Agenda and minutes

A vote of condolence was passed with the family of Ms. Annemarie O’Brien, her children Paris and baby A.J. and their cousins Jordan and Holly McGinn, R.I.P., all of whom died tragically on Wednesday, 8^th March, 2017 in Clondalkin.

A vote of condolence was passed with the family of Mr. Peter Matthews, R.I.P., former T.D. for the then Constituency of Dublin South.

A vote of condolence was passed with the family of Mr. Peter Dunne, R.I.P.

A vote of condolence was passed with the family of Mr. Willie Connor, R.I.P. a retired member of staff in Dún Laoghaire-Rathdown County Council.

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

“Pursuant to Section 140 of the Local Government Act, 2001 as amended by Section 52 of the Local Government Reform Act 2014 this Council directs the Chief Executive to implement all actions necessary to ensure the following motion, passed by a majority of councillors at the Council Meeting of April 2016, is resourced and implemented (submitted by Councillors M. Halpin, H. Lewis and D. O’Keeffe):

That this Council agrees to establish a HAP tenancy action team, that will be dedicated to recruiting landlords to HAP and establishing tenancies for families and individuals who are homeless or about to be homeless. The resourcing of this team should not have a detrimental impact on any other area of Council work and should involve recruitment if necessary.”

Ms. P. Poole, Chief Executive READ the following statement:

“This motion was before the Members in April 2016. It came from the floor and related to the Management Report. As with motions from the floor there is no time for me or the respective managers to properly consider the material. I believe that the Council is entitled to have considered responses from the Executive and indeed you are legally entitled to advice from us. With inadequate time given to the Executive the Council will often not have adequate information on which to form a view.

On this particular occasion I advised the Members that this proposal was contrary to the HAP Scheme and indeed that it dealt with the direction of staffing arrangements which is an executive matter and precluded from resolutions. I advised that it would not be implemented if passed.

I will now deal with the Section 140 itself.

Section 140 is a rarely used instrument. There have been many limitations placed upon it over the years and it is a long way from the use of Section 4’s under the previous 1955 Act. Section 140 in and of itself is used only in exceptional circumstances and is far from a usual occurrence and should be afforded careful consideration.

Close of business for normal Council business was 27^th February. This resolution was submitted late on Monday afternoon 6^th March – which is within the terms of the legislation – however gave virtually no time to consider it in terms of the agenda. It is a requirement that it is circulated to the Members as soon as possible regardless of whether it is valid. Having spent adequate time now considering it I am of the view that this is not a valid Notice of Motion.

In the first instance it is directing me to do something which is specifically precluded under the Housing Miscellaneous Provisions Act 2014 – i.e. that the household shall source the dwelling in respect of which it seeks housing assistance.

Secondly it is directing that something general rather than specific to a particular instance be done and that constitutes a policy matter which is therefore a matter for the Council and not an executive function. However the Council could  ...  view the full minutes text for item C/106

Minutes of County Council Meeting held on 13^th February, 2017

It was proposed by Councillor B. Saul, seconded by Councillor P. O’Brien and RESOLVED:

“That the minutes of the County Council meeting held on 13^th February 2017 be ADOPTED and APPROVED.”

It was proposed by Councillor P. Stewart, seconded by Councillor L. Dockery and RESOLVED:

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

It was AGREED to take the following Items for noting at this time: Item No. 4 (c), Item No. 19, Item No. 20 and Item No. 21.

Conference and Training Report Documents Submitted

The report of the Chief Executive was CONSIDERED and NOTED.

Chairperson’s Report from Social Housing Strategic Policy Committee held on 25^th January 2017

The report of the Chairperson of the Social Housing Strategic Policy Committee meeting held on 25^th January 2017 was CONSIDERED and NOTED.

The following item of correspondence received was CONSIDERED and NOTED:

The following item of correspondence issued on foot of a Council decision, copy of which had been circulated to the Members, was CONSIDERED and NOTED:

The following items of correspondence received were CONSIDERED and NOTED:

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

List of Conferences and Training Courses for Councillors

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor B. Saul, seconded by Councillor L. McCarthy 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:

The Peter Mc Verry Trust Empty Homes Conferences

It was proposed by Councillor J. Bailey, seconded by Councillor P. Hand and RESOLVED:

“That Dún Laoghaire – Rathdown County Council nominates Councillor Chris Curran to attend The Peter Mc Verry Trust, Empty Homes Conference, Croke Park Conference, Dublin, on the 9^th March 2017.”

Training:

AILG In Service Training

It was proposed by Councillor J. Bailey, seconded by Councillor P. Hand and RESOLVED:

“That Dún Laoghaire – Rathdown County Council nominates Councillor Kevin Daly to attend AILG In Service Training, Radisson Blu Hotel, Athlone, on the 16^th February 2017.”

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

The report of the Chief Executive was CONSIDERED.

Economic Development and Enterprise Strategic Policy Committee

It was proposed by Councillor M. Merrigan, seconded by Councillor L. Mc Govern and RESOLVED:

“That Ms. M. Hennessy replace Mr. T. Kivlehan on the Economic Development and Enterprise Strategic Policy Committee.”

Community Development, Culture and Ageing Strategic Policy Committee

It was proposed by Councillor M. Merrigan, seconded by Councillor L. McGovern and RESOLVED:

“That Ms. Selma Harrington replace Ms. Victoria White on the Community Development, Culture and Ageing Strategic Policy Committee.”

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor K. Furlong, seconded by Councillor J. Bailey and RESOLVED:

“That Councillor O. Smyth be appointed to the Dublin and Dún Laoghaire Education and Training Board.”

Brennanstown Road Traffic Management Scheme

The report of the Chief Executive was CONSIDERED.

An Cathaoirleach, Councillor C. Devlin advised the Members that the following motion was handed up from the floor:

Motion (1) from the floor:

It was proposed by Councillor O. Smyth and seconded by Councillor K. Furlong:

“That this Council write to the relevant landowners along Brennanstown Road and request that when designing the layout of their sites they include pedestrian and cycle facilities inside the roadside boundary wall, parallel with the Brennanstown Road, to provide an off road option for this section of the route, accessible to the public.”

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

It was AGREED to take motion (1) from the floor at this time.

Motion (1) from the floor:

It was proposed by Councillor O. Smyth and seconded by Councillor K. Furlong:

“That this Council write to the relevant landowners along Brennanstown Road and request that when designing the layout of their sites they include pedestrian and cycle facilities inside the roadside boundary wall, parallel with the Brennanstown Road, to provide an off road option for this section of the route, accessible to the public.”

A roll call vote on motion (1) from the floor was requested, the result of which was as follows:

An Cathaoirleach, Councillor C. Devlin declared motion (1) from the floor DEFEATED.

A roll call vote on the Brennanstown Road Traffic Management Scheme 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) was requested, the result of which was as follows:

An Cathaoirleach, Councillor C. Devlin declared the Brennanstown Road Traffic Management Scheme submitted in accordance with Part 8, Article 81 of the  ...  view the full minutes text for item C/144

Proposed Development of a new Crematorium and associated works at Shanganagh Cemetery, Shankill, Co. Dublin

The report of the Chief Executive was CONSIDERED.

Mr. B. Hannan, Senior Architect made a presentation on the proposed development of a new crematorium and associated works at Shanganagh Cemetery, Shankill.

A discussion took place.

An Cathaoirleach, Councillor C. Devlin advised the Members that the following motion (2) had been handed up from the floor.

Motion (2) from the floor:

It was proposed by Councillor C. Smyth and seconded by Councillors D. O’Callaghan, H. Lewis, S. O’Brien, J. Gildea, J. Cuffe and An Cathaoirleach, C. Devlin:

“That the Chief Executive review the parking a year after the new crematorium is operational.”

Motion (2) from the floor was AGREED.

It was proposed by Councillor L. McCarthy, seconded by Councillor M. Merrigan and RESOLVED:

“That the report of the Chief Executive be AGREED.”

Resignation of Mr. Richard Shakespeare, Director of Municipal Services

An Cathaoirleach, Councillor C. Devlin advised the Members that Mr. Richard Shakespeare, Director of Municipal Services was resigning from Dún Laoghaire-Rathdown County Council. An Cathaoirleach, the Group Leaders and Ms. P. Poole, Chief Executive congratulated Mr. Shakespeare on his new position and thanked him for his innovative contribution and commitment to Dún Laoghaire-Rathdown County Council.

The report of the Chief Executive was CONSIDERED.

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

It was proposed by Councillor P. Hand, seconded by Councillor S. Nic Cormaic and RESOLVED:

“To extend the life, by a further five years (i.e. up to April 2022), of the Goatstown Local Area Plan, 2010, in accordance with the provisions of Section 19 of the Planning & Development  Act, 2000, (as amended) which provides for the extension of the valid life of a Local Area Plan (LAP). The extension of the LAP is sought in order to provide Dun Laoghaire-Rathdown County Council, and all other relevant stakeholders, further time and opportunity to realise the strategic objectives of the LAP which, in light of the improving financial climate and economic sentiment, is both opportune and in accordance with the proper planning and sustainable development of the area.”

The report of the Chief Executive was CONSIDERED and NOTED.

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor D. Smith, seconded by Councillor J. Gildea and RESOLVED:

“That in accordance with Section 66 of the Local Government Act 2001, as amended by Section 43 of the Local Government Reform Act 2014, it is hereby resolved to formally approve the Business Support Scheme 2017 - 4% of Rates Bill for Eligible Ratepayers in accordance with the terms and conditions as outlined in the foregoing report.”

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor K. Feeney, seconded by Councillor B. Ward and RESOLVED:

“That in accordance with Section 66 of the Local Government Act 2001, as amended by Section 43 of the Local Government Reform Act 2014, it is hereby resolved to formally approve the Rates Vacant Property Assistance Scheme 2017 - 25% of Rates Bill on Eligible Vacant Properties in accordance with the terms and conditions as outlined in the foregoing report.”

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor B. Ward, seconded by Councillor L. McGovern and RESOLVED:

“That in accordance with Section 66 of the Local Government Act 2001, as amended by Section 43 of the Local Government Reform Act 2014, it is hereby resolved to formally approve the Occupation of Vacant Commercial Premises Incentive Scheme 2017 in accordance with the terms and conditions as outlined in the draft scheme”

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor B. Saul, seconded by Councillor C. McKinney and RESOLVED:

“That in accordance with 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 to 2011, and in accordance with the provision of the Local Government Act, 2001, the Council resolves to implement pay parking control at Foxrock Village Car Park, Foxrock.”

It was NOTED that Councillor D. Smith declared an interest and excused himself from the Council Chamber for the duration of the discussion and decision of Item 14: Draft Section 48 Development Contribution Scheme 2016 (Cherrywood SDZ).

The report of the Chief Executive was CONSIDERED.

Ms. A. Devine, Programme Manager, Cherrywood SDZ made a presentation on the Draft Section 48 Development Contribution Scheme 2016 (Cherrywood SDZ).

A discussion took place.

The report of the Chief Executive was NOTED.

It was NOTED that Councillor D. Smith, who had declared an interest and excused himself from the Council Chamber for the duration of the discussion and decision of the Draft Section 48 Development Contribution Scheme 2016 (Cherrywood SDZ) returned to the Chamber.

It was AGREED to take (a) Management Report for January 2017 and (b) Management Report for February 2017 together.

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

It was AGREED to check information on asbestos removal from the old Landfill Site in Bray and bring a report to a future meeting of the Dún Laoghaire Area Committee.

The Management Report for January 2017 was NOTED.

The Management Report for February 2017 was NOTED.

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Ms. M. Henchy, Director of Planning and Operational Innovation responded to members queries.

The report of the Chief Executive was NOTED.

It was NOTED that Councillor D. Smith declared an interest and excused himself from the Council Chamber for the duration of the discussion and decision of Item 17: Three Year Capital Programme 2017 to 2019.

The report of the Chief Executive was CONSIDERED.

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

An Cathaoirleach, Councillor C. Devlin advised the Members that the following three motions had been handed up from the floor:

Motion (3) from the floor:

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

“Pursuant to Section 139 of the Local Government Act 2001:

This Council direct the Chief Executive not to proceed with Item 3 of the Capital Expenditure Budget 2017 – 2019 (Badeschiff) and that the said amount of €1,300,000.00 shall be held in abeyance pending confirmation in writing that the other party is not in a position to fulfil their part thereof in matched funding and in the event that the other party is not in a position to fulfil its contractual obligations in respect of this development and will be re-allocated elsewhere.”

A discussion took place, during which Mr. F. Austin, Director of Infrastructure and Climate Change responded to Members queries.

Motion (3) from the floor was AGREED.

Motion (4) from the floor:

It was proposed by Councillor M. Merrigan and seconded by Councillors S. O’Brien, An Cathaoirleach, C. Devlin, J. Bailey, M. Halpin, A. Colgan and L. McGovern:

“That, in order that the Three Year Capital Programme 2017 – 2019 can be more readily aligned with the Specific Local Objectives (SLO) as set forth in the County Development Plan, 2016 – 2022, that the SLOs be clearly identified in the listing of works, for example, Item 49 – ‘Dún Laoghaire Central Public Realm’ with a total capital cost of €800,000 should include SLO 152, and that the listing will be amended to include the SLOs.”

A discussion took place, during which Mr. F. Austin, Director of Infrastructure and Climate Change responded to Members queries.

Motion (4) from the floor was AGREED.

Motion (5) from the floor:

It was proposed by Councillor M. Halpin and seconded by Councillor H. Lewis:

“That this Council agrees to remove €1.265m from Item 3 and put it into a fund for second phase of the Dún Laoghaire Baths project.”

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

An Cathaoirleach, Councillor C. Devlin ruled Motion (5) from the floor OUT OF ORDER.

It was proposed by Councillor K. Furlong, seconded by Councillor L. McGovern and RESOLVED:

“That the report of the Chief Executive be AGREED.”

It was NOTED that Councillor D. Smith, who had declared an interest and excused himself from the Council Chamber for the duration of the discussion and decision of the Three Year Capital Programme 2017 to 2019 returned to the Chamber.

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

“That this Council will ring-fence a fixed % (under advisement of the Finance Department) of local development levies collected from the Sandyford Glencullen Local Area towards the completion of Phase 2 of the Samuel Beckett Civic Campus.”[13 March 2017]

The report of the Chief Executive was NOTED.

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

“That this Council with carry out a review of the big belly bins and will begin providing signage on the bins to indicate the type of waste they are intended to collect and that they are not intended for the domestic waste.”[13 March 2017]

The report of the Chief Executive was NOTED.

The following motion was MOVED by Councillor F. Furlong WITHOUT DISCUSSION:

“That this Council, investigates designated poster areas instead of postering ad infinitum, as practiced by French, Italian & Japanese Local Authorities and reports back to the Councillor with a report on the same.  Further to the report presentation, where the Council see fit, the relevant SPC would consider designated poster areas in Dún Laoghaire-Rathdown and the role out of same.  The practice of postering has changed from the days of wall paper paste and cardboard backing being nailed to timber polls, today with modern plastics and cable ties we can see up to 30,000 posters go up over the County.  It is unsightly, dangerous to pedestrians/cyclist/road users, has caused actual injury and this does not include the environmental cost of posters and the cost of the Council of clearing up and removing illegal posters.  South Dublin County Council has now passed a similar motion and we should be among the first Councils in Ireland to lead the way in this type of environmental and fair system of candidate exposure.”[12 September 2016]

The report of the Chief Executive was NOTED.

It was AGREED to RE-ENTER Item No. 18, Item Nos. 22 to 25, Item Nos. 27 to 38, Item Nos. 40 to 56, Item No. 58 and Item No. 59 to the April meeting of the County Council.

The meeting concluded at 8.00 p.m.