• Minutes, Wed 12th Dec. 2007

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    Gill is the Clerk to the Rushen Parish Commissioners.

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    December 12th, 2007 by Gillian Kelly in Meeting Minutes

    Extracts of the meeting held on Wednesday 12th Dec. 2007 at Ballafesson Hall

    Present: Mr D Cain (Chairman), Mr P Vernon (Vice-Chairman), Mr P Gunn, Mr A Tinkler, Mr D Ronan.

    Matters Arising:

    1. Local Government Act

      Rates Estimates—the Clerk had provided Members with an eight month report and also a ‘probable’ 12 month report showing 07/08 estimate. Mr Ronan provided Members with the 2007/08 draft accounts to assist in assessing the 2008/09 estimates.

      The Clerk pointed out that the ‘Lighting’ was much higher than the estimate because MEA were slow in completing the job at Ballafesson Road and it was not paid in the previous year. £32,802 had been paid in the current year.

      Local Authority Election April 2008

      Letter from Carole Sutherland —
      ‘The Local Elections Act 1986 requires the Department to determine a date for the General Election for Local Authorities, which are due to be held next in April 2008. The Department has considered the matter and decided that Thursday 24 April 2008 will be the day for all Local Authority Elections to be held. A couple of Local Authorities requested that the Elections be spread over a number of days to assist with staffing arrangements and the Department gave serious consideration to this suggestion, however, a summary of past Local Elections was studied… and as you can see, in reality, the likelihood of the 24 Authorities all holding Elections seems improbable.

      Nevertheless the Department recognises the importance of encouraging suitable persons to put themselves forward as local councillors/commissioners and wishes to work with local authorities to this end. It is intended to produce a leaflet broadly outlining the roles and responsibilities of a local authority member and also launch a media campaign during January/February 2008 promoting the importance of attracting local men and women to stand for local government on the Island.

      Prior to the 2004 Local Authority General Election the Department held workshops for local authority staff involved in the election process and is willing to provide similar assistance again if local authorities think it would be useful. Please indicate on the reply slip provided whether your staff would be interested in attending a workshop (which will be held in the evening because of availability of those providing the training).

      The Minister wrote some time ago to local authorities and one of the issues he raised was that Board Members may wish to consider the current membership of their local authority and asses whether a deduction in numbers would be appropriate. Obviously if a local authority is considering this, steps should be taken as soon as possible, before the next election, and I would be happy to give advice in this area.

      A public notice will be placed in the local press notifying the 2008 Election date shortly and the Department intends to place a general Notice of Election public notice in newspapers for all local authorities at the beginning of the General Election period as it did in 2004, this will reduce costs to local authorities and also obviates the need for 24 separate notices.

      The Legislation and Policy Unit is currently reviewing the Local election Rules, Absent Voter Regulations and Local Election Fees (to allow for inflation and the additional polling hours). These revisions will be sent out for consultation prior to going to Tynwald.

      I look forward to receiving any comments you may have on any of the issues raised above.

      The Clerk would be the Returning Officer for the Election.

    2. Government Strategic Plan

      Nothing further.

    3. Audit Act 2006

      Nothing further regarding the DoLGE training sessions for the Responsible Finance Officers.

    4. Waste Management

      Refuse collection—A new contract was required as the 3 years with Jones Services was to expire on 31st March 2008. Various alternatives were discussed, including extending the present contract but it was agreed that it would be best to go out to Tender for a 3 year period.

    5. National Heritage Area

      Nothing further at present.

    6. MNH

      Nothing further at present.

    7. Street Lighting at Cregneash

      A letter had been sent to MNH informing them that the proposed lighting was to go ahead.

    8. MEA—Street Lighting

      Croit-e-Caley—the extra light would be put up very soon.

    9. Southern Civic Amenity Site

      Although no estimate had been received from the Amenity Site Board, Mr Cain was able to advise it verbally—£18,518. The Board had been concerned about possible increases in the cost of dealing with the compost but they had fairly substantial reserves which could be used.

    10. Traffic Matters

      Speed limits in Surby to Fleshwick. The Clerk had written to Hazel Fletcher, Traffic Engineer, DoT who had replied:–

      The Department is currently preparing a rural speed limit policy to ensure that speed limits are applied consistently across the Island. Until a policy has been adopted we are not progressing any rural speed limits unless they are instigated by accident investigation procedures. I will have your request put on the agenda for the STMLG meeting on 6th February when I should be able to give you an update on the speed limit situation. In the interim I will review accident statistics and traffic data. A member of the team will have a look at the repeater situation, although, again, this is not likely to be till nearer the STMLG.

      Mr Cain suggested that the lack of hedge trimming should be brought up at the Traffic Meeting. Many hedges were not being trimmed early enough and were a danger to road users.

      Plantation Hill—no pavements. The Clerk had written to DoT saying that she understood that this had been discussed in the past and questioned the reason it was not progressed—also what was the possibility of looking into it again

      No reply received as yet.

    11. Police

      Possible Cycle Way along the pavement on Shore Road to Fishers Hill. This had been discussed and the Police were hoping to make progress. There was even the possibility of extending it around the footpath to Scarlett, the kissing gates being a problem at the moment.

      The crime figures for the previous month were given.

      Chief constable’s Annual Report a copy received.

      The next meeting would be Thursday 13th December 2007.

    12. Litter, dog fouling, fly tipping, beach cleaning

      Beach clean—Bay ny Carrickey—CRHS. They had been sent the cheque and the school had emailed a thank-you.

    13. Ballafesson Playing Field

      Lease—had been typed out ready for signing. Mr Gunn was to speak to the landlord regarding the rental. It was agreed that they be asked to attend the next Meeting to sign the agreement.

    14. Croit-e-Caley, The Level, Carrick Bay View

      The Clerk had been in touch with Mr Rowaichi, Building Control. They had received an application in respect of works which were currently being checked for approval (by Building Control as they have planning approval for the two houses). Noted.

    15. Car Park, The Howe

      The Clerk had contacted Carole Sutherland, DoLGE to see if it was permitted to spend money on leased land. She said that RPC could spend money on the car park under the Recreation & Leisure Act even if they did not own it. If it was leased for under 7 years Department approval would not be required, longer than that and it would be. DoLGE don’t give grants for car parks but the DoT are responsible for any grant assistance to Local Authorities with regard to car parks.

      The Clerk had then written to the Water Authority asking of they would be interested in leasing the land to RPC.

      No reply received as yet.

    16. Newsletter

    17. Web Site

      Mr Ronan reported that this was ready to be launched but required more information on it. It was suggested that the history of RPC could include a list of past Chairmen and information from the early Minute books.

    18. Hedges & Verges

      High Hedges Act.

    19. Municipal Association

      There was to be a Seminar on 23rd January 2008 at the Strathallan Suite on Waste Management and Recycling. Mr Gunn, Mr Vernon and the Clerk were to attend.

    20. Southern Swimming Pool

      Mr Ronan reported that there had not been a meeting in November and the next one would be on the following Thursday.

    21. Southern Health Committee

      Mr Tinkler reported that a Public Meeting had been held regarding First Responders. It was to be run under the St John Ambulance, using their insurance. The Rushen Ambulance Committee is getting involved and their equipment would be available.

      The AGM of the Committee would be held 24th January 2008. Mr Eddie Teare, Minister for DHSS, would be there to talk about health and care issues. Mr Tinkler asked if anyone had any issues to be brought up to let him know.

    22. Rushen Ambulance Committee

      Mr Vernon said that the current issues had been dealt with by Mr Tinkler in the previous item.

    23. Marashen Crescent Housing

    24. Southlands

      Reply from Mr Swithinbank, Director of Social Services—dated 20th November 2007.

      I am writing in response to your letter of 12th November 2007, regarding Southlands Resource Centre. I am aware that concerns have been expressed about under utilisation of this facility from various quarters. However, within the limitations of budgetary and head count restraints I believe it provides a valuable community resource for people living in the South of the Island.

      Under one roof it currently provides 48 residential places, 3 of which are for short term (or respite) care, and 12 are now for people of increased vulnerability due to the onset of dementia or similar conditions. Previously the latter group may have needed to move outside the area to receive appropriate care and support. IN addition, 12 places are available for Elderly Mental Inform (EMI) care. Recently, a new scheme, the Hospital to Home Service, has opened in a previously unused area of the building. This provides care and support to enable people to make the transition from hospital back to their own hoe successfully. Five people from the South of the Island have already benefited from the availability of this service. Over the year we expect at least 16 people to access this service. It also provides a day service run by Age Concern on our behalf and an EMI day service provided by the Department. Age Concern also run a computer drop-in centre in partnership with us. It has been, and continues to be a very busy facility.

      It is the case that when the Eastern EMI unit is opened the current residents and staff of the Surby Unit will transfer to it. Currently Surby operates as a Douglas area resource. Moving that facility from Douglas to the South aided the redevelopment of the Ballamona site and provided a better quality environment for residents.

      As part of the process of opening the Eastern EMI unit to enable people to return to their own home town, the Department will look at the possible future use of the vacated space in Southlands. The Department is seeking to provide people with greater flexibility and choice in their care options by providing alternative services to residential care. We will look at various options for the use of any capacity in Southlands with a view to improve the quality and choice of options available to benefit people in the South of the Island.

      With regard to waiting lists the Department and Resource Centre do not operate such a system. People access our services on the basis of need, assessed by our social work teams.

      In conclusion, the Department is considering options for the use of capacity gained in Southlands by opening he Easter EMI unit. We will take into account potential need, resources available and the desire to provide flexible service response, choice and quality in the provision of care. As part of this process we will keep you fully informed and consulted as appropriate.

      I hope this address your concerns but please contact me if you have any further queries.

      Andrew Swithinbank, Director of Social Services

      This was noted.

    25. Local Government Housing Standards

    26. Digital Camera

      The Clerk had not been able to get into Douglas to look at these. Mr Ronan had a brochure showing various types of camera. It was agreed that Mr Ronan and Mr Tinkler should have a look at what was available in Douglas and purchase one.

    27. Secret Gardens in Rushen

      Mr Cain had spoken with Mrs Maddrell and informed her that RPC were in favour of the proposal. It was left to her to look into the organising of it.

    28. Ballakilley Land

    29. Southern Area Plan

      Meeting to be held 10th January 2008 at 7pm at Rushen Primary School.

      Letter from Ian McCauley which had been circulated. The initial meeting would be with all Southern Local Authorities, with the Minister and others from Planning present. There would then be meetings with each individual Local Authority.

    30. Revenue

      Rents 1,116 23
      Searches 20 00
      Second bin charge 10 00
      W/bin (inc. VAT) 47 00

    31. Accounts for Payment

      (Including VAT where appropriate)

      Jones Services 2,171 71
      Clerk’s Salary 750 00
      Manx Telecom (now monthly) 14 66
      (should be 51.39—‘credit’ taken off)
      MEA Maintenance (Oct/Nov/Dec) 1,087 51
      Salamander Services (boiler at No. 2) 63 00

      Mr Murray Cringle and Mr Brian Rae were, once again, going around the area with Santa’s Sleigh. It was agreed that they be given a donation and this to be £5 more than last year.

      It was agreed that the above accounts be paid.

    32. Financial Situation

      Current ‘Rates’ a/c 1,000 00
      Liquidity Manager (‘rates’) 73,450 00
      Fixed Term (‘rates’) 32,851 03
      Rent current 4,150 35
      Housing (maintenance) 2,535 34

      The bank statements had been brought to the meeting and seen by the Members.

    33. Correspondence

      1. 3rd Supplemental List 2007

        Rateable Value Total—as at 1st Dec 2007 was £117,168

      2. Letter from DoT—Lighting provision on Public Highways (Highways Act section 9.2 and Local Government Consolidation Act 254 refers)

        Present situation—Local Authorities have power to provide street lighting within their district under s.254 of Local Govt. Consolidation Act 1916.

        Street lighting for new developments will normally be provided by the developer and adopted by the Local Authority for future maintenance.

        Some Local Authorities have contracts with the MEA or a private contractor for the maintenance of street lighting.

        Presently, the Department of Transport have no power to carry out lighting works (as stated in the Highways Act 1986 s(.2) “without prejudice to the powers of improvement specifically conferred on the Department by the following provisions of this part, the Department may carry out any work (including the provision of equipment) for the improvement of a highway, other than work for lighting it”.

        Proposal—The Department would wish to change s9.2 to include lighting works. The intention would still be for the Local Authorities to adopt and maintain the street lights as currently exists, but to allow the Department to carry out lighting work associated with improvement schemes and to ensure that the standard of lighting on strategic highway networks meets with current guidelines and standards.

        It is proposed that Section 9.2 above would then end with “including work for lighting it, and determining standards for provision by others”.

        The Department would welcome your views on the proposed changes and would appreciate your response by 19th January 2008.

        The Clerk pointed out that, whilst Members may feel that they could get new lighting paid for by the DoT they should take into account that the DoT would want to install lighting in line with certain regulations regarding numbers of lights per area and that may be far more than RPC would feel desirable. They could even put lights in where the Board and the Residents did not want lighting. The Local Authorities would be left to pay the maintenance and the running of all the extra lights.

        It was agreed there was the possibility of DoT putting in grand schemes and that DoT were to be informed that the Local Authorities must have input and have the final say in any scheme the DoT would put forward.

      3. Survey of facilities with the potential to be utilised for indoor sporting

        Letter from Andy Varnon, Manx Sport and Recreation. He was asking Local Authorities if there were any existing community based facilities that could be used for sports activities (needed to be size of approx. 3 badminton courts 24×17 metres).

        Members could not think of any such facilities in the Parish.

      4. SportErin (Southern Nomads)

        They had recently set up a charity SportErin—‘in order to raise funds for the following causes: to raise fund to provide a permanent pitch for Southern Nomads RUFC; to raise funds to facilitate the provision of sporting facilities for the south of the IOM; to encourage the ongoing participation in rugby on the Island; to encourage the ongoing participation in all sporting activities across the Island’. They also ‘realise the importance of publicity and the need to become a more ‘household name’ throughout the south of the Island and realise that one of our major assets is that of our current membership. Bearing these two things in mind we are keen to offer our services for any projects that require a group of ‘large’ men to work within the community.’

        A reply to be sent that RPC would keep them in mind.

      5. Rally Isle of Man

        Dates for the 2008 Rally Isle of Man, which included the Isle of Man International Rally, Isle of Man Historic Rally and the Isle of Man Trophy Rally are—Reconnaissance: 12/13 and 16/17th July; Rally 17-19th July.

        Noted.

      6. Christmas Celebrations

        Port St Mary—8th December at 7 30pm at Mount Tabor.

        Malew—18th December at 7 30pm at The Abbey Church.

      7. Road Transport Licensing Committee

        Applications, Decisions and Notices.

        Noted.

      8. Highways Monthly

        Noted.

      9. BACS payment by Treasury

        The Clerk said she preferred not to receive general Government payments by BACS as they had, in the past, combined housing payments with other general payments which caused problems with bank accounts.

      10. Island in Bloom 2008

        Noted.

      11. IOM Employment Law Update

        Noted.

      12. Housing Consulatative Conference—Thursday 4th March 2008.

        This would be held in Douglas, between 10 and 4. Members as well as Officers could attend and there were no restrictions on the numbers. The Clerk would attend.

      13. Harbours Bill

        Draft for consultation—views by 31st January 2008. The Clerk had emailed this to Members but not printed it out as it was rather large. Mr Vernon was to read through it and report back.

    34. Planning Approvals

      1. 07/1941. Field no. 414361. Surby Road. Mr N Kinley.
        Erection of a horse shelter

        Usual conditions include: 3. The shelter must be finished in dark brown or dark green materials. 4. The building may only be used for the shelter of horses or agricultural animals.

        Decision—Director of Planning. Issued 3rd December 2007.

      2. 07/1745. Hillcrest, Glen ChassRoad. Mr K M Entwistle.

        Installation of replacement doors

        Usual conditions. Decision—Director of Planning. Issued 22nd November 2007.

      3. 07/1821. Ballachurry Farm, Ballafesson. Brandywine Ltd and Mr & Mrs S D Clucas.

        Conversion of existing farm outbuildings to create five residential units, garages, parking and creation of a new vehicular access and driveway

        Conditions: 2. This permission relates to the conversion of the existing buildings on site to residential accommodation, together with a new access shown in drawings HLK/07/0112/1;2;3;4;5;6;7;8 and 9 inclusive. 5. Notwithstanding the provision of the Town and Country Planning (Permitted Development) Order 2005 …no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval). 6. Notwithstanding the provisions of the Permitted Development Order 2005 no windows may be replaced other than in accordance with the permitted drawings. 7. All roofing must be in dark grey natural slate. Note—It is suggested that the applicant consider the use of reclaimed material from the site in the development hereby approved.

        Decision—Planning Committee. Issued 4th December 2007.

      4. 07/1830. Castruan, Cregneash. Manx National Heritage.

        Alterations to dwelling

        Usual conditions include ‘note’: Rushen Parish Commissioners recommend that the applicant consider the implications of removing the existing porch in terms of the protection it presently provides from the prevailing weather and whilst in no way opposed to the removal of the porch, would recommend that the applicant consider creating a lobby to improve he insulation of the property and reduce heat loss.

        Decision—Planning Committee. Issued 5th December 2007.

    35. Planning Refusals

      None.

    36. Planning Appeals

      1. 07/1350. Part of field 2368 Croit-e-Caley. Hartford Homes.

        Appeal against approval of revisions to approved dwelling (02/1097) including alterations to front entrance porch and door and window arrangements to south elevation.

        Appeal documents received. It was to be considered on the written submissions with the Inspector visiting the site prior to making his/her recommendation to the Minister for DoLGE

    37. Other Planning Matters

      None.

    38. Completion Certificates

      1. 07/7118/DEX. West View, Surby Road, Surby. Mr K McArd

        Alterations and extensions to provide an en-suite bathroom and utility room. Dated 21st November 2007.

    39. Any Other Business

      1. ‘Wetland Area’, Ballachurry

    40. Date of Next Meeting

      Wednesday 16th January 2008.

    Note—Full minutes can be viewed by contacting the Clerk.

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