Agenda and minutes

An Cathaoirleach, Councillor T. Murphy acknowledged the 16^th anniversary of 9/11, and expressed sympathy will all victims of terrorism.

Minutes of County Council Meeting held on 3^rd July 2017

It was proposed by Councillor L. McCarthy, seconded by Councillor C. Devlin and RESOLVED:

“That the minutes of the County Council meeting held on 3^rd July 2017 be ADOPTED and APPROVED.”

It was proposed by Councillor D. O’Callaghan, seconded by Councillor S. Nic Cormaic and RESOLVED:

“That pursuant to Standing Order No. 13 (c) question numbers A.1 to A.29 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 P. Hand 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.

National Tourism Conference

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

 “That Dún Laoghaire – Rathdown County Council nominates Councillor Kevin Daly and Councillor Pat Hand to attend the ‘National Tourism Conference’, ‘Kerry County Council, Listowel, County Kerry’ held on the  5^th & 6^th September 2017.”

The report of the Chief Executive was CONSIDERED and NOTED.

Disposal of Fee Simple Interest pursuant to the Landlord and Tenant (Ground Rents) (No. 2) Act 1978

The proposed disposal was CONSIDERED.

It was proposed by Councillor D. O’Callaghan, seconded by Councillor M. Merrigan and RESOLVED:

“That the proposed disposal of fee simple interest as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

The report of the Chief Executive was CONSIDERED.

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

“That Councillor H. Lewis be nominated for appointment to the Governing Authority of DCU.”

Councillor H. Lewis advised that he could not accept the nomination.

It was proposed by Councillor S. Nic Cormaic, seconded by Councillor O. Smyth and RESOLVED:

“That Councillor K. Furong be nominated for appointment to the Governing Authority of UCD.”

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor M. Baker, seconded by Councillor S. Nic Cormaic and RESOLVED:

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

Proposed Development of Fernhill Park and Gardens, Stepaside, Co. Dublin with Works within the Curtilage of the Protected Structure (Fernhill House)

The report of the Chief Executive was CONSIDERED.

Mr. R. O’Dulaing, Senior Parks Superintendent made a presentation on the proposed development of Fernhill Park and Gardens, Stepaside, Co. Dublin with works within the curtilage of the protected structure (Fernhill House).

A discussion took place, during which Mr. R. O’Dulaing responded to Members queries.

It was proposed by Councillor L. McCarthy, seconded by Councillor C. Smyth and RESOLVED:

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

Enniskerry Road/Glenamuck Road Junction Upgrade

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor L. McCarthy, seconded by Councillor C. Curran and RESOLVED:

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

Motions Handed Up from the Floor

A discussion took place on the order of motions handed up from the floor, during which Mr. T. McHugh responded to Members’ queries.

It was AGREED to continue with the agenda and deal with the motions from the floor relating to specific items when those items are reached.

It was AGREED to take Item 66 in conjunction with Item 9.

The report of the Chief Executive was CONSIDERED.

An Cathaoirleach, Councillor T. Murphy advised the Members that the following 3 motions were handed up from the floor:

Motion (2) from the floor:

It was proposed by Councillor C. Smyth and seconded by Councillors P. O’Brien, D. O’Callaghan, G. Tallon and L. McCarthy:

“Motion to vary the basic rate of Local Property Tax.

That this Council determine, in accordance of the provisions of Section 20 of the Finance (Local Property Tax) Act 2012 (as amended), that the basic rate of local property tax should stand varied downwards by 10 per cent for 2018 in respect of relevant residential properties situated in the administrative area of Dún Laoghaire-Rathdown County Council.”

Motion (5) from the floor:

It was proposed by Councillor H. Lewis and seconded by Councillor M. Halpin, D. O’Keeffe, M. Merrigan and A. Colgan:

“That this Council agrees to vary the Local Property Tax rate downwards by the maximum of 15% for 2018.”

Motion (7) from the floor:

“It was proposed by Councillor S. Brennan and seconded by Councillors T. Murphy, D. Smith, C. Devlin and L. Dockery:

“That this Council reduces the Local Property Tax by 15% in the 2018 Budget.”

A discussion took place, during which Ms. P. Poole, Chief Executive and Ms. H. Cunningham, Director of Finance and Risk Management responded to Members queries.

It was AGREED to take Item No. 66 and the motions from the floor at this time.

Item No. 66

It was proposed by Councillor J. Bailey and seconded by Councillor M. Baker:

“That this Council reduces the Local Property Tax by 15% in the 2018 Budget.”

Motion (2) from the floor:

It was proposed by Councillor C. Smyth and seconded by Councillors P. O’Brien, D. O’Callaghan, G. Tallon and L. McCarthy:

“Motion to vary the basic rate of Local Property Tax.

That this Council determine, in accordance of the provisions of Section 20 of the Finance (Local Property Tax) Act 2012 (as amended), that the basic rate of local property tax should stand varied downwards by 10 per cent for 2018 in respect of relevant residential properties situated in the administrative area of Dún Laoghaire-Rathdown County Council.”

Motion (5) from the floor:

It was proposed by Councillor H. Lewis and seconded by Councillor M. Halpin, D. O’Keeffe, M. Merrigan and A. Colgan:

“That this Council agrees to vary the Local Property Tax rate downwards by the maximum of 15% for 2018.”

Motion (7) from the floor:

“It was proposed by Councillor S. Brennan and seconded by Councillors T. Murphy, D. Smith, C. Devlin and L. Dockery:

“That this Council reduces the Local Property Tax by 15% in the 2018 Budget.”

A discussion took place, it was AGREED to take Item No. 66 and motions (5) and (7) from the floor together.

A roll call vote on Item No. 66, motion (5) from the floor and motion (7) from the floor was requested, the result of which was as follows:

An Cathaoirleach, Councillor T, Murphy declared Item No. 66, motion (5) from the floor and motion (7) from the floor CARRIED.

Motion (2) from the floor FELL.

Suspension of Standing Orders

An Cathaoirleach, Councillor T. Murphy advised the Members, that the following motion (1) was handed up from the floor:

It was proposed by Councillor L. McGovern and seconded by Councillors J. Bailey, M. Merrigan, P. Hand and A. Colgan:

“Motion to suspend standing Orders and to request this Council to provide necessary funding for the provision of a swimming pool at the Samuel Beckett Civic Campus on the Ballyogan Road. If no funding is available in this years fund, that top priority is given to this in the 2017 – 2018 Capital fund or that we look at alternative funding like we did with the Dún Laoghaire Baths.”

A show of hands vote on the request to suspend standing orders was called, the result of which was as follows:

FOR:               8

AGAINST:      22

An Cathaoirleach, Councillor T. Murphy declared the request to suspend standing orders DEFEATED.

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor M. Merrigan, seconded by Councillor J. Bailey and RESOLVED:

“It is hereby resolved to approve the continuation of the overdraft facilities for the period 1^st January, 2018 to 31st December, 2018 subject to a maximum of €5.5m, in accordance with Section 106 of the Local Government Act 2001 subject to the sanction of the Minister for Housing, Planning and Local Government.”

It was AGREED to consider taking Item No. 16 at 7.15 p.m. if the item had not been reached before then.

Quality Label for Accessible Tourism through ENAT (European Network for Accessible Tourism)

It was proposed by An Cathaoirleach, Councillor T. Murphy:

“That this Council explore achieving the Quality Label for Accessible Tourism through ENAT (European Network for Accessible Tourism) in conjunction with Failte Ireland and the Tourism Providers of the County.”

The report of the Chief Executive was CONSIDERED.

A discussion took place.

The motion was AGREED.

The report of the Chief Executive was CONSIDERED.

An Cathaoirleach, Councillor T. Murphy advised the Members that the following motion (6) was handed up from the floor:

Motion (6) from the floor:

It was proposed by Councillor M. Merrigan and seconded by Councillors J. Bailey, S. O’Brien, A. Colgan, L. McGovern, D. O’Keeffe, C. Smyth, K. Daly and C. Curran:

“That the Members write to the Minister requesting that Section 13 of the Planning and Development Act 2000 (as amended) be amended to make the initiation of a variation to the County Development Plan a reserved function, and that the Act is also amended to ensure that such a variation would not expose the Council to financial liabilities either by way of damages or compensation.”

Motion (6) from the floor was AGREED.

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

“That this Council discuss an urgent matter of public interest regarding St. Joseph’s College, Clonkeen, Blackrock in the matter of the proposed sale of the existing playing fields and sporting facilities and hereby request the Chief Executive to commence the process to provide for a variation to the County Development Plan 2016-2022 to rezone the lands at Clonkeen College.

Please see attached map. The area referenced is the hatched area.

That this Council commence the variation of the County Development Plan 2016 – 2022 as follows. Amend Map 7, land at Clonkeen College from Objective A to Objective F.

Reason 

This variation on the County Development Plan 2016-2022 will provide playing fields for the use of the school into the future.”

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 No. 13: Local Infrastructure Housing Activation Fund (LIHAF) Progress Report.

The report of the Chief Executive was CONSIDERED.

An Cathaoirleach, Councillor T, Murphy advised the Members that the following motion (8) was handed up from the floor:

It was proposed by Councillor A. Colgan and seconded by Councillors M. Merrigan, S. O’Brien, L. McGovern, M. Halpin and D. O’Keeffe:

“Motion Securing Affordable Housing on LIHAF Sites in Dún Laoghaire-Rathdown

The clear stated intent the LIHAF provision, as contained within the Departmental Circular (PL 10/2016), is that LIHAF funding will, as a condition of that funding, yield affordable housing, and will prevent a situation where housing would be uneconomic for the majority of purchasers or renters, having regard to affordability criteria.

The Department Circular also highlights the intention that the LIHAF funding would have regards to a key government policy – the delivery of sustainable, integrated communities.

…the Department is determined that the €200 million Infrastructure Fund will…create attractive places to live at affordable prices

The Department later revised this Circular to provide that the condition could be met through a ‘verifiable cost reduction’ dimension on the units at point of sale. It is now clear that the ‘affordability dimension’ through a cost reduction mechanism cannot deliver anything close to the policy intent of the LIHAF funding.

In the light of the policy imperative for affordable homes and sustainable, integrated, communities in these major housing developments in receipt of LIHAF funding, this Council requests the Minister for Housing, Planning and Local Government to make the necessary arrangements to support and facilitate the Council Executive to secure 10% of sites in LIHAF areas in return for LIHAF funding, which can be used by the Council for affordable housing. These sites to be transferred to the Council within a stated and tight timeframe. These sites to be over and above Part V Social Housing.

This option offers the best means of ensuring provision of affordable housing on these sites by offering certainty, and a guaranteed price level under the control of the Council.”

A discussion took place, during which Ms. P. Poole, Chief Executive and Ms. A. Devine, Director of Forward Planning Infrastructure responded to Members’ queries.

It was AGREED to EXTEND the meeting to the conclusion of Item No. 16: Management Reports.

The report of the Chief Executive was NOTED.

Motion (8) from the floor was AGREED. It was also NOTED that Motion (8) from the floor had cross-party agreement.

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 No. 13: Local Infrastructure Housing Activation Fund (LIHAF) Progress Report returned to the Chamber.

The report of the Chief Executive was CONSIDERED and NOTED.

The report of the Chairperson of DLR Properties Ltd Board was CONSIDERED and NOTED.

It was AGREED to take Item Nos. 17, 18 and 19 ahead of Item No. 16.

The report of the Chairperson of the Environment, Climate Change and Energy SPC meeting held on 15^th June 2017 was CONSIDERED and NOTED.

The report of the Chairperson of the Transportation and County Wide Movement SPC meeting held on 14^th March 2017 was CONSIDERED and NOTED.

The report of the Chairperson of the Transportation and County Wide Movement SPC meeting held on 13^th June 2017 was CONSIDERED and NOTED.

The report of the Chairperson of the Community Development and Ageing SPC meeting held on 21^st June 2017 was CONSIDERED and NOTED.

The report of the Chairperson of the Economic Development and Enterprise SPC meeting held on 22^nd June 2017 was CONSIDERED and NOTED.

The report of the Chairperson of the Social Housing SPC meeting held on 26^th June 2017 was CONSIDERED and NOTED.

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

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

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

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

The Management Report for July 2017 was CONSIDERED and NOTED.

The Management Report for August 2017 was CONSIDERED.

An Cathaoirleach, Councillor T. Murphy advised the Members that the following two motions had been handed up from the floor:

Motion (3) from the floor:

It was proposed by Councillor J. Bailey and seconded by Councillors S. O’Brien, M. Merrigan, M. Baker, S. Brennan, A. Colgan, L. McGovern, P. Hand, K. Daly, S. O’Neill, J. Kennedy, E. Blain, C. Smyth, M. Fayne, J. Gildea, B. Saul, B. Murphy:

“That this Council, in accordance with the Chief Executive’s Report (document pack page 205) as follows:

Affordable Housing

While a detailed Housing report is normally contained within the quarterly report a Submission was received from a Cross-Party Group of Councillors for the Council lands at Shanganagh proposing a social and affordable, including rent to buy, housing plan for the lands. This is now being actively considered as part of the examination of the lands and a stress test on the proposal and other options will be available shortly before plans are advanced on the land holdings. The provision of social and affordable housing on these lands remain a priority and work with the Elected Members will continue in the very near future to expedite delivery and bring forward a full proposal for consideration.

That the “Cross-Chamber” proposal, copy attached, be adopted as a framework for the delivery of Social and Affordable homes on the Shanganagh lands and that a detailed report, including delivery, timelines and milestones, be prepared by the Executive following a workshop of all Ward Councillors, Group Leaders and the Executive to be held on Monday, 18^th September 2017, in order that a comprehensive and detailed report be ready for presentation to the October 2017 meeting of this Council for consideration by the Elected Members with a view to expediting the delivery of these much-needed homes for our County.”

SHANGANAGH URBAN VILLAGE COOPERATIVE HOUSING DEVELOPMENT

Co-Sponsored “Cross Chamber” Proposal

It was AGREED to hold a Special Meeting of the County Council on Monday, 25th September 2017 from 6.00 p.m. to 8.30 p.m. It was also AGREED that the Dundrum area Committee meeting on 25^th September would be held in County Hall and that both Area Committees would be held from 4.00 p.m. to 5.30 p.m. to facilitate the holding of the Special County Council meeting.

It was AGREED to RE-ENTER Item No. 20 to the October County Council meeting. It was also AGREED to RE-ENTER Item Nos. 21 to 39, Item Nos. 41 to 65 and Item No. 67 to the Special Meeting of the County Council to be held on 25^th September 2017.

The meeting concluded at 8.35 p.m.