Agenda - November 2015 County Council Meeting

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Date:
09/11/2015 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

a) Minutes of Meeting of South Dublin County Council 12th October 2015

 

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

REPORTS OF AREA COMMITTEES

a) Rathfarnham/Templeogue-Terenure Area Committee 13th October 2015

- Dealing with Public Realm, Water & Drainage, Housing, Community, Planning, Transportation, Economic Development, Libraries & Arts, Corporate Support, Performance & Change Management

(no reports)

b) Tallaght Area Committee 19th October 2015

- 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) 

c) Clondalkin Area Committee 21st October 2015 

- 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)

d) Lucan Area Committee 27th October 2015

- 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)

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

STANDING COMMITTEES - ORGANISATION, PROCEDURE & FINANCE COMMITTEE

 (H3 no reports)

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

STRATEGIC POLICY COMMITTEES

(H4 no reports)

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

REPORTS REQUESTED BY AREA COMMITTEES

(no reports)

Questions

Qu (1)
Submitted by:
Councillor L. Dunne
Responsibility:
Hugh Hogan

To ask the Chief Executive, would it be possible to give details of how many of the proposed emergency 150 Modular Housing will South Dublin County Council be expected to deliver, would it also be possible to give an estimate of how much each individual modular housing will cost, in addition what is the expected added costs i.e. foundations, infrastructure, facilities,?

Qu (2)
Submitted by:
Councillor P. Foley
Responsibility:
Tommy Kavanagh

I have receive a number of complaints regarding the Fix my street application and more specifically the fact that after a query is submitted, automated responses are received and no other contact or follow up takes place.

The success of Fix my street will depend on consumer confidence and if people are only getting automated responses they will stop using it.

Can statistics be provided to show usage of the system and the level of responses - and not just the automated response - given to users of Fix my street.

Qu (3)
Submitted by:
Councillor P. Foley
Responsibility:
Gerry Fitzgibbon

Can details be provided regarding this council's fire safety procedures in relation to halting sites and council owned/let properties. Are these fire safety procedures formalised or done on an ad hoc basis?

When have these procedure last been reviewed? Have these procedures ever been reviewed and signed off by the Health and Safety Authority or any other appropriate external body? 

Qu (4)
Submitted by:
Councillor P. Foley
Responsibility:
Teresa Walsh, Gabrielle McGee

Can details be provided on the flood prevention works which are on-going in the county?

Qu (5)
Submitted by:
Councillor P. Foley
Responsibility:
Elaine Leech

Can details be provided of the Christmas festivities which the council are running or supporting this year?

Qu (6)
Submitted by:
Councillor J. Lahart
Responsibility:
Alison Scanlon

To ask the Chief Executive what is the Council’s spend on emergency accommodation to date this year and what was the spend on emergency accommodation last year?

Qu (7)
Submitted by:
Councillor J. Lahart
Responsibility:
Breda Fogarty

To ask the Chief Executive how many planning applications have been received in the county to date this year and how does this compare to 2014.

Qu (8)
Submitted by:
Councillor J. Lahart
Responsibility:
Yvonne Dervan

To ask the Chief Executive How many house starts have commenced to date this year and how does this compare to this time last year?

Qu (9)
Submitted by:
Councillor J. Lahart
Responsibility:
Laura Leonard

To ask the Chief Executive to outline the spend by the Council on Cycle Track work in the county in 2015 - to list each scheme and the spend to date on each individual scheme

Qu (10)
Submitted by:
Councillor J. Lahart
Responsibility:
Alison Scanlon

To ask the Chief Executive  how many applicants are there on the Council's Housing list in 2015 and how many individuals this amounts to - how many applicants were on the Housing List in 2014 - and how many applicants he hopes to provide with houses in 2016

Qu (11)
Submitted by:
Councillor D. Looney
Responsibility:
Philip Murphy

To ask the Chief Executive for a report on the income and expenditure associated with Tallaght Stadium, and to make a statement on the matter.

Qu (12)
Submitted by:
Councillor D. Looney
Responsibility:
Jim Kennelly

To ask the Chief Executive to commit to a new signage scheme for suburbs of the County as well as villages, towns, etc, and to make a statement on the matter.

Qu (13)
Submitted by:
Councillor D. Looney
Responsibility:
Breda Fogarty

To ask the Chief Executive to outline the procedure for how statements made by Councillors at Area Committee meetings in respect of planning files are dealt with, and to make a statement on the matter.

Qu (14)
Submitted by:
Councillor D. Looney
Responsibility:
Philip Murphy, Jennifer McGrath

To ask the Chief Executive to give a report on Hallowe'en clean-ups, community events and other actions taken by the Council, and to make a statement on the matter.

Qu (15)
Submitted by:
Councillor K. Mahon
Responsibility:
Frank Nevin

Can the Chief Executive report on what dealings or offers have been made to SDCC regarding properties held by NAMA, his/her view on the merit or otherwise of NAMA properties in the county and what obstacles- financial or otherwise- the council faces regarding the potential utilisation of NAMA properties?

Qu (16)
Submitted by:
Councillor K. Mahon
Responsibility:
Billy Coman

Can the Chief Executive  please report on the current condition of Local authority units in the County, by electoral ward if possible, with reference to,

the financial and labour resources provided yearly for the maintenance of LA units since 2010

the number of units currently waiting on approved maintenance work

the criteria used to determine the need for work and the average time frame for commencing work

the follow up steps/checks taken after work has been carried out

the Councils responsibility to rent paying tenants.

Qu (17)
Submitted by:
Councillor E. O'Brien
Responsibility:
Yvonne Dervan

To ask the Chief Executive to confirm the amount of income received in Part V contributions in the past 24 months.

Qu (18)
Submitted by:
Councillor E. Ó Broin
Responsibility:
Gerry Fitzgibbon

To ask the Chief Executive to provide a report detailing the total amount of money agreed between the Department of Environment and the Council under the traveller accommodation programme each year for the last five years; the total amount drawn down from the department at the end of each of the five years; the number of units provided with this funding each year; and the total underspend presented both annually and as a cumulative figure at the end of the five years.

Qu (19)
Submitted by:
Councillor E. Ó Broin
Responsibility:
Mairead Fitzgerald

To ask the Chief Executive  to provide a report detailing the total number of children from the South Dublin County Council housing list living in emergency accommodation across the Dublin region on the first and last working day of each month since January 2015. 

Qu (20)
Submitted by:
Councillor E. Ó Broin
Responsibility:
Jim Kennelly

To ask the Chief Executive to report the total number of electric car charging points across the county and the number of these not yet fully marked; to further outline what the target for new electric charging points over the next 12 months and to indicate the proposed locations of these points.

Qu (21)
Submitted by:
Councillor C. O'Connor
Responsibility:
Tom O'Neill

To ask the Chief Executive to present a report on the new voting register confirming how many additional voters have been added since the last register was published and will he include details of each electoral area.  

Qu (22)
Submitted by:
Councillor C. O'Connor
Responsibility:
Alison Scanlon

To ask the Chief Executive to present a report on his efforts to deal with homelessness in the county over the past month and will he also detail what further initiatives are planned for the remainder of this year.

Qu (23)
Submitted by:
Councillor C. O'Connor
Responsibility:
Gerry Fitzgibbon

To ask the Chief Executive to present a report on the Traveller accommodation programme for this county detailing any future plans in that regard.

Qu (24)
Submitted by:
Councillor C. O'Connor
Responsibility:
Philip Murphy

To ask the Chief Executive to confirm further efforts being made to promote volunteerism throughout the county.

Qu (25)
Submitted by:
Councillor C. O'Connor
Responsibility:
Philip Murphy

To ask the Chief Executive if he will confirm his response to the 2015 Sports Capital Programme allocations to local projects announced by Government in October and if he will state if he is satisfied at the level of assistance being afforded our projects and in reporting will he detail the schedule to be followed in respect of those projects for which the council received funding.  

Qu (26)
Submitted by:
Councillor D. O'Donovan
Responsibility:
Mary Keenan

To ask the Chief Executive how many trees will be planted throughout the County in the coming Tree Programme, broken down by each electoral area.

Qu (27)
Submitted by:
Councillor D. O'Donovan
Responsibility:
Helen Griffin, Mary Maguire

To ask the Chief Executive how many fines have been issued to dog owners in parks throughout the County for not having their dogs on leads, broken down by electoral area?

Qu (28)
Submitted by:
Councillor L. O'Toole
Responsibility:
Philip Murphy, Elaine Leech, Jennifer McGrath

Can the manager provide a report on the type and number of Halloween and Christmas events that take place in our county per area.

Qu (29)
Submitted by:
Councillor L. O'Toole
Responsibility:
Tommy Kavanagh

To ask the Chief Executive to consider introducing an app to compliment the existing Fix Your Street similar to the one currently being used in Brussels (see link attached) http://www.csc.com/application_services/success_stories/101081-brussels_fixes_potholes_with_mobile_app

 

Qu (30)
Submitted by:
Councillor F. Timmons
Responsibility:
Philip Murphy

To ask for a full report of sport facilities by area and population and ask how clubs like boxing clubs can be facilitated by SDCC going forward, also to ask how facilities like swimming pools and astro turfs can be provided going forward.

 

Qu (31)
Submitted by:
Councillor F. Timmons
Responsibility:
Frank Nevin

That the Chief Executive issue a report into How Fairtrade can be promoted and encouraged throughout SDCC?  (With Fairtrade you have the power to change the world every day. With one simple choice you can get farmers a better deal. And that means they can make their own decisions, control their futures and lead the dignified life everyone deserves.)

Qu (32)
Submitted by:
Councillor F. Timmons
Responsibility:
Billy Coman

To ask SDCC to issue a report on how many housing units where offered by NAMA? How many were accepted ? and why the others were not accepted?

Qu (33)
Submitted by:
Councillor F. Timmons
Responsibility:
Gerry Fitzgibbon

What accommodation has been provided by SDCC for Traveller's in the last year and how much of available government funding has been sourced and used?

Qu (34)
Submitted by:
Councillor F. Timmons
Responsibility:
Gerry Fitzgibbon

Have all traveller accommodation/ halting sites been checked for health and safety in light of recent tragic events ?  Is there a policy on acceptable standards for this type of accommodation?

Qu (35)
Submitted by:
Councillor F. Warfield
Responsibility:
Billy Coman, Hugh Hogan

Will South Dublin County Council outline for elected representatives the answers to the following.

The cost of modular housing units;

The provider;
The length of time they will be used for the council;
The length of time any family will be housed in them;
The time it will take to construct and put in place;
This verses the time it would take to move on already approved builds;
The cost verses the cost of house build;
The council's contribution to maintenance;

The location of the units;
Whether the families being accommodated have been consulted and what choice they have been offered;
Families stance on the housing list if they accept a unit;
The criteria for prioritising the allocation of the units;
Land Use - How many plots are being used for these modular houses and what impact does that have on the future use of this land and for building social housing?

 

Headed Items

H-I (6)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Water & Drainage

DECLARATION OF ROADS TO BE PUBLIC ROADS

(H6 no reports)

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

PROPOSED DISPOSAL OF PROPERTIES & SITES

H-I (7) (a) - Proposed disposal of residential shop at 13 Deansrath Ave., Clondalkin, D. 22


H - I (7) (b) - Proposed disposal of plot of land to rear of 16 Maple Grove, Rathcoole, Co. Dublin

H-I (8)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Danny McLoughlin
H-I (9)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Teresa Walsh, Billy Coman, Frank Nevin, Eddie Conroy
H-I (10)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Elaine Leech

Correspondence

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

Letter from Clare County Council dated 16th October 2015 re "release of Ibrahim Halawa"

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

Letter from Donegal County Council dated 9th October re: issue of bus pass to cancer & other patients.

Motions

Mot (1)
Submitted by:
Councillor S. Holland
Responsibility:
Tom O'Neill

MAYORS BUSINESS

Following a recent human rights delegation to Brussels, led by Lynn Boylan MEP, I ask that this council write to the dept of foreign affairs asking them to publicly demand the release of Firhouse teenager Ibrahim Halawa. This strong approach has resulted in the release of American Mohammed Soltan, Canadian Mohammed Fahmy and Australian Peter Greste.

Mot (2)
Submitted by:
Councillor D. O'Donovan
Responsibility:
Tom O'Neill

That the Chief Executive write to the Minister for the Environment calling on him to ensure that drivers of cars over 15-years-old are not penalised by the insurance industry.  Already some insurance companies are refusing to cover cars over a certain age.  This is another attack on those less well off within our County.

Mot (3)
Submitted by:
Councillor N. Coules
Responsibility:
Tom O'Neill

That this Council calls on the Minister for the Environment to immediately act to prevent evictions, introduce rent caps, and begin a massive programme of building social housing.

Mot (4)
Submitted by:
Councillor D. Richardson
Responsibility:
Helen Griffin

Can the Chief Executive report on the current litter act on signs erected around the county and the policy on this,

some areas in the county are littered with signs at junctions what is been done to stop illegal signage been put up .  

Mot (5)
Submitted by:
Councillor D. Looney
Responsibility:
Eddie Taaffe

That this Council calls on Government, in bringing forward the Planning and Development Bill, to waive all fees for Councillors making submissions on planning files, to substantially reduce the fees for members of the public, and to support submissions made online or by email.

Mot (6)
Submitted by:
Councillor E. Higgins
Responsibility:
Billy Coman, Philip Murphy

To congratulate the Council on leading the way, in terms of the promotion of health and well-being, through the Get Your Ass Off The Couch initiative

Mot (7)
Submitted by:
Councillor B. Bonner
Responsibility:
Elaine Leech

This council commends the work of our 2016 co ordinator on the National Flags for Primary Schools Initiative.  It also recognises the great work of the Defence Force teams who are currently engaged in delivering the flags and in conducting ceremonies in national schools across the country.  These ceremonies are a very moving and memorable start to the centenary celebrations and will probably live in the memories of our children for many years.  That the council would write to the organisers of this initiative in Casement Aerodrome and in the other Barracks involved in school ceremonies congratulating them on the work of their personnel on the Flags for Primary Schools ceremonies.

Mot (8)
Submitted by:
Councillor W. Lavelle
Responsibility:
Breda Fogarty

That this Council:

NOTING the unsatisfactory reply from management to Question No. 6 at the July 2015 meeting to the effect that “'Significant' additional information is considered to arise when there is a material alteration in the proposed development that would render it seriously inconsistent with that initially proposed, or where the quantum of development proposed is increased.  Usually where only the quantum of development proposed is decreased, that is not considered 'significant' additional information”;

FURTHER NOTING section 5.9 of the 2007 Ministerial Guidelines to Planning Authorities on ‘Development Management’ states, in relation to ‘”the question of ‘significant additional data’… the impact on the environment and/or the effects on third parties will always be material considerations.”

EXPRESSES ITS CONCERN that the view now being taken by the management of this Council differs from the position set-out in statutory Ministerial Guidelines; in that the view of Council management seems to focus solely on changes to quantum and not to any qualitative changes; and more critically makes no reference whatsoever to ‘the impact on the environment and/or the effects on third parties’ as required by Ministerial Guidelines; and that a result, residents of our County are, in certain exceptional cases, being unfairly denied an opportunity to make submissions or observations on substantial changes to planning application proposals arising from direct additional information requests by planners in the Council;

Therefore REQUESTS the Chief Executive to ensure that the policy and practice of this Planning Authority in classifying whether additional information is ‘significant’ does, in future, comply fully with the Ministerial Guidelines, particularly in ensuring that the impact on the environment and/or the effects on third parties are fully respected; which in turn can only benefit and strengthen the planning system.

 

Mot (9)
Submitted by:
Councillor J. Graham
Responsibility:
Tom O'Neill

That South Dublin County Council offer our congratulations to "Junt Per Si", the Catalan Separatist Alliance in their recent election victory. Accordingly we recognise the clear endorsement & mandate for an Independent Catalan State stemming from this victory. We therefore call on the Spanish Government to honour the democratic will of the Catalan people.

Mot (10)
Submitted by:
Councillor G. O'Connell
Responsibility:
Billy Coman

Given the scale of the current housing crises, given the recent statement by the Minister responsible that funding is not a barrier and given that the real solution involves long term planning and collaboration between the statutory, voluntary and private sectors, this Council determines to adopt a County housing emergency and hereby agrees as a first step to set up an all grouping housing committee to work with the Council Executive and with all other stakeholders to solve the housing crises in this County.

Mot (11)
Submitted by:
Councillor L. O'Toole
Responsibility:
Anne Hyland

That this council requests that the Chief Executive confirms that the change of ownership of land within an SDZ does not alter in anyway the obligation required under the granted planning permission.

Mot (12)
Submitted by:
Councillor R. Nolan
Responsibility:
Tom O'Neill

That this Council calls on Health Minister Leo Varadkar to update the leaflet giving to parents of 1st year secondary school girls who will receive the cervical cancer vaccine Gardasil. That this leaflet includes the results from the HPRA report issued in may 2015 which shows 846 reports of suspected HPV vaccine adverse reactions since the schools program launched here in 2010. Also to include the countries that have stopped the Gardasil program, thus giving a more informative choice to the parents of these girls.

Mot (13)
Submitted by:
Councillor A-M. Dermody
Responsibility:
Tom O'Neill

That this Council calls on the Minister for Education to bring parity for the hundreds of secretaries and caretakers employed directly by the Boards of Management of schools with the terms and conditions of similar personnel employed by the Department. The staff concerned are paid directly by the schools through an ancillary grant and are paid a variety of rates, but virtually all are believed to receive amounts below the common pay scales of those paid directly by the Department of Education.

Mot (14)
Submitted by:
Councillor C. O'Connor
Responsibility:
Billy Coman, Marie Kavanagh

That this Council calls on the Chief Executive  to present an update on the progress being made in this County, since the announcement made by Ministers Alan Kelly TD and Paudie Coffey TD on May 5 last, in respect of the projects which were approved to kick start the major social housing construction programme to be built as part of phase 1 of the social housing strategy and will he detail in his statement the exact progress made on each of the 7 projects in this County which were included in that announcement and totalled 203 units at a cost of 40.8 million euros and also include estimates of when the units will be completed and available for occupation and will he also supply full details, by grade and department, of the proportion of the "approximately 3,000 additional housing staff in local authorities including planners and architects" (as stated by the Ministers) involved in delivering the programme in this County and so demonstrate that this County  is seriously and aggressively tackling, in the words of the Ministers, this housing crisis and confirm that it will have an impact on housing waiting lists.

 

Mot (15)
Submitted by:
Councillor M. Devine
Responsibility:
Rosaleen Dwyer

That this council support the All-Ireland Pollinator Plan 2015-2020 by identifying actions that can be taken on farmland, public land and private land. To make SDCC more pollinator friendly and prevent the threat of extinction to one third of our wild bees.

Mot (16)
Submitted by:
Councillor B. Leech
Responsibility:
Philip Murphy

That the members of this chamber call on the SDCC to radically reduce the price of their hourly rates in the County's Leisure Centre's to a more affordable level for local football teams who wish to use these facilities.

 

Mot (17)
Submitted by:
Councillor F. Timmons
Responsibility:
Tom O'Neill

That this Council supports the decriminalisation of drug use, meaning that people will no longer be made criminals simply because of their use of a drug: that people’s drug use should be dealt with as a public health issue rather than as a criminal issue and that the resources currently used to process the 72% of drug convictions that are for personal possession should be redirected to treatment and support services and to more effective policing of the drugs trade.

Mot (18)
Submitted by:
Councillor C. Brophy
Responsibility:
Billy Coman, Eddie Conroy

That this council conducts a review of all part 8 processes passed in the last 12 months to ensure that the implementation of the part 8 work complies with the original part 8 and that from now on, all Council part 8 processes must adhere to the same standards of detail and information that would be expected in a normal planning applications.

Mot (19)
Submitted by:
Councillor P. Donovan
Responsibility:
Frank Nevin

That this Council undertakes a review of legal Title to all green space maintained by the public realm teams in the Council and to publish the outcome of that review to Area committees in 2016.

Mot (20)
Submitted by:
Councillor L. Dunne
Responsibility:
Hugh Hogan

This Council expresses its concerns that the proposed use of modular housing as an emergency accommodation may result in families being housed long term in such units.  We also are concerned that the purchase of modular homes may not represent the best value for money.

We call on the Minister of Environment to allow the Council to use the allocation of funds for modular units to purchase houses on the private market where such purchases represent better value for money than the purchase of modular homes and where they provide better quality accommodation to meet the homeless needs of homeless households. 

Mot (21)
Submitted by:
Councillor E. O'Brien
Responsibility:
Billy Coman

That this Council, alters it current policy in relation to applications for consent to sales under Section 90 of the Housing Act 1966 and dispense with the requirement for a purchaser to obtain confirmation from Revenue that they have never previously received mortgage interest relief and thus effectively requires a proposed purchaser to be a first time buyer. 

Mot (22)
Submitted by:
Councillor D. O'Donovan
Responsibility:
Leo Magee, Brian Sheehan

That the Manager allows dog owners to have their dogs off lead between specified hours in parks throughout the County.  For example, it is permitted to have your dog off the lead, but still under your control between the hours of 8am and 11am in specified SDCC parks.  

Mot (23)
Submitted by:
Councillor D. Looney
Responsibility:
John O'Connor

That this Council seeks to put in place a scheme by which Gardaí, along with Council officials and school management, attend all primary and secondary schools in the County at peak opening and closing times, in order to deal with the road safety issues being reported at many of our local schools.

Mot (24)
Submitted by:
Councillor G. O'Connell, Councillor P. Gogarty, Councillor L. O'Toole
Responsibility:
Tom O'Neill

That this Council invites the Minister for the Environment, Community and Local Government to meet with the members to discuss how we can address the homelessness and housing situation in South Dublin County, and specifically to examine the following:

- The possibility of lending institutions becoming landlords on properties that are being repossessed (now or in the future) by banks due to the landlord failing to pay the mortgage, on the properties where the existing tenants are paying the rent especially with a good payment history; and

- The potential of SDZs to assist in dealing with the crisis by fast-tracking housing provision alongside essential community facilities and infrastructure.

Mot (25)
Submitted by:
Councillor C. Brophy
Responsibility:
Tom O'Neill

That this council calls on the Minister for the Environment to undertake a full review of the use of Round-Up weedkiller by Local Authorities to assess the impact to public health, pets and wildlife in light of recent publications highlighting the  risks the use of this chemical can pose