• Minutes of the 17 May 2017 Meeting and AGM

    July 4th, 2017 by Stan Pilling in General News ·Meeting Minutes


                                             RUSHEN PARISH COMMISSIONERS

    Annual General Meeting and monthly Board Meeting                           held 7pm Wednesday 17th May 2017 at Ballafesson Hall.


    This was the final meeting for the Clerk, Mrs Gillian Kelly, who was retiring on 28th May after 21 years as Clerk. She said that she had only missed one meeting during that time.

    Mr Philip Gawne, the incoming Clerk, who would take up the post on 29th May, attended the meeting as an observer.

    Present: Mr P Vernon (retiring Chairman), Mr P Gunn (incoming Chairman), Mr D Radcliffe, Mr S Pilling, Mr J Young                                                                      The Clerk, Mrs Kelly, was in attendance.

    1. MINUTES: The Minutes of the Meeting held Wednesday 19th April 2017, having previously been circulated, were taken as read. Mr Radcliffe proposed, seconded by Mr Young and all agreed that they were a true record and approved for signing.

    Mr Vernon, as retiring Chairman, thanked the Board for their hard work and support. There had been lots going on and he appreciated the input which all Members had given. He also thanked the Clerk for overseeing the process of selection for the new Clerk. Mr Vernon also thanked the Clerk for all her years of work for Rushen Parish Commissioners.

    The Clerk said that all-in all she had enjoyed the past 21 years as Clerk although it was a very different job in the early days . It was more than ‘just a job’ more a way of life and she felt that she could say that she had been dedicated and loyal to the Board and to the people of Rushen. She hoped that they would agree. She would miss the work as it had mostly been very interesting and miss working with the various Members of the Board.



    CHAIRMAN:   Mr Peter Gunn was proposed by Mr Vernon, seconded by Mr Pilling and agreed by all. Mr Gunn, who had been Chairman of the Board several times, was pleased to accept. He hoped that everyone would work together amicably and in a courteous manner. He also endorsed the thanks to Mrs Kelly for so many years of service to the Board as Clerk.

    The new Chairman then took the Chair.

    VICE-CHAIRMAN: Mr David Radcliffe was proposed by Mr Pilling, seconded by Mr Young and agreed by all.

    2. a) Southern Civic Amenity Site. (3 year) Mr S Pilling remained as representative.
    3. b) Swimming Pool Board (3 years) Mr D Radcliffe remained as representative.
    4. c) Marashen Crescent Elderly Persons Housing Board (3 year) Mr D Radcliffe remained as representative.
    5. d) Municipal Association (annual). Mr Gunn had been representative for many years and Mr Vernon proposed, Mr Pilling seconded and all agreed that he should remain as representative.
    6. e) Southern Healthcare Committee (annual)  Mr Pilling agreed to remain as representative.
    7. f) Rushen Ambulance Committee (annual) Mr Pilling agreed to remain.
    8. g) Allotments Committee (annual)   Mr Young volunteered to be the representative on this Committee. It had sat only once, several years ago. The new Clerk was to make enquiries from Port St Mary Commissioners regarding this once he was in Office.
    10. a) DoI/Local Authority Issues:-

    Letter from Hon Ray Harmer, Minister for DOI. received by email and fwd 9/5.

    “I am writing to introduce myself in my capacity as Minister for the Department which holds responsibility for engagement with the local authorities.                                                                              Having come from a Local Government background, I firmly believe that the role of local authorities is an important one in the local community. My predecessor worked collaboratively with the local authorities to explore options for the transfer of services, and which resulted in the transfer of certain highway functions to the local authorities in 2015.                                            I would wish to continue this open dialogue with the local authorities, and whilst I do not hold any preconceived views on the direction of local government transition, I would be happy to look at ways for introducing more enabling power to provide local authorities with the opportunity to deliver more services locally, should they wish to do so.                                                    As you will be aware preparations are ongoing to extend the Freedom of Information Act 2015 to the local authorities from January 2018. In order to assist with this, it is suggested that all authorities look to publish as much information in the public arena as possible. To help, I am looking into the possibility of introducing a central area online where information can be easily shared between the local authorities and members of the public. This could work by supplementing the information some of you already set out on your own web-pages by providing a centralised area where information can be viewed and compared. For instance, details could be included on the rates set by each Authority, along with their annual accounts, and other information. I would be interested to hear your Authority’s views on this, and whether there are any areas you would wish to see included should you believe this would be something which could be of benefit to you.   Hon Ray Harmer, Minister for Infrastructure.”

    Mr Gawne offered to prepare a briefing paper in time for the June Meeting regarding ‘big project funding’. Mr Pilling proposed that Mr Gawne should do this.

     Local Authorities; Waste Management and other such topics:-

    1.Political WWG. Next meeting 17th July, 6.30 at the DOI Boardroom at the Sea Terminal . Prior to that a report from the Officer WWG meeting on 11th May should have been received. The Clerk pointed out that the Board should have their views agreed on all the aspects of waste management which the OWWG and its smaller working group had agreed should be recommended to the OWWG. As what they may recommend may not be the views of RPC the views were required for Mr Pilling, who was now RPC’s representative on the PWWG, to argue against or to support.

    Officer Waste Working Group – the Clerk had attended the meeting on Thursday 11th May. There were only 9 Clerks there including 2 from Amenity Sites. The Clerk had sent all Members a copy of the Agenda. Findlay Macleod, MD of IOM Creamery was there and gave information on packaging, in particular poly bottles and also cartons. This was with regard to recycling. They would like to stop using the poly bottles as they are expensive to import compared to cartons. If they could get rid of the poly bottles it would be a big saving for them. However, he said that people like them as they were easy to pick up and handle.  66% of the milk is sold in poly bottles. The Creamery is considering a new carton from Tetra Pak where the carton and cap are both made of bio-based material.   As most of the cheese goes off the Island the packaging for that is not a big issue. Yoghurts are in plastic tubs.

    The recycling of the cartons was discussed and the Clerk had asked why this was even being discussed when the EfW needed such calorific refuse and also in light of bringing in RDF. Some of those present said it was because of the cost of sending refuse to the EfW.

    With regard to RDF (refuse derived fuel) – they are going to have a trial run of the EfW at 90% capacity to determine cost efficiency. The legal problem re the prohibition of importing RDF still remained.   DEFA were dealing with this.

    5 b) on the OWWG agenda – Incentivising recycling: ‘the OWWG to review options for incentivising LAs to take action to decrease the amount of targeted materials remaining in the residual waste stream…’ The OWWG are to look at and recommend a way forward – however there was also a sub-OWWG of 5/6 Clerks who meet and deal with these and other matters and it was they who will be meeting on 26th May to discuss this. The Clerk pointed out that it was therefore just a small group of Clerks who were doing this and making recommendations to the PWWG.

    5d) Bring bank recycling scheme – Waste Management /the Department – instead of the Memorandum of Understanding re having bring banks on land owned by LAs they are now going to have a Licence. This is on the advice of the Attorney General. Clerks attending were given a draft of this and various suggestions were made for changes or additions and the Clerks were to look at it closely and make any further comments. This would then be put together for the consultation of Local Authority Members. However, it had to be completed by the end of June as the collection contract was due to run out then.

    5 e) Interpreting the PHS 1990 which said that refuse from schools, residential homes, etc etc should be commercial and charged the commercial cost of £165 per tonne. Almost immediately after receiving this in 1990 all Local Authorities received a letter from the Department saying that the refuse from schools, residential and nursing homes, etc was to be regarded as ‘domestic’.   The Clerk had informed Members that the Officer WWG/ and Stephanie Gray seemed determined that it should be commercial. They wanted to know how each LA charges (including charities) for the waste from these groups so that they can have ‘a standard approach’

    Next meeting – 6th July – 10.30am at Ballacottier.

    2) All Island Clerks Forum.   The meeting to be held on 4th May in Ramsey Commissioners’ Office had been cancelled due to many Clerks not being able to attend. The next one to be 10am 7th July at DOI Boardroom, Sea Terminal.

    3) Freedom of Information & Public Records Retention   email from LGU. Angela Skitt in the Public Records Office was looking to set up a working group with a cross section of LA Clerks to discuss records management and to look at drafting up a template records retention schedule. ‘The intention would be to then share the Working Group’s draft retention schedule amongst the local authorities and which will allow for you all to tailor it to your own operational needs. The Public Records Office would be happy to meet with individual local authorities to guide your through this process.’ This was noted.

    4) Members’ Declaration of Interests Record Book. Mr Gawne was reminded that he would have to write all his interests in this book when he became Clerk. Mr Gawne declared that, since being informed that he had been chosen by RPC as their new Clerk he had become a Trustee of Manx National Heritage.

    1. b) Ballakilley Land
    2. i) Rushen Recreational Area. Emails from Juan Watterson MHK and Kristian Edwards re any progress?                                                                                                                             Ballakilley Working Party – which was disbanded in the old format but to be updated once Nomads were sorted out:- Port Erin Commissioners had nominated their reps at their AGM – Mrs Barbara Guy and Mr Adrian Tinkler. It was presumed that Port St Mary Commissioners’ representative would remain as Mrs Bernadette McCabe Williams.
    3. ii) Southern Nomads. –  private session

    iii) Possible dog walking/exercise area. This had been suggested at the April meeting. It was agreed that it was a good idea to have a fenced off area in the Barracks field where owners could let their dogs off the lead to run free. There could be trees and seats to enhance the area. It was agreed to have a site meeting at 10am Monday 29th May.

    1. iv) Rushen Burial Ground Authority
    2. iv) Church Field  There had been no further communication from the RBGA.
    3. v) Dandara – access to their compound. Further clarification has been sought be the entrance.
    4. c) Waste Management, Refuse Collection, Roads, Gullies and Hedges .

    Jones Services Ltd.  No problems at present. Email received asking for agreement to the increase as per the Contract for roads, hedges and gullies. Agreed.

    Southlands. No problems at present.

    Hedges, Road Sweeping & Gullies – The first of the hedges to be cut on safety ground would be in June. The Clerk would ensure that the list of hedges to be done at various intervals would be available for the new Clerk.

    Pavement from Ballachurry to Ballakillowey roundabout. At the Chairman’s request Mr S Booth had cut back the hogweed.

     d) Lighting:    LED lights and maintenance costs. No queries made yet.

    Bus Shelter – The Level. The Clerk had informed the MUA that RPC would not be interested in progressing the lighting installation if it was going to cost this amount. Nothing further had been heard from them.

    1. f) Traffic & DoI Highways.

    Shore Road – nothing further although there was surveying work being carried out.

    Junction at Honna Road and Surby and also Ballachurry Corner. The white lines had still not been painted.

    1. g) Police: Mr Vernon had been unable to attend the Meeting on 25th

    Re; JY’s report on children being a nuisance in Ballafesson – as instructed the Clerk had asked the Police to make regular patrols.   She had also reported to DSC Housing the old trampoline which had been left by an outgoing tenant and which was considered a danger to children. They said they would do something \about it.  This was noted.

    Next Meeting 2.30pm 13th June, Malew Commissioners’ Office.

    1. h) Dog bins; fouling; Litter bins; Beach Cleans; Fly tipping;

    Dog fouling – Complaints from dog walkers re dog fouling on Meayll Hill.

    Bylaws re dog fouling.      Mr Young reported on his progress with the draft bye laws and had emailed it to all Members and the Clerk. The Clerk had sent him various information including information she had obtained from MNH (Manx Museum and National Trust) regarding the bye laws they had in place on all of their land . They didn’t have any bye laws regarding dog fouling and the removal of it.   Mr Vernon proposed, seconded by Mr Pilling and all agreed that this should go ahead. Mr Young wanted it to come into force in January 2018. He was advised that this may be unrealistic as public opinion was to be sought and an advert needed to be put in the paper and, presuming the public agreed it would have to go before Tynwald. Mr Gawne advised that a more realistic date to come into operation would be Autumn 2018.

    Mr Young was thanked for all his hard work in drafting the bye laws.

    CCTV – Mr Vernon reported that he had received no further information from his inquiries.

    Dog bin – Garth Avenue. The Clerk queried the suggested place in the cul de sac in Garth Avenue as she thought that if it was put at the end in the hedge people may not see it or want to use it. If it was to be put in a pavement she would have to obtain plans regarding the various services which may be underground to ensure that digging to put the pole in didn’t hit any of them. Mr Young was to look for a different place to put a bin.

    DNA Testing of Dogs – Proposed Amendment to the Dogs (Amendment) Bill Nothing further at present.

    Fly Tipping; There had been a complaint from the Police and from a resident regarding a fly-tipped TV and stand and broken glass. These had been forwarded to Members. The Clerk had contacted the MNH Site Manager at Cregneash and the Properties Manager, forwarding the information. As this was MNH owned land, in part, they would be responsible for clearing it. After the Site Manager failing to find the TV, the Properties Manager was able to locate it and removed it and the broken glass.

    Mr Pilling reported that a TV had been dumped in the hedge on Ballacurry Road. The Clerk was to locate and remove it.

    Litter – Mr Radcliffe offered to arrange a meeting between RPC, Juan Watterson MHK, Laurence Skelly MHK, Bill Dale of Beach buddies and possibly others.

    Mr Radcliffe said that he had been talking to Jane Glover of Arbory Commissioners, who was involved with the TT Races. They had been discussing litter problems and she had also spoken to Rob Callister MHK and Member of DED. They had discussed dealing with the litter problem at TT and advertising on radio and elsewhere asking people to dispose of their rubbish in bins. All agreed that this was a good idea and Mr Radcliffe was to progress this.

    Mr Radcliffe said, with litter problems in general, people’s way of thinking needed to be changed. He mentioned bringing in Litter bye laws the same as the draft dog bye laws.

    1. i) Playing field nothing further at present.
    2. j) Web Site Members felt in general that there was not a lot wrong with the present web site and Mr Young said he would look at it later in the year.
    3. k) Southern Civic Amenity Site  (Southern Recycling Centre)  Mr Pilling reported that it was the AGM the following evening (18th). Alan Grace for Port St Mary was stepping down as Chairman.  With regard to the Site Mr Pilling said that there was a need for a better flow of traffic on the site. A CCTV system was to be installed.
    4. l) Municipal Association  AGM 25th Mr Gunn and the Clerk to attend.
    5. m) Southern Swimming Pool Authority  Mr Radcliffe reported that the AGM would be held on Thursday evening.
    6. n) Marashen Crescent Elderly Persons Housing Authority. Mr Radcliffe reported that the AGM had been held a fortnight ago. He had been made Chairman.
    7. o) Southern Healthcare Committee Mr Pilling reported that the next meeting would be on 15th June but he would be unable to attend due to there being an Amenity Site Meeting.
    8. p) Manx National Heritage  Complaints received from the Police about a TV fly-tipped by one of the pill-boxes. Reported in 5 h) Fly tipping.
    9. q) Risk Assessment  Health and Safety. (appointing a new consultant is to be left until the new Clerk was in place).
    10. r) Grass Cutting : This was now ongoing.
    11. s) Port Erin Commissioners – boundary extension proposed by them to take part of Ballakilley residential development.  Nothing further from the LGU.
    12. t) Parking Area at rear of Reart y Cronk. Sign to be ordered and Mr Booth to install.
    13. u) Stream at Qualtrough’s Lane/Fairy Hill. Mr Young reported that there was a smell coming from it at times. He had looked but couldn’t see anything which may be causing it.
    14. v) Manx Whippy. Mr Whyman’s request for a Trading Licence. It was agreed he could be granted a Licence for 1 year. There would be an administration fee.   The Clerk to issue the licence .

    This can be read at the Clerk’s Office by phoning 834501.

    2. a) Rates Statement 2016/17. Local Authority Rate – total collectable – £103,392.32; collection charge £1,421.27. Paid to Authority £101,971.05.   Refuse Rate – fixed charge – total collectable £46,131.30’ collection charge £631.10. Paid to Authority £45,500.20.
    3. b) Tynwald Day – Grandstand tickets. Tynwald Administration are allocating the Grandstand tickets for this year’s ceremony – Wed. 5th July, and are able to supply two tickets and a car park pass for the Chairman. RSVP by 19th The Chairman would be unable to attend.
    4. c) Consultation on consultations this had been on the agenda a couple of months ago. Email received saying that the results were available. Fwd 12/5. This was noted.


    2. a) 17/00468. Oakfield, Croit e Caley. Joyce and Graham Postlethwaite. External alterations: front elevation – window to replace double doors; side elevation – door and side panel to replace window. No objections
    3. b) 17/00454. Kilravock, Shore Road, By ny Carrickey. Mr D Corrin. Amendments to approved PA 16/01160, demolition of existing and erection of a replacement dwelling. Erection of a storm porch, alterations to windows and doors within western side elevation, alterations to pedestrian gate access. No objections
    4. c) 17/00453. Grey Winds, Mount Gawne Road. Mr S Riding. Demolition of conservatory to rear elevation; demolition of flat roof part of bedroom 3 to rear elevation; replacement single storey extension to the rear elevation. No objections
    6. a) 17/00263. 2 Carnane View (plot 167) Ballakilley, Church Road. Dandara Homes Ltd. Erection of dwelling (amendments to dwelling approved under PA 15/01308).   Decision – Senior Planning Officer. Issued 26th April 2017.
    7. b) 16/00934 Part field 411755 Off Mull Road, Ballnahowe. Cheeseden Investments Ltd. Deposit of inert waste material and remedial work to restore site to heath land (partial retrospective).     Conditions include 1. A method statement outlining how the proposed remedial works, to include a soil specification and timescales by which time the remedial works are proposed to be undertaken as well as a management place shall be submitted to and approved in writing within 6 months of the date of the decision notice; 2. The development hereby approved shall be undertaken within 18 months from the date of this decision notice, or within 12 months of the approval of the method statement outlined in Condition 1 being approved, whichever is sooner. Decision – Planning Committee. Issued 9th May 2017.
    8. c) 17/00311. Surby Mount, Surby Road. Mr & Mrs P Kneen. Conversion of outbuildings and garage into tourist and residential accommodation with associated parking.   Conditions include – 2. Prior to the occupation of the accommodation, the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter. Decision – Senior Planning Officer. Issued 9th May 2017.
    11. a) 13/07461/DOM. Plot 146, land at Ballakilley, Church Road. Heritage Homes. Erection of 4 bed detached dwelling ‘Rowan2014’.   Issued 21st April 2017.
    12. b) 16/07211/DOM. 4 Carnane Lane (formerly plot 152) Ballakilley, Church Road. Dandara Homes Ltd. Erection of 3 bed detached bungalow with single garage (Elm House type). Issued 12th April 2017.
    13. c) 97/07429/DEX. Victoria Lodge, Surby Road, Surby. Mr J Barton. Issued 27th April 2017.
    14. d) 99/07424/DEX. Church Farm House, Cregneash. Manx National Heritage. Issued 27th April 2017.
    15. PLANNING APPEALS       none
    17. a) Demolition Order – Kilravock, Shore Road, Bay ny Carrickey. Mr D Corrin. Demolition of property and garage as per planning application 16/01160.  Notice of approval and conditions re the demolition received.
    19. a) Parish Walk Sat. 17th Ray Cox, organiser of the Parish Walk had been in touch asking if they can use the Church Field for a car park. This was agreed and the field would require cutting prior to that.   The Clerk said she would put an advert in the Courier for this field and the Barracks field for one cut of silage – 12.5 acres.   She would also ask Central Marts to put it on their website.
    20. b) The Legion Hall, Port Erin. Mr Pilling said that this was run by a Trust and they wanted to upgrade the gardens to make raised beds and make wheelchair access. They were looking for some financial support. It was agreed that £250 be given but Mr Pilling would need to let the Clerk know who to make the cheque out to.
    21. c) Wall partially collapsed on Ballafesson Road. Mr Radcliffe asked if anything had been done about this and it was pointed out that it was in Port Erin District and it was not known if they or DOI had asked for it to be repaired. The Clerk was to write to Port Erin Commissioners to ask if they had requested that the owners repair it.
    22.  DATE OF NEXT MEETING   Wed. 21st June 2017.                              The first meeting for the new Clerk.

    As there was no further business for pubic session the meeting went into private session at 9.55pm