DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Transcription

1 DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL Minutes of the County Council held in the Council Chamber, County Hall, Marine Road, Dún Laoghaire, Co. Dublin on Monday, 10 November 2008 at 5.00 pm PRESENT Bailey, John F Bailey, Maria Baker, Marie Bhreathnach, Niamh Byrne, J. Conway, B. Cosgrave, L. Crowe, G. Culhane, Aidan Devlin, Cormac Dillon Byrne, Jane Fallon, C. Feighery, G. Fox, Tony Hand, Pat Holohan, R. Horkan, Gerry Joyce, Tom Kivlehan, T. Marren, Donal Matthews, T. McCarthy, Lettie Mitchell O'Connor, Mary O'Callaghan, Denis O'Higgins, T. O'Keeffe, Gearoid O'Leary, Jim Smyth, Carrie Apologies for inability to attend were received for Councillor An Cathaoirleach, Councillor Denis O'Callaghan presided. OFFICIALS PRESENT Owen Keegan (County Manager), Kathleen Holohan (Deputy Manager), Tom McHugh (Director of Transportation), Frank Austin (Director of Water & Waste Services), Mary Mallon (Director of Services), Tom Loftus (Director of Services Transportation), Charles Mac Namara (Director of Housing), Michael Hogan (Head of Finance), Richard Cremins (Senior Planner), John Broderick (Senior Executive Engineer Transportation), Maura Murphy (Administrative Officer Corporate Services) and Pamela Graydon (Senior Staff Officer Corporate Services) C/513/08 Resolution pursuant to Section 140 of the Local Government Act, 2001 submitted by Councillors Gene Feighery, Tom Kivlehan and Ruairí Holohan "We the Members of Dún Laoghaire-Rathdown County Council pursuant to Section 140 of the Local Government Act 2001 hereby require and direct the County Manager to do as follows: To provide the members of this Council with copies of the existing freehold, leasehold and any other assignments and maps from the department of the Marine on the lands containing the Dun Laoghaire Baths site and foreshore and to set out in detail the restrictions and encumbrances outlined therein. To explain why limitations on these leases were not notified to this 1

2 Council when considering plans for the Dun Laoghaire Baths. To provide to the members of this Council a full breakdown of the costs incurred as follows: Consultants Fees; Advertising; Public Consultation. The Manager indicated that a full reply to the questions raised in the motion had been circulated to all Members. An Cathaoirleach, Councillor T. Joyce RULED that as the information sought in this Section 140 motion had been supplied in the report, the report of the Manager was NOTED, and the motion dealt with. C/514/08 Confirmation of Minutes Minutes of Meeting of County Council held on 13 October 2008 were CONSIDERED: It was proposed by Councillor L. Cosgrave, seconded by Councillor J. Dillon Byrne and RESOLVED: That the minutes of County Council meeting held on 13 October 2008 be ADOPTED and APPROVED. C/515/08 Vote of Condolence A vote of condolence was passed with the family of Former Councillor Paul Rowan, R.I.P. A vote of condolence was passed with the family of Mr. Thomas Craddock, R.I.P. A vote of condolence was passed with Mr. Jim King and family on the recent death of his daughter. A vote of condolence was passed with the family of Mr. Edward Gannon, R.I.P. A vote of condolence was passed with the family of Ms Maura Farrell, R.I.P. An Cathaoirleach, the Members, the Manager and staff observed one minutes silence. C/516/08 Suspension of Standing Orders It was proposed by Councillor J. F. Bailey and seconded by Councillors M. Bailey, L. Cosgrave, M. Baker, T. O Higgins and M. Mitchell O Connor: To propose the suspension of standing orders on 10 November 2008 to discuss Budget 2009 and the effect on the residents of Dún Laoghaire-Rathdown. It was AGREED to suspend standing orders at 7.15 p.m. to discuss the effect Budget 2009 will have on the residents of Dún Laoghaire-Rathdown. 2

3 C/517/08 Questions It was proposed by Councillor M. Bailey, seconded by Councillor C. Smyth: That pursuant to Standing Order No. 110 question numbers A.1 to A.17 inclusive be ADOPTED and APPROVED. C/518/08 Temporarily Turning Off the Water Supply Question: Councillor J. Bailey "To ask the Manager to review the procedure for notification to households when the Council intends temporarily turning off the water supply. Specifically the Manager should consider using the media to provide notification of such action?" Reply: The current system of notification of households has been established after many years of experience. A leaflet drop to customers in the affected area a few days before the proposed shut-down of water supply has achieved best results. In the event that a leaflet drop is not practicable and an exceptionally large number of customers will be affected, both print and radio media are used to inform the public. C/519/08 Higher Level Education Grants Question: Councillor J. Bailey "To ask the Manager to outline: 1. How many applicants were granted a Higher Level Education Grant by this Council this year, 2008; 2. How many applicants were granted a Higher Level Education Grant by the Council last year 2007; 3. Will there be any delay in paying out these grants this year, 2008?" Reply: 1. To date under the 2008/2009 Higher Education Grants Scheme the Council has paid 323 grants; 2. A total of 952 students recieved grants under the 2007/2008 Scheme; 3. It is not foreseen that there will be any undue delay on the part of the Council in paying out grants. C/520/08 Waste Collection Charges Question: Councillor J. Bailey "To ask the Manager to outline (a) How many householders have paid their waste collection charges for years 2005, 2006 & 2007; (b) How many householders have not yet paid these charges for years 2005, 2006 & 2007; (c) How do these figure compare to the figures of 2002, 2003 & 2004; (d) How many waivers were issued in all of the above years?" 3

4 Reply: (a) The published National Service Indicator Rev. 4 for 2005, 2006 and 2007 records the proportion of households, where refuse charges were paid in full to the local authority by year end or were waived during the year in question. Partial payments for each year have not been included. Households that have paid their charges or have been waived charges at any stage since the year-end are not included in the statistics below. Rev. 4 % Paying Refuse Charges at year-end Year Number a/c s Paid in full or waived % ,070 * 34.49% ,996** 19.86% ,766** 15.1% Prior to 2005 householders were invoiced for a flat charge early in the year and many paid up front. From 2005 the Council commenced charging on a pay-by-weight basis, where householders are issued statements, based on standing charges, weights and lifts, in arrears unlike the previous system of issuing invoices early in the year for payment of a flat charge or a tag system, which operates in many local authorities, where householders pay up front for tags. Obviously, as we bill in arrears, the final statements from 2005 onwards issued the subsequent year. Again this amount, while due for the year, is not due in the year. As a result people paying their charges on the basis of statements are most unlikely to pay all the charges due for the year by year-end. *2005 saw the introduction of pay-by-weight. and many householders paid a flat charge up front. Many of these were in credit at 31/12/05 even after factoring in the final statement. But the % for 2005 was down dramatically on **The % for 2006 and subsequent years is significantly reduced, as it is highly unlikely that any householder has a credit on their account to match the final statement. In 2007, there was a reduction in the number of households availing of the Council s service as a result of private service providers entering into the market in DLR. (b) Number not Paying Refuse Charges at year-end is as follows: Year Number a/c s , , ,146 Households that have paid their charges or have their charges waived at any stage since the year-end are not accounted for in the above statistics. In 2007, the overall number of accounts was reduced as a result of alternative service providers entering into the market in DLR. (c) Number Paying Refuse Charges at year-end Year No. A/C s Paid in full or waived % 4

5 , % , % , % Households that have paid their charges or have their charges waived at any stage since the year-end are not accounted for in the above statistics. (d) Waivers at year- end Waiver statistics Total 5,313 5,337 4,777 6,031 2,605 N/A Processed Granted 4,097 4,266 4,103 5,037 1,773 2,890 Refused 1,216 1, N/A Households that have been waived charges at any stage since the year-end are not included in the above statistics. It is estimated that up to 25% of households availing of the Council s household waste service may be eligible for a waiver under the Council s scheme. However it is not possible to quantify the number of households who would qualify, as the Council is not aware of the applicants' income circumstances until they make their applications. The waiver schemes remain open for applications. C/521/08 Council's Policy in Relation to the Regular Sweeping of Roads Question: Councillor M. Bailey "To ask the Manager to outline the Council's policy in relation to the regular sweeping of roads, particularly in residential estates and to provide a list of the estates which the Council regularly sweeps?" Reply: The draft road sweeping schedules provide for towns and villages and some main routes to be swept on a daily or weekly basis depending on the level of usage. Residential areas and some less trafficked routes are scheduled on a four week basis and a small number of residential areas scheduled for an eight week rota. The draft road sweeping schedule which was recently circulated to the Elected Members, contains a full list of all the residential estates that are currently swept. C/522/08 Affordable Housing Scheme for Question: Councillor M. Bailey To ask the Manager to present a report to the Council outlining the Affordable Housing Scheme for 2008/2009 and how many applicants have been successful in 2007/2008? Report: "The Council adopted the current Affordable Housing Scheme at its meeting held in December Following adoption, applications for inclusion in a new priority list were invited by public advertisement with a closing date of 10 th April It was also agreed that approx. 900 applicants who had been included on the previous affordable housing 5

6 list following a lottery held in December 2005, and who had not by that time been allocated an affordable dwelling, would automatically be included in the new lottery. On 8 th June 2007 all new applicants, whose applications were received by the above closing date, together with those applicants from the previous list were entered into a draw to determine the order in which they would be assessed for offer of an affordable home. Applicants retain their place on this list until the Council is in a position to make an offer of an affordable home. New applications are added to the end of the list by way of quarterly draw. The current number of applicants on the list now stands at 4,620. In accordance with the adopted scheme, affordable dwellings are offered as follows:- (1) 1/3 of affordable dwellings in an Electoral Ward are reserved for eligible applicants who can satisfy the Council that they have at any time lived in that Electoral Ward for a continuous period of not less than five years. Applicants can only claim priority in one of the six Electoral Ward areas. (2) A further 1/3 of affordable dwellings are reserved for eligible applicants (including those in 1 above) who can satisfy the Council that they have at any time lived in the Dún Laoghaire-Rathdown County for a continuous period of not less than five years. (3) The final 1/3 of affordable dwellings are reserved for all eligible applicants including those at 1 and 2 above. In 2007, construction was completed on a total of 152 affordable dwellings, sales closed in relation to 72 dwellings during To date during 2008, a further 244 affordable dwellings have been completed, 190 sales have closed during 2008 and the balance of 134 dwellings are at various stages of offer, e.g. offer accepted and contracts exchanged, on offer awaiting acceptance, or in process of being offered to approved applicants. These units are located throughout the County in the Stepaside, Goatstown, Stillorgan, Dundrum, Blackrock and Dun Laoghaire areas. C/523/08 Fines for Dog Fouling Question: Councillor M. Baker "To ask the Manager to explain the following: 1. The number of staff who have the authority to issue fines for dog fouling? 2. On what basis is such a fine issued? 3. The cost of such a fine? 4. How many of these fines are paid?" Reply: 1. 6 Litter Wardens, 1 Dog Warden and the Supervisor to the Wardens are authorised to issue fines under the Litter Pollution acts , including Section 22 Dog Fouling, as are members of the Gardai. 2. A Dog Fouling fine is issued in cases where: a. The offence has been witnessed by a member of staff mentioned in part 1 above or b. Where the offence has been witnessed by another person, i.e. a member of the public and it has been put in writing confirming the date, time and location of the offence and c. When the dog owner(s) name and address can be identified. 3. All on-the-spot fines under the Litter Pollution Act are in the amount of Failure to pay will result in a prosecution being prepared 6

7 and fines in Court can be up to 3, The following is the number of fines issued and paid over the last 10 years: Year Fines Issued Fines Paid plus one prosecution 2008 (Jan to Oct) 0 C/524/08 Incidences of Dog Fouling Question: Councillor M. Baker "To ask the Manager how many complaints are made to the Council each year in relation to incidences of dog fouling?" Reply: In complaints about specific dogs were received, however the witnesses were not willing to give details of the complaint in writing. When general complaints about dog fouling in different estates, villages, parks, etc are received the Dog Warden carries out licence checks, going door to door to all registered dog owners in the effected area and to any additional houses where he sees dog(s). Annually over 100 areas are checked, the majority of which would have been done based on fouling complaints and dogs running loose in residential areas. This has resulted in 106 fines under the Control of Dogs Act 1986 being issued to date this year. Additionally, every dog owner that the Warden speaks to while carrying out licence checks is reminded of their obligation under the Litter Pollution Acts to clean up after their dog(s). Furthermore, the Dog Warden and 6 Litter Wardens regularly patrol the beaches, parks and main pedestrian routes, warning all dog walkers of their legal obligations. Signage has also been erected by the Wardens and, historically, has resulted in an improvement in these areas. Currently a new series of anti-dog fouling signs are being printed. The signs will be neighbourhood specific, i.e. Keep Dun Laoghaire Clean will be on the signs erected in and around Dun Laoghaire Town Centre. It is hoped that these signs will be ready for placing around the County late this year. Also starting this month, all licence reminder letters sent to dog owners will also include a free pooper-scooper in addition to an information leaflet on Control of Dogs. Pooper- Scoopers are available free of charge from both of the Council s offices. C/525/08 Fines for Dog Fouling in Public Places 7

8 Question: Councillor M. Baker "To ask the Manager how many fines are issued each year in the County in relation to dogs fouling in public places?" Reply: The following are the number of fines issued under Section 22 of the Litter Pollution Acts Dog Fouling: Year Fines Issued (Jan to Sept) C/526/08 County Wide Speed Limit Review Question: Councillor M. Baker "To ask the Manager the following: 1. When will the County Wide speed limit review be concluded? 2. When will the amended speed limits be brought before the Council for adoption?" Reply: A progress update on the Speed Limit Review 2008 was presented to the Transportation SPC meeting on Tuesday 9 th September. It was agreed at this meeting that a special sitting of the SPC would be arranged to finalise the speed limit changes that are to be included in the 2008 review. This special sitting of the SPC took place on Thursday 6 th November Following this meeting, it was agreed to go on public display later this year and following public consultation, the Speed Limit Review will be brought to the Council for adoption in early C/527/08 Fines Issued in Respect of Dog Fouling in the County Last Year Question: Councillor G. Crowe "To ask the Manager how many fines were issued in respect of dog fouling in the County last year?" Reply: In fines were issued under Section 22 of the Litter Pollution Acts Dog Fouling. 8

9 C/528/08 Public Notices Question: Councillor G. Feighery "To ask the Manager to indicate the amount of funding spent on Public Notices in the Media including National and Local Press as follows: (a) - Statutory Notices (b) - Non Statutory Notices?" Reply: Over a 9 month period (Jan-Sept 08) there was a spend of 211, on advertising in the National and Local Papers. 100,513 was spent on Statutory Notices and 111, was on Non Statutory Notices (of the Non-Statutory notices, 56, was spent on Recruitment notices). C/529/08 Consultants Fees Question: Councillor G. Feighery "To ask the Manager to provide the Council with a definitive figure for Consultants Fees for the years 2006, 2007, to date, and in his response give a detailed breakdown of: The name of the Consultants; The Project; The Project Fee?" Reply: The information required is not readily available. A report is being prepared and will be circulated to all Councillors in the near future. C/530/08 Emergency Contact Numbers Question: Councillor L. McCarthy "To ask the Manager, please provide Members with emergency contact numbers in the event of a fault occurring at signalised junctions over weekends / outside office hours?" Reply: Traffic signalising faults are presently communicated during office hours by the Council's Traffic Section direct to the Council's Traffic Signal Maintenance Contractor. 'After Hours' contact is directed to the An Garda Traffic Control Centre, Harcourt Street, through the reporting of faults from local Garda Stations made by members of the public once received. The specific details of all faults and their location is verified by the Traffic Signal Maintenance Contractor with the local Garda Station. The decision to restrict access to the after-hours number to An Garda Siochana and the Traffic Section was taken jointly between the Council and the Signal Maintenance Contractor to limit 'spurious fault reports'. Traffic Section is satisfied that the current reporting system and response time of the Traffic Signal Maintenance Contractor is proving satisfactory. Traffic Section experienced an intermittent fault at a signalised junction in the Glencullen area over the past numbers of weeks. Due to the nature of the fault, a stepped approach 9

10 in determining the fault was undertaken until the nature of the fault could be rectified in full. This meant in effect that the traffic signal junction intermittently 'tripped' until the full fault was rectified. A full technical report can be issued to the members if required on this traffic signal fault occurrence by contacting the Senior Engineer - Traffic. C/531/08 Progress Report Question: Councillor D. O'Callaghan "To ask the Manager for a progress report on the Council s Proposed Draft Bye-Laws for the Storage and Collection of Household and Commercial waste?" Reply: Submissions from the Public and the Waste Industry have been received in connection with the proposed Storage and Collection of Household and Commercial Waste Bye Laws. These submissions have necessitated careful assessment in order that fair and balanced Bye Laws can be recommended to the Council for approval. It is expected that these Draft Bye Laws will be before the Council at the December meeting. C/532/08 Enforcement Proceedings Question: Councillor G. O'Keeffe "To ask the Manager what constitutes or defines a hedgerow for the purpose of enforcement proceedings if same is removed from land adjacent to private properties?" Reply: A hedge is normally defined as a row of shrubs or bushes forming a boundary. If a hedgerow between two properties is removed it is considered to be a civil matter to be resolved between the parties concerned. If a hedgerow forms part of a boundary treatment onto a public road and it is removed, the Enforcement Section would commence enforcement proceedings requiring a boundary treatment to be reinstated. However, if the land in question is the subject of a planning permission and contains a condition that the hedgerow is to be retained, the Planning Enforcement Section would commence enforcement proceedings against the developer/owner if it is removed. The Enforcement Section would serve an Enforcement Notice requiring the reinstatement of the hedgerow to its condition prior to its removal, within a specified timeframe. Failure to comply with the requirement of an Enforcement Notice would result in prosecution proceedings being brought against the owner of the land in question. C/533/08 Detailed Examination of Trees and Shrubs Question: Councillor G. O'Keeffe 10

11 "To ask the Manager to undertake a detailed examination of trees and shrubs in The Park Estate, Highlands, Sycamore, Vale View, Park Drive and The Glen and to provide the Council with a comprehensive report on the status of these trees/shrubs and to provide a timetable for their removal/replanting/pruning etc within an acceptable timeframe?" Reply: The street trees in The Park Estate (beside Cabinteely Park) are semi-mature specimens of a number of very common species. Some of these trees are very suitable, maintain a compact shape and have attractive ornamental features suitable for a sub-urban residential estate like this (e.g. Ornamental Mountain Ash with attractive spring flowers, autumn colour and berries). However there are also numerous unsuitable trees and many of these are now beginning to outgrow the site (e.g. large Norway Maple trees in road margins). Since 2007 the Parks Department has undertaken a significant amount of tree pruning in the estate (often at the request of particular residents) to give trees the optimum shape and minimise inconvenience or shade to residents. Lower and overhanging branches are removed and occasionally trees deemed unsuitable are removed. This pruning programme is ongoing, we anticipate that it will take 5-6 years before all unsuitable trees are removed and replaced in such a way that no significant adverse impact occurs to the overall tree layer in the estate. C/534/08 Extend the Skate Park Facilities at Monkstown Pool and Fitness Centre throughout Dún Laoghaire-Rathdown County Council Area Question: Councillor C. Smyth "To ask the Manager to make provisions to extend the Skate Park facilities at Monkstown Pool and Fitness Centre throughout Dún Laoghaire-Rathdown County Council area?" Reply: It is planned to develop a skatepark facility as part of the proposed Samuel Beckett Civic Campus project. C/535/08 Conferences The following Conferences, copies of which had been circulated to the Members, were CONSIDERED: (a) (b) (c) (d) Association of Irish Regions 11 th Annual Conference Ireland s Waters An Untapped Resource? The Inchydoney Island Lodge & Spa Hotel, Clonakilty, Co. Cork, 17 th October 2008 Councillors Training Seminar.The Role of Local Government in Protecting our Water Resources The Connemara Gateway Hotel, Oughterard, Co. Galway, 9 th 12 th October 2008 North South Confederation of Councillors Seminar. The Good Friday Agreement 10yrs on Clifden Station House Hotel, Clifden, Galway, 24 th & 25 th October 2008 Culture & The City Keeping Dublin Creative The National Gallery, Merrion Square West, Dublin 2, 21 st October

12 (e) Councillor Training Seminar Irish Language Course, Connemara Coast Hotel, Furbo, Co. Galway, 26 th 29 th October 2008 (f) Training Seminar for Councillors Anti-Social Behaviour and Associated Health and Safety Issues, Carraig Hotel, Main Street, Carrick-on-Suir, 31 st October 2 nd November 2008 (g) Training Seminar for Councillors, The Local Government Budget 2009, Carlton Millrace Hotel, Bunclody, Co. Wexford, 31 st October 1 st November 2008 (h) Local Government Social Inclusion Showcase Anti-Poverty Learning Network Meeting, Tower Hotel, Waterford, 12 th & 13 th November 2008 (i) Training Seminar for Councillors, Public Relations and Communication Skills for Councillors, Silver Tassie Hotel, Milford Road, Letterkenny, Co. Donegal, 14 th 16 th November 2008 (j) The Irish Planning Institute, Local Area Planning - Planning Opportunities and Challenges,The Radisson SAS Hotel, Golden Lane Dublin 8, 24th October 2008 (k) Constructive City and County Leadership through BID s, Mount Wolseley Hotel, Spa and Country Club, Tullow, Co. Carlow, 7 th November 2008 (l) Training Seminar for Councillors, Homelessness in Ireland, The City West Hotel, Dublin, 5 th & 6 th December 2008 (m) Municipal Solid Waste Meeting the Landfill Diversion Targets & The Necessary Standards for Pre-Treatment The Millennium Hall, City Hall, Anglesea Street, Cork City, 13 th November 2008 It was AGREED that the County Council be represented at Conferences (a) to (m) above. C/536/08 Approval of Nominations The following report of the Manager, copy of which had been circulated to the Members was CONSIDERED and APPROVED: Councillor Training Seminar, The Role of Local Government in Protecting our Water Resources, The Connemara Gateway Hotel, Oughterard, Co. Galway Councillor Pat Hand Association of Irish Regions, 11 th Annual Conference, Inchydoney Island Lodge and Spa Hotel, Clonakilty, Co. Cork Councillor Pat Hand Councillor Gerry Horkan The 2 nd National Water Summit 2008, Croke Park Conference Centre, Croke Park, Dublin Councillor Ciarán Fallon Local Area Planning, Opportunities and Challenges, Radisson SAS Hotel, Golden Lane, Dublin 8 Councillor Tom O Higgins Councillor Niamh Bhreathnach North South Confederation of Councillors Seminar, The Good Friday Agereement 10 years on, Clifden Station House Hotel, Clifden, Co. Galway Councillor Gareth Crowe Councillor Pat Hand Councillor Carrie Smyth 12

13 Councillor Jane Dillon Byrne Councillor Gerry Horkan Councillor Lettie McCarthy Councillor Louise Cosgrave Training Seminar For Councillors, Anti-Social Behaviour and Associated Health and Safety Issues, Carraig Hotel, Main Street, Carrick-on-Suir Councillor Trevor Matthews Councillor John Byrne Councillor Lettie McCarthy Training Seminar for Councillors, The Local Government Budget 2009, The Carlton Millrace Hotel, Bunclody, Co. Wexford Councillor Gerry Horkan Councillor Pat Hand Councillor Tom Kivlehan Councillor John Bailey Councillor Maria Bailey Councillor Tom O Higgins Councillor Jane Dillon-Byrne Councillor Tony Fox Family Life Today, The Greatest Revolution, 11 th Annual Céifin Conference, West County Hotel, Ennis, Co. Clare Councillor Trevor Matthews Constructive City and County Leadership through BID s, Mount Wolseley Hotel, Tullow, Co. Carlow Councillor Tom Kivlehan C/537/08 Monthly Financial Report The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED and NOTED: DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL REVENUE ACCOUNT FINANCIAL REPORT PERIOD: 01/01/08-30/09/ % EXPENDITURE PROGRAMME GROUP: TOTAL BUDGET EXP. as % EXPENDITURE of Budget. % A Housing & Building 23,719,802 37,387, B Road Transportation & Safety 22,166,287 30,135, C Water Services 24,149,536 31,460, D Development Management 6,629,854 11,578, E Environmental Services 36,673,513 53,308, F Recreation & Amenity 17,647,108 24,605, G Agriculture, Education, Health & Welfare 3,867,245 6,744, H Miscellaneous Services 5,132,520 6,794, J Service Support Costs 18,874,716 25,098, TOTAL: 158,860, ,114, INCOME 13

14 TOTAL BUDGET INC. as % RECEIPTS of Budget. % A Housing & Building 15,574,407 33,378, B Road Transportation & Safety 8,673,229 13,570, C Water Services 5,585,228 9,540, D Development Management 1,714,145 3,495, E Environmental Services 17,483,886 27,917, F Recreation & Amenity 3,795,029 5,721, G Agriculture, Education, Health & Welfare 3,758,453 6,070, H Miscellaneous Services 1,329,119 1,345, SUB TOTAL: 57,913, ,039, Commercial Rates 66,848,282 83,151, Local Government Fund 37,960,733 41,424, TOTAL INCOME: 162,722, ,614, SURPLUS/DEFICIT at 30/09/2008 3,861,931 Date 20/10/08 Signed: M.Hogan Head of Finance C/538/08 Temporary Borrowing By Way Of Overdraft, Half Year Ending 30th June, 2009 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED: The Council authorised borrowing to a maximum of 6.5m by way of temporary overdraft on the County Fund for the period 30 th June 2008 to 31st December It is necessary to continue the overdraft facilities for the period 1 st January 2009 to 30th June 2009 to a maximum of 6.5m. Consent of the Council to this proposal, subject to the sanction of the Minister for the Environment, Heritage and Local Government, is now required. Michael Hogan Head of Finance Department It was proposed by Councillor L. Cosgrave, seconded by Councillor A. Culhane and RESOLVED: That the report of the Manager be AGREED. C/539/08 Proposed Disposal of Properties Proposed Disposal of Properties at Goatstown Close The following notice, copy of which had been circulated to the Members, was CONSIDERED: 14

15 COMHAIRLE CHONTAE 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 Goatstown Close, Goatstown Road, Dublin 14, provided under the 1999 Affordable Housing Scheme In accordance with the Affordable Housing Scheme 2007, adopted by Council at its meeting held on the 11 th December 2006, a draw was held on the 8 th June 2007 to determine the order in which applicants would be assessed for the offer of an Affordable dwelling. Thirty-six affordable homes at Goatstown Close, Goatstown Road, Dublin 14 consisting of 1 x one-bedroom house, 28 x two-bed houses and 7 x three-bedroom houses have been constructed by Collen Construction Ltd on behalf of the Council and are being offered for sale in accordance with the 1999 Affordable Housing Scheme. The land on which house nos are situated is registered on Folio No 5832F County Dublin. The land on which house nos. 52, 54, 55, 56, 57, 58, 59, 63, 64, 65, 68 & 69 are situated was acquired from Richard Bertrand Simon Corballis by Deed of Assignment & Conveyance dated 16 th April The Council has previously approved the disposal of thirty-four units to applicants obtaining mortgage finance from one of the lending agencies approved to advance mortgages for the purchase of Affordable Housing. However, three applicants have since decided not to proceed with the purchase of a unit in this development and therefore it is now proposed to dispose of two of the five remaining units to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies and who are now in a position to purchase an affordable unit. In order to comply with the requirements of Section 183 of the Local Government Act 2001, it is now proposed to dispose of two units to eligible applicants who have accepted a Provisional Offer and who qualify for mortgage finance from one of the lending agencies approved to provide mortgages for the purchase of Affordable Housing (schedule available at the meeting). These units are being offered in accordance with the order in which applicants names were placed on the List from the draw held on the 8 th June A drawing showing the location of the units will be available at the meeting. The consent of the Council is sought for the disposal of these properties to the eligible applicants listed on the Schedule. 24 th October 2008 Signed: Kathleen Holohan Director, Housing It was proposed by Councillor G. Horkan, seconded by Councillor L. Cosgrave and RESOLVED: That the proposed disposal of affordable housing units as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report. C/540/08 15

16 Proposed Disposal of Properties Proposed Disposal of Properties at the Belfry, Parkview, Stepaside The following notice, copy of which had been circulated to the Members, was CONSIDERED: COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RATH AN DÚIN (Dún Laoghaire-Rathdown County Council) TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNCIL Proposed disposal of Affordable Housing unit at The Belfry, Parkview, Stepaside, Dublin 18, acquired under Part V of the Planning & Development Act 2000 (as amended) In accordance with the Affordable Housing Scheme 2007, adopted by Council at its meeting held on the 11 th December 2006, a draw was held on the 8 th June 2007 to determine the order in which applicants would be assessed for the offer of an Affordable dwelling. The Council has acquired fifty-nine apartments at The Belfry, Parkview, Stepaside, Dublin 18, consisting of 17 x one-bedroom and 32 x two-bedroom and 10 X threebedroom apartments under Part V of the Planning & Development Acts , from John Fleming Construction Ltd. The Council has previously approved the disposal of fourteen units to applicants obtaining mortgage finance from one of the lending agencies approved to advance mortgages for the purchase of Affordable Housing. It is now proposed to dispose of a further unit to an eligible applicant who has qualified for mortgage finance from one of the approved lending agencies and who is now in a position to purchase an affordable unit. In order to comply with the requirements of Section 183 of the Local Government Act 2001, it is now proposed to dispose of one further unit to an eligible applicant who has qualified for mortgage finance from one of the lending agencies approved to advance mortgages for the purchase of Affordable Housing (schedule available at the meeting). This unit is being offered in accordance with the order in which the applicant s name was placed on the List(s) from the draw held on the 8 th June A drawing showing the location of the unit will be available at the meeting. The consent of the Council is sought for the disposal of this property to the eligible applicant listed on the Schedule. 24 th October 2008 Signed: Kathleen Holohan Director, Housing It was proposed by Councillor D. Marren, seconded by Councillor D. O Callaghan and RESOLVED: That the proposed disposal of affordable housing units as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report. 16

17 C/541/08 Proposed Disposal of Properties Proposed Disposal of Fee Simple Interest to Lessees who Purchased Under the Tenant Purchase Scheme The following notice, copy of which had been circulated to the Members, was CONSIDERED: COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RÁTH AN DHÚN (Dun Laoghaire-Rathdown County Council) TO EACH MEMBER OF DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL LOCAL GOVERNMENT ACT SECTION 183 LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT 1978 DISPOSAL OF FEE SIMPLE INTEREST TO LESSEES WHO PURCHASED UNDER TENANT PURCHASE SCHEME It is proposed to dispose of the fee simple interest to the lessees of the dwellings set out hereunder. 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, Heritage and Local Government will be twenty times the annual ground rent. The sites in question are shown outlined in red on the drawing which will be submitted to the meeting. The Law Agent has advised that the lessees are 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. A fee of will be payable for the issue of the Transfer Order as per Circular Letter H33/78. 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. NAME DWELLING ANNUAL GROUND RENT (names withheld) (address supplied) (names withheld) (address supplied) DATE: 22 October 2008 SIGNED: KATHLEEN HOLOHAN DIRECTOR OF HOUSING It was proposed by Councillor D. O Callaghan, seconded by Councillor T. Kivlehan 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/542/08 Proposed Disposal of Properties 17

18 Proposed Disposal of Leasehold Interest in an Area of Land at (address supplied) 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). LD 2004 TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL. Proposed Disposal of leasehold interest in an area of land at (address supplied) to (names withheld) An application was received from (names withheld) to acquire an area of land adjacent to (address supplied) as shown outlined on Drawing No. PL The land is registered in the Land Registry, Co. Dublin to the Council under Folio F. The land was acquired from (name withheld) on 19 th July 1999 for the construction of the South Eastern Motorway. The matter was then referred to the Chief Valuer who entered into negotiations with (name withheld) and agreed the following terms and conditions: - (1) That the subject plot shall be disposed for a consideration of 20,000 (twenty thousand euro) to the applicant. (2) That the plot to be disposed of comprises an area measuring circa.252 sq.metres and is shown outlined in red on Drawing No. PL (3) That the subject plot shall not form part of a planning application for development for any purpose on the subject plot or on an adjoining plot. (4) That the applicant shall be granted a lease of the subject plot for garden purposes only and that no commercial use or buildings shall be permitted thereon. (5) That the lease shall be for a term of 25 years with 5 yearly rent reviews linked to the C.P.I. at an initial rent 1 per annum (if demanded). (6) That the applicant shall construct an appropriate boundary wall enclosing the plot, as specified by Dun Laoghaire Rathdown County Council. (7) That the applicant shall be responsible for the payment of the Valuer s fees plus the Council s legal fees. (8) That a wayleave shall be retained by the County Council for access to services, pipes and any manholes on the subject plot. (9) As the subject plot is adjacent to a Bord Gais Eireann wayleave the applicant should observe the following: - the wall and footings of the boundary wall shall lie wholly outside the Borad Gais Eireann wayleave and any directions given by Bord Gais Eireann during construction work must be adhered to. - Bord Gais Eireann shall be advised at least one week before any work commences on the boundary wall. - The guidelines in the enclosed Bord Gais Eireann Code of Practice must be observed. (10) That the above terms are subject to the necessary approvals and consents being obtained. The relevant Council Service Departments have no objections to this disposal. 18

19 This proposed disposal was included as an item for consideration on the agenda for the Dundrum Area Committee Meeting (Transportation, Economic Development and Planning) held on Wednesday 29 th October It is proposed to dispose of the Leasehold Interest in the area of land measuring circa. 252 sq. metres at (address supplied) as shown outlined on Drawing No. PL , to (names withheld) 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 on the Chief Valuer s terms and conditions as aforementioned. Owen Keegan, County Manager. Dated 23 day of October It was proposed by Councillor M. Baker, seconded by Councillor J. Dillon Byrne and RESOLVED: That the proposed disposal of leasehold interest as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report. C/543/08 Proposed Disposal of Properties Proposed Granting of a 25 Year Licence to the Trustees of Deerpark Tennis Club, Deerpark, Mount Merrion, Co. Dublin 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). LD TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL. Proposed granting of a 25 year Licence to the Trustees of Deerpark Tennis Club, Deerpark, Mount Merrion, Co. Dublin. The proposed granting of a Licence approved by Resolution of the Council at Full Council Meeting held on the 10 th December 2007 authorised the granting of a licence for a period of 10 years to the Trustees of Deerpark Tennis Club, Deerpark, Mount Merrion, Co. Dublin. The Trustees of Deerpark Tennis Club have now applied to the Council to extend the Licence from a period of 10 years to a period of 25 years to manage the clubhouse and tennis courts measuring circa..38 hectares at Deerpark, Mount Merrion, Co. Dublin as shown outlined on Drawing No. DRP The land was acquired in 1963 by Dublin County Council (of which Dun Laoghaire Rathdown County Council is the legal successor in title) from Francis Wilson and Charles Maher and is registered in the Registry of Deeds in Book 19 No. 220 as Freehold. 19

20 The Council s Parks (CCDA) Department has no objection to the proposed granting of a 25 year Licence. The following terms and condition to apply: 1. (a) The Club shall maintain and use the tennis courts for the playing of tennis games. (b) The Club shall maintain, use and control the clubhouse as a recreational facility for tennis players and for other recreational and community purposes as may be decided by the Club from time to time. 2. The Club shall at all times manage the tennis courts and the pavilion in such a manner so that they shall be an amenity to the neighbourhood and they shall not allow them to be used so as to be a nuisance to persons using them or to the owners or occupants of surrounding houses or to members of the public. In particular they shall not allow undue noise or commotion on the tennis courts or in the clubhouse. 3. (a) The Club shall at all times maintain proper order and conduct on the tennis courts and in the clubhouse and shall exclude from them any person whose conduct is not proper, orderly and decent. (b) Except during the playing of certain prearranged tournaments, championship and league matches etc., the Club shall ensure that one court be nominated and made available on a first come, first play basis to persons who are not members of the Club. There shall be separate waiting lists for the member s court and non-member s court. In the absence of non-members seeking to play, the members may use all of the courts. Where the court nominated for non-members is being used by Club members and a non-member seeks to play, the non-member shall have next call on the court and ahead of any waiting Club member. 4. The Club may set the annual membership fee for individuals and families. The Council may seek to consult with the club regarding the charge to be levied. 5. Any use of the tennis courts must be in accordance with the foregoing conditions. In addition to these the Club must take particular care to ensure that all such activities on the tennis courts are of a safe nature and so conducted so as to ensure that no avoidable danger is caused to participants, spectators or to any other persons or property and that any equipment brought on to the tennis courts is safe and in good order for the purpose for which it may be used. The Club shall ensure that no vehicles enter on to the courts at any time without the prior approval in writing of the Council save in the case of emergency. 6. The lands shall only be used as a recreational facility for the playing of tennis games. 7. The Club shall indemnify the Council against all claims for injury or damage to any persons or property arising from authorised use of the tennis courts or any other activities carried out thereon or for the authorised use of the tennis courts and the clubhouse or any activities carried out therein and shall take out and at all times during the continuation of this agreement 20

21 maintain (and produce to the Council on demand satisfactory written evidence thereof) with a reputable insurance company, a policy of insurance initially in the amount of 6.5m or the upper limit available from reputable insurance companies ( or, in the case of more than one upper limit being offered by reputable insurance companies, the higher upper limit on offer) whichever of the two is lower, in respect of any one claim, which sum shall be increased or decreased on the 1 st of January each year in line with the Consumer Price Index, indemnifying the club and the Council against every and all such claims. The policy shall include the condition that in the event of it being cancelled or reduced the Council shall be notified by the Insurer. 8. The Club shall be entitled to maintain and repair (and it acknowledged by the parties that any such maintenance and/or repair shall not constitute consideration for this agreement), but not alter, the tennis courts or the clubhouse in any material way. 9. The Council may by notice in writing to any of the Trustees advise of any breach of condition herein contained or of any failure to observe and perform any of the terms and covenants of this agreement and shall allow a period of fifty six days for the Club to make good or put right said breach of condition. Should the Club subsequently fail to amend the breach within the said period of 56 days, the Council may by notice in writing to any of the Trustees cancel this agreement and revoke this licence. In the event of this agreement being determined for any reason, the Council undertakes to reimburse the Club for its proportionate capital investment in the clubhouse and in any related developments on the tennis courts, such figure to be based on the current value of same at date of determination of the Agreement or to provide equivalent alternative facilities. In the event that agreement on this figure cannot be mutually agreed upon then the matter shall be referred to a single arbitrator to be mutually agreed by the Club and the Council. In the event of failure to agree on a mutually acceptable arbitrator, then the matter shall be referred to an Arbitrator who shall be appointed by the President for the time being of the Law Society. 10. The Club shall make available the use of the courts for tennis coaching or tournaments or summer projects etc. if requested to do so by the Council, based on an annual programme to be agreed in advance. 11. The Club shall be liable for and pay and discharge all rates, taxes, duties, charges, impositions, assessments and outgoings whether parliamentary local or of any other description which are now or may be at any time hereafter assessed, charged or imposed upon or payable in respect of the clubhouse. 12. The Club shall not be open between the hours of 10pm and 8am except in exceptional circumstances. 13. The Club shall be responsible for the collection of litter on the tennis courts and in the vicinity of the tennis pavilion, keeping clean both the clubhouse and the tennis courts. 14. The Club shall provide statistics and information relating to the use of the tennis courts and clubhouse annually to the Council. 15. The Club and the County Council shall meet annually, if requested, to review the operation of the courts and the clubhouse. 21

22 16. The club acknowledges that its occupation of the tennis courts and clubhouse shall be as a licensee only and not on foot of or in pursuance of any contract of tenancy. It is further acknowledged by the licensee that no relationship of landlord and tenant shall exist between the parties to this agreement throughout its duration and that the licensee will not attempt to exercise any rights pursuant to the Landlord and Tenant (Amendment) Act, 1980 nor any other landlord and tenant legislation. 17. The provisions of this agreement are intended to constitute a licence only, possession of the premises shall be retained by the Council subject to the rights granted by and to the provisions of this agreement. 18. An annual licence fee of 100 (which will be index linked) shall apply. It is proposed to grant a licence for a period of 25 years to the Trustees of Deerpark Tennis Club, Deerpark, Mount Merrion, Co. Dublin in the area of land measuring circa hectares at Deerpark Tennis Club,Deerpark, Mount Merrion, Co. Dublin, as shown outlined on Drawing No. DRP 1565 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 on the terms and conditions as aforementioned. Owen Keegan, County Manager. Dated 23 day of October It was proposed BY Councillor L. Cosgrave, seconded by Councillor R. Holohan and RESOLVED: That the proposed granting of lease as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report. C/544/08 Proposed Disposal of Properties Proposed Disposal of Fee Simple Interest Pursuant to the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 and subject to the provisions of Section 183 of the Local Government Act 2001 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, 1978 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 22