Headed Items
CONFIRMATION AND RE-AFFIRMATION OF MINUTES
Minutes of Meeting of South Dublin County Council, 13th October 2014
(circulated herewith)
REPORTS OF AREA COMMITTEES
a) Rathfarnham /Templeogue-Terenure Area Committee - 14th October 2014
- Dealing with Public Realm, Water & Drainage, Housing, Community (1 report - Community Grants), Planning, Transportation, Economic Development, Libraries & Arts, Corporate Support, Performance & Change Management
(circulated herewith)
b) Clondalkin Area Committee -15th October 2014
- Dealing with Public Realm, Water & Drainage, Housing, Community, Planning, Transportation, Economic Development, Libraries & Arts, Corporate Support, Performance & Change Management
(no report)
c) Tallaght Area Committee - 21st October 2014
- Dealing with Public Realm, Water & Drainage, Housing, Community (1 report - Community Grants), Planning, Transportation, Economic Development, Libraries & Arts (1 report - Arts Grants), Corporate Support, Performance & Change Management (1 report - An Bord Altranais)
(circulated herewith)
d) Lucan Area Committee - 28th October 2014
- Dealing with Public Realm, Water & Drainage, Housing, Community, Planning, Transportation, Economic Development, Libraries & Arts (1 report - Arts Grant), Corporate Support, Performance & Change Management
(circulated herewith)
STANDING COMMITTEES - ORGANISATION, PROCEDURE & FINANCE COMMITTEE
(H3 no reports)
STRATEGIC POLICY COMMITTEES
(H4 no reports)
REPORT OF OCTOBER JOINT POLICING COMMITTEE MEETING
(circulated herewith)
REPORTS REQUESTED BY AREA COMMITTEES
(H6 no reports)
Questions
To ask the Chief Executive what concrete plans are being considered to provide an age friendly county for our senior citizens with regards to housing?
To ask the Chief Executive for exact figures of the "financial windfall" that this county is to receive and when will elected members will be involved in deciding its allocation?
To ask the Chief Executive, further to my question to the October meeting, if any reviews have been undertaken of parks (including entrances) without litter bins and if any new bins are to be installed, particularly in light of the decision of the Council to install signs at some of these parks urging dog-owners to dispose of dog litter in bins?
To ask the Chief Executive to explain why there are significant delays in responding to Councillor representations via the Members' Reps system; to state the expected time by which Councillors are entitled to a full response to the queries they raise on behalf of the public; to state if delays will be explained to Councillors; and to make a statement on the matter.
Does the Chief Executive have any figures, actual or estimated, as to the annual value of tourism is to the county over the last few years?
To ask the Chief Executive to detail the number of fines, if any, issued for the placement of illegal signage in the County?
To ask the Chief Executive to confirm details of any plans in place to deal with the effects of any bad weather events which occur during this winter period?
To ask the Chief Executive to furnish a report detailing Fire services available throughout South Dublin County and will he detail any discussions he has had regarding the further development of those services?
To ask the Chief Executive to report to the Council on any contacts he has had with the Department of Environment and Local Government regarding the recent announcement by Government that funding is to be made available for social housing and will he also confirm if he is working on plans to respond to such funding?
To ask the Chief Executive to report on the completion on the new Voting Register for next year and to detail actions taken to ensure the accuracy of the register?
To ask the Chief Executive to report to the Council on his plans to spend the cash windfall of approx 4.5 million euros which the Echo newspaper reported on its front page 16/10/2014 and in that regard would he also confirm that the proposals will include a new stand at Tallaght Stadium?
To ask the Chief Executive what are the current regulations governing the installation of wood burning stoves and chimneys on properties – particularly onto single-storey extensions?
To ask the Chief Executive what is the legal position regarding SDCC trees damaging property? Does SDCC have a legal responsibility if a member of the public complains about a particular tree and the tree then causes damage? Does SDCC have a legal responsibility if a member of the public gets an arborist report which details a dangerous and unsuitable tree/trees which then causes damage to property?
To ask the Chief Executive how many RAS clients throughout the county have had their tenancies ended early because the landlord has put the rental property up for sale in the past 12 months. Could you break this down by electoral area please?
To ask the Chief Executive to confirm the number of bins in each park within South Dublin County Council?
Could the Chief Executive consider installing dog litter bins and dog litter bags, as per the type used by Fingal County Council in St. Catherines Park adjacent to Lucan, in our parks?
To ask the Chief Executive, what are the standards expected for a Council House and a rented House in South Dublin County Council?
To ask the Chief Executive what plans are in place to deal with the ever-growing homeless problem in SDCC and is there any plan to provide additional homeless emergency accommodation to cater for these emergencies?
To ask the Chief Executive what are the student visa changes for people coming to study in Ireland from other countries and when will they come into effect?
To ask the Chief Executive to provide a list of all NAMA owned buildings and property/land in SDCC and to identify what could be used as accommodation for Homeless and also to outline any plans for these buildings and property/Land?
To ask the Chief Executive for a statement on how the Travelling community are catered for in SDCC and what efforts are made to support their culture?
Headed Items
DECLARATION OF ROADS TO BE PUBLIC ROADS
(H7 no reports)
PROPOSED DISPOSAL OF PROPERTIES / SITES
f) Proposed Disposal of Plot of Land at Firhouse Road and Killinniny Road Junction to Minister for Education and Skills (deferred from September 2014 Council meeting)
d) Acquisition by Purchase of Fee Simple - 10 Palmer Park, Rathfarnham, Dublin 16
e) Acquisition by Purchase of Fee Simple - 24 Pairc Mhuire, Saggart, Co. Dublin
b) Proposed Exchange of Lands at Kilcarberry Avenue/Nangor Road, Clondalkin, Dublin 22 – SDCC and William, Neil & William J. Durkan /Durkan New Homes
c) Proposed Disposal of Lands to the Rear of 1 St. Fintan’s Terrace, Palmerston, Dublin 20
a) Proposed Disposal of Affordable Dwellings
(no report)
PART 8 REPORT - DEVELOPMENT OF TWO TEMPORARY 4 CLASSROOM PRIMARY SCHOOLS ON SITE AT KILININNY ROAD, BALLYCULLEN DRIVE, FIRHOUSE, DUBLIN 24
(circulated herewith)
PROPOSED EXTINGUISHMENT OF PUBLIC RIGHT OF WAY OVER LANEWAY TO THE REAR OF NOS. 34 TO 40 LIMEKILN AVENUE, WALKINSTOWN, DUBLIN 12. MAP REF: RE1122
(circulated herewith)
PALMERSTON PLEBISCITE
(circulated herewith)
MAKING OF A LOCAL ECONOMIC COMMUNITY PLAN (LECP) INCLUDING THE ESTABLISHMENT OF AN ADVISORY STEERING GROUP TO ASSIST THE PROCESS SUBJECT TO ISSUING OF FINAL GUIDELINES
(circulated herewith)
AUDIT COMMITTEE REPORT TO COUNCIL ON ITS FINDINGS FOLLOWING CONSIDERATION OF THE AUDITED FINANCIAL STATEMENT 2013 AND AUDITOR’S REPORT
(circulated herewith)
AUDIT COMMITTEE CHARTER AND WORK PROGRAMME FOR APPROVAL BY COUNCIL
(circulated herewith)
AUDIT COMMITTEE STANDING ORDERS FOR NOTING BY COUNCIL
(circulated herewith)
Correspondence
Ministerial
Letter, dated 01/10/14, from Minister for the Environment Community & Local Govt. regarding SDCC's resolution passed in relation to reduction in Local Property Tax (H9/0914)
Ministerial
(i) Letter, dated 03/10/14, from Minister for Foreign Affairs in response to a Suspensory motion passed in relation to Mr. Ibrahim Halawa (SM2/0714)
(ii) Letter, dated 08/09/14, from Dublin City Council acknowledging SDCC's Suspensory motion passed in relation to Mr. Ibrahim Halawa (SM2/0714)
Ministerial
(i) Letter, dated 08/10/14, from Office of the Taoiseach regarding SDCC's motion passed in relation to Local Property Tax (M9/0914)
(ii) Letters, dated 16/10/14 & 09/10/14, from Minister for the Environment, and dated 13/10/14 from Minister for Finance, regarding SDCC's motion passed in relation to Local Property Tax (M9/0914)
Ministerial
1) (i) Letter, dated 16/10/14, from Minister for Health regarding SDCC's motion passed in relation to Crooksling Hospital; (ii) Letter, dated 13/10/14, from Office of DG of the Health Service regarding SDCC's motion passed in relation to Crooksling Hospital (SM1/0914)
2) Letter, by email dated 23/10/14, from HSE in response to SDCC's Suspensory Motion passed at Sept. Council meeting in relation to Crooksling (SM1/0914)
Ministerial
Letters, dated 24/10/14 & 15/10/14, from Minister for Health regarding SDCC's motion passed in relation to EpiPens (M32/0914)
Letter, dated 01/10/14, from Carrickmacross / Castleblaney Municipal District regarding their motion passed in relation to grant aid for Listed Buildings
Motions
Mayor's Business
That South Dublin County Council supports the right of every LGBT person to live their lives openly and without fear. However, this basic human right is denied to many LGBT Teachers and other employees of institutions that claim a religious ethos, through the continued existence of Section 37.1 of the Employment Equality Act 1998 which provides a broad opt-out from equality legislation for such institutions.
We join with the LGBT community, the trade union movement and many others in calling for an end to this state sanctioned discrimination which creates an unacceptable 'chill factor' for Teachers in particular who happen to be LGBT.
We note that government have committed to amending Section 37.1 and we call for legislation as a matter of urgency, and certainly before next Spring's marriage equality referendum, so that no LGBT person has to choose between their job on the one hand and making a public life long commitment to their loved one on the other.
The right of employers to select candidates on the basis of a genuine occupational requirement is already enshrined in other provisions of the Employment Equality Act. Section 37.1 is both unnecessary and repugnant to the principles of equality and non-discrimination. It is also in conflict with EU framework directive law.
Government needs to act accordingly.
Mayor's Business
Recognising that Gateway is compulsory, that it punishes people for being unemployed and copper-fastens the under-staffing of local services, this motion calls on the relevant Ministers to stop the roll-out of Gateway in local authorities immediately.
That South Dublin County Council support the Travelling community as being recognised as an Ethnic Minority. We ask the Government to act on this motion.
That this Council calls on the Minister for Social Protection calling on her to urgently rectify the legal loophole that allows for the reckless practice of informal insolvency by rogue employers leaving workers unable to access their statutory entitlements.
That the Chief Executive outline council policy in relation to signage / sign posts for local businesses and for categories of local businesses, e.g. food , restaurant, hotel, etc. does the council support proper sign posts for local businesses
That this Council calls on the Restaurant Association of Ireland to impose a boycott on all Israeli goods such as but not exclusively vegetables and herbs which are widely used in the Industry until at least such time that the Israeli imposed blockade on Gaza is lifted. We have all witnessed the horror of the Israeli war machine recently and the continued blockade on Gaza continues to have hugely negative impact on the quality of lives of Civilians there living in a virtual prison. This Council calls on this boycott to be introduced without delay.
The problem of graffiti has reached epidemic levels over the past year or two and just seems to be getting worse as each month passes. I propose that the following takes place:
1) Surveillance Cameras be used at Graffiti "black spots" with the consent of the local residents in an attempt to catch the perpetrators. This could be implement similar to the technique used to catch illegal dumping across the county.
2) An education programme be instigated across the county in our local primary and secondary schools explaining the cost of the damage being done. The surveillance steps being taken by the Council to address this issue should also be explained to the teachers and children.
That this Council establish a protocol for residents involvement in the Planning application process. Presently the only obligation is to meet with potential developers in the pre-planning stage. Residents and Communities have no recourse to any meeting to discuss their needs and suggestions.
This Council in welcoming the aspirations of Putting People First and the launch of the Public Participative Network (PPN) initiative, supports the work of the Executive to date in this regard and now propose that we build on the experience gained from both the (PPN) exercise and the Villages Initiative (of 2013) to further develop (and extend the concept), by strengthening the strategy so as to engage with and involve in a meaningful way, civil society in a form of Participative Budgeting in conjunction with the Public Consultation element required in determining the Local Property Tax for the 2016 period.
That this Council liaise with Dublin Bus to report on measures / plans are being made in relation to the provision of a bus route along the Outer Ring Road which would connect Lucan (village) to Tallaght (village) via Clondalkin (village) and vice versa, making full use of this infrastructure.
That the Chief Executive seeks immediate suspension of installation of water meters within the County because the supply is unsafe due to Irish Water’s failure to supply tamper-proof meters to each household. Residents are being asked to pay for a food source which is open to contamination. You cannot buy a jar of pasta sauce without a tamper-proof lid on it so the residents of this County deserve the same, most basis safety standard in relation to their water supply.
Noting the recent case of a migrant woman who, pregnant as a result of rape and despite suicidal ideation, was denied an abortion - suffering horrific physical and mental suffering at the hands of the State - this Council calls on the Government to hold a referendum in the remainder of its term so the Eighth Amendment of the Constitution can be repealed.
That this Council records its opposition to the current policy of water fluoridation in Ireland, based on documented research that shows a decrease dental caries in all western countries irrespective of whether the water is fluoridated or not, as well as research which shows the effect of fluoride to be topical not systemic (ie works at the location not through the body); calls on the Government to organise a national referendum on water fluoridation in the next 18 months, (possibly in tandem with another referendum), which will educate the public thoroughly on both sides of the debate and allow their voice to be heard on this important public health issue; and that a letter recording this resolution shall be forwarded directly to the Taoiseach and the Minister for the Environment and CC'd to all cabinet Ministers, requesting the matter to be discussed at cabinet level.
That this Council welcomes and endorses a reduction in the speed limit to 30kph within residential estates in the county and calls on management to outline a procedure in which such proposals can be enacted as swiftly and efficiently as possible
That his Council welcomes Circular RSD 01/2014 on the control of Vehicle Speeds in Housing Estates, issued by Paschal Donohoe TD, Minister for Transport, Tourism & Sports, to all Local Authorities requiring an examination of speed limits in residential areas and housing estates to improve road safety for cyclists and pedestrians, especially children; and requests the Chief Executive, in line with the circular, to initiate consultation with residents across the County with a view to determine the need for new bye-laws for 30 km/h limits for residential estates and additional selected safety zones.
That the Chief Executive confirm the position with regard to speed limits n residential and housing estates throughout the County, having regard to the direction by the Minister for Transport, that the limit be reduced to 30km/h within such areas. Where it is confirmed that the 30km/h limit is not the norm within the County, please identify how soon the necessary by-laws can be passed and what timeframe is it envisaged that this County will be in a position to comply with this direction. I would also ask the Chief Executive to consider making provision in this year's budget for speed ramps and other traffic calming measures to ensure the safety of children, cyclists and pedestrians within the County.
That SDCC supports The Carers Association and calls on the Minister for Social Protection to amend the Social Welfare Bill to make provision for the restoration of the Respite Care Grant
That this Council calls on the Minister for Health, the Minister for Children and HSE management to intervene with the National Office for Suicide Prevention on behalf of TeenLine Ireland to have state funding restored to TeenLine and in doing so acknowledging the great work being achieved by the organisation working with young people at risk.
As the former provider of public water services in South Dublin, that this Council calls for the amendment of the Constitution in order to prohibit the privatisation of water provision and waste-water services.
That South Dublin County Council would support Inclusion Ireland on a current initiative called ‘Changing Places’
The initiative can be summarised as follows:
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Standard accessible toilets do not meet the needs of all people with a disability as many individuals, particularly those with multiple learning disabilities, require additional facilities to allow them to use the toilets comfortably.
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To address these shortcomings, there has been a very effective UK campaign called ‘Changing Places’ – details can be found on their website: www.changing-places.org. Inclusion Ireland hopes to replicate this initiative in this country.
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‘Changing Places’ toilets are different to standard disabled toilets with extra features (such as hoists and changing benches) and more space to cater to the specific individual needs of people with disabilities.
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Inclusion Ireland, the National Federation of Voluntary Bodies and a number of interested individuals hope to facilitate a ‘Changing Places Ireland’ website that will provide information to people who require toilet facilities with these enhanced features and capabilities.
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This information will include optimal location for accessible toilets, how best to access them in a safe and comfortable way, and which facilities should be featured. This information will make a big difference in the day-to-day lives of those who need these facilities.
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Inclusion Ireland is working towards a website launch deadline of December 3 to coincide with the International Day of Persons with Disabilities. The ‘Changing Places’ website has a "proof of concept" site available on request from Inclusion Ireland.
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The ‘Changing Places’ website is still a work in progress, but it will be compatible with tablets and smartphones etc., so people can access the information on the run.
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Inclusion Ireland has liaised with Mencap, one of the main partners in the ‘Changing Places’ UK project, which has just opened ‘Changing Places’ facilities in Stanstead Airport and Arsenal Football Club stadium, the Emirates. (Please find info attached).
South Dublin County Council has been committed to access and equality since the Council was established in 1995. SDCC adopted the Barcelona Declaration in June 2002 and has been actively implementing the Declaration ever since through various actions and access initiatives.
This EU-wide Declaration advocates the right of disabled people to equal opportunities, inclusiveness and integration. It has been a major instrument of change.
The extensive access works and initiatives which SDCC have undertaken over the past 11 years in particular have all been focused on removing the barriers that create disability and exclusion in order to create a truly Accessible South Dublin County.
Building on this strong track record, I am asking that South Dublin County Council support and collaborate with Inclusion Ireland to work with businesses, sporting venues and public access points to highlight the benefits of this initiative, in order to continue making our county more accessible.
That this elected body calls on all corporate entities in this county to adhere to their responsibility in upholding human rights and international law in their corporate governance. Furthermore if this motion is passed by the elected members where international law is seemed to be non adhered to we the elected body shall ask for clarification regarding ethical guidelines and corporate responsibility.
That this County Council, having regard to various sporting events which may take place in the broader Dublin area in the coming years, take steps to maximise the potential to generate tourism in this County through engagement with the various sporting organisations involved.
That this Council calls on the Minister for Justice & Equality, to create further legislative measures to protect women who are the victim of domestic violence. Furthermore, for other relevant departments to commit to increasing funding for frontline services. Although, there has been significant changes over the past number of decades in relation to domestic violence in Ireland, women are still not protected enough in their homes. Ireland still has one of the highest rates in all of the countries in Europe for not meeting women’s needs when they seek assistance after the most serious incidents of violence by a partner. Assault is a crime under Irish law; however, Domestic Violence is often treated differently.
That this Council endorses the Living Wage Campaign (www.livingwage.ie). As such, this Council seeks to implement the living wage, currently calculated at €11.45 per hour, as a minimum rate for all who are directly employed by the Council. Furthermore, this Council seeks to incorporate the living wage as policy in its procurement and contracting practices to ensure, in so far as is practicable, that all employees employed indirectly by the Council are paid the living wage. This Council asks that a report be brought to the relevant SPC/SPC's and the CPG for discussion on how such a policy can be implemented.
This council agrees to write to the Department of Transport Tourism and Sports and ask for the Government Swimming Pool Grant Scheme to be reopened as soon as possible.
That the Council consider introducing a similar bike scheme to the very successful bike scheme that is operated in Dublin City, to one of the towns in the county on a pilot or permanent basis.
That the Councillors of South Dublin County Council calls for the scrapping of the Water Charge. We acknowledge this is a charge on a Basic Human Right and do not condone the charging and taxing of a Human Right.
That this Council calls on the Government to;
Immediately reverse domestic water charges which are an unfair and unjust double charge being forced on already struggling households.
Listen to the widespread public anger that exists towards this Government and Irish Water by the Irish people, who are now rightly organising and mobilising in protest and opposition to these water charges through the Right2Water public campaign which includes activists, citizens, community groups, political parties and trade unions.
That this Council, given the ongoing confusion and public anger over the rollout of Irish Water - and recognising the limits of representative democracy in this instance - calls on the Government to organise a referendum on all aspects of water provision to allow the public have a direct say in how water services are paid for and managed and how water conservation can be encouraged, which would facilitate an open and honest debate about the cost of water and related services, the state of the public finances and the advantages and disadvantages of broadening the tax base as a means to help avoid the mistakes of the past being repeated. Such a referendum should give the people a number of choices such as whether water charges should be implemented or not; whether measures to solely encourage conservation, with a generous free allowance, would be a better option; and also give clarity as to whether any privatisation of Irish water services should be permitted by allowing the people to adjudicate on the matter. Such a referendum could also be linked in with other related public health issues that require input and debate, such as the merits of continuing with water fluoridation.
That this council recognises the stipulation of water charges is another taxation on working people in Ireland. We call for a boycott and campaign of non compliance and disobedience when the bills are first issued in late January.
That the Chief Executive write to the Energy Regulator calling on him to consider the hardship already faced by families in this County and to reject Irish Water’s call for extortionist call-out charges and second-fix fees as families cannot be held responsible for the lack of investment in the country’s water infrastructure.
That this council provides a full report for discussion on the revenue generated through Pay and Display / Parking meters per area throughout the county and a full breakdown on costs across the county including a breakdown of running operating costs.
Emergency/Suspensory Motion
SM/1114 SUSPENSORY MOTION - IRISH WATER
At this point the Mayor Councillor F. Warfield proposed and the Members AGREED to take a Suspensory Motion in the names of Councillors F. Warfield, S. Holland, C. King, B. Ferron, D. O’Brien, L. Dunne, F. Timmons, D. O’Donovan, L. O’Toole, G. O’Connell, E. Ó Broin, J. Graham, M. Devine, D. Richardson, R. McMahon, D. Looney, B. Leech, M. Murphy, K. Mahon, G. Kenny, N. Coules, R. Nolan, C. O’Connor, P. Foley, E. O’Brien, P.N. Gogarty, seconded by Councillor S. Holland, as follows:
“In light of the huge Right 2 Water demonstrations across the county and country on Saturday November 1st demonstrating the widespread public opposition to the privatisation of water and the introduction of water charges, this Council calls on the Government to immediately scrap the introduction of water charges and on the basis of data protection, calls on the Chief Executive of South Dublin County Council not to release tenant information to Irish Water.”
The motion was PASSED on a show of hands vote.