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Monthly City Council Meeting 13/05/2013 COMHAIRLE CATHRACH BHAILE ÁTHA CLIATH Miontuairiscí Chruinniú Míosúil a tionóladh ar 13 Bealtaine 2013 i Seomra na Comhairle, Halla na Cathrach, Cnoc Chorcaí ag 6.45 i.n. I Láthair an tArdmheara Naoise Ó Muirí sa chathaoir. 1. The Lord Mayor opened the meeting by informing Members of the resignation of Councillor Julia Carmichael which took effect from Friday 10 th May 2013. He said Councillor Carmichael had served on the City Council for the past 9 years and he paid tribute to her hard work and dedication. He wished her well in the future. Other Members, including the Fianna Fail Group Leader, joined with the Lord Mayor in praising Councillor Carmichael, paying tribute to the many talents she brought to her role as a city councillor, especially to her chairmanship of the Arts, Culture, Leisure & Community Strategic Policy Committee. The City Manager, Mr Philip Maguire, on his own behalf and on behalf of the staff, acknowledged her contribution to the council, particularly as chair of the Strategic Policy Committee and wished her well for the future. Comhairleoir: Comhairleoir: Comhairleoir Gerry Ashe Kieran Binchy Paddy Bourke Tom Brabazon Gerry Breen Christy Burke Aine Clancy Anthony Connaghan Pat Crimmins Pat Dunne Mary Fitzpatrick Declan Flanagan Mannix Flynn Mary Freehill John Gallagher Oifigigh Philip Maguire Kathy Quinn Michael Phillips Brendan Kenny Seamus Lyons Richard Brady Deirdre Heney Jane Horgan-Jones Vincent Jackson Dermot Lacey Mícheál Mac Donncha Ray McAdam Paddy McCartan Brian McDowell Ruairí McGinley Séamas McGrattan Padraig McLoughlin Lucy McRoberts Louise Minihan Andrew Montague Rebecca Moynihan Terence O‟Keeffe Jim Keogan Karl Mitchell Declan Wallace Vincent Norton Eileen Quinlivan Críona Ní Dhálaigh Jim O‟Callaghan Damian O‟Farrell Mary O‟Shea Michael O‟Sullivan Larry O‟Toole Maria Parodi Cieran Perry Anna Quigley Oisín Quinn John Redmond Nial Ring Brid Smith Bill Tormey Henry Upton Edie Wynne Ali Grehan Jason Frehill John O‟Hara Carmel Walsh Oonagh Casey Con Kehely (NTA)

COMHAIRLE CATHRACH BHAILE ÁTHA CLIATH · Policy Committee (Councillor A. Montague) – With reference to the making of Bye-Laws entitled Dublin City Council Parking Control Bye-Laws

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Page 1: COMHAIRLE CATHRACH BHAILE ÁTHA CLIATH · Policy Committee (Councillor A. Montague) – With reference to the making of Bye-Laws entitled Dublin City Council Parking Control Bye-Laws

Monthly City Council Meeting 13/05/2013

COMHAIRLE CATHRACH BHAILE ÁTHA CLIATH

Miontuairiscí Chruinniú Míosúil a tionóladh ar 13 Bealtaine 2013 i Seomra na

Comhairle, Halla na Cathrach, Cnoc Chorcaí ag 6.45 i.n. I Láthair an tArdmheara Naoise Ó Muirí sa chathaoir.

1. The Lord Mayor opened the meeting by informing Members of the resignation of Councillor Julia Carmichael which took effect from Friday 10th May 2013. He said Councillor Carmichael had served on the City Council for the past 9 years and he paid tribute to her hard work and dedication. He wished her well in the future. Other Members, including the Fianna Fail Group Leader, joined with the Lord Mayor in praising Councillor Carmichael, paying tribute to the many talents she brought to her role as a city councillor, especially to her chairmanship of the Arts, Culture, Leisure & Community Strategic Policy Committee. The City Manager, Mr Philip Maguire, on his own behalf and on behalf of the staff, acknowledged her contribution to the council, particularly as chair of the Strategic Policy Committee and wished her well for the future.

Comhairleoir: Comhairleoir: Comhairleoir

Gerry Ashe Kieran Binchy Paddy Bourke Tom Brabazon Gerry Breen Christy Burke Aine Clancy Anthony Connaghan Pat Crimmins Pat Dunne Mary Fitzpatrick Declan Flanagan Mannix Flynn Mary Freehill John Gallagher Oifigigh Philip Maguire Kathy Quinn Michael Phillips Brendan Kenny Seamus Lyons Richard Brady

Deirdre Heney Jane Horgan-Jones Vincent Jackson Dermot Lacey Mícheál Mac Donncha Ray McAdam Paddy McCartan Brian McDowell Ruairí McGinley Séamas McGrattan Padraig McLoughlin Lucy McRoberts Louise Minihan Andrew Montague Rebecca Moynihan Terence O‟Keeffe Jim Keogan Karl Mitchell Declan Wallace Vincent Norton Eileen Quinlivan

Críona Ní Dhálaigh Jim O‟Callaghan Damian O‟Farrell Mary O‟Shea Michael O‟Sullivan Larry O‟Toole Maria Parodi Cieran Perry Anna Quigley Oisín Quinn John Redmond Nial Ring Brid Smith Bill Tormey Henry Upton Edie Wynne Ali Grehan Jason Frehill John O‟Hara Carmel Walsh Oonagh Casey Con Kehely (NTA)

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Monthly City Council Meeting 13/05/2013

The Lord Mayor then put a request to the Members for the Dublin Civic Sword & Great Mace to be used at the Reception for the Signing of the Dublin Declaration 2013 in King‟s Inn. The event is organised by Ageing Well Network as part of the „EU Summit on Active and Healthy Ageing; An Action Agenda for European Cities and Communities‟, an associated event of the Irish Presidency of the Council for the European Union. Dublin City Council‟s Community & Enterprise (Social Inclusion) Section is involved. It was agreed at the Protocol meeting of 9th May that the Lord Mayor would raise this matter under Lord Mayor‟s Business. The Members approved the request. The Lord Mayor then reminded the Members that a response to the invitation to the Lord Mayor‟s Awards 2013 is essential and last date for confirming their attendance or regrets would be Wednesday 22nd May. He then showed a DVD of the proposed improvements works for Grafton St and informed the Members that it would be launched the following week and that a pre-launch briefing would be held for them.

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

seconded by Councillor D Heney “That Dublin City Council approves the Dublin City Manager answering the questions lodged”. The motion having been put and carried, written answers to the 137 questions lodged for the City Council meeting were issued. The Questions and Answers are set out in Appendix A attached.

3. Letter dated 10th April 2013 from South Dublin County Council conveying the terms of a motion from their April meeting calling for the new bridge across the Liffey in the city centre be named after Nurse Elizabeth O‟Farrell. It was moved by Councillor G Breen and seconded by Councillor D Flanagan “That Dublin City Council notes the contents of this letter”. The motion was put and carried. It was also agreed to refer this letter to the Naming Committee.

4. The minutes of the Meeting of the City Council held on the 8th April 2013 having

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

5. Submitted Report No.166/2013 of the Head of Finance (K. Quinn) – Monthly Local

Fund Statement. It was proposed by Councillor D Flanagan and seconded by Councillor Ruairi McGinley “That Dublin City Council notes the contents of Report No166 /2013” The motion was put and carried.

6. Report of the Dublin City Manager in compliance with Section 138 of the Local

government Act 2001 informing the Council of works which are about to commence and in compliance with the Planning and Development Regulations 2001, Part 8: Report No 137/2013 : Proposed Sutton to Sandycove Cycleway & Footway Interim Works: Bull Wall (Wooden Bridge) to Causeway Road, Dollymount, and Dublin 3. It was moved by Councillor G Breen and seconded by Councillor D Heney “That Dublin City Council notes Report No 137/2013 and hereby approves the contents therein”. The motion was put and carried.

7. Report of the Dublin City Manager in compliance with Section 138 of the Local

government Act 2001 informing the Council of works which are about to commence and in compliance with the Planning and Development Regulations 2001, Part 8: Report No. 139/2013: The conversion by Dublin City Council of 54 apartments

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located at Crampton Buildings, a Protected Structure, Temple Bar, Bedford Row, Asdill‟s Row, and Crampton Quay, Dublin 2. It was moved by Councillor M Flynn and seconded by Councillor D Lacey “That Dublin City Council notes Report No 139/2013 and hereby approves the contents therein”. The motion was put and carried.

8. Vacancies on the Arts, Culture, Leisure and Community Strategic Policy Committee

– It was proposed by Councillor M O‟Shea and seconded by Councillor R McGinley “That Dublin City Council hereby appoints Councillors P Crimmins and E Wynne to on the Arts, Culture, Leisure and Community Strategic Policy Committee” The motion was put and carried.

9. Vacancy on the Tolka Area Partnership following the resignation of Councillor Mary

Fitzpatrick from the Partnership – The City Council agreed to defer the filling of this vacancy for one month.

10. Vacancy on the Temple Bar Cultural Trust following the resignation of Councillor

Mannix Flynn from that Board - It was proposed by Councillor M O‟Shea and seconded by Councillor D Lacey “That Dublin City Council hereby appoints Councillor Ruairi McGinley to represent Dublin City Council on the Board of the Temple Bar Cultural Trust”

It was then proposed by Councillor M Flynn and seconded by Councillor V Jackson “That Dublin City Council hereby appoints Councillor Damian O‟Farrell to represent Dublin City Council on the Board of the Temple Bar Cultural Trust” Following a vote, Councillor R McGinley was appointed by the City Council to the Board of the Temple Bar Cultural Trust.

11. Vacancy on the Board of East Link Limited following the resignation of Councillor

Maria Parodi from that Board - It was proposed by Councillor D Lacey and seconded by Councillor P Bourke “That Dublin City Council hereby appoints Councillor Gerry Ashe to represent Dublin City Council on the Board of East Link Limited” The motion was put and carried.

12. Report No 111/2013 of the Chairperson of the Audit Committee (B. Cawley) – With

reference to the Annual Report of the Audit Committee. It was proposed by Councillor G Breen and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 111/2013” The motion was put and carried. The Members expressed their appreciation of the work done by the Chairperson of the Audit Committee. They also requested wider consultation in relation to the formulating of the Internal Audit Annual Programme for future years.

13. Report No. 113/2013 of the Chairperson of the Environment and Engineering

Strategic Policy Committee (Councillor Mary O’Shea) – Draft Bye-Laws for the Storage, Presentation and Collection of Household & Commercial Waste 2013. It was moved by Councillor E Wynne and seconded by Councillor C No Dhalaigh “That Dublin City Council notes the contents of Report No113/2013 and hereby resolves to make Bye-Laws for the Storage, Presentation and Collection of Household & Commercial Waste 2013 as outlined in the report”. The motion was put and carried. It was also agreed by the City Council that Landlords should be included in addition to Management Companies where appropriate.

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14. Report No 134/2013 of the Executive Manager (J. Keogan) – Report on Metro North Supplementary Development Contribution Scheme (Section 49 of the Planning & Development Act 2000, as amended). It was proposed by Councillor P McCartan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 134/2013 and hereby approves the revised Metro North Supplementary Development Contribution Scheme and effective date as outlined therein” The motion was put and carried.

Councillor M Fitzpatrick raised the issue of the possibility of abandoning this scheme altogether but it was confirmed to her by management that the legal advice is that it is not possible under current legislation to do so.

15. Report No 135/2013 of the Executive Manager (J. Keogan) – Supplementary

Development Contribution Scheme for Luas Red Line Extension (Line C1). It was proposed by Councillor R McGinley and seconded by Councillor A Montague “That Dublin City Council notes the contents of Report No 135/2013 and hereby approves the placing of the Draft Supplementary Development Contribution Scheme for Luas Red Line Extension (Line C1) on public display as outlined in the report”. The motion was put and carried.

16. Report No. 105/2013 of the Dublin City Manager (P. Maguire) – Corporate Risk

Register 2013. It was proposed by Councillor R McGinley and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 105/2013” The motion was put and carried.

17. Report No. 142/2013 of the Chairperson of the Transport and Traffic Strategic

Policy Committee (Councillor A. Montague) – With reference to the making of Bye-Laws entitled Dublin City Council Control of On-Street Car Club Bye-Laws 2013. It was proposed by Councillor A Montague and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 142/2013 and hereby resolves to make Dublin City Council Control of On-Street Car Club Bye-Laws 2013 as outlined therein” The motion was put and carried.

18. Report No. 143/2013 of the Chairperson of the Transport and Traffic Strategic

Policy Committee (Councillor A. Montague) – With reference to the making of Bye-Laws entitled Dublin City Council Parking Control Bye-Laws 2013. It was proposed by Councillor A Montague and seconded by Councillor M Flynn “That Dublin City Council notes the contents of Report No 143/2013 and hereby resolves to make Dublin City Council Parking Control Bye-Laws 2013 as outlined therein” The motion was put and carried.

19. Report No 165/2013 of the Assistant City Manager (S. Lyons) – Report in relation

to the Transition of services to Irish Water. It was proposed by Councillor P McCartan and seconded by Councillor M Flynn “That Dublin City Council notes the contents of Report No 165/2013” The motion was put and carried. It was also agreed that this report be referred to the Environment & Engineering Strategic Policy Committee for further consideration.

20. Report No 172/2013 of the A/Assistant City Manager (J. Keogan) – Heuston &

Environs Local Area Plan - The Manager‟s Report on the Submissions Received for the Pre Draft Public Consultation Issues Paper – May 2013. It was proposed by Councillor D Lacey and seconded by Councillor A Montague “That Dublin City

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Council notes the contents of Report No 172/2013 and approves the formulation of a Draft Heuston & Environs Local Area Plan” The motion was put and carried.

21. Report No. 178/2013 of the A/Assistant City Manager (J. Keogan) – Report on the

Expansion of the dublinbikes Scheme. It was proposed by Councillor M Flynn and seconded by Councillor A Montague “That Dublin City Council notes the contents of Report No 178/2013 and approved the expansion of the the dublinbikes Scheme as outlined therein” The motion was put and carried.

22. Report No 147/2013 of the A/Assistant City Manager (J. Keogan) – Addition of the

Griffin Gateway, Marino Institute of Education, Griffith Avenue, Dublin 9, to the Record of Protected Structures 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 G Breen “That Dublin City Council notes the contents of Report No 147/2013 and approves the addition of the Griffin Gateway, Marino Institute of Education, Griffith Avenue, Dublin 9, 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.

23. Report No 148/2013 of the A/Assistant City Manager (J. Keogan) – Addition of St

Mary‟s Convent, The Crescent, Donnybrook, Dublin 4, (Chimney, Donnybrook Laundry) to the Record of Protected Structures 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 G Breen “That Dublin City Council notes the contents of Report No 148/2013 and approves the addition of St Mary‟s Convent, The Crescent, Donnybrook, Dublin 4, (Chimney, Donnybrook Laundry), 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.

24. Report No 149/2013 of the A/Assistant City Manager (J. Keogan) – Addition of 64-

65 Phibsborough Road, Dublin 7, to the Record of Protected Structures 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 G Breen “That Dublin City Council notes the contents of Report No 149/2013 and approves the addition of 64-65 Phibsborough Road, Dublin 7, 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.

25. Report No 150/2013 of the A/Assistant City Manager (J. Keogan) – Addition of 66

Phibsborough Road, Dublin 7, to the Record of Protected Structures 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 G Breen “That Dublin City Council notes the contents of Report No 150/2013 and approves the addition of 66 Phibsborough Road, Dublin 7, 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.

26. Report No 151/2013 of the A/Assistant City Manager (J. Keogan) – Amendment of

current entry for Richmond Road, Dublin 3 - Former distillery buildings between Distillery Road & Richmond Road to read “156-163 Richmond Road, Dublin 3 : 1. Brick & stone building east of Tivoli Centre, 2. Stone warehouse fronting onto Richmond Road‟, to the Record of Protected Structures in accordance with Section 54 and 55 of the Planning and Development Act, 2000. It was proposed by

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Councillor D Lacey and seconded by Councillor G Breen “That Dublin City Council notes the contents of Report No 151/2013 and approves the amendment of current entry on the Record of Protected Structures for Richmond Road, Dublin 3 - Former distillery buildings between Distillery Road & Richmond Road to read “156-163 Richmond Road, Dublin 3 : 1. Brick & stone building east of Tivoli Centre, 2. Stone warehouse fronting onto Richmond Road‟, in accordance with Section 54 and 55 of the Planning and Development Act, 2000” The motion was put and carried.

27. Report No 152/2013 of the A/Assistant City Manager (J. Keogan) – Addition of 20

Molesworth Street, Dublin 2, to the Record of Protected Structures 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 G Breen “That Dublin City Council notes the contents of Report No 152/2013 and approves the addition of 20 Molesworth Street, Dublin 2, 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.

28. Report No 153/2013 of the A/Assistant City Manager (J. Keogan) – Addition of 86

Rathmines Road Lower, Dublin 6, to the Record of Protected Structures 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 G Breen “That Dublin City Council notes the contents of Report No 153/2013 and approves the addition of 86 Rathmines Road Lower, Dublin 6, 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.

29. Report No 154/2013 of the A/Assistant City Manager (J. Keogan) – Addition of

Alliance Gas Works Chimneystack, Hibernian Road, Dublin 2, to the Record of Protected Structures 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 G Breen “That Dublin City Council notes the contents of Report No 154/2013and approves the addition of Alliance Gas Works Chimneystack, Hibernian Road, Dublin 2, 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.

30. Report No 155/2013 of the A/Assistant City Manager (J. Keogan) – Deletion of 218-

219 Parnell Street, Dublin 1, from the Record of Protected Structures 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 G Breen “That Dublin City Council notes the contents of Report No 155/2013 and approves the deletion of 218-219 Parnell Street, Dublin 1, 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.

31. Report No 156/2013 of the A/Assistant City Manager (J. Keogan) – Deletion of 1-4

& 4A Arbour Hill, Dublin 7, from the Record of Protected Structures 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 G Breen “That Dublin City Council notes the contents of Report No 156/2013 and approves the deletion of 1-4 & 4A Arbour Hill, Dublin 7, 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.

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32. Report No 160/2013 of the Assistant City Manager (B. Kenny) – Community Grants

Scheme 2013. It was proposed by Councillor R McGinley and seconded by Councillor G Breen “That Dublin City Council notes the contents of Report No 160/2013 and hereby approves the Community Grants Scheme 2013 as outlined therein” The motion was put and carried.

33. Report No 180/2013 of the Chairperson of the Dublin City Joint Policing Committee

(Councillor Gerry Breen) - Annual Report of the Dublin City Joint Policing Committee on the performance of its functions during 2012. It was proposed by Councillor E Wynne and seconded by Councillor G Breen “That Dublin City Council notes the contents of Report No 180/2013” The motion was put and carried.

34. Report No. 130/2013 of the Assistant City Manager (P. Maguire) – With reference to

the proposed disposal of a site at Oscar Traynor Road/Coolock Lane, Dublin 5. The City Council agreed to a management request for the withdrawal of this proposed disposal to facilitate further discussion.

35. Report No 171/2013 of the Executive Manager (C. Reilly) – With reference to the

disposal of the fee simple interest under the Landlord and Tenant (Ground Rents) No 2 Act 1978 in 6 premises. It was proposed by Councillor G Breen and seconded by Councillor P McCartan “That Dublin City Council notes the contents of Report No 171/2013 and assents to the proposal outlined therein” The motion was put and carried.

36. Report No 173/2013 of the A/Assistant City Manager (J. Keogan) – With further

reference to the proposed disposal of a Commercial Unit at 7 Bow Lane West, Kilmainham, Dublin 8 (formerly known as part of 6 Bow Lane West). The City Council agreed to defer consideration of this report to the next monthly meeting to be held on the 10th June 2013.

37. Report No 174/2013 of the A/Assistant City Manager (J. Keogan) – With reference

to the disposal of a plot of land including 6 Railway Arches at Aldborough Parade, Dublin 1. . It was proposed by Councillor G Breen and seconded by Councillor P McCartan “That Dublin City Council notes the contents of Report No 174/2013 and assents to the proposal outlined therein” The motion was put and carried.

38. Report No 175/2013 of the A/Assistant City Manager (J. Keogan) – With reference

to the proposed disposal of the Council‟s fee simple interest in the premises Ballyfermot Health Centre, Ballyfermot Road, Dublin 10. It was proposed by Councillor G Breen and seconded by Councillor P McCartan “That Dublin City Council notes the contents of Report No 175/2013 and assents to the proposal outlined therein” The motion was put and carried.

39. Report No 176/2013 of the A/Assistant City Manager (J. Keogan) – With reference

to the disposal of the Council‟s leasehold interest in No. 3 South Great Georges Street, Dublin 2. It was proposed by Councillor G Breen and seconded by Councillor P McCartan “That Dublin City Council notes the contents of Report No176 /2013 and assents to the proposal outlined therein” The motion was put and carried.

40. Report No 177/2013 of the A/Assistant City Manager (J. Keogan) – With further

reference to the proposed disposal of Nos. 5 and 6 North Strand Rd, Dublin 1. It was proposed by Councillor G Breen and seconded by Councillor P McCartan “That

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Dublin City Council notes the contents of Report No 177/2013 and assents to the proposal outlined therein” The motion was put and carried.

41. Report No 102/2013 of the Finance Strategic Policy Committee (Councillor Mícheál

Mac Donncha) – Breviate of meeting held on 21st March 2013. It was proposed by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council notes the contents of Report No 102/2013” The motion was put and carried.

42. Report No 108/2013 of the Housing Strategic Policy Committee (Councillor Dermot

Lacey) – Breviate of meeting held on 25th February 2013. It was proposed by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council notes the contents of Report No 108/2013” The motion was put and carried.

43. Report No 114/2013 of the Environment and Engineering Strategic Policy

Committee (Councillor Mary O’Shea) – Breviate of meeting held on 21st March 2013. It was proposed by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council notes the contents of Report No 114/2013” The motion was put and carried.

44. Report No 131/2013 of the Economic Development, Planning and International

Relations Strategic Policy Committee (Councillor Mary Freehill) – Breviate of meeting held on the 26th February 2013. It was proposed by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council notes the contents of Report No 131/2013” The motion was put and carried.

45. Report No 132/2013 of the North West Area Committee – Breviate for the month of

March 2013 – Councillor Bill Tormey, Chairperson. It was proposed by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council notes the contents of Report No 132/2013” The motion was put and carried.

46. Report No 112/2013 of the Central Area Committee – Breviate for the month of

March 2013 – Councillor Séamas McGrattan, Chairperson. It was proposed by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council notes the contents of Report No 112/2013” The motion was put and carried.

47. Report No 115/2013 of the South Central Area Committee – Breviate for the month

of March 2013 – Councillor Críona Ní Dhálaigh, Vice- Chairperson It was proposed by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council notes the contents of Report No 115/2013” The motion was put and carried.

48. Report No 96/2013 of the South East Area Committee – Breviate for the month of

March 2013 – Councillor Kieran Binchy, Chairperson. It was proposed by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council notes the contents of Report No 96/2013” The motion was put and carried.

49. Report No 133/2013 of the North Central Area Committee – Breviate for the month

of March 2013 – Councillor Jane Horgan-Jones, Chairperson. It was proposed by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council notes the contents of Report No 133/2013” The motion was put and carried.

50. Report No 119/2013 of the Protocol Committee – Breviate for the month of

February 2013 – Councillor Michael O’Sullivan, Vice-chairperson. It was proposed

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by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council approves Report No 119/2013” The motion was put and carried.

51. Report No 103/2013 of the Central Area Joint Policing Sub-Committee – Breviate of

the meeting held on 11th March 2013 – Councillor Mary Fitzpatrick, Chairperson. It was proposed by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council notes the contents of Report No 103/2013” The motion was put and carried.

52. Report No 104/2013 of the South East Area Joint Policing Sub-Committee –

Breviate of the meeting held on 7th March 2013 – Councillor Edie Wynne, Chairperson. It was proposed by Councillor C Ni Dhalaigh and seconded by Councillor M O‟Shea “That Dublin City Council notes the contents of Report No 104/2013” The motion was put and carried.

53. Report No 141/2013 of the Transport and Traffic Strategic Policy Committee

(Councillor Andrew Montague) – Breviate of meeting held on 10th April 2013. It was proposed by Councillor D Lacey and seconded by Councillor A Clancy “That Dublin City Council notes the contents of Report No 141/2013” The motion was put and carried.

54. Report No 157/2013 of the Arts, Culture, Leisure and Community

Strategic Policy Committee (Councillor Gerry Breen, In the Chair) – Breviate of meeting held on 27th March 2013. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 157/2013” The motion was put and carried.

55. Report No 158/2013 of the Housing Strategic Policy Committee (Councillor Dermot

Lacey) – Breviate of meeting held on 22nd March 2013. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 158/2013” The motion was put and carried.

56. Report No 179/2013 of the Economic Development, Planning and International

Relations Strategic Policy Committee (Councillor Mary Freehill) – Breviate of meeting held on 23rd April 2013. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 179/2013” The motion was put and carried.

57. Report No 168/2013 of the North West Area Committee – Breviate for the month of

April 2013 – Councillor John Redmond, Vice-Chairperson. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 168/2013” The motion was put and carried.

58. Report No 159/2013 of the Central Area Committee – Breviate for the month of

April 2013 – Councillor Séamas McGrattan, Chairperson. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 159/2013” The motion was put and carried.

59. Report No 164/2013 of the South Central Area Committee – Breviate for the month

of April 2013 – Councillor Ruairi McGinley, Chairperson. It was proposed by

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Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 164/2013” The motion was put and carried.

60. Report No 136/2013 of the South East Area Committee – Breviate for the month of

April 2013 – Councillor Kieran Binchy, Chairperson. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No136/2013” The motion was put and carried.

61. Report No 162/2013 of the North Central Area Committee – Breviate for the month

of April 2013 – Councillor Jane Horgan-Jones, Chairperson. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 162/2013” The motion was put and carried.

62. Report No 170/2013 of the Protocol Committee – Breviate for the month of April

2013 – Councillor Pat Crimmins, Chairperson. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council adopts Report No 170/2013” The motion was put and carried.

63. Report No 163/2013 of the North Central Area Joint Policing Sub-Committee –

Breviate of the meeting held on 15th April 2013 – Councillor Gerry Breen, Chairperson. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 163/2013” The motion was put and carried.

64. Report No 167/2013 of the South Central Area Joint Policing Sub-Committee –

Breviate of the meeting held on 19th April 2013 – Councillor Vincent Jackson, Chairperson. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 167/2013” The motion was put and carried.

65. Report No 169/2013 of the North West Area Joint Policing Sub-Committee –

Breviate of the meeting held on 15th April 2013 – Councillor Paul McAuliffe, Chairperson. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 169/2013” The motion was put and carried.

66. Report No 181/2013 of the Dublin City Joint Policing Committee – Breviate of

meeting held on 8th April 2013 – Councillor Gerry Breen, Chairperson. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 181/2013” The motion was put and carried.

67. Report No 182/2013 of the Dublin City Joint Policing Committee – Breviate of

meeting held on 22nd April 2013 – Councillor Gerry Breen, Chairperson. It was proposed by Councillor V Jackson and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 182/2013” The motion was put and carried.

68. Emergency Motions - Three Emergency motions were submitted as follows :

(a) Submitted by Councillor M Flynn – ruled out of order by the Lord Mayor

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(b) Submitted by Councillors Ni Dhalaigh and Jackson - withdrawn by them following a statement by Mr Dick Brady, Assistant City Manager

(c) Submitted by Councillor M Fitzpatrick on behalf of the Fianna Fail

Group – ruled out of order by the Lord Mayor

69. Following a ruling by the Lord Mayor of disorderly conduct on the part of Councillor M Fitzpatrick, she was asked to vacate the Chamber for half an hour in accordance with Standing Order No 42. She left the Chamber at 9.10pm and returned at 9.40pm.

70. It was proposed by Councillor M Flynn and seconded by Councillor C Burke “In

light of the recent figures of €20 million in social housing rent arrears and the unlikely event that a substantial part of these monies will be recovered and given the fact that a substantial part of these arrears are associated with the boom and the rise in those employed in jobs in social housing households that this Council calls on the City Manager and the Government to write-off these arrears wherever possible. This action would bring enormous relief and hope to the many thousand families in social housing units and would immediately bring them out of the burden of this debt and alleviate poverty and all its trappings” An amendment to this motion was put forward by Councillor B Smith and seconded by Councillor C Ni Dhalaigh. The following amended motion was then put and carried ““In light of the recent figures of €20 million in social housing rent arrears and the unlikely event that a substantial part of these monies will be recovered and given the fact that a substantial part of these arrears are associated with the boom and the rise in those employed in jobs in social housing households that this Council calls on the City Manager and the Government to put in place an appeals process that can allow leniency in certain cases of financial hardship. This action would bring enormous relief and hope to the many thousand families in social housing units and would immediately bring them out of the burden of this debt and alleviate poverty and all its trappings”

71. The City Council agreed to suspend Standing Orders to extend the meeting after the 10pm deadline. The Lord Mayor then announced that he would hold an adjourned meeting of the City Council on the 27th May at 6.45pm to deal with the motions remaining after the close of the meeting.

72. It was proposed by Councillor V Jackson and seconded by Councillor C Burke “That Dublin City Council investigates the process involved & costs associated with Dublin City Council trying to establish a Municipal Lottery with the specific objective of supporting the development & maintenance of quality play & open spaces, leisure & recreational service” Following a report given by the Head of Finance, Ms Kathy Quinn, the City Council agreed to Councillor Jackson‟s request to withdraw this motion.

73. It was proposed by Councillor M Mac Donnacha and seconded by Councillor M

Flynn “That Dublin City Council fully supports the survivors of Bethany Home, Rathgar, who have to date been excluded from both the Residential Institutions Redress Scheme and the Magdalene Redress Scheme (despite initial indications from the Taoiseach that the Bethany Home may be considered for inclusion in the latter scheme), leaving them in a state of vulnerability, uncertainty and, in many cases, poverty. We call on the Government, as a matter of urgency, to ensure that

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justice is served to the survivors of the Bethany Home and that the State affords them the peace and security that they deserve in these, their older years. We support their call for a process of non-adversarial redress and to provide assistance to them in their attempts to access to their records” The motion was put and carried.

The meeting concluded at 10.10pm and all motions remaining on the Agenda were deferred to the adjourned meeting of the City Council to be held on the 27th May 2013. Correct. ________________________ _________________________ LORD MAYOR MEETINGS ADMINISTRATOR

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APPENDIX A: MINUTES OF MONTHLY MEETING HELD ON 13th MAY 2013

QUESTIONS LODGED PURSUANT TO STANDING ORDER NO.16 FOR REPLY AT THE MONTHLY MEETING OF DUBLIN CITY COUNCIL TO BE HELD ON MONDAY, 13th MAY 2013 Q1. COUNCILLOR RUAIRÍ MCGINLEY In relation to Carlton site development to ask the Manager to set out any properties

that Dublin City Council are still due to be paid for, the current status of any such debts and the Managers proposals to bring these disposals to full completion in terms of finally agreeing a sale amount that will be paid in the foreseeable future to the credit of DCC Capital account. The Manager in his response should advise if any further reports are due to be presented to the Council on this matter.

CITY MANAGER’S REPLY: The proposed disposal of land at 24/25 Moore Street was approved by the elected members at the meeting of the City Council held on 17th November 2008. As per the terms of the S183 the Building Licence/Agreement for lease have not yet been signed and no monies are due until this has been completed. Negotiations are ongoing regarding completing the disposal of these lands and these negotiations are dependent on progress of the discussions that are ongoing between NAMA and Chartered land. The outcome of these negotiations will determine if a further report will be brought before the City Council on this matter.

Q2. COUNCILLOR RUAIRÍ MCGINLEY To ask the Manager how many rental accounts are more than 12 months in arrears

and to report the number of these accounts which have an agreed payment plan in place. The Manager in his reply should indicate the number of eviction proceedings in place for any accounts with rents more than 1 years old, where no payment plan is in place.

CITY MANAGER’S REPLY: There are currently 2256 households that are over 52 weeks in arrears of rent. Over the period 1/1/12 to 1/5/13, 892 accounts adhered to their arrangements and 1364 did not honour their arrangements in full. 1325 households have eviction procedures initiated against them. In order to accommodate the unique circumstances of each tenant the nature of the repayment agreements can be wide ranging and are monitored regularly by the Arrears Supervisors, Rent Arrears Section.

Q3. COUNCILLOR DAMIAN O’FARRELL Can the City Manager please provide a report that details all appointments of elected

Members of DCC and also officials, to represent Dublin City Council on any other organisations during the term of this Council please. The list should include the names of individuals, the organisations to which they were appointed, whether or not any payments are made in relation to those appointments and also the specific amounts paid. Where the Council doesn't have information on whether or not payments are made at all and also if the Council doesn't have information on specific individual payments the Council should contact that organisation requesting a) whether or not a payment is made and if expenses are included and also, b) details of specific individual amounts paid please.

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CITY MANAGER’S REPLY: Details of appointments of DCC Elected Members are available to view on the Councillor information page on Dubnet (link as follows http://intranet/councillors/councillorinformation/Councillor%20Committees/Forms/AllItems.aspx ). Spreadsheets giving details of external company boards/organisations to which officials of Dublin City Council are appointed will be sent to the Councillor in the course of the next few days. These officials are representing Dublin City Council as part of their official duties and the names can change as officials retire or are transferred to other duties. Payments in respect of such appointments are a matter for the external boards/organisation to record in their respective annual accounts and are not recorded by DCC. The Protocol Committee at their meeting held on the 4th April 2013 agreed not to seek such information.

Q4. COUNCILLOR CHRISTY BURKE To ask the City Manager to examine the lands at the old St. Bricin‟s Hospital, Dublin

7 in order to build 20 Housing Units of Housing for all the residents of, (details supplied).

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

Q5. COUNCILLOR MARY FREEHILL Up until the late 1990‟s the Municipal Gallery of Modern Art had an Art Advisory

Committee appointed by and the Gallery reported to the then Cultural Committee. It was then felt that if the Gallery had its own Limited Company, members appointed by the City Manager, that it would be in a better position to raise funds for the Gallery. Would the Manager state how much has been raised from the private sector for the Gallery and also a breakdown of Irish and EU funding the Gallery has received over the past 15 years.

CITY MANAGER’S REPLY: The total sum raised from the private sector from September 2004 to December 2012 is €6,129,747. In the same period €1,281,907 was received from public funds excluding the ongoing revenue and capital expenditure costs received by Dublin City Council. There was no direct EU funding to the gallery. The records prior to 2004 have been archived and will be extracted and forwarded to the councillor.

Q6. COUNCILLOR RAY MCADAM To ask the City Manager to provide a comprehensive report into, (details supplied).

CITY MANAGER’S REPLY: The Office of Public Works report that the park has been closed due to a major problem with anti-social behaviour mostly pertaining to drug abuse. The Office of Public Works carries out limited maintenance but does not have the resources to clean the park nor to engage specialist cleaning companies to pick up the dangerous rubbish. A press release was issued last October on the matter. Discussions are currently in place regarding the future of this park.

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Q7. COUNCILLOR DERMOT LACEY To ask the Manager if, in relation to the recent report to the Traffic Committee on the

operating of the Clamping system/”service” he would detail a reply to the following questions: Of the vehicles clamped more than 10 plus times commercial vehicles? Were the "cars" business like service providers, plumbers electricians, sales reps making deliveries or collections? What was the nature of their offence i.e. underpayment, back late, double yellow lines offences etc.

CITY MANAGER’S REPLY: No commercial vehicle was clamped more than 10 times. One vehicle clamped 10 times was taxed as a goods vehicle. The offences committed by this vehicle were over 30 minutes in a loading bay, parking on a footpath, parked in a Bus lane during operational hours, parked in a taxi rank.

Q8. COUNCILLOR GERRY ASHE To ask the Manager to arrange to have the boilers serviced at, (details supplied), as

in some cases it has been over two years since the boilers in this complex have been inspected. CITY MANAGER’S REPLY: Dublin City Council have commenced a new schedule of boiler servicing with effect from 01/03/2013.

The servicing of gas central heating boilers is scheduled on a month by month basis until such time as the new tender is awarded. Services will be carried out complex by complex where possible. All dwellings will be included in the new round of gas boiler servicing, however no date for completion of the service for an individual dwelling/complex can be given at this stage.

Q9. COUNCILLOR LARRY O’TOOLE To ask the Manager to make arrangements to have the litter bin removed from, (details supplied). CITY MANAGER’S REPLY: Waste Management Services will monitor the usage of this litter bin and if it is established that this litter bin is constantly being used for illegal dumping, we will arrange to have it removed. Councillors for this area will be informed of any decision to remove this bin.

Q10. COUNCILLOR LARRY O’TOOLE

To ask the Manager to have repairs carried out on the ceilings of this home, (details supplied).

CITY MANAGER’S REPLY: The Area Maintenance Officer has confirmed that the repairs to the ceiling of this dwelling will be carried out within the next two to three weeks.

Q11. COUNCILLOR LARRY O’TOOLE

To ask the Manager to trim the trees at the front of Albert College Sheltered Housing and remove the small railings around the green area where the trees are contained.

CITY MANAGER’S REPLY: The trees in question have been inspected and at present no pruning is necessary, however they will be monitored into the future.

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The Housing Maintenance Section will arrange to have this matter investigated and revert directly to Councillor O‟Toole with the outcome.

Q12. COUNCILLOR DERMOT LACEY To ask the Manager if Dublin City Council continues to use Aertel for the

dissemination of community information such as water shortages and if there is a cost for them availing of this service.

CITY MANAGER’S REPLY: Dublin City Council continues to use the Aertel service to publicise information on the services provided by the City Council. This includes information on upcoming events and initiatives. Aertel is also used to keep the general public informed when there is a disruption to services such as water supply. The annual cost of the service is €16,912.44 including VAT

Q13. COUNCILLOR LARRY O’TOOLE

To ask the Manager to have the following works carried out, (details supplied).

CITY MANAGER’S REPLY: A. Repairs to the Fire Hydrant beside, (details supplied), were carried out by the

Water Division on the 23rd April 2013. B. Road Maintenance Services has inspected this location. A repair has been

scheduled in the coming 10-12 weeks. Q14. COUNCILLOR DERMOT LACEY To ask the Manager if he will secure a response from the Planning Enforcement

Section to this issue regarding the Village Markets continuing breach of the planning laws along the Grand Canal.

CITY MANAGER’S REPLY: An Bord Pleanála has determined that the operation of a market such as that operating alongside the Grand Canal is exempt from requiring planning permission, subject to the market operating for a maximum of 30 days in any one year. The situation is being monitored by the Planning Enforcement Section to ensure compliance with this ruling.

Q15. COUNCILLOR DERMOT LACEY To ask the Manager if he will request the Planning Department to see what action

can be taken to improve and protect the historical features of the former Baggot Street Hospital.

CITY MANAGER’S REPLY: Contact will be made with the owners of the building and an inspection of the historical features will be organised. This inspection will establish the condition of the building, and if there are any endangerment issues the Conservation Section can then advise the owners on any matters that arise.

Q16. COUNCILLOR CHRISTY BURKE To ask the City Manager and Dublin Docklands Authority if both agencies could help

provide a centre in the North Dock Area to be used as, (details supplied).

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CITY MANAGER’S REPLY: The Dublin Docklands Development Authority has no premises available to house such a centre but will seek to assist Dublin City Council in its effort to provide a location for the museum.

Q17. COUNCILLOR REBECCA MOYNIHAN To ask the City Manager to confirm that Ceannt Fort is scheduled for a weekly sweep

under the litter management plan as a bag collection area. To further ask the City Manager to give me a breakdown of each occasion that the area was swept since January 2013.

CITY MANAGER’S REPLY: Under the Litter Management Plan residential areas such as Ceannt Fort are cleaned on a twelve week cycle. As part of this schedule Ceannt Fort was cleaned on the 14th December 2012 and then on the 28th March 2013. We had extra cleaning carried out in Ceannt Fort on the 29th April 2013. The next scheduled cleaning will take place here during weekending the 10th May 2013. We also remove dumped bags from this street on a weekly basis and litter pick any scattered rubbish. On street parking hinders our cleaning efforts.

Q18. COUNCILLOR REBECCA MOYNIHAN To ask the City Manager to install a bin for dog dirt in Oscar Square Park. The bags

used by dog owners are being discarded on the side of the park as there is no bin for them to deposit their waste. This need not be a large bin but a small one installed in the park.

CITY MANAGER’S REPLY: Parks Services have not got the staff resources available at the moment to maintain a dog bin at Oscar Square Park. Signs have been erected notifying pet owners of their responsibility in this regard. There are a number of litter bins in the area that park users may use to dispose of their litter. There are two on Clarence Mangan Road, outside Presentation Secondary School, plus one on Ardee Street.

Q19. COUNCILLOR REBECCA MOYNIHAN To ask the City Manager to install a filter light at, (details supplied). To further ask

that Area Councillors be invited along when TAG are testing this junction.

CITY MANAGER’S REPLY: The above request is under consideration with ITS (Intelligent Transport Systems) pending a review of the junction operation and site visit. The Councillor will be advised of the recommendation in due course.

Q20. COUNCILLOR REBECCA MOYNIHAN To ask the City Manager to inspect the road at Rutledge Terrace/O'Curry Avenue

which is very badly damaged from the high volume of traffic and buses using the route.

CITY MANAGER’S REPLY: Rutledge Terrace was reconstructed and resurfaced three years ago. Arrangements are being made to resurface O‟Donovan Road and the associated plateau and speed ramps and speed cushions that require replacement. This work will be carried out by a contractor. It is anticipated that this work will commence within the next 3 months.

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Q21. COUNCILLOR RAY MCADAM To ask the City Manager to provide an update as to when, (details supplied), will

have her approved housing extension built.

CITY MANAGER’S REPLY: This tenant applied for an extension on grounds of disability in late 2003. The application was assessed on medical grounds and awarded a moderate medical priority for this extension in February 2004. Unfortunately due to the volume of approved high priority medical cases and also due to ongoing budgetary constraints, we have, both in the past and currently, only been able to deal with those cases who merit a high priority and demonstrate an urgent medical need for an extension. If this tenant feels there is now a greater medical need for the proposed extension, they should submit updated medical information that can demonstrate this revised need and their case will be re-examined.

Q22. COUNCILLOR RAY MCADAM To ask the City Manager when the licences for each of the waste operators in the city

were approved and what is the process for renewing those licences and if past performance is considered as part of the renewal process?

CITY MANAGER’S REPLY: The Waste Management (Waste Collection) Permit Regulations 2007 (the Regulations), as amended, set out the procedures for the making of permit applications, public consultation, consideration by local authorities of submissions in relation to permit applications and the grant, refusal and review of collection permits by local authorities. Ten Nominated Authorities were established, as defined under Section 34(1) paragraph aa of the Waste Management Act 1996 for the purposes of the Collection Permit Regulations. Dublin City Council (DCC) was the Nominated Authority for the Dublin Region between 2007 and July 2012, after which Offaly County Council was designated as the Nominated Authority for the processing of all new waste collection permit applications and review applications received. The contact details for this single Nominated Authority is known as the National Waste Collection Permit Office (NWCPO) are Offaly County Council, Aras an Chontae, Charleville Road, Tullamore, Co. Offaly. Tel: 057 9357428. www.nwcpo.ie An application for a waste collection permit or review of a waste collection permit is made to the NWCPO under Regulations 5 and 24 of the Regulations respectively. The NWCPO notify DCC under Regulation 11 of the Regulations that an application has been made in respect of a waste collection activity in the Council‟s functional area. DCC may make a written submission in relation to the application. The submission can include any information in relation to a conviction or legal proceedings in relation to the applicant.

The NWCPO then decide to grant or refuse the waste collection permit application or review application. A waste collection permit is granted for a period of five years for the collection of hazardous and non hazardous, household and commercial wastes. A waste collection permit can be granted for the collection of waste in multiple regions. This is known as a multiregional waste collection permit.

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The statutory basis for refusing grant of a waste collection permit is contained in regulation 17 of S.I. No 820 of 2007 – Waste Management (Collection Permit) Regulations 2007 as amended, which provides as follows:

Regulation 17 from SI 820/2007 – Determination and notice of decision or

refusal in relation to a waste collection permit

17 (3) A nominated authority shall not grant a waste collection permit unless it is satisfied that— (a) the activity concerned, carried on in accordance with such conditions as are

attached to the waste collection permit, will not cause environmental pollution, (b) any emissions from the activity concerned will not result in the contravention of

any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any enactment, and

(c) the applicant is a fit and proper person.

The definition of a ‘fit and proper person’ as defined under Regulation 4 (2) of the Regulations is as follows: ‘Fit and proper person’ applies to a person if – (a) neither that person nor any other relevant person has been convicted of an

offence under the Act, the Environmental Protection Agency Acts 1992-2003, The Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987,

(b) in the reasonable opinion of the nominated authority, that person, or, as appropriate, any person or persons employed by him or her to direct or control the carrying on for the activity to which the waste collection permit relates or, as the case may be, will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the waste collection permit and the other requirements of the Act

(c) in the reasonable opinion of the nominated authority, that person is likely to be in a position to meet any financial commitments or liabilities that will be entered into or incurred by him or her in carrying on the activity to which the waste collection permit relates in accordance with the terms thereof or in consequence of ceasing to carry on that activity

Q23. COUNCILLOR VINCENT JACKSON Can the Manager please explain what citizens will actually get from the new Local

Property Tax. It appears that the money we previously got from the Department of the Environment & Local Government is now gone and will be replaced with this new tax, why can`t we offer services in lieu of this charge like Britain/Northern Ireland where Water, Waste Collection, Education all form part of the charge. It looks as though we are now collecting a new charge for no additional services. Issues like call out`s for sewerage blockage, fire brigade call out are standard in other jurisdictions and are charged for here.

CITY MANAGER’S REPLY: Dublin City Council will provide in 2013, a programme of services to the value of €811.6m. These services range from Housing related, to water and drainage provision, to roads related, to cultural, recreational and amenity related.

Dublin City Council is funded from many sources such as Commercial Rates, charges for specific goods and services (examples being housing rents, parking meter charges, planning application fees), specific government grants (examples being a government grant towards the food costs of providing school meals, a government grant towards the provision of housing adaptations, a government grant

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towards general roads maintenance) and an allocation termed the General Purpose Grant (GPG) made from the Local Government Fund (LGF).

The Local Government Fund (LGF) in turn will be funded in 2013 by the Local Property Tax. Previously, the LGF was funded by Motor Tax receipts and monies collected by the Household Charge. It may be that some monies from Motor Tax receipts will be allocated to the LGF in 2013 however Dublin City Council are awaiting confirmation on this. The GPG allocation, now funded from the Local Property Tax, is a necessary funding stream for Dublin City Council, in 2013 confirmed at €52.6m. The determination of this value (i.e. €52.6m) is made by the Minister for the Environment, along with the determination of GPG allocations to all local authorities, from the funds available in the LGF. This funding contributes to the provision of all services, cross city such as traffic management, local such as grass cutting and parks maintenance, strategic such as economic development, operational such as the supply of potable water. Residents may benefit directly from some services and indirectly from others.

Services are provided in line with available resources on a priority basis. In the current economic circumstances, available resources have contracted sharply. Staff numbers have reduced in Dublin City Council between the end of 2008 and end of 2012 by 1158.8 staff or 16.7% of total staff. Also 2013 represents the fifth consecutive year of reduced resources, which Dublin City Council have managed through a process of change management and financial controls. Service provision has largely remained unaltered over this period, a reflection on the cooperation and flexibility of all involved.

Q24. COUNCILLOR VINCENT JACKSON I had a motion down to the City Council last year in relation to the huge fraud in the collection of used clothes etc. all over the country and the serious loss of

revenue to proper registered charities. Can the Manager please explain what we propose to do to stop the practice where criminals are growing wealthy on the backs of others. The attitude to date of doing nothing is creating a new culture of fraud the recent RTE programme aired on the 25th of April showed at first hand the extent of the problem and I would like a full investigation on our practice of tendering out of collection bins for clothing without due consideration of proper charities which provide opportunities for those on the margins of society.

CITY MANAGER’S REPLY: A Tender for the Collection and Processing of textiles from a total of 46 Bring Centres across the City was advertised in the Official Journal of the European Union on the 14th October 2011. Textile Recycling Limited were awarded the contract for a period of 24 months, commencing January 2012. This contract will then be subject to review with the option to extend for a further 12 months subject to satisfactory performance. Any income derived by Dublin City Council from textile banks placed in public areas across the City assists in the provision of extensive recycling facilities across the city. Procurement procedures for this contact have been complied with in full. The issue of any illegal activity raised in this question is a matter for an Garda Siochana.

Q25. COUNCILLOR VINCENT JACKSON To ask the City Manager that Dublin City Council give full consideration for the

provision of a School Warden Service at the junction of South Circular Road, John‟s Road/Con Colbert Road to aid the safe passage of children attending the Gael Scoil at this location next to St John of Gods. I have seen small children risking life and limb trying to cross this motorway trying to get to school. I remember a few years ago a proposal to construct a footbridge is this a possibility?

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CITY MANAGER’S REPLY: The request for a School Warden at the junction of South Circular Road/St. John‟s Road West/Con Colbert Road has been referred to the Traffic Advisory Group for examination and report. The Councillor will be informed of the recommendation in due course. In relation to a footbridge, there are no proposals nor funding for the construction of a footbridge at this location at this time.

Q26. COUNCILLOR VINCENT JACKSON To ask the City Manager that consideration be given on humanitarian grounds,

(details supplied).

CITY MANAGER’S REPLY: The Manager of our Heating Section has confirmed that a new gas central

heating system will be installed in this dwelling within the next four to six weeks. Q27. COUNCILLOR ANTHONY CONNAGHAN To ask the City Manager to provide a comprehensive report into Dublin City Councils

involvement in the Clamping Business. Can the Manager include the total cost of wages for the people involved to include pay and pensions. Can the Manager also include the total cost of sick pay paid to individuals in the Clamping Section and comment on how much of this is due to incidents invloved whilst the clampers are on Clamping Duty. Can the Manager include total Income and Expenditure and comment on whether he thinks the practice is a worthwhile venture for Dublin City Council bearing in mind that it was initially brought in to keep traffic flowing in Dublin City rather than to be included as a revenue stream.

CITY MANAGER’S REPLY: The cost of the parking enforcement contract for 2013 is estimated at €6m with an estimated income of €4.5m. Dublin City Council staff are not engaged directly in clamping activity. Clamping is carried out under contract by Dublin Street Parking Services and therefore the terms and conditions of employment of their staff is a matter for that company. The approach to enforcement in Dublin City is to prioritise traffic flow and keeping clearways and bus lanes free of obstruction. In addition we implement enforcement of dangerous parking, other obstructions to traffic and motorists and finally enforcement of Pay & Display parking. The enforcement policy of the City Council in relation to illegal parking does by its very nature generate a positive impact on the income stream from Pay and Display Parking. The enforcement activity in itself does not generate an income and as is evidenced by the figure above costs the City Council a net amount of approximately €1.5 million. Organisations such as the Dublin City Business Association, the Automobile Association and indeed individual motorists are generally supportive of the clamping policy employed by Dublin City Council. As a result of enforcement activity there are parking spaces available around the city and the problems associated with illegal parking are, for the most part, eliminated.

Q28. COUNCILLOR ANTHONY CONNAGHAN

To ask the City Manager to replace the bollards that have been removed from Ard Na Meala adjacent to Balcurris Park. Can the City Manager outline what are the plans

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for the green space at Balcurris Park which is currently being used as a dumping ground.

CITY MANAGER’S REPLY: The following reply has been received from Ballymun Regeneration Ltd:- Tenders have been received for the completion of Balcurris Park and the reinstatement of the green space to the north of the park where flat blocks were demolished. Work is scheduled to commence toward the end of May, when the contractor will take charge of the site and hoard off, subject to the approval of the Department of the Environment Community & Local Government. This work is scheduled for completion in November. A quotation for the replacement of the bollards with be sought. Works will be

completed subject to finance being available. Q29. COUNCILLOR ANTHONY CONNAGHAN To ask the City Manager to arrange for the following repairs at, (details supplied):

(a) Hall door badly damaged needs replacing (b) Severe mildew-dampness in back bedroom on ceiling. Can this be seen to a.s.a.p. (c) Several places in hall need plastering (d) Lights in front room not working CITY MANAGER’S REPLY: Repair requests a), c) have been logged onto our Anite Repairs System. However, as the tenant has rent arrears, works will not commence until the rent account is in order. Repair request d) has also been logged on our Anite Repairs system and will be dealt with by our Electrical Services Section. In relation to item b) it is not the City Council‟s policy to intervene in cases of condensation. The Tenant‟s handbook stipulates that damage to a property as a result of condensation (such as mould growth) is solely the responsibility of the tenant. Once the tenants rent account is in order we will arrange a call-out by an inspector or Foremen to investigate and offer appropriate advice.

Q30. COUNCILLOR ANTHONY CONNAGHAN To ask the City Manager to arrange for the following repairs at, (details supplied):

(a) Leak in bathroom (b) Bathroom ceiling in a poor state of disrepair (c) No air vents (d) Windows in Kitchen letting in water (e) green mould in toilet (f) front wooden fascade needs replacing (g) House needs insulating

CITY MANAGER’S REPLY: The Foreman in Charge for this depot reports the following: (a) The wash hand basin will be taken down and refitted within the next few

days.

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(b) The window of the bathroom is not opened therefore a build-up of condensation resulting in mould is caused. The responsibility for dealing with this lies with the tenant. Advice has been given. (c) The tenant refused the option of installing vents in the bathroom. (d) Arrangements are being made for a carpenter to re-seal the window in the

kitchen within the next week. (e) The responsibility for removing the mould in the toilet lies with the tenant. (f) The front facade is not rotting therefore it is not in need of replacement. (g) There is currently no programme of insulation in operation therefore this

work will not be carried out. Q31. COUNCILLOR NIAL RING To ask the City Manager to detail what sanctions are available to Dublin City Council

against Greyhound if the latter company fails to collect domestic refuse on the allotted day. I ask this question on the basis that many streets and indeed whole areas continue to experience non-collection by Greyhound on the specified day with the result that bags/bins are then left on the streets for up to a week. This is effectively "illegal dumping" and the customer cannot be held liable for this situation - but someone should and that someone should be Greyhound. The sanctions I require details of maybe per the unseen contract with Greyhound or other remedies available to the City Council under bye-laws or primary legislation.

CITY MANAGER’S REPLY: At the moment, there is no obligation in law for any waste operator to collect waste on any specific day other than the arrangement in place between the operator and the customer. Under the draft Bye Laws for Storage, Presentation and Collection of Household and Commercial Waste 2013, for consideration by Council at the May 2013 meeting, this situation will change and, in future, there will be a designated day for collections in each specific area of the City. However, in the event of non collection by a waste collector, it is a matter for the holder of the waste to ensure that all uncollected waste is removed from a public place and appropriately stored. This is on the basis of legislation as set out in the Waste Management Act, 1996 which provides that waste is the responsibility of the holder. Holder is defined in the Act as “the owner, person in charge, or any other person having, for the time being, possession or control, of the waste.”

Q32. COUNCILLOR NIAL RING Given the lack of acknowledgement of the 1913 lockout in the Dublin St. Patrick's

Day parade this year and the important City, national and internationally significant events coming up in the next few years, (none more important or significant than the centenary of the 1916 Rising),to ask the City Manager to detail how Dublin City Council (as a major funder of the festival), through consultation with City Councillors, can influence, guide and/or direct the St. Patrick's Festival organisation in its selection of a theme for the annual Dublin Parade given the importance of the selection of a theme which reflects, not only the artistic vision of the festival committee, but the wishes of the citizens of Dublin as articulated by their public representatives.

CITY MANAGER’S REPLY: A presentation was made by the CEO and the Director of Marketing and Development for the St. Patrick‟s Festival at a meeting of the Arts, Culture, Leisure and Youth Affairs SPC on Thursday the 11th of April 2013. The presentation gave a comprehensive overview around the issue of the St. Patrick‟s Festival and the 1913 Lockout and outlined the main themes and background of the festival. The success of this year‟s Festival has been acknowledged and well documented. It is my

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understanding that representatives of the Festival also indicated at this meeting that they would be engaging with the Commemorations Committee and other stakeholders in the future with regard to the various commemorations including the Centenary of the 1916 Rising in due course. A further meeting with the Commemorations Committee will take place around October - November 2013 with a view to keeping the committee appraised of plans for future events in the 2014 - 2016 period.

Q33. COUNCILLOR NIAL RING To ask the City Manager to clarify the following in relation to home insurance for City Council properties and flats in particular:

a. Does Dublin City Council insure flats for fire damage caused by acts of vandalism? b. If fire or other damage is caused to a DCC flat as a result of an act of vandalism is Dublin City Council liable for the damage caused to the flat or is DCC covered by insurance for this damage to its property? c. Can tenants insure their own flats for fire and/or theft? d. How are claims by tenants treated by DCC? e. Does DCC make offers to tenants as goodwill gestures where flats are damaged?

CITY MANAGER’S REPLY:

a. Dublin City Council insures its housing stock for fire damage regardless of the cause. b. While as stated above, Dublin City Council has its housing stock insured, the excess

on this insurance policy for housing stock is €500,000. As a result, when vandalism occurs the City Council normally repairs the flat at its own expense. Dublin City Council insures the structure of the building. It does not insure the contents or the tenant‟s property.

c. The tenant can insure their own personal property and contents, if they so wish. DCC can only insure what it has a responsibility/control over. The DCC Tenant‟s Handbook states ”Dublin City Council carries structural insurance for your home. However, you should insure your personal belongings and the contents of your home.”

d. Claims by tenants are considered in the normal way. If Dublin City Council is liable, then an appropriate payment is made.

e. If Dublin City Council is liable, then compensation is paid. If Dublin City Council is not liable, then no payment is made.

Q34. COUNCILLOR NIAL RING To ask the City Manager for an update on progress on each of the ten public realm

strategy projects detailed in the draft Your City Your Space, Public Realm Strategy.

CITY MANAGER’S REPLY: The Your City, Your Space; Dublin City Public Realm Strategy was adopted by City Council in September 2012. The plan identified a two year work plan through the 12 Projects named and 15 more long term actions which will require projects, initiatives, pilots, and temporary interventions in order to inform policy and works in the future. The projects named have a direct impact on the Public Realm or were partnerships with outside bodies and of such significance that their management and connection to the city will shape the future of the city e.g. Grangegorman, Dublin Liffey Corridor Project etc. An Annual report on progress will issue to City Council each September and a number of the projects also report to the relevant Strategic Policy Committees on a regular basis. Attached for you information is an outline of each project, its objective and current status.

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Q35. COUNCILLOR BRIAN MCDOWELL To ask the Manager to arrange for the following work to be carried out in, (details

supplied)

CITY MANAGER’S REPLY: Waste Management Services cleaned the pathway at, (details supplied), on the 1st May 2013. Repairs have been completed at 2,4,6,8, (details supplied). Repairs have been scheduled in the coming 10-12 weeks at 15, (details supplied), Avenue, 15, (details supplied), Park. The small open space here is damaged by large trucks crossing the corners and it is considered that repairs would not establish while this vehicle abuse continues. We are not aware of the specific vehicles giving rise to the problem and should any information be available we will contact those involved to try and stop this abuse. In this event, consideration will be given to carrying out the requested grass reinstatement. The request for the extension of the pathway at the above location has been referred to the Roads & Traffic Department for investigation. The Councillor will be advised of the recommendation in due course. The trees referred to have been inspected and are not considered to require general pruning operations at this time.

Q36. COUNCILLOR BRIAN MCDOWELL To ask the Manager to arrange for traffic lights to be installed on Millbrook Road at

the junction with Millbrook Avenue.

CITY MANAGER’S REPLY: The request will be examined by the Traffic Advisory Group. The Councillor will be advised of the recommendation in due course.

Q37. COUNCILLOR BRIAN MCDOWELL To ask the Manager if he can provide me with the details of who owns the ground

rent titles and who collects the ground rent in Ard Na Greine Estate.

CITY MANAGER’S REPLY: According to our records, Dublin City Council is not the owner of the ground rent i.e. the Freehold in the Ard na Greine Estate. This includes addresses: Clonrosse Court, Clonrosse Drive, Clonrosse Park, Elton Court, Elton Drive, Elton Park, Elton Walk, Glenworth Park, Slademore Ave, Slademore Close, Slademore Court, Slademore Drive. The Freehold (except where already sold) is registered in the Land Registry on Folio No. 19571 to: Ellard Lipson c/o Linda Scales Solicitor, 59 Park Avenue, Dublin.4.

Q38. COUNCILLOR BRIAN MCDOWELL To ask the Manager if the planning permission previously granted at number 1 Elton

Park is still current as the owner is selling the property with planning permission.

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CITY MANAGER’S REPLY: The permission, if not implemented to date, expires on 23rd of July of this year. If the permission has commenced then the permission does not expire.

Q39. COUNCILLOR SHEILA HOWES To ask the City Manager to have the ground beside the footpath opposite the (i)

(details supplied), resurfaced as people find it very difficult to walk on the rough surface, and it is not very pleasant sight for visitors to the area. Also to pay special attention to the surrounding area in light of the (ii) (details supplied).

CITY MANAGER’S REPLY: The Councillor will be contacted within 1 week to arrange an onsite meeting to properly determine the exact location the Councillor is referring to. In the meantime the Road Maintenance Section will drive the area to fill any evident pot holes.

Q40. COUNCILLOR SHEILA HOWES To ask the City Manager to provide, (details supplied).

CITY MANAGER’S REPLY: A tree guard will be erected at this location within the next 2 weeks.

Q41. COUNCILLOR SHEILA HOWES To ask the City Manager to provide, (details supplied).

CITY MANAGER’S REPLY: A tree guard will be erected at this location within the next 2 weeks.

Q42. COUNCILLOR SHEILA HOWES To ask the City Manager to repair, (details supplied).

CITY MANAGER’S REPLY: Park Services will notify the Paving Section to make repairs at this location.

Q43. COUNCILLOR DECLAN FLANAGAN To ask the Manager to respond to the following, (details supplied).

CITY MANAGER’S REPLY: If the members of the Group wish to contact Mr. Richard Cleary at 2228866

with proposed locations he would be glad to discuss this matter with them. Dublin City Council does not have the resources to provide „Welcome‟ signs.

Q44. COUNCILLOR DECLAN FLANAGAN To ask the Manager to respond to the following, (details supplied).

CITY MANAGER’S REPLY: A reply has been issued to the Councillor. Q45. COUNCILLOR DECLAN FLANAGAN To ask the Manager to respond to the following, (details supplied).

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CITY MANAGER’S REPLY: The Traffic Advisory Group at its meeting of 20th December, 2012, reported that it is illegal under Road Traffic Regulations to park in any place, position or manner that will result in the vehicle obstructing an entrance/exit for vehicles to or from a premises, unless with the occupier‟s consent.

The Traffic Advisory Group, therefore, did not recommend additional double yellow lines at this location as it is not the policy of Dublin City Council to introduce parking restrictions where restrictions are already covered under existing legislation.

Instances of illegal parking should be reported to Dublin Street Parking Services, the City Council‟s parking enforcement contractor at 01-6022500, or to the local Gardaí, as it is a matter for enforcement.

Q46. COUNCILLOR DECLAN FLANAGAN To ask the Manager to respond to the following, (details supplied).

CITY MANAGER’S REPLY: The Traffic Advisory Group at its meeting of 20th December, 2012 recommended a speed ramp on, (details supplied), as follows: East of lamp standard No. 10, adjacent to the road gully - The ramp is included on the 2013 Works Programme.

Q47. COUNCILLOR RUAIRÍ MCGINLEY To ask the Manager to advise income levels from dog licences for the years 2010,

2011, 2012 and 2013 ytd. The Manager in his response might indicate steps being taken to ensure that dog owners pay this fee.

CITY MANAGER’S REPLY: Income accruing to the City Council from the sale of dog licences for the years 2010, 2011, 2012 and 2013 year to date is as follows:

2010 - € 94,227.65 2011 - €120,353.46 2012 - €184,275.09 2013 end of March € 27,949.50 Dublin City Council has employed additional part-time dog wardens to conduct targeted door-to-door dog licence inspections since summer 2009. Door to door inspections are conducted during the summer months, Monday to Friday between the hours of 5pm and 8pm to coincide with times when residents are traditionally at home. This practice has resulted in an increase in the number of dog licences purchased annually from 7,685 in 2008 to the current level of approximately 10,000.

Q48. COUNCILLOR SEAMAS MCGRATTAN To ask the City Manager, (details supplied).

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

Q49. COUNCILLOR SEAMAS MCGRATTAN To ask the City Manager for a breakdown of, (details supplied).

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

Q50. COUNCILLOR SEAMAS MCGRATTAN To ask the City Manager for a breakdown of, (details supplied). CITY MANAGER’S REPLY: A reply has been issued to the Councillor.

Q51. COUNCILLOR SEAMAS MCGRATTAN To ask the City Manager how much money has been spent to date this year on,

(details supplied).

CITY MANAGER’S REPLY: Payments of €2,467,691 have already been made to date in 2013 under the three housing grant schemes. The remainder left to be spent is €2,582,692.

Q52. COUNCILLOR PADDY MCCARTAN To ask the Manager to clarify the amount outstanding in development levies owed to

Dublin City Council, as recent figures indicate it to be 106 million euro by end of 2013. To break the figures down into (a) what is recorded as outstanding and (b) what is actually due?

CITY MANAGER’S REPLY: The outstanding balance on Development Contributions @ 31st March 2013 is analysed as follows: Current debt €36,396,267.79 Phased debt €85,985,923.33

The balance of €36,396,267.79 is the balance due for development that has been constructed and is complete.

€85,985,923.33 is the balance due arising from development which has commenced as per above, but which has yet to be completed or where development has ceased.

Q53. COUNCILLOR PADDY MCCARTAN To ask the Manager how much was paid in development levies, (a) in relation to

Jurys Ballsbridge Development and how much is outstanding, (b) How much was paid in levies in relation to Veterinary College, Ballsbridge and how much is outstanding?

CITY MANAGER’S REPLY: (a) Planning Permission was granted by ABP reference PL29S.237454, register

reference 4015/09, dated 15 September 2011to redevelop the hotel and to incorporate a mixed residential and commercial element. Development works have not started to date on foot of this permission. Therefore there are no outstanding development contributions at this time.

(b) Planning Permission was granted by ABP reference PL29S.228224, register

reference 4798/07, dated 14 July 2009 for a mixed residential and commercial development. Development works have not started to date on foot of this permission. Therefore there are no outstanding development contributions at this time.

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A temporary planning permission was granted in May 2011 to use these lands as a car park. This permission lapsed on 1 April 2013. The temporary permission did not require the payment of a contribution. Enforcement action has been initiated for the ongoing use of the car park following the lapse of permission.

Q54. COUNCILLOR PADDY MCCARTAN To ask the Manager to respond to serious issues raised by An Taisce in their

document "Planning in Dublin City 2005--2011 A Close Look at Large Scale Planning Applications", (a) with particular reference to respecting the Development Plan (b) the observation of ministerial guidelines and (c) compliance in relation to keeping records of pre planning meetings and (d) the imposition of losses to the taxpayer of almost 40 million euro on matters outlined in An Taisce review.

CITY MANAGER’S REPLY: The issues raised by An Taisce were the subject of an investigation by the Department of the Environment who concluded that Dublin City Council had no case to answer. This investigation and its findings was subsequently the subject of a review by an independent reviewer and again concluded that Dublin City Council had no case to answer. (a) The planning department strives to ensure that the proper planning and

sustainable development of the city is considered in its decision making and that all of the objectives of the City Development Plan are taken into account. The current City Development Plan 2011-2017 which has come into effect since the above mentioned report from An Taisce has, in our view, clarified the contentious issue of height policy for the City.

(b) All decisions made by the planning department have full regard to the Development Plan and the current National and Regional Statutory Policies and Guidelines, where relevant.

(c) A new pre-application procedure has been put in place for the maintenance of all pre-application consultation records.

(d) With regard to the decision on the National Children‟s Hospital, it is important to point out that the City Council was not the decision-maker in this case. The report prepared by the City Council and the comments of the Members appended thereto, reflect the views of the City Council for the purposes of assisting the Board‟s assessment. The report submitted by the City Council contained significant comment on the relevant issues. In short, while we had reservations and considered that the proposal did not meet all the policies and objectives of the Development Plan and the Local Area Plan, on balance the City Council felt the national imperative should take precedence. Differing views can be held by different parties in the assessment of a proposal but all views are developed in the interests of proper planning and sustainable development of this City.

Q55. COUNCILLOR CRÍONA NÍ DHÁLAIGH To ask the Manager to report to this Council on the serious situation with regard to

the sustainability of the Rental Accommodation Scheme in Dublin City Council? Could he please confirm: a. How many RAS tenants do DCC have and how many are on the waiting list for

the RAS

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b. Of those on RAS how many are now waiting for transfer to alternative RAS accommodation due to land lord withdrawing from the contract before lease expires

c. How many land lords are registered with RAS in DCC, How many of these land lords have withdrawn from RAS due to repossession

d. Is the future of the RAS in jeopardy e. Does the operation of the RAS cost Dublin City Council over a €1m and if not

could he please confirm what the cost is to the council for operating the RAS. How can we state that RAS provides secure accommodation when we now are faced with RAS tenants being made homeless.

CITY MANAGER’S REPLY: a. There are currently 1,502 RAS tenancies and 2,351 RAS applicants on the RAS

waiting list. b. 51 RAS landlords have notified DCC of their intention to terminate their RAS

contract. c. There are 1,183 landlords in RAS contracts with DCC. The landlords have

informed DCC that they are selling their properties for financial reasons and withdrawing from RAS in 19 of these cases.

d. Currently the supply of properties suitable for RAS is limited and this is impacting

on DCC‟s ability to deliver properties under the Scheme. e. The operation of the RAS Scheme is cost neutral to DCC. Monies recouped from

the DECLG combined with the rent received from the RAS tenants covers the full cost of operation of the RAS Scheme.

Q56. COUNCILLOR CRÍONA NÍ DHÁLAIGH To ask the Manager to make available to this Councillor the 20 letters from DTTAS

detailing why grants from the Sports Capital Grant were refused, does the City Council intend to register the titles of properties, including Brickfield Park, with the Property Registration Authority, what progress to date the City Council has made on this issue and what contact the City Council has had with the Chief State Solicitor on this matter? CITY MANAGER’S REPLY: The letters of refusal from the DTTAS will be made available to Councillor Ní Dhálaigh as requested. A formal request was made by Culture Recreation & Amenity Department to the Law Department to start the registration process for all unregistered City Council title in 2012. All properties deemed unsuccessful in the last round of Sports Capital Grants due to unregistered title, including Brickfields Park, were listed and a request made to register them with the Property Registration Authority. This process has commenced in the first instance with Herbert Park, Bushy Park and St. Anne‟s Park and will continue for all unregistered City Council Parks and properties. The City Council‟s Law Department has met with representatives of the Chief State Solicitor‟s Office to make the case that the Council‟s titles are capable of supporting a charge. The Chief State Solicitors Office has confirmed that the Department of Transport, Tourism and Sport is fully aware that the Council‟s titles are capable of supporting a charge (i.e. registered or unregistered title) and, accordingly, are suitable for lottery grants. The Chief State Solicitors Office has indicated that they will

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meet with Department of Transport Tourism and Sport officials to point out the Council‟s concerns in relation to this issue.

Q57. COUNCILLOR CRÍONA NÍ DHÁLAIGH To ask the Manager with regard to, (details supplied).

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

Q58. COUNCILLOR CRÍONA NÍ DHÁLAIGH To ask the Manger to confirm that cleaning their damp, fungus walls with Milton or

bleach as recommended to them by DCC officials is actually safe. A tenant recently told me that her doctor told her that cleaning her child's bedroom walls with Milton was actually dangerous for her child who suffered with asthma. I would appreciate if this matter can be investigated in case it poses a serious health risk to our tenants.

CITY MANAGER’S REPLY: The City Council‟s primary advice with regards to water vapour / condensation / mould is as follows: Condensation is excess water vapour in the air turning back to liquid water on a cold surface. Water vapour is created by generating steam (cooking, baths, showers, drying clothes, etc) it is even exhaled by residents, for example the breath of four people will produce 2.5 litres (5 pints) of water a day. The generation of water vapour which leads to condensation (and in some cases mould growth) is not due to the way the building is constructed but to the way the building is used. While the minute water droplets on a wall might not be visible the mould growth which thrives on wet surfaces will. The mould will take the form of unsightly black patches and will grow as long as the wall is moist. The best way to get rid of water vapour / condensation / mould growth is to:

attack the source

Turn on extractor fan when cooking.

Keep the kitchen door closed.

Open windows after a shower or a bath.

Don‟t block the ventilators

Ventilate the flat by opening windows for a short period in the morning especially on dry windy days.

Spray the affected areas with a propriety mould remover or fungicide (available in most stores) or a diluted bleach product.

The Environmental Research Unit also advocates the use of a 1 to 4 bleach to water solution: “The mould growth spots should be washed off and the affected area sterilised. A suitable steriliser can be made by mixing 1 part bleach with 4 parts of water” Various products, usually containing bleach, are recommended as suitable for treating the presence of domestic fungal growth. Milton produce a number of products which may be used as suggested. They include Sterilising Fluid, Antibacterial Surface Spray and Antibacterial Surface Wipes. There are also other products on the market which are similarly suitable for domestic use. The Safety Data Sheets for the Milton products do not indicate that they are unsuitable for use in the vicinity of persons suffering from asthma or any other medical condition, although adequate ventilation is recommended. Notwithstanding, it is essential that the manufacturer‟s instructions on the use of household products, such as domestic strength bleach or Milton Sterilising products,

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be followed to the letter. These instructions are usually found on the label and should be read carefully. More importantly, it is always advisable for patients to follow the advice of their medical professionals.

Q59. COUNCILLOR DEIRDRE HENEY Can the manager please give an up-date on planning bond, (details supplied) (a),

and say how matters worked out, if part or all of same was paid out to residents management company for their snag list as original developer at, (details supplied) (b), has gone into liquidation and if statement can be made on the matter.

CITY MANAGER’S REPLY: It is the Council‟s practice to seek a bond from developers to ensure that those areas of a development that may be taken in charge can be completed, where and when necessary, to the Council‟s standard for taking in charge. The Council cannot require a bond to cover snags in the private areas of the development (such as individual apartments/houses). Rectification of these works is a civil matter between the purchaser and the developer.

All bonds remain the property of the builder/person who lodged it and it must be returned upon satisfactory completion of the public areas that may be taken in charge. There is no provision in planning legislation to make a bond over to a third party to carry out works. Nor can a bond lodged by one company be used to address issues left outstanding by the demise of another company.

Q60. COUNCILLOR DEIRDRE HENEY Can the Manager please refer to previous requests from residents at location,

(details supplied), seeking measures to prevent traffic/parking causing serious problems on occasions, and say if the matters were further considered and if an up-date can now be given and any recommendations to solve their problems be outlined CITY MANAGER’S REPLY: Following a review of the request for parking restrictions, the Traffic Advisory Group at its meeting of 21st March, 2013, recommended that the existing double yellow lines on the eastern side of the carriageway be extended for 45 metres northwards to improve access during major school events.

The markings will be referred for installation in due course following completion of the necessary statutory consultation process with the Gardaí.

Q61. COUNCILLOR DEIRDRE HENEY Can the Manager please refer to previous application from residents to extinguish

right of way in order to erect gates in laneway, (details supplied), and if he will give an up-date on situation, say if request approved or how matter now stands.

CITY MANAGER’S REPLY: Dublin City Council at the monthly meeting held on 3rd December 2012, having considered the report of the Executive Manager, adopted the resolution to extinguish the public right of way over laneway between, (details supplied)*, in accordance with Section 73 of the Roads Act 1993. (Details supplied), was inspected on the 26th April and no gates had been erected.

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Q62. COUNCILLOR DEIRDRE HENEY Can the Manager give a report on the measures planned to prevent future flooding of

location, (details supplied), and up-date me on progress to date and future time-table in that regard.

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

Q63. COUNCILLOR GERRY BREEN Can the Manager please examine this stretch of road regarding the need for traffic

calming and pedestrian safety, (details supplied). CITY MANAGER’S REPLY: A reply has been issued to the Councillor.

Q64. COUNCILLOR MANNIX FLYNN Can the City Manager ascertain where all of the property belonging to former patients

at the Grangegorman St. Brendan‟s hospital have been stored. These items form part of the very important social history of this immense hospital and as such they need to be treated with due respect and consideration. The history of this particular institution and similar institutions throughout the island of Ireland has yet to be examined in full. There is ample evidence that similar practices that took place in the residential institutions of Ireland as investigated by the Ryan commission occurred in these mental hospitals/institutions. It is essential that the possessions of those former inmates be stored in safe and secure accommodation so that they can be archived for future generations.

CITY MANAGER’S REPLY: A letter has been forwarded to the Grangegorman Development Agency and a reply will issue to the Councillor in due course.

Q65. COUNCILLOR MANNIX FLYNN Can the City Manager issue a statement as to when he intends to begin the process

of winding down Temple Bar Cultural Trust and its operations. This report to include a date and time-frame for the start and completion of the orderly wind-down. Temple Bar Cultural Trust continues to create public scandal and many are concerned about the recent findings of the audit report. In order to give confidence and to stop the further erosion of confidence in the area the process of wind-down should be expedited. CITY MANAGER’S REPLY: The Manager as Shareholder of TBCT has recently appointed new Board Members to assist the Board in the process of wind down. The Chair of TBCT has reported to the Shareholder that it is hoped that the legal manner of wind down will be decided by the end of June and the process completed by year‟s end. This timetable assumes no unforeseen obstacles at this time

Q66. COUNCILLOR MANNIX FLYNN Can the City Manager issue a report regarding Dublin City Council‟s intentions to

remain as a provider of social housing. Given the constraints and the cut in funding and spending it would appear that Dublin City Council are no longer in a position to build the much needed social housing infrastructure and with the continuing growth in the voluntary housing sector and approved housing associations and the opportunities given to those organizations i.e. bank loans in order to build, Dublin City Council need to make a full public statement on this matter going forward.

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CITY MANAGER’S REPLY: The current budgetary and financial constraints are impacting on capital programmes across the public sector including the Department of the Environment, Community and Local Government. The Department have therefore stated that no new proposals for social housing schemes will be considered for funding approval at this time. However, the government in the Housing Policy statement of 16th June 2011, have stated that Approved Housing Bodies (AHB) will be at the heart of housing provision through the use of loan finance (from both commercial institute and the Housing Finance Agency). The role of AHBs in social housing provision and management in Dublin city will be discussed at a forthcoming meeting of the Housing strategic policy Committee

Q67. COUNCILLOR MANNIX FLYNN Can the Manager issue a report regarding the amount of travel undertaken by staff,

director and board members at the Hugh Lane Municipal gallery. This to include all travel paid for by Dublin City Council including conference attendance abroad and within Ireland within the last 2 years.

CITY MANAGER’S REPLY: In the past two years, staff from the Hugh Lane Gallery have travelled abroad on 16 occasions and within Ireland on 5 occasions at a cost of €19,814.05. The board members did not undertake any travel on behalf of the gallery. The travel related to the permanent collection, accompanying loaned artworks, invitations to participate at seminars and conferences on the gallery collection and collaborations with galleries, museums and private lenders on the planning of future exhibitions.

Q68. COUNCILLOR JIM O’CALLAGHAN To ask the City Manager whether potholes on Gilford Avenue, Sandymount can be

filled in.

CITY MANAGER’S REPLY: The potholes on Gilford Avenue will be made safe at our earliest convenience and permanently repaired within 8 weeks.

Q69. COUNCILLOR JIM O’CALLAGHAN To ask the City Manager whether the odours being omitted from the Ringsend

Wastewater Treatment Plant can be investigated and to confirm that continuous on-site odour monitoring is in place.

CITY MANAGER’S REPLY: Dublin City Council, together with Celtic Anglian Water, the Operator of Ringsend Wastewater Treatment Works continuously monitors odour emissions from the works. The Operator employs a full time odour technologist to oversee all biological and chemical processes involved in odour treatment on site. He also maintains odour monitoring equipment on a continuous basis and reports any failures of this equipment to Dublin City Council who in turn place this information on www.dublincity.ie/odour.

In addition to this a 24 hour odour hot-line for public complaints is in place. The number is 1800 242739 and has been widely circulated in the Sandymount area. Every complaint received on this phone line or through other channels is officially logged, investigated and responded to.

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Over the past number of years there has been a significant upgrade to the odour treatment technology at Ringsend Wastewater Treatment Works. After completion of this upgrade in 2008 there was a substantial and sustained drop off in the frequency and geographical distribution of received complaints. Details of all odour complaints attributed to the Ringsend Wastewater Treatment Works can be found at www.dublincity.ie/odour. The planned extension to the Works will also include odour abatement works for the Plant.

Q70. COUNCILLOR JIM O’CALLAGHAN To ask the City Manager whether traffic calming measures can be introduced in

Sandymount Village to deter vehicles from speeding.

CITY MANAGER’S REPLY: The above matter has been referred to the Traffic Advisory Group for investigation. The Councillor will be advised of the recommendation in due course.

Q71. COUNCILLOR JIM O’CALLAGHAN To ask the City Manager whether the lamp posts on Morehampton Road in

Donnybrook and on Merrion Road coming from St. Vincent‟s Hospital into town can be painted as they are in a bad state of repair.

CITY MANAGER’S REPLY: Due to the high volume of traffic on these roads, the times at which pole painting can be carried out is severely restricted. As a result, painting of the poles during these restricted periods would increase the cost significantly. Given the limited painting budget available, only a small number of poles could be considered for inclusion in our painting programme each year. We will endeavour to paint these poles on a phased basis unless separate funding is made available.

Q72. COUNCILLOR DAMIAN O’FARRELL To ask the City Manager for a report on the following please, (details supplied).

CITY MANAGER’S REPLY: The ESB meters in this complex are housed in a locked meter room under each

block. A key was issued to the ESB, one is held by our Electrical Services Section, and one in the local area maintenance depot. The ESB should have no difficulty gaining correct readings. However if there is a difficulty gaining access due to a mislaid key, contact can be made with the Area Maintenance Officer on 2227814, who will arrange access or issue a replacement key for access. Q73. COUNCILLOR DAMIAN O’FARRELL To ask the City Manager to instigate the following please, (details supplied).

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

Q74. COUNCILLOR RUAIRÍ MCGINLEY To ask the Manager to report in detail on funding for housing repair grants in 2013,

setting out changes from 2012 funding levels. The Manager should also indicate if any changes have been made to grant schemes for roof repair, heating systems or rewiring for older persons dwellings.

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CITY MANAGER’S REPLY: Dublin City Council‟s total funding from the Department of the Environment, Community and Local Government for all Housing grant schemes in 2013 is €5,050,383. This reflects a reduction of over 50% of the 2012 allocation which was €10,629,459. The Housing Aid for Older People scheme which provides grant aid for rewiring, heating and roof repair works has been restricted to applicants referred to us from social services.

Q75. COUNCILLOR CIERAN PERRY Can the Manager provide an update on the proposed new allocations scheme which

to due to replace the current Scheme of Lettings?

CITY MANAGER’S REPLY: It is envisaged that the new allocations scheme will come into effect after the summer. All the changes required to upgrade the Allocations I.T. system have been identified and the reconfiguration can proceed in the near future. However, there are several other upgrades also scheduled to the Housing computer system in the next 6/8 weeks and until these have been completed, the new allocations scheme cannot be applied to the system. When the changes are put in place, a testing phase will be initiated to ensure the new criteria are effected accurately. On the assumption that there are no major difficulties arising, the new scheme can come into effect at the earliest date possible thereafter. On current considerations, I am of the opinion September is a realistic date for the implementation of new scheme. The elected Members of the Council and all social housing applicants will be informed about the changes that will apply nearer the time of the changeover.

Q76. COUNCILLOR CIERAN PERRY When are Dublin City Council due to pay the Local Property Tax on its housing stock

and how do DCC intend to recoup this cost.

CITY MANAGER’S REPLY: The Finance (Local Property Tax) Act 2012 (as amended) provides that a liability for Local Property Tax (LPT) will arise where a person owns a residential property on the liability date which will be 1 May 2013 for the year 2013. The 2012 Act provides that the State or other public bodies, including local authorities, will be liable for LPT on their properties in the same way as any other residential property owner, unless the properties in question are used to accommodate people with special housing needs such as the elderly or people with disabilities. As LPT is a self-assessed tax in common with other liable persons who own multiple properties, local authorities have until 28 May 2013 to file their LPT Returns. The Office for Local Authority Management are currently compiling that information and the total cost is not yet available. The Act also gives local authorities and other social housing providers until 1 January 2014 to pay the 2013 tax, the matter of how each local authority will fund the tax will be dealt with in the Council‟s 2014 Budget.

Q77. COUNCILLOR CIERAN PERRY Can the Manager outline the legal situation regarding individuals who have not paid

the Bin Tax due to the statute of limitations?

CITY MANAGER’S REPLY: The City Council will pursue all debts owed for waste management charges.

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Where a debt is legally “Statute Barred” it will not be pursued by the City Council. A decision on whether or not a debt is/may be “Statute Barred” can only be made having regard to the individual circumstances of any debt.

Q78. COUNCILLOR CIERAN PERRY Can the Manager provide answers to the following questions in relation to the

Internal Audit Committee: 1. What are the terms of reference of this committee? 2. Who are the current members of the committee? 3. How often do the committee meet? 4. Who receives a copy of the committee minutes? 5. Are all councillors entitled to view all Internal Audit Reports? 6. What powers do the committee have? 7. How are issues brought to the attention of the committee?

CITY MANAGER’S REPLY:

1. The Audit Committee terms of reference are set-out in Department of Environment, Heritage (now Community) and Local Government: Circular FIN 11/07 (copy available on request). The Committee operates to a Charter (see attached)

2. There are seven Committee Members - three Councillors namely: Cllr. Gerry Breen, Cllr. Naoise O‟Muiri and Cllr Henry Upton, and four others: Dr. Brian Cawley (Chair & Director of IPA), Mr. William Carrie (Comptroller & Auditor General), Prof. Brian Norton (DIT) and Mr. Brendan Foster (nomination of Dublin Chamber of Commerce).

3. The Committee meets four times per year, usually in March, June, September and December. In addition, it convenes special meetings as required

4. Committee meeting minutes are circulated to all Committee Members, City Manager and the Principal Local Government Auditor. In addition, a copy of the minutes is also sent to the Finance Strategic Policy Committee (SPC).

5. Yes, if an individual Councillor requests a copy of an Internal Audit Report, current protocols dictate that all Councillors receive a copy of that report. However, Internal Audit Reports may be redacted if they contain commercially sensitive material, names of third parties, staff, etc.

6. The Audit Committee receives its „power‟ / functions under Section 5 of the Local Government Business Improvement District (BIDS) Act 2006. The Audit Committee has an independent role in advising the Council on financial reporting processes, internal control, risk management and audit matters, as part of the systematic review of the control environment and governance procedures of the Council (see Charter).

7. Issues are brought to the attention of the Committee from a number of sources. Primarily, this is achieved as part of the preparation and execution of its Annual Internal Audit Plan, which has inputs from a number of sources including: Senior DCC management, the Audit Committee itself, Local Government Audit Service (LGAS), Value for Money Unit (VfM), LGAS, and Internal Audit Unit‟s own resources etc. In addition, there are contingencies set aside to deal with un-planned investigations, requests for advice, consultancy, etc.

Q79. COUNCILLOR ANNA QUIGLEY To ask the City Manager for an update on negotiations in relation to the 484 NAMA

properties in the DCC area identified as potentially suitable for social housing and if

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he can give an indication of when properties are likely to become available for allocation.

CITY MANAGER’S REPLY: An Approved Housing Body (AHB) is negotiating with the NAMA Assets Property Services Ltd (NARSPL) to lease eight of the NAMA related units in the city. It is expected that these units will shortly be available for allocation. Another AHB is negotiating in relation to sixty units. These should be available for allocation later this year.

Q80. COUNCILLOR ANNA QUIGLEY To ask the City Manager if a response has been received from the Minister for Arts,

Heritage and the Gaeltacht in relation to the Moore St. report and in particular to the key recommendation that he withhold permission for development to go ahead on the site.

CITY MANAGER’S REPLY:

As agreed with the City Council and the Committee the report was forwarded onto the Minister as part of the statutory consultation process involved with his consideration of plans in relation to the consent application for works to the national monuments buildings at 14-17 Moore Street. Our understanding is that that consideration and assessment of submissions is taking place and the Minister will be making a decision in the foreseeable future. Q81. COUNCILLOR ANNA QUIGLEY To ask the City Manager if he can specify how many landlords and how many

properties are participating in RAS in the Dublin City Council area.

CITY MANAGER’S REPLY: There are currently 1,183 landlords participating in the RAS Scheme with approximately 1,502 RAS units of accommodation. There are also approximately 500 RAS tenancies in the Voluntary Housing Sector.

Q82. COUNCILLOR ANNA QUIGLEY To ask the City Manager if he can specify how much of the 440 hectares of zoned

undeveloped land in Dublin City is located in the Central area

CITY MANAGER’S REPLY: The 440 hectares referenced in the above question, is the estimated figure for the overall quantum of undeveloped housing land in the Department of the Environment, Community and Local Government‟s Housing Land Availability Study (June 2012). Based on the figures collated by Dublin City Council as part of this study, it is estimated there is approx. 68.23ha of undeveloped housing land available in the Central Area. It should be borne in mind that the term “undeveloped housing land”, for the purposes of the DECLG Housing Land Availability Study, does not necessarily mean that all of the lands are vacant and derelict, nor does it mean that all of the lands are within residential areas. Only 12.55 hectares are in Z1 zoned areas. A significant portion (approx. 40%) of the 68.23 hectares is zoned Z14 (Strategic Development and Regeneration Area) and includes relatively large areas at Pelletstown, for which a Local Area Plan is currently being prepared. Many of the

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identified lands are simply underutilised and have the potential to provide more housing if redeveloped, such as the ILAC Centre site and the Smithfield area.

Q83. COUNCILLOR PADRAIG MCLOUGHLIN To ask the Manager to outline the legal situation and actions which are taken by the

council with regard to, (details supplied).

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

Q84. COUNCILLOR PADRAIG MCLOUGHLIN To ask the Manager for, (details supplied).

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

Q85. COUNCILLOR PADRAIG MCLOUGHLIN To ask the Manager for a breakdown of, (details supplied).

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

Q86. COUNCILLOR PADRAIG MCLOUGHLIN To ask the Manager to outline what criteria will be used for, (details supplied).

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

Q87. COUNCILLOR EDIE WYNNE To ask the Manager to have removed several very large and very unsightly instances

of graffiti which have appeared on the granite stone wall on the right-hand side of Raglan Road (from the direction of Pembroke Road) in Ballsbridge. Residents feel that it must be removed at once to prevent it encouraging any more vandalism or other forms of litter occurring on the road and are asking for an early response.

CITY MANAGER’S REPLY: It is the responsibility of owners / occupiers to maintain their own property free from graffiti. Dublin City Council arrange for a contractor to remove graffiti from our own property and other public areas and also sometimes from private buildings, with the consent of the owner, if the graffiti is racist, sexist or offensive. The area above mentioned will be inspected to see what action can be taken to tackle graffiti.

Q88. COUNCILLOR EDIE WYNNE To ask Dublin Bus to respond positively to a request from local residents for a bus

shelter at stop no 1168.

*Bus stop no. 1168 – Rathgar Road, Grosvenor Road.

CITY MANAGER’S REPLY: This question has been forwarded to Dublin Bus for their attention. The Councillor will be notified when a reply is available.

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Q89. COUNCILLOR JOHN REDMOND Will the Manager arrange for the Traffic Advisory Group to look at, (details

supplied), with a view to recommend putting double yellow lines in the laneway. Residents are experiencing problems with parking throughout the day, morning, lunchtime and evening.

CITY MANAGER’S REPLY: The above matter will be referred to the Traffic Advisory Group for consideration. The Councillor will be advised of the recommendation in due course.

Q90. COUNCILLOR JOHN REDMOND

Will the Manager arrange for the Traffic Advisory Group to investigate, (details supplied). CITY MANAGER’S REPLY:

A reply has been issued to the Councillor. Q91. COUNCILLOR JOHN REDMOND

Will the Manager arrange for the Parks Department to remove a small tree from, (details supplied).

CITY MANAGER’S REPLY: Parks and Landscape Services will arrange the removal of seedling tree growing on grass verge at the above location within the next two weeks.

Q92. COUNCILLOR JOHN REDMOND

Will the Manager look at repairing the road at, (details supplied).

CITY MANAGER’S REPLY: This location will be examined within the next two weeks and a report will then issue.

Q93. COUNCILLOR PAT CRIMMINS To ask the Manager to request that the Water Works Department investigate a water

leakage outside, (details supplied). CITY MANAGER’S REPLY: Repairs to the leak at the location, (details supplied), are to be carried out week ending 10th May 2013.

Q94. COUNCILLOR PAT CRIMMINS To ask the Manager to request that the Road Maintenance Department repair two pot

holes outside, (details supplied).

CITY MANAGER’S REPLY: Road Maintenance Services has inspected this location. A repair has been scheduled in the coming 4 weeks.

Q95. COUNCILLOR PAT CRIMMINS To ask the Manager to request that the Cleansing Department clean the road at,

(details supplied), as there is a lot of debris in the area.

CITY MANAGER’S REPLY: (Details supplied), Estate was cleaned on Wednesday 8th May 2013.

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Q96. COUNCILLOR PAT CRIMMINS To ask the Manager to request that the Public Lighting Department investigate the

possibility of, (details supplied).

CITY MANAGER’S REPLY: The canopies have been cleaned. This will be considered for the 2014 painting programme. Q97. COUNCILLOR MÍCHEÁL MAC DONNCHA To ask the City Manager if he will raise with, (details supplied), the state of, (details

supplied).

CITY MANAGER’S REPLY: A letter has been forwarded to Iarnród Éireann requesting that a reply be sent directly

to Councillor MacDonncha. Q98. COUNCILLOR MÍCHEÁL MAC DONNCHA To ask the City Manager if he will set out the City Councils, (details supplied).

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

Q99. COUNCILLOR MÍCHEÁL MAC DONNCHA To ask the City Manager the number of, (details supplied).

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

Q100. COUNCILLOR MÍCHEÁL MAC DONNCHA To ask the City Manager the cost to the City Council to date of, (details supplied).

CITY MANAGER’S REPLY: The cost of investigative works in relation to, (details supplied), is €65,398.

Q101. COUNCILLOR ANDREW MONTAGUE To ask the Manager will the council fix the footpath outside, (details supplied).

CITY MANAGER’S REPLY: Road Maintenance Services has inspected this location. A repair has been scheduled in the coming 10-12 weeks.

Q102. COUNCILLOR ANDREW MONTAGUE Will the Manager trim the trees at the back of, (details supplied).

CITY MANAGER’S REPLY: The trees in question are motorway planting which are allowed to grow naturally. At present there is little overgrowth in regards to the garden concerned, however the area will be monitored for pruning if necessary.

Q103. COUNCILLOR ANDREW MONTAGUE Will the Manager repair the window frames and doors for, (details supplied). They

have gone rotten and as a result the house is very cold.

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CITY MANAGER’S REPLY: The Manager of our Joinery Workshop confirms that new timber double-glazed

windows and doors have been ordered for this dwelling. It is expected that these windows/doors will be manufactured and ready for installation in October 2013. Q104. COUNCILLOR ANDREW MONTAGUE Will the Manager transfer, (details supplied). She has suffered from a lot of

antisocial behaviour and lives just beside a laneway so a lot of rubbish is dumped in her garden and outside her garden.

CITY MANAGER’S REPLY: The applicants, (details supplied), are currently on the Transfer List with a total of 54 points for Area D (Ballymun) and 49 points for Area E (Cabra, Finglas, Glasnevin, Whitehall). The applicants requirement is for a one bedroom unit as they are a couple on the waiting list. If they are interested in alternative accommodation within the Ballymun Area I would advise them to contact the local area office in Ballymun, Ballymun Civic Centre, telephone 222 5610 to register their interest in a one bedroom unit. Any incidents of anti social behaviour should be reported to the local area office in Ballymun where they will be fully investigated.

Q105. COUNCILLOR JANE HORGAN-JONES To ask the City Manager the following question, (details supplied).

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

Q106. COUNCILLOR LUCY MCROBERTS To ask the Manager whether or not an environmental assessment has been done on,

(details supplied). CITY MANAGER’S REPLY: A reply has been issued to the Councillor.

Q107. COUNCILLOR LUCY MCROBERTS To ask the Manager to outline situations, (details supplied)

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

Q108. COUNCILLOR LUCY MCROBERTS To ask the Manager if the Council could, (details supplied).

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

Q109. COUNCILLOR JANE HORGAN-JONES To ask the City Manager the following question, (details supplied).

CITY MANAGER’S REPLY: Road Maintenance Services had previously examined the possibility of installing a wheelchair ramp in place of the three steps however due to space requirements at the, (details supplied), Avenue side of the lane this is not possible.

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Road Maintenance Services has carried out a level survey at this location and is currently investigating the possibility of altering the footpath levels in the laneway in order to remove the steps.

Q110. COUNCILLOR JANE HORGAN-JONES To ask the City Manager the following question, (details supplied).

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

Q111. COUNCILLOR JANE HORGAN-JONES To ask the City Manager the following question, (details supplied).

CITY MANAGER’S REPLY: Waste Management Services had the above mentioned pedestrian laneway cleaned on the 3rd May 2013.

Q112. COUNCILLOR MICHAEL O’SULLIVAN Could the Manager indicate when the promised work will take place at, (details

supplied).

CITY MANAGER’S REPLY: New windows and doors are currently being fabricated and should be installed at this

property within the next 8 weeks. Q113. COUNCILLOR MICHAEL O’SULLIVAN Could the Manager arrange for remedial work to be undertaken as a matter of

urgency at the following location, (details supplied).

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

Q114. COUNCILLOR MICHAEL O’SULLIVAN Could the Manager make a statement on the housing needs of the following, (details

supplied).

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

Q115. COUNCILLOR MICHAEL O’SULLIVAN Could the Manager make a statement on the following, (details supplied).

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

Q116. COUNCILLOR KIERAN BINCHY To ask the Manager to send on a copy of all the work done to date to prevent further

floods in the area of the following house, (details supplied), so that the residents can use the information to attempt to get home insurance at a reasonable cost. Please provide the information in a user-friendly fashion so that the residents can understand it, and also that the insurance companies that they approach can understand it. Please include the work to the Dodder and the installation of new gullies.

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

Q117. COUNCILLOR KIERAN BINCHY To ask the Manager to investigate why such a high number of Council flats are

reporting a serious mould problem (for example in the Pearse House flats and in the Markievicz House flats). Is this a problem with insulation or with ventilation, and what can the Council do to combat it?

CITY MANAGER’S REPLY: WATER VAPOUR / CONDENSATION / MOULD GROWTH 97% of maintenance requests to Dublin City Council which refer to “dampness” are eventually identified as being due to condensation. Condensation is excess water vapour in the air turning back to liquid water on a cold surface. Water vapour is created by generating steam (cooking, baths, showers, drying clothes, etc). It is even exhaled by residents, for example the breath of four people will produce 2.5 litres (5 pints) of water a day. The generation of water vapour which leads to condensation (and in some cases mould growth) is not due to the way the building is constructed but to the way the building is used. While the minute water droplets on a wall might not be visible the mould growth which thrives on wet surfaces will be. The mould will take the form of unsightly black patches and will grow as long as the surface of the wall is moist. The best way to get rid of water vapour/condensation/mould growth is to:

attack the source

Turn on extractor fan when cooking.

Keep the kitchen door closed.

Open windows after a shower or a bath.

Don‟t block the ventilators

Ventilate the flat by opening windows for a short period in the morning especially on dry windy days.

Spray the affected areas with a propriety mould remover (available in most stores) or a diluted bleach product (four parts water to one part bleach – be sure to read and follow the manufacturer‟s instructions).

It is the City Council‟s policy not to intervene in cases of condensation – the Tenant‟s handbook stipulates that damage to a property as a result of condensation (such as mould growth) is solely to responsibility of the tenant. Notwithstanding, the City Council will arrange a call-out by an inspector or foreman to investigate and offer any advice appropriate.

Q118. COUNCILLOR KIERAN BINCHY To ask the Manager to consider the implementation of education programmes to

combat the illegal dumping of household litter that is becoming a blight in the city, as suggested in the following email, (details supplied). CITY MANAGER’S REPLY:

Education/Awareness The need for a sustained approach to Education & Awareness is a clear priority in the current Litter Plan. The education of children & young adults to develop responsible attitudes towards litter is crucial in shaping habits for current and future

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generations. There is also scope to instil these values across generational divides by emphasising the more practical benefits of litter prevention particularly around economical considerations. In order to achieve the above objectives, the City Council has engaged in a number of specific initiatives over the last number of years including:

The City Council (DCC) has conducted extensive Litter Awareness Campaign each year since 2007. Each year has had a central theme which has ranged from targeting specific forms of littering to challenging behavioural attitudes. A range of media outlets have been utilised including TV, Radio, Press, online and social media to promote and advertise the campaigns.

DCC has produced a Litter Education Booklet & DVD which has been circulated to every school in Ireland. The Booklet & DVD is also available to download online. It has been extremely well received and utilised in schools.

DCC Green Schools Officer has continuously engaged in litter awareness education through the Green Schools Programme.

The City Neighbourhoods Awards has greatly contributed to the promotion of the benefits of a cleaner environment.

DCC have provided numerous articles and conducted large amounts of press, radio and TV interviews around the area of litter awareness & education.

Plans for a 2013 awareness campaign are currently being considered. Monitoring The Waste Management division constantly monitors the City Administrative area and where dumping / litter hotspots are identified every effort is made to resolve the issue. CCTV is in operation in particular areas (mobile and permanent). The idea of utilising roving webcams which display on the City Council website will be investigated and will consider potential benefits as well as practical issues such as technical & data protection considerations. . Reporting Littering The Litter Plan had the stated objectives of a Litter Hotline and web based reporting facilities available to the public in order for them to report all litter related issues. DCC has delivered on these objectives and currently the following facilities are available to the public:

A dedicated Litter Hotline Number 1800 251 500 which is operated by the Customer Services Centre during office hours. In addition, the Central Area Office also has a Litter Hotline Number 1800 248 348.

DCC also supports the EPA Environmental Complaints Hotline 1850 365 121 which operates 24 hours a day, 7 days a week. These complaints are passed to DCC Customer Services Centre.

DCC has an online system which allows members of the public to log complaints.

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DCC also supports the www.fixyourstreet.ie website which allows members of the public to log complaints (including photographic evidence). DCC downloads the information from this site on a daily basis.

All complaints/reports are logged on the DCC Customer Relations Management System which enables full tracking from receipt of complaint/report to completion of investigation.

Additional Recycling Facilities In addition to the kerbside recycling service operated by private waste collectors The City Council already provides an extensive network of recycling facilities across the City (9 recycling centres, 2 Civic Amenity Sites, 120 glass & clothing bank sites). The provision of additional recycling facilities is constantly under review. The City Council is amenable to providing such facilities where a need is identified subject to available resources and where suitable sites are available. Action Plan A pilot initiative for the North Inner City is being put in place in a further effort to target illegal dumping in that particular area. The terms of reference for the group are: “To carry out an examination of the litter issues in a specified area, to identify the particular causes/sources of same and to devise and implement actions to bring about a gradual and consistent improvement in the situation.” The City Council will consider extending this initiative to other areas of the City where such a need is identified subject to the initiative proving successful.

Q119. COUNCILLOR LUCY MCROBERTS Could Dublin City Council, to further its Smart City digitial initiatives, run a trial of the

Parker app, http://www.theparkerapp.com/ , which allows drivers to find the nearest available car parking space using your mobile phone? The app, which recently won an innovation prize, is widely used in the USA. Details of a recent trial and how it works can be seen: http://www.manchester.gov.uk/info/100011/roads_parking_and_transport/146/on-street_parking/4

CITY MANAGER’S REPLY: The Parking Policy & Enforcement Section has been approached by numerous parking app developers with regard to piloting/testing their app. We are not in a position to align ourselves with one particular app. In order to do this we would have to undertake the relevant procurement process. We will, however, assist any developer where possible with provision of information in order to progress development of app and provide all relevant information with regard to parking in Dublin.

Q120. COUNCILLOR GERRY BREEN Can the Manager please address, (details supplied).

CITY MANAGER’S REPLY: The roadside tree at the above location has been inspected by the Parks & Landscape Services staff on a number of occasions in the recent past. It is not

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considered that this tree is currently impacting the boundary of the adjacent property. It is not the cause of damage of to the garden wall.

Q121. COUNCILLOR GERRY BREEN

Can the Manager please arrange to have, (details supplied).

CITY MANAGER’S REPLY: The grass was cut at the above location on Friday May 3rd. It will continue to be cut every 10/14 days during the growing season.

Q122. COUNCILLOR GERRY BREEN Can the Manager please answer the following question, (details supplied)

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

Q123. COUNCILLOR MARY FITZPATRICK Can the Manager please provide a report on, (details supplied).

CITY MANAGER’S REPLY: The laneway is question is “not in charge” of Dublin City Council. As such, it is considered that a private, rather than a public, right of way exists at this location It is not possible, therefore, for Dublin City Council to go through the extinguishment procedures as set down in the Roads Act, 1993 to have the right of way extinguished. Dublin City Council is not responsible for cleaning or maintenance.

Accordingly, the physical closure of the above laneway, being a private lane-way and not in charge of the Roads Authority is a matter to be agreed by the local residents. If residents wish to proceed with this closure they will need to seek the permission of the owners of the land. No further information in relation to the ownership of this laneway is available.

Q124. COUNCILLOR MARY FITZPATRICK Can the Manager please provide a report on, (details supplied).

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

Q125. COUNCILLOR MARY FITZPATRICK

Can the Manager please provide a report, (details supplied).

CITY MANAGER’S REPLY: Please see attached spreadsheet.. If issues arise contact should be made with the relevant Area Housing Managers, as the Sheltered Housing Liaison Officers report generally to their complexes.

Q126. COUNCILLOR MARY FITZPATRICK Can the Manager please provide a report on, (details supplied).

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

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Q127. COUNCILLOR PAT DUNNE Can the Manager provide details of the Shared Ownership Loan Accounts under the

following headings. Total number of Shared Ownership Loans Total value of loans advanced under the Shared Ownership Scheme Total value of outstanding loans under the Shared Ownership Scheme Total number of loan accounts currently in arrears. Total value of loan accounts in arrears showing both loan arrears and rent portion arrears separately. Breakdown of arrears by length of time in arrears i.e. one month, two months, over one year etc. Number of repossession orders granted by the courts and the value of these loans together with details of bad debt provision. CITY MANAGER’S REPLY: 1. 1458 2. The figure for the total value of loans advanced under the Shared Ownership

Scheme is not available as the scheme commenced in 1992 and ceased in 2011. Many of the loans given out over this period have been redeemed and the accounts have been closed.

3. €237,409,622. 4. 854 Shared Ownership loans 5. Loan arrears: €7,924,316 Rental/Equity arrears: €1,544,558 6. The breakdown of arrears by length of time in arrears is available for all accounts

in arrears (see attached) but not specifically for shared Ownership accounts in arrears. There are 1290 accounts currently in arrears and this list would have to be gone through manually to extract the Shared Ownership accounts.

7. 67 repossessions have occurred with a total redemption figure of €13,980,421.

The majority of these properties have been transferred to social leasing and have not, therefore, incurred bad debt charges as of now. The twelve properties not transferred to social leasing needed a bad debt provision of €656,821.

Q128. COUNCILLOR PAT DUNNE Can the Manager request that our maintenance section make an exception and carry

out repairs for our tenant, (details supplied) This tenant was subjected to a random act of vandalism and the damage to the property should be made good by our maintenance section as the tenant has not got the recourses to remedy the damage themselves.

CITY MANAGER’S REPLY: In normal circumstances the repair and replacement of windows and doors in City Council houses is the responsibility of the tenant, however in this case the Area Maintenance Officer will oblige the tenant by removing the paint from the door and window.

Q129. COUNCILLOR PAT DUNNE Can the Manager arrange for minor adaptation works on our tenants house, (details

supplied). This tenant has been approved for an extension under the Scheme for

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Persons with Disabilities with a high medical priority; however he has been informed that the provision of the extension is not possible in 2013 due to budgetary constraints. In the circumstances could our maintenance section unblock the door from the sitting room leading to the bathroom and widen the door to allow for wheelchair access to the bathroom and replace the bath with a shower. This work would provide a short term solution while the tenant awaits the provision of an extension.

CITY MANAGER’S REPLY: This tenant is on the waiting list for an extension, the commencement of which is

dependent on available funding. The extent of the funding for all works under this scheme, both extensions and internal alterations, has been allocated to all those approved cases that have been on the waiting list since 2011/2012. A commitment has been made to approximately 120 other applicants to carry out internal adaptations at their home in 2013 the funding at our disposal this year will just cover the costs of these works.

Q130. COUNCILLOR PAT DUNNE Can the Manager arrange with our maintenance section to have the following work

done for our tenant, (details supplied), replace badly fitted front door, a second hand door was previously fitted but does not fit properly. The back door also needs to replaced.

CITY MANAGER’S REPLY: The Area Maintenance Officer with responsibilities for this property will investigate

these issues, the outcome of which will be communicated directly to the Councillor Q131. LORD MAYOR NAOISE Ó’MUIRÍ Is the Manager aware of any nascent plans to undertake development works at the

Verville Retreat site off Vernon Avenue? Have there been any recent pre-planning discussions on this site? Have there been any recent planning applications in relation to this site?

CITY MANAGER’S REPLY: PAC0294/05 and PAC0237/08 and Planning Application 4660/07 are the only reasonably recent pre-application consultations and planning applications relating to the said site. These were in 2005, 2008 and 2007 respectively.

Q132. LORD MAYOR NAOISE Ó’MUIRÍ To ask the City Manager is Dublin City Council a party in any way to the lease of the

pitch-and-putt course linked to No 80 Philipsburgh Avenue (formly the CYMC Club)

CITY MANAGER’S REPLY: By way of Indenture of Lease dated 2nd May 1988, a plot of ground at the rear of Nos. 80-108 Philipsburgh Avenue was demised by Dublin City Council to the Trustees of Christian Young Men‟s Club for a term of 99 years from 25th March 1984 subject to an initial annual rent of €14,601.99 per annum abated to €190.46 provided the premises are used for sporting and recreational community purposes. The lease provides for the rent to be reviewed at the end of every fifth year and the current passing rent is €106,000 per annum abated to €190.50 per annum.

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Following correspondence from C.Y.M.C./L.C. (1991) which appeared to suggest that the aforementioned lease was assigned to a third party unbeknown to Dublin City Council and without the consent of the Council as required under the lease, the Council requested that a full reference be carried out by the Chief Property & Title Researcher. The interim report appears to show that the lease has been transferred and the matter has been referred to the Council‟s Law Agent for advice. Please note that the Council has no interest in the C.Y.M.C. Building fronting onto Philipsburgh Avenue i.e. No. 80 Philipsburgh Avenue.

Q133. LORD MAYOR NAOISE Ó’MUIRÍ To ask the City Manager is Dublin City Council aware of any plans for a change-of-

use of, (details supplied).

CITY MANAGER’S REPLY: There is no planning application granted for, or before Dublin City Council in connection with a change of use at, (details supplied).

Q134. COUNCILLOR STEVE WRENN To ask the relevant manager what measures have been taken to address the

inappropriate and unhealthy foods and sweets being offered to children in vending machines in Dublin City Council gyms and sports facilities. The writer received a previous commitment from the City Manager that this issue would be addressed at the next tender process.

CITY MANAGER’S REPLY:

Dublin City Council offers visitors to our gyms and sports facilities a choice of food and drinks products. It is the practice to have healthy food and drinks products available for sale alongside a range of other products. Q135. COUNCILLOR GERRY ASHE

To ask the Manager how and why a tenant at, (details supplied), was assessed for wildly differing rents payable over a period of seven years from 2006 to earlier this year? Why a clear statement of rents due and rents paid was never supplied to her? Why despite her attempts to reach a satisfactory conclusion she was served with a Notice to Quit and summonsed to the District Court? If the requirement of the District Court that a full statement be issued to it on this matter has been complied with and if after all this the City Council will issue the tenant an apology and offer some form of compensation for the huge stress, trauma and inconvenience this whole matter has caused.

CITY MANAGER’S REPLY: I am satisfied the City Council had made every reasonable effort to resolve this case before it proceeded to court. The tenant refused offers to meet and discuss her concerns and stated to an official that “she wanted her day in court”. I can confirm that the tenant was supplied with a breakdown of her rent assessment, which she disputed. I can also confirm that the Notice to Quit was served on her in accordance with official council policy.

Following a hearing in the District Court, Dublin City Council agreed a settlement with the tenant and the matter is now closed.

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Q136. COUNCILLOR STEVE WRENN To ask the Manager if it is possible for cars seized and not claimed to be given to

Dublin Fire Brigade for training purposes.

CITY MANAGER’S REPLY: The Abandoned Vehicle Unit, Waste Management Services, provides Dublin Fire Brigade with abandoned vehicles on request for training purposes and has done so for a number of years.

Q137. COUNCILLOR STEVE WRENN To ask the Manager if he can introduce further measures to prevent on-going

dumping at a location, (details supplied); if he can extend any current CCTV cameras to cover this location to prevent dumping; if further inspections of the area by litter inspectors can be considered; and if any signage related to the penalties for dumping can be considered at this location as another measure. CITY MANAGER’S REPLY: The above location is inspected a number of times a week, all dumped waste is inspected and removed when resources allow. We are receiving complaints from adjoining properties however no one is aware of who the alleged offenders are, I can confirm that this is local dumping. Traditional methods of investigating dumped waste is proving extremely difficult as offenders are becoming more conscious of the waste they dump. I will arrange for a no dumping sign to be erected. In the past we have used the CCTV at this location however offenders were not identified as most of the dumping takes place at night and visibility was poor while building works were in progress. We will re look at the CCTV at this location as buildings works have been completed. We will also issue a letter to all residents in the area reminding them of their responsibilities under the Litter Pollution Act 1997 and supply details of how they can report alleged offenders.

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