Agenda and minutes

Motion of Sympathy:

An Cathaoirleach asked that the Council stand for a minutes silence to mark the passing of Councillor M. Merrigan’s mother, Joan, in December.

The motion was AGREED.

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

Minutes of County Council Meeting held on 12^th December 2016

It was proposed by Councillor L. McCarthy and seconded by Councillor P. Hand:

“That the minutes of the County Council Meeting held on 12^th December 2016 be ADOPTED and APPROVED.”

It was AGREED to WITHDRAW question no. A.17 in the name of Councillor S. Nic Cormaic from the agenda.

It was proposed by Councillor J. Bailey, seconded by Councillor J. Cuffe and CONSIDERED:

“That pursuant to Standing Order No. 13 (c) question numbers A.1 to A.16 and A.18 to A.25 be ADOPTED and APPROVED.”

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 T. Murphy 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.”

Approval of Nominations for Conferences and Training Courses

The report of the Chief Executive was CONSIDERED.

CONFERENCES:

It was proposed by Councillor P. Hand and seconded by Councillor D. Kingston and RESOLVED:

Brexit – The Economic consequences for Ireland

“That Dún Laoghaire – Rathdown County Council approves the attendance by members at the meeting of ‘Brexit – The Economic consequences for Ireland’ from 9^th-11^th December 2016, in The Four Seasons, Carlingford, Co. Louth."

The report of the Chief Executive was CONSIDERED and NOTED.

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

The report of the Chief Executive was CONSIDERED.

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

The report of the Chief Executive was NOTED.

It was AGREED to take motion No. 12 from Councillor M. Halpin and motion No. 23 from Councillors D. Kingston and D. O’Callaghan with this Item, as follows:

Motion No. 12 - 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.”[14 September 2015]

Motion No. 23 - Councillors D. Kingston and D. O’Callaghan:

“That the Chief Executive gives a progress report on the proposed transfer of Dún Laoghaire Harbour to the Council and includes the following;

(a)   Update on the Due Diligence Report and its current status

(b)   Update on any recent meetings with the relevant Minister, Departments and the outcomes from them

(c)   Update on any recent meetings with the Chief Executive Officer of the Dún Laoghaire Harbour Company, and the outcomes from them

(d)   Update on the planning application for a cruise berth currently with An Board Pleanala.”[14 November 2016]

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Ms. P. Poole, Chief Executive and Mr. F. Austin, Director of Infrastructure and Climate Change responded to Members’ queries.

Motion Nos. 12 and 23 were AGREED and the report of the Chief Executive was AGREED.

It was AGREED to take the motions from the floor at this time.

Motion (1) from the floor:

It was proposed by Councillor M. Halpin and seconded by Councillors D. O’Keeffe and H. Lewis:

“That this Council agrees the Due Diligence into DLHC highlights the need to quickly resolve the issue of governance of Dún Laoghaire Harbour and to develop a strategic plan that will protect and enhance the harbour as a public amenity and further resolves that any risk assessment that is needed should be carried out as quickly as possible and a special meeting to discuss the report should happen before the end of March 2017”.

Amended Motion (1) from the floor:

It was proposed by Councillor M. Halpin and seconded by Councillors D. O’Keeffe and H. Lewis:

“To amend the motion:

To read:

“That this Council agrees the Due Diligence into DLHC highlights the need to quickly resolve the issue of governance of Dún Laoghaire Harbour and to develop a strategic plan that will protect and enhance the harbour as a public amenity and further resolves that a thorough risk assessment that is needed should be carried out as quickly as possible and a special meeting to discuss the report should happen as soon as it is competed and that updates on this are brought to March and April meetings”.

Amended motion (1) from the floor was AGREED.

Motion (2) from the floor:

It was proposed by Councillor M. Halpin and seconded by Councillors D. O’Keeffe and H. Lewis:

“That this Council agrees to write to the Minister for Transport and request that he:

(a)  Write to the Dun Laoghaire Harbour Company and request that the Company cooperates  ...  view the full minutes text for item C/34

The report of the Chairperson of the Environment, Climate Change and Energy Strategic Policy Committee meeting held on 23^rd November 2016 was CONSIDERED and NOTED.

The report of the Chairperson of the Community Development, Culture and Ageing Strategic Policy Committee meeting held on 29^th November 2016 was CONSIDERED and NOTED.

The report of the Chairperson of the Social Housing Strategic Policy Committee meeting held on 30^th November 2016 was CONSIDERED and NOTED.

The report of the Chairperson of the Planning Strategic Policy Committee meeting held on 1^st December 2016 was CONSIDERED and NOTED.

The report of the Chairperson of the Economic Development and Enterprise Strategic Policy Committee meeting held on 7^th December 2016 was CONSIDERED and NOTED.

Correspondence Received

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

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

“a)      Letter issued to An Táinaiste, Minister for Justice and Equality, Frances Fitzgerald, dated 13 December 2016 detailing a resolution passed asking that recognition for Deaf-Blindness as its own disability and asking for the adoption of the EU Convention on Deaf Blindness.

b)         Letter issued to Minister for Health, Simon Harris, dated 13 December 2016 detailing a resolution passed asking that recognition for Deaf-Blindness as its own disability and asking for the adoption of the EU Convention on Deaf Blindness.

c)         Letter issued to Minister for Education and Skills, Richard Bruton, dated 13 December 2016 detailing a resolution passed calling on the Minister to eliminate the ability of schools to discriminate on religious grounds and to give children equal access to their local school, regardless of their religious beliefs.”

The following item was CONSIDERED and NOTED:

“Copy of a letter sent from Clare County Council to Kerry County Council dated 13 December 2016 advising that the following resolution was passed at its December 2016 County Council meeting:

In light of the Local Government Reform Act 2014 which envisaged increased participation by elected Councillors in the formulation and delivery of public services, that the AILG and LAMA seek both ministerial and legal clarification on the operation of the Data Protection Acts whereby Councillors are inhibited from the proper discharge of their responsibility in accordance with their mandate.”

It was AGREED to take motion (3) from the floor at this time.

Motion (3) from the floor:

It was proposed by Councillor M. Merrigan and seconded by Councillors S. O’Brien, J. Bailey, B. Ward and J. Gildea:

“That, this Council endorses the [above] resolution adopted by our colleagues on Clare County Council last month

In light of the Local Government Reform Act 2014 which envisaged increased participation by elected Councillors in the formulation and delivery of public services, that the AILG and LAMA seek both ministerial and legal clarification on the operation of the Data Protection Acts whereby Councillors are inhibited from the proper discharge of their responsibility in accordance with their mandate.

and that such be communicated in writing to Cllr. Bobby O’Connell, Secretary, LAMA, c/o Kerry County Council, County Buildings, Rathass, Tralee, Co. Kerry V92 H7VT and to the Cathaoirleach of Clare County Council.”

Following a brief discussion Motion (3) from the floor was AGREED.

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

“a)      Letter issued to Councillor Barry Saul dated 13 December 2016 advising him of his nomination to the Board of the Sandyford BID Company Limited at the County Council meeting on 14 November 2016.

b)       Letter issued to the Chairperson of the Sandyford BID Company Limited, Sheila Moore, dated 13 December 2016 advising her of Councillor Barry Saul’s nomination to the Board of the Sandyford BID Company Limited at the County Council meeting on 14 November 2016.

c)       Letter issued to the Christy McCann, Chief Scout, Scouting Ireland that a vote of congratulations was passed at the County Council meeting on 17 November 2016 to the staff and volunteers of Scouting Ireland on its successful “Refugee Access” programme.

d)       Letter issued to Iarnród Éireann dated 13 December 2016 that a resolution was passed to request this organisation to update its message in relation the Ferry Service at Dún Laoghaire DART Station as the service is longer in operation.

It was AGREED to RE-ENTER Item Nos. 13 to 22 and Item Nos. 24 to 45 to the February meeting of the County Council.

The meeting concluded at 8.15 p.m.