Agenda - March 2011 County Council Meeting

Back to Meetings
Date:
14/03/2011 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 14th February 2011

(circulated herewith)

H-I (2)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Corporate Performance and Change Management Directorate

FILLING OF CASUAL VACANCY ON SOUTH DUBLIN COUNTY COUNCIL IN ACCORDANCE WITH S.19 OF LOCAL GOVERNMENT ACT 2001 FOLLOWING THE ELECTION TO DAIL EIREANN OF COUNCILLOR SEAN CROWE

(circulated herewith)

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

FILLING OF CASUAL VACANCY ON SOUTH DUBLIN COUNTY COUNCIL IN ACCORDANCE WITH S.19 OF LOCAL GOVERNMENT ACT 2001 FOLLOWING THE ELECTION TO DAIL EIREANN OF COUNCILLOR ROBERT DOWDS

(circulated herewith)

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

FILLING OF CASUAL VACANCY ON SOUTH DUBLIN COUNTY COUNCIL IN ACCORDANCE WITH S.19 OF LOCAL GOVERNMENT ACT 2001 FOLLOWING THE ELECTION TO DAIL EIREANN OF COUNCILLOR DEREK KEATING

(circulated herewith)

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

FILLING OF CASUAL VACANCY ON SOUTH DUBLIN COUNTY COUNCIL IN ACCORDANCE WITH S.19 OF LOCAL GOVERNMENT ACT 2001 FOLLOWING THE ELECTION TO DAIL EIREANN OF COUNCILLOR EAMONN MALONEY

(circulated herewith)

H-I (6)
Submitted by:
Mary Maguire
Responsibility:
Corporate Performance and Change Management Directorate

FILLING OF CASUAL VACANCY IN THE OFFICE OF MAYOR, SOUTH DUBLIN COUNTY COUNCIL OR ANY CONSEQUENTIAL VACANCY IN ACCORDANCE WITH S. 38 LOCAL GOVERNMENT ACT 2001 

(circulated herewith)

H-I (7)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Roads Department, Housing Administration, Planning Not is use

REPORT OF AREA COMMITTIES

a) Rathfarnham Area Committee -  8th February 2011

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

(no report)

b) Clondalkin Area Committee - 16th February 2011

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

(no report)

c) Tallaght Area Committee (1) -  21st February 2011

Dealing with Comunity (1 report - Community Grants), Environment, Housing

(circulated herewith)

d) Lucan Area Committee - 22nd February 2011

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

(circulated herewith)

e) Tallaght Area Committee (2) - 28th February 2011

Dealing with Roads, Planning, Development & Parks, Corporate Services & Libraries

(no report)

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

STANDING COMMITTEES - ORGANISATION, PROCEDURE AND FINANCE COMMITTEE

(no report)

H-I (9)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Teresa Walsh, Frank Nevin

STRATEGIC POLICY COMMITTEES

a) Economic Development (incl. Planning and Development) SPC

(i) Report of Meeting of 9th February 2011

(ii) Minutes of Meeting 10th November 2010

(all circulated herewith)

b) Arts, Culture, Gaeilge, Education & Libraries SPC

(i) Report of Meeting 28th February 2011

(ii) Minutes of Meeting 22nd November 2010

(all circulated herewith)

H-I (10)
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:
Sen. C. Keane
Responsibility:
John Quinlivan, Colm Ward, Sheila Kelly, Rachel Jackson

To ask the Manager for an up to date report on the Dog Pound used by this council -1.  the facilities available,   2. no. of inspections carried out in the last 3 years, -   3. results of same;   4. total nos. of dogs in pound used by SDCC - 5. and conditions laid down in legislation to ensure dogs have habitable happy homes when in pound also staff ratio etc. etc.     6. Nos. of dogs impounded in 2010 in SDCC administrative area & statistics to compare with 3 previous years;  7. Nos. of Dog wardens employed by SDCC;  Nos. of Dogs in SDCC admin. area - with licence;  and without licence (if there is any way of checking this?).  8. The administrative & operative cost to this council for the past 3 years?

Qu (2)
Submitted by:
Councillor W. Lavelle
Responsibility:
Sheila Kelly

To ask the Manager, further to discussions on my motion at the February meeting, to provide an update on my proposal to designate inspectors from the Dublin SPCA as 'Authorised Officers'  in accordance with section 3 of Control of Horses Act 1996?

Qu (3)
Submitted by:
Councillor W. Lavelle
Responsibility:
Colm Ward

To ask the Manager to advise on the proposed location of litter bins to be installed during 2011 and to further advise if residents association were to independently fund and arrange for the installation of an approved model of litter bin in their estate whether the council would agree to remove the contents as part the regular bin-cleansing rota?

Qu (4)
Submitted by:
Councillor W. Lavelle
Responsibility:
Frank Nevin

To ask the Manager to update on discussions with the land-owners/developers of the Liffey Valley Town Centre lands (spanning both the Lucan and Clondalkin electoral areas) on their future plans following the recent planning refusal by an Bord Pleanala?

Qu (5)
Submitted by:
Councillor W. Lavelle
Responsibility:
Michael Fagan

To ask the Manager to provide details on any binding pre-2010 Part V agreements entered into with private developers for social and affordable housing units not yet acquired, including details of the location of the development, number and types of units to be acquired and agreed costs per unit?

Qu (6)
Submitted by:
Councillor T. Ridge
Responsibility:
Michael Fagan

To ask the Manager,  1. Numbers on all lists and  2. Proposals as to how these applicants can be housed.  3. Is this Council going to acquire empty /unsold and partly finished houses and apartments?

Qu (7)
Submitted by:
Councillor E. Tuffy
Responsibility:
Yvonne Dervan, Jim Kilgarriff

To ask the Manager for an updated Report on the Review of the Council's 5 Year Playground Programme, and if he will confirm that as part of the Review the possibility of providing small local playgrounds in small local parks and estate open spaces is being considered?

Qu (8)
Submitted by:
Councillor E. Tuffy
Responsibility:
Colm Ward

To ask the Manager if he will provide an updated Report on the Strategic Review of the Council's household bin collection  system, and if he will confirm that the support of the councillors for the preservation of the waver system for low income families is being fully taken into account in the review?

Qu (9)
Submitted by:
Councillor E. Tuffy
Responsibility:
Colm Ward

To ask the Manager for an updated Report on the Strategic Review of the Council's household bin collection system, and if  he will confirm that the Review is having full regard to the formally adopted view of the elected members that the bin collection system should continue to provided by the Council, that the Black and Brown Bins should be managed and collected  by Council staff and that a majority of the elected members are opposed to the privatization of the system? 

Headed Items

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

DECLARATION OF ROADS TO BE PUBLIC ROADS

(no reports)

H-I (12)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Housing Administration, Development, Econ. & Transport Planning Dept.

PROPOSED DISPOSAL OF PROPERTIES/SITES

(all circulated herewith)

b)  Proposed disposal of area of land adjacent to 10 Newlands Avenue, Clondalkin, Dublin 22 to Brian D. Walsh


c)  Proposed disposal of strip of land at rear of 18-20 Maple Grove,Rathcoole, Co. Dublin to  Antoinette & Fintan King and Mary & Denis McHugh, the residents of 18 & 20 Maple Grove respectively.


d) Proposed Transfer of Land at Castlewarden, Straffan, Co. Kildare to Philip Murphy


a) Proposed Disposal of Affordable Dwellings

(no report)

H-I (13)
Submitted by:
Roads Department
Responsibility:
John McLoughlin

PART 8 REPORT - PROPOSED RATHFARNHAM QBC ENHANCEMENTS

(circulated herewith)

H-I (14)
Submitted by:
Roads Department
Responsibility:
Thomas Curtin

PROPOSED EXTINGUISHMENT OF THE PUBLIC RIGHT OF WAY OVER LANEWAY TO SIDE AND REAR OF 16 TYMONVILLE DRIVE AND REAR OF 12 - 14 TYMONVILLE DRIVE, TALLAGHT

(circulated herewith)

H-I (15)
Submitted by:
Mary Maguire
Responsibility:
Mary Maguire

2010 AUDIT COMMITTEE ANNUAL REPORT

(circulated herewith)

H-I (16)
Submitted by:
Mary Maguire
Responsibility:
Frank Nevin

MINISTER FOR DEFENCE'S COMMENTS ON COUNTY DEVELOPMENT PLAN  (AERODROME AT BALDONNEL)

(circulated herewith)

H-I (17)
Submitted by:
Mary Kelly - Finance
Responsibility:
Clodagh Henehan, Finance Department, Mary Kelly - Finance

COUNCIL APPROVAL FOR BORROWING IN 2011 FOR COMPLETION PHASES OF FINAL CAPPING AT ARTHURSTOWN LANDFILL

(circulated herewith)

H-I (18)
Submitted by:
Des English
Responsibility:
Housing Administration, Des English

2011 FIXED-TERM TENANT PURCHASE SCHEME FOR LONG-STANDING TENANTS

(circulated herewith)

H-I (19)
Submitted by:
Community Services
Responsibility:
Community Services, Fiona Brown

NEILSTOWN BOXING CLUB - APPROVAL OF REGISTRATION OF CHARGE IN FAVOUR OF THE MINISTER FOR TOURISM, CULTURE AND SPORT

(circulated herewith)

Correspondence

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

Ministerial

Letter, dated 08th February 2011, from Minister for Community, Equality & Gaeltacht Affairs in further reply to SDCC's letter of 15/01/2010 regarding Drugs Funding ( M12 January 2010, item no. 21543)

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

Ministerial

Letter, dated 17th February 2011, from Minister for Defence regarding the County Development Plan

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

Ministerial

Letter, dated 22nd February 2011, from Minister for Enterprise, Trade & Innovation in further reply to SDCC's letter of 15/01/10 regarding Minimum Wage  ( M1 December 2010, item no. 26061)

Cor (4)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Corporate Performance and Change Management Directorate

2 x Letters, by email dated 14th February 2011, from Galway City Council regarding:-

 (1) sentencing of Sakineh Ashtiani to Death by Stoning;  (2) Magdalen Laundries.

Cor (5)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Corporate Performance and Change Management Directorate

Letter, dated 24th February 2011, from Monaghan Town Council regarding votes for the Irish Diaspora

Motions

Mot (1)
Submitted by:
Councillor T. Ridge
Responsibility:
Yvonne Dervan, Colm Ward

That a report be brought to this committee re road margins and open spaces owned or maintained by this council where youths congregrate for drinking and drugging activities resulting in debris (needles and broken bottles) being discarded on these spaces to the danger of young children, my query is to ascertain whose responsibility is the removal of this detritus.

Mot (2)
Submitted by:
Councillor W. Lavelle
Responsibility:
Colm Ward

That this Council, further to discussions at the February 2011 Council meeting, requests the Manager to present a detailed report on the implementation and outcomes of the now-lapsed County Litter Management Plan 2008-2010, with particular reference to the implementation plan for Objective 1 i.e. to "identify litter black-spots and organise an operational plan to eliminate them"; and to further request the Manager to again consider my repeated requests to expand the council's hand-cart services to areas of the county, such as Lucan South, where residents' groups are very active in arranging community clean-ups but where there is currently no permanent regular cleansing service as exists in other urban areas of the county, given that such a hand-cart service could be most beneficial in helping to eliminate litter black-spots.

Mot (3)
Submitted by:
Councillor M. Corr
Responsibility:
Paul Fleming

That this Council calls on Garda Management to give a commitment to ensure that their vetting process for housing allocations takes no longer than 28 days, as the extremely lengthy delays in the current  Garda vetting process are severely punitive and unacceptable and deny the timely progession of eligible families into their new homes/schemes.

Mot (4)
Submitted by:
Sen. C. Keane
Responsibility:
Abe Jacob, Philomena Poole, Eddie Conroy, Mary Maguire

That this Council recommends that South Dublin County Council signs up to The Covenant of Mayors which is a commitment by signatory towns and cities and counties to go beyond the objectives of EU energy policy in terms of reduction in CO2 emissions through enhanced energy efficiency and cleaner energy production and use.

Mot (5)
Submitted by:
Councillor J. Lahart
Responsibility:
Philip Murphy

That this Council considers the merits and legality of introducing bye laws requiring house occupiers to clear snow from driveways and footpaths in front of their homes

Mot (6)
Submitted by:
Councillor C. King
Responsibility:
Mary Maguire, Sean O'Byrne

That this Council invites the Chief Executive of the HSA (Health & Safety Authority) Martin O'Halloran to present a report to this Chamber on the impact of HSA regulations and Guidelines on this Council in relation to Road Maintenance and grass cutting etc and the interpretations of these regulations by the City and County Manager's Association.

Mot (7)
Submitted by:
Councillor T. Delaney
Responsibility:
John McLoughlin

That this Council recognises the serious issue of pedestrian safety along the Newcastle Road in Lucan but insists that the proposed implementation of a local HGV ban coincides with a lifting of the existing HGV ban on the Outer Ring Road.

Mot (8)
Submitted by:
Councillor E. Tuffy
Responsibility:
Frank Nevin

That this Council compliments the Manager on his initiative to Improve Business Competitiveness in South Dublin County and requests the Manager to present a Report on the Initiative, including actions taken and planned at the March Council Meeting.

Mot (9)
Submitted by:
Councillor T. Ridge
Responsibility:
Paul Hogan

That an update be given re Geothermal site at Greenogue Newcastle.

Mot (10)
Submitted by:
Sen. C. Keane
Responsibility:
Frank Nevin

That this Council discuss the result of the talks that have taken place with NAMA and the County and City Managers Associations re the shortfall in development levies - taking into consideration that Councils issue the certificate of compliance which can only be issued when development contributions are paid to the satisfaction of the local authority. That the course of action to be taken on each development in the SDCC area be discussed and agreed with this council, this discussion to take place with the aid of an up to date report on outstanding development levies of circa 34m  broken down into (a) not developed (b) partially developed (c) completed developments; as levies are only collectable on completed works, and to state the current economic value of outstanding levies.   

Mot (11)
Submitted by:
Councillor J. Lahart
Responsibility:
Philip Murphy

That this Council considers the merits and legality of introducing bye laws requiring house occupiers to clear snow from driveways and footpaths in front of their homes to maintain the grass verges in front of their homes

Mot (12)
Submitted by:
Councillor W. Lavelle
Responsibility:
Frank Nevin, Jim Walsh (Roads Business)

That this council requests the Manager to present a detailed report for discussion on all matters, including subsequent planning processes, pertaining to the land-swap agreement approved by councillors in November 2006 in which this council disposed of 41.5 acres of land at Balgaddy/Kishogue to Shelbourne Developments in return for 42.56 acres of land at Cooldrinagh; and in particular to advise if this land-swap has ever been subject to an external value-for-money audit or review.

Mot (13)
Submitted by:
Councillor E. Tuffy
Responsibility:
Clodagh Henehan

That this Council reaffirms its view that South Dublin County Council continues to be treated unfairly in the matter of the allocation it receives per head of population from the Local Government Fund and requests the Manager to write to the Minister responsible for Local Government seeking a meeting to discuss the unfair treatment of SDCC.