Agenda and minutes

The Lord Mayor opened the meeting by expressing condolences to the families and friends of the following and holding a minute’s silence as a mark of respect for the deceased:-

·          Victims of the fire in Carrickmines who died Saturday 10^th October 2015

·          Garda Anthony Golden who died Sunday 11^th October 2015

·          Maureen O’Hara (Actress born in Ranelagh)  who died Saturday 24^th October

            Permission was given by the City Council for the erection of Banner on Liberty Hall on behalf of SAFE Ireland for the period 13th – 27th November, 2015. The Lord Mayor then reminded Members to complete the survey circulated by Chief Executive’s Department from Paul Lemass, Chair of the Local Government Advisory Group.

            The Lord Mayor and Members of the City Council thanked Dublin Fire Brigade who worked in very hard conditions on Saturday night, 31^st October, and in some cases who came under threat for doing their duty. Members expressed their abhorrence of these attacks on members of the Fire Brigade carrying out their duties. Members also expressed their appreciation to staff of Dublin City Council who organised events for children and young people in an effort to avoid accidents at this time of year. Mr Brian Mongey, a member of the Culture, Recreation, Amenity & Community Department, who is based in Ballymun, was thanked for his extraordinary contribution in this regard over the years.

            Approval was given for the attendance of Councillor Andrew Montague at Conference Thursday 5^th November, organised by The Heritage Council on 5^th November 2015 on “Realising the Hidden Potential of Ireland’s Towns”  

            Councillor D O’Farrell asked that his efforts to raise the issue of the Flood Defence Wall currently under construction in Clontarf be recorded in the minutes.

It was moved by Councillor V Jackson and seconded by Councillor P Bourke “That Dublin City Council approves the Dublin Chief Executive answering the questions lodged”. The motion having been put and carried, written answers to the 143 questions lodged for the City Council meeting were issued. The Questions and Answers are set out in Appendix A attached.

It was moved by Councillor V Jackson and seconded by Councillor C Burke  “That Dublin City Council notes the contents of this letter”. The motion was put and carried.

It was proposed by Councillor R McGinley and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 334/2015”. The motion was put and carried.

It was proposed by Councillor R McGinley and seconded by Councillor V Jackson  “That Dublin City Council notes the contents of Report No 333/2015 and hereby approves the temporary overdraft accommodation requirement as set out therein, subject to the sanction of the Minister for the Environment, Community and Local Government” The motion was put and carried.

It was moved by Councillor P Bourke and seconded by Councillor N O Muiri “That Dublin City Council notes Report No 278/2015 and hereby approves the contents therein”. The motion was put and carried.

The City Council agreed to defer the filling of a vacancy on the Economic Development and Enterprise Strategic Policy Committee following the resignation of Councillor Gary Gannon from that Committee.

It was proposed by Councillor V Jackson and seconded by Councillor R McGinley “That Councillor Vincent Jackson be appointed as a member to represent Dublin City Council on St. Michael’s Estate Regeneration Board” The motion was put and carried. A second nominee, Councillor B Smith, was proposed but defeated on a vote.

It was proposed by Councillor C Burke and seconded by Councillor N Reilly “That Dublin City Council notes the contents of Report No 321/2015”. The motion was put and carried.

It was proposed by Councillor M Mac Donncha and seconded by Councillor S McGrattan “That Dublin City Council notes the contents of Report No 319/2015 and hereby approves the grant towards running costs of Trinity Swimming Pool at Donaghmede, Dublin 13 as outlined therein”. The motion was put and carried. It was also agreed that a full report of the usage and associated costs of running the city’s swimming pools would be prepared for Members, including grants too private swimming pools.

It was proposed by Councillor S McGrattan and seconded by Councillor “That Dublin City Council notes the contents of Report No 323/2015 and approves the addition of 16A, Kenilworth Road, 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.

It was proposed by Councillor S McGrattan and seconded by Councillor “That Dublin City Council notes the contents of Report No 323/2015 and approves the addition of 16A, Kenilworth Road, 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.

It was proposed by Councillor S McGrattan and seconded by Councillor V Jackson “That Dublin City Council notes the contents of Report No 325/2015 and approves the deletion of 109a Marlborough Road from the Record of Protected Structures and Amendment of the existing entry for RPS Ref 5022: 109/109a Marlborough Road, House to read RPS Ref 5022: 109 Marlborough Road, House in accordance with Section 54 and 55 of the Planning and Development Act, 2000” The motion was put and carried.

It was proposed by Councillor S McGrattan and seconded by Councillor V Jackson  “That Dublin City Council notes the contents of Report No 326/2015 and approves the amendment of current entry for Poolbeg Lighthouse and South Bull Wall, Ringsend, Dublin 4 and amendment of the cross reference entry for Poolbeg Lighthouse and South Bull Wall, Ringsend, Dublin 4, on 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.

It was proposed by Councillor S McGrattan and seconded by Councillor V Jackson “That Dublin City Council notes the contents of Report No 327/2015 and approves the addition of 94-96 Middle Abbey Street, 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.

It was proposed by Councillor S McGrattan and seconded by Councillor V Jackson “That Dublin City Council notes the contents of Report No 328/2015 and approves the deletion of 16 Mary 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.

It was proposed by Councillor S McGrattan and seconded by Councillor  V Jackson “That Dublin City Council notes the contents of Report No 329/2015 and approves the Amendment of the current entry for 57-75 Botanic Road, Dublin 9, 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.

It was proposed by Councillor S McGrattan and seconded by Councillor V Jackson “That Dublin City Council notes the contents of Report No 330/2015 and approves the addition of 49 Glasnevin Hill, Glasnevin, 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.

It was proposed by Councillor S McGrattan and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 341/2015 and assents to the proposal outlined therein” The motion was put and carried.

It was proposed by Councillor S McGrattan and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 337/2015 and assents to the proposal outlined therein” The motion was put and carried.

It was proposed by Councillor S McGrattan and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 338/2015 and assents to the proposal outlined therein” The motion was put and carried.

It was proposed by Councillor S McGrattan and seconded by Councillor R McAdam  “That Dublin City Council notes the contents of Report No 339/2015 and assents to the proposal outlined therein” The motion was put and carried.

It was proposed by Councillor S McGrattan and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 340/2015 and assents to the proposal outlined therein” The motion was put and carried.

It was proposed by Councillor D Doolan and seconded by Councillor J Boylan “That Dublin City Council notes the contents of Report No 331/2015”. The motion was put and carried.

It was proposed by Councillor A Montague and seconded by Councillor J Boylan “That Dublin City Council notes the contents of Report No 346/2015”. The motion was put and carried.

It was proposed by Councillor V Jackson and seconded by Councillor P Hand “That Dublin City Council notes the contents of Report No 347/2015”. The motion was put and carried.

It was proposed by Councillor V Jackson and seconded by Councillor P Hand “That Dublin City Council notes the contents of Report No 335/2015”. The motion was put and carried.

It was proposed by Councillor V Jackson and seconded by Councillor P Hand “That Dublin City Council notes the contents of Report No 332/2015”. The motion was put and carried.

It was proposed by Councillor V Jackson and seconded by Councillor P Hand “That Dublin City Council notes the contents of Report No 345/2015”. The motion was put and carried.

It was proposed by Councillor J O’Callaghan and seconded by Councillor C Andrews “That Dublin City Council notes the contents of Report No 322/2015”. The motion was put and carried.

            The City Council agreed to take Emergency Motions No 2 and 3 at this point as they related to property in the South East Area. Accordingly Standing Orders were suspended to agree the following motions :

(a)' That the City Council agrees there will be no sale or disposal of Dublin City Council  lands in the Temple  Bar area until a full cultural and commercial of the entire area audit is carried out and clear vision for the future of Temple Bar is established and agreed by the Council'

Submitted by Councillors C Byrne, P Costello and C Cuffe

(b) This Council agrees to conduct a strategic review of Temple Bar setting out the strategic priorities and vision for the cultural and commercial spaces. We agree not to proceed with any sale of assets while this review is taking place.

Submitted by Councillors R Moynihan, D Lacey. M Freehill and A Gilliland

It was proposed by Councillor T Keegan and seconded by Councillor R McGinley “That Dublin City Council hereby approves Report No 320/2015”. The motion was put and carried.

It was proposed by Councillor L O’Toole and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 336/2015”. The motion was put and carried.

It was proposed by Councillor R McAdam and seconded by Councillor D Flanagan “That Dublin City Council notes the contents of Report No 310/2015”. The motion was put and carried.

Following a vote, it was agreed to take Issue No 1 - Adequacy of Traveller Accommodation in Dublin City. A discussion on this subject followed. The City Council also agreed to take a related Item on the Agenda at this time, Item No 58, Motion in the name of Councillor B Smith. The following motion therefore was seconded by Councillor D Doolan and was put to a Roll Call vote and carried. For details of the vote, please see Appendix B to these Minutes.

            “This Council calls on management to seek an immediate meeting with the DOE for an increase in the Traveller Accommodation Budget as the €366,000 allocated this year will not even facilitate the delivery of 20% of the current TAP targets”

            Members thanked the Chief Fire Officer and members of his staff who attended a meeting of the Local Travellers Accommodation Consultative Committee and agreed to roll out a fire safety educational programme for traveller halting sites.

“That this Council supports CO-OP Housing and O Cualann cohousing alliance in delivering 40 homes in Poppintree for Ballymun residents.  That the site for which planning permission is still live be used for Co-op and not modular housing.   That senior Dublin City Council management, the local councillors and the O Cualann cohousing alliance work in partnership to ensure the project can proceed as soon as possible and to facilitate modular housing on an alternative location on the site” the Assistant Chief Executive’s report was noted that progress was being made in this regard.

"This City Council calls on the Department of the Taoiseach to press the British Prime Minister to release all files associated with the Dublin & Monaghan bombings of 1974" The motion was put and carried.

“With consideration to the anniversary of 1916 and the recent anniversary of the foundation of Cumann na mBan, that this Council requests the Heritage Officer of Dublin City Council to actively encourage the naming of currently unnamed public buildings, housing developments, roads, bridges and parks in memory of Cumann na mBan or members of Cumann na mBan during commemoration year”

            An amendment to this motion was put forward by Councillor N Ring and seconded by Councillor P Dunne . Accordingly the following amended motion was put and carried :-

            “With consideration to the anniversary of 1916 and the recent anniversary of the foundation of Cumann na mBan, that this Council requests the Heritage Officer of Dublin City Council to actively encourage the naming of currently unnamed public buildings, housing developments, roads, bridges and parks in memory of Cumann na mBan or members of Cumann na mBan, the Citizens’ Army and other female participants in the war for independence”

            “The Congress Charter for Fair Conditions at Work seeks a societal consensus as to what constitutes fair conditions of employment. The charter identifies five key principles which, as a minimum, should be respected by every employer: a living wage, fair hours of work, the right to representation and collective bargaining, to be treated with dignity when at work and fair public procurement. This council supports and advocates the implementation of the Congress Charter for Fair Conditions at Work for all DCC employees and applies its principles in it public procurement process. In particular, DCC will:

         I.Work with DCC employees' union representatives to ensure the implementation  of the Charter across all DCC departments/sections

       II.Apply the following principles of public procurement as per EU Public  Procurement Directives: 

·  Most economically advantageous tender (M.E.A.T.) so formulated to always include social considerations such as the impact on local employment. Under this DIRECTIVE it is essential that social considerations are given a suitable weighting.

·  Compliance with Labour Law: ‘Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions’ Article 18 

·  Inclusion of Social Clauses: to detail specific criteria to require as a condition of the contract, respect for employment rights, including respect for right to collective bargaining and compliance with relevant JLCs (and  EROs/REOs and REAs) and/or relevant Minimum/Living Wages (ILO Convention 94 on Labour Clauses in Public Contracts). 

·  Selection and Exclusion Grounds for Tendering: including the exclusion of abnormally low tenders, having regard for economic and financial standing of tenders and previous behaviour compliance behaviour with legal/employment rights obligations

·  Joint and Several Liability in Contracting Chains: that the tenderer be asked to indicate in its tender any share of the contract it may intend to subcontract to third parties and to name and have oversight of any proposed subcontractors”

            The motion was put and carried.