Dublin City Council

 

Question to City Manager                           City Council Meeting 03/12/2012

 

Q100.  COUNCILLOR CIERAN PERRY
            To ask the Manager to provide details of all fire call out charges applied to households since the charge was introduced, the charges paid to date and the status of the outstanding charges?

CITY MANAGER’S REPLY
A summary of the 678 chargeable domestic incidents by category is as follows:
               
118      Apartment False Alarms
57        Apartment Fires
120      Chimney Fires
9          Gas Leaks
31        House False Alarms
193      House Fires
18        Lift Releases
9          Lock Outs
23        Road Traffic Accidents
53        Car Fires
21        Shed Fires
26        Water Leaks

 

Financial Summary

Total Invoiced:            678
Euro Value:                 €347,955

Total Credits:               86
Euro Value:                 €47,190

Actual Collectable:      592
Euro Value:                 €300,765

Total Paid to Date:      202
Euro Value:                 €102,880
34% Collected

 

The outstanding balance is being pursued by means of reminders and follow up phone calls.

 

Q101.  COUNCILLOR CIERAN PERRY
            To ask the Manager to ask the Garda Commissioner to provide an update on the PAPS (Partnership Approach on Public Safety) strategy. The update to include specific areas chosen, agencies involved, community representatives involved and any progress made.

 

CITY MANAGER’S REPLY
The Partnership approach to Public Safety (PAPS) is a Garda led initiative designed to develop a proactive strategy involving an interagency partnership in dealing with incidents of anti-social behaviour and alcohol related incidents of public disorder.

The proposed initiative will utilise the An Garda Síochána partnership problem solving process (Problem Oriented Policing-POP), implemented and developed by the organisation to address problems and issues that are having a negative impact on communities. The initiative consists of a four step decision-making model:

  • Step One: Scanning and determining the problem
  • Step Two: Analysing the problem, the players and actions already used
  • Step Three: Response and solutions to the problem
  • Step Four: The evaluation of the effectiveness of the response and solutions

 

The current designated area for PAPS will be in Store Street and Pearse Street.

At present Gardai are conducting an Internal Garda Analysis and divisional information is being collated in relation to the following, Drugs Clinics, Public Disorder, ASBO’s, Hostels & Homeless Accommodation, and Begging. This analysis will take account of identified factors which contribute to Public Order Incidents, i.e. Late Night Drinking & Fast Food Outlets. Information is being documented under the headings of Times, Population involved, Specific Locations, Impact on the Division (including Garda Resources) Garda Response (including current interagency working groups), specific issues relevant to the Division/District and proposed Solutions.

Following completion of this internal Garda Analysis, a PAPS Team within the designated area will be established and will include Continuous Professional Development and personnel from Crime Prevention; Community Policing.

The PAPS Team will analyse the local incidents of anti-social behaviour and incidents of public disorder including; current Garda response, impact on the Division, times , impact on the area, population/numbers involved, Profile of those involved and Garda powers/responsibility in addressing the problem. The PAPS Team will document relevant key stakeholders in the service/alcohol industry such as publicans/clubs/Vintners/shops/fast food outlets/ residents/Dublin City Council/BIDs etc. within the designated area.

A forum inclusive of all key stakeholders will then be convened. The forum will use the partnership problem solving process of An Garda Síochána as a process to address the issue of anti-social behaviour and alcohol related incidents of public disorder in the designated area.

The Assistant Commissioner will be reporting on this issue and progress on same to the Dublin City Joint Policing Committee.

 

Q102.  COUNCILLOR CIERAN PERRY
            To ask the Manager to explain in layman’s terms, the power to compulsorily acquire land under Part X1V of the Planning & Development Act 2000? Can he detail the number of locations where this power has been used?

 

CITY MANAGER’S REPLY
The legal provisions for compulsorily acquiring land are contained in Part XIV Planning and Development Act 2000. The provisions in this legislation permit the Local Authority to acquire property for the purpose of performing any of its statutory functions e.g housing, roads, amenity, development etc. It also provides that the Local Authority may acquire property compulsorily where it has been unable to do so voluntarily.

The procedures are laid down in legislation, in particular the Housing Act 1966 and the Planning & Development Act 2000.  These include the publishing of notices in newspapers, the submission of the CPO to An Bord Pleanála for confirmation, the holding of an oral hearing in the event of objections, the publication of notices regarding the Bord’s decision and also specifying the period for judicial review.

The City Council made CPOs in 35 locations from 2000 to 2012.

 

Q130.  COUNCILLOR NIAL RING & COUNCILLOR CIERAN PERRY
In view of the issues raised  and revealed in the TG4 documentary 'Iniúchadh - Oidhreacht na Cásca' aired on 17/10/12, can the Manager answer the following questions relating to the development in O'Connell Street and an agreement entered into with a developer?

A.  Why, after serving a Compulsory Purchase Order (CPO) order on much of Upper O'Connell Street area in 2001, did Dublin City Council sign an agreement in February 2004 with Chartered Land, a development company which at the time was, according to land registry records, the registered owner of none of the lands that made up the original planning application and later subject to the CPO order?

B. Why did Dublin City Council agree to a clause in this agreement which stated that, if the CPO was effected, they (DCC) would convey all the future CPOed lands to Chartered Land, rather than put the contract to develop the site out to public tender? Was the City Council not legally obliged to put the contract to develop the site out to public tender under European directives on public tendering?

C. On the 20th of November 2006, at a meeting to discuss this agreement, councillors were informed (by way of memo) that the council signed this agreement with Chartered Land because Mr O'Reilly (developer/director of Chartered Land), had, in 2004, given assurances to City Council that Chartered Land had “based on ownership and contracts to purchase in existence at the time, irrevocable contracts".  How were such assurances given (verbally or in writing) and did Dublin City Council have sight of these contracts and are copies on record?

D. Why was Chartered Land given an assurance in this agreement that the CPO would not be triggered for what amounted to effectively 10 years, whilst the Carlton Group's lands were CPOed within 3 years of being granted a similar planning permission?

E. In 2006 Councillors were informed that the properties which were the subject of the CPO were, at that time, largely in the control of Mr O'Reilly.  Why were councillors not given a more complete picture as to the land ownership/control of the site in question? It would appear that in 2007 he was only the registered owner of a quarter of the lands in question?  

F. Why did Dublin City Council sign an agreement which in effect meant that if Chartered land failed to develop the site, Dublin City Council potentially could have had to pay significantly more to purchase the land back from Chartered Land than it had paid to purchase the land in the first place?

H. Did Dublin City Council agree to a clause in the agreement which provided that it would be the developer's bank (which we now know to be Anglo Irish Bank) that would chose an alternative developer if Chartered Land failed to develop the site?
I. Can the Manager provide all Councillors with a copy of the agreement referred to above?

CITY MANAGER’S REPLY
A report concerning the Carlton Site, O’Connell Street, will be circulated at the commencement of the Council Meeting. It will set out the Policy Context and Planning History in relation to the site. It also provides clarification to issues raised concerning the CPO Carlton Site, O’Connell Street during the TG4 documentary - ‘Iniúchadh – Oidhreacht na Cásca (“Legacy of the Easter Rising”), which aired on 17th October 2012 and will deal with the matters raised in this question.

 

Q137.  COUNCILLOR CIERAN PERRY
            Can the City Manager ensure that a comprehensive and relevant reply is issued in response to the following questions?

Have Dublin City Council ever implemented a local employment clause in any of their contracts similar to the current clause put in place by the Grangegorman Development Authority or previously by the Dublin Docklands Development Authority?

The reply to this question at last month’s meeting was unacceptable. The council should be aware of the local employment clauses in use by other state agencies and obviously the relevant legislation would have to be adhered to. Can the Manager ensure a comprehensive reply this time?

 

CITY MANAGER’S REPLY
It is the Council’s understanding that the Grangegorman Development Authority and the Dublin Docklands Development Authority have been in a position to include local employment clauses in their contracts in their role as Development Authorities.

It is the Council’s understanding that Development Authorities are subject to different procurement legislative requirements to those which apply to Dublin City Council.

Notwithstanding these procurement constraints, in the past, in relation to major regeneration projects, Dublin City Council has engaged informally with developers/contractors regarding local employment.

 

Q138.  COUNCILLOR CIERAN PERRY
            Can the Manager provide a report on the consequences for Dublin City Council of the setting up of Irish Water in relation to the following?
a) Job Losses
b) Control of Infrastructure  
c) Current DCC assets.

CITY MANAGER’S REPLY
The Government has indicated that it is proposed that Irish Water will be established, by legislation, to take over the functions of Local Authorities in relation to water and waste water/drainage services. A transition office has been established by the County and City Managers Association (CCMA) to oversee the transfer and to ensure that the interests of the Local Authorities and the staff involved in the delivery of the services is maintained.

It is not possible at this early stage to deal specifically with the issues raised in the question by the Councillor but it is not anticipated that there will be job losses as a result of the revised arrangements.

 

Q139.  COUNCILLOR CIERAN PERRY
            Can the Manager provide details of any sponsorship or funding provided by Dublin City Council to the following events:
a)      The Diageo commercial event known as ‘Arthurs Day’
b)      The Open House/Dublin Civic Trust pro-Israeli ‘Postcards of our City’ event.
Do DCC provide any funding to Irish Architecture Foundation or the Dublin Civic Trust?  

 

CITY MANAGER’S REPLY
The Events & Tourism Promotion Section did not provide any sponsorship or funding to the Arthur’s Day event or the exhibition Postcards of our City.
An advertising fee was charged for the use of the light poles banners.  A private company manages the design work and the installation of the banners.

This is the only real involvement that this Section had with these events.  It is our policy to have our logo on all banners that are placed on these poles because we effectively own the poles and the advertising space.

In 2011, a contribution of €300 was made to Dublin Civic Trust, through the Parks Department for Dublin Garden Squares Day, towards health and safety costs associated with the event.

DCC provide funding to the Irish Architecture Foundation in the sum of €30,000.00 per annum as a contribution to the yearly Open House programme.