DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

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1 DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL Minutes of the County Council held in the County Hall, Marine Road, Dun Laoghaire, Co. Dublin on Monday, 12 December 2011 at 5.00 pm PRESENT Bailey, John F Bailey, Maria Baker, Marie Bhreathnach, Niamh Boyhan, Victor Brennan, Aoife Devlin, Cormac Dillon Byrne, Jane Fitzpatrick, Stephen Fox, Tony Halpin, Melisa Hand, Pat Horkan, Gerry Humphreys, Richard Joyce, Tom Lewis, Hugh Marren, Donal McCarthy, Lettie Murphy, Tom O'Callaghan, Denis O'Dea, Jim O'Keeffe, Gearoid Richmond, Neale Saul, Barry Smyth, Carrie Stewart, Patricia Tallon, Grace Ward, Barry An Cathaoirleach, Councillor John F. Bailey presided. OFFICIALS PRESENT Owen Keegan (County Manager), Kathleen Holohan (Deputy Manager and Director of Planning), Tony Pluck (Director of Corporate Services & IT), Charles Mac Namara (Director of Housing), Frank Austin (Director of Water & Waste Services), Tom McHugh (Director of Transportation), Gerard Hayden (Director of Human Resources & County Development Board), Richard Shakespeare (Director Of Environment, Culture & Community), Helena Cunningham (Director of Finance), Andrée Dargan (County Architect), John Guckian (Senior Executive Officer Environment, Culture & Community), Ian Smalley (Administrative Officer, Corporate Services) and Pamela Graydon (Senior Staff Officer Corporate Services) C/1017/11 Vote of Condolence A vote of condolence was passed with the family of Mr. Dave Gorman R.I.P., Executive Engineer, Transportation Department. A vote of condolence was passed with the Irish Jewish Community and the family of Justice Hubert C. Wine R.I.P., District Judge in Dún Laoghaire. A vote of condolence was passed with the family of Mrs. Annette Cleary R.I.P., Community Activist in the Shankill Area. An Cathaoirleach, the Members, the Manager and staff stood and observed a minutes silence as a mark of respect. C/1018/11 Adjournment of Meeting It was AGREED to conclude the meeting at 7.15 p.m. 1

2 C/1019/11 Confirmation of Minutes Minutes of Meeting of County Council held on Monday, 14 th November 2011 It was proposed by Councillor M. Baker, seconded by Councillor D. O Callaghan and RESOLVED: That the minutes of County Council meeting held on 14 th November 2011 be ADOPTED and APPROVED. C/1020/11 Questions It was proposed by Councillor L. McCarthy, seconded by Councillor P. Hand and RESOLVED: That pursuant to Standing Order No. 92 question numbers A.1 to A.24 be ADOPTED and APPROVED. C/1021/11 Policy on Street Furniture and Sandwich Boards Question: Councillor M. Baker To ask the Manager to supply a copy of the policy on street furniture and sandwich boards to all Councillors and also to display a copy on the Council's website? Report: The policy on street furniture and sandwich boards will be made available to Councillors and placed on the Council website when all details are finalised. C/1022/11 Vehicles Available in the Event of Heavy Snow Question: Councillor M. Baker To ask the Manager how many snow ploughs, gritting trucks and other vehicles are available for use by Council staff in the event of heavy snow? Reply: The Council have acquired 4 new snow ploughs which brings the total to nine. We have 11 gritting routes but we have 14 gritters because we need spares which are mounted on Council trucks except for one hired truck. We also have a JCB. It should also be noted that we hire other machinery as required. C/1023/11 Goods and Services Liable to Rates of VAT Question: Councillor V. Boyhan To ask the Manager to provide a list of Council goods and services that is liable to rates of VAT? Reply: The following goods and services are liable to VAT: 2

3 Goods/Service Rate Allotments Standard Artefacts Standard COCO Markets Standard Composters Standard Directional signage Standard Filming Standard Hire of halls/rooms Standard Internet access Standard Off street parking Standard Office/site rental Standard Photocopying Standard Puclic Conveniences Standard Removal of abandoned cars Standard Royalties Standard Telecommunication licences Standard Cemetery services Standard/Reduced Footpath dishing Reduced Green Fees Reduced Property sales Reduced Recycling Reduced Refuse bags/ labels Reduced Tiphead operations Reduced The current standard rate of VAT is 21% to be increased to 23% in The reduced rate is 13.5%. C/1024/11 Financial Statements on Current and Capital Accounts Question: Councillor V. Boyhan To ask the Manager to provide Council with a financial statement on the current and capital accounts? Reply: Revenue Account: In accordance with Circular Fin 03/2009 the Council is required to keep its revenue and capital accounts in balance each year. To date this requirement has been complied with and it is projected that the revenue account will continue to remain in balance during Capital Account: Having regard to the unspent development levies on hand the Department of the Environment Community and Local Government has given approval to the Council to use funds on hand up to a limit of 38m during 2011 to progress the Capital Programme and capital expenditure in 2011 will remain within this limit. C/1025/11 Budget Question: Councillor V. Boyhan To ask the Manager to bring a report to Council indicating if the 2011 Budget is on target and in line with that approved by Councillors, and to indicate if there are any areas of concern in relation to income or expenditure at this stage in the financial year? 3

4 Reply: Outturn 2011: There is a strict requirement on all local authorities to maintain a balanced budget on the revenue account and accordingly a number of detailed reviews of the 2011 Budget were undertaken throughout the year. I am confident that a net balanced budget will be achieved for This represents a very satisfactory outcome given the very difficult operating environment the Council faced during the year. It will be achieved despite additional expenditure incurred by Roads Maintenance and Water Services early in the year as a consequence of the very bad weather and an excess of pensions/gratuities expenditure over budget due to early retirements. The Council expects to achieve a saving of 600,000 in 2011 in the cost of bulk water purchased from Dublin City Council and a saving of 466,000 in the cost of the Ringsend WWTP compared with the provisions in the Budget. In addition, provision of 600,000 was made in the 2011 Budget for operating costs associated with the Shanganagh Waste Water plant in However, the plant will not now open until 2012 and therefore the 2011 provision has been capitalised and will be offset against the 2012 operational costs. A dividend payment of 0.516m due in 2011 from our insurers IPB was not budgeted for and has been used to create a reserve to fund pensions/gratuities of staff, who are expected to avail of early retirement in advance of the February 2012 enhanced pensions deadline. C/1026/11 Capital Programme Spending Question: Councillor V. Boyhan To ask the Manager to set out a proposed timetable for a schedule of Council projects under Capital Programme Spending and to provide copies of all circulars and communications with the Department of Environment, Community & Local Government on the matter since June 2011? Reply: The Manager brought a detailed report on the Three Year Capital Programme for consideration by members to the May Council meeting. In accordance with S135 of the Local Government Act 2001 the Manager shall before the start of the financial year prepare a report on the three year capital programme which may be considered at the budget meeting or at such other meeting as the elected council may by resolution decide. Having regard to the short time that has elapsed since the consideration of the current three year programme and pending confirmation from the Department of the Environment Community and Local Government that it is in order to utilise funds on hand to progress the capital programme in 2012 I recommend that consideration of the three year capital programme be deferred until the March 2012 Council meeting. C/1027/11 Incinerator Project at Poolbeg Question: Councillor V. Boyhan To ask the Manager to report on the Council s legal, financial, or contractual obligations, directly or indirectly, in relation to the Covanta incinerator project at Poolbeg? Reply: 4

5 Under Section 18.8 Energy Recovery, the current Regional Waste Management Plan provides for the construction of a Waste to Energy facility through a public private partnership. This plant has been taken successfully through the various statutory processes required to a point where construction can be commenced. A Project Agreement is in place between Dublin City Council, acting on behalf of the four Dublin Local Authorities, and Dublin Waste to Energy Ltd for the provision of the facility however, a number of items have, for various reasons, yet to be finalised in relation to proceeding with construction. The Government has indicated that it intends to bring forward a revised Waste Policy statement before the end of 2011 with legislation to follow. With this in mind, the period for discussion of the outstanding items between the parties to the Project Agreement has been extended on a number of occasions and it is currently extended to the end of February As part of the discussions between the parties, regard is being had to the exposure of the Local Authorities. Under the Project Agreement, the Authorities were responsible for a number of elements, including the acquisition of the site and ancillary costs. Under the terms of the Project Agreement these costs will ultimately be recouped through a revenue sharing arrangement in relation to energy produced by the facility. In this way, the investment by the Councils will be recouped over the period of the contract. It is anticipated, based on the analysis of waste arisings/production within the Region, that the facility will operate above the level required for optimum operation and that commitments in relation to put or pay clauses will not therefore apply. It is expected therefore that the facility will ultimately be self financing and that the diversion of waste from landfill, improvements to the carbon footprint of the Region and the energy and heat generated will provide a significant environmental benefit. C/1028/11 Scanning of Planning Application Documents Question: Councillor S. Fitzpatrick To ask the Manager why it can take up to 28 days for Dún Laoghaire-Rathdown County Council s Planning Department to scan in planning application documents and if the Manager will make a statement on efforts to improve efficiency of the current service? Reply: Scanning planning applications is part of a process which requires the validation of planning applications in the first instance. The validation process currently takes an average of 6 days to complete. In 2011 less than 7% of applications were rejected as invalid, resulting in a total in excess of 93% of applications being valid one of the highest rates in the country. Once files have been validated, they are sent for scanning on the Friday of each week. By Friday the following week, files are available for viewing on the internet. Therefore, files are generally available for viewing within 7 to 14 days of registration. The on line service provided by the Planning Department is not a statutory requirement but is an additional service to assist the general public. C/1029/11 Part 8 Projects Question: Councillor R. Humphreys 5

6 To ask the Manager to provide an overall list of Part 8 projects either planned or underway in the County, broken down by Ward, indicating the stage each is currently at? Reply: Transportation The numbers of Part 8 projects planned at this time are several, if the Council is allocated the finance by the NTA, NRA or DOT. We are hopeful of funding for a few schemes to improve connectivity over the M50, but it is too early to state, because these projects have not been presented to the Council or area committee. Also we have plans for a part 8 for Shankill Dart car park and open space development but this is postponed until We are reluctant to present Part 8 proposals to the Council unless funding is secure. At some stage the projects associated with the Sandyford Urban Framework will be presented for Part 8 approval Planning The following is a list Part 8 planning permissions granted or currently on display from 2007 to date and broken down by Ward that are either outstanding or under construction: Ballybrack Electoral Area File Ref. Proposal/Location No. PC/01/08 Kilbogget Park (vicinity of Ashlawn, Coolevin & Wyattville Estates): Partial demolition & construction of two-storey extension to clubhouse PC/14/08 Resource centre at Stonebridge Road, Shankill, Co. Dublin PC/13/09 Improvements to recreational facilities at Kilbogget Park. PC/03/10 Loughlinstown Leisure Centre, Loughlinstown, Co. Dublin: Construction of a new swimming pool & changing facilities, 4 synthetic playing pitches, increased car-parking & ancillary site works. PC/05/10 M11/N11 Traffic Management Measures Wilford Interchange Improvement Scheme PC/07/10 Projects at Killiney Hill Park, Killiney Co. Dublin: Extension to existing pavilion at Victoria Gate to provide new coffee kiosk & new public toilets. PC/03/11 Quinn s Road, Shankill, Co. Dublin: Recreational improvements Blackrock Electoral Area File Ref. Proposal/Location No. PC/02/08 Carysfort Maretimo Stream Improvement Scheme Decision Date Jun, 2008 Mar, 2009 May, 2010 Sept, 2010 Sept, 2010 Nov, 2010 Sept, 2011 Decision Date June, 2008 Progress Report Phase 2 in (No capital funding currently available). Works have commenced, early November, All-weather pitch completed with exception of car park. Commenced October, Wicklow Co. Co. have not proceeded with Part 8; Scheme in abeyance. Tenders received, Sept, Construction to commence in early Phase 1 clubhouse for Bowling to commence in No timescale for Phase 2 works. Progress Report Currently under construction. Due for completion Summer,

7 PC/11/09 PC/08/10 Carysfort Maretimo Stream Improvement Scheme. Proposed Supplementary Works at Stillorgan Park Road, Dunardagh, Temple Hill & Sweetman House, Newtown Ave Refurbishment & extension of Deansgrange Library Jan, 2010 Oct, 2010 Currently under construction. Due for completion Summer Working drawings in progress for tender. Dún Laoghaire Electoral Area File Ref. Proposal/Location No. PC/04/07 Refurbishment & extension of St, Michael s Park 3-bay halting site at Soldiers & Sailors Field, Monkstown, Co. Dublin. PC/10/07 Sallynoggin playing fields: Renewal of changing rooms PC/05/08 Pottery Road Improvement Scheme PC/11/08 Extension to creche, - Marine Road, Dún Laoghaire. PC/12/08 New Metals Walkway, Phase I incl. a deck over the DART line adjacent to Queen s Road and upgrade of Marine Road, Crofton Road & Queen s Road, Dún Laoghaire, Co. Dublin. PC/01/09 Refurbishment & extensions to the Pavilion & Gate Lodge & ancillary works at The People s Park, Dún Laoghaire, Co. Dublin PC/02/09 Improvements to recreational Hyde Park, Dalkey, Co. Dublin PC/08/09 Construction of a Central Library & Cultural Centre at Moran Park, Queen s Road, Dún Laoghaire, Co. Dublin PC/01/10 Laneway improvements, Dún Laoghaire, Co. Dublin PC/06/10 New Metals Walkway Phase 2, incl. a deck over the DART line, between Pavilion carpark and Haigh Terrace, Dún Laoghaire, Co. Dublin. Dundrum Electoral Area File Ref. Proposal/Location No. PC/03/07 Broadford Rise, Ballinteer. Proposed Housing Development of 21 self-contained senior citizen units, community room PC/04/09 Improvements to recreational facilities at Loreto Pk, Rathfarnham, Dublin 16 Decision Date Sept, 2007 Dec, 2007 Dec, 2008 Feb, 2009 Feb, 2010 May, 2009 Nov, 2009 Nov, 2009 May, 2010 Sept, 2010 Decision Date Oct, 2007 July, 2009 Tender Stage Progress Report Improvements to park completed. Changing rooms subject to Sports Capital Grant. Detail design is being undertaken. The Council is seeking funding that would allow it proceed with this project. Work has not commenced due to lack of funding. Substantial completion on Phase 1 of the Metals was reached on The works are on going but nearing completion. Included in 2011 to 2014 Capital Programme. Ball-stop netting to be installed. Work has not commenced. Works have not commenced. Works substantially complete. Progress Report Work has not commenced, no capital funding currently available. No funding provided for in current capital programme

8 Stillorgan Electoral Area File Ref. Proposal/Location No. PC/02/10 Facilities at Cabinteely Park (which is within the cutilage of a Protected Structure) PC/02/11 Brewery Rd Leopardstown Road Pedestrian & Cycleway Scheme Decision Date May, 2010 July, 2011 Progress Report Project No. 2 (Coffee shop) completed in October, Project No. 1 (Toilet block) will commence early 2012 and Project No. 3 work has not commenced. Construction commenced October Glencullen/Sandyford Electoral Area File Ref. Proposal/Location No. PC/01/07 The construction of 15 units on site at Cromlech Close, Kilternan, Co. Dublin PC/06/07 Enniskerry Rd, Sandyford, D. 18: Construction of a resource centre and 155 social & affordable units together with 102 surface car parking spaces and 84 spaces provided under the apartment blocks and ancillary site works. PC/07/07 Blackglen Road/Harold Grange Road Improvement Scheme PC/11/07 Ballyogan Road: Modifications to new storage / utility building / administrative office and ancillary yards (Re. Ref. PC/15/06) at a site off Ballyogan Road with frontage to the former tip head, Ballyogan, Dublin 18 PC/09/08 Proposed Glencullen Water Supply & Improvement Scheme Decision Date June, 2007 Nov, 2007 Nov, 2007 Feb, 2008 Sept, 2008 PC/13/08 Marlay Golf Pavilion Mar, 2009 PC/07/09 Construction of a new sports Dec, facility building at the edge of 2009 Stepaside Public Golf Course at Jamestown on the Enniskerry Road, Stepaside, Co. Dublin PC/10/09 Marlay Park Sports centre & all-weather pitch Jan, 2010 Progress Report Works have not commenced; no capital funding currently available. Site being transferred to the Housing and Sustainable Communities Ltd. under the Land Aggregation Scheme. Design 90% completed. C.P.O. at advanced stage. Works have not commenced Currently under construction. Due for completion, Spring, Major portion of Scheme completed. Wayleave documents have been prepared to facilitate completion of remainder. Due to commence construction in early Has not commenced due to budgetary constraints not provided for in current capital programme All-weather pitch included in Capital Programme. No current timescale for Sports Building. Completion in PC/12/09 Improvements to Marlay Jan, Demense overflow car-park 2010 PC/14/09 Samuel Beckett Civic Campus, Feb, Not commenced yet. Ballyogan Road, Dublin PC/04/10 Carpark: Marlay Demense, Oct, Included in 2011 to 2014 Capital College Road, Dublin Programme. PC/04/11 Burton Hall Road Extension Currently out on public consultation C/1030/11 Estimates for Road Deaths/Serious Injury 8

9 Question: Councillor R. Humphreys To ask the Manager for the latest figures or estimates for (a) road deaths, (b) serious injury and (c) any injury for each of the 5 years from 2007 to 2011 to date inclusive? Reply: All statistics are compiled by the Gardaí in conjunction with the RSA. There are no figures available yet for years 2010 or This subject is considered to be too serious and too sensitive to be providing estimates which may not be accurate. The figures for years 2007, 2008 and 2009 are as listed below. Collision trends in DLRCC Year Fatal Injury Total Serious injuries in DLRCC C/1031/11 List of Sculpture or Public Art Question: Councillor R. Humphreys To ask the Manager if he will issue a corrected list of sculpture or public art in the County broken down by Ward given the inaccuracies relating to the Stillorgan Ward in the list provided at the November 2011 meeting; if he will also provide full details of the art in storage at present; and if he will redress the imbalance against the Stillorgan Ward by arranging for some of the stored sculpture to be erected in the Stillorgan Ward? Reply: The Arts Office will audit all public art works (both sited and in storage) and prepare a report for the circulation to Councillors in January C/1032/11 Parked Vehicles Containing Advertising Boards Question: Councillor R. Humphreys To ask the Manager for a further updated report on complaints received regarding parked vehicles containing advertising boards and the action taken in each respect whether under section 71 of the Roads Act 1993 or otherwise? Reply: The reply below was provided to a recent Council meeting. There is no further update report on complaints received, however if the Councillor is aware of any specific location, the Transportation Department will address it. "Section 71 of the Roads Act, 1993 deals with the issues of unlawful signage on a public road and the placement of vehicles or structures on a public road for the purposes of advertising, the sale of goods or similar purposes. 9

10 The Act gives a road authority power to remove, store and dispose of signs, vehicles or other structures. Dun Laoghaire Rathdown Transportation Department have recently had vehicles on the public road removed by their owners following notification to them of the offence under the Act and the power given to the road authority under the Act in the event of their refusal to remove the vehicles. Some of these complaints relate to taxis and commercial vehicles at various locations throughout the County and are being dealt with on an ongoing basis by the Transportation Department under Section 71 of the Roads Act, 1993." C/1033/11 Proposed Cemeteries Bye-Laws Question: Councillor R. Humphreys To ask the Manager for a further update on the status of the Proposed Cemeteries Byelaws? Reply: A review of bye-laws for the cemeteries is underway and a report will be presented to a Council meeting shortly. C/1034/11 Technology Fund Question: Councillor H. Lewis To ask the Manager why he mislead the Council in last months question re cost efficiency and the new Technology Fund? Reply: The reply that was issued last month was not misleading information. It explained the basis on which procurement is carried out where a business need has been identified for an item of technology i.e. that items of technology are purchased only after functionality, cost, and value for money have been assessed. C/1035/11 Cuts to Rent Allowance Question: Councillor H. Lewis To ask the Manager what measures will be taken to protect tenants if cuts to rent allowance are brought in through the national budget? Reply: Any cuts to rent allowance will not affect Council tenants as all lettings, either for social housing or RAS tenancies, are let under the Differential Rent Schemes which allow for the calculation of rent on the basis of household income. C/1036/11 Recreational Works at Stonebridge Question: Councillor H. Lewis To ask the Manager to always inform Councillors when monies are allocated from central government such as that finance that will allow recreational works go ahead at Stonebridge? 10

11 Reply: In October 2011 the Department of Transport, Tourism and Sport allocated 80% funding (totalling 260,000) to Dún Laoghaire-Rathdown for 17 local authority backed sports projects as follows. Location Proposed works Newtownsmith Blackrock Park Balawley Park Outdoor exercise equipment (with safety surfacing and instructional signage) Beechpark, Foxrock Stillorgan Grove Cluny Park The Gallops The Maples, Clonskeagh Sandyford Soldiers and Sailors Kilbogget Park Shanganagh Park Marley Park. Kilbogget Park (Coolevin) Balawley Park The Gallops open space Cabinteely Park Stonebridge Road, Shankill Repairs to public tennis courts Grass pitches to be renovated at these locations Floodlightiing to existing MUGA (multi-use games area) A half MUGA (surfacing, fencing with a built-in goal and basketball hoop) A MUGA (multi-use games area) to include drainage, fencing, goals and basketball hoops Three junior sized grass pitches will be developed Two senior sized grass pitches will be developed for soccer and GAA Following a National press release issued by Minister Michael Ring on the 13 th of October 2011, The Communications Office issued a press release to local media and Councillors confirming that Dún Laoghaire Rathdown would benefit from funding in relation to the announcement. This practice will continue. C/1037/11 Differential Rates Question: Councillor H. Lewis To ask the Manager to explore the option of differential rates before the introduction of next years budget? Reply: There are numerous pieces of legislation dealing with the making of the rate by Rating Authorities. Section 61 of the Poor Relief (Ireland) Act 1838 refers to the making and levying of such rate as may be necessary on every occupier of rateable hereditaments. Section 29 of the Local Government Act 1946 provides that a rating authority shall, either immediately prior to or at the beginning of each local financial year, make one rate for the whole local financial year and shall collect such rate in equal moieties, one such moiety for each half year of such local financial year One of the more relevant items of legislation is Section 45 of the Local Government Act 1994, outlined underneath, which deals with Budget Meetings & the making of the Rate. 11

12 "A rating authority shall immediately prior to, or as soon as may be after, the beginning of each local financial year, make one rate for the whole financial year (upon the hereditaments liable for rates according to the valuation of each hereditament in the latest valuation list transmitted by the Commissioner of Valuation at the time of adoption of estimates of expenditure) and shall collect such rate in equal moieties, one such moiety for each half year of such local financial year. Therefore a local authority does not have the legal authority to have more than one rate and the option of having different classes of rates for different categories of businesses is not permissible under current legislation. If legislation was amended to enable a local authority to have different classes of rate for different categories of businesses and if the local authorities rates income was to remain unchanged then the loss of income arising from the reduction in one or more classes of rate would have to be offset by an increase in the rate or rates charged to the other businesses. C/1038/11 Luas Levy Scheme Question: Councillor L. McCarthy To ask the Manager to please explain the process involved in reviewing the Luas Levy scheme? Reply: Re: Supplementary Development Contribution Scheme Luas Line B1 - Section 49 Planning & Development Act 2000, as amended Adoption of the Supplementary Development Contribution Scheme At their meeting of the 13 th of January 2003, the Members of Dún Laoghaire-Rathdown County Council adopted a Supplementary Development Contribution Scheme under Section 49 of the Planning & Development Act, 2000 for the purpose of part financing the extension of the Luas Line from Sandyford to Cherrywood(Luas Line B1).The Scheme became operative after its adoption by Members of the Council and applied to all relevant planning decisions made after that date. DURATION OF THE SUPPLEMENTARY DEVELOPMENT CONTRIBUTION SCHEME Item 20 of the Scheme provides as follows: This supplementary development contribution scheme shall take effect upon the formal adoption of this scheme by the Council of the County of Dún Laoghaire- Rathdown. The duration of the SDCS shall be for a period of 25 years from that date unless and until some other period of time shall be substituted for that period by order of the Dún Laoghaire-Rathdown County Council. The level of contributions received will be monitored on a regular basis, and if the anticipated contribution generated by the Scheme is realised earlier than 25 years, then proposals in this regard will be submitted to the elected members of Dún Laoghaire- Rathdown County Council. Clause 21 of the Scheme provides as follows in relation to reviewing the Scheme - This supplementary development contribution scheme provides a level of contribution that shall be updated each year during the life of the scheme at a fixed compound interest rate of 5% per annum. The supplementary development contribution scheme may be reviewed from time to time by the Planning Authority having regard to circumstances prevailing at that time. Where it is proposed to reduce the level of contributions payable this may be attained by an amendment to the existing scheme 12

13 when agreed upon by the elected members. Any increase in contributions will require the adoption of a new or amended scheme by the Council of the County of Dún Laoghaire-Rathdown. C/1039/11 Flooding in the County Question: Councillor D. O Callaghan To ask the Manager to state if the Council is going to seek either Government or European funding to deal with costs associated with widespread flooding in the County on the ? Reply: The Department of Social Protection, Department of Environment, Community and Local Government through the Community welfare officers are allocating emergency payments to help with the immediate needs, details are on their website In addition the Red Cross has launched an appeal to create a fund to assist affected persons. This is the only source of funding of which we are aware to cover costs associated with the events of 24 th October. C/1040/11 Enlarge Capacity of Drainage on Public Roads Question: Councillor J. O Dea To ask the Manager if the Council has any plans to enlarge the capacity of the drainage on public roads to cope with higher than average levels of rainfall? Reply: Certain locations that suffered flooding as a result of overland flow have been referred to Transportation Department for investigation to ascertain if measures can be put in place to reduce the risk of flooding of properties. Water Services will be working with Transportation to develop solutions, where practicable. C/1041/11 Athletics Track in Belfield Question: Councillor N. Richmond To ask the Manager if he has had any discussion with UCD in relation to the future of an athletics track in Belfield or if there are any other plans to construct an athletics track in the County? Reply: It is my understanding that no discussion has taken place with UCD in relation to the Athletic track. The Council has no plans to construct an athletics track within the County. C/1042/11 Litter Fines Issued in 2011 Question: Councillor B. Saul To ask the Manager to make available for inspection, a record of all litter fines issued in 2011, with the current status of each fine? 13

14 Reply: A total of 942 litter fines have been issued in The following is a breakdown of the current status of these fines: Paid: 579 Awaiting payment / prosecution prepared: 254 Cancelled: 109 C/1043/11 Cycle Parking Question: Councillor C. Smyth To ask the Manager to list the locations submitted for inclusion in the Smarter Travel, Better Living - Cycle Parking At Public Spaces scheme in response to the advertisement? Reply: In response to a request for specific locations for cycle parking on public areas in September 2011 no submissions were received. Cycle parking is currently being or has been provided at the following locations in 2011, all funded by the National Transport Authority. Don Marmion Car Park Dundrum (sheltered) Main Street Dundrum at the bus gate (Sheltered) N11 at Brewery Road (Sheltered) Outside DLR Leisure Service Centres Various parks. Further funding for cycle parking will be sought from the National Transport Authority in Any other location where there is a shortfall of cycle parking should be brought to the attention of the Sustainable Travel Officer (Extn: 4644) by to sustainabletravel@dlrcoco.ie C/1044/11 Cycle Parking at Public Spaces Question: Councillor C. Smyth To ask the Manager to list the locations in my previous question where Cycle Parking At Public Spaces has and will be installed? Reply: In response to a request for specific locations for cycle parking on public areas in September 2011 no submissions were received. Cycle parking is currently being or has been provided at the following locations in 2011, all funded by the National Transport Authority. Don Marmion Car Park Dundrum (sheltered) Main Street Dundrum at the bus gate (Sheltered) N11 at Brewery Road (Sheltered) Outside DLR Leisure Service Centres Various parks. Further funding for cycle parking will be sought from the National Transport Authority in Any other location where there is a shortfall of cycle parking should be brought to the attention of the Sustainable Travel Officer (Extn: 4644) or by to sustainabletravel@dlrcoco.ie. 14

15 C/1045/11 List of Education and Training Courses in accordance with Section 142 (5) of the Local Government Act 2001 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED: (a) Nuclear Free Local Authorities Ireland Seminar, Council Chamber, Wexford Civic Offices, Carricklawn, Wexford; 11 th November 2011 (b) Nuclear Free Local Authorities Steering Committee 2011 Annual Policy Briefing Seminar Council Chamber, Newry and Mourne District Council, Council Offices, Monaghan Row, Newry, BT35 8DJ, Northern Ireland; 25 th November 2011 (c) The Irish Parking Association Parking Ireland 2011 Seminar, Burlington Hotel, Dublin th November 2011 (d) Modern Alternatives to the Extinction of Fossil Fuels, Celtic Ross Hotel, Rosscarbery, West Cork; 18 th 20 th November 2011 (e) Public Sector Expenditure, Where is Ireland spending above the odds?, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City; 6 th 8 th December 2011 (f) Local Government (Charges) Act 2009, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City; 16 th 18 th December 2011 (g) Proposed Reform of the Common Agricultural Policy, Carlton Hotel Tralee, Dan Spring Road, Tralee, Co. Kerry; 9 th 11 th December 2011 (h) Health & Safety and the Councillor, The Insurance & Liability Issues, Clonmel Park Hotel, Clonmel, Co. Tipperary; 9 th 10 th December 2011 (i) Microsoft Office Applications & Revenue On Line Service Workshops, Celtic Ross Hotel, Rosscarbery, West Cork; 9 th 11 th December 2011 (j) Promoting Volunteerism, Westport Plaza Hotel, Castlebar Street, Westport, Co. Mayo; 2 nd 4 th December 2011 It is recommended that the following resolution be adopted by the Council; That the list of Conferences/Seminars/Training Courses set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act It was proposed by Councillor T. Joyce, seconded by Councillor M. Baker and RESOLVED: That the list of Conferences/Seminars/Training Courses set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act Councillor H. Lewis and Councillor M. Halpin wished it recorded that they were not in agreement with this approval. C/1046/11 Approval of Nominations in accordance with Section 142 (5) of the Local Government Act 2001 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED: Social Housing Assessment Regulations 2011, Carlton Atlantic Coast Hotel Westport, The Quay, Westport, Co. Mayo, 14 th 16 th October Cllr Barry Saul (Cancelled - Could not attend) Cllr Jim O Dea (Cancelled - Could not attend) 15

16 Strategic Planning for 2012 Creating a practical plan for maximum personal productivity in 2012, Maldron Hotel Portlaoise, Midway, Abbeyleix Road, Portlaoise, Co. Laois, 11 th 13 th November Cllr Grace Tallon (Cancelled - Could not attend) Cllr Victor Boyhan Cllr Barry Saul The role of the Regional Authority in the operation of and policy making in Local Government, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City, 21 st 23 rd October Cllr Maria Bailey (Councillor did not attend this conference) Local Government Powers to create/abolish Rights of Way, Changes in the law in respect of Rights of Way introduced under the Land & Conveyancing Law Reform Act 2009, Future Implications for Landowners, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City, 4th - 6th November Cllr Tony Fox Cllr Maria Bailey Cllr Pat Hand Nuclear Free Local Authorities Ireland Seminar, Council Chamber, Wexford Civic Offices, Carricklawn, Wexford, 11 th November Cllr Victor Boyhan Cllr Pat Hand Cllr Tony Fox The Irish Parking Association Parking Ireland 2011 Seminar, Burlington Hotel, Dublin 4, 10 th November Cllr Victor Boyhan Waste Water Discharge Control Design, operation and maintenance, Carlton Hotel Tralee, Dan Spring Road, Tralee, Co. Kerry, 11 th 13 th November Cllr Gearóid O Keeffe Cllr Gerry Horkan A National Tourism Conference: Tourism The potential for economic growth, Falls Hotel, Ennistymon, Co. Clare, 25 th 26 th November Cllr Gerry Horkan Cllr Barry Saul Cllr Jane Dillon Byrne Training Seminar for Councillors: The Local Government Budget 2012, The Carlton Millrace Hotel, Bunclody, Co. Wexford, 18 th 20 th November Cllr Maria Bailey Cllr Pat Hand Cllr Jane Dillon Byrne Promoting Volunteerism, Westport Plaza Hotel, Castlebar Street, Westport, Co. Mayo, 2 nd 4 th December Cllr Barry Saul Cllr Pat Hand Mid West Regional Authority Environmental Designations Barriers or Opportunities, Greenhills Hotel, Ennis Road, Limerick, 4 th 5 th February Cllr Carrie Smyth It is recommended that the following resolution be adopted by the Council; 16

17 That the attendance at Conferences/Seminars/Training Courses as set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act It was proposed by Councillor B. Saul, seconded by Councillor J. O Dea and RESOLVED: That the attendance at Conferences/Seminars/Training Courses as set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act Councillor H. Lewis and Councillor M. Halpin wished it recorded that they were not in agreement with this approval. C/1047/11 Conference Report Documents Submitted In Accordance With Section 142 (5) Of The Local Government Act 2001 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED: Conference Details Approved at meeting Councillors Attended Time Management, Media & IT Skills, Celtic Ross Hotel, Rosscarbery, West Cork, 8 th 10 th July Councillors Training Seminar: The Councillor & The Local Government Environment Service, Hyland s Hotel, Ballyvaughan, Co. Clare, 22 nd 23 rd July A Briefing for Local Authority Members, Current Issues in Education, The Kingsvalley Hotel, Merlin Park, Galway City, 25 th 27 th July Councillors Training Seminar: The Local Government Planning Service, West Cork Hotel, Skibbereen, Co. Cork, 12 th 13 th August Domestic Water Meters for Ireland; Implications for Irish Consumers and Business, Ravensdale Suite, Carrickdale Hotel, Carrickarnon, Dundalk, Co. Louth, 9 th 11 th September LAMA Autumn Seminar 2011, Clonea Strand Hotel, Dungarvan, Co. Waterford. Effective Representations for your Constituents, Manor West Hotel, Tralee, Co. Kerry, 23 rd 25 th September ICSH Biennial Social Housing Conference, Galway Bay Hotel, Salthill, Co. Galway, 27 th 28 th September Conference Report Received Claim Form Received 12 th September 2011 Councillor G. Horkan No No 12 th September 2011 Councillor G. Horkan No No 12 th September 2011 Councillor J. Bailey 12 th September 2011 Councillor G. Horkan No No 10 th October 2011 Councillor B. Saul 14 th November 2011 Councillor G. Horkan No No 10 th October 2011 Councillor G. O Keeffe No No 10 th October 2011 Councillor J. Dillon Byrne Councillor S. Fitzpatrick 17

18 La Touche Legacy Committee s 2011 Autumn Seminar, Charlesland Golf & Country Club Hotel, Greystones, Co. Wicklow, 30 th September 2 nd October IPI Autumn Conference 2011, The Gibson Hotel, Dublin 1, 21 st October Getting A Grip 2011; Substance Misuse A Health or Criminal Justice Issue?, Europe Hotel & Conference Centre, Killarney, Co. Kerry, 6 th 7 th October New Government Regulations and how they affect the Domestic Home, The Kinsgvalley Hotel, Merlin Park, Dublin Road, Galway City, 7 th 9 th October Local Government & Planning Seminar for Councillors, Patrick Punch Hotel, Limerick, 8 th 9 th October Social Housing Assessment Regulations 2011, Carlton Atlantic Coast Hotel Westport, The Quay, Westport, Co. Mayo, 14 th 16 th October Maximising the Value of our Maritime Resource, Marine Institute, Oranmore, Galway, 21 st October Optimising Taxation Allowances & Benefits & Revenue On- Line Service Workshop, Celtic Ross Hotel, Rosscarbery, West Cork, 21 st 23 rd October Local Government Powers to create /abolish Rights of Way, Changes in the law in respect of Rights of Way introduced under the Land & Conveyancing Law Reform Act 2009; Future Implications for Landowners, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City, 4 th 6 th November A National Tourism Conference, Fall s Hotel, Ennistymon, Co. Clare. La Rencontre de Potsdam, Reithalle A, Schiffbauergasse, Potsdam, Germany, 28 th 30 th October International Community Development Conference, NUI Maynooth, Co. Kildare, 16 th November Training Seminar for Councillors: The Local Government Budget 2012, The Carlton Millrace Hotel, Bunclody, Co. Wexford, 18 th 20 th November th November 2011 Councillor J. Bailey 14 th November 2011 Councillor N. Bhreathnach Councillor G. Tallon N/A N/A 14 th November 2011 Councillor G. O Keeffe No No 14 th November 2011 Councillor M. Bailey 14 th November 2011 Councillor C. Devlin Councillor P. Hand Councillor V. Boyhan Councillor T. Fox No No No 14 th November 2011 Councillor P. Hand 14 th November 2011 Councillor J. Dillon Byrne Councillor T. Fox Councillor P. Hand Councillor M. Bailey 14 th November 2011 Councillor C. Devlin Councillor B. Saul 12 th December 2011 Councillor M. Bailey Councillor T. Fox Councillor P. Hand 12 th December 2011 Councillor J. Dillon Byrne Councillor G. Horkan Councillor B. Saul 14 th November 2011 Councillor R. Humphreys 14 th November 2011 Councillor N. Richmond 14 th November th December th December th December 2011 Councillor V. Boyhan Councillor J. Dillon Byrne Councillor M. Bailey Councillor P. Hand No No No No No No No No No No No No 18

19 Nuclear Free Local Authorities Seminar, Wexford Civic Offices, Carricklawn, Co. Wexford, 11 th November Irish Parking Association Parking Ireland 2011 Seminar, Burlington Hotel, Dublin 4, 10 th November Waste Water Discharge Control Design, operation and Maintenance, Carlton Hotel Tralee, Dan Spring Road, Tralee, Co. Kerry, 11 th 13 th November Strategic Planning for 2012 Creating a practical plan for maximum personal productivity in 2012, Maldron Hotel Portlaoise, Midway, Abbeyleix Road, Portlaoise, Co. Laois, 11 th 13 th November th December 2011 Councillor V. Boyhan Councillor P. Hand Councillor T. Fox No No No No 12 th December 2011 Councillor V. Boyhan No N/A 12 th December 2011 Councillor G. O Keeffe Councillor G. Horkan 12 th December 2011 Councillor V. Boyhan Councillor B. Saul No No No No No No It is recommended that the following resolution be adopted by the Council; That the Conference Report Documents submitted from attendance at Conferences/Seminars/Training Courses as set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act It was proposed by Councillor B. Saul, seconded by Councillor D. O Callaghan and RESOLVED: That the Conference Report Documents submitted from attendance at Conferences/Seminars/Training Courses as set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act Councillor H. Lewis and Councillor M. Halpin wished it recorded that they were not in agreement with this approval. C/1048/11 Proposed Disposal of Properties Proposed Disposal of Affordable Housing Units at The Belfry, Enniskerry Road, Stepaside, Dublin 18, acquired under Part V of the Planning & Development Act 2000, as amended, and the Housing (Miscellaneous Provisions Act, 2002 as amended The following notice, copy of which had been circulated to the Members, was CONSIDERED: COMHAIRLE CONTAE DHÚN LAOGHAIRE-RATH AN DÚIN (Dún Laoghaire-Rathdown County Council) TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNCIL Proposed disposal of Affordable Housing units at The Belfry, Enniskerry Road, Stepaside, Dublin 18, acquired under Part V of the Planning & Development Act 2000, as amended, and the Housing (Miscellaneous Provisions) Act, 2002 as amended 19

20 In accordance with Part V of the Planning & Development Act 2000 as amended, the Council have acquired seventy-seven apartments at The Belfry, Enniskerry Road, Stepaside, Dublin 18, consisting of 22 x one-bedroom, 40 x two-bedroom and 15 X three-bedroom apartments, from John Fleming Construction Ltd. These units are being offered to eligible applicants in accordance with the terms of the Council s Affordable Housing Scheme and to others at the open market price, with priority being given to affordable housing applicants and to first-time buyers. It is now proposed to dispose of one of these units, a two bedroom apartment, to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting). This unit is being offered in accordance with the Council s Affordable Housing Scheme. A drawing showing the location of the unit and a schedule showing the sale price will be available at the meeting. In order to comply with the requirements of Section 183 of the Local Government Act 2001, the consent of the Council is required for this disposal. It is therefore recommended that the Council approve the following resolution: The Council agree that the disposal of one housing unit at The Belfry, Enniskerry Road, Stepaside, Dublin 18 be carried out in accordance with the Affordable Housing Scheme as set out in the foregoing report. 22 nd November 2011 Signed: Charles Mac Namara Director of Housing It was proposed by Councillor L. McCarthy, seconded by Councillor T. Joyce and RESOLVED: That the Council agree that the disposal of one housing unit at The Belfry, Enniskerry Road, Stepaside, Dublin 18 be carried out in accordance with the Affordable Housing Scheme as set out in the foregoing report. C/1049/11 Proposed Disposal of Properties Proposed Disposal of Fee Simple Interest on (address withheld) to (name withheld) The following notice, copy of which had been circulated to the Members, was CONSIDERED: COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DUIN (Dun Laoghaire-Rathdown County Council) TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL PROPOSED DISPOSAL OF FEE SIMPLE INTERESTS PURSUANT TO THE LANDLORD AND TENANT (GROUND RENTS) (NO 2) ACT, It is proposed in accordance with the provisions of Section 17 of the Landlord and Tenant (Ground Rents) (No.2) Act, 1978 and subject to the provisions of Section 183 of the Local Government Act 2001 to dispose of the Fee Simple Interest to the lessee of the dwelling set out on the schedule hereunder. 20

21 The purchase price, calculated in accordance with the provisions of Section 17(3) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 and Circular Letter H41/78 from the Department of the Environment will be 20 times the annual ground rent, plus arrears (if any) and an administration fee of The sites in question are shown outlined on the attached Drawing Number PL The Law Agent has advised that the lessee is entitled to purchase the Fee Simple Interest on the terms proposed. Disposal will be by means of a Transfer Order as prescribed by the Minister for the Environment, Heritage and Local Government. Any condition specified in the instrument by which the lease was effected in respect of the repayment of the purchase price of the leasehold interest shall attach to the Fee Simple. Ground Rent Lessee Dwelling Annual Consideration Ground Rent Drawing No. (name withheld) (address withheld) PL It is proposed that the Fee Simple Interest in the properties listed above be disposed of in accordance with the provisions of Section 17 of the Landlord and Tenant (Ground Rents) (No.2) Act, 1978 and subject to the provisions of Section 183 of the Local Government Act, The Seal of the Council is to be affixed to any necessary legal documents involved. Owen P. Keegan, County Manager. Dated this 22 nd day of November 2011 It was proposed by Councillor B. Ward, seconded by Councillor P. Stewart and RESOLVED: That the proposed disposal of fee simple interest as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report. C/1050/11 Proposed Disposal of Properties Proposed Disposal of Council s Freehold in Plot 82a to St. Columba s College, College Road, Rathfarnham, Dublin 14 The following notice, copy of which had been circulated to the Members, was CONSIDERED: COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DUIN (Dun Laoghaire-Rathdown County Council). TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL. LD 2214 Proposed disposal of Council s Freehold Interest in Plot 82a and Plot 125a to St. Columba s College, College Road, Rathfarnham, Dublin 16 As part of the Southern Cross Route Motorway Scheme 1991, land was acquired from St. Columba s College, College Road, Rathfarnham, Dublin 16. As part of the negotiations to 21