Agenda - January 2015 County Council Meeting

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Date:
12/01/2015 15:30
Location:
Council Chamber
Standing Orders:

Headed Items

H-I (1)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Corporate Performance and Change Management Directorate

CONFIRMATION AND RE-AFFIRMATION OF MINUTES

Minutes of Meeting of South Dublin County Council, 8th December 2014

(circulated herewith)

H-I (2)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Water & Drainage, Finance

REPORTS OF AREA COMMITTEES

a) Rathfarnham /Templeogue-Terenure Area Committee - 9th December 2014

- Dealing with Planning & Development, Corporate Services, Libraries, Community, Housing, Parks, Environment, Roads & Water Services

(no report)

b) Tallaght Area Committee - 15th December 2014

- Dealing with Planning & Development, Corporate Services, Libraries, Community (1 report - Community Grants), Housing, Parks, Environment, Roads & Water Services

(circulated herewith)

c) Lucan Area Committee - 16th December 2014

- Dealing with Planning & Development, Corporate Services, Libraries, Community, Housing, Parks, Environment, Roads & Water Services

(no report)

d) Clondalkin Area Committee -17th December 2014

- Dealing with Planning & Development, Corporate Services, Libraries, Community, Housing, Parks, Environment, Roads & Water Services

(no report)

H-I (3)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Corporate Performance and Change Management Directorate

STANDING COMMITTEES - ORGANISATION, PROCEDURE & FINANCE COMMITTEE

(no reports)

H-I (4)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Corporate Performance and Change Management Directorate

STRATEGIC POLICY COMMITTEES

(no reports)

H-I (5)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Corporate Performance and Change Management Directorate

REPORTS REQUESTED BY AREA COMMITTEES

(no reports)

Questions

Qu (1)
Submitted by:
Councillor M. Devine
Responsibility:
Teresa Walsh

To ask the Chief Executive for an update on the gifting of logs - from removed trees - to elderly within the County?

Qu (2)
Submitted by:
Councillor P. Gogarty
Responsibility:
Denis Bowes

To ask the Chief Executive for an update on the Water Leisure Strategy as last reviewed, to list all public pools currently operating in the County and the number of users each year, to list pools proposed but postponed or scrapped in the last 10 years, to outline when the next review of the water leisure strategy is due to take place; and if he will make a statement on the matter?

Qu (3)
Submitted by:
Councillor P. Gogarty
Responsibility:
Paul Hogan, Eddie Taaffe

To ask the Chief Executive to outline whether any formal communications have been received by the Minister for the Environment regarding amendments or revisions to any Strategic Development Zone in the County; and if he will make a statement on the matter?

Qu (4)
Submitted by:
Councillor W. Lavelle
Responsibility:
Teresa Walsh

To ask the Chief Executive for a detailed update on the CFRAMS project as it applies to the River Liffey?

Qu (5)
Submitted by:
Councillor W. Lavelle
Responsibility:
Billy Coman

To ask the Chief Executive to outline if an alternative source of funding has yet been identified to fund the provision of new sports pavilions in 2015 to replace containers in parks?

Qu (6)
Submitted by:
Councillor W. Lavelle
Responsibility:
Denis Bowes

To ask the Chief Executive to provide a detailed report on the financial performance (i.e. incomes, costs, level of operating deficits/surpluses, etc) in 2013 & 2014 of the swimming pool/leisure centres at each of Clondalkin & Tallaght; and to further report on the financial performance & balance sheet of the South County Dublin Leisure Services Ltd. company?

Qu (7)
Submitted by:
Councillor W. Lavelle
Responsibility:
Teresa Walsh

To ask the Chief Executive to report on:

  • - the progress made by this Council in implementing the 2009-2015 Eastern River Basin District (ERBD) management plans; including details of the Programme of Measures implemented and the total expenditure to date;
  • - the progress in seeking to meet the ERBD objective to “achieve good status by 2015” in respect of the water quality of rivers & watercourses in our County, including particularly the Griffeen River which had been identified as “bad”;
  • - the Programme of Measures planned in 2015; and
  • - the role of the Council in preparation of the second cycle of River Basin Management Plans?
Qu (8)
Submitted by:
Councillor W. Lavelle
Responsibility:
Clodagh Henehan

To ask the Chief Executive to provide a detailed report on the options available to local authorities and/or ‘off-the-book’ companies established by local authorities to borrow from state bodies, social finance lenders, financial institutions or other bodies for the purposes of seeking to fund major capital projects in the sports and leisure area?

Qu (9)
Submitted by:
Councillor C. O'Connor
Responsibility:
Teresa Walsh

To ask the Chief Executive to present a report on the Council's policy to deal with climate change issues throughout the coming year?

Qu (10)
Submitted by:
Councillor C. O'Connor
Responsibility:
Mick McCartan

To ask the Chief Executive to report on actions he proposes following the recent Homeless Summit organised by the Minister for Environment and Local Government at the Custom House and will he also confirm if he has sought additional funding to allow him deal with the matter here in our County?

Qu (11)
Submitted by:
Councillor C. O'Connor
Responsibility:
Teresa Walsh

To ask the Chief Executive if he is satisfied that the Council has sufficient resources allocated to deal with the litter problem throughout our County and will he outline his proposals and action plan in that regard?

Qu (12)
Submitted by:
Councillor C. O'Connor
Responsibility:
Helen Griffin

To ask the Chief Executive to present a report on the excellent dog warden service throughout the SDCC area?

Qu (13)
Submitted by:
Councillor C. O'Connor
Responsibility:
Orla Scannell, Frank Nevin

To ask the Chief Executive to confirm his plans to continue to promote Arts & Culture throughout our County?

Qu (14)
Submitted by:
Councillor D. O'Donovan
Responsibility:
Mary Hayes

To ask the Chief Executive how much SDCC has spent renovating properties and bringing up to standard before entering into leasing agreements with them over the past ten years?  Can the Chief Executive please provide a breakdown of this information by electoral area?

Qu (15)
Submitted by:
Councillor D. O'Donovan
Responsibility:
Mairead Hunt

To ask the Chief Executive how many calls SDCC has received in relation to the new leaf collection procedures?  Have the contacts increased since the introduction of the new system?  Can more to done to get the message out there that SDCC no longer collect bags of leaves?

Qu (16)
Submitted by:
Councillor D. O'Donovan
Responsibility:
Tom O'Neill

To ask the Chief Executive what the situation is in regard to applying for permits for Fireworks Displays within the County?  Does SDCC have responsibility for this and if so, how many requests for permits does it receive each year?  And how many are granted/denied?

Qu (17)
Submitted by:
Councillor F. Timmons
Responsibility:
Mick McCartan

To ask the Chief Executive to provide a detailed report on Homeless Figures and those on the Housing waiting list for each area in SDCC?

Qu (18)
Submitted by:
Councillor F. Timmons
Responsibility:
Tom O'Neill

To ask the Chief Executive to contact Dublin Bus and ask that they provide information on any proposals to provide a direct bus service that links Tallaght, Clondalkin and Lucan Villages in an accessible and user friendly manner?

Qu (19)
Submitted by:
Councillor F. Timmons
Responsibility:
Denis Bowes, Billy Coman

To ask the Chief Executive what funds are available for St. Patrick's Day celebrations across SDCC?  How can these be applied for?  And will SDCC insurance cover such events?

Qu (20)
Submitted by:
Councillor F. Timmons
Responsibility:
Teresa Walsh, Billy Coman

To ask the Chief Executive to provide a report on all available options for funding for Tidy Towns Heritage plans for areas and detail how and when these should be applied for. Could the Chief Executive also detail what funding is available for street furniture (Places to rest and meet) as this is an area where many areas scored poorly in Tidy Towns?

Headed Items

H-I (6)
Submitted by:
Community Services
Responsibility:
Water & Drainage

DECLARATION OF ROADS TO BE PUBLIC ROADS

(no reports)

H-I (7)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Water & Drainage, Economic Development, Enterprise and Tourism, Finance

PROPOSED DISPOSAL OF PROPERTIES / SITES

(no reports)

H-I (8)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Danny McLoughlin

MONTHLY MANAGEMENT REPORT

(circulated herewith)

H-I (9)
Submitted by:
Mary Maguire
Responsibility:
Teresa Walsh

EASTERN-MIDLANDS REGIONAL WASTE MANAGEMENT PLAN - PUBLIC CONSULTATION PROCESS

(circulated herewith)

H-I (10)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Tom O'Neill

RESULT OF PALMERSTON PLEBISCITE

(circulated herewith)

H-I (11)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Eddie Taaffe

TO AGREE PROPOSED DATES FOR SPECIAL MEETING ON THE COUNTY DEVELOPMENT PLAN

(circulated herewith)

H-I (12)
Submitted by:
Finance
Responsibility:
Billy Coman

SOCIAL HOUSING STRATEGY 2020

(circulated herewith)

Correspondence

Cor (1)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Corporate Performance and Change Management Directorate

Letter, dated 03/12/14, from Donegal Co. Council regarding their motion passed in relation to Irish Water

Cor (2)
Submitted by:
Marian Dunne
Responsibility:
Corporate Performance and Change Management Directorate

Letter, dated 17/12/14, from Kerry Co. Council regarding their motion passed in relation to Respite Care Grant

Cor (3)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Corporate Performance and Change Management Directorate

Letter, dated 19/12/14, from Tipperary Co. Council regarding their motion passed in relation to support for upcoming Referendum on Marriage Equality

Motions

Mot (1)
Submitted by:
Councillor F. Warfield
Responsibility:
Tom O'Neill

Mayor's Business

South Dublin County Council calls on the Minister for Arts, Heritage and Gaeltacht Heather Humphreys to recognise and act on her responsibility as Heritage Minister to protect and preserve the historic Moore Street area of Dublin City, including the terrace 10-25 Moore Street which was occupied by the volunteers at the end of Easter Week 1916 and where the final meeting of the Provisional Government of the Irish Republic took place. This requires the preservation not only of the National Monument 14-17 Moore Street but the protection of the terrace and of the integrity of the surrounding area which has been described as 'the lanes of history' and which has the potential to be sensitively developed as an historic quarter of our capital city, enhancing the living market trading tradition and bringing to life the area's central role in the 1916 Rising.

Mot (2)
Submitted by:
Councillor K. Mahon
Responsibility:
Tom O'Neill

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.

Mot (3)
Submitted by:
Councillor E. O'Brien
Responsibility:
Billy Coman, Frank Nevin

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. 

Mot (4)
Submitted by:
Councillor D. Looney
Responsibility:
Gerry Fitzgibbon

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.

Mot (5)
Submitted by:
Councillor P. Gogarty, Councillor G. O'Connell, Councillor L. O'Toole
Responsibility:
Clodagh Henehan, Billy Coman

That the Chief Executive provides a detailed report of Council spending between 2004 and 2009 per electoral area and between 2009 and 2014 per electoral area, outlining from highest contribution to lowest the income gained from the area directly through development levies, rates and other sources of income and outlining from highest to lowest the spend in real terms and per head of population on capital and current projects, grants and other quantifiable resource allocations; and furthermore, should one area be found to have received a significantly lower allocation than other electoral areas, that this Council resolves to redress this historic imbalance by means of budgeting for and fast-tracking one significant and major community and sporting project as agreed by Local Area Councillors, following public input through a consultation process. This should ideally give priority consideration to projects previously budgeted for by the Council, but scrapped due to funding considerations (eg a public swimming pool in the Lucan Electoral Area).

Mot (6)
Submitted by:
Councillor G. Kenny
Responsibility:
Tom O'Neill

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.

Mot (7)
Submitted by:
Councillor J. Lahart
Responsibility:
Rosaleen Dwyer

That this Council undertakes a report in conjunction with the National Parks and Wildlife Services concerning the escalation in urban fox numbers in residential areas of this county and presents a detailed report to this Council

Mot (8)
Submitted by:
Councillor F. Timmons
Responsibility:
Selina Bonnie

That South Dublin County Council calls for the enactment of the Assisted Decision Making Bill 2013 in order to fulfil our requirements under Article 12 of the UN Convention of the Rights of Persons with Disabilities – Equal Recognition Before the Law.

Mot (9)
Submitted by:
Councillor L. Dunne
Responsibility:
Tom O'Neill

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.

Mot (10)
Submitted by:
Councillor D. O'Brien
Responsibility:
Teresa Walsh

That this Council support the Motion calling for the removal of fluoride in the public water supply.

Ireland is the only Country in Europe and one of two in the world to permit the use of fluoride in the public water supply.

Putting fluoride in our drinking water cost over €4,000,000 per year and this money would be better put to use in social housing.

Mot (11)
Submitted by:
Councillor C. Brophy, Councillor W. Lavelle, Councillor E. Higgins, Councillor A-M. Dermody , Councillor P. Donovan, Councillor V. Casserly, Councillor K. Egan
Responsibility:
Frank Nevin, Colin Ryan

That this Council, noting the expected availability of unspent monies from the 2014 and 2015 budget allocations for Business Support Grants; requests the Chief Executive, when drawing up proposals for consideration by the Economic Development SPC and APPROVAL by the full Council, to ensure that these monies are invested in the “refurbishment and revitalisation” of employment areas and areas of commercial vacancy at locations THROUGHOUT the County.

Mot (12)
Submitted by:
Councillor F. Timmons
Responsibility:
Tom O'Neill

That following recent revelations about care in homes for people with an Intellectual disability, SDCC calls on the Government to instruct HIQA to carry out un-announced inspections and to ensure HIQA has the necessary powers to conduct investigations (covert or otherwise) into all services dealing with Vulnerable people and introduce legislation establishing a Personal Advocacy Service with statutory powers to ensure respectful, dignified and person-centred/personal-choice led care practices in all disability services.

Mot (13)
Submitted by:
Councillor C. O'Connor
Responsibility:
Tom O'Neill

That this council calls on the Minister for Justice to assign additional resources, personnel and vehicles to all Garda Stations in the South Dublin County Council Area to allow for ongoing effective action to be taken in respect of serious crime which has been reported throughout the area in recent times.

Mot (14)
Submitted by:
Councillor N. Coules
Responsibility:
Gerry Fitzgibbon

That this council condemns the use of Gateway, Job Bridge, and other similar government "job activation" schemes as they endanger council jobs. 

Mot (15)
Submitted by:
Councillor B. Leech
Responsibility:
Billy Coman

That the South Dublin County Council should initiate a civic pride week event that could be turned into a festive occasion and be held annually in spring. This event would include sports, community gardening, street clean-ups and musical activities.

Mot (16)
Submitted by:
Councillor C. Brophy
Responsibility:
Clodagh Henehan

That this council calls on the Minster for Finance to postpone the scheduled review of residential property valuations under the LPT in 2016.

To freeze all current valuations till 2020. Allowing house prices to stabilize particularly in the Dublin area.

To increase the power of local councils to raise or lower the LPT by allowing for a 30% adjustment instead of the current 15%, in the lifetime of a council.

Mot (17)
Submitted by:
Councillor N. Coules
Responsibility:
Tom O'Neill

That this Council writes to the Minister for Health seeking clarification as to why the H.S.E. is downgrading the ratio mix for the care of vulnerable patients from a 50:50 to a 40:60 basis. That we reiterate the questions posed by the INMO in this matter. On what evidence is a skill mix of 40:60 based on?

  1. What autonomy / authority does the person in charge (Director of Nursing) have in relation to staffing levels and skill mix?
  2. Why are the HSE proceeding with this overtly cost cutting exercise in one of the most vulnerable patient groups in the health service?
  3. What risk assessment was carried out in all areas prior to this instruction to cut staff in such numbers?
Mot (18)
Submitted by:
Councillor P. Donovan
Responsibility:
Tom O'Neill , Tommy Kavanagh

That this council calls on the government to endorse and Launch the safer internet campaign iRights in Ireland.

Irights proposes 5 core protective online principals which have been drawn up based on translating the United Nations Convention on the rights of the child. 

Principal 1 is the “right to remove” – By adopting iRights in Ireland, when a young person reaches the age of 18, they will have access to easily delete any content that they themselves have created when they were perhaps too immature to know better (80% of all employers check online sites for details on job candidates)

Principal 2 is the “right to know” – By adopting this principal, it means that information about how our data may be used is designed into the technology we use daily and explained to children clearly rather than hidden in endless pages of obscure terms & conditions (eg. We should be informed when Celebrities are being paid to endorse a product online)

Principal 3 is the right to “make informed and conscious choices” – Our children should understand that what happens online isn’t just down to their free will but is being manipulated through clever game design intent on making playing it addictive

Principal 4 is the “right to Safety & Support online” - That Our education policy values and supports access to internet safety for both Children and Parents

Principal 5 is the “right to digital literacy” – If our young people are to flourish in the future, they need to be able not just to use the internet and technology but also to understand how it all works.  That means learning to code, application development and cloud computing.  By endorsing iRights, our future technology learning strategy for our children will be developed.

Irights was developed in the UK and launched in December under the #weprotect Conference hosted by PM David Cameron in response to the need to address the rights of Children in the Online world.   

By embracing irights in Ireland, all citizens could sign up to demand the rights of Irish children in our online world. 

Correspondence

Cor (4)
Submitted by:
Barbara Gorman
Responsibility:

SM1/0115       The following Suspensory Motion in the names of Councillors D. Donovan, P. Gogarty, F. Timmons, D. Richardson, J. Graham, Sarah Holland, P. Kearns, B. Bonner, G. O’Connell, M. Genockey, D. Looney, L. O’Toole, P. Foley, E. Ó Broin, F. Warfield, E. O’Brien, R. Nolan, N. Coules, G. Kenny, V. Casserly, K. Mahon, M. Murphy and B. Leech was proposed by Councillor D. O’Donovan, seconded by Councillor E. Ó Broin and MOVED without debate:

“That this Council utterly condemns the actions of those terrorists responsible for the atrocities in France last week, and expresses its deepest sympathies for the families of those innocent people murdered or maimed, while defending the press right to free speech and freedom of expression.”

Cor (5)
Submitted by:
Barbara Gorman
Responsibility:

SM2/0115       The following Suspensory Motion in the names of Councillors J. Graham, B. Ferron, V. Casserly, P. Donovan, E. Ó Broin, S. Holland, F. Warfield, P. Kearns, B. Bonner, M. Genockey, C. Brophy, D. Looney, G. O’Connell, A-M. Dermody, D. O’Donovan, P. Foley, E. O’Brien, R. Nolan, F. Timmons, L. O’Toole, D. Richardson, P. Gogarty, M. Murphy, L. Dunne, B. Leech, T. Gilligan, K. Mahon, N. Coules, K. Egan, R. McMahon and E. Higgins was proposed by Councillor J. Graham, seconded by Councillor E. Ó Broin and MOVED without debate:

“That this council supports the Community Employment participants and supervisors in upholding their terms and conditions with special regard to weekly payment. A unilateral decision to pay them fortnightly without discussion or consent is a breech of their contracts and a deviation from due process. We note the support given to the CE participants and supervisors by Impact and SIPTU. We also note that the Department of Social Protection guidelines say that any change in frequency of Payments must be with the consent of the participants.”