Agenda - April 2011 County Council Meeting

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Date:
11/04/2011 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 South Dublin County Council, 14th March, 2011

(circulated herewith)

H-I (2)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Roads Department, Housing Administration, Planning Not is use, Parks Department

REPORT OF AREA COMMITTIES

a)  Rathfarnham Area Committee -  8th March 2011

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

b) Clondalkin Area Committee - 16th March 2011

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

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

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

d)  Lucan Area Committee - 22nd March 2011

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

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

Dealing with Roads, Planning, Development & Parks (1 report - Public Realm), Corporate Services & Libraries

(all circulated herewith)

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

STANDING COMMITTEES - ORGANISATION, PROCEDURE AND FINANCE COMMITTEE

a) Calendar of Meeting Dates

b) Report on Conferences/ Seminars

c) Report on Clondalkin and Lucan ACM Pilot

(all circulated herewith)

H-I (4)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Frank Nevin, Planning Not is use

STRATEGIC POLICY COMMITTEES

Joint Economic Development and Transportation SPC Meeting 29th March 2011

(circulated herewith)

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

FILLING OF COUNCILLOR VACANCIES ON STRATEGIC POLICY COMMITTEES

a)  Councillor Vacancy On Arts, Culture, Gaeilge, Education & Libraries Strategic Policy Committee  (Councillor S. Crowe) by Councillor M. Devine

b)  Councillor Vacancy On Economic Development Strategic Policy Committee  (Councillor R. Dowds) by Councillor B. Bonner

c)  Councillor Vacancy On Economic Development Strategic Policy Committee (Councillor S. Crowe) by Councilor M. Devine

d)  Councillor Vacancy On Environment Strategic Policy Committee (Councillor S. Crowe) by Councillor M. Devine

e)  Councillor Vacancy On Environment Strategic Policy Committee (Councillor R. Dowds) by Councillor B. Bonner

f)  Councillor Vacancy On Environment Strategic Policy Committee (Councillor E. Maloney) by Councillor C. Bond

g)  Councillor Vacancy On Housing & Social Development Strategic Policy Committee  (Councillor R. Dowds) by Councillor B. Bonner

h)  Councillor Vacancy On Sport, Recreation, Community & Parks Strategic Policy Committee (Councillor D. Keating) by Councillor E. Higgins

i)  Councillor Vacancy On Transportation Strategic Policy Committee (Councillor D. Keating) by Councillor E. Higgins

(all circulated herewith)

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

APPOINTMENT OF CHAIRPERSON TO THE TRANSPORTATION STRATEGIC POLICY COMMITTEE

(circulated herewith)

H-I (7)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Corporate Performance and Change Management Directorate

FILLING OF VACANCIES ON VARIOUS COMMITTEES / STATUTORY BODIES (COUNCILLOR S. CROWE)

(i)  Tallaght Area Committee

     Dublin Bus Forum

     Dublin Mid-Leinster Regional Health Forum

     Dublin Regional Authority

     SDCC Joint Policing Committee

The vacancies above by Councillor M Devine

(ii) Southern & Eastern Regional Assembly

     South Dublin County Tourism Board

The vacancies above by Councillor C. King

(all circulated herewith)

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

FILLING OF VACANCIES ON VARIOUS COMMITTEES / STATUTORY BODIES (COUNCILLOR R. DOWDS)

(i)  Lucan / Clondalkin Area Committee

     Clondalkin Local Drugs Task Force

     Liffey Valley Management Advisory Committee

     SDCC Joint Policing Committee

The  vacancies above by Cllr B. Bonner

(ii) Association of City & County Councils

The  vacancy above by Cllr G. O'Connell

(all circulated herewith)

H-I (9)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Corporate Performance and Change Management Directorate

FILLING OF VACANCIES ON VARIOUS COMMITTEES / STATUTORY BODIES (COUNCILLOR D. KEATING)

(i)  Lucan / Clondalkin Area Committee

     Liffey Valley Management Advisory Committee

Vacancy above by Cllr E. Higgins

(ii) Audit Committee

Vacancy above by Cllr E. Coburn

(all circulated herewith)

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

FILLING OF VACANCIES ON VARIOUS COMMITTEES / STATUTORY BODIES (COUNCILLOR E. MALONEY) by Cllr C. Bond

Tallaght Area Committee

Civic Theatre Committee

Local Traveller Accommodation Committee

Meath Foundation at Tallaght Hospital

SDCC Heritage Forum

(circulated herewith)

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

VACANCY IN POSITION OF AREA CHAIR (TALLAGHT AREA COMMITTEE)

(circulated herewith)

H-I (12)
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:
Patricia Doherty, Angie Davis

To ask the Manager is there a common standard applied with regard to the specifications of guttering on new builds with particular reference to infill units?

Qu (2)
Submitted by:
Councillor T. Gilligan
Responsibility:
Mary Maguire

To ask the Manager how much the Council has spent on printing in 2010?  What % of this is done in the county? what % is done in Ireland? % abroad?

Qu (3)
Submitted by:
Councillor E. Higgins
Responsibility:
Michael Hannon, Paula Swayne

To ask the Manager for an update on the review of the Play Policy, including the playground construction programme, throughout South Dublin County Council?

Qu (4)
Submitted by:
Councillor E. Higgins
Responsibility:
Yvonne Dervan, Jim Kilgarriff

To ask the Manager to outline effective proposals for tackling anti-social behaviour in public spaces, in particular in Parks throughout South Dublin?

Qu (5)
Submitted by:
Councillor C. King
Responsibility:
John Quinlivan, Colm Ward

To ask the Manager to provide a detailed report on the sell off of this Council's Waste Service to a private operator, stating (A) why it was deemed necessary by the Management, (B) how many customers had the Council in March 2011 in comparison to March 2010 & 2009, (C) what was the expenditure and income related to the service in those three years, (D) how much was the service sold for and (E) what will happen to waiver recipients and potential applicants after the stated twelve months grace has expired?

Qu (6)
Submitted by:
Councillor W. Lavelle
Responsibility:
Billy Coman, Frank Nevin

To ask the Manager if this Council has applied, or intends applying, to the new €5m fund established by the Department of Environment & Local Government to assist local authorities in addressing problems of unfinished housing developments; and if so to advise on which unfinished housing developments in the county may benefit from such funding?

Qu (7)
Submitted by:
Councillor W. Lavelle
Responsibility:
John McLoughlin

To ask the Manager if he will agree to put in place procedures to require that evidence of full and proper authorisation is produced to the council before carrying-out any works requested by Dublin Bus relating to the installation of bus-stops and termini?

Qu (8)
Submitted by:
Councillor W. Lavelle
Responsibility:
Paul Hogan

To ask the Manager, further to recent renewed national media coverage, to report on any pre-planning consultations or other meetings that have taken place between officials of this council and the backers of a proposal to locate a Children’s Hospital on lands in this county; and with respect to the lands in question to ask the Manager to outline the current zoning and any other development plans objectives applying to these lands and to advise if a proposal to locate a Children’s Hospital on these lands would likely require the agreement of the elected members to make a variation or material contravention to the current Development Plan?

Qu (9)
Submitted by:
Councillor W. Lavelle
Responsibility:
John Quinlivan

To ask the Manager to provide a detailed report on the likely impact of the sale of the council’s waste collection service on the council's finances and adopted budget for 2011?

Qu (10)
Submitted by:
Councillor W. Lavelle
Responsibility:
Laura Leonard, Conor Lehane

To ask the Manager to provide a detailed update on implementation of the Local Action Plan for this council as proposed by Management under the Croke Park Agreement?

Qu (11)
Submitted by:
Councillor W. Lavelle
Responsibility:
Philip Murphy

To ask the Manager to write to the National Transport Authority & Minister for Transport to request that the NTA Advisory Council be established prior to the adoption of the new Greater Dublin Area Transport Strategy?

Qu (12)
Submitted by:
Councillor E. Tuffy
Responsibility:
Gerry Fitzgibbon, Laura Leonard

To ask the Manager if he will provide information on the number of persons currently working with South Dublin County Council under the FAS Placement Programme, including outline information on qualifications of the persons involved and the general areas of Council work to which they have been assigned?

Qu (13)
Submitted by:
Councillor E. Tuffy
Responsibility:
John McLoughlin

To ask the Manager if he will provide a report on the role, responsibility and authority of the Council in the process whereby Dublin Bus places new bus stops, relocates existing bus stops, places bus route terminals and relocates bus route terminals in the County?

Qu (14)
Submitted by:
Councillor E. Tuffy
Responsibility:
Anne Reilly, Yvonne Dervan, Jim Kilgarriff

To ask the Manager if he will provide a report on the existing position in regard to the Council's Parks Depots, including the location of each Depot, the area of the site and buildings at each Depot, the activities taking place in each Depot, the number of staff based at each Depot, and information on other facilities, such as sports facilities, dressing rooms etc., included within a Depot site? 

Qu (15)
Submitted by:
Councillor E. Tuffy
Responsibility:
Mick McCartan, Miriam Reilly

To ask the Manager for an updated report on the total number of applicants, including transfer applicants, for housing under the Applicant Sourced Housing initiative, since the Council began to implement the initiative, and the number of applicants who have to date been allocated homes under the initiative?

Qu (16)
Submitted by:
Councillor E. Tuffy
Responsibility:
Tony O Grady

To ask the Manager for an updated report on the Salt Barn being built by the Council, adjacent to the N4, close to the N4/Fonthill Road junction?

Qu (17)
Submitted by:
Councillor E. Walsh 2009
Responsibility:
Yvonne Dervan, Jim Kilgarriff

1. Cé mhéad fógraí um pionós socraithe (€63.50) a bhí eisithe ag an gComhairle Contae de réir fho-dhlíthe na Comhairle a bhaineann leis an toirmeasc ar Ólachán deochanna meisciúla in Áíteanna poiblí ar fud an Chontae in 2010 agu sa chéad cheathrú den bhliain seo?

2. Cé mhéad pionós socraithe nach raibh Íoctha sa bhliain 2010 agus sa cheathrú sin?

3. Cé mhéad ionchúiseamh a ndeachaigh chuig an gCúirt Dúiche de bharr mhainneachtain na suimeanna dlite a Íoc  sa chead cheathrú dern bhliain seo agus in 2010 ? 

1. How many fixed penalty notices (€63.50) were issued by the County Council  according to the bye-laws of the Council in relation to the prohibition on drinking of Intoxicating Liquor in Public Places throughout the County in 2010 and the first quarter of this year? 

2. How many fixed penalties were not paid in 2010 and in this quarter?

3. How many prosecutions went to the District Court for failure to pay the penalty this year and last year?

Headed Items

H-I (13)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Roads Department

DECLARATION OF ROADS TO BE PUBLIC ROADS

(no report)

H-I (14)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Housing Administration, Development, Econ. & Transport Planning Dept.

PROPOSED DISPOSAL OF PROPERTIES/SITES

(no report)

H-I (15)
Submitted by:
Sharon Tobin
Responsibility:
Willie Sheils

APPLICATION FOR  A COUNTY WIDE  GRANT

(circulated herewith)

H-I (16)
Submitted by:
Philip Murphy
Responsibility:
Philip Murphy

AMENDMENTS TO CONTROL OF PARKING BYE-LAWS

(circulated herewith)

H-I (17)
Submitted by:
Parks Department
Responsibility:
Yvonne Dervan, Jim Kilgarriff

DEED OF CHARGE FOR TYMON ATHLETIC SPORTS CLUBS (TASC) PAVILION TYMON

(circulated herewith)

H-I (18)
Submitted by:
Parks Department
Responsibility:
Yvonne Dervan

DRAFT REVIEW OF BYE-LAWS FOR THE CONTROL AND REGULATION OF THE USE OF PARKS, OPEN SPACES AND RECREATIONAL PLAYING GROUNDS OWNED, CONTROLLED BY, OR IN THE CHARGE OF SOUTH DUBLIN COUNTY COUNCIL

(circulated herewith)

H-I (19)
Submitted by:
Housing Administration
Responsibility:
Abe Jacob

REVISED APPLICATIONS FOR FINANCIAL ASSISTANCE UNDER THE CAPITAL LOAN AND SUBSIDY SCHEME AND CAPITAL ASSISTANCE SCHEME FROM RESPOND! HOUSING ASSOCIATION IN ACCORDANCE WITH SECTION 6 OF THE HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1992 FOR A HOUSING DEVELOPMENT AT COOKSTOWN WAY, SPRINGFIELD, TALLAGHT

(circulated herewith)

Correspondence

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

Letter, dated 23rd March 2011, from North Tipperary County Council regarding Water Services

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

Letter, dated 25th March 2011, from Monaghan Town Council regarding Preservation of the Irish Language

Motions

Mot (1)
Submitted by:
Councillor M. Corr
Responsibility:
Philip Murphy

That this Council calls on Dublin Bus to ensure that the views and concerns of the communities within South Dublin County are taken on board in a real way further to the consultation process engaged in as part of the Network review process and furthermore to ensure that no residents of the county will be without an easily accessible bus service as a result of the review process.

Mot (2)
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 (3)
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 (4)
Submitted by:
Councillor T. Ridge
Responsibility:
Paul Hogan

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

Mot (5)
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 (6)
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 (7)
Submitted by:
Councillor J. Lahart
Responsibility:
Willie Sheils, Philip Murphy

That the Council consider some positive and proactive steps which can be taken in association with Residents Associations and Community Organisations in order to address some of challenges that adverse weather conditions causes to residents of estates, particularly in high lying areas

Mot (8)
Submitted by:
Councillor T. Gilligan
Responsibility:
Clodagh Henehan

That this Council introduces its own local currency, in conjunction with local businesses, that would be acceptable as payment for rents, NPPR, bin charges and that would be backed by hard commodities - such as allotments, food, energy, agriculture... The currency would not be pegged to any other currency USD/EUR/GBP but would be exchangable for those currencies. The currency would be used alongside the EURO.

Mot (9)
Submitted by:
Councillor C. Bond
Responsibility:
Teresa Walsh

That this Council will examine the feasibility of setting up a South Dublin County Council Smart Phone application. Such an application could contain information on local amenities and events. It could also allow local businesses to buy up advertising space on the application.

Mot (10)
Submitted by:
Councillor E. Higgins
Responsibility:
Colm Ward

That this Council calls for an examination of the possibility and financial feasibility of introducing a junk collection system in 2012.

Mot (11)
Submitted by:
Councillor M. Duff
Responsibility:
Mary Maguire

That this Council calls on the Taoiseach Enda Kenny, TD,  to immediately appoint a Minister with sole responsibility for the National Drug Strategy and to show commitment to the Communities across South Dublin County and beyond, that live on a daily basis with the ongoing drug crisis, that this Government is determined to strip the criminal gangs of their assets and stop the flow of drugs into our Communities.

Mot (12)
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. 

Mot (13)
Submitted by:
Sen. C. Keane
Responsibility:
Yvonne Dervan, Jim Kilgarriff

That this Council recommends that an electronic system be developed in house for Arboriculture Works Programme - (it would save staff time on inspections/duplication/efficiencies etc. as not complicated should be cost neutral -) listing the Tree pruning/planting/requests submitted from the public & elected members (as requested by this councillor for the past 5 years - nothing done) This would enable residents/cllrs etc to check progress on requests online (or members net) It would also  enable an analysis of work committed /work carried out updated regularly, some (not all) of this information is readily available in the annual Arboriculture Works programme.  While the current pruning/cutting system of working through estate by estate is more cost effective and effective than servicing individual requests (and I am not recommending a change) It should be possible to type in no. of house and get an update on request, with background information on when/why/how/ work will be carried out or not as the case may be.  That a date be given for the implementation of this request - as it is a request long standing.

Mot (14)
Submitted by:
Councillor J. Lahart
Responsibility:
Mary Maguire

That this Council urges the incoming Minister for the Environment to introduce legislation giving protection to  contractors and sub-contractors produced by Senator Feargal Quinn in the previous Seanad and that this be done without delay

Mot (15)
Submitted by:
Councillor C. King
Responsibility:
Mick McCartan, Miriam Reilly

That this Council calls on the Manager to arrange for a Sub Committee of the Housing  and Social SPC to be established to examine a new scheme of letting priorities which knits together all of the new schemes being delivered through housing allocations and to also provide specific policy on the increasing problem of people applying for social housing who have lost their mortgaged homes to their respective bank, as the current 'limbo' these prospective applicants currently find themselves in is unacceptable.

Mot (16)
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 (17)
Submitted by:
Councillor W. Lavelle
Responsibility:
Michael Fagan, Marian Jordan

That this Council requests the Manager to present a detailed report for discussion on efforts to ensure value-for-money in concluding the acquisition of social and affordable housing subject to pre-2010 Part V agreements; in particular where similar unsold units are on sale in some of the same developments at a current market price significantly less than the agreed Part V cost to the Council.

Mot (18)
Submitted by:
Councillor E. Tuffy
Responsibility:
Colm Ward

That this Council is supportive of small retail businesses in the County, particularly in the traditional villages and smaller urban centres in the County, and requests the Manager to review and present a report on the approach and procedures taken by the Council in the matter of small signs, including sandwich boards, placed on footpaths outside shops and other retail outlets, and in particular if he will review the consistency of the Council's approach to sandwich boards outside shops and tables/chairs, canopies on the footpath outside cafes and restaurants, and if the Manager can advise on the laws, including bye-laws, and other regulations under which the Council deals with these issues?