Agenda and minutes

Venue: Council Chamber, County Hall, Dún Laoghaire, Co. Dublin

Contact: Corporate Services 

Media

Items
No. Item

C/649

Confirmation of Minutes pdf icon PDF 225 KB

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Minutes of the Annual County Council Meeting Held on 14th October 2019

 

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

 

“That the minutes of the Annual County Council meeting held on the 14th October 2019 be ADOPTED and APPROVED.”

 

 

C/650

Questions pdf icon PDF 66 KB

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It was proposed by Councillor M. Clarke, seconded by Councillor P. O’Brien and RESOLVED:

 

“That pursuant to Standing Order No. 13 (c) question numbers A.1 to A.33 be ADOPTED and APPROVED.”

 

C/651

Councillor K. Ahmed - Housing Crisis pdf icon PDF 171 KB

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C/652

Councillor K. Ahmed - Urban Regeneration pdf icon PDF 208 KB

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C/653

Councillor K. Ahmed - Community Centres pdf icon PDF 168 KB

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C/654

Councillor K. Ahmed - Urban Regeneration and Urban Development Fund Projects pdf icon PDF 269 KB

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C/655

Councillor M. Baker - Pilot Deep Clean pdf icon PDF 187 KB

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C/656

Councillor M. Baker - Selection Committee - Grants pdf icon PDF 84 KB

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C/657

Councillor A. Colgan - DLR Climate Team pdf icon PDF 186 KB

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C/658

Councillor C. Devlin - Road Sign pdf icon PDF 160 KB

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C/659

Councillor C. Devlin - Housing Completions pdf icon PDF 190 KB

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C/660

Councillor C. Devlin - Sweeper Fleet pdf icon PDF 163 KB

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C/661

Councillor C. Devlin - HOP Grant Applications pdf icon PDF 171 KB

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C/662

Councillor C. Devlin - Anti Social Figures pdf icon PDF 267 KB

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C/663

Councillor M. Fleming - Affordable Housing Schemes pdf icon PDF 188 KB

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C/664

Councillor M. Fleming - Plastic Bottle Vending Machines pdf icon PDF 164 KB

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C/665

Councillor M. Halpin - DLR Properties pdf icon PDF 166 KB

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C/666

Councillor M. Halpin - Council Owned Subsidiaries pdf icon PDF 160 KB

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C/667

Councillor M. Halpin - Part V Homes pdf icon PDF 193 KB

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C/668

Councillor M. Halpin - Private & Public Housing Report pdf icon PDF 182 KB

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C/669

Councillor L. McCarthy - Cyclist Use of Bells pdf icon PDF 161 KB

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C/670

Councillor L. McCarthy - Tree Removal pdf icon PDF 159 KB

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C/671

Councillor L. McCarthy - Sweeping of Cycle Lanes pdf icon PDF 167 KB

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C/672

Councillor M. O'Connell - Women Sports Events pdf icon PDF 170 KB

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C/673

Councillor S. Ó Faoláin - Projects Under DMURS pdf icon PDF 169 KB

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C/674

Councillor S. Ó Faoláin - Traffic Improvement Scheme pdf icon PDF 170 KB

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C/675

Councillor S. Ó Faoláin - NTA Funding pdf icon PDF 172 KB

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C/676

Councillor C. Smyth - Columbarium Wall Update pdf icon PDF 161 KB

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C/677

Councillor C. Smyth - Contractors Payments pdf icon PDF 159 KB

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C/678

Councillor C. Smyth - Retrofitting pdf icon PDF 95 KB

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C/679

Councillor B. Ward - Cable Ties pdf icon PDF 161 KB

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C/680

Councillor B. Ward - Litter Fines pdf icon PDF 167 KB

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C/681

Councillor B. Ward - Public Toilet List pdf icon PDF 187 KB

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C/682

Councillor B. Ward - Drain Clearing Vehicles pdf icon PDF 161 KB

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C/683

Councillor B. Ward - Switch to LEDs pdf icon PDF 166 KB

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C/684

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 pdf icon PDF 95 KB

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List of Conferences and Training Courses for Councillors

 

The report of the Chief Executive was CONSIDERED.

 

It was proposed by Councillor J. O’Leary, seconded by Councillor P. O’Brien and RESOLVED:

 

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

 

 

C/684/11a/11

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 pdf icon PDF 141 KB

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Approval of Nominations for Conferences and Training Courses

 

The report of the Chief Executive was CONSIDERED.

 

Conferences

Energy Action Fuel Poverty Conference 2019

It was proposed by Councillor A. Colgan, seconded by Councillor M. Clarke and RESOLVED:

 

That Dún Laoghaire – Rathdown County Council nominates the following Councillors to attend ‘Energy Action Fuel Poverty Conference 2019’, Croke Park, Dublin Monday 21st October 2019 1. Cllr Séafra Ó Faoláin 2. Cllr Ossian Smyth

 

Training

 

LAMA Autumn Training Seminar

It was proposed by Councillor A. Colgan, seconded by Councillor M. Clarke and RESOLVED:

 

That Dún Laoghaire – Rathdown County Council nominates the following Councillors to attend LAMA, Autumn Training Seminar, The Falls Hotel, Ennistymon, Co. Clare, 17th – 19th October 2019 1. Cllr Emma Blain 2. Cllr Mary Fayne

 

AILG Autumn Training

It was proposed by Councillor A. Colgan, seconded by Councillor M. Clarke and RESOLVED:

 

That Dún Laoghaire – Rathdown County Council nominates the following Councillors to attend AILG Autumn Training 10th October 2019 1. Jim Gildea

 

AILG Autumn Training

It was proposed by Councillor A. Colgan, seconded by Councillor M. Clarke and RESOLVED:

 

That Dún Laoghaire – Rathdown County Council nominates the following Councillors to attend AILG Autumn Training 21st November 2019 1. Cllr Kate Feeney

 

 

 

 

 

C/685

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 pdf icon PDF 87 KB

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Conference and Training Report Documents Submitted

 

It was NOTED that there was no business under this heading

 

C/686

Proposed Disposal of Properties

Proposed Acquisition and Disposal of Plots of Land at Cherrywood, Dublin 18 between Dún Laoghaire Rathdown County Council and Hines Cherrywood Development Fund ICAV, CWTC Multi Family ICAV or their nominees

 

The proposed disposal was CONSIDERED.

 

Mr. A. Baines, Senior Executive Officer, Infrastructure and Climate Change read through the report of the proposed disposal.

 

A discussion took place during which Mr. A. Baines, Senior Executive Officer of Infrastructure and Climate Change responded to Members’ queries.

 

It was proposed by Councillor P. O’Brien, seconded by Councillor M. Clarke and RESOLVED:

 

“That the Proposed Acquisition and Disposal of Plots of Land at Cherrywood, Dublin 18 between Dún Laoghaire Rathdown County Council and Hines Cherrywood Development Fund ICAV, CWTC Multi Family ICAV or their nominees in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001 on the terms and conditions as aforementioned.”

C/687

Strategic Policy Committee Scheme 2019-2024 pdf icon PDF 106 KB

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The report of the Chief Executive was CONSIDERED.

 

Ms. M. T. Daly, Director of Corporate, Communications and Governance, read through the report of the Strategic Policy Committee Scheme 2019-2024.

 

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

 

It was AGREED to review the Strategic Policy Committees after two and a half years.

 

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

 

“That this Council hereby adopts Strategic Policy Committee Scheme 2019-2024.”

C/688

Appointment of 4 External Members to Dún Laoghaire-Rathdown County Council's Audit Committee pdf icon PDF 314 KB

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The report of the Chief Executive was CONSIDERED.

 

It was proposed by Councillor M. Baker, seconded by Councillor P. O’Brien, and RESOLVED:

 

That the recommendation of the Corporate Policy Group, in relation to the appointment of Noreen Fahy, Penelope Kenny, Justin McCarthy and Conor O’Brien to the Audit Committee be ADOPTED and APPROVED.

C/689

Appointment of 6 Members to the Sutton to Sandycove (S2S) Joint Committee pdf icon PDF 91 KB

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The report of the Chief Executive was CONSIDERED.

 

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

 

Group Voting

Councillor B. Saul informed An Cathaoirleach, Councillor S. Brennan that in accordance with Section 18 of Schedule 10 of the Local Government Act, 2001 the following Councillors had formed two Groups of seven:

 

Group 1: Cllr. K. Ahmed, Cllr. J. O’Leary, Cllr. A. Grainger, Cllr. M. Fayne, Cllr. L. Hall, Cllr. M.O'Connell, Cllr. J. Gildea to appoint: Councillor M. Baker

 

Group 2: Cllr. B. Saul, Cllr. B. Ward, Cllr. E. Blain Cllr. Baker, Cllr. J. Carroll MacNeill, Cllr. J. Kennedy, Cllr. M. Fleming to appoint: Councillor B. Ward

 

It was proposed by Councillor C. Devlin, seconded by Councillor O. Smyth and RESOLVED:

 

“That Councillors K. Feeney, D. Kingston, D. Donnelly and S. Ó Faoláin be appointed to the Sutton to Sandycove (S2S) Joint Committee”

 

The following Councillors were appointed to the Sutton to Sandycove (S2S) Joint Committee: Councillor M. Baker, Councillor B. Ward, Councillor K. Feeney, Councillor D. Kingston, Councillor D. Donnelly and Councillor S. Ó Faoláin.

 

C/690

Draft Segregation, Storage and Presentation of Household and Commercial Waste Bye-Laws, 2019 pdf icon PDF 263 KB

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The report of the Chief Executive was CONSIDERED:

 

Mr. A. Baines, Senior Executive Officer, Infrastructure and Climate Change read through the report, as amended, of the Draft Segregation, Storage and Presentation of Household and Commercial Waste Bye-Laws, 2019.

 

An Cathaoirleach, Councillor S. Brennan, advised the Members that the following motion was handed up from the floor.

 

Motion (1) from the floor:

 

It was proposed by Councillor D. Smith and seconded by Councillor C. Devlin:

 

“That the Draft Segregation, Storage and Presentation of Household and Commercial Waste Bye-Laws, 2019 be amended by amending draft Bye-Law 5 to read as follows:

 

“5. Use of Waste Containers on Collection Day

 

(a) Subject to paragraph (b), kerbside waste shall only be presented for collection in an appropriate waste container. The container shall not be over-loaded, and the lid shall be securely closed. No waste shall be presented on the top of the lid or adjacent to the waste container.

 

(b) Paragraph (a) shall not apply where waste is collected in bags or sacks in an area designated by Dun Laoghaire-Rathdown County Council as a designated bag collection area. No waste shall be presented on the top of or adjacent to the bags or sacks.

 

(c) Subject to paragraph (d) all appropriate waste containers should not be put in a place which would cause an obstruction to users of a roadway, footway or footpath.

 

(d)   Paragraph (c) shall not apply where an occupier places a waste container on a  roadway, footway or footpath outside a premises to facilitate the  collection of  waste by an authorised waste  collector if there is  not  within the road frontage of that premises , any place at which the occupier can leave such waste containers so as to ensure pedestrians, wheelchair users and traffic can move freely  provided  the occupier has taken all reasonable  steps to minimise any obstruction  caused  to pedestrians, wheelchair users and traffic and to remove the waste container from the roadway, footway or footpath as soon as reasonably possible after the waste has been collected. ”

 

Motion (1) from the floor was AGREED.

 

A discussion took place, during which Mr. A. Baines, Senior Executive Officer, Infrastructure and Climate Change responded to Members’ queries

 

It was AGREED to take motions no. 24 and 39 on the agenda in conjunction with Item 8.

 

(a)     Motion No. 24

 

It was proposed by Councillor P. O’Brien and seconded by Councillor D. Kingston:

 

“That this Council, with a view of the re-entry of local authorities to domestic bin collection, write to the Minister of Communications, Climate Action & Environment calling for the establishment of a regulator for household waste collection to ensure that every household has access to an affordable waste disposal service.”

 

The report of the Chief Executive was CONSIDERED.

 

(b)     Motion No. 39

 

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

 

“That this Council agrees, in the interests of value for money for the residents of Dún Laoghaire-Rathdown, climate change, and traffic congestion, to take the waste  ...  view the full minutes text for item C/690

C/691

Cathaoirleach's Business: Councillor S. Brennan

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1. Vote of Congratulations

A vote of congratulations was passed to Dún Laoghaire-Rathdown County Council for their award in the “Leadership in the Public Sector” category at the recent SEAI Awards.

 

 

 

C/692

Chairing of Meeting

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At 18.13p.m. An Cathaoirleach, Councillor S. Brennan excused himself from the Chair to attend an event in the Lexicon. An Leas Cathaoirleach, Councillor D. Donnelly chaired the meeting in the absence of An Cathaoirleach, Councillor S. Brennan.

 

C/693

Final Accounts for the Former Harbour Company for the period 1.1.2017 to 2.10.2018 (cessation date,) and Draft Auditors Report thereon

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The report of the Chief Executive, submitted in accordance with Section 33 of the Harbours Act 2015, was CONSIDERED.

 

Ms. T. Langan, T/Director of Service, read through the report of Final Accounts for the Former Harbour Company for the period 1.1.2017 to 2.10.2018 (cessation date,) and Draft Auditors Report.

 

A discussion took place during which Ms. P. Poole, Chief Executive, Ms. T. Langan, T/Director of Service and Ms. A. O’Connell, Management Accountant, responded to Members’ queries.

 

The report of the Chief Executive was NOTED.

 

It was AGREED to take motion no. 25 on the agenda in conjunction with Item 10.

 

Motion No. 25

 

It was proposed by Councillor J. O’Connell and seconded by Councillor D. O’Callaghan:

 

“That the Chief Executive now report on the status of the final accounts for the former Dún Laoghaire Harbour Company pursuant to Section 33 of the Harbours Act 2015 and if they have been presented to the Minister for Housing,Planning and Local Government and laid before both houses of the Oireachtas.

 

·       Report on the integration of the Harbour operations into the Councils.

 

·       Agrees that the Council Executive commence the Procurement of an independent Economic and Spatial Strategy for the harbour and Town.

 

·       Agrees that in recognising the Harbour area as having enormous historic and cultural significance commences a public consultation process with all of the stakeholders, statutory bodies and residents of Dún Laoghaire Rathdown as a first step to developing an economic plan for its future use and that of the Town.

 

·       Agrees to review the current harbour Bye-Laws, review harbour policy including the National Ports Policy, County Development Plan and the National Maritime Planning Framework.  

 

·       Identify sources of funding.

 

·       And that regular briefings for the elected Council be undertaken.”

 

A further discussion took place during which Ms. T. Langan, T/Director of Service responded to Members’ queries.

 

The motion was AGREED.

 

C/694

Corporate Policy Group Minutes pdf icon PDF 281 KB

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The report of the Chief Executive was CONSIDERED.

 

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

 

11 (a) Minutes of Corporate Policy Group Meeting held on 8 July 2019

 

The Minutes of Corporate Policy Group Meeting held on 8 July 2019 were NOTED.

 

11 (b)Minutes of Corporate Policy Group Meeting held on 2 September 2019

 

The Minutes of Corporate Policy Group Meeting held on 2 September 2019 were NOTED.

C/695

Ministerial/Departmental Correspondence pdf icon PDF 63 KB

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12(a) Ministerial Correspondence Received

 

It was NOTED that there was no business under this heading.

 

12(b) Ministerial Correspondence Issued on foot of a Council Decision

 

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

 

a) Letters issued to the Minister for Housing, Planning and Local Government and the Minister for Finance, Public Expenditure and Reform dated 21 October 2019 detailing a resolution passed at the County Council meeting on 9 September 2019  to express this Council’s complete dissatisfaction with the requirement for all Councils to decide on the variation of the Local Property Tax basic rate in the absence of comprehensive budgetary information and to undertake to move the date that all local authorities inform the Revenue Commissioners of the basic rate of LPT from September to no earlier than the end of October and to copy all local authorities. (MFF 6)

 

b) Letters issued to the Minister for Housing, Planning and Local Government and the Minister for Finance, Public Expenditure and Reform dated 21 October 2019 detailing a resolution passed at the County Council meeting on 9 September 2019 to express this Council’s complete dissatisfaction with the requirement for all Councils to decide on the variation of the Local Property Tax basic rate in the absence of comprehensive budgetary information and calls to move the date of informing revenue of basic rate to no earlier than the end of October. (MMF 8)

 

c) Letter issued to the Minister for Transport, Tourism and Sport dated 21 October 2019 detailing a resolution passed at the County Council meeting on 9 September 2019 outlining the negative bearing of taking on the liabilities of Dún Laoghaire Harbour and to ask him to reconsider his decision not to provide any funding to offset these liabilities. (MMF 7)

 

d) Letters issued to the Minister for Housing, Planning and Local Government and the Minister for Finance, Public Expenditure and Reform and the Minister for Health dated 22 October 2019 detailing a resolution passed at the County Council meeting on 14 October 2019 requesting the Government to review the Fair Deal Scheme.

 

e) Letters issued to the Minister for Housing, Planning and Local Government and the Minister for Transport, Tourism and Sport dated 22 October 2019 detailing a resolution passed at the County Council meeting on 14 October 2019 calling on funding to be made available by Central Government to this local authority to assist with the carrying out of a noise assessment along the M50.

 

 

C/696

Other Correspondence pdf icon PDF 37 KB

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13(a)Other CorrespondenceReceived

 

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

 

a)   Letter of a resolution adopted by Wicklow County Council dated 8 October 2019 regarding the roll-out of 5G.

b)   Copy of letter from Dublin City Council dated 9 October 2019 detailing the names of their Councillors who have been appointed to the Sutton to Sandycove Joint Committee (S2S).

c)    Copy of a resolution adopted by Sligo County Council dated 9 October 2019 regarding Lyme Disease.

d)   Copy of a resolution adopted by Donegal County Council dated 11 October 2019 regarding the Mercosur Trade Deal.

e)   Copy of a resolution adopted by Westmeath County Council dated 21 October 2019 regarding the Defence Forces.

f)    Copy of resolution adopted by Fingal County Council dated 25 October 2019 regarding developing and implementing Local Migrant Integration Strategies.

 

13(b) Other Correspondenceissued on foot of a Council Decision

 

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

 

a)   Letter issued to Dublin City University dated 22 October 2019 informing them of the nomination of Councillor Daniel Dunne to the DCU Governing Authority.

b)   Letter issued to Councillor Daniel Dunne dated 22 October 2019 informing him of his nomination to the DCU Governing Authority.

c)    Letter of condolence dated 22 October 2019 issued to The Fahy Family.

 

C/697

Monthly Management Report October 2019

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The Management Report for October 2019 was CONSIDERED and NOTED.

 

C/698

Solar Powered Electrical Facility

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It was proposed by Councillor J. Gildea and seconded by Councillor B. Ward:

 

“That this Council requests the Chief Executive to identify a suitable site within the county which can be used for the provision of a sustainable solar powered electricity generating facility of at least 10MW capacity and to report back to this council within three months.”

 

The report of the Chief Executive was CONSIDERED.

 

A discussion took place during which Mick Mangan, A/Director of Service, Andrée Dargan, County Architect, Architects and Mary Henchy, Director, Planning and HR Department responded to Members’ queries.

 

The motion was AGREED.

C/699

Human Rights and Equality

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It was proposed by Councillor D. Quinn and seconded by Councillor D. Kingston:

 

“That this Council take all appropriate steps to meet its obligations under Section 42 of the Irish Human Rights and Equality Commission Act (2014) by:

1. Putting in place a responsible officer, establishing a working group of the County Council with senior management participation, providing training to relevant staff and developing an action plan to establish the necessary conditions for implementing effectively the Public Sector Equality and Human Rights Duty

2. Prepare and publish a general assessment of the equality and human rights issues relevant to each of its functions and establish the systems to ensure these are adequately addressed in all Council plans, programmes and procedures

3. Commit to ensuring participation by organisations representing groups experiencing inequality and human rights issues in developing and implementing the action plan and put in place the necessary systems for this to happen.”

 

A discussion took place during which Ms. L. Earls, Senior Executive Officer, Corporate, Communications and Governance and Ms. D. Lawson, Director, Community and Cultural Department, Responded to Members’ queries.

 

The motion was AGREED.

C/700

Call Over of Members Motions

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It was AGREED to take a call over of Members Motions at this time.

 

C/701

Recreational Play Space

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The following motion was MOVED by Councillor C. Devlin WITHOUT DISCUSSION:

 

“That this Council, in the interest of expanding our County’s recreational play space and given the lack of public open space in Dún Laoghaire town and its environs, requests the Chief Executive to acquire the 1.255 hectares / 3.1 acres green field site (zoned open space) on Tivoli Terrace South, Dún Laoghaire (PRSA #002340) and that a report is brought back to our next Council meeting as a headed item on this subject?”

 

The report of the Chief Executive was NOTED

 

C/702

Social Housing Assessments

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The following motion was MOVED by Councillor D. O’Callaghan WITHOUT DISCUSSION:

 

“That the Chief Executive reports on the process for assessing social housing needs with specific regard to the annual assessment of applicants on the lists.”

 

The report of the Chief Executive was NOTED.

 

 

 

C/703

Re-entering of Items

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It was AGREED to re-enter Items Nos. 17-23, 26, 27, 29-38, 40, 42-44 to the December County Council meeting.

 

C/704

Conclusion of Meeting

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The Meeting Concluded at 20.00pm.