Meeting of Modbury Parish Council Meeting

Monday 12th June 2017 at 7.00 PM

Pavilion, Queen Elizabeth II Recreation Field

MINUTES

Apologies: Cllr gilbertMs Turner

Present:Mr Taylor (Chair), Mr Barnes (Vice-Chair), Ms Brown, Ms Shepley, MessrsWeeks, Berry, Ward, Rosevear, Joseph, Cole. Also present Cllr Huntley,PCSO Ryan, Sgt Green and 3 members of the public.(Commenced 7.01pm)

Open Forum:

The Grass cutting contractor needs chasing up as the grass is getting too long to cut. Later item of Slow Worm mutilation to be considered.

Police Report given by PC Ryan Hayhurst/Sgt Dave Green (Neighbourhood Team Leader)

Total of 3 Crimes between 07/05/17 and 12/06/17. This can be broken down to 1 x theft; 1 x public order offence; 1 x offence against a child. During the same period last year there were 2 crimes. (Messrs Cole and Joseph arrived).

Crime figures have increased by 10-11% in the county. This is mainly due to the recent changes to the way in whichcrimes are recorded. Minor definitions in crime can make someone feel they have been a victim in crime. Until recently abreak-in or theft from a shed or garage within the curtilage of a property would previously have been recorded as a non-dwelling burglary. Now it is recorded as a house break giving the appearance of an increase to house break-ins. Modbury still remains a very low crime area even though nationally there has been an increase. There has been consternation about the increase in sex offences. The offence referred to above involves a 14 year old who committed the crime of sexting. If a teenager sends an intimate image of themselves to another teenager - even with consent, it is technically the offence of producing and distributing child pornography. Part of the rise in sexual offences is because of this. The police always try to deal with similar crimes it by educating the perpetrator/victims them rather than dealing out criminal records.

Mr Cole read out a letter he was going to sendregarding excessive noise from motorbikes passing through; and requesting speed monitoring and information on permitted noise levels. As it was likely this letter would be directed to Sgt Green he was able to answer. Spot checks are possible but there are other competing priorities. The noise from bikes was more likely to be due to the manner in which the bikes were driven as MOT testing would pick up defective/illegal exhausts. If residents think offenders are local then please give their registration numbers to the police so they can do something. Speeding impacts on road safety but noise doesn’t.

17.074. Declarations of pecuniary and other interests

a)Mr Joseph declared an interest in planning item 101 as it is his property;

b)Mr Cole declared an interest in Minute 17.075. below as the applicant helps as a driver for Modbury Caring.

c)Mr Barnes declared an interest in an Appendix 1 payment to the Editor of the Messenger;

d)Mr Rosevear declared an interest in an Appendix 1 payment to Modbury Information Centre.;

e)Mr Taylor declared an interest in an Appendix 1 payment for reimbursement of out of pocket expenses.

17.075. There was only one applicant for the casual vacancy for a Councillor - Mr John Harvey, who was therefore, duly co-opted as Modbury’s newest member of the Parish Council.

District Councillors’ Reports.

Cllr Huntley had been busy campaigning for the recent election. As such, there was not a great deal to report on since the last meeting. However she had been updated on a point she raised with Cllr Gilbert at the last meeting, about the mooted £40 additional charge for refuse collection which apparently, will not now be charged.

Questions

  • Mr Cole chased up the fact there was still no resolution of the signage situation at New Mills Industrial Estate. She had heard nothing from Debra so will contact her. She agreed to attend a site meeting with Mr Cole to further this matter; and also the issue with the overgrown bushes which are blocking streetlighting.
  • Mr Weeks raised concern that the DCC Highways verges are increasingly being used for undesirable duplication of estate agent signage which also introduces impediments for the grass cutting. The problem is that contractors are employed by Agents to erect these boards, not the actual Agents. Cllr Huntley will contact the Estate Agents and ask for removal of any signs which are not within private property boundaries.
  • Mr Cole asked about the previously discussed subject of people being charge for disposing of tyres by SHDC tip when they are helping the local authority by removing fly tipped debris, and felt this needs addressing.

Devon Councillor’s Reports. Read out by Clerk:

  • Mr Keay had replied to the Clerks hastener about Barracks Road/Dark Lanecontinuing to be a problem for pedestrians;and chasing the results of the SCARF assessment. Mr Keay said he was hoping to have taken the results to the next meeting of the SCARF team (speed compliance action review forum) before passing on the results to everybody but that has not happened due to availability issues. The results of the assessment during 5th September and 11 September 2016 (on a 24 hour average) were:

Southbound - mean speed 25.8mph; 85th percentile was 34.4mph

Northbound - mean speed 25.0 mph; 85th percentile was 33.3mph.

When looking at the data the mean speed is generally used to see if there is a speeding issue and the

85th percentile is used to judge what isan appropriate limit.Modbury is a 30mph speed limit by virtue

of a system of street lighting so 30mph repeater signs are not used. Mr Keay referred to the following

which provides further information:

limits.pdf

The SCARF meeting still needs to take place and will also need police attendance. Based on this data, he feels it is likely that the outcome will be ‘No Further Action,” so no traffic calming features or any other intervention would be justified. The Clerk will reply to advise him of the car which turned over in autumn of last year.

  • Parking issues at the Co-op – Cllr Gilbert has met with Adam Keay and the only way forward at present is for there to be more enforcement.

I have met with Adam Keay and we have discussed any possible way forward, which would at present be more enforcement, He will therefore continue to listen to any input and shortly visit the Co-op to collect their thoughts on this matter.

  • Skanska have now taken over from South West Highways and hopefully any backlog of highways work will be cleared before too long.

Questions

  • It was generally felt that 30mph was an appropriate speed limit particularly past the school. Mr Taylor will organise a meeting with Mr Keay to enquire about putting up advisory 20mph speed signs. The Neighbourhood Plan Group are also looking into this.
  • Salt Bin for the foot path by the church. Costs around £110 and could be funded by Cllr Gilbert’s locality Grant. To be discussed at the next meeting.

17.076. Planning

The following applications (Parish Councillors are expected to have reviewed the planning application documents prior to the meeting either on line or via a hard copy held in the Parish Office.) (Recommendation options are: No Comments to make/Support/No Objection/Objection – plus section for you to give any reasons).

101 / 1318/17/HHO
(Planning list email) / Mrs Joseph / 1 Barracks Road Modbury PL21 0RB / Householder application for widening of gate to allow provision of off-street parking / (MrJoseph left the meeting. BW/TW & all in favour- MPC Support (Mr Joseph returned.)
102 / 1456/17/FUL / Modbury Inn, Brownston Street, Modbury, PL21 0RQ / Replacement natural slate roof, rainwater goods and existing roof lights, addition of new dormer to front elevation and new conservation roof lights to rear elevation / GR/NS & all in favour - MPC Support
103 / 1457/17/LBC / Modbury Inn, Brownston Street, Modbury, PL21 0RQ / Replacement natural slate roof, rainwater goods and existing roof lights, addition of new dormer to front elevation and new conservation roof lights to rear elevation / GR/NS & all in favour - MPC Support
104 / 0817/17/TCA
On-line only from planning list email / Orchard Cottage, Back Street, Modbury, Devon, PL21 0RF / T1: Beech - Crown reduction by approx 2.5 meters
NS BW all in favour support / NS/BW & all in favour – MPC support

17.077. Minutes of Meeting of 8th May 2017.

a)Mr Rosevear proposed, seconded by Mr Ward and all were in favour bar one abstention (not previously present that the minutes were approved as a true and accurate record.

b)The Clerk had previously circulated the Appendix II Action Planto councillors prior to the meeting);

17.078. Finance and Human Resources

a)The Minutes of the Finance & HR Meeting on 6th June 2017 had been circulated to councilors prior to the meeting and would also be available on the website imminently

b)The payments as listed in Appendix 1 were considered. Mr Joseph proposed, seconded by Ms Brown and all were in favour bar 3 abstentions by interested parties)

c)The End of Year Accounts(including MARS)were considered. The chair recorded thanks to Mr Rosevear who had spent a lot of time check the accounts produced by the Clerk. Mr Joseph proposed, seconded by Mr Ward and all were in favour they were approved.

d)The revisions to the Fixed Asset Register for 2017 were considered. Mr Rosevear proposed, seconded by Mr Ward and all in were in favour that it should be approved.

17.079. TheAnnual Governance Statement 2016/17 for the Annual Returnwas considered. Mr Rosevear proposed, seconded by Mr Ward and all were in favour that it should be approved

17.080. TheAccounting Statements for the Annual Returnwere considered. Mr Ward proposed, seconded by Mr Barnes and all were in favour that it should be approved.

17.081. Palm Cross Green Development - General update

The rumoursthat if you bought house you got allotment are not true. Any person wishing to have an allotment will go on the Allotment Association waiting list.

Once the Green has been landscaped, MPC will take over the 30 x new car park spaces. This is a Licence condition and so the car parking spaces will not form part of the managed land.

The complaints about the red brick wall have been directed to Bloorwho are discussing this with Highways so this matter remains ongoing. It has been taken under advisement that a “brick” wall was in the original planning application/consent and that this was overlooked. However it is understood there was a lack of specification about the colour of brick so it is this which remains questionable.

There is a broken freestanding “Slow” sign at Palm Cross green which has been run over and will no longer stand so is causing a potential hazard. Mr Taylor will speak to the site foreman about this.

The stepped pavement adjacent to the Old Fire Station is still being addressed.

There are continued concerns about pedestrian accessibility to the site with pedestrians having to cross at the top of crown hill with no formal crossing arrangement.

The Clerk will contact Bloor’s solicitor’s to query the wording of their letter which states that “some” allotment land will be removed from the managed areas.

The questions relating to the Well were not addressed during the meeting with Bloor. The Clerk will also address this in her communication with Bloor.

17.082. Committees and working groups:

Brief updates were received from the following committees and groups:

  • Communications–A Facebook page was created last month. Mr Berry had published a precis of the meeting which received a few hits and likes. He will do the same this month. The new website training meeting did not take place as planned owing to the Clerk’s laptop crashing and having to be repaired. This has been pushed back to 3rd July.Mr Berry expressed his apologies for; and disappointment at the website creator’s lack of accessibility and lackadaisicalness as he had been lead to believe that he would be on hand for assistance/training at least initially. He is going to speak with him.
  • Neighbourhood Plan would like to carry out an updated traffic survey. The contract for their website maintenance expires in July but it is not known if this will be renewed.

They are currently running about 3 months adrift of their target date. The next meeting is 27th June.

  • Maintenance Committee – Grass cutting: - On the expiry of the current three year contract for grass cutting, but well in advance of the date, it is unlikely that the current contractor will be invited or included amongst those responding to a tender offer. This arises because during the latter half of the second year and most of the third year the contractor has performed below the standard expected and has proved elusive when sought out to remedy the situation. Consideration is being given by the Chairman, aided by Mr Cole to visit him at home to express the MPC ‘s concerns, unless the Chairman succeeds in contacting him beforehand. There is a possibility, regardless of having gone beyond the final break point, that the MPC may terminate the contract early, because of poor performance. The possibility, was discussed, of MPC using part of its unrestricted surpluses, either alone, or in conjunction with MARS, to purchase suitable equipment to carry out the work required in the Parish, with trained and insured members of MPC and MARS. This would need to be researched, as the likely capital costs of such equipment ought to be recovered over three or four years, by the savings made by not having the cost of an independent contractor.
  • Bus stop – Nick Colton was organising the bus stop signs. Mr Taylor is chasing this with Adam Keay.
  • P3 –Mr Weeks he has put “Closed” notices up on Runaway Lane because some trees have come down. He hopedto get this cleared Wednesday afternoon. Strictly speaking this should go to DCC but he felt it was easier/quicker to get it done himself.

17.083. TheDevon Air Ambulance Night Landing Sitewas revisited. This project was further discussed and took into consideration a recommendation from the Finance & HR Committee.The proposed site for the installation is on the Queen Elizabeth 11 Sports and Recreation ground, administered by MARS.

There is a disparity between the two quotations received, which needs to be resolved. However, the more expensive of the two is under £2,000.00.Therefore, Cllr Rosevear proposed and Cllr Weeks seconded, and, after debate, all were in favour that a maximum of £2,000.00 be set aside from the unrestricted surpluses into a separate designated fund for the purpose of supporting the project, since there is a clear potential benefit to the Community of Modbury and the surrounding District. In addition, the opportunity for individuals and Community organisations to support the project by donation would be posted in the forthcoming Modbury Messenger.Any such donations would relieve the designated fund, with any surplus left in the fund, returned to unrestricted surpluses.

17.084. (Mr Barnes did not take part.) Four members of the council had requested an amendment to the resolution passed at the January meeting (Minute 17.027.) tochange the notice period for termination of the Messenger Editor’s engagement, from a month by month basis to 3 calendar months by both parties.Mr Rosevear proposed, seconded by Mr Joseph and all agreed that this should be supported.

17.085. Correspondence

a)The council discussed whether MPC should invest in a set of appropriate flags to hoist for certain events and protocol – for example the Red Ensign for Merchant Navy Day (See Seafarers UK letter dated 26th May, circulated to all prior to the meeting). David Trigger Wharf Manager at the Dockyard, is affecting an introduction to the contractor that supplies the naval base’s flags for RN land and sea going use.This is because they are of a more durable nature and can be supplied to the scale of our own flag pole too.

Costings are to be secured for a Union flag, St. Georges’ (England’s National flag), Red Ensign, and one to carry the Town’s Coat of Arms. Proposed by Cllr GR and seconded by Cllr Robin Berry, with all in favour, that, subject to price, a Union flag would be purchased and the cost of the others also researched by Cllr GR and the Clerk.

b)The council considered whether it wishes to continue with the SHDC Play Area Inspection Agreement or investigate making its own arrangements.Mr Rosevear proposed, seconded by Mr Joseph and all were in favour that MPC should continue.

c)Discussion of theGrass Cutting contract for the Memorial Hall and Play Area was postponed until September meeting. This is currently being carried out by Mr Barnes and Mr Taylorin the interim.

d)The Council discussed Old Miller’s path/The Old Mill at Bearscombewhich is overgrown accessible from the top,Leighmoor cross end, but narrows further and is blocked further down, adjacent to Three Torrs Farm as the land owner has placed a bank of earth at the exit. Because it is not on the definitive map, DCC can’t do anything. Does it serve a useful purpose? Does it form circular route? Is it appealing to other people? There would be difficulty in justifying opening it up as a right of way.After look at the mapping and exploring with DCC, Mr Weeks’s recommendation is that there is no further action to be taken. He did recommend that MPC should contact the farmer to remove the mound of earth. The Clerk will write to request this. It was generally agreed that this was the correct course of action. (Note for clerk which will be deleted from final draft: see planning application – company: Scoffs Aquaponics.)