Agenda and minutes

A vote of condolence was passed with the families of the six Irish students tragically killed in Berkeley, California.

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

The following motion, in the name of Councillor J. Madigan was WITHDRAWN:

“That this Council welcomes the Government’s decision in Budget 2015 to recruit 200 extra Gardai and provide 400 new Garda vehicles in measures that will help protect communities in Dún Laoghaire-Rathdown County Council.”

It was proposed by Councillor N. Richmond and seconded by Councillor G. Horkan:

“That the Chief Executive carries out a full audit of all cycle lanes in the County to see which are most in need of repair.”

The report of the Chief Executive was CONSIDERED and AGREED.

The following motion, in the name of Councillor D. O’Callaghan, was proposed by Councillor P. O’Brien and seconded by Councillor C. Smyth:

“That the Chief Executive reports on the blocking by a third party of a pedestrian right-of-way near Ballybetagh Wood (runs from Enniskerry Road to Ballybetagh Road) and to outline what action to date the Council has taken or intend taking to have the right-of-way re-opened to also include legal action if required.”

The report of the Chief Executive was CONSIDERED and AGREED.

In the absence of Councillor D. O’Callaghan, the following motion was proposed by Councillor P. O’Brien and seconded by Councillor L. McCarthy:

“That this Council notes and supports the recent agreement reached between the Government and the Irish Medical Organisation to provide free G.P care to children under 6 and overs 70s which will make a massive difference to the youngest and oldest in our County.”

The report of the Chief Executive was CONSIDERED and NOTED.

It was proposed by Councillor D. Donnelly and seconded by Councillor S. O’Neill:

“That this Council support the Relay for Life’s campaign to make the relay track around the pond in the centre of Blackrock Park a smoke free zone, which would improve the experience for park users and help fight back against smoking related illnesses. Blackrock Park is the venue for Relay for Life's annual 24 hour event and would be the starting point for rolling out this initiative to other parks in the county?”

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Mr. R. Shakespeare, Director of Environment responded to Members’ queries.

The report of the Chief Executive was AGREED. It was AGREED that Mr. Shakespeare would write to the Minister in relation to the motion and also to raise the issue at the Environment, Climate Change and Energy Strategic Policy Committee meeting in September.

It was proposed by Councillor C. Curran and seconded by Councillor S. Nic Cormaic:

“That this Council recognises that every citizen has the right to identity as male, female or transgender. That this Council further agrees that all Council printed and online forms, documentation and computer applications will be updated to be reflective of this right.

For example: rather than using terminology such as "gender", the terminology might say "gender identity" and that transgender will be an available option.

The timeframe for such changes will take place as follows:

- Online forms & documentation: immediately

- Printed forms & documentation: at next print run

- Bespoke Computer Applications: immediately

- Applicable Commercial off the shelf Software: as soon as a relevant update is available

If required, the Council will liaise with the Transgender Equality Network for Assistance (TENI) for further advices.”

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Ms. K. Holohan, Director of Corporate Services and Human Resources responded to Members queries.

An Cathaoirleach, Councillor B. Saul READ the following motion from the floor:

Amended motion from the floor:

It was proposed by Councillor C. Curran and seconded by Councillors S. O’Brien and K. Gill:

“That this Council recognises that every citizen has the right to identity as male, female or other. That this Council further agrees that all Council printed and online forms, documentation and computer applications will be updated to be reflective of this right.

For example: rather than using terminology such as "gender", the terminology might say "gender identity".

The timeframe for such changes will take place as follows:

- Online forms & documentation: immediately

- Printed forms & documentation: at next print run

- Bespoke Computer Applications: immediately

- Applicable Commercial off the shelf Software: as soon as a relevant update is available

If required, the Council will liaise with the Transgender Equality Network for Assistance (TENI) for further advices.”

The amended motion was AGREED and the report of the Chief Executive was AGREED.

It was proposed by Councillor M. Merrigan and seconded by Councillor V. Boyhan:

“That, given the obvious and frequently expressed health and safety concerns with the current Council Chamber including, the wholly inadequate desk space and seating arrangements for the Elected Members; the crowded and insufficient space for the Council Officials servicing the meetings and the very limited space for the public to attend the Council Meetings, each of which, contributes to a completely unacceptable, uncomfortable and potentially unsafe working environment for all concerned, that he Chief Executive shall commission a feasibility study to be undertaken by the County Architect into the possibility of relocating the Council Chamber to the much underutilised Assembly Hall in order to provide for the adequate space, within which, to more effectively conduct the public and statutory business of the Council in the interests of the people of this County and furthermore, that the Chief Executive explore the possibility of securing European Union funding for these works in the interests of strengthening and enhancing the functioning of local democracy.”

The report of the Chief Executive was CONSIDERED.

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

The report of the Chief Executive was AGREED.

It was AGREED to RE-ENTER the following motion, in the name of Councillor M. Halpin, to the July meeting of the County Council:

“That this Council calls on the Government to abolish the Property Tax and replace it with a Financial Transaction Tax.”

It was proposed by Councillor P. O’Brien and seconded by Councillor K. Gill:

“That this Council will only engage with private waste companies that recognise and actively work with worker’s unions.”

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Mr. F. Austin, Director of Transportation and Water Services and Ms. P. Poole, Chief Executive responded to Members queries.

An Cathaoirleach, Councillor B. Saul READ the following amendment to the motion, handed up from the floor:

Amendment to the motion, handed up from the floor:

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

“To insert ‘as a matter of policy’ after ‘will only’ and before ‘engage’.”

A roll call vote on the amendment to the motion was requested, the result was as follows:

An Cathaoirleach, Councillor B. Saul declared the amendment to the motion CARRIED.

Substantive Motion:

It was proposed by Councillor P. O’Brien and seconded by Councillor K. Gill:

“That this Council will only, as a matter of policy, engage with private waste companies that recognise and actively work with worker’s unions.”

A roll call vote on the substantive motion was requested, the result was as follows:

An Cathaoirleach, Councillor B. Saul declared the substantive motion CARRIED.

It was AGREED to come back to this item later in the meeting.

It was proposed by An Cathaoirleach, Councillor B. Saul and seconded by Councillor P. Stewart:

"That this council calls on the Minister for Finance to review the current Local Property Tax scheme in order to prevent a large increase in future bills to residents due to the steady increase in property prices in the Dun Laoghaire Rathdown area?"

The report of the Chief Executive was CONSIDERED:

A discussion took place, during which Ms. H. Cunningham, Director of Finance and I.T. responded to Members’ queries.

The motion was AGREED.

It was proposed by Councillor S. O’Neill and seconded by Councillor D. Donnelly:

“That this Council write to the Minister for Environment, Community & Local Government requesting the inclusion of carbon monoxide alarms for residents of private accommodation in the Scheme which provides alarms for vulnerable people.”

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Mr. T. McHugh, Director of Housing and Community responded to Members queries.

The motion was AGREED.

It was AGREED to take Item No. 15 in conjunction with Item No. 11.

Item No. 11: Debt Collector on Behalf of Irish Water

It was proposed by Councillor S. O’Brien and seconded by Councillor C. Curran:

"That this Council calls on the Chief Executive to refuse to allow this Local Authority to act as a debt collector on behalf of Irish Water."

The report of the Chief Executive was CONSIDERED.

An Cathaoirleach, Councillor B. Saul READ the following amendment to Item No. 11 handed up from the floor:

Amendment to Item No. 11 from the floor

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

“To include the words after Irish Water “with regards to domestic water charges.”

Item No. 15: Arrears/Monies Owed by Council Tenants to Irish Water

It was proposed by Councillor H. Lewis and seconded by Councillor K. Gill:

“That this Council categorically refuses to collect any arrears or monies owed by Council tenants on behalf of Irish Water and if this motion is passed writes to Central Government and Irish Water communicating our position.”

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Ms. H. Cunningham, Director of Finance and I.T. and Ms. P. Poole, Chief Executive, responded to Members’ queries.

Item No. 11: Debt Collector on Behalf of Irish Water

Amendment to Item No. 11 from the floor

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

“To include the words after Irish Water “with regards to domestic water charges.”

The amendment to Item No. 11 from the floor was AGREED.

Item No. 11, as amended

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

"That this Council calls on the Chief Executive to refuse to allow this Local Authority to act as a debt collector on behalf of Irish Water with regards to domestic water charges."

A roll call vote on the motion, as amended, was requested, the result was as follows:

An Cathaoirleach, Councillor B. Saul declared the motion, as amended, CARRIED.

Item No. 15: Arrears/Monies Owed by Council Tenants to Irish Water

It was proposed by Councillor H. Lewis and seconded by Councillor K. Gill:

“That this Council categorically refuses to collect any arrears or monies owed by Council tenants on behalf of Irish Water and if this motion is passed  ...  view the full minutes text for item C/401

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

“That this Council supports the principle of direct provision & construction of social housing units and calls on the Chief Executive to put Council resources in place in order to commence the construction of 150 residential units at a minimum in 2015.”

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Mr. T. McHugh, Director of Housing and Community responded to Members’ queries.

An Cathaoirleach, Councillor B. Saul READ the following amendment to the motion, handed up from the floor:

Amendment to Motion, from the floor:

It was proposed by Councillor V. Boyhan and seconded by Councillor M. Merrigan:

“That this Council supports the principle of direct provision and construction of social housing units and calls on the Chief Executive to put Council resources in place in order to commence the constructions/purchase of 150 residential units at a minimum in 2015.”

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

The amendment to the motion was AGREED.

Substantive Motion:

It was proposed by Councillor V. Boyhan and seconded by Councillor M. Merrigan:

“That this Council supports the principle of direct provision and construction of social housing units and calls on the Chief Executive to put Council resources in place in order to commence the constructions/purchase of 150 residential units at a minimum in 2015.”

The substantive motion was AGREED.

The following motion, in the name of Councillor S. Brennan, was WITHDRAWN:

“That this Council in the interests of more efficient usage of tax payers money and improved transport services for the commuters of the county, supports the Government in its’ tendering of a portion of Dublin Bus routes to private operators, and calls on the Government to ensure that this is done through a competitive, transparent and regulated process.”

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

“That the Chief Executive begins the process of providing a Domestic Violence Refuge in the County in conjunction with Tusla.”

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Mr. T. McHugh, Director of Housing and Community responded to Members’ queries.

The motion was AGREED. It was also AGREED to invite TUSLA to a future meeting of the Social Housing Strategic Policy Committee.

It was AGREED to take Item No. 27 in conjunction with Item No. 17.

Item No. 17: Safety Barriers on M50 Bridges and Flyovers

It was proposed by Councillor C. Martin and seconded by Councillor O. Smyth:

“That this Council ask the Garda National Traffic Bureau why it does not have a policy in relation to the health and safety concerns surrounding the height of safety barriers on M50  bridges and flyover structures and whether or not it is its intention to put any such policy in place.”

The report of the Chief Executive was CONSIDERED.

Item No. 27: Safety of Bridges

It was proposed by Councillor C. Curran and seconded by Councillor S. Nic Cormaic:

“That this Council recognises that across the County some bridges are unsafe, and commits to the provision of safer pedestrian walkways/footpaths on such bridges. This motion also proposes that the Council will engage with those responsible for LUAS and M50 bridges to ensure that additional measures are taken to result in such bridges being made safer.”

The report of the Chief Executive was CONSIDERED.

A discussion took place.

Item No. 17: Safety Barriers on M50 Bridges and Flyovers

It was proposed by Councillor C. Martin and seconded by Councillor O. Smyth:

“That this Council ask the Garda National Traffic Bureau why it does not have a policy in relation to the health and safety concerns surrounding the height of safety barriers on M50  bridges and flyover structures and whether or not it is its intention to put any such policy in place.”

The motion was AGREED.

Item No. 27: Safety of Bridges

It was proposed by Councillor C. Curran and seconded by Councillor S. Nic Cormaic:

“That this Council recognises that across the County some bridges are unsafe, and commits to the provision of safer pedestrian walkways/footpaths on such bridges. This motion also proposes that the Council will engage with those responsible for LUAS and M50 bridges to ensure that additional measures are taken to result in such bridges being made safer.”

The motion was AGREED. Councillor G. Horkan wished it recorded that he was not in agreement with this approval.

It was AGREED to extend the meeting to the conclusion of the business on the agenda.

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

“That this Council, recognising the need for safety for children at play in the housing estates in which they live, calls on the Minister for Transport to pass the Road Traffic Amendment Bill 2015 commonly known as Jake's Law, in memory of Jake Brennan, in order to introduce a new mandatory speed limit of 20km specifically for housing estates. The Council further commits to writing to the Minister on this issue and circulating this letter to all other Local Authorities in the state for their consideration.”

The report of the Chief Executive was CONSIDERED and AGREED.

Councillor B. Ward was not in agreement with the report of the Chief Executive being AGREED.

It was proposed by An Cathaoirleach, Councillor B. Saul and seconded by Councillor G. Horkan:

“That this Council amends the Parks By Laws to include Clonmore Park in

section 1.a "

The report of the Chief Executive was CONSIDERED and AGREED.

It was AGREED to RE-ENTER the following motion, in the name of Councillors M. Bailey, J. Bailey, N. Richmond and P. Stewart, to the July meeting of the County Council:

“That this Council congratulates the Minister for Health, Leo Varadkar TD, on the provision of the new Bill to provide a universal GP service for everyone over the age of 70, as part of plans for the introduction of a universal GP service for the whole population.

In tandem with separate plans for the under-sixes, this will ensure that the youngest and the oldest have access to GP care without fees later this year. This is a significant step on the way towards universal health care.”

It was proposed by Councillor J. Madigan and seconded by Councillor M. Fayne:

“That this Council applauds the initiative of Minister for Tourism Paschal Dononhoe in recognising the key role of local authorities in his Department’s new tourism policy, ‘People, Place & Policy, Growing Tourism to 2025’, and calls on Dún Laoghaire-Rathdown County Council to implement the recommendations therein:

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Ms. M. Henchy, A/Director of Planning and Enterprise responded to Members queries.

An Cathaoirleach, Councillor B. Saul READ the following amended motion handed up from the floor:

Amended Motion from the Floor:

It was proposed by Councillor L. Dockery and seconded by Councillor C. Devlin:

“That this Council commends the initiative of Minister for Tourism Paschal Dononhoe in recognising the key role of local authorities in his Department’s new tourism policy, ‘People, Place & Policy, Growing Tourism to 2025’, and calls on Dún Laoghaire-Rathdown County Council to implement the recommendations therein:

The amended motion was AGREED and the report of the Chief Executive was AGREED.

It was proposed by Councillor S. O’Neill and seconded by Councillor C. Devlin:

”That this Council commence a program to remove surplus street furniture (redundant poles, bus stops, telephone boxes, sawnoff sewer vents, dead trees, etc)  given that the GPS coordinates are known.”

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Mr. R. Shakespeare, Director of Environment responded to Members’ queries.

The report of the Chief Executive was AGREED.

It was AGREED to RE-ENTER the following motion, in the name of Councillor M. Halpin, to the July meeting of the County Council:

 “That this Council discuss the letter entitled Targets for Delivery under the Social Housing Strategy 2015, 2016 and 2017 received from the Department of the Environment, Community and Local Government April 2015.”

It was proposed by Councillor V. Boyhan and seconded by Councillor C. Devlin:

“That the Chief Executive brief the Council as to extent of the proposed changes with Fire Service Calls to the National Ambulance Service in Tallaght and will she state what is the rationale to cut fire crews and what dispute resolution arrangements are in place to negotiate a resolution in relation to these matters.”

The report of the Chief Executive was CONSIDERED.

The motion was AGREED and the report of the Chief Executive was AGREED.

It was proposed by Councillor M. Merrigan and seconded by Councillor B. Ward:

“That the Chief Executive explore the possibility of the Council acquiring Bullock Harbour in Dalkey in order to facilitate the development of a comprehensive policy framework for the effective management, protection and conservation, maintenance of public access, maritime leisure use and promotion of the entire coastline of the County, including all of its harbours.”

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Mr. R. Shakespeare, Director of Environment responded to Members’ queries.

The report of the Chief Executive was AGREED. It was also AGREED to write to Dublin Port for an update on Bullock and Sandycove Harbours.

It was AGREED to RE-ENTER the following motion, in the name of Councillor S. O’Brien, to the July meeting of the County Council:

“That this Council notes the increasing casualization of employment, adding to the high levels of economic inequality; acknowledges the increasing prevalence of zero and low hour contracts; calls on the Minister for Jobs, Enterprise and Innovation to adopt an industrial relations policy that ends zero hour contracts, supports banded hour and full time contracts and protects workers creating a benchmark for sustainable decent employment.”

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

“That the Chief Executive ensures the Sonas Safe Home Project continues in conjunction with Tusla.”

The report of the Chief Executive was CONSIDERED.

A discussion took place.

The motion was AGREED.

It was proposed by Councillor V. Boyhan and seconded by Councillor M. Merrigan:

“That the Chief Executive provide a report detailing the number of applications for funding to assist “urgent works” needed to safeguard designated Protected Structures within the functional area of Dún Laoghaire–Rathdown in 2015, and to provide details of the two properties selected that will benefit from conservation works from this year’s limited grant package.”[08 June 2015]

The report of the Chief Executive was CONSIDERED.

The motion was AGREED and the report of the Manager was AGREED.

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

“That this Council calls upon the Government to commence the Construction Contracts Act 2013 as soon as possible. In this regard all unresolved matters such as the establishment of the adjudicators panel and the appointment of a chairperson to the panel should be attended to in order to expedite the provision of a commencement date.”

The report of the Chief Executive was CONSIDERED.

A discussion took place.

An Cathaoirleach, Councillor B. Saul READ the following amended motion handed up from the floor:

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

“That this Council calls upon the Government to commence the Construction Contracts Act 2013 as soon as possible. In this regard all unresolved matters such as the establishment of the adjudicators panel should be attended to in order to expedite the provision of a commencement date.”

The amended motion was AGREED.

It was proposed by Councillor M. Merrigan and seconded by Councillor S. Nic Cormaic:

“That, the Chief Executive immediately investigates the circumstances, by which, erroneous information was supplied to officials which was then circulated to each Councillor, Director of Services and Senior Officials by email on May 8^th 2015 purporting to indicate that the Dún Laoghaire BID Company was in compliance with its legal obligation to register the Council’s nominee as a Director of that Company (nominated June 6^th 2014 – C/308/14) with the Companies Registration Office. Furthermore, as this erroneous information underpinned verbal assurances provided to the Council Meeting of May 11^th 2015 by the Executive stating that all documents were already signed and forwarded to the Companies Registration Office, where in fact, such documents were not signed until May 17^th 2015 and not received by the Companies Registration Office until May 20^th 2015 (see attached) that, the Chief Executive formulates and implements effective measures to ensure that the Council is not misled on such matters in the future.”[08 June 2015]  

The report of the Chief Executive was CONSIDERED.

A discussion took place.

The report of the Chief Executive was NOTED.

It was AGREED to take Item No. 7 in the name of Councillor B. Ward at this time.

It was proposed by Councillor B. Ward and seconded by Councillor V. Boyhan:

“That the Council resolves to put in place a parking scheme in the Bellevue, Dornden Park, Glenomena, Seafield, Trimleston and Woodbine areas, to operate between 9am and 6pm from Monday to Friday, whereby parking by residents, i.e. vehicles displaying a valid resident’s permit, will be unlimited, but non-resident parking, i.e. by vehicles that do not display a valid resident’s permit, will be allowed for a maximum of 3 hours only, during the period of operation of the scheme, and in order to implement the said scheme, the Council resolves, in exercise of the powers conferred on it by Part 19 of the Local Government Act 2001 and sections 36(2)(d), 36(4)(a), (c) and (d), and 36(5) respectively, to amend the Dún Laoghaire-Rathdown Council Parking Control Bye-Laws, 2007 by the insertion of the following new Part VI after bye-law 37, and to fulfil its obligations under section 36(3) of the Road Traffic Act 1994 (as amended) accordingly:

“Part VI

Special Parking Zones

Interpretation

Special parking zone

It was AGREED to open a Book of Condolence for all the victims of the tragedy in Berkeley, California.

It was AGREED to RE-ENTER Item No. 4, Item No. 20, Item No. 24 and Item No. 28 to the July meeting of the County Council.

The meeting concluded at 8.20 p.m.