Minutes of the Maresfield Parish Council meeting held on Tuesday 19^th February 2008

 at 7.30pm in the Village Hall, Fairwarp

Present:         Cllr K Ogden (Chairman), Cllr R Street, Cllr J Handley, Cllr R Galley, Cllr J Gutteridge,

Cllr Mrs V Taylor, Cllr D Finch, Cllr A Clarke, Cllr H Fry, Cllr C Stevenson, Cllr D Barlow, Cllr W King,  Cllr J Penfold,  DCllr Mrs S Martin, CCllr A Reid, CCllr F Whetstone, Clerk T Allen, Minutes Secretary Julie Best.

Public Present: Mr R Benford, Mr B Keeys, Mr J Elsworth and Mr P Easton re. Item 1381.1.I.

Mr F Taylor and Mr R Warren re. Item 1382.

PCSO K Juniper re. Item A1.

A.        Public Session.      

A1.      Visit from PCSO Karen Juniper – PCSO Juniper presented a cheque for £750.00 from the Police Property Fund to the Fords Green Management Committee (FGMC) representatives.  PCSO Juniper reported on her investigations into the problems of youth vandalism and drinking at the recreation grounds.  PCSO Juniper stated that she has been making regular checks at Fords Green and Maresfield Recreation Grounds and only on one occasion (in Maresfield) did she have occasion to warn a group of youths.  PCSO Juniper stated that greater success is dependant upon the public to report problems at the time they are occurring, and that she will be sending a letter to residents directly affected.

PCSO Juniper stated that the Council’s Speedwatch exercises are very worthwhile and that she will be trained soon to use the ‘speed gun’.

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A2.      Members of the Fords Green Management Committee to address Councillors re. land maintenance issues - Mr Benford, Mr Keeys, Mr Elsworth and Mr Easton covered the following points:-

·         FGMC is aggrieved that the Conservators will not help towards the maintenance needed to the large trees on Fords Green, particularly the trees along the  roadside which are becoming dangerous.

·         FGMC has  had the trees informally looked at by the County  Council who confirm that immediate maintenance work is required.

·         FGMC had a risk assessment conducted which has shown that the cost of the work required  is around £1,000 and FGMC does not have this money. 

·         FGMC require funds.  Once this immediate work has taken place the trees will not require work for some years, but risk assessments will still be needed annually.

·         FGMC has had no help from the Conservators in the recent past, prior to that a lot of help was given.

·         FGMC has reserves of around £6,000. 

·         The tree in the play area was included in the risk assessment and is considered safe.

·         The Lease from the Conservators for Fords Green does not mention trees specifically, just maintenance of the ‘land’ which is ambiguous. 

·         It was disappointing to learn from CCllr Reid that the Board of Conservators had not discussed this matter as Mr Gilham had been briefed on the matter.

ACTION: DCllr Mrs Martin and CCllr Reid to get together to discuss this matter further prior to the next meeting of the Board of Conservators.

A3.      Other public matters.

Mr Taylor covered the following areas regarding Item 1382.

·                   Cllr Ogden’s resolution has his full support.

·                   A review of points arising from the letter to the Council from Mr Watts’ solicitor dated 14^th February 2008.

·                   The costs to the public if the Council pursues the easement.

·                   The soundness of the Council’s case, especially in view of the doubt over the date of challenge by Mr Watts.

·                   The breach by the Council of its responsibilities to control parking along Mr Watts’ track.

·                   The Council’s responsibilities as Trustee and past delegation to committees and sub-committees.

·                   Three options:-

1.    The Council pursues the legal route. This will incur unknown and likely heavy costs as no doubt Mr Watts will object.

2.    Re-open the original access for vehicles so Mr Watts land does not need to be used; costs for this are predictable.

3.    Negotiate with Mr Watts who is keen to keep good relations with the village; this would incur no costs

§  Option 3. is preferred as a starting point.

·                     The future development plans for Mr Watts’ land which includes a new access.

Mr Warren stated that Cllr Ogden’s resolution also has his full support.

The Chairman thanked Mr Taylor for the hard work he had put into his presentation.

Cllr Street explained the background to the course of action taken by the Council, noting that the Council was waiting for a meeting with Mr Watts, and in fact it was Mr Watts who stopped communicating, leaving the Council no other choice but to pursue the easement. It was noted that this does not correspond to Mr Watts’ view of events.

The Chairman closed the public session and opened the meeting.

1377.       To approve apologies for absence and to note other non-attendance - Cllr P Harris, DCllr N Buck, DCllr M Hoy.

1378.           Declarations of Interests. The Chairman and Cllr Mrs Taylor as members of the Maresfield Conservation Group, and as members of the Maresfield Renaissance Group. Cllr Gutteridge as a member of the Maresfield Conservation Group. The Chairman explained that he has no connection with Mr Watts in relation to land and prospective development in Maresfield Village.

It was agreed to take Item 1381.1.I at this point.

1381.       Council bodies:  Actions, minutes and reports by, and questions to, Chairmen:-

1. Environment:-

I.          Fords Green - FGMC land maintenance issues – Cllr King proposed deferral of the matter, with sympathy, as with receipt of the cheque for £750.00 from PCSO Juniper, and with reserves of around £6000.00, FGMC can develop the matter further, at least in the short-term, and ask the Conservators to try harder.

The following points were noted in discussion of Cllr King’s proposal:-

• FGMC needs to establish the full legal position as this is not clear at present.
• Cllr Fry said this is urgent and that the Parish Council should invest some effort and devise a time schedule to help FGMC reach a satisfactory conclusion.
• It is key for CCllr Reid and DCllr Mrs Martin to take this to the Conservators Board.
• Financial responsibility should be shared by all authorities and bodies involved if need be.
• A Parish Council grant has been allocated to Fords Green for 2008/09.

Seconded by Cllr Mrs Taylor, by a majority vote it was resolved that Cllr King’s proposal should be adopted.

Mr Benford, Mr Keeys, Mr Elsworth and Mr Easton left the meeting.

It was agreed to take Item 1382 at this point.

1382. Resolution by Cllr Ogden that Council postpones the submission of a Statutory Declaration to the Land Registry seeking an easement by prescription over the access to Maresfield Recreation Ground, and appoints Members and authorises them to negotiate (within set parameters) with Mr Watts to secure this access – The following points were covered in discussion of Cllr Ogden’s resolution:-

• Councillors can enter into discussions with Mr Watts and his representatives, as authorised by Council, but as Trustee only Council can take decisions.
• The Clerk had advised that no councillors should attend the meeting held by Mr Watts on 12^th February 2008.
• The history of the handling of this matter to date.
• A second access had been considered in the past and was found unfeasible due to encroachment into the football and cricket pitches.
• The action by Council to pursue the easement was taken on  legal advice with no other option available at the time.
•  Whilst the Council’s solicitors advised that the Council has six years from the date of Mr Watts’ challenge to act, they also advised the Council not to delay its action as this date was in dispute; hence the Council’s decision to proceed with the easement in October 2006.

Cllr Street proposed an amendment to Cllr Ogden’s resolution, that a clearly defined time limit should be set for the postponement of the submission of a Statutory Declaration to the Land Registry seeking an easement by prescription over the access to Maresfield Recreation Ground, after which, if no satisfactory progress had resulted from discussions with Mr Watts’ and his representatives, Council should reconsider proceeding with the easement. Cllr Galley seconded this amendment. It was resolved that the time limit should be until the meeting of Council in September 2008, where the situation can be reviewed again, It was unanimously resolved that Cllr Ogden’s resolution, subject to Cllr Street’s amendment, should be adopted.

It was resolved to re-establish the Maresfield Recreation Ground Access Sub-Committee, to be made up of Cllr Gutteridge, Cllr Mrs Taylor, Cllr Mrs Penfold and Cllr Ogden, with authority to attempt to develop the access issue with Mr Watts and his representatives to a position acceptable to Council for review at its meeting in September 2008.

Cllr Taylor praised the amount of work Michael Wheeler has put into this matter.

Mr Taylor and Mr Warren left the meeting.

1379.   Minutes of the previous meeting held on 15^th January 2008:-

1.    For adoption – The minutes were adopted.

2.    Matters arising from these minutes - There were no matters arising.

1380.           Reports by and questions to:-

1.               County Councillors – CCllr Whetstone reported that work on the anti-skid road surface on the A26 at Herons Ghyll will be completed by the end of March 2008.

CCllr Reid reported on the following items:-

• Overall County Council budget spend is up by 3.4% in 2008/09. 

• County Council’s Council Tax element will increase by 3.8% for 2008/09.
• The Ministerial report on housing growth figures is now not expected until around May 2008.
• Officers in the County Council’s Transport & Environment Dep’t are to look at the possible energy savings from switching street lights off for longer periods and will be liaising with Cllr Finch.
• Officers in the County Council’s Transport & Environment Dep’t will be looking at community transport development in the new financial year in liaison with CCllr Lock who is the Lead Member for transport.

2.               District Councillors – DCllr Mrs Martin reported on the following items:-

• Council Tax - WDC are proposing an increase in their Council Tax rate of 4.2% and a budget of £18.129 m for the year 2008/09 which is an increase of 13p per week for a Band D house.
• Wealden are also seeking savings in their Procurement Programme contracts by sharing purchases with other Partners such as County and other Districts.
• The subject of whether WDC charge for car parking and/or green waste is still very much under discussion.
• Design Guide – Following consultations with scrutiny committees Wealden have approved a Design Guide which is presently being printed and will shortly be available on the Council’s website.
• Free Bus Travel – A quick reminder that as from 1 April 2008 everyone aged 60 or over will be entitled to travel anywhere in England for free.  Residents can use the national free bus travel pass within the Wealden DC area after 9am Mondays to Fridays and any time at weekends and bank holidays.  When using the pass for journeys outside Wealden DC area the time changes to between 9.30 am and 11pm weekdays and any time at weekends.  The bus pass is available through the Wealden DC offices.
• Charter Mark – Three departments at Wealden DC, Public Health, Finance and Planning have won Charter Mark status and these departments will be presented with their awards at the Full Council Meeting on 20^th February 2008.

Cllr Fry asked whether WDC is considering giving councils with Quality Status a greater co-operative role. DCllr Mrs Martin stated that this is difficult when many councils are not seeking Quality Status. 

1381.  Council bodies:  Actions, minutes and reports by, and questions to, Chairmen:-
1. Environment – Cllr Barlow stated that the next meeting of the Committee is on 26^th February 2008, and that one of the main issues under discussion will be the need to replace items of play equipment at Fords Green that have been identified as being obsolete by Inspection Engineers.

I.          Fords Green - FGMC land maintenance issues – See above. 

            2. Finance & Administration:-

I. Month 10 Financial reports  -  Cllr Street reported that Month 10 financial reports show the budget on target and expenditure progressing as estimated..  The Clerk confirmed that the Maresfield Recreation Ground Committee pay a nominal rent of £60 per annum.

            3. Planning – Cllr Stevenson stated that he had no items to report additional to the Committee’s minutes circulated with the meeting papers.

            4. Strategy - Cllr Galley reported as follows:-

• Progress on youth facilities is slow but steady.
• Road loops will go in at the beginning of March. 
• Progress on the Village Gateways project is slow but the WDC budget for this remains in place in 2008/09.
• Provision of Post Office service in Nutley is to be discussed at the Committee’s next meeting, which will be attended by a representative from Post Office Ltd.

1382. Resolution by Cllr Ogden that Council postpones the submission of a Statutory Declaration to the Land Registry seeking an easement by prescription over the access to Maresfield Recreation Ground, and appoints Members and authorises them to negotiate (within set parameters) with Mr Watts to secure this access

See above.

CCllr Reid left the meeting.

1383.  Outside bodies reports:-

            1. NALC Annual Conference 20-22 May 2008 – Noted.

            2. WDALC – meeting held on 6^th February 2008 - It was noted that Cllr Street is the Council’s representative at these meetings..

3.        Conservators – meetings to discuss the Draft Forest Plan – It was noted that Cllr Street and Mr G Hardy  will be attending one of these meetings..

1384.  Working Party report on renaming of Council and new logo competition – It was resolved by majority that the winning competition entry for a new name and logo is from Carl Thomas, aged 11, from Nutley, with the name ‘South Ashdown Parish Council’ and detailed logo design. ACTION: Clerk to pay prize money of £25.00.

Cllr Galley proposed that the name of the Council should become ‘South Ashdown Parish Council’. This was seconded by Cllr Street, but after further discussion and a confused close vote, and in view of the serious nature of the matter, Cllr Galley agreed to reduce his proposed resolution to writing for the agenda for the next meeting of Council.

CCllr Whetstone and Cllr Barlow left the meeting.

1385.  Working Party report on development of the Parish Office – Cllr Finch reported on ongoing discussions with the Chairman and Committee of the Social Club concerning appropriate office rent levels. It was noted that no further progress is likely until the Social Club has elected a new Committee in March 2008. It was resolved that the Working Party should continue discussions with the Social Club and also look at alternative accommodation possibilities.

1386.  Response to WDC Draft Corporate Plan 2008-11 consultation – It was noted that this WDC Plan should relate more closely to the Council’s Parish Plan activity on issues such as transport, the elderly and youth. It was resolved that the strategy Committee should respond to this consultation. ACTION: Cllr King to prepare a paper for discussion at the next meeting of the Strategy Committee, to be held on 3^rd March 2008.

DCllr Mrs Martin left the meeting.

1387.  Chairman’s Report followed by questions to Chairman – The Chairman stated that he had no issues to raise.

1388.  Clerk’s Report followed by questions to Clerk – The Clerk stated that his role sometimes required him to be formal and ‘police’ the activities of Council and Councillors, which can give the impression of him being obstructive.

1389.  Payments to be made: for approval – Payments amounting to £3242.62 were approved.

1390.  Communications – The Clerk asked for all outstanding submissions for the Spring edition of ‘The Parish Matters’ to be passed to him urgently.

1391.  Date of next meeting – 18^th March 2008 (Maresfield).

There being no further business, the meeting closed at 21:50.