Agenda - October 2016 County Council Meeting

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Date:
17/10/2016 15:30
Location:
Council Chamber
Standing Orders:

Headed Items

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

CONFIRMATION AND RE-AFFIRMATION OF MINUTES

H-I (2)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
A//Director of Housing, Social & Community Development, Director of Environment, Water & Climate Change , Director of Land Use Planning & Transportation

REPORTS OF AREA COMMITTEES

a) Rathfarnham/Templeogue-Terenure Area Committee - 10th May 2016

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

(No report)

b) Clondalkin Area Committee - 18th May 2016

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

(No report)

c) Tallaght Area Committee - 23rd May 2016

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

(No report)

d) Lucan Area Committee - 24th May 2016

Dealing with Environment, Public Realm, Water & Drainage, Housing, Community, Planning, Transportation, Economic Development, Libraries & Arts (1 report Arts Grant),  Corporate Support, Performance& Change Management

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

STANDING COMMITTEES - ORGANISATION, PROCEDURE & FINANCE

(No Reports)

H-I (4)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
A//Director of Housing, Social & Community Development, Director of Economic, Enterprise & Tourism Development , Director of Environment, Water & Climate Change , Director of Land Use Planning & Transportation

STRATEGIC POLICY COMMITTEES

a) Social & Community Development SPC

     (i)    Report of meeting of 20th September 2016

     (ii)   Minutes of meeting of 31st May 2016

 

b) Land Use Planning & Transportation SPC

     (i)    Report of meeting 29th September 2016

     (ii)   Minutes of meeting of 26th May 2016

H-I (5)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
A//Director of Housing, Social & Community Development
H-I (6)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Director of Corporate Performance & Change Management

REPORTS REQUESTED BY AREA COMMITTEES

(No Reports)

Questions

Qu (1)
Submitted by:
Councillor E. Fanning
Responsibility:
Director of Environment, Water & Climate Change

To ask the Chief Executive for details of the Council's policy on the management of bins in public parks:

(a) Are bins being reduced in number?

(b) Are adequate staff supplied for the emptying of existing bins?

(c) Can requests be made for additional bins by those living locally?

Qu (2)
Submitted by:
Councillor S. Holland
Responsibility:
A//Director of Housing, Social & Community Development

To ask the Chief Executive whether adult children who are permanently residing at a property were their parents are the long term tenant can be added to a tenancy.  I recently had a case where a request for this was denied - please outline whether this is decided by law or by our housing department.

Qu (3)
Submitted by:
Councillor W. Lavelle
Responsibility:
Director of Corporate Performance & Change Management

To ask the Chief Executive an update on plans to develop a Council Apprenticeship Scheme?

Qu (4)
Submitted by:
Councillor W. Lavelle
Responsibility:
Director of Environment, Water & Climate Change

To ask the Chief Executive to outline the Council’s plans for dealing with the serious problem of misconnections of domestic foul water drainage systems resulting in pollution of the surface water drainage system and of rivers and streams as such as the Griffeen?

Qu (5)
Submitted by:
Councillor W. Lavelle
Responsibility:
Director of Environment, Water & Climate Change

To ask the Chief Executive to outline plans to enhance the management and delivery of public realm maintenance in our County’s Villages?

Qu (6)
Submitted by:
Councillor W. Lavelle
Responsibility:
Director of Environment, Water & Climate Change

To ask the Chief Executive to provide a revised timetable for the Pavilions Programme and to advise on whether revised Part 8 planning proposals will need to be prepared and considered?

Qu (7)
Submitted by:
Councillor W. Lavelle
Responsibility:
Director of Land Use Planning & Transportation

To ask the Chief Executive to provide an update on the preparation of the new protocol for coordinated multiagency response on the M50 and to seek a copy of the protocol?

Qu (8)
Submitted by:
Councillor D. Looney
Responsibility:
A//Director of Housing, Social & Community Development

To ask the Chief Executive to provide a report on the number of community groups who have sought grants through the Community Grants Scheme for 2015 and 2016; to state the amount applied for; to state the amount granted; and to make a statement on the matter.

Qu (9)
Submitted by:
Councillor D. Looney
Responsibility:
Director of Land Use Planning & Transportation

To ask the Chief Executive, in the light of concerns expressed regarding building standards across the country, if the Council has informed any resident or tenant where the Council has identified problems in dangerous or defective housing; to ask what steps have been taken to ensure that defective or non-compliant housing is not being built at present or into the future; and to ask if the Council are satisfied to rely on the 2014 Building Control Amendment Regulations (BCAR) or if further measures will be taken to ensure full compliance.

Qu (10)
Submitted by:
Councillor D. Looney
Responsibility:
A//Director of Housing, Social & Community Development

To ask the Chief Executive if the Council will accept BCAR certificates from developers in the case of Part V units, or will other measures be taken to ensure compliance; to ask what reassurance the Council will give to tenants/residents in those Part V units; and to ask if the Council will have liability in the future regarding such units.

Qu (11)
Submitted by:
Councillor D. Looney
Responsibility:
A//Director of Housing, Social & Community Development

To ask the Chief Executive if the Council have received a copy of the report of the Steering Group on Fire Safety Review, and if so what action has been taken, or is planned, with regard to this.

Qu (12)
Submitted by:
Councillor K. Mahon
Responsibility:
A//Director of Housing, Social & Community Development

Can the Chief Executive please provide a breakdown on the number of Local Authority units allocated so far in 2016 and the basis on which they were awarded?

Qu (13)
Submitted by:
Councillor E. Murphy
Responsibility:
Director of Land Use Planning & Transportation

To ask the Chief Executive if there is provision to extend the '30 minutes free parking' in the villages in the County to users of the mobile parking apps such as 'ParkingTag'?

Qu (14)
Submitted by:
Councillor C. O'Connor
Responsibility:
Director of Environment, Water & Climate Change

To ask the Chief Executive to outline the procedures in respect of dealing with reports of abandoned vehicles in Estates and in reporting will he give details of the number of such reports received by the Council so far in this calendar year.

Qu (15)
Submitted by:
Councillor C. O'Connor
Responsibility:
A//Director of Housing, Social & Community Development

To ask the Chief Executive to confirm what actions he regularly takes to ensure the effective observance of all Health & Safety regulations at Traveller sites throughout the county and in reporting will he give assurances following a recent National report which raised concerns in respect of the issue throughout the country.

Qu (16)
Submitted by:
Councillor C. O'Connor
Responsibility:
Director of Environment, Water & Climate Change

To ask the Chief Executive to present an update on the progress of the Tree Maintenance programme throughout our county and will he also confirm if the programme includes regular checks on Trees in Parks and Open Spaces.

Qu (17)
Submitted by:
Councillor C. O'Connor
Responsibility:
A//Director of Housing, Social & Community Development

To ask the Chief Executive to confirm if he is maintaining contact with the Minister for Housing, stressing the need for additional funding to continue his actions to deal with the Housing/Homeless crisis in our county and in reporting will he confirm the number of applications currently being considered.  

Qu (18)
Submitted by:
Councillor C. O'Connor
Responsibility:
A//Director of Housing, Social & Community Development, Director of Environment, Water & Climate Change

To ask the Chief Executive to confirm his continued efforts to promote Volunteerism throughout our county and in reporting will he outline initiatives being taken in that regard.

Qu (19)
Submitted by:
Councillor D. Richardson
Responsibility:
Director of Economic, Enterprise & Tourism Development

To ask the Chief Executive for an update on the Hellfire club project and when work will commence once we get the go ahead from the Board 

Qu (20)
Submitted by:
Councillor F. Timmons
Responsibility:
A//Director of Housing, Social & Community Development

To ask the Chief Executive for a detailed report on the Homeless Crisis in South Dublin County? To include figures and as much detail as possible.

Qu (21)
Submitted by:
Councillor F. Timmons
Responsibility:
Director of Corporate Performance & Change Management

To ask the Chief Executive for an Organisational chart to be provided and accessible to all groups within SDCC. To ask that chart is provided as part on this question.

Qu (22)
Submitted by:
Councillor F. Timmons
Responsibility:
County Architect

To ask the Chief Executive what is happening re Street Furniture? What does it consist of and where will the furniture be located. Are the Tenders finalised for the street furniture tender and when will they be issued via etenders?

Qu (23)
Submitted by:
Councillor F. Timmons
Responsibility:
Director of Land Use Planning & Transportation

To ask the Chief Executive what criteria do SDCC go by to allow planning for takeaways - what 'density' do. they use? can as much detail be given as possible?

Qu (24)
Submitted by:
Councillor F. Timmons
Responsibility:
A//Director of Housing, Social & Community Development

To ask for a progress report for the following agreed motion at development plan June 15

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, June 18, 2015

MOTION NO. 97

MOTION: Councillor F. Timmons

That a core objective of SDCC will be that youth cafes and safe meeting places for teenagers will be looked at being provided in Local Community centres and such facilities that may be unused in the evening times in an effort to provide much needed facilities for the 13-19 age group.

Headed Items

H-I (7)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Director of Land Use Planning & Transportation

DECLARATION ROADS TO BE MADE PUBLIC ROADS

(No Report)

H-I (8)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
A//Director of Housing, Social & Community Development, Director of Economic, Enterprise & Tourism Development

PROPOSED DISPOSAL OF PROPERTY/SITES

H8a) Acquisition by Purchase of Fee Simple - 171 St. Malruans Park, Tallaght, Dublin 24


H8b) Acquisition by Purchase of Fee Simple - 35 Palmer Park, Ballyboden, Dublin 16


H8c) Acquisition by Purchase of Fee Simple - 119 Arthur Griffith Park, Lucan, Co. Dublin


H8d) - Proposed disposal of ESB substation sites within Grange Castle Business Park


H8e) - Proposed disposal of 2 plots of land at Foxdene, Balgaddy, Clondalkin to St. L. O'Toole Diocesan Trust

H-I (9)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Chief Executive
H-I (10)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Chief Executive
H-I (11)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Director of Corporate Performance & Change Management

CHAIR OF AUDIT COMMITTEE TO PRESENT REPORT ON THE AUDIT COMMITTEE FINDINGS ON  AFS 2015

Committee’s report to Council on their consideration of the Audited Financial Statement 2015 and Auditor’s Report. 

 

H-I (12)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Director of Finance

2015 AUDIT OF ACCOUNTS

H-I (13)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Director of Environment, Water & Climate Change

Presentation from Office of Public Works on Draft Flood Management Plans for the East CFRAM Project

Correspondence

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

Letter from Carlow County Council dated 27th September regarding Irish Water.

Motions

Mot (1)
Submitted by:
Councillor G. O'Connell
Responsibility:
Director of Corporate Performance & Change Management

Mayors Business

That this Council supports the efforts of the Survivors of Church and State Institutional Abuse to have their rights and their reputations vindicated and the dignitary of themselves and their families restored.

Mot (2)
Submitted by:
Councillor G. O'Connell
Responsibility:
Director of Corporate Performance & Change Management

Mayors Business

That this Council concerned at the need for sustainable funding for local government and services and being dissatisfied with the unfair and unworkable elements of the current Local Property Tax, calls on the Minister for Housing, Planning and Local Government and the Minister for Finance to amend the relevant legislation so as to provide for a system of funding for Local Government that is based on the provision of local services; on site value not property value; that is linked on ability to pay; that is linked to general taxation; and, that enables Local Authorities to engage with their citizens in setting service levels, in determining budgets and in levying charges. That the Chief Executive convey the contents of this motion to the above Ministers and that a copy be circulated to all City and County Councils and to the AILG.

Mot (3)
Submitted by:
Councillor G. O'Connell
Responsibility:
Director of Corporate Performance & Change Management

Mayors Business

That this Council request that the Chief Executive write to the Minster for Education and Skills calling for the restoration of funding for the Special Needs Assistants Service and that funding for such services “follow the Participant” throughout their compulsory schooling period.

Mot (4)
Submitted by:
Councillor V. Casserly
Responsibility:
Director of Environment, Water & Climate Change

To call on the Chief Executive in support of Health and Wellbeing in our County apply a No Smoking Ban within 10 metres of our Playgrounds and Playspaces as illustrated in attachment as an innovative measure to improve these spaces in our Community.

Mot (5)
Submitted by:
Councillor M. Johansson
Responsibility:
Director of Corporate Performance & Change Management

This Council calls on the new Government to immediately call a referendum to repeal the 8th amendment from the constitution.

Mot (6)
Submitted by:
Councillor D. O'Brien, Councillor J. Graham
Responsibility:
A//Director of Housing, Social & Community Development

This Council agrees that any rapid build emergency accommodation provided by South Dublin County Council should be equally divided between all five local electoral areas and should not be exclusively concentrated in areas that already have a high density of social housing.

Mot (7)
Submitted by:
Councillor D. Looney
Responsibility:
Director of Finance

That the Council agrees to roll out a participatory budgeting pilot scheme in one electoral area for the 2017 Council Budget.

Mot (8)
Submitted by:
Councillor C. King
Responsibility:
A//Director of Housing, Social & Community Development

That this Council calls on the Chief Executive to explore using European Funding provided through the ESF & RDF to provide for the roll out of smart ventilation systems in Council homes to tackle the growing problem of mould growth in homes which seems to have developed with the upgrading of heating and insulation systems over recent years. This growth of mould spores is having a negative impact on tenants health and disproportionately on children's health in these homes. 

Mot (9)
Submitted by:
Councillor T. Gilligan
Responsibility:
Director of Environment, Water & Climate Change

That this Council agrees to repossess any derelict or overgrown allotments in SDCC after a specific time frame and 1 warning sent out to plot holders.

Mot (10)
Submitted by:
Councillor W. Lavelle
Responsibility:
Director of Environment, Water & Climate Change

That this Council calls on the Chief Executive to review the policy and practice in relation to both the removal of weeds (including along roads, at the edges of open spaces and along watercourses) and the trimming of briars (particularly where they may protrude onto pedestrian and cycle routes) with a view to ensuring more the effective and timely programming of works during Spring and Summer months.

Mot (11)
Submitted by:
Councillor C. O'Connor
Responsibility:
A//Director of Housing, Social & Community Development

That this Council calls on the Chief Executive to confirm his commitment to the local Policing Forum programme and will he also confirm that the programme will be properly managed and resourced and in reporting will he give details of the meetings held by each of the Forums operating in our County since June 2014 and will he make a full statement in the matter.

Mot (12)
Submitted by:
Councillor C. McCann
Responsibility:
Director of Environment, Water & Climate Change

This Council calls on the Chief Executive to make amendments to the bye law regarding jurisdiction of motor bikes/scramblers in South Dublin County parks to give the Gardai stronger powers in dealing with the ongoing problems we are experiencing County wide.

Mot (13)
Submitted by:
Councillor R. Nolan
Responsibility:
Director of Corporate Performance & Change Management

That this Council calls on the Minister for the Environment to reimburse the monies paid to Irish Water by family households to date. 

Mot (14)
Submitted by:
Councillor S. Holland
Responsibility:
Director of Corporate Performance & Change Management

That this Council write to the Minister for Housing, Planning and Local Government and ask that he immediately proceed with a review of the powers of local Government with a view to reinstating the functions that were eroded over years and taking steps to make local Government a functioning democracy.

Mot (15)
Submitted by:
Councillor E. Fanning
Responsibility:
Director of Environment, Water & Climate Change

That this Council calls for the banning of any use of glyphosate in or close to public parks, public playgrounds and public gardens. (Glyphosate is a broad-spectrum systemic herbicide and crop desiccant used to kill weeds, especially annual broadleaf weeds and grasses)

Note: In April of this year MEPs asked the European ?Commission to reassess its approval of glyphosate in the light of its pending classification by the European Chemicals Agency (ECHA) due to links to causing cancer and the disruptive impact on a person's endocrine system.

Mot (16)
Submitted by:
Councillor B. Lawlor
Responsibility:
Director of Environment, Water & Climate Change , Director of Land Use Planning & Transportation

That this Council reaffirms the need for full compliance with condition No. 11 of the report on the disposal of the site at Killinniny Road, Firhouse to the Minister for Education and Skill as approved by the elected members by way of resolution at the December 2014 meeting of this Council, in accordance with Section 211 of the Planning and Development Act, 2000 and subject to the provisions of Section 183 of the Local Government Act, 2001. (Note condition 11 states: “That no construction shall take place on site until such time as the existing football pitch within the lands to be disposed of has been re-located to the adjacent green area.  The re-location of this pitch to be a matter for the Council.  Consultation with, and agreement on, the timetable for relocation to be agreed between South Dublin County Council and Firhouse Carmel Football Club no later than 30th June 2015.”)

Mot (17)
Submitted by:
Councillor B. Bonner
Responsibility:
Director of Land Use Planning & Transportation

This council requests that the Dublin Flag should be flown from the Civic offices in Tallaght and Clondalkin during the Championship season and that the council would make an effort to ensure that it is clear to all that we, as a council,  are proud of the Dublin football and hurling teams  and their achievements;  that flag standards like those on parts of the Tallaght by pass and N81 would be installed on main approach roads to the county, particularly at county boundaries so that it might be easier to fly the Dublin colours at appropriate times with appropriately worded signage  so  that it would be clear that the Dubs are cherished every bit  as much in our county as the Tipperary team is in the Home Of Hurling. 

Mot (18)
Submitted by:
Councillor L. O'Toole
Responsibility:
A//Director of Housing, Social & Community Development

This council requests the Chief Executive to determine suitable locations for the construction of “Independent residential complexes” to address the needs of a maturing population and to free up housing stock more suitable to families through the subsequent downsizing.

The independent complex can be a mixture of both social housing and privately leased houses through “fair deal schemes”.

The concentration of mature people in an Independent living complex allows for more efficient provision of services and also helps to create a vibrant community reducing the effects of loneliness and isolation.

Mot (19)
Submitted by:
Councillor E. O'Brien
Responsibility:
Director of Corporate Performance & Change Management

That this County Council calls on the Government to immediately move legislation establishing a Judicial Council to oversee the provision of education, training and continuing professional development of judges in this jurisdiction.

Mot (20)
Submitted by:
Deputy M. Ward
Responsibility:
Director of Corporate Performance & Change Management

This Council writes to the Minister for Justice to ask her to conduct a review into the sentencing for repeat impaired drivers convicted of causing loss of life and/or serious injuries while under the influence of alcohol and/or drugs. The review should include consultation with families bereaved and the injured victims from such crimes and consider all measures which may reduce this category of crime including sentence length

Mot (21)
Submitted by:
Councillor F. Timmons
Responsibility:
Director of Corporate Performance & Change Management

That this Council supports the newly formed ''United Survivors Group'' and Endorses there mission statement and aims as outlined below, As a Council we commit to writing to the Minister for Children and the Taoiseach to convey the ethos of the groups mission and aims and to ask for a detail report on all the aims raised

Mission Statement:
 
‘’Working in Partnership for the common good of all Survivors of Church and State Institutional Abuse’’
  
0ur aims is to Campaign for:

1.      an end to the use of the Word ‘’Home’’ in reference to Mothers and Babies institutions.
2.      A Change in the terms of reference of the commission of Inquiry to include illegal adoptions and stolen babies.
3.      A State memorial garden to all Survivors.
4.      A State Apology stating that ‘’The Single Irish Females did nothing wrong’’

5.      A Church and State Redress Scheme

6.      A State supported DNA voluntary website

7.      The Establishment of a National Survivors Helpline

Mot (22)
Submitted by:
Councillor D. Richardson, Councillor C. McCann
Responsibility:
Director of Economic, Enterprise & Tourism Development

That this Council asks the manager to commission a feasibility study into providing a cable car from Tallaght to the Hell fire club as part of the Dublin mountain flagship project & tourism strategy this would be a great asset to the county and it would encourage visitors who don't drive to visit the area and it will also  help with traffic to the Dublin mountains.

To ask the manager to report back to council with the feasibility study when completed.

Mot (23)
Submitted by:
Councillor K. Egan
Responsibility:
Director of Environment, Water & Climate Change

That this Council requests the Chief Executive to present a detailed report, for discussion, on consultations with An Garda Siochána in relation to the need to update the Parks Bye-Laws to clarify the powers of Gardai in relation to the towing, storage and disposal of seized scrambler bikes and whether or not Gardaí can use Section 41 of the Road Traffic Act 1994 in relation to public parks and open spaces.

Mot (24)
Submitted by:
Councillor M. Duff
Responsibility:
Director of Corporate Performance & Change Management

That this Council congratulates the Dublin Senior Football team on retaining the Sam Maguire cup and offers it congratulations to the management team and the Dublin County Board.

Mot (25)
Submitted by:
Councillor M. Murphy
Responsibility:
Director of Corporate Performance & Change Management

Ways have been found for as long as humans have walked the earth to terminate un-wanted pregnancy. Ways which often ended with the woman being badly mutilated, poisoned or even dead. Infanticide and abandonment were other methods widely used throughout the ages and in extreme cases suicide.  It was the advent of modern medicine that made safe abortions possible and as a result terminations have been provided as a matter of right in a majority of Countries for several decades now.

This Council recognises that thousands of women have been travelling abroad, every year, for almost 50 years, to access safe legal abortion services in the UK and other Countries.

This Council believes that the state and all its institutions should not be under any religious influence and should be able to legislate to provide safe abortion services to women as a matter of choice.

This Council supports those campaigning to repeal the 8 amendment who believe the first step should be the complete removal of any reference to abortion in the Constitution.

If this motion is passed this Council will write to the relevant Government Department informing it of that decision.

Mot (26)
Submitted by:
Councillor M. Johansson
Responsibility:
Director of Corporate Performance & Change Management

That this Council supports legislation for the use of medical marijuana for medicinal purposes.

Mot (27)
Submitted by:
Councillor B. Bonner
Responsibility:
Director of Land Use Planning & Transportation

This Council contends that the school warden service should not be withdrawn from any crossing point in our County unless it can be clearly demonstrated that there is no health and safety risk to children in doing so.  Could a report be presented on the crossing points where service has been withdrawn and outline the rationale for same.

Mot (28)
Submitted by:
Councillor E. Fanning
Responsibility:
Director of Corporate Performance & Change Management

After the 15th postponement of Ibrahim Halawa's trial in Egypt on October 2nd this Council (Ibrahim's local council), asks An Taoiseach, Enda Kenny to personally contact Egypt's president, Abdel Fatah Al-Sisi, by telephone and to ask him to approve Ibrahim's release by Presidential Decree (The Presidential Decree was applied for by Ibrahim's legal team on August 18th).