14/05/2012 COMHAIRLE CATHRACH BHAILE ÁTHA CLIATH fileto go „Paperless‟ and agree to receive all...

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14/05/2012 COMHAIRLE CATHRACH BHAILE ÁTHA CLIATH Miontuairiscí Chruinniúl Míosúil a tionóladh ar 14 Bealtaine 2012 i Seomra na Comhairle, Halla na Cathrach, Cnoc Chorcaí ag 6.45 i.n. I Láthair an tArdmheara, An Comhairleoir Andrew Montague sa chathaoir. 1. The Lord Mayor opened the meeting by appealing to Members of the City Council to go „Paperless‟ and agree to receive all their documentation in soft copy form. He stressed that in the interests of sustainability and economy, this is the way forward. He asked that Members contact the City Manager‟s Dept if they wish to fore-go hard copies of Agendae etc. in the future. He then informed Members that he would hold a Special Meeting of the City Council on 28 th May, to discuss the position arising from the recent High Court Judgement in relation to Z15 Land Zoning in the City Development Plan. He said this had been noted at Protocol Meeting on the 10 th May and that he advised that the meeting be Comhairleoir: Comhairleoir: Comhairleoir Gerry Ashe Kieran Binchy Paddy Bourke Tom Brabazon Gerry Breen Christy Burke Clare Byrne Julia Carmichael Aine Clancy Anthony Connaghan Pat Crimmins Pat Dunne Mary Fitzpatrick Declan Flanagan Mannix Flynn Mary Freehill Oifigigh John Tierney Philip Maguire Kathy Quinn Michael Phillips Seamus Lyons Terence O‟Keeffe John Gallagher Deirdre Heney Jane Horgan-Jones Sheila Howes Vincent Jackson Dermot Lacey Mícheál Mac Donncha Ray McAdam Paul McAuliffe Paddy McCartan Brian McDowell Séamas McGrattan Padraig McLoughlin Louise Minihan Rebecca Moynihan Críona Ní Dhálaigh Declan Wallace Vincent Norton Peter Ayton Jim Keogan Mary Pyne Deirdre Scully Jim O‟Callaghan Damian O‟Farrell Claire O‟Regan Mary O‟Shea Michael O‟Sullivan Larry O‟Toole Maria Parodi Cieran Perry Anna Quigley Oisín Quinn Nial Ring Brid Smith Bill Tormey Henry Upton Steve Wrenn Edie Wynne Pat Cronin Margaret Hayes Angela Cassidy Eugene O‟Callaghan Roisin Kavanagh Oliver Douglas Oonagh Casey

Transcript of 14/05/2012 COMHAIRLE CATHRACH BHAILE ÁTHA CLIATH fileto go „Paperless‟ and agree to receive all...

Page 1: 14/05/2012 COMHAIRLE CATHRACH BHAILE ÁTHA CLIATH fileto go „Paperless‟ and agree to receive all their documentation in soft copy form. He He stressed that in the interests of

14/05/2012 COMHAIRLE CATHRACH BHAILE ÁTHA CLIATH

Miontuairiscí Chruinniúl Míosúil a tionóladh ar 14 Bealtaine 2012 i Seomra na

Comhairle, Halla na Cathrach, Cnoc Chorcaí ag 6.45 i.n. I Láthair an tArdmheara, An Comhairleoir Andrew Montague sa chathaoir.

1. The Lord Mayor opened the meeting by appealing to Members of the City Council to go „Paperless‟ and agree to receive all their documentation in soft copy form. He stressed that in the interests of sustainability and economy, this is the way forward. He asked that Members contact the City Manager‟s Dept if they wish to fore-go hard copies of Agendae etc. in the future. He then informed Members that he would hold a Special Meeting of the City Council on 28th May, to discuss the position arising from the recent High Court Judgement in relation to Z15 Land Zoning in the City Development Plan. He said this had been noted at Protocol Meeting on the 10th May and that he advised that the meeting be

Comhairleoir: Comhairleoir: Comhairleoir

Gerry Ashe Kieran Binchy Paddy Bourke Tom Brabazon Gerry Breen Christy Burke Clare Byrne Julia Carmichael Aine Clancy Anthony Connaghan Pat Crimmins Pat Dunne Mary Fitzpatrick Declan Flanagan Mannix Flynn Mary Freehill Oifigigh John Tierney Philip Maguire Kathy Quinn Michael Phillips Seamus Lyons Terence O‟Keeffe

John Gallagher Deirdre Heney Jane Horgan-Jones Sheila Howes Vincent Jackson Dermot Lacey Mícheál Mac Donncha Ray McAdam Paul McAuliffe Paddy McCartan Brian McDowell Séamas McGrattan Padraig McLoughlin Louise Minihan Rebecca Moynihan Críona Ní Dhálaigh Declan Wallace Vincent Norton Peter Ayton Jim Keogan Mary Pyne Deirdre Scully

Jim O‟Callaghan Damian O‟Farrell Claire O‟Regan Mary O‟Shea Michael O‟Sullivan Larry O‟Toole Maria Parodi Cieran Perry Anna Quigley Oisín Quinn Nial Ring Brid Smith Bill Tormey Henry Upton Steve Wrenn Edie Wynne Pat Cronin Margaret Hayes Angela Cassidy Eugene O‟Callaghan Roisin Kavanagh

Oliver Douglas Oonagh Casey

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14/05/2012 held in camera. Following discussion and a recess from 7.35pm to 7.55pm to allow time for consultation, the following resolution was adopted by the Members of the City Council “That a Special Information Meeting for all Members of the City Council be held at 6 pm on 28th May and that a full formal meeting of the City Council be held immediately afterwards to deal with any issues arising from that Information Meeting that Councillors wish to raise. Such meeting may be adjourned as Members may decide on the night.” The Lord Mayor then informed the Members that he would be signing a Proclamation declaring that Dublin City Council will promote World Industrial Design Day on 29th June. Dublin City Council has taken part in World Industrial Design Day for the past 2 years in collaboration with DIT and will be participating this year. It was agreed at the Protocol Meeting held 10th May to recommend this item to the City Council for ratification. The Members agreed that the Proclamation should be signed by the Lord Mayor.

The Lord Mayor then informed Members that a training course for Councillors to advise on their role as Directors of External Boards would be held on Monday, 21st May at 6pm. Presentations are to be made by representatives from the Office of the Director of Corporate Enforcement and the Law Department (between 6 & 7pm) followed by a Questions and Answer session. He urged all Members to attend. The Lord Mayor then informed the meeting that Oxfam Ireland would like to put up a banner on Liberty Hall advertising the events running weeks beginning 21st and 28th May. The City Council agreed with this request. Referring to Communications during weather crisis, the Lord Mayor said that in the past, the City Council's communication during a weather crisis has been the subject of much criticism in the chamber. He said that the Communications Group and particularly the officials involved have worked very hard to improve the communications systems and the quality of the message. He believes that, during the recent predicted heavy rain fall, this system worked incredibly well. Councillors and the general public were provided with good quality and consistent messages. He said he would like to recognise this work and the improvement to the communications. Finally, the Lord Mayor and the Members of the City Council passed a vote of sympathy to the families of the following recently deceased and all stood for a minute‟s silence as a mark of respect:-

o Louis le Brocquy: Celebrated Artist and Freeman of Dublin o Eileen Flynn ,sister of Councillor Mannix Flynn o Martin Redmond, father of Councillor John Redmond.

2. Ceisteanna fé Bhuan Ordú Úimhir 16 -– It was moved by Councillor C Burke and

seconded by Councillor V Jackson “That Dublin City Council approves the Dublin City Manager answering the questions lodged”. The motion having been put and carried, written answers to the 128 questions lodged for the City Council meeting of the were issued. The Questions and Answers are set out in Appendix A attached.

3. Submitted Letter dated 29th March 2012 from Department of the Environment, Community and Local Government in response to a motion from February 2012 City Council Meeting in connection with water metering. It was moved by Councillor

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14/05/2012 V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of this letter”. The motion was put and carried.

4. Submitted Letter dated 12th April 2012 from Office of the Minister for Justice and

Equality in response to a motion from February 2012 City Council Meeting regarding children committed to industrial schools and the question of criminal records arising. It was moved by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of this letter”. The motion was put and carried.

5. The minutes of the Meeting of the City Council held on the 2nd April 2012, having

been printed, certified by the Meetings Administrator, circulated to the Members and taken as read, were signed by the Lord Mayor.

6. Submitted Report No. 147/2012 of the Head of Finance (K. Quinn) – Monthly Local

Fund Statement. It was proposed by Councillor D Lacey and seconded by D Flanagan “that Dublin City Council notes the contents of Report No 147/2012” The motion was put and carried.

7. To fill a vacancy on the North Dublin Development Coalition following the

resignation of Councillor Julia Carmichael from that Committee – the City Council agreed to defer this item.

8. To fill a vacancy on the Grangegorman Development Consultative Group following

the resignation of Councillor Claire O‟Regan – it was proposed by Councillor D Lacey and seconded by Councillor P Bourke “That Councillor P McLoughlin be appointed to represent Dublin City Council on the Grangegorman Development Consultative Group” The motion was put and carried.

9. To fill a vacancy on the Dublin City Enterprise Board following the resignation of

Councillor Larry O‟Toole - it was proposed by Councillor P McAuliffe and seconded by Councillor D Lacey “That Councillor M Fitzpatrick be appointed to represent Dublin City Council on the Dublin City Enterprise Board. The motion was put and carried.

10. Nomination of Councillor Brid Smith to the LTACC (Local Traveller Accommodation

Consultative Committee) - it was proposed by Councillor D Lacey and seconded by Councillor P Dunne “That Councillor Brid Smith be appointed to represent Dublin City Council on the Local Traveller Accommodation Consultative Committee” The motion was put and carried.

11. To fill the following a vacancy on the Board of Dublin City Leisure Services

Company Limited, following the resignation of Councillor Sheila Howes from the board of that company. It was agreed to defer this item to the next monthly meeting of the City Council to be held on the 11th June 2012. The Members requested that information on this company be sent to them in advance of the meeting.

12. To fill the following a vacancy on the Board of the Royal Victoria Eye and Ear

Hospital, following the resignation of Councillor Maria Parodi from the board of that company. it was proposed by Councillor D Lacey and seconded by Councillor P Bourke “That Councillor Gerry Ashe be appointed to represent Dublin City Council on the Board of the Royal Victoria Eye and Ear Hospital” The motion was put and carried.

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14/05/2012 13. Submitted Report No 121/2012 of the Dublin City Manager – Annual Report and

Accounts 2011. It was proposed by Councillor N Ring and seconded by Councillor M O‟Shea “That Dublin City Council adopts Report No 121/2012 and approves the Annual Report and Accounts 2011 as outlined therein” The motion was put and carried.

14. Submitted Report No 122/2012 of the Executive Manager, City Manager‟s and

Corporate Services Departments (V. Norton) – Progress Report on Second Year of Corporate Plan 2010 – 2014. It was proposed by Councillor M Flynn and seconded by Councillor E Wynne “That Dublin City Council adopts Report No 122/2012, Progress Report on Second Year of Corporate Plan 2010 – 2014.” The motion was put and carried.

15. Submitted Report No 127/2012 of the Assistant City Manager (D. Wallace) –

George‟s Quay Draft Local Area Plan

Manager‟s Report on Submissions from Public Display

Manager‟s Report on Proposals/Amendments submitted by Members Councillor Oisin Quinn declared an interest in a building in the area covered by this

Local Area Pan and accordingly withdrew from the meeting for the duration of the discussion and decision. It was proposed by Councillor M Parodi and seconded by Councillor K Binchy “That Report No. 127/2012 is hereby approved by the City Council, subject to agreed alterations arising from the proposals for amendment received. These proposed amendments are detailed at numbers 1 – 14 of the Addendum to Report 127/2012 in the documentation circulated to the Members. The material alterations will be placed on public display in accordance with the provisions of the Planning & Development Acts 2000 – 2010”. The motion was put and carried.

16. Submitted Report No 130/2012 of the Assistant City Manager (D. Wallace) –

Proposed Draft Variation (No. 2) of Dublin City Development Plan 2011 – 2017 : Designating Mountjoy Square as an Architectural Conservation Area. It was moved by Councillor M Fitzpatrick and seconded by Councillor C Burke “That Dublin City Council adopts Report No 130/2012 and makes Variation (No. 2) to the Dublin City Development Plan 2011 – 2017 : Designating Mountjoy Square as an Architectural Conservation Area as outlined in the report”. Councillor Fitzpatrick then proposed two additional amendments to be included in the final documentation Designating Mountjoy Square as an Architectural Conservation Area. These additional amendments were seconded by Councillor C Burke and were formally approved by the City Council as constituting part of Variation (No. 2) of the Dublin City Development Plan 2011 – 2017 : Designating Mountjoy Square as an Architectural Conservation Area. It was then formally moved formally by Councillor M Fitzpatrick and seconded by Councillor C Burke “That Dublin City Council adopts Report No 130/2012 and makes Variation (No. 2) to the Dublin City Development Plan 2011 – 2017 : Designating Mountjoy Square as an Architectural Conservation Area as outlined in the report and including the two additional amendments as agreed”. The motion was put and carried. The text of the two additional items, both the issues raised and the Manager‟s Responses to the issues, is outlined below :

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(a) Demolition Issue : CON Policy 4 allows for the demolition of building of negative or insignificant contribution to the area, the term „negative or insignificant‟ should be omitted and alternative text added in regard of justifying demolition and a presumption of retaining historic fabric. Manager‟s Response : Change to text agreed as in this case it is a clarification to a policy already expressed in the draft ACA and is not a material change. The demolition of any structure requires planning permission. It should be noted that the Development Plan already provides for the protection of 93 no. structures within the proposed ACA, which cannot be demolished except in “exceptional circumstances” as retention is the required option. This area is therefore one of the most highly protected parts of the city, a clear acknowledgement of the special character of the area. However there is no objection to clarifying CON POLICY 4, 2(a) with the following insertion for clarification purposes. “Any case for demolition must be strongly justified, with a descriptive analysis carried out of structures proposed for demolition. A presumption towards retention of buildings that retain historic fabric will be favoured over demolition”.

(b) Photographic Survey: Issue : The photographic survey should be included on the DCC website with the ACA document. A new paragraph, 11.2, referring to survey and listing of streets covered should be included in the ACA report. Manager‟s Response : Agreed change for information and clarification –it is not a material change. The survey work has not been fully scanned or digitised, although this is a goal which the Department would seek to achieve, in the meantime the ACA survey work will be made available on request for public inspection at the planning department public counter. All of the streets within the proposed ACA have been fully surveyed and there is no objection to the insertion of this new paragraph.

17. Submitted Report No 131/2012 of the Assistant City Manager (R. Brady) – Community Grants Scheme 2012. It was proposed by Councillor R McAdam and seconded by Councillor G Breen “That Dublin City Council notes the contents of Report No 131/2012 and hereby approves the Community Grants Scheme 2012 as outlined therein” The motion was put and carried.

18. Submitted Report No 149/2012 of the Chairperson of the Transport and Traffic Strategic Policy Committee (Councillor Aine Clancy) – With Reference to Draft Bye-Laws Entitled “Dublin City Council Parking Control Bye-Laws 2012”. It was moved by Councillor G Breen and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 149/2012 and hereby resolves to make Dublin City Council Parking Control Bye-Laws 2012 Bye-Laws as outlined in the report”. The motion was put and carried.

19. Submitted Report No 133/2012 of the Executive Manager (C. Reilly) – Proposal to declare the roads and footpaths at The Mews, Killester, Dublin 5 to be public roads. It was proposed by Councillor G Breen and seconded by Councillor D Heney “It is hereby resolved that we, the Lord Mayor and Members of Dublin City Council, being the Road Authority for the City of Dublin declare the roads and footpaths at

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14/05/2012 The Mews, Killester, Dublin 5 to be public roads and footpaths as shown on Drawing R.M. 23554A in accordance with Section 11 of the Roads Act 1993.” The motion was put and carried.

20. Submitted Report No 135/2012 of the Chairperson of the Environment and

Engineering Strategic Policy Committee (Councillor Naoise Ó Muirí) – Draft Bye-Laws for the Storage, Presentation and Collection of Household & Commercial Waste 2012. It was proposed by Councillor R Moynihan and seconded by Councillor P McCartan “That Dublin City Council approves the initiation of the consultation process in relation to formulating Bye Laws for the Storage, Presentation and Collection of Household & Commercial Waste 2012 as outlined in Report No 135/2012.” The motion was put and carried.

21. There were three Emergency Motions submitted but all were ruled out of order by

the Lord Mayor. 22. It was proposed by Councillor D O‟Farrell and seconded by Councillor V Jackson

“Dublin City Council does not support the closure of the Motor Tax Office at Nutgrove Shopping Centre Rathfarnham, South Dublin. A petition organised as part of Deputy Shane Ross's (IND) campaign to prevent the closure and which has over 11,000 signatures shows that this Motor Tax Office services people in every South Dublin and Dublin City Area south of the River Liffey. The effect of this closure on the 300,000 people it serves will place massive pressure on our other offices in Smithfield (no parking), Clondalkin and Ballymun and there is no evidence to show increased efficiency in this system. This Council also believes that it is wrong to suggest that all custom can be carried out online as commercial vehicles cannot use the online facility and many older people do not use or have access to online facilities, also renewal involves important private documentation and many people prefer face to face” The motion was put and carried.

23. It was proposed by Councillor B Smith and seconded by Councillor P Dunne “This Council calls on the Government not to cut the funding to the City Council services any further and, in the event that there is widespread non-payment of the household charge, that services provided by Dublin City Council should not be affected”

Councillor D Lacey proposed an amendment by deleting all text after “….any further….” This amendment was seconded by Councillor M Freehill. Councillor C O‟Regan then proposed adding the following wording to the amended motion “It calls on the government to ensure that an equitable and sustainable framework for local government financing is put in place as a matter of urgency, in line with the submissions made by the City Council‟s Finance” This amendment was seconded by Councillor D Lacey who withdrew his amendment in favour of it. The amended motion was then put and carried. The wording of the agreed motion is as follows :- “This Council calls on the Government not to cut the funding to the City Council services any further. It calls on the government to ensure that an equitable and sustainable framework for local government financing is put in place as a matter of urgency, in line with the submissions made by the City Council‟s Finance”

24. Submitted Report No 136/2012 of the Assistant City Manager (D. Wallace) –

Proposed amendment to the Record of Protected Structures, amending the description to read “Exterior only” of 144 Leeson Street Upper, Dublin 4, in

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14/05/2012 accordance with Section 54 and 55 of the Planning and Development Act, 2000. It was proposed by Councillor D Lacey and seconded by Councillor G Breen “That Dublin City Council notes the contents of Report No 136/2012 and approves the amendment to the Record of Protected Structures, amending the description to read “Exterior only” of 144 Leeson Street Upper, Dublin 4, in accordance with Section 54 and 55 of the Planning and Development Act, 2000” The motion was put and carried.

25. Submitted Report No 137/2012 of the Assistant City Manager (D. Wallace) –

Proposed amendment to the Record of Protected Structures, amending the description to read “Exterior only” of 143, Leeson Street Upper, Dublin 4, in accordance with Section 54 and 55 of the Planning and Development Act, 2000. It was proposed by Councillor D Laceyand seconded by Councillor G Breen “That Dublin City Council notes the contents of Report No 137/2012 and approves the amendment to the Record of Protected Structures, amending the description to read “Exterior only” of 143, Leeson Street Upper, Dublin 4, in accordance with Section 54 and 55 of the Planning and Development Act, 2000” The motion was put and carried.

26. Submitted Report No 138/2012 of the Assistant City Manager (D. Wallace) –

Proposed amendment to the Record of Protected Structures, amending the description to read “Exterior, including front site, plinth wall and railings only” of 126, Leeson Street Upper, Dublin 4, in accordance with Section 54 and 55 of the Planning and Development Act, 2000. It was proposed by Councillor D Lacey and seconded by Councillor J O‟Callaghan “That Dublin City Council notes the contents of Report No 138/2012 and approves the amendment to the Record of Protected Structures, amending the description to read “Exterior, including front site, plinth wall and railings only” of 126, Leeson Street Upper, Dublin 4, in accordance with Section 54 and 55 of the Planning and Development Act, 2000” The motion was put and carried.

27. Submitted Report No 139/2012 of the Assistant City Manager (D. Wallace) –

Proposed deletion from the Record of Protected Structures, of 11 & 12 Warrington Place, Dublin 2, in accordance with Section 54 and 55 of the Planning and Development Act, 2000. It was proposed by Councillor P McCartan and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 139/2012 and approves the deletion of 11 & 12 Warrington Place, Dublin 2, from the Record of Protected Structures in accordance with Section 54 and 55 of the Planning and Development Act, 2000” The motion was put and carried.

28. Submitted Report No 140/2012 of the Assistant City Manager (D. Wallace) –

Proposed addition to the Record of Protected Structures of Warwick Terrace, Sallymount Avenue, Ranelagh, Dublin 6 – Former coach house, including associated rubble stone boundary walls and entranceway to rear lane, in accordance with Section 54 and 55 of the Planning and Development Act, 2000. It was proposed by Councillor J O‟Callaghan and seconded by Councillor J Carmichael “That Dublin City Council notes the contents of Report No 140/2012 and approves the addition of Warwick Terrace, Sallymount Avenue, Ranelagh, Dublin 6 – Former coach house, including associated rubble stone boundary walls and entranceway to rear lane, to the Record of Protected Structures in accordance with Section 54 and 55 of the Planning and Development Act, 2000” The motion was put and carried.

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14/05/2012 29. Submitted Report No 150/2012 of the Dublin City Manager - Dublin City Public

Libraries Development Plan 2012 – 2016, submitted in accordance with Section 78 of the Local Government Act 2001. It was proposed by Councillor M Flynn and seconded by Councillor E Wynne “That Dublin City Council notes the contents of Report No 150/2012 and hereby approves the Dublin City Public Libraries Development Plan 2012 – 2016 as outlined therein” The motion was put and carried.

30. Submitted Report No 162/2012 of the Assistant City Manager (D. Wallace) –

Proposed Variation (No. 3) of Dublin City Development Plan 2011 – 2017: Revised Car Parking Standards for Retail Supermarkets. It was moved by Councillor G Breen and seconded by Councillor B Tormey “That Dublin City Council adopts Report No 162 /2012 and makes Variation (No. 3) to the Dublin City Development Plan 2011 – 2017 : Revised Car Parking Standards for Retail Supermarkets, as outlined in the report”. The motion was put and carried.

31. Submitted Report No 141/2012 of the A/Executive Manager (G. Folan) – With

reference to the disposal of the fee simple interest under the Landlord and Tenant (Grounds Rents) (No. 2) Act 1978 in 21 premises. It was proposed by Councillor G Breen and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 141/2012 and assents to the proposal outlined therein” The motion was put and carried.

32. Submitted Report No 152/2012 of the Assistant City Manager (D. Wallace) - With

reference to the proposed grant of a licence for the use of a plot adjacent to Finglas Civic Centre, Mellowes Road, Finglas, Dublin 11 to Mellowes Spring Childcare Development Centre Limited. It was proposed by Councillor G Breen and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 152/2012 and assents to the proposal outlined therein” The motion was put and carried.

33. Submitted Report No 154/2012 of the Assistant City Manager (D. Wallace) - With

reference to the proposed grant of a 3-year licence to operate a Café in the Red Stables, St. Anne‟s Park, Mount Prospect Avenue, Clontarf, Dublin 3. It was proposed by Councillor G Breen and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 154/2012 and assents to the proposal outlined therein” The motion was put and carried.

34. Submitted Report No 155/2012 of the Assistant City Manager (D. Wallace) - With

reference to the proposed disposal of land at Collins Avenue West, Dublin 9. It was proposed by Councillor G Breen and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 155/2012 and assents to the proposal outlined therein” The motion was put and carried.

35. Submitted Report No 156/2012 of the Assistant City Manager (D. Wallace) - With

reference to the proposed grant of a lease of a site for a substation in Block E, Thornton Heights, St. Michael‟s Estate, Inchicore, Dublin 8 to the Electricity Supply Board, 27 Lower Fitzwilliam Street, Dublin 2. It was proposed by Councillor G Breen and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 156/2012 and assents to the proposal outlined therein” The motion was put and carried.

36. Submitted Report No. 157/2012 of the Assistant City Manager (D. Wallace) - With

reference to the proposed disposal of Council‟s fee simple interest in the site

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14/05/2012 adjoining No. 8 Clonshaugh Rise, Coolock, Dublin 17. It was proposed by Councillor G Breen and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 157/2012 and assents to the proposal outlined therein” The motion was put and carried.

37. Submitted Report No 159/2012 of the Assistant City Manager (S. Lyons) – Report

on Flooding. It was proposed by Councillor M Freehill and seconded by Councillor M Fitzpatrick “That Dublin City Council notes the contents of Report No 159/2012” It was proposed by Councillor M Freehill and seconded by Councillor D Lacey and agreed by the City Council that Dublin City Council write to the Taoiseach to request clarification as to the status and responsibility for maintenance of the Swan River.

The report was still under discussion at 10pm when the meeting concluded so will be re-listed on the agenda for the adjourned meeting of the City Council to be held on the 28th May 2012.

The meeting concluded at 10pm in accordance with Standing Orders and all items remaining on the Agenda were deferred to the adjourned meeting of the City Council to be held on the 28th May 2012. Correct. ________________________ __________________________ LORD MAYOR MEETINGS ADMINISTRATOR

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APPENDIX A: MINUTES OF MONTHLY MEETING HELD ON 14th MAY 2012

QUESTIONS LODGED PURSUANT TO STANDING ORDER NO.16 FOR REPLY AT THE MONTHLY MEETING OF DUBLIN CITY COUNCIL TO BE HELD ON MONDAY, 14th MAY 2012 Q1. COUNCILLOR DAMIAN O’FARRELL

I understand that Minister Richard Bruton addressing a recent meeting in Clontarf said that he thought the 'way forward to stimulate local economies was for local councils to get involved with their communities'. Personally I know for instance that South Dublin County Council encourage communities to do a Village Design Statement, VDS. Can the City Manager to provide me with any information and supports Dublin City Council have with regard to organisations in an area wishing to establish a „village design statement‟ etc. Also, can the City Manager provide me with details of supports (including financial) that central government provide to local authorities in order that local authorities can get involved with their communities to stimulate local economies and thus maintain and create employment.

CITY MANAGER’S REPLY Sandymount Village Design Statement was produced with specialist VDS architects and with a significant input from DCC. It was a worthwhile but expensive and time consuming process. There are no plans to do another VDS as the resources of the Planning Department are being channelled into specified Local Area Plans, agreed with the elected members

Q2. COUNCILLOR LARRY O’TOOLE To ask the Manager to have this dwelling, (details supplied), inspected for

maintenance issues and have the necessary work carried out.

CITY MANAGER’S REPLY The Area Maintenance Foreman called to this dwelling. This dwelling is in good condition and the tenant informed him that there were no maintenance issues outstanding.

Q3. COUNCILLOR RUAIRÍ MCGINLEY To ask the Manager to indicate how many households in DCC functional area have

paid the household charge based on information to hand and that the Manager outline steps to be taken by Dublin City Council over remainder of 2012 to increase the collection rate.

CITY MANAGER’S REPLY Data regarding the household charge is held by the LGMA on a national basis. Information is also held on the payment of the charge per Local Authority. As at 9th May 2012, 111,761 properties have registered and paid in the Dublin City Council Area. This figure is subject to forms waiting to be processed. It is expected that the backlog of postal applications will be processed by the end of May. Consideration of the back process of data exchange and data matching has commenced in the LGMA. Data sets from the Non Principal Private Residences (NPPR), Property Registration Authority (PRA), and Private Residential Tenancies Board (PRTB) will be utilised in the first instance. The local authorities represented on the project board have agreed to review the data as pilot sites (this includes Dublin City Council).

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APPENDIX A: MINUTES OF MONTHLY MEETING HELD ON 14th MAY 2012

In addition, the development of a standard letter is under consideration by Law Agents throughout local authorities. It is intended that this letter will be sent to householders who may not have paid the charge.

Q4. COUNCILLOR RUAIRI MCGINLEY To ask the Manager to set out the current position regarding water supply in Dublin

region and to indicate whether water consumption has declined from 2011 levels.

CITY MANAGER’S REPLY The water supply situation is currently as follows: Treated Water Storage levels are at their respective target levels with Raw Water Storage above their target levels for this time of the year having been replenished following the recent rainfall. The average daily water demand for the Dublin Region is currently running at 539.5 Megalitres per day (MLD) for 2012 where as for the same period last year it was 553.7 MLD. This shows an average drop of just over 14 MLD in 2012. However, the differing weather conditions for the two periods needs to be taken into account as in 2011 we were recovering from the severe winter event which would have resulted in increased demand. In addition savings in leakage resulting from the Dublin Region Water Conservation projects have assisted.

Q5. COUNCILLOR DERMOT LACEY To ask the City Manager if he will respond to the issues raised in the letter submitted with this question, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q6. COUNCILLOR PADDY MCCARTAN

To ask the Manager what arrangements are in place to enable pre submission and post submission between the Building Control Authority and applicant's representatives and the Council's technical staff in respect of Disability Access Certificates? It is understood that there is a deal of confusion as to the methodologies being employed by the Building Control Authority which could cause delays in occupation of buildings and consequent loss of employment opportunities.

CITY MANAGER’S REPLY Unlike the Planning system there is no statutory provision under the Building Control Acts to provide a pre-application consultation service. However, it is the practice of the Building Control Authority to provide assistance and advice to applicants in relation to Disability Access Certificates. The Building Control Authority is aware that there was confusion in relation to the interpretation of regulations and national guideline documents pertaining to Disability Access Certificates. It is the intention of the Building Control Authority to introduce, by the end of this year, a pre-application consultation facility for those who wish to obtain advice and guidance in the lodgement of their Disability Access Certificate application.

Q7. LORD MAYOR, ANDREW MONTAGUE Will the Manager prune the shrubbery at the entrance to High Park adjacent to No. 2

High Park at the appropriate time for pruning?

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CITY MANAGER’S REPLY Arrangements are being put in place by the Parks & Landscape Services Division to carry out the requested shrub pruning at the entrance to High Park in the coming weeks.

Q8. LORD MAYOR, ANDREW MONTAGUE To ask the Manager to say if the sweeping of the squares in a Darndale estate,

(details supplied), takes place on a regular basis. CITY MANAGER’S REPLY Waste Management Services have the residential area at, (details supplied), in the Darndale Estate cleaned once every twelve weeks as per Litter Management Plan, and we will ensure that this area receives a proper cleaning during the course of this cleaning schedule. The Enviro Crew visit, (details supplied), on Monday, Wednesday and Friday each week and remove dumped material when required. The Public Domain Crew visit the location on Tuesday and Thursday and remove dumped waste when necessary. BESC is proactive in this area each day and Dublin City Council assists them with the removal of collected waste. They also contact the local Litter Warden when they find addresses in dumped bags.

Q9. COUNCILLOR CHRISTY BURKE To ask the City Manager to arrange for the following, (details supplied).

CITY MANAGER’S REPLY The Parks and Landscape Services Division carries out the application of herbicide on the edge of the open space at, (details supplied), to allow for a maintenance strip for the wheels of machinery and to enable mowing of the full stand of vegetation present. The herbicide is applied in the early part of the growing season and controls the growth of any vegetation present on the maintenance strip. Following the control there is no vegetation present along the defined edge for the growing season. Resources are not currently available to permit additional manual mowing of edge re-growth at this location.

Q10. COUNCILLOR CHRISTY BURKE To ask the City Manager if Dublin City Council will outline to this Councillor, (details

supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q11. COUNCILLOR CHRISTY BURKE To ask the City Manager given the report on the dampness and fungus this Councillor

has received, will the City Manager address the report, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

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Q12. COUNCILLOR CHRISTY BURKE To ask the City Manager how his Department will address the ongoing housing crisis

in the North Inner City and if every effort will be made by Dublin City Council to put flats and houses back into housing stock, given the large number of units that are empty due to funding, and can the City Manager agree that no delay will prevent the maintenance works from being carried out.

CITY MANAGER’S REPLY Void Housing Units Dublin City Council will continue to prioritise the refurbishment of vacant flats and houses within the funding available for such works. The funding available will be utilised to ensure that the maximum number of units are brought back to lettable standards.

Q13. COUNCILLOR OISIN QUINN Can the Manager reconsider the case of, (details supplied), in relation to his request

for parking permits and to be treated as single housing unit in view of the fact that the premises has its own front and rear entrances & its own ground level garden yet it only qualifies for 1 permit whereas the house next door qualifies for 3 permits. CITY MANAGER’S REPLY Bye-Law 16 (5) of the Dublin City Council Parking Control Bye-Laws 2011 defines a building as follows; “any structure which either stands on its own or is separated vertically from any adjoining structure or structures by a party wall or walls”.

The property which is the subject of this question is quite a common property type found in large numbers around Dublin City and is described as a two storey, over basement. In this instance the property has been subdivided in that an additional dwelling unit has been created in the basement, thus creating two units in what was once a single dwelling.

In accordance with Bye-Law 22 (5) (c), the appropriate residents parking permit quota for this property is two (i.e. one per unit).

Q14. LORD MAYOR, ANDREW MONTAGUE Will the Manager repair the damaged ramps in the Hazelwood estate? The ramp at

the junction of Hazelwood Park and Hazelwood Drive is in particularly bad condition.

CITY MANAGER’S REPLY Road Maintenance Division has inspected this location. A repair has been scheduled in the coming 10-12 weeks as part of the North Central Major Works Programme.

Q15. COUNCILLOR DERMOT LACEY To ask the Manager if he could answer the following question, about a year ago Park

Avenue, Sandymount was resurfaced:

Why was it resurfaced?

How much did cost?

How was contractor selected?

How do DCC draw up job priority lists?

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CITY MANAGER’S REPLY Park Avenue was resurfaced because it was found to be in a poor condition upon completion of a machine condition survey, visual inspection by Road Maintenance Engineers and repeated complaints by members of the public. The road was resurfaced as part of a local roads contract in the South East Area. Road Maintenance operates its contracts from a Framework Agreement of five resurfacing contractors. This contract was sent to tender and awarded to the lowest tenderer. The total cost of the project was €468,000.00. The cost of the resurfacing of Park Avenue would have made up approximately 50% of this price. The cost of the project was paid for entirely by funding made available to the Council from the NTA (Park Avenue is a bus route and therefore qualified for such funding). DCC Road Maintenance currently prioritise road resurfacing projects based on their strategic importance as access routes into and out of the city. Due to the current financial restrictions placed on the Division, only major routes can be resurfaced. However, in 2011, the Division received significant extra funding from the NTA and as a result of this, it was decided that some local roads be selected for resurfacing in addition to the major routes. Park Drive was resurfaced as part of this package of local roads.

Q16. COUNCILLOR PADDY MCCARTAN To ask the Manager to provide an update on refurbishments to Dublin City Museum

on South William Street. The first phase of refurbishment which was to the front part of the building was to be completed by Spring of 2012 and the Georgian Society had expected to use it as its HQ by that date.

CITY MANAGER’S REPLY The Irish Georgian Society received planning permission for phase 1 works to the Assembly House, 58 South William Street, in late March 2012. The planning permission is for works comprising upgrading of Mechanical and Electrical facilities, upgrading decorative finish, and dealing with Fire and Access issues, to the “front” part of the building (i.e. excluding the Octagonal hall which is programmed for completion in the next phase of works, and the full extent of the basement which is not included under the lease agreement with IGS). Tender documents are prepared and will be issued before the end of May. The works are programmed to begin in July assuming all the necessary statutory approvals are in place at that time.

Q17. COUNCILLOR PADDY MCCARTAN To ask the Manager; (a) how many City Council owned properties were damaged by the mineral pyrite? (b)

how many have been repaired to date? (c) what has been the cost of repairs to properties to date? (d) Give a breakdown of costs for DCC and confirmation that the Dept of the Environment will cover the full cost of these repairs. (e) to supply the names of all builders involved in these projects and their current financial status (f) what is the projected figure for future potential issues with pyrite in DCC owned properties? (g) Will the Dept of the Environment fund future works? CITY MANAGER’S REPLY (a) Dublin City Council:

128 dwellings and 4 community centres (note that approx 45 of these dwellings are ground floor units with a unit overhead that may not have sustained damage, but may be affected by remedial works).

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Ballymun Regeneration Limited:

Four BRL projects have turned out to show symptoms of pyrite problems: The „Reco‟ Building, a community, youth and childcare facility; Silloge 4, 124 housing units not yet occupied; Carton Terrace, 90 units occupied; and Owensilla, 58 units occupied. Tests are proposed to be carried out in Carton Estate and Owensilla to establish the extent of contamination and the scope of remedial works required.

(b) Dublin City Council: 13 dwellings have been repaired. 3 of these were dwellings purchased by DCC, and remediated by the contractor. The other 10 dwellings were ground floor Senior Citizens dwellings recently remediated by DCC. Ballymun Regeneration Limited: The 124 housing units at Silloge 4 are currently being remediated. The „Reco‟ building was fixed by the contractor at their own expense 3 years ago. The works started on site in November 2011 and the first phase of handovers (61) is scheduled for November 2012. There will be three phases of handovers in total with a final completion date of June 2013.

(c) Dublin City Council:

3 dwellings – cost not known as it was borne by the contractor, 10 dwellings – cost of approx. €360,000 excl VAT. (This excludes costs of external works and “soft” costs) Ballymun Regeneration Limited: The cost of the remediation works to Silloge 4 is estimated at €10.5m and this includes for the complete remediation of all affected units plus external works. The cost of the repairs are being met by the contractor and by DECLG.

(d) Dublin City Council:

The DOECLG have funded the Clancarthy Road remediation.

Ballymun Regeneration Limited: The remediation works to Silloge 4 has received approval from the DECLG and works commenced under the terms of a supplemental agreement to the existing building contract. BRL has recently served legal proceeding against Irish Asphalt and the Lagan Group of companies, (operators of the quarry where stone material was sourced), in relation to the Silloge 4 project

(e) Dublin City Council:

Noreside Construction Ltd (trading) Glenman Corporation Ltd (trading) Tara Construction Co. Ltd. (trading) Shenick (in voluntary liquidation)

Dublin City Council would not know the financial status of these companies.

Ballymun Regeneration Limited: The builder involved in the „Reco‟ and Silloge 4 projects is James Ellliott Construction Ltd. Glenman Corporation is the builder involved in the case of the Carton Terrace and Owensilla projects. Both companies are still trading.

(f) Remediation of dwellings and community centres likely to cost in the region of

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€7million. This would exclude external works, or “soft” costs of alternative accommodation, moving expenses, professional fees etc.

(g) The DOECLG have not committed to funding any future works

Q18. COUNCILLOR RAY MCADAM To ask the City Manager to arrange for an inspection of, (details supplied), by the

Environmental Health Officer in respect of privately rented accommodation standards.

CITY MANAGER’S REPLY An Environmental Health Officer will notify the landlord and undertake an inspection of the property. Any appropriate enforcement action will be taken following the inspection.

Q19. COUNCILLOR RAY MCADAM To ask the City Manager to provide a comprehensive report into, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q20. COUNCILLOR RAY MCADAM To ask the City Manager to provide a comprehensive report into, (details supplied).

CITY MANAGER’S REPLY I can confirm that the applicant is currently on the City Council‟s Housing Waiting List with 86 points for Area P (North King St., Church St., O‟Devaney Gardens, Ormond Quay, Chancery Street), 81 points for Area E (Ashtown, Santry, Whitehall, Blackhorse Avenue, Cabra, Finglas, Glasnevin) and 81 points for Area H (Ballybough, Dorset St. / Dominick St., East Wall, North Strand, Phibsborough, Sheriff Street, Summerhill). Unfortunately these points are low for the applicant‟s areas of preference and it will likely be some time yet before the applicant is reached for an offer of alternative accommodation.

Q21. COUNCILLOR LARRY O’TOOLE To ask the Manager to consider the planting of „Meadow Flowers‟ in our parks and

open spaces.

CITY MANAGER’S REPLY Wildflowers can be established in City parks by way of planting „plugs‟ of particular species or by sowing seed. In both instances, care has to be taken in preparing the site to remove the topsoil otherwise more vigorous growing unwanted wildflowers or weeds will quickly establish and out compete the desired display. In some situations when grass is let grow an interesting display of primarily grasses can be achieved but also some wildflowers. In all cases however there is a need to engage with the local community to ensure that there is a good level of awareness as to the benefits of a wildflower meadow. Often such areas are perceived as being poor maintenance on the part of the City Council. Wildflower meadows can also be problematic due to littering and a difficulty for dog owners to pick up faeces. The City Council has a number of wildflower meadows in the City, particularly in the larger Parks and river valleys. Indeed the Bull Island is a nature reserve of international standing and has an extensive display of wildflowers.

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If there are particular Parks in the City where wildflower meadows are sought by the community the Parks Service will consider such requests and endeavour to establish same with the cooperation of the community.

Q22. COUNCILLOR EDIE WYNNE To ask the Manager to revise the DCC policy on the removal of street litter bins, to re-

instate bins that will not accept bigger bags containing domestic refuse and to generate finance to cover the cost of replacing the older by allowing advertising on the bins.

CITY MANAGER’S REPLY The current policy on the positioning of litter bins as set out in the Litter Management Plan is as follows: “Dublin City Council recognises the need for the targeted placement of litter bins using a measured and precise response to local requirements, including the positioning of additional litter bins at known and potential litter blackspots and high footfall zones” Some 5,000 litter bins are in place throughout the city as part of this policy. The service is however under ongoing review to achieve efficiencies due to budgetary constraints and also to address emerging issues. Arising from the review, two issues which were identified required to be addressed. The first issue identified was the under use of bins in residential areas. Under use of bins indicates a lack of need for the bin. The servicing of under used bins in residential areas is considered an inefficient use of scarce resources. The second issue was the abuse of bins by holders of waste, who use them or their environs to dump waste in an attempt to avoid the payment of waste charges. It is an offence under the Litter Pollution Acts to place municipal waste into or near a litter receptacle. Our experience has shown that reducing the size of the openings in the bin does not eliminate the problem and leads to bags being wedged in the openings of empty bins or placed beside the bin. Following a period of monitoring the usage of the above two categories of bins, it was decided to scale back on their number as a practical and effective response to the above issues. As a result, approximately 198 street litter bins have been removed citywide since January 2011. 150 of these bins were in residential areas and 48 were being abused. Removal has proven to be the most effective way of eliminating abuse of bins in the past. The matter will continue to be kept under review and consideration can be given to the replacement of some of the removed bins where a clear need for a bin is identified and the issue of abuse of the bin can be adequately dealt with. Finally, the City Council has been engaging in the market in order to secure advertising revenues but to date the interest has been very limited.

Q23. COUNCILLOR EDIE WYNNE To ask the Manager to detail the cost of clamping in the city, such costing to include

salaries, wages, overtime, cost of vehicles and their maintenance and any other attendant costs and then to review the value of this to the flow of traffic in the city, e.g. clamping vehicles parked for business purposes outside retail premises at 7.30am.

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CITY MANAGER’S REPLY: The annual cost of providing the vehicle clamping and removal service in the city is €4.9m (excluding VAT). The great preponderance of this figure represents staff costs, while other significant outgoings relate to the leasing and maintenance of the enforcement vehicle fleet, rent of premises and purchase and upkeep of equipment and uniforms. Parking enforcement operations commence at 7:00 am as rush-hour and other parking restrictions start at that time, Monday to Friday or Monday to Saturday, depending on location. Effective enforcement assists in the free flowing of traffic in bus lanes, clearways and other main arterial routes in the city. In the twelve-month period to 31st March 2012 1,634 vehicles were sanctioned for parking in a bus lane, 5,857 vehicles were enforced for parking in a clearway and there were 376 enforcement actions where vehicles were obstructing other traffic. However, due to the nature of the service, it is not possible to provide a direct cost/benefit analysis of the parking enforcement operation.

Q24. COUNCILLOR GERRY BREEN Can the Manager please reply to the following question, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q25. COUNCILLOR GERRY BREEN Can the Manager please reply to the following question, (details supplied)?

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q26. COUNCILLOR DERMOT LACEY To ask the Manager if he will supply this Councillor and the person who submitted the

email, (details supplied), with a response to the issues raised therein.

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q27. COUNCILLOR BRIAN MCDOWELL To ask the Manager to arrange to have the shores in the laneway behind, (details

supplied), cleaned.

CITY MANAGER’S REPLY The gully behind, (details supplied), was cleaned on 2/5/2012 (1 of 1 cleaned) and is in good working order.

Q28. COUNCILLOR BRIAN MCDOWELL To ask the Manager to arrange to have a new lighting pole erected at, (details

supplied).

CITY MANAGER’S REPLY We will consider the provision of an additional light for inclusion in our 2013 programme of improvements subject to available finances.

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Q29. COUNCILLOR PADDY BOURKE To ask the City Manager to say what was the status of the waste charges account

for, (details supplied), before the recent change over to Greyhound.

CITY MANAGER’S REPLY Under the Data Protection Legislation, we cannot respond to the Councillor.

(Details supplied), should contact the Revenue Section at (01) 222 4899 with any queries.

Q30. COUNCILLOR LARRY O’TOOLE To ask the Manager to respond to, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q31. COUNCILLOR GERRY ASHE To ask the Manager to clarify who owns the small strip of land between the footpath

and the wall of the house at, (details supplied).

CITY MANAGER’S REPLY According to our records, Dublin City Council is not the owner of this land. It is not registered in the Land Registry.

Q32. COUNCILLOR GERRY ASHE To ask the Manager to arrange to have the back garden at, (details supplied),

cleaned out as it is currently very overgrown and the problem is spreading to neighbouring gardens. CITY MANAGER’S REPLY The Area Maintenance Officer reports that the back garden of this dwelling was inspected and found to be in good condition; therefore no cleaning out is required.

Q33. COUNCILLOR GERRY ASHE To ask the Manager to arrange to have a noise nuisance being caused by the

extremely early morning collection of waste by a private operator, Thornton at, (details supplied), investigated and appropriate action taken to resolve the problem.

CITY MANAGER’S REPLY The City Council is shortly to commence a public consultation process on new Draft Bye-Laws for the Storage, Presentation & Collection of Household/Commercial Waste. The Draft Bye-Laws contain proposals regarding the permitted hours for collection of waste.

In regard to the current issues at, (details supplied), the matter will be investigated further on receipt of more specific details i.e. times, dates etc.

Q34. COUNCILLOR HENRY UPTON To ask the City Manager what position is, (details supplied), on the housing list and

how long more will she be waiting until she is re-housed.

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CITY MANAGER’S REPLY I can confirm that the applicant, (details supplied), is currently on the City Council‟s Housing Waiting List with a Welfare Priority dated from 6th July, 2011, seeking 2 bedroom accommodation in Area N (Rathmines, Ranelagh) and Area K (Crumlin/Walkinstown ) and Area M (Ringsend/Pearse Street). Please note that applicants are generally considered for offers of housing or transfer having due regard to the date of the priority award, and currently, there are a number of applicants with Welfare Priority ahead of her at this time, especially for Areas K and M.

Q35. COUNCILLOR HENRY UPTON To ask the City Manager when will, (details supplied), have her bathroom re-fitted

as she was told that Dublin City Council would start work in February 2012.

CITY MANAGER’S REPLY This case was approved for bathroom modifications in November 2011. These proposed works have been issued to a contractor and the contractor will contact the client to agree a mutually suitable date for the works to commence. The contractor has several jobs in hand at the moment and as such, no definite starting date can be given at this time. However it is expected to be within the next four to six weeks. It must be noted that we can only give an approximate timeframe for the commencement of any works and delays are often unavoidable.

Q36. COUNCILLOR LARRY O’TOOLE To ask the Manager to have the following maintenance work carried out, (details

supplied):

roof of extension leaking (this extension was in place when the tenant moved in)

Plumbing repairs at kitchen sink area. CITY MANAGER’S REPLY The Area Maintenance Officer inspected this dwelling and reports the following:

The solus roof-light in the extension is leaking and needs replacement. We are currently trying to source a replacement which will be fitted when available.

A new sink-top has been installed. Q37. COUNCILLOR PADRAIG MCLOUGHLIN To ask the Manager if the times that swimming pools and leisure centres can be

utilized by Passport for Leisure users has changed or the enforcement practices have changed and whether these users can have access to swimming pools and leisure centres for additional hours.

CITY MANAGER’S REPLY A full report on the times, terms and conditions for Passport for Leisure clients using Dublin City Council Leisure Centre‟s was presented to the January meeting of the Arts, Culture, Leisure & Youth Affairs Strategic Policy Committee (SPC). The proposed implementation of the revised hours with effect from the 1st February 2012 was approved by the SPC. The proposals to introduce a new membership scheme

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for passport for leisure card holders was referred to a Sub-committee of the Arts, Culture, Leisure & Youth Affairs SPC. This matter was on the March City Council meeting agenda. The scheme is currently being reviewed by a Sub-committee of the Arts, Culture, Leisure & Youth Affairs SPC (report presented to the SPC is attached).

Q38. COUNCILLOR PADRAIG MCLOUGHLIN To ask the Manager to extend the Mountjoy Square ACA to include adjacent streets

such as Summer Street North and other streets in the vicinity of Mountjoy Square/North Circular Road.

CITY MANAGER’S REPLY Mountjoy Square is the particular focus of this ACA and a tight boundary ensures that the specific requirements and special characteristics of the Square are met. The ACA is part of a wider programme for the preservation and enhancement of the North Georgian core area and it is envisaged that there will be further ACA‟s in the wider area, each one tailored to the specific requirements of the particular streets involved.

Q39. COUNCILLOR PADRAIG MCLOUGHLIN To ask the Manager to examine the possibilities of restrictions on long term storage of refuse bags outside of houses in front yards and railed areas. This is a particular

problem in areas with high levels of multiple occupancy units, particularly in areas near the North Circular Road, Phibsborough Road and Dorset Street.

CITY MANAGER’S REPLY The current Bye-laws for the Storage, Separation at Source and Presentation for collection of waste include the following two provisions:

1. “A holder shall store waste in an appropriate waste container in a place within the curtilage of the household or in such other place that has been approved by the Council.”

2. “A holder shall not cause or permit the storage of waste to endanger health,

harm the environment or create a nuisance through odours or litter.” The Litter Warden for the Area will inspect the above locations to ensure the storage of waste is in compliance with the Bye-laws. A report on a proposal to engage in public consultation regarding revised Bye-Laws is before the May City Council meeting (Item No. 135). If the City Council agrees to the proposal, the draft Bye-Laws will be placed on public display for a period of at least one month. At the end of the process, all submissions will be evaluated and a report will be submitted in the first instance to the SPC and then to the City Council. The adoption of Bye-Laws is a reserved function of the City Council.

Q40. COUNCILLOR PADRAIG MCLOUGHLIN To ask the Manager whether the owners of the disused office building on the corner

of Church Street and May Lane, Dublin 7 can be requested to use alternatives to the current temporary security fencing which has been in place for several years. It should also be noted that the current fencing occupies parts of the public footpath on May Lane which was recently renovated as part of the Smithfield redevelopment programme.

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CITY MANAGER’S REPLY Due to the design of the building with numerous nooks and crannies the harris fencing is preventing rough sleeping, loitering, dumping and anti-social behavior. It also allows Gardaí and security staff to see if anyone is in behind the fencing. Although its appearance is not aesthetically pleasing it is serving its function and it would be better to leave it in place until the building is occupied, than to have it removed or replaced with a hoarding.

Q41. COUNCILLOR EDIE WYNNE To ask the Manager to request Waterworks when they are undertaking work in residential areas that:

They give prior notice to residents of the dates during which they intend to do the work which can include long-term parking of sizeable containers to „house‟ workers,

and to give notice of approximately how long it will take to complete the work so that residents can make alternative arrangements for parking, etc; this request is in the context of longstanding disruption to residents of Vernon Grove and Neville Road, Rathgar who had no prior knowledge of the Waterworks schedules and still do not know how long they will be working in the area.

CITY MANAGER’S REPLY

As part of the normal course of action with these type of works, a letter drop was distributed by Water Services Division staff at least 1 week in advance to the residents affected by the works (copy attached). An indicative time period is included in the letter for the works but as with all works involving excavations the programme may vary depending on what conditions are found during the excavations.

The works by the Water Services Division commenced on 20th March 2012 and are scheduled for completion by Friday the 25th May 2012. This will include a temporary reinstatement of the roads surface. Please note that the permanent reinstatement of the roads surface will be completed by Roads Maintenance Services at a future date.

Q42. COUNCILLOR GERRY BREEN Can the Manager please arrange to have the potholes fixed on a lane, (details

supplied)?

CITY MANAGER’S REPLY Road Maintenance Division has inspected this location. A pothole was found at the side of number 1, (details supplied). This has been scheduled for repair in the coming 2-3 weeks.

Q43. COUNCILLOR RAY MCADAM To ask the City Manager to outline what criteria was used by the City Council in compiling details of all unfinished housing developments within its jurisdiction; will he

provide a list of all such developments provided by the City Council to the Department of the Environment for the National Housing Development Survey 2011? CITY MANAGER’S REPLY On the 21st October 2010, the Government published the first National Survey of Ongoing Housing Developments. This survey and the subsequent survey in 2011 were prepared by the Department of the Environment and were conducted by the Department‟s Planning Inspectorate. The surveys were initiated to provide comprehensive data on the scale, nature and location of vacant and unfinished

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housing in Ireland arising out of the economic and construction downturn and to establish a proper evidence basis for further action by the Government and local authorities in relation to the management of these developments. The 2011 survey results are available on the Government‟s website: http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,28071,en.xls and the extract for Dublin city is attached. The surveys were based on visual inspection and developments were included on the basis of meeting criteria set down by the Department in its survey methodology. The definition of an unfinished development set down by the Department for the purposes of their surveys was as follows:

An ‘unfinished housing development’ is one where the approved dwellings and their associated services and amenities have not been completed and occupied. „Completed‟ in this context does not necessarily mean that all the works required in terms of building regulations and/or the planning permission have been completed…. A development will be regarded as finished if an Inspector considers, on the basis of a normal visual on-site inspection, that the following have been substantially completed: dwellings, roads and footpaths, lighting, water supply, waste water infrastructure, open spaces, as defined for the purposes of this survey.

In cases where one or more phases of a development have been completed but no work has commenced on subsequent phases, then the development would be regarded as being unfinished.

Housing developments that may be referred to as recently completed housing developments (three years or less), with unoccupied dwellings, will be included in the survey.

Developments regarded as finished for more than three years, but where a small number of the dwellings (less than10%) have never been occupied, will not be included. Such developments with more than 10% unoccupied will be included.

Determination by an Inspector of the state of completion of dwellings or any other aspect of a development will not imply any particular level of compliance with building regulations or planning permissions. The Department of the Environment, Community and Local Government intends to repeat the survey this year and is currently updating and finalising the methodology to be used.

Q44. COUNCILLOR GERRY BREEN Can the Manager please reply to the following question, (details supplied)?

CITY MANAGER’S REPLY: A reply has been issued to the Councillor.

Q45. COUNCILLOR STEVE WRENN To ask the City Manager the following, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

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Q46. COUNCILLOR STEVE WRENN To ask the City Manager if he can provide the following, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor. Q47. COUNCILLOR STEVE WRENN To ask the City Manager the following, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q48. COUNCILLOR STEVE WRENN To ask the City Manager if details can be provided of summer projects supported by

the Council that will take place in the North West Area.

CITY MANAGER’S REPLY Finglas This year there are 8 Summer Projects taking place in Finglas that will provide activities for over 1000 young people aged between 5 and 17 years.

Projects are being supported in the following areas:

Finglas East St. Canice‟s Summer Project (3 week) Ballygall Johnstown Glasanaon Summer Project (B.J.G) (3 week) The Fun Factor Summer Project (2 week)

Finglas West Finglas West Summer Project (3 week) St. Joseph‟s and St. Kevin‟s Summer Project (3 week)

Finglas South Rivermount Summer Project (2 week) The Den Summer Project (2 week) Finglas WAGS Summer Project (2 week)

Dublin City Council and Catholic Youth Care work closely to support, encourage and develop Summer Projects in the Area. Council staff attend regular meetings with the local committees and provide ongoing support and assistance. The following training sessions will be provided for the committees this year:

Child Protection

Basic First Aid

Response to bullying training by the National Youth Council of Ireland

Arts and Crafts. This year Dublin City Council is encouraging projects to organise a variety of home based low cost activities and have linked the projects to the Finglas Leisure Centre, the Library, Fire station, Cabra Park side and Fun Inc (free fun and games sessions provided by DCC). Dublin City Council‟s Sport Development Officers will be providing support to the projects by organising a local orienteering event and mini Olympics.

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The City Council have requested two temporary summer students to assist with the projects on a daily basis during the months of July and August. The closing date for summer project applications is 18th May 2012. This is to ensure that there is sufficient time for all volunteers to have the appropriate training and Garda vetting. Ballymun This year there are nine Summer Projects taking place in Ballymun during the months of June, July and August catering for over 2,000 children. The Summer Projects are supported and financed by Dublin City Council, Catholic Youth Care, Ballymun Regeneration Limited and Saint Vincent de Paul. Dublin City Council provides two summer students for the three months as volunteers to assist each of the projects. There will be nine summer projects facilitated in Ballymun this year as follows: The Aisling Project Virgin Mary All Sorts BRYR Summer Buzz Glor na Gael Holy Spirit Poppintree Youth Project Rainbow 13 Whiteacre We are also setting up a summer project for Older Adults which promises to have an action packed calendar of events. Each project is encouraged to use the local facilities including the Leisure Centre, Poppintree Community, Sports Centre and the “Axis Centre”. All projects are encouraged to attend a monthly planning meeting facilitated by the Community Section.

Q49. COUNCILLOR GERRY ASHE Can the City Manager confirm that Trafalgar House in Blackrock is owned by DCC?

If yes can he give details of the agreement we have with DLRCC in using this property for Emergency Housing particularly their use for families on the upper floors (one family being offered there had five children under ten years who in the event of a fire had only the main staircase as an escape route)? Has there been a Health and Safety Audit done on these premises recently particularly taking into account very low opening windows free standing heaters and overall lack of cleanliness?

CITY MANAGER’S REPLY Dublin City Council currently takes a lead on behalf of the four Dublin local authorities in ensuring that arrangements are in place for the provision of this private emergency accommodation (PEA).

It is noted that PEA has historically been utilised as a form of emergency accommodation which has been place as an ad hoc measure. The premise in Trafalgar House in Blackrock was put in place for the purpose of ensuring that there is accommodation for persons who present to the local authority with an emergency accommodation.

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The strategic direction in relation to the use of PEA and responding to homeless generally requires that the use of private emergency accommodation is to be eliminated under the current homeless strategy. The Dublin local authorities hold the firm position, that as we move to conclude the process of reconfiguration, private emergency accommodation will be replaced by two forms of accommodation, namely Temporary Emergency Accommodation (TEA)[1] and Supported Temporary Accommodation (STA)[2].

The four Dublin Local Authorities have adopted a „Housing First‟ approach as per Government‟s commitment outlined in national policy to directly house persons, where it is appropriate and to provide visiting supports as necessary to persons in their home.

In relation to the matters outlined in the above question, Dublin City Council can confirm that Facilities Management has reviewed the premises in Trafalgar House on a number of occasions and can confirm that the Fire Consultant is satisfied that the premises meets the necessary standards. Having reviewed the placement of the family, Dublin City Council are informed by Facilities Management, that the placement was made in an emergency capacity, without adequate time for the House Manager to prepare the unit for the family in question. In the normal placement procedure, sufficient time would be provided to the House Manager to ensure that the premise is ready for the next resident.

Q50. COUNCILLOR DERMOT LACEY To ask the Manager if he will have the concerns referred to in the question, (details

supplied), assessed and resolved as appropriate.

CITY MANAGER’S REPLY: The Roads and Traffic Department will review this junction and look at altering the sequence to avoid confusion within the next 6 to 8 weeks. A report will be issued to the Councillor.

Q51. COUNCILLOR CRIONA NI DHALAIGH To ask the City Manager to report on the following request, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q52. COUNCILLOR CRIONA NI DHALAIGH To ask the City Manager to report on the following, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q53. COUNCILLOR CRIONA NI DHALAIGH I was involved in a recent clean up in, (details supplied), complex. I realise that the

Council is encouraging more community involvement in the maintaining of their area's but I ask the Manager that the following work be carried out in this complex, that the railings be repainted and that the bins not be stored near residents window's and could he please report on when and how often the bins are collected and what the cleaning rota is for the complex.

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CITY MANAGER’S REPLY Housing Maintenance have a cyclical painting programme and the painting of, (details supplied), is included in its draft programme for 2013. The bins in, (details supplied), are collected twice weekly on Tuesdays and Fridays. Where possible bins are stored in central locations within the scheme. However due to access and space issues this cannot always be facilitated. Caretakers are in the complex daily, Monday to Friday from 7.00 am to 3.00 pm. The stairs, courtyard stairwells are cleaned on a daily basis and washed weekly.

Q54. COUNCILLOR REBECCA MOYNIHAN To ask the City Manager to make a statement on the issues contained in the e-mail,

(details supplied).

CITY MANAGER’S REPLY A Shared Ownership loan was advanced to the person concerned to purchase a property. Shared ownership is a scheme that facilitates access to full home ownership in two or more stages by persons who could not afford full ownership immediately. The applicant initially acquires a share (50%) in a house and rents the remainder from the local authority, with an undertaking to acquire the remaining equity within a 25 year period. A person occupying a house under the shared ownership scheme will have the right to buy out the local authority's share of the ownership and acquire full ownership at any time by way of private finance or transferring to a 100% loan. Alternatively, this may be done by purchasing, from time to time, additional shares of the authority's equity. The amount and frequency of such purchases are a matter for determination by the local authority. The cost of purchasing an additional share or the redemption value of the outstanding share, for transactions commenced from 1 January, 2003, will be its initial cost adjusted annually to compensate for fluctuations in the interest rate viz a Vis the cost of funds to the Housing Finance Agency. Shared Ownership borrowers will be required to buy out the full ownership within a 25 year period. The person concerned should contact the Housing Loan Section to discuss her options to buy out the Councils equity.

Q55. COUNCILLOR REBECCA MOYNIHAN To ask the City Manager if he could confirm how many bins have been removed from

the City Centre and Dublin 8 area in the past 12 months. Also if he could confirm how many have been replaced and how many public bins are operational in the City Centre and Dublin 8 area. To further ask the City Manager what is the criteria for the installation of a public bins and if there is a policy on how often they are emptied.

CITY MANAGER’S REPLY Approximately 198 street litter bins have been removed citywide since January 2011. Of this figure, 11 bins were removed from the Dublin 8 area and none were removed from the city centre. These litter bins were not replaced as they were removed because either they were not being used or necessary in residential areas or they were being used by the public to dump municipal waste in and around them. The matter will continue to be kept under review and consideration can be given to the replacement of some of the removed bins where a clear need for a bin is identified and the issue of abuse of the bin can be adequately dealt with. There are approximately 5,000 litter bins in place throughout the city. Litter bins are installed at locations with high footfall and potential litter blackspots, such as shopping areas and bus stops on main routes. These litter bins are emptied as often as their level of use requires.

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Q56. COUNCILLOR REBECCA MOYNIHAN To ask the City Manager if he could make a statement on, (details supplied).

CITY MANAGER’S REPLY Housing Maintenance have a cyclical painting programme and the painting of, (details supplied), is included in its draft programme for 2013. Unfortunately, Health & Safety concerns would exclude the assistance of community members in a project of this nature.

Q57. COUNCILLOR REBECCA MOYNIHAN To ask the City Manager to install a bin in the high footfall area of Bridgefoot Street.

CITY MANAGER’S REPLY Waste Management Services have Bridgefoot Street swept five days a week, Monday to Friday and this cleaning schedule more than adequately deals with any litter there. It is not considered necessary at this time to have a litter bin on this street. However we will keep this matter under review.

Q58. COUNCILLOR BRIAN MCDOWELL To ask the City Manager in respect of Dublin Fire Brigade, the amount generated to

date through the €500 call out charges; the number of Fire-Fighters that retired in 2010/2011 and to date in 2012; if he has plans to increase the number of Fire Officers and how that process will be carried out

CITY MANAGER’S REPLY Up to the end of April 2012, 184 invoices have been issued in relation to domestic callouts amounting to €101,860. To date €12,350 has been collected. There were 18 retirements in 2010, 14 in 2011 and 20 so far in 2012. In order to maintain services and operate within reduced budgets Dublin Fire Brigade have had to look at alternative measures to fill vacancies. We are currently in discussions with regard to replacing trained Firefighters in the Control Centre with dedicated Operators. This will free up approximately 80 Staff to return to operational duties.

Q59. COUNCILLOR EDIE WYNNE Following the ruling by Mr Justice Frank Clarke „that he must quash all of the Z15

zoning aspects of the Dublin City Development Plan 2011-2017 due to the failure to give adequate reasons for such “highly restrictive” zoning‟ to ask the Manager for a report on how it is proposed to comply with this ruling. CITY MANAGER’S REPLY A proposal to hold a special meeting of the City Council will be brought to the City Council Meeting on the 14th May. As the matter is subjudice no comment will be made on the issue at this time.

Q60. COUNCILLOR ANTHONY CONNAGHAN To ask the City Manager to arrange for, (details supplied), to be addressed.

CITY MANAGER’S REPLY It is not Dublin City Council‟s policy to paint balcony walkways and the City Council

did not carry out these works. However, we have made arrangements to have the balcony in question power hosed in an attempt to remove the paint.

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Q61. COUNCILLOR ANTHONY CONNAGHAN To ask the City Manager to arrange for a wall at the front of, (details supplied), to be

reinstated.

CITY MANAGER’S REPLY The wall in question was removed some time ago. Due to financial restraints, Dublin City Council is no longer in a position to build or replace garden walls. The resident of this dwelling has been informed of this. If there are financial reasons whereby the residents cannot fund the reinstatement of the wall, the Community Welfare Service may be able to assist in this regard subject to normal means testing requirements etc.

Q62. COUNCILLOR ANTHONY CONNAGHAN To ask the City Manager to arrange for the following at, (details supplied).

CITY MANAGER’S REPLY The Area Maintenance Officer has made arrangements to carry out an inspection of this dwelling within the next few days. Any necessary repairs will be carried out.

Q63. COUNCILLOR ANTHONY CONNAGHAN To ask the City Manager to arrange for, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q64. COUNCILLOR ANNA QUIGLEY To ask the City Manager if Greyhound has produced its education and awareness

programme, as required in section 6.8.7 of the waste collection permit, when will the details of the plan be made available and what is the timetable for its implementation.

CITY MANAGER’S REPLY The 2012 Education and Awareness Plan was discussed with Greyhound Recycling & Recovery and Dublin City Council (DCC) on January 7th 2012 prior to the transfer of the waste collection function. This discussion related to environmental standards for household and commercial waste collection including presentation of waste in accordance with DCC‟s current Bye Laws for Household and Commercial Waste, maximizing recycling, the clean-up of spillages of waste arising during collection and other issues. The 2012 Plan has been formally requested by DCC.

Q65. COUNCILLOR ANNA QUIGLEY To ask the City Manager to confirm if existing DCC staff are being redeployed to work in the Fire Service and, if so, to detail how the necessary specialist training will

be provided for those staff to comply with the standards required for the safe operation of the Fire Service. CITY MANAGER’S REPLY In order to maintain services and operate within reduced budgets Dublin Fire Brigade have had to look at alternative measures to fill vacancies. We are currently in discussions with regard to replacing trained Firefighters in the Control Centre with dedicated Operators. This will free up approximately 80 Staff to return to operational duties. The position of Control Room Operator will be advertised within the 4 Dublin Authorities, in the first instance. Successful candidates will receive approximately 12

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weeks training in all aspects of their duties and will be monitored and supervised on an ongoing basis by experienced personnel.

Q66. COUNCILLOR ANNA QUIGLEY To ask the City Manager if he will write to the Department of Health to communicate

the serious concern about the widespread sale on the streets in Dublin City Centre of prescription tablets, the resulting problems for the local communities and the need to amend legislation to enable the Gardaí to deal more effectively with this problem?

CITY MANAGER’S REPLY This matter has been raised and discussed in recent months at meetings of the Dublin City Joint Policing Committee (JPC). The issue will be raised again with the Gardaí and the Department of Justice.

Q67. COUNCILLOR ANNA QUIGLEY To ask the City Manager if the Council has any plans in relation to the rejuvenation of

Benburb Street, Dublin 7 which is now almost completely unoccupied and what properties on the street are in Council ownership?

CITY MANAGER’S REPLY The City Development Plan contains an objective to prepare a Local Area Plan for the Liffey Quays, which may, depending on the scope of the Plan, include Benburb Street. According to our records in the Property Register Section, Dublin City Council has ownership of the following properties:

1-38 Ellis Court & Oak House – DCC Housing & Residential Services

75 Benburb Street – HSE Clinic Q68. COUNCILLOR CLARE BYRNE Can the Manager please reply to the following question, (details supplied)?

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q69. COUNCILLOR CLARE BYRNE Can the Manager please outline the effect of the decision of the Commercial Court

to quash the Z15 zoning in the Dublin City Development Plan 2011- 2017 in regard to applications. What Councillors voted in favour of this proposal and what was the origin of this proposal. See below extract from the Irish Times of Saturday 28th April „The court has now ruled all the Z15 zoning aspects of the plan, affecting 780 hectares, must be quashed. RTÉ has a separate challenge to the Z15 zoning in relation to lands at its Montrose complex at Donnybrook. About 51 per cent of all lands zoned Z15 (and 77 per cent of all privately owned lands) are held by religious institutions with the Sisters of Charity‟s lands accounting for about 0.5 per cent of the entire lands subject of the development plan. Mr Justice Frank Clarke ruled that he must quash all of the Z15 zoning aspects of the Dublin City Development Plan 2011-2017 due to the failure to give adequate reasons for such “highly restrictive” zoning.‟

CITY MANAGER’S REPLY A proposal to hold a special meeting of the City Council will be brought to the City Council Meeting on the 14th May.

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As the matter is subjudice no comment will be made on the issue at this time.

Q70. COUNCILLOR MANNIX FLYNN Can the City Manager issue a report on the overall costs incurred with regard to the

UNESCO world city of literature designation that Dublin won in 2011.

CITY MANAGER’S REPLY Dublin City was awarded the designation as the 4th UNESCO City of Literature in July 2010. The lengthy submission process was completed by a small focused team led by the City Librarian and advised by the Steering Group. Members gave freely of their time. The total cost incurred by DCC for submission document was 17,915 euro, which included an editorial fee of 2,500 euro. Since designation, Dublin City Council, through the city library service has lead and directed the work of the Dublin UNESCO City of Literature office supported by an expanded Management Group and a representative Steering Group. Funding has been provided directly and in kind by Dublin City Council and by the Dept. of Arts, Heritage and Gaeltacht Affairs. Other funding support has been provided by Fáilte Ireland and Foras Na Gaeilge. Library staff with relevant expertise and experience have been assigned to this work from within existing library service resources. Other DCC supports in kind include administration, utility and services support at library HQ Pearse Street. Budgetary costs incurred by Dublin City Council covering the period from July 2010 to March 2012 amount to 121,000 euro. This expenditure has contributed to promotion and marketing events and branding including banners and maps and to website development and design. Literary initiatives supported include workshops, festivals, performances, programmes and readings, all of which have been reported to Council at regular intervals. For example, the St. Patrick‟s Festival 2011 and the “Dublin Swell” events were especially memorable. The literary garden at Bloom 2011 received much attention. The “Great Writers, Great Places” series delivered last autumn brought writers to unusual places to name but a few. Steering group members have also provided support in kind or at reduced rates, for example media partners such as The Irish Times. Initiatives in 2012 thus far offer a diverse literary kaleidoscope, ranging from a tourism related literary ambassadors project, to a children‟s citywide reading project, a reader in residence project in inner-city Dublin, a series connecting writers with communities and a novel “break with a book” series which brings writers into workplaces. Online packages for emerging writers have been commissioned. Continuing funding support from the Department of Arts, Heritage and Gaeltacht Affairs has made many of these projects possible. Additionally, the office continues to run “Dublin, One City, One Book” which this year offered an extensive “Dubliners” programme in association with partners and venues. European Literature Night will take place at 12 venues on 16th May.

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Q71. COUNCILLOR MANNIX FLYNN Can the City Manager issue a full report with regards the final waste management

charges that were uncollected from households prior to the signing of the contract with Greyhound? The report to include: why Dublin City Council staff and administration is not being used for the collection of these outstanding charges. How much money is involved in these outstanding charges? Are there any contractual arrangements in place that empowers Greyhound to collect these monies on behalf of Dublin City Council? Does all of the money collected come back to Dublin City Council? What measures can Greyhound management employ if customers refuse to pay? Finally, if this is a service, done for Dublin City Council, was it ever put out to public tender as such?

CITY MANAGER’S REPLY Having examined the waste collection service during 2011 and having regard to the financial constraints leading up to the 2012 budgetary process, Management decided that due to the continuing loss of customers to the private sector waste operators and the cost of delivery of the service including increasing landfill levies, that we were no longer in a position to subsidise the waste collection service previously provided. Accordingly, a decision was taken to exit the waste collection service. The issuing of quarterly bills and the collection of outstanding arrears was an integral part of the waste collection service provided by the City Council. The process, as outlined below, in exiting the waste collection service involved the sale of an asset. Our legal advice is that it was not necessary to adhere to the formalities prescribed by Public Procurement Law in the context of this transaction, as the sale of an asset is not a procurement.

Dublin City Council, under the Waste Management Acts, has responsibility to provide, or arrange for the provision of, a waste collection service in its administrative area. Having made the decision to exit the waste collection service, we set about ensuring that an alternative service was provided to residents who had previously made use of the City Council collection. We engaged in a competitive process which involved seeking interest from waste operators. This process involved disposal of an asset and accordingly was not subject to procurement regulations.

The sale was conducted as a competitive process. Prospective bidders were identified with reference to waste collection experience in Ireland. Ernst and Young, acting as advisors to Dublin City Council, contacted potentially interested parties and issued them with a 1-page “teaser document” providing high level information on the opportunity on a “no-names” basis. Where a potential bidder indicated an interest at this stage, they were subjected to further pre-qualification criteria. These criteria included assessing if the party had sufficient capacity to undertake the proposed transaction, if they had experience of carrying out transactions of similar size and if they possessed the operational capability to provide services of expected quality to the customers post transaction. Successful interested parties were subsequently issued with an information memorandum which contained broad financial data. On the basis of the information memorandum, potential bidders were asked to confirm: i) Their interest in purchasing the business, and ii) The broad terms upon which they would be prepared to conclude a deal Following clarification of potential bidder positions, a number of bidders were approved to proceed to the next phase (due diligence) and an online data-room was set up to facilitate this.

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During this due diligence phase, a draft Asset Purchase Agreement (APA) was uploaded to the online data-room and the remaining bidders were requested to mark up the draft APA by a common deadline to definitively set out terms upon which they would be prepared to conclude a deal with DCC to purchase the business, including collection of the quarter 4 of 2011 charge and any outstanding arrears, so that the Council could maximise competitiveness of those terms. These marked up APAs were assessed by Ernst and Young, Dublin City Council and Arthur Cox following which assessment 2 bidders remained in the process.

Thereafter DCC, with assistance from Ernst and Young, negotiated commercial terms with the 2 remaining bidders leading ultimately to the signing of a binding agreement with Greyhound on 2nd December 2011 for the sale of the business, including the collection of quarter 4 of 2011 charges and outstanding arrears.

The value of outstanding revenues to the City Council at 16th January 2012 when the service transferred to Greyhound was €11m. This figure includes the charge for the final quarter of 2011 and the first 2 weeks of 2012 which amounts to €4.0m. An incentivised scheme of payment to Greyhound has been agreed under which the larger the amount of the final quarter charges and arrears they collect and remit to the Council, the larger the amount they receive as commission.

The agreement reached provides that Greyhound will use reasonable endeavours (in accordance with its own policies and procedures for collecting arrears and applying methods no more (but no less) rigorous than it would if the debts were owed directly to Greyhound) to collect, or procure the collection of, the debts for and on behalf of the City Council.

Q72. COUNCILLOR MANNIX FLYNN Can the City Manager issue a report as to the extent of DCC‟s commerical property

portfolio which is void/unoccupied? Also how many of DCC‟s rented commerical properties are in arrears? The report to include the whereabouts and full addresses of all Dublin City Council‟s commercial property that is to let within the City.

CITY MANAGER’S REPLY The Council‟s City Estate portfolio (currently consisting of 2,663 accounts) is managed by the Council‟s Development Department, Property Management Section and the current annual rent roll is just over €6M. The majority of the above mentioned accounts have quite small rents and I have confined my answer to any account which has an annual rental yield of more than or equal to €1,000, of which there are 210 accounts.

Of these 210 accounts fifty eight accounts have no arrears whatsoever. Fifty six of these accounts have total balances which have either just been raised or are less than 30 days overdue. The remaining accounts have total balances which are a combination of invoices raised some of which are more than 90 days overdue.

It should be noted that the Council‟s Development Finance Section have two staff

members dedicated to the collection of rents raised through the City Estate who work closely with the Property Management Section and, through a targeted approach, have managed to reduce the number of accounts in arrears and also entered into agreements\payment plans with a significant number of tenants which are presently being honoured and monitored monthly.

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The commercial properties owned by Dublin City Council that are currently unoccupied are: 14 St Stephen‟s Green, Dublin 2 – subject to public advertisement 13 Smithfield Terrace, Smithfield, Dublin 7 – subject to public advertisement 4 Capel Street, Dublin 1 - subject to public advertisement Units 6 and 7, Liberty Corner – Foley Street, Dublin 1 – publicly advertised; however no suitable licensee found as of yet Unit 2, Drury Street, Dublin 2 – previously advertised and negotiations ongoing re a proposal for use Unit 3, Drury Street, Dublin 2 – previously advertised and negotiations ongoing re a proposal for use 13 Earl St. Sth., Dublin 8 – negotiations ongoing re a proposal for use 43 Digges St./Aungier Street, Dublin 2 – to be advertised in the immediate future Rathmines Fire Station, Rathmines Rd Lwr., Dublin 6 9/10 Fitzwilliam St. Lower, Dublin 2.

Q73. COUNCILLOR MANNIX FLYNN Can the City Manager issue a report as to what measures are being undertaken by DCC for universal wheelchair access citywide. This report to include all infrastructural

work, footpath dishes etc., the extent of our total accessible housing stock, and what measures are being taken for the future ageing population of Dublin city.

CITY MANAGER’S REPLY Details of Road Maintenance Services Proposed Footpath works for 2012 are tabulated below. As part of the works footpath dishings are rebuilt and upgraded as required.

Location Description Area

Clune Rd(part of) Concrete Footway 370

St Pappin's Road (part of) Concrete Footway 400

Kilbarrack Road Concrete Footway 833

Tonlegee Road Concrete Footway 417

Oscar Traynor Road Concrete Footway 500

Howth Road Concrete Footway 500

Kilmore Road Concrete Footway 250

Skelly‟s Lane Concrete Footway 250

Beaumont Road Concrete Footway 333

Castle Avenue Concrete Footway 333

Waterville Road Concrete Footway 167

Ardara Avenue Concrete Footway 333

Grace Park Road Concrete Footway 333

Maywood Concrete Footway 333

Elm mount Concrete Footway 583

Shelmartin Avenue Concrete Footway 333

Concrete Footway

Ellis Quay (part of) Flag Footway 200

Parnell St Flag Footway 1670

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Talbot St Flag Footway 2029

Liffey St. Lr(Nth Lotts - Bachelors Walk) Flag Footway 310

Ormond Quay Lr. Flag Footway 738

Bachelors Walk(Litton Lane-O'C St Lr) Flag Footway 420

Dorset St. Upr (part of) Flag Footway 500

Cathal Brugha St (part of) Flag Footway 260

Ormond Quay Upper (part of_ Flag Footway 500

Faussagh Ave (part of) Flag Footway 500

Ellis Quay (part of) Flag Footway 100

South East

South Quays - South side between Parliament Street and Hawkins Street Flag Footway 2500

Dame St. - South side between Church Lane and 115 Grafton St Flag Footway 378

Dame St. - North side between Anglesea St. and Foster Place Flag Footway 150

Dame St. - South side between Trinity St. and Palace St. Flag Footway 750

Various Locations Concrete Flag & In Situ Concrete

South Central

Victoria Quay, South Side Concrete Footway 1460

Ushers Island, South Side between Queen Street Br. and James Joyce Br. Concrete Footway 400

Walkinstown Avenue (from side of 43A Walkinstown Green to No 155 Walkinstown Ave)

Replacement of tar margins with concrete 250

South Circular Road - Islandbridge

Retaining Wall and concrete path Repairs

Crumlin Areas to include : Saul Road, Windmill Park and Lorcan O'Toole Park Concrete Footway 350

Drimnagh Areas to include : Rafter's Road and Benbulbin Road

Replacement of tar margins with concrete 350

Ballyfermot Area to include: Drumfinn Ave, Blackditch Road and Raheen Park

Replacement of tar margins with concrete 350

Greenlea Rd, Parkmore Drive and Lavarna Rd Concrete Footway 200

Various Locations Concrete Flag & In Situ Concrete

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In addition to the above, the National Transport Authority (NTA) is providing funding of over €500,000 to Traffic Management and Control to carry out a programme of upgrading existing or installing new signalised pedestrian crossings. These works will improve crossing facilities for all pedestrians but especially those who are mobility impaired or disabled (MID). So far the following locations have been agreed with the NTA for construction during 2012.

South Great Georges Street / St. Stephen Street Lower

Castle Avenue near Vernon Avenue Clogher Road / Pearse College Parnell Square / Granby Row Griffith Avenue / Grace park Road Griffiith Avenue / Philipsburg Avenue Strand Street Harcourt Street / Hatch Street Upper Santry Avenue at Northwood

It is anticipated a number of other locations will be included on the 2012 works list in due course. In addition to the above the NTA is also funding Area plans covering three areas Drimnagh, Shanliss / Santry and Irishtown / Ringsend. New QBC works are currently being completed on Clanbrassil Street and North Wall Quay which include improved MID facilities and it is expected that works will commence later this year on Thomas Street / James Street QBC.

In addition to the above works planned directly by the City Council other works are ongoing as part of planning conditions e.g. new pedestrian crossing on North Circular Road at Mater Hospital.

Q74. COUNCILLOR PAT CRIMMINS To ask the Manager to request that the Road Maintenance Department repair a

pothole/uneven road which gathers surface water at, (details supplied).

CITY MANAGER’S REPLY Road Maintenance Division has inspected this location during rain. A small puddle was indeed witnessed on the carriageway; however there are no plans to carry out works here due to the minor nature of the puddle. Resurfacing works would be required to remedy this problem. Road Maintenance has not got sufficient resources to carry out these works at present.

Q75. COUNCILLOR PAT CRIMMINS To ask the Manager to request that a sign be put in place, (details supplied).

CITY MANAGER’S REPLY A sign has been ordered and will be installed in due course.

Q76. COUNCILLOR PAT CRIMMINS To ask the Manager to request that the Parks Department remove an unwanted tree

stake at, (details supplied).

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CITY MANAGER’S REPLY The Parks and Landscape Services Division will remove any tree stake not required at the location at, (details supplied), in the immediate future.

Q77. COUNCILLOR PAT CRIMMINS To ask the Manager to request that the Roads Department fix, (details supplied).

CITY MANAGER’S REPLY This matter will be referred to the Traffic Officer who will have the barrier repaired within the next two weeks.

Q78. COUNCILLOR MICHAEL MACDONNCHA To ask the City Manager if, at the time when the Council and Priory Hall residents

agreed to participate in the proposed resolution process, the Council management was aware of the attitude of the banks to the process; if their willingness to participate had been explored or signalled in any way; and if he will make a statement on the matter.

CITY MANAGER’S REPLY The matter of the Dublin City Council‟s appeal against orders of the President of the High Court in respect of the costs of the evacuated residents and other matters are still before the Supreme Court.

In the proposed resolution process it is a matter for each party relevant to the process to decide whether to participate if and when invited to do so by the chair of the resolution process Mr. Justice Finnegan

Mr. Justice Finnegan has now commenced the Resolution Process and it would be incompatible with the effective operation of this process to break confidentiality of the process. Accordingly, Dublin City Council will not be making any comment in relation to the Process under way until its work is finalised.

Q79. COUNCILLOR SEAMAS MCGRATTAN To ask the City Manager to erect road signs indicating when motorists enter the

Dublin City boundary. These signs are displayed by most other County and City Councils along the country's roadways, and were in the past displayed on main routes, for example along the N3 beside the Phoenix Park racecourse.

CITY MANAGER’S REPLY Traffic Management and Control will review signage on main routes into the city to determine suitable locations for the erection of new signage. A cost estimate will be prepared and works will be considered for inclusion in next year‟s works programme.

Q80. COUNCILLOR SEAMAS MCGRATTAN To ask the City Manager to repair, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q81. COUNCILLOR SEAMAS MCGRATTAN To ask the City Manager if there is still a plan to refurbish/upgrade, (details supplied).

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CITY MANAGER’S REPLY The Area Maintenance Officer reports that he is not aware of any ongoing condensation issues in this complex. Dealing with condensation is the responsibility of the tenant; however any individual complaint or request for inspection will be responded to in order to identify the problem. Dublin City Council has a number of Older Persons Complexes of which a significant number are bedsits. The long term strategy of Dublin City Council is to replace bedsits with units that have separate living and bedroom areas either in new schemes or through amalgamation of existing units.

A pilot scheme to assess the demand for converted one-bed units was carried out by the Council. This involved carrying out a total of nine conversions in different complexes. The pilot has shown very high levels of interest by older persons to occupy such units. The carrying out of further conversions is dependant on capital funding being made available to the City Council by the Department of Environment C&LG.

Having regard to current budgetary and financial constraints it is not possible at this time to indicate when it may be possible to progress the strategy.

Q82. COUNCILLOR SEAMAS MCGRATTAN To ask the City Manager what further works are planned by, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q83. COUNCILLOR DAMIAN O’FARRELL To ask the City Manager the following, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q84. COUNCILLOR DAMIAN O’FARRELL

To ask the City Manager for an update on this matter, (details supplied).

CITY MANAGER’S REPLY It is unlikely that the original plan to redevelop, (details supplied), will progress as part of a Joint Venture. Alternative options are currently being considered with a view to returning the void units at, (details supplied), to stock for letting. A Residents Association has recently been formed at, (details supplied). City Council staff will meet with the Residents Association and will work with the residents in improving the quality of life of the residents in the complex.

Q85. COUNCILLOR DAMIAN O’FARRELL To ask the City Manager to investigate the following please, (details supplied).

CITY MANAGER’S REPLY

A reply has been issued to the Councillor.

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Q86. COUNCILLOR SHEILA HOWES To ask the Manager to arrange for a small litter collection vehicle to call to the

laneway between, (details supplied), each Saturday so as to assist local residents in their objective of keeping that laneway litter free.

CITY MANAGER’S REPLY Waste Management Services have this laneway cleaned two or three times a week in order to deal with the dumping which occurs there. Unfortunately we are not in a position to include this location in our weekend cleaning schedule. Any dumping which occurs there over the weekend is removed on Mondays.

Q87. COUNCILLOR SHEILA HOWES To ask the Manager to arrange an on-site meeting at, (details supplied), so as the

resident representatives can discuss the location of the ramps which have already been agreed.

CITY MANAGER’S REPLY The Traffic Department has certain criteria that must be satisfied when deciding on the location of speed ramps. These criteria are as follows:

1. Residential, commercial or industrial road 2. Traffic speed and volume 3. Road characteristics including junction location, horizontal alignment, road

surface 4. The location of existing driveways, ramps, bus stops etc and any other

relevant permanent site detail 5. Location of street lighting

The Traffic Department can meet with local residents‟ representatives at, (details supplied). However, any revisions to the location of ramps as determined by the above criteria could only be considered in exceptional circumstances. Arrangements for a meeting can be made by contacting the undersigned.

Q88. COUNCILLOR SHEILA HOWES To ask the Manager to arrange an on-site meeting at the, (details supplied), area so

as to discuss with reps of the, (details supplied), the completion of works there to enhance pedestrian safety as well as safer wheelchair access.

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q89. COUNCILLOR SHEILA HOWES Given the delay in the implementation of the, (details supplied), and its associated

works in the, (details supplied), area, to ask the Manager to seek the reinstallation of the Bus Stop back at its traditional location at, (details supplied).

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q90. COUNCILLOR PAUL MCAULIFFE Can the City Manager arrange for the graffiti on the back wall of, (details supplied)?

CITY MANAGER’S REPLY The Public Domain Officer will contact the residents of, (details supplied), to seek assistance in the painting of the large wall in, (details supplied), Park that is currently heavily daubed in graffiti.

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Past experience have shown that when areas such as this are painted by local residents they remain graffiti free for longer periods.

Q91. COUNCILLOR PAUL MCAULIFFE Can the Manager locate a litter bin at the entrance to the park in, (details supplied)?

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q92. COUNCILLOR PAUL MCAULIFFE Can the Manager inspect, (details supplied).

CITY MANAGER’S REPLY The stop cock trap at this address was cleared of concrete and the spindle exposed on 8th May 2012.

Q93. COUNCILLOR PAUL MCAULIFFE Can the Manager arrange for, (details supplied)?

CITY MANAGER’S REPLY The Area Maintenance Officer investigated this complaint and reports there is nothing wrong with the door or frame. Somebody fitted an Eco drain and paving slabs outside the rear door which is preventing the door from opening; in fact the door only opens a fraction before it binds on the Eco drain and there is no rear access. This work was not carried out by Housing Maintenance. Arrangements have been made to dig up and lower the unit.

Q94. COUNCILLOR CRIONA NI DHALAIGH To ask the City Manager how much the recent published study on, (details

supplied), cost? Who was invited to participate in the report and were local Councillors invited to participate?

CITY MANAGER’S REPLY The recent report on, (details supplied), cost €7,500. The function and purpose of the report was to collate into a single document the numerous reports that have been prepared on, (details supplied), in recent years. This is not a new report, but a collection of previous reports and a desktop study that required no further consultation or participation.

Q95. COUNCILLOR JIM O’CALLAGHAN To ask the City Manager what plans has the Council in place for the implementation

of a site valuation property tax.

CITY MANAGER’S REPLY The Minister for Environment, Community and Local Government, Mr. Phil Hogan, T.D. has established an Inter-Departmental Group on Property Tax. This Group will consider the design of an equitable property tax, to be approved by Government, to replace the household charge. The property tax is to:

meet the immediate financial requirements of the EU/IMF programme;

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provide a stable funding base for the local authority sector in the medium and longer terms; incorporating an appropriate element of local authority; responsibility subject to any national parameters;

be collected centrally by the most cost efficient and effective means;

facilitate easy and/or phased payments by households;

be easily determined (e.g. on a self assessment basis), and having regard to available information on residential property and/or house ownership details; ensure the maximum degree of fairness between and across both urban and rural areas.

The Group is expected to give its report to the Minister towards the end of May 2012. Dublin City Council awaits the publication of that report and will consider it fully in due course.

Q96. COUNCILLOR JIM O’CALLAGHAN To ask the City Manager whether the lack of fencing around water in front of the

vacant hotel in the Docklands is a matter within the control of Dublin City Council or is it the responsibility of Waterways Ireland? If it is in the control of Dublin City Council, can adequate and secure fencing be placed around the water in order to provide a safe environment in which to walk?

CITY MANAGER’S REPLY The area in question is not owned by Dublin City Council. This question has been forwarded to the Dublin Docklands Development Authority (D.D.D.A.) and they will reply directly to the Councillor.

Q97. COUNCILLOR JIM O’CALLAGHAN To ask the City Manager to look into the possibility of extending or relocating the

parking permits for (details supplied).

CITY MANAGER’S REPLY This premises is a commercial property and accordingly the occupier is not eligible for a resident‟s parking permit.

Q98. COUNCILLOR JIM O’CALLAGHAN To ask the City Manager to inform Councillors of what he views as the implications

from the recent High Court decision in favour of the Sisters of Charity against the Council‟s Development Plan.

CITY MANAGER’S REPLY A proposal to hold a special meeting of the City Council will be brought to the City Council Meeting on the 14th May. As the matter is subjudice no comment will be made on the issue at this time.

Q99. COUNCILLOR NIAL RING To ask the Manager to detail the number of contracts awarded to non-Irish based

suppliers over the past three years including the following details: a. service provided/item/s supplied, b. monetary amount of contract, c. was contract put out to tender (simple yes or no will suffice),

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d. if tender process used, did any Irish based company tender, and if so, what was, in percentage terms, the difference in price quoted, indicating over or under ultimate awardee, e. if price/payment agreed in non-Euro currency, was any hedging mechanism used to avoid exchange rate fluctuation between award date and payment date.

CITY MANAGER’S REPLY We do not have information on the number of non-Irish based contracts. To find out the information requested would require a search of the Company‟s Registration Office for all companies that were awarded a contract over the past 3 years.

Q100. COUNCILLOR NIAL RING To ask the Manager to confirm that the statement by Dublin City Council's head of

water services, Tom Leahy, who recently said that one-third of households eligible for water rates would have to pay a flat charge because the properties in question were not suitable for the installation of meters is correct, and further confirm that the aggressive reaction of the Minister for the Environment, Community and Local Government, Phil Hogan, in flatly contradicting Mr Leahy, was incorrect.

CITY MANAGER’S REPLY A universal metering programme is being directly managed by the Department of the Environment, Community & Local Government, who have published the classification of properties to be covered by such an initial programme. Statements by Dublin City Council were based on locally available data. Surveys will be carried out nationally to establish the numbers of properties in all Local Authorities to be included in the universal metering programme. The matter of charges will be set by the Regulator yet to be appointed. A further report will issue when more details are available.

Q101. COUNCILLOR NIAL RING To ask the Manager for an update on the information provided to me as an answer to

my question to the Manager at the City Council Meeting of 1st February 2010 (Q147). In giving updated answers to part a to o thereof, could the Manager particularly confirm (answer part p) whether, or not, that the capital cost of installing a meter in each household still €200 (long term installation) and €500 per unit (short term installation)?

Q147. COUNCILLOR NIAL RING (1st February 2010)

To ask the City Manager for the following information in relation to the supply of water to the city: a. Number of households supplied with water by DCC b. Number of businesses supplied with water by DCC c. Cost of supplying water to each category of user. d. Annual capital expenditure on water supply infrastructure for past 5 years and 2010 budget. e. Income received from businesses for water supply. f. Total amount of water supplied to each category a and b above and any further categories if existing g. Cost of supplying water to government buildings in the City and income received in respect thereof. h. Amount of water processed for supply on a daily basis. i. Amount of water used by each user category. j. Estimated amount of water lost through leakage/damaged piping k. Estimated cost and time scale for pipe replacement programme. l. Average amount of water consumed on a daily basis per capita in the city (excluding business/commercial use)

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m. EU average amount of water consumed on a daily basis per capita in the EU. n. Estimate of saving to the City if the amount at l above were to drop to the amount at m. o. Amount per person of the saving estimated at n above. p. Estimated capital cost of installing a water meter in each household in the City.

CITY MANAGER’S REPLY The updated May 2012 answer to the 13 detailed questions originally advised to Councillor Ring in Q147 of 1st February 2010 is as follows: a. Approx. 216,000 households are supplied with water by DCC. b. Approx. 14,000 businesses are supplied with water by DCC. The reduction from

the 2010 figure is due to better information available on customer numbers following the completion of the Non Domestic Metering project and current information on business activity in the City.

c. The costs of supplying water to each category of user are worked on a consolidated charge basis which covers both Water Supply and Waste Water. The overall estimate for 2012 is €126.6 million. This would cover the cost of services supplied to Dublin region, services supplied to individuals or firms e.g. new connections, diversion of mains as well as the cost of providing water and waste water services to Domestic and Non-domestic customers.

d. The annual capital expenditure for Water Services infrastructure Projects (including Flooding Projects) has risen in recent years with approx. €68 million in 2009, €37 million in 2010 and €58million in 2011. The proposed capital expenditure for Water Services for the period 2012 – 2014 is approx. €357million with €150million on Water Supply Projects and €207million on Sewerage and Flooding Projects. €61million is budgeted to be spent in 2012 on Water Supply Projects and €41million on Sewerage Projects. A significant portion of the expenditure is funded by the Department of the Environment, Community and Local Government (DECLG) under the Water Services Investment Programme 2010-2012.

e. Income billed for 2011 - €23.7million; Income receipted for 2011 - €22.9million. Approximately €5.7million was written off in 2011 mainly for debt going back a number of years. The proposed charge on Non-Domestic users (NDUs) for water usage for 2012 will be €25.1million.

f. The total amount of water estimated to be supplied to domestic customers is 90,170,000 litres/day and to Non Domestic is 48,975,000 litre/day.

g. It is not possible to provide this information as Government buildings are not in a category distinct from other NDUs on our system. However, they are treated in a similar fashion to other NDUs and are charged the consolidated charge of €1.90 per 1,000 litres in 2012.

h. Regionally the average figure was 542,000,000 litres/day for 2011. Of this 220,500,000 litres/day was used by Dublin City Council.

i. Domestic 90,170,000 litres/day, Non Domestic 48,975,000 litres/day. j. Unaccounted for Water (UFW) is estimated at 80,770,000 litres/day based on

estimated average consumption figures. Recent studies have indicated that a substantial amount of UFW is domestic leakage on private property. Leakage on public mains is primarily due to the lack of investment in network replacement (historic). This is now being remedied by the Dublin Region Water main rehabilitation project which intends to reduce leakage below best UK comparators by 2020 (UK has comparable climate and plumbing) (see question k below for further detail).

k. The Dublin Region Water mains Rehabilitation Project, funded through the DECLG Water Services Investment Programme (WSIP), has been replacing old

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watermains over the last 5 years. Over €60 million has been spent in the region to date with major savings in leakage. This was the successor to the very successful Dublin Region Water Conservation Project 1996-2002 which reduced regional leakage from 42.5% to 28% and confirmed that replacement of the old Victorian network would be required to further reduce this figure. An investment of approximately €45million per annum in the city is required to continue this programme which is a priority identified in the Government Investment programme.

l. There is no measure available so an estimated figure of 180 litres/head/day is used. This includes a figure of 28 litres/head/day for leakage on the customer‟s side of the boundary. Recent studies have however confirmed that very significant additional leakage has been measured in pilot tests in Dublin.

m. Figures in the UK vary from an average water usage of 153.8 litres per person per day for un-metered customers to an average water usage 133.4 litres per person per day for metered customers. Other examples are Denmark with a figure of 131 litres per person per day, Austria with 125 litres per person per day, Finland with 150 litres per head per day and Germany with 126 litres per person per day. However these figures can be misleading due to local variables including climate, plumbing systems, level of capital reinvestment and pricing mechanisms.

n. It is not possible to give an answer to this due to the amount of variables. Potential savings could include the marginal cost of treatment as well as a saving in repair costs. There could also be a benefit in reduced disruption (less bursts), improved water quality and improved flows for fire fighting or for network flexibility and to facilitate new development. The cost of rehabilitation might take from these savings.

o. See response in item n above. p. A National Universal Metering Programme is being managed by the DECLG.

Due to major changes in economic circumstances since 2010 coupled with economies of scale likely in any National Programme, Dublin City Council have no current reliable information which would give cost indications for a large national metering programme on the scale proposed by DECLG, which will go through a full public procurement process managed by the DECLG.

Q102. COUNCILLOR NIAL RING To ask the Manager the following in relation to the debtors figure for Domestic

Refuse, broken down as follows: a. Amount owing on the date Greyhound took over the service. b. Amount of these arrears collected by Greyhound. c. Fee/commission payable to Greyhound for collecting arrears. d. Amount owing for the last quarter 2011. e. Confirmation that Greyhound will be in charge of collecting this amount. f. and to explain how this is to be collected by Greyhound. g. Fee/commission payable to Greyhound for collecting last quarter 2011 charges. h. Rationale behind allowing Greyhound to collect arrears.

CITY MANAGER’S REPLY a) A sum of €11m was due to the City Council at date of transfer to Greyhound.

This included a sum of €4m in relation to the final quarter of 2011 charge. b) The requirements in relation to the Data Protection Acts have only recently been

put in place. No revenue could be collected by Greyhound until the final bill for quarter 4 of 2011 was issued and the data in relation to the arrears was available to them. The bills were issued over the last week and the arrears data made available on 3rd May.

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c) The details of the agreement with Greyhound regarding this matter are confidential.

d) A sum of €11m was due to the City Council at date of transfer to Greyhound. This included a sum of €4m in relation to the final quarter of 2011 charge.

e) The agreement reached for the transfer of the waste collection service to Greyhound provided that they would collect the quarter 4 of 2011 charge and other outstanding arrears on behalf of the City Council.

f) The agreement reached provides that Greyhound will use reasonable endeavours (in accordance with its own policies and procedures for collecting arrears and applying methods no more (but no less) rigorous than it would if the debts were owed directly to Greyhound) to collect, or procure the collection of, the debts for and on behalf of the City Council.

g) The details of the agreement with Greyhound regarding this matter are confidential.

h) During the due diligence phase of the competitive process used in exiting the kerbside collection service, a draft Asset Purchase Agreement (APA) was uploaded to the online data-room and bidders were requested to mark up the draft APA by a common deadline to definitively set out terms upon which they would be prepared to conclude a deal with DCC to purchase the business including collection of the quarter 4 of 2011 charge and any outstanding arrears so that the Council could maximise competitiveness of those terms. In addition it was considered that there was a greater likelihood of the outstanding amounts being received if the kerbside collection service and the arrears management were carried out by the same body.

Q103. COUNCILLOR MICHAEL O’SULLIVAN Last year Fingal County Council adopted a policy to allow Affordable home owners to

let their Affordable homes on a temporary basis. Could the Manager indicate if any similar scheme is possible in the City Council area, and what options are available to people who need for family reasons to move home but are tied by their existing agreements.

CITY MANAGER’S REPLY It is the policy of Dublin City Council to consent to the letting out of affordable homes if they were acquired with private finance (Loan from a Bank). However if a dwelling was acquired with a City Council loan (Annuity or Shared Ownership), consent to letting out the affordable house will not be given as the Law Agent has advised Housing & Residential Services against it on the following basis: “Loans advanced to borrowers by Dublin City Council are for the purposes of the purchase of an applicant‟s principal private residence. The letting of a property to a third party is a commercial arrangement; the Council only has authority under the Housing acts 1966 to 2009 to advance loans for private residential purposes and not for commercial purposes”. Also, should the borrower default in the mortgage payments due to the city council and consent was given to the borrower to allow the renting of the affordable property to a tenant. The council‟s ability to repossess the dwelling would be seriously compromised if consent to the letting of the property has been given and the current tenants have observed all the conditions contained in the lease between them and the borrower. There are no options available to people who for family reasons need to move home but are tied by their existing agreements. The City Council has written to the Department of Environment Community & Local Government highlighting a number

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of circumstances where borrowers have informed the City Council of changes to their circumstances, However additional options for borrowers other than those included in Mortgage Arrears Resolution Process are not available at this time.

Q104. COUNCILLOR MICHAEL O’SULLIVAN The residents of, (details supplied), have had ongoing problems with blocked

sewers which have not been resolved after several visits by private drain clearance services. Could the Manager arrange for the main drain to be examined for blockages - in a nearby location it was recently found that a tree root was blocking main drain?

CITY MANAGER’S REPLY Drainage Division will carry out a camera survey of the main drain in the next week and the Councillor will be informed of the findings.

Q105. COUNCILLOR MICHAEL O’SULLIVAN Could the Manager arrange for remedial work on imprinted asphalt crossing at

junction, (details supplied)?

CITY MANAGER’S REPLY Roads Maintenance has compiled a list of asphalt ramps that need to be replaced in the South Central Area. The red imprinted asphalt ramp on, (details supplied), is included on the list. This ramp will be replaced by contract. It is anticipated that the ramp replacement contract will begin in the next few weeks.

Q106. COUNCILLOR MICHAEL O’SULLIVAN Could the Manager outline works planned for, (details supplied), in order to help

combat anti-social behaviour, and indicate time scale for same?

CITY MANAGER’S REPLY The Parks and Landscape Services Division is investigating the possibility of removing the small unused toilet block next to the dressing rooms in this Park. This will enable a section of new railing to be added, thus protecting the park buildings from graffiti and anti-social behavior. The completion of the work this year will depend on the availability of funds. The Division is presently seeking quotations for the work.

Q107. COUNCILLOR BRID SMITH To ask the Manager to explain the position of the following person on the housing list

and why he is being advised to come off one housing list in order to get on another? Can the Manager outline clearly his options and how he can access suitable housing, preferably in Bulfin Court. His medical condition is deteriorating and he has refused offers to date on grounds which pertain to his medical and social condition.

CITY MANAGER’S REPLY I can confirm that the applicant, (details supplied), is currently on the City Council‟s Housing Waiting list for suitable accommodation for Area J (Ballyfermot / Kilmainham / Bluebell / Islandbridge) with 105 points and Area K (Crumlin, Kimmage, Drimnagh, Walkinstown) and Area L (Dolphins Barn, Rialto, James Street) with 100 points. The applicant has intimated that he is not interested in bedsit accommodation in the Islandbridge or Bluebell Areas. Applicants can only be included on one Council list at any given time. Bulfin Court is an Older Person complex in the Kilmainham area. If the applicant wishes to be considered for a unit in that complex he should confirm this in writing as he will have

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to be placed on the Older Person list and his points re-calculated in accordance with the Older Person requirements. I would advise, however, that one bed units in that complex are currently in very high demand and his points on the Older Person list would be considered too low for an offer of accommodation in the near future. The applicant submitted medical evidence in support of his application back in 2008 and would also be advised to submit more up-to-date evidence if his needs have changed or if he has any specific requirements such as ground floor accommodation.

Q108. COUNCILLOR CIERAN PERRY In relation to waste management, can the Manager answer the following questions:

a. Can the Manager provide a comprehensive explanation of the powers DCC has in relation to reviewing the waste collection permit of Greyhound? b. How much was DCC owed for Waste Charges by householders prior to the changeover to Greyhound? What percentage of the arrears will Greyhound retain? c. Is the Greyhound restriction on the number of recycling bags allowable per collection in breach of DCC policy of encouraging recycling? d. What procedures are DCC putting in place to deal with the extra illegal dumping visible all over the city? e. What are the associated costs of DCC‟s Rapid Response crew and please give a breakdown of disposal costs area by area? f. Are DCC continuing to implement the Litter Management Plan and, if so, have any changes been written into the updated version?

CITY MANAGER’S REPLY a) The National Waste Collection Permit Office (NWCPO) was established on the

1st February 2012. The office is operated by Offaly County Council as the nominated Authority (Aras an Chontae, Charleville Road, Tullamore, Co. Offaly. Tel: 057 9357428).

Article 23 (1) of the Waste Management (Collection Permit) Regulations 2007 provides: “Where the nominated authority has reason to believe that a significant change in the nature, focus or extent of the waste collection activity has taken place, or at the request of a relevant local authority in whose area the permitted activity takes place, or where an amendment to the waste management plan of the region concerned requires a review of the permit, the nominated authority shall initiate a review of a permit granted by it at any time after the date on which the permit was granted.” In accordance with the above article, Dublin City Council can ask to have a review carried out of a waste collection permit where it considers it appropriate.

b) A sum of €11m was due to the City Council at date of transfer to Greyhound. This included a sum of €4m in relation to the final quarter of 2011 charge. The details of the agreement with Greyhound regarding this matter are confidential.

c) Greyhound provide each bag customer with sufficient recycling bags to allow for

two bags being presented for each scheduled collection of recycling material which takes place every two weeks. This is considered to be adequate for each household.

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d) Surveys of illegally dumped bags carried out in 2010 and in recent weeks indicate that that there is no increase overall in the number of bags being dumped. Samples of dumped bags are examined by Litter Wardens and if appropriate evidence can be obtained for the issue of litter fines. Dumped bags are removed as part of the street cleaning service.

e) Estimated annual costs for Rapid Response service are €566,826 inclusive of VAT. This covers fleet hire, fuel, staff wages and disposal costs. The service operates with three crews across the city and disposal costs of €140,109 inclusive of VAT are broken down as follows: North Central & North West Areas - €80,142 Central Area - €41,247 South East & South Central Areas - €18,720

f) The Litter Management Plan is still in force. A review is scheduled to commence

later this year. Q109. COUNCILLOR CIERAN PERRY Can the Manager provide a report on the number of waste bins removed from various

locations across the city and not replaced? Can he detail the locations and the reasons for removal?

CITY MANAGER’S REPLY Approximately 198 litter bins have been removed citywide since January 2011. These litter bins were removed because either they were not being used or necessary in residential areas or they were being used by people to dump domestic waste in and around them. In some cases they had in fact become focal points for dumping. The attached spreadsheet lists the streets from which these litter bins were removed.

Q110. COUNCILLOR CIERAN PERRY The latest report from the Parking Appeals Officer states that the cost of the

enforcement service is €7million. Can the Manager provide a report detailing a breakdown of these costs and a breakdown of all revenue accruing from parking charges and fines?

CITY MANAGER’S REPLY The adopted budget for 2012 for parking enforcement was €6,601,398 for parking enforcement and €418,304 for service support costs, giving a total cost of €7,019,702 for the parking enforcement function. The Council received €4.6m in clamp release fees and pound charges and €25.2m from the sale of pay and display parking tickets and residents/visitors parking permits in 2011.

Q111. COUNCILLOR CIERAN PERRY In relation to the Supreme Court decision in the Donegan v Dublin City Council case can the Manager answer the following questions: o How many other cases under Section 62 of the Housing Act are being appealed to

the courts? o How many eviction cases are before the courts? o If a case, such as the Donegan case, is being appealed to the courts does it

automatically grant a stay of execution to the tenant?

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CITY MANAGER’S REPLY As far as I am aware, there are 21 High Court cases pending, which are currently being reviewed in the light of the Donegan/Gallagher decision. As of today there are 416 cases pending in the District Court. In relation to stays on orders these are entirely within the jurisdiction of the Court in individual cases.

Q112. COUNCILLOR BRID SMITH To ask the Manager to explain why, (details supplied), who has welfare priority for

the past 29 months (since 17/112009), has not been offered a house from the Council Welfare Priority List, despite others with less time on the Welfare Priority being housed ahead of her. She has so far received two offers of housing for a lease period of five years, of re-possessed houses, based on a pilot scheme from DCC. She is very reluctant to accept the latter offers given her length of time on welfare priority and notwithstanding that the offer of re-possessed houses, is based on a pilot scheme and is therefore very insecure for her and her daughter.

CITY MANAGER’S REPLY:

Applicant Transfer/Housing

Waiting List

Overall

Welfare

Priority

Date

Housing

Need

Housed

Applicant 1 Housing List 17/11/09 2 bedroom Awaiting

Please note that applicants are generally considered for offers of housing or transfer having due regard to the date of the priority award, be it Medical or Welfare Priority. It should also be noted that Priority is awarded for up to 3 Housing Areas and may be for a specific location or a specific type of accommodation. Area J includes Ballyfermot, Inchicore, Bluebell and Islandbridge. For example, one of the Priorities listed ahead of applicant 1 is specifically for a certain estate in Housing Area J.

Currently, there are a number of applicants with Welfare Priority ahead of applicant 1. However, some of these applicants no longer wish to transfer or have other issues such as rent arrears which preclude them from offer. As part of the review of the new Allocations Scheme, it is proposed to review all applicants with longstanding priority status and remove such status if deemed appropriate.

I would add that not all vacancies can be allocated to Priority status applicants as points cases must also be considered. In addition, applicants from both the Housing and Transfer list must be considered for arising vacancies.

Having carried out an analysis of applicants currently ahead of the applicant on whose behalf you are making the enquiry (applicant 1.), I wish to advise you that this application will be and is currently being considered for all suitable vacancies that arise in the near future.

As you are aware, she has been contacted previously regarding vacancies that have become available where an initial tenancy of 5 years applies. While at the end of the 5 year period, the tenancy may or may not be extended, the City Council will be obliged to rehouse any tenant in such dwellings if the arrangement does cease, subject to the terms of the tenancy agreement having been complied with. Such

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contact does indicate that the applicant is now in the offer zone and her application is being considered.

Unfortunately, as the number of properties that have become available in the last few years has reduced, applicants with Priority status will be a longer time on the waiting list. While her preference may be for a regular City Council tenancy, her application will be considered for all types of social housing that arise in the area. Unfortunately, I am not in a position to give an exact timescale on when a further offer will materialise, however, I also wish to advise you that I have contacted the Ballyfermot Area Office regarding the case.

I am aware that you are seeking the information to ascertain applicant 1‟s future prospects.

If the Councillor would like to discuss this application further, please do not hesitate to contact me.

Q113. COUNCILLOR BRID SMITH To ask the Manager to investigate the possibility of appealing the recent court

decision which overturned the expressed democratic will of the elected representatives of Dublin City Council in voting for zoning in the Development Plan which would prevent religious lands being sold for private development purposes. Councillors voted to zone these lands for social housing and community use and the courts have asserted that we did not provide good enough reason. This requires an appeal to the court decision to protect one of the few democratic functions still remaining in the remit of those elected by the people of Dublin City.

CITY MANAGER’S REPLY A proposal to hold a special meeting of the City Council will be brought to the City Council Meeting on the 14th May. As the matter is subjudice no comment will be made on the issue at this time.

Q114. COUNCILLOR BRÍD SMITH To ask the City Manager to provide a full report on recent negotiated changes to the

contract with Covanta for the Poolbeg Incinerator, particularly in relation to the removal of the "put or pay" clause and the extension of the contract for 45 years.

CITY MANAGER’S REPLY Members of the City Council were informed on 1st March 2012 that, in concluding discussions on Heads of Terms on commercial arrangements with Covanta, we have also agreed a final decision date of the 31st August 2012. Since the agreement on Heads of Terms, negotiations have continued on the details of the Agreement. It is anticipated that these negotiations will conclude before 31st August 2012.

Q115. COUNCILLOR MÍCHEAL MACDONNCHA To ask the City Manager the discussions he has had with the Minister for the

Environment, Community & Local Government regarding the future of water services; the proposed establishment of an Irish water authority; the proposed removal of these functions from local authorities; the implications for Council services, staff and finances; the process by which this proposed reconfiguration will take place as far as the Council is concerned; and if he will make a statement on the matter.

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CITY MANAGER’S REPLY A position paper on reform of the water sector in Ireland was published by the Department of the Environment, Community and Local Government in January 2012 and subsequently, in March 2012, a letter from the Department was received in which the preliminary time line for the establishment of Irish Water was set out as follows.

Appointment of an Interim Board and Project Management Office in 2012 pending the establishment of Irish Water under its own statute by mid 2013

Irish Water acquiring statutory responsibility for water services in mid 2013, with ownership of assets transferring from that date

Local Authorities acting as Agents of Irish Water for a period with Irish Water taking over their operations on a phased basis from January 2015

The full transfer of operations being completed by end 2017 Since then it has been announced that the new Utility Company - Irish Water - will be a subsidiary of Bord Gáis. There has been interaction between the Department and the County and City Managers Association (CCMA) on the proposals and a number of sub-groups have been established to examine various aspects of the operation of the new Utility. It is also intended that senior Management of the Dublin Region Authorities will meet with officials of Bord Gáis in the near future to discuss, in outline, how events may transpire in the Dublin Region.

Q116. COUNCILLOR MICHEÁL MACDONNCHA To ask the City Manager the estimated number of households in the city which would

be suitable for the installation of water meters; the estimated number which would be unsuitable; and if he will make a statement on the matter.

CITY MANAGER’S REPLY The position paper on reform of the Water Sector in Ireland published by the Department of Environment, Community & Local Government (DECLG) in January 2012 states “1.05 million households out of total of 1.35 million households will be included on a universal metering programme. The remaining households (e.g. those with shared service connections and houses in multi occupancy premises such as apartment or flat complexes and gated communities) will have charges levied on a fixed basis”. The DECLG Procurement Strategy provides for a Survey of all properties in advance of meter installation. This Survey will be carried out in 2012 to identify the actual number.

Q117. COUNCILLOR MARIA PARODI To ask the City Manager to carry out the previous commitment in, (details supplied),

to repair the potholes and resurface, (details supplied), as the works have not been carried out yet and the road surface is in an extremely poor condition.

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

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Q118. COUNCILLOR DEIRDRE HENEY To ask the Manager to clarify situation with installation of water meters or provision

for same in (a) new developments, (b) water pipe replacement works

and say: (i) in how many cases has provision for meters been made, (ii) when this policy began, (iii) was the policy initiated on foot of an order from the Dept. of the Environment or

why was it commenced and how has it been funded to date, in addition please say if it‟s the €80 or €400 meter that has been provided for and if a statement can be made on the matter.

CITY MANAGER’S REPLY (i) Meters are not provided for in new developments or in areas where new

watermain construction is undertaken. However a new type of boundary box has been used by Water Services Division in replacing the old stop cock. The advantage of this boundary box is that householders can more easily turn on and off their own water supply and they have been encouraged to take responsibility for managing their own supply in this way. Also it enables pressure and flow tests to be carried out by the Water Services Division on supplies where the householder has indicated there is a loss of water supply or pressure, thus assisting in resolution of the water supply problem. It would be impossible to indicate the number of the new type of boundary boxes that have been installed in Dublin City as they are only installed as a situation requires rather than on a proactive basis.

(ii) This practice was introduced around 1997. (iii) The policy was not initiated on foot of an order from the Dept. of the Environment

but for the reasons outlined in the response to (i) above. The installations of the new type of boundary boxes were funded as part of Dublin City Council‟s Annual Revenue Budget for Water Services Division and by capital funding from the DECLG where installed under the Dublin Region Watermains Rehabilitation Project.

Meters may be fitted to these modern boundary boxes but without Government approval domestic customers can not be charged for any water used. For this reason no permanent meters have been installed in the boundary boxes, even to new developments, although the modern boundary boxes, where installed outside houses, are capable of taking meters. A National Universal Metering Programme is being managed by the DECLG. Due to major changes in economic circumstances since 2010 coupled with economies of scale likely in any National Programme, Dublin City Council have no current reliable information which would give cost indications for a large national metering programme on the scale proposed by DECLG, which will go through a full public procurement process managed by the DECLG.

Q119. COUNCILLOR DEIRDRE HENEY To ask the Manager to refer to location, (details supplied), where a litter bin was

removed by Dublin City Council in order to carry out repairs to leak in the roadway/pathway (approximately two months ago) but failed to reinstall the litter bin and if he will now make the necessary arrangements to have a replacement litter bin provided.

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CITY MANAGER’S REPLY Waste Management Services replaced the litter bin at this location on the 10th May 2012.

Q120. COUNCILLOR DEIRDRE HENEY

To ask the Manager to refer to premises at, (details supplied), and say

1. what criteria is used to ascertain the appropriate amount charged for commercial water rates on a premises which is partially used as a business, but in the main used as a domestic residence,

2. if there is an allowance in this instance for domestic use and if so, please give a breakdown or details relating to same,

3. how a proper breakdown can be ascertained between domestic and commercial use when there is only one meter measuring the water used by both domestic and commercial,

4. when the water meter was installed, 5. if it is possible for the City Council to install a separate meter for the water use of

the commercial aspect of the premises, 6. if it would suffice if the owner of the premises got their own meter installed to

measure the amount of water used in the commercial aspect of the premises, 7. say what Dublin City Council can do at this stage to resolve this matter which is

causing much anxiety to my constituent at, (details supplied). CITY MANAGER’S REPLY 1. Every non domestic premises that has a water supply and where a water meter

can be installed is charged for water consumption as recorded by the water meter. In the situation where there is a business being run from a property which is also used as a domestic residence a domestic allowance is allowed against the water consumption measured by the meter.

2. The domestic allowance is 450 litres per property per day i.e. when a bill is issued over say 100 days the bill will record water consumption over those days and a deduction of 450 litres x 100days is subtracted from the consumption.

3. It can never be determined the exact water consumption being used in a joint domestic/commercial situation where only one meter is installed serving both users. However the policy in such situations is to meter the water supply at the property boundary and allow the domestic allowance.

4. The meter was installed on 9/10/2007 and the water billing account for the meter was set up on 26/05/2008.

5. As advised in our response to Q3 the policy in such situations is to meter the water supply at the property boundary and allow the domestic allowance.

6. The suggestion that the customer install a separate non domestic meter is not feasible due to ownership, maintenance and automatic reading facility issues, etc.

7. The Water Services Division investigated this supply following notification from the Rates Office that consumption as recorded on the meter was unusually high. The outcome of this investigation was leakage identified on the customer side of the supply and a notice was issued to customer requesting resolution of this leakage issue. As a result the consumption has reduced and therefore the Billing Section has amended the account accordingly to reflect the reduced consumption and a revised bill has been issued to the customer.

Q121. COUNCILLOR DEIRDRE HENEY To ask the Manager to refer to laneway, (details supplied), and say:

1. if previous requests were made by residents to have this right of way extinguished,

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2. if previous requests to extinguish were made and rejected, please give details as to why,

3. what are the regulations/criteria involved for a constituent wishing to initiate closure?

CITY MANAGER’S REPLY No official application has been received to extinguish the right of way at this location. Should residents wish to submit an application, the following are guideline procedures and a checklist for the extinguishment process: An application for the extinguishment of the public right of way must be supported by the signatures and addresses of the proposers/and adjoining residents/landowners with properties abutting this laneway. As the extinguishment of a public right of way is a statutory procedure, which must be published, there is a right of objection by local residents and members of the general public, who may not agree with the proposal and these objections must be considered by the City Council even to the extent of hearing the views of both proposers and objectors at an Oral Hearing should the need arise. The extinguishment of a public right of way is a reserved function of the City Council. An application for extinguishment should also be accompanied by a statement as to how the laneway will be maintained in the future by the fee simple owner of the ground and/or the adjoining owners/occupiers and how access will be provided for any private right of way, and to any public services – E.S.B, Gas, Water, Drainage etc, that may exist on or under the laneway if these services are not diverted at the proposers expense. If the public right of way is extinguished the City Council will have no further responsibility for maintenance/liability of the laneway and cannot undertake liability for any expenses involved in effecting the physical closure. Upon receipt of this information and the undertaking as to future maintenance of the laneway and details of the proposed method of closure i.e. gates, walls etc, the matter will receive further attention.

Checklist for Extinguishment of Public Right of Way Application

Location Map Signature names & addresses of adjoining landowners with properties abutting

this laneway and highlighting the reason for closure Statement as to how the laneway is to be closed i.e. by means of lockable gates,

wall etc. Statement as to how the laneway will be maintained in the future and how access

will be provided for any private right of way and to any public services ESB, Bord Gáis, Water, Drainage Dept etc.

Commitment from residents to undertake the cost of closure and the future maintenance of the laneway, which includes the cost of diverting services if they exist in the laneway.

Q122. COUNCILLOR NAOISE Ó MUIRÍ Can the Manager please provide me with a full report on any complaints received

regarding the waste depot in operation at the Malahide Road Industrial Park near the “Golden Bake” bakery facility and the “Kish Fish Company” facility? Local residents have expressed concerns that operating standards at the facility are endangering food processing jobs in the immediate vicinity.

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CITY MANAGER’S REPLY In June 2011, Northside Recycling Ltd. applied to Dublin City Council for planning permission (Planning Ref: 2817/11) for change of use and fit out of the existing disused light industrial building at Unit 7B for the purposes of handling non-hazardous dry waste for recycling. A site notice was displayed and a notice published in a newspaper circulating in the area, as required, inviting submissions on the application. No such submissions were received and a temporary planning permission was granted on September 2nd, 2011. In October 2011, Northside Recycling Ltd. applied for a Waste Facility Permit (WFP) under the Waste Management (Facility Permit and Registration) Regulations 2007. In accordance with Section 8 (1) of the Regulations, a newspaper notice was published on 22/10/2011 giving notice of the intention to apply for a permit, and a site notice was displayed in accordance with Section 8(2) of the Regulations. No third party objections or observations were received by Waste Management Services in regard to this application. A waste facility permit was granted by Dublin City Council on March 16th 2012 for a period of five years, subject to terms and conditions. Following the recent receipt of complaints from business interests in the area and various public representatives, Northside Recycling Limited was inspected on 20/04/2012 and 09/05/2012 by authorised persons from the Council‟s Waste Enforcement Unit. A number of relatively minor non-compliances with the permit conditions were noted and the Company is currently engaged in rectifying these issues in consultation with the Waste Enforcement Unit. Accordingly, it is not considered that the revocation of the permit under Article 36 (1) of the Waste Management (Facility Permit and Registration) Regulations 2007 is warranted at this time. The premises will continue to be closely monitored to ensure full compliance with all permit conditions.

Q123. COUNCILLOR NAOISE Ó MUIRÍ Can the Manager please provide me with a report on the attached naming proposal

as submitted to Dublin City Council recently, (details supplied)?

CITY MANAGER’S REPLY A reply has been issued to the Councillor.

Q124. COUNCILLOR NAOISE Ó MUIRÍ Can the Manager please comment on the following complaint as submitted to me by

a local resident, (details supplied)?

CITY MANAGER’S REPLY In the period 1st May 2011 to 30th April 2012 a total of 51 vehicles were enforced in this car park. This is not considered to be an unreasonable level of enforcement. It is an offence to park on double yellow lines or single yellow lines during operational hours and any vehicles so parked are liable to be clamped at any location in the city.

Q125. COUNCILLOR NAOISE Ó MUIRÍ Can the Manager please give me an update on plans to publish street cleaning

schedules (including last/next date) to the web as discussed at the Environment SPC previously?

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CITY MANAGER’S REPLY The street cleaning schedules are now available on the Dublin City Council website www.dublincity.ie Then search under:- → Waste → Street Sweeping → Click here to check your street sweeping schedule Users can find the street sweeping information by searching by street name. The street cleaning frequency, last and next sweep dates are also displayed.

Q126. COUNCILLOR KIERAN BINCHY To ask the Manager what measures are available to the Council to ensure that the

DDDA maintains and marks its cycle lanes along the North and South Campshires adequately and safely, as the rough surface and lack of markings are a danger to cyclists and pedestrians and the DDDA has not even acknowledged my letter to it on the issue.

CITY MANAGER’S REPLY The Dublin Docklands Development Authority has responsibility for the campshires. However, the Director of Traffic will write to the DDDA regarding this matter and expressing concern regarding the safety of pedestrians and cyclists.

Q127. COUNCILLOR KIERAN BINCHY To ask the Manager to allow a resident, (details supplied), to get on the social

housing list while they are awaiting finalisation of their removal from joint ownership of a property with a local authority loan.

CITY MANAGER’S REPLY (Details supplied), is currently a joint-owner of, (details supplied), and she has already been in contact with our Mortgage Support Unit regarding the transfer of ownership to the current joint purchaser, under a local Authority Mortgage loan. We are unable to place, (details supplied), on the Council Housing List in the absence of a legal resolution of the ownership issue between the joint purchasers. Until such time as these matters have been finalised with the Mortgage Support Unit and the ownership is confirmed in the sole name of the other joint purchaser she cannot be accepted on the Housing List.

However, if a legal documented agreement between the joint purchasers is already in place outlining what they have agreed to do with the property, a copy should be submitted to this office with a completed application form and all relevant documents (namely birth certificates, proof income, proof current address, PPS numbers etc.) so that her application may be assessed.

Where an applicant has a legal agreement in place, they may be accepted on the list if the ownership has already been fully regularised, a copy of the land registry documents confirm a Transfer and if no monies were received in consideration of that Transfer, or they may be accepted subject to the submission of evidence that any ownership issue has been resolved by both parties by way of that legal agreement (whether this be an agreement to transfer ownership to one party in consideration of some or no monies or whether it be an agreement to sell the property and divide the sale proceeds on an agreed basis), such details would clarify that this property is no longer available to them and they are not in a position to access it for their accommodation need.

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The Council at no time encourages any applicant to divest a legal, financial or beneficial interest in a property simply to have a housing application accepted.

In accordance with the Housing Regulations 2011, as there is no legal agreement in place to date or confirmation from the Mortgage Support Unit that the matter has been resolved, we cannot proceed any further with her Housing Application at this time.

Q128. COUNCILLOR KIERAN BINCHY To ask the Manager to address the issues raised in the following letter, (details

supplied), and ask that the revaluation office carry out a revaluation of the premises rates as a matter of urgency.

CITY MANAGER’S REPLY

The retailer in this case applied to have the valuation on her shop revised. This is done through the Commissioner of Valuation which is an independent state body. The valuation of the shop in this case was not revised as it has not structurally changed. Unless there is a material change to the property, a revision is not permitted under the Valuation Act 2001. Dublin City Council does not have any role in determining valuation; however it does determine the rate on valuation each year at its budget meeting. The valuation by the rate on valuation = rates payable. The Commissioner of valuation is obliged under the Valuation Act 2001 to carry out a revaluation of all commercial property and in the case of Dublin City Council this process is underway and will be effective from 1st January 2014.