Agenda

Initial Business

a)    Minutes of the Meeting of the County Council held on 11 September 2017

b)    Minutes of the Special Meeting of the County Council held on 25 September 2017

(circulated herewith)

Chief Executive’s Business for Decision (Reserved Functions)

Pursuant to the Landlord and Tenant (Ground Rents) (No.2) Act 1978

(already circulated)

(circulated herewith)

(circulated herewith)

(circulated herewith)

Section 11 of the Roads Act 1993 as amended by Section 180 of the Planning and Development Act 2000

 (circulated herewith)

(presentation at meeting)

Proposed Bracken Link Road Scheme.

(circulated herewith)

Chief Executive’s Business for Noting

[subject to a statutory deadline/of an urgent nature]

No business

Cathaoirleach's Business

(if any, to be circulated)

All other Chief Executive’s Business for Noting

(circulated herewith)

(circulated herewith)

(circulated herewith)

(circulated herewith)

a)    Letter received from the Department of Health dated 19 September 2017 acknowledging our letter concerning the Council of Europe Convention against Trafficking in Human Organs.

(circulated herewith)

a)     Letter dated 5 September 2017 issued to the Minister for Education and Skills detailing a resolution passed at the July County Council Meeting requesting the commencement of a Compulsory Purchase Order on the lands adjacent to the school at Clonkeen College.

(circulated herewith)

a)     Letter received from Offaly County Council dated 19 September 2017 detailing a motion passed requesting a complete overhaul of the Social Housing Programme.

(circulated herewith)

a)    Letter dated 15 September 2017 issued to Councillor Karen Furlong regarding her nomination to DCU Governing Authority

b)    Letter dated 15 September 2017 issued to Dr Declan Raftery, DCU regarding Councillor Karen Furlong’s nomination to DCU Governing Authority.

c)    Letter of condolence dated 22 September 2017 to The Breslin Family.

d)    Letter of condolence dated 22 September 2017 to The Hanafin Family.

(circulated herewith)

Reports from Area Committees and SPC's

“That this SPC acknowledges that emergency accommodation being offered to families who need to bring their children to schools in the county is wholly inadequate and calls on the Council to seek appropriate steps to reduce travel times and burdens for these families without cost to the families.  This approach should be taken in conjunction with DRHE and the Department of Housing.”

(circulated herewith)

Members Motions

“That Dún Laoghaire-Rathdown County Council, pursuant to Part 8 of the Local Government Act 2001, resolves to make a proposal to the Local Government Commission that the local authority boundary between Dún Laoghaire-Rathdown County Council and Dublin City Council should be altered in the following regard: that the entirety of Bellevue Park Avenue and Bellevue Copse, off Woodbine Road in Booterstown, Co. Dublin, currently in the administrative area of Dublin City Council, comes into the administrative area of Dún Laoghaire-Rathdown County Council.”[12 December 2016]

"That this Council approves as policy the introduction of a community benefit clause on all Council construction projects above an agreed threshold and a report is brought to the Council in Q2 2017 for adoption."[14 November 2016]

Background info to be included with motion

Community Benefit Clauses are now becoming more common in Ireland. Dublin City Council now has approved a policy of inserting Community Benefit Clauses in Procurement contracts for Capital Projects.

The new National Childrens Hospital has awarded its first initial tender for enabling works on the site in St James Hospital and this includes a Community Benefit Clause.

What can be achieved with this Clause:

Local employment projects / Local schools and university involvement / Local communities having an input and say.

“That this County Council agrees to offer its citizens the Passport for Leisure Discount Incentive Scheme for older persons without delay.”[13 March 2017]

"That this Council should examine methods to support the establishment of a new Dún Laoghaire-Rathdown Housing Vernacular (examining similar initiatives instigated by the Mayoral office of London in 2008-2010 as a template), in order to seek to enhance design optimization and coherency with respect to the aesthetics of new buildings within the County." [10 October 2016]

“That the Chief Executive initiates the procedures pursuant to Section 13 of the

Planning and Development Act 2000 to carry out a variation of the Development Plan as follows:

a) In Section 8.2.11.2 (iii) Development in Proximity to a Protected Structure,

delete the following sentences:

"Innovative design in accordance with international best practice is encouraged. Pastiche design should be avoided as it confuses the historical record of the existing building and diminishes its architectural integrity.  The term ‘pastiche’ is used to describe developments that are imitations of building styles resulting in work that is unoriginal and of little merit. One of the basic principles of conservation it that all interventions to the historic fabric should be handled ‘truthfully’ to make clear what is ‘original’, and what has changed in order to avoid producing a parody of facsimile of the past or pretending that something is what it is not (this is in line with International Charters)."

b) In Section 8.2.11.3 Architectural Conservation Areas (i) New Development within an ACA  delete the following sentences:

"All developments within an ACA should be site specific and take account of their context without imitating earlier styles. New developments should normally be ‘of their time’ and to the high standards of design with contemporary design encouraged. ‘Pastiche’ design should normally be avoided. "

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At present, the development plan insists on the use of modern architecture in conservation areas and near to protected structures but does not limit the choice of architectural styles in other areas.

The planning authority should not prescribe the artistic styles of architecture that are permissible.”  [8 May 2017]

“That this Council set out a vision for the future of Foxrock in light of the intensive development planned.”[3 July 2017]

“That this Council call on the office of An Taoiseach to establish an Oireachtas sub-committee tasked with developing a white paper on the issue of Irish re-unification in order to protect and enhance the rights of all citizens living on this island, North and South.”[3 July 2017][LETTER]

“That this Council agrees, in the interests of the welfare of children of the County, that families be housed in the area of the Children's school and to this end agrees to open up discussions with the Central Placement Services.”[8 February 2016]

 “That, this Council shall ensure that the constitutional recognition of the role of local government as provided for by Article 28A of Bunreacht na hÉireann pursuant to the ‘Twentieth Amendment of the Constitution Act, 1999’ and adopted by the People of our Republic by referendum, be prominently displayed on the Council’s website, be included in the preamble to all Council public policy reports, customer charters, mission statement and publications and that the text (in both official languages) of Article 28A (1) below, be prominently displayed in the publicly accessible areas at County Hall and the Council offices in Dundrum.”[10 October 2016]

Article 28A     Local Government

1.    The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities.

2.    There shall be such directly elected local authorities as may be determined   by law and their powers and functions shall, subject to the provisions of this Constitution, be so determined and shall be exercised and performed in accordance with law.

3.    Elections for members of such local authorities shall be held in accordance with law not later than the end of the fifth year after the year in which they were last held.

4.    Every citizen who has the right to vote at an election for members of Dáil Éireann and such other persons as may be determined by law shall have the right to vote at an election for members of such of the local authorities referred to in section 2 of this Article as shall be determined by law.

5.    Casual vacancies in the membership of local authorities referred to in section 2 of this Article shall be filled in accordance with law.

“That this Council will write a letter to the Minister for Health in support of cannabis for medicinal use.”[12 December 2016][LETTER]

“That this Council agrees that the rent measure introduced a number of years ago which sees FIS and disability allowance calculated for rental purposes be reversed in the budget in October and that the Corporate Policy Group discuss this at its pre budget meetings.”[4 July 2016]

“That this Council request the Chief Executive to initiate a review of the SPC structure in DLR, with a view to identifying the strengths and any limitations of the structure as it operates in Dún Laoghaire-Rathdown and the scope for strengthening/improving the operation of the policy advisory role of the SPCs; to request that all key stakeholders (staff, Councillors, PPN representatives and other representatives) would be fully engaged/consulted in such a review.”[13 February 2017]

“That this Council will write to an Taoiseach and the Minister for Justice and Equality, to request them to:

• Examine how the LGBT community were treated by the law in Ireland before the decriminalisation of homosexuality in 1993.

• Introduce legislation, if required, to pardon all those (both living and deceased) convicted of homosexual acts, that under today's legislation would not be deemed contrary to the law.”[10 April 2017][LETTER]

“That the Chief Executive ensures Council Tenants requiring works which are reasonably necessary for the purposes of rendering their homes more suitable for accommodating a person with a disability who has an enduring physical, sensory, mental health or intellectual impairment to include works such as downstairs toilet facilities, accessible showers etc. have their applications assessed as soon as received and works carried out immediately.” [10 April 2017]

“That this Council writes to the Minister for Health, Simon Harris to request that he immediately releases the vital funding needed for the 25,000 people per year in Ireland who suffer from neurological conditions.”[8 May 2017][LETTER]

“That the Chief Executive give a full report on the Harbour Company talks.” [11 September 2017]

“That this Council calls on the Chief Executive, in light of the fact that the government has signalled its intention to ratify the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in the very near future, to include funding in the 2018 budget to enable the Council to advance implementation of the UNCRPD in the county and to prepare a report for the November meeting of the Council setting out the following:

a)    The items for which the Council has direct responsibility in this regard and the status of our preparedness on each item,

b)    A list of other public bodies with whom this council has engaged with on this matter and the areas covered in these engagements,

c)     The measures taken to date, and those planned for in the near future, to ensure the participation and engagement by persons with disabilities and their representatives in local decision making structures and mechanisms” [11 September 2017]

“That this Council supports the use of the Single Yellow Line within residential estates as part of the suite of measures of parking enforcement in this County and asks that this motion is forwarded onto the Transportation & County Wide Movement Strategic Policy Committee (S.P.C.) for consideration in any future amendments to this Council's Parking Control Bye-Laws?”[10 April 2017]

“That this Council write to the Minister for the Environment and Local Government asking for legislation to be introduced that will restrict the height of leylandii in this Country.”[9 October 2017] [LETTER]

"That the Chief Executive provides the necessary funding for the provision of a swimming pool at the Samuel Beckett Civic Campus on the Ballyogan Road. If no funding is available, that top priority is given to this in the 2017-2018 capital fund or that we look at alternative funding as we did with the Dun Laoghaire Baths’'[9 October 2017]

“That this Council define what is meant by Architectural Conservation Area.”[3 July 2017]

“That this Council call for the phasing out of the current RAS scheme whereby when  a tenant(s) current contract has expired or will not  be renewed and that the council will seek to offer those tenant(s) an offer of long term social housing where possible.”[3 July 2017][LETTER]

“That the Council resolves to amend the County Development Plan to include the former boundary wall of the Carysfort estate, as it currently abuts Avoca Park and Wood and Grove Paddock in the list of protected structures within the County and that the relevant public consultation on this would be commenced.” [11 September 2017]

“That this Council agrees to:

•  Create a registry of all vacant homes, derelict sites, and land parcels regardless of their size that have been vacant for 5 years or more (retrospectively) in the administrative area

• To Engage and negotiate with property owners and to bring the property into control of the Council

• To apply for necessary resources to acquire, renovate or develop sites where required from central government.”[13 March 2017]

"That this Council calls on the Government to hold a referendum in the near future on a proposal to permit multi-option referendum (or 'preferendum') questions to be put to the people, to allow extra flexibility (and consequently more inclusive and comprehensive democratic consultation of citizens) in referendum questions beyond just the existing, binary 'Yes' or 'No' options given, and that this proposal be communicated in a letter to the Taoiseach and the Minister for Housing, Planning, Community and Local Government." [8 May 2017][LETTERS]

“That this Council having regard to the national and international consensus, grounded on overwhelming scientific evidence, of the need to stabilise greenhouse gas concentrations in the atmosphere at a level that prevents dangerous anthropogenic interference with the world’s climate system,

Mindful of the near universal consensus on the need for an international framework of agreements, under the United Nations Framework Convention on Climate Change, that adopts binding targets leading to a low carbon, climate resilient and environmentally sustainable world,

Welcoming the Paris Climate Agreement within the UNFCCC process as the world’s first comprehensive climate agreement, seeking: to reach global peaking of greenhouse gas emissions as soon as possible; to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels; to increase the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development, in a manner that does not threaten food production; and to make finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development,

Further welcoming the fact that the final wording of the Paris Agreement was adopted by consensus by all of the 195 UNFCCC participating member states and the European Union, that 175 Parties signed the agreement on the first date it was open for signature, that the Agreement entered into effect on 4 November 2016 and that, as of December 2016, 191 states and the European Union had signed the Agreement and 148 had by then ratified or acceded to it including China, the United States and India, the countries with three of the four largest greenhouse gas emissions of the signatories’ total,

Condemns as profoundly narrow-minded, retrogressive and regrettable the announcement of 1 June 2017 by US President Donald Trump that the United States will withdraw from this agreement.”[3 July 2017]

“That this Council calls on the Chief Executive to include funding in the 2018 budget to make 3D printing, design and robotics instruction available at the Lexicon” [11 September 2017]

“That this Council supports the recent strike by Tesco workers and support their industrial struggle, we call on Tesco to meet their full demands and congratulates the workers for having the confidence and determination to force Tesco management to stop taking unilateral measures and enter into negotiations” [9 October 2017]

“That this Council examines as a matter of urgency the new regulations governing Councillors’ input into planning decisions by An Bord Pleanala in relation to developments of 100 units or more that go directly to An Bord Pleanala and that this Council with the assistance of the Planning Department agree on the approach to be taken by Councillors jointly to commenting on such planning applications.”[9 October 2017]

“That this Council agrees to amend the Parking Control Bye Laws:

Part III Parking Permits for Residents
Item 17.

Number of parking permits to be issued
In any one year, the Council shall, on application by a resident, issue one parking permit per resident’s car within its own pay parking area, subject to production of acceptable evidence by the resident up to an upper limit of four residents parking permits per dwelling.
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AMEND TO: ….subject to production of acceptable evidence by the resident concerning the availability or non-availability of off street parking to an upper limit of one residents parking permit per dwelling where there is off street parking available to the resident and two where there is no off street parking available.”[9 October 2017]

“That this Council endorses the recommendations of the Citizen's assembly with regards to the Eighth Amendment and calls on the government to legislate in line with these recommendations as a minimum.”[9 October 2017][LETTER]

“That this Council calls on the Chief Executive to review the requirement of couples to be married before joint tenancy will be granted.”[9 October 2017]

“That this Council calls on the Chief Executive to include funding in the 2018 budget to enable the Council to carry out a feasibility study on the implementation of a smart parking system in Dun Laoghaire.”[9 October 2017]

“That this Council agrees to draw up a comprehensive plan, which will be completed by end of January 2018, to provide secure, permanent social housing for all of those on the Housing list over the next 5 years through the maximum utilisation of publicly owned land, the acquisitions programme and achieving the maximum possible proportion of social and affordable housing from all private residential development.”[9 October 2017]

“To ask the Chief Executive to provide a report on the following:

The number of housing units procured through Part V on the basis of leasing arrangements since the introduction of the leasing option in 2015

The range of leasing charges on these units per size of unit

The management fees paid on these leases

The total number of Part v units other than on a leasing basis in the same period?”

“To ask the Chief Executive to write to all the Approved Housing Bodies operating in the county to ask them :

- the number of housing units under their control.

- the amount broken out by type (bedrooms number).

- the average number of people residing in each dwelling?”

“To ask the Chief Executive to please review the HAPs application forms and ensure that the documentation is accurate and doesn't refer to any other Council. The current documentation is confusing as it refers to Limerick County Council?”

“To ask the Chief Executive to give a report into the possibility of converting attic space in houses owned by the Council, into additional bedrooms?”

“To ask the Chief Executive to arrange for the installation of rainbow coloured lighting on the facade of County Hall, Marine Road, Dún Laoghaire, during Pride week 2018?”

“To ask the Chief Executive what the road works are for and when will the traffic cones around this site be removed? This obstacle (which is located at the bottom of Cornelscourt Hill Road next to the bus stop near the entrance to the Kerrymount estate) has been in place for nearly a year now with no sign of it being moved and it is a danger to both cyclists and motorists?”

“To ask the Chief Executive to outline the plans for the Council Land at Cherrywood?”

“To ask the Chief Executive to provide a table of all land for residential development in Cherrywood with details of ownership and projected number of houses that will be built on each site?”

“To ask the Chief Executive to give details of any negotiations with NAMA with regards to the site they own at Cherrywood?”

“To ask the Chief Executive to report on her discussions with the Dún Laoghaire Harbour Company in the light of the motion passed by this Council with regards to the Badeshciff Project?”

“To ask the Chief Executive to report on the Risk Assessment being carried out into Dún Laoghaire Harbour Company?”

“To ask the Chief Executive for a list of Architectural Conservation Areas (ACAs) and candidate ACAs within the county, with a brief summary of the boundaries applying for each of these?"

“To ask the Chief Executive to provide assurances that in the recent reallocation of functions and responsibilities amongst the Directors of Service that, on the grounds of potential conflict of interest, no consideration whatsoever is being afforded to the appointment of the Council’s Director of Service for Finance and Economic Development to the Board of Directors of  BID DL Company Limited by Guarantee (CRO Reg. 533339) trading as ‘Dún Laoghaire BID’ (CRO Reg. 565513)?”

“To ask the Chief Executive to circulate copies of the latest Audited Annual Accounts of the BID DL Company Limited (Period Ending: 31 March 2017 / CRO ARD: 27 September 2017) to Members?”

“To ask the Chief Executive to provide details of the following, in tabular format, (1) List of all protected structures in Council ownership; (2) Location of each; (3) Reference on Register of Protected Structures; (4) Current use, if any; (5) Nature of Tenure, if occupied; (6) Approximate date of construction; (7) Current state of repair; (8) Maintenance arrangements, if any; (9) Date of last inspection, if any and (10) Planned future use, if any?”

“To ask the Chief Executive, in respect of the granting of commercial leases of five, ten and or more years duration by Dún Laoghaire Harbour Company for the use of buildings within the Harbour area and the likelihood that this Council will be encumbered with such leases following the transfer of the governance of Dún Laoghaire Harbour to this Council under the Harbours Act, 2015, has this potentially very serious issue been raised by the Council with the Department and, if so, what measures, if any, are envisaged by the Minister for Transport, Tourism and Sport, Mr. Shane Ross, TD, to avoid a potentially huge financial burden arising from such being placed upon the Local Property Tax payers and/or Commercial Rate payers of this County?”

“To ask the Chief Executive to outline what measures, if any, are in place to ensure that no actual or potential conflicts of interest can arise through the amalgamation of the duties and responsibilities of the Director of Service for Finance (financial administration, risk management, budgetary oversight, commercial rates and Local Property Tax collection, debt collection and general accounts) with those of the Director of Service for Economic Development (business supports, grants, local enterprise, business improvement districts schemes, etc.) and to state whether the Audit Committee or the Local Government Auditor were consulted on the creation of the new position of Director of Service for Finance and Economic Development?”

“To ask the Chief Executive to provide an update regarding the construction of all-weather playing facilities as allocated for in the capital budget?”

“To ask the Chief Executive has any correspondence has been received in relation to the motion passed seeking confirmation that the Dún Laoghaire Harbour Company is in a financial position to fulfil its funding obligation with respect to the badeschiff project?”

“To ask the Chief Executive to provide members with the total number of people presenting as homeless for each month this year and to ask the Chief Executive can a breakdown be given as to why or how these people have become homeless?”

“To ask the Chief Executive to report on the review of the County Play Policy?”

“To ask the Chief Executive to carry out a feasibility study in developing a running track and athletic facility in the County?”

“To ask the Chief Executive to provide child friendly litter pickers and bags to residential groups and environmental groups for their clean ups?”