Minutes of the
Maresfield Parish Council meeting
held on Tuesday 17th February 2009
At 7.30pm in the Village Hall, Fairwarp
Present:
Cllr K Ogden (Chairman), Cllr W King, Cllr D
Barlow, Cllr Mrs G Brady, Cllr A Clarke, Cllr D Finch, Cllr
H Fry, Cllr R Galley, Cllr J Handley, Cllr P Harris, Cllr C
Stevenson, Cllr R Street, Cllr Mrs V Taylor, DCllr Mrs S
Martin, CCllr A Reid.
In attendance:
David Hutchinson
AGENDA
A.
Public Session.
A.2 Any other public
matters [taken first]
Mr Hutchinson
referred to the issue raised by the Chairman at the last
meeting concerning the appearance of our villages; and said
that Nutley Conservation Group has this on its agenda. He
also raised the issue of timely posting of minutes on the
website, saying that the November 2008 minutes are posted
but not December 2008, and asked if draft minutes could be
posted, to be shown as such. Cllr Stevenson noted that the
locum Clerk who attended in January had said that the
Council is very old fashioned in the way it does its
minutes; Cllr Fry noted that it was something which Strategy
Ctee was due to review. ACTION Strategy ctee
A.1 Co-option of
Councillor to fill the vacancy created by the resignation of
Cllr Mrs Justine Penfold.
The Chairman
introduced Mrs Brady; who then spoke about her experience
and aspirations, confirming, in answer to a question, that
she expected to serve the whole parish.
1546. To vote
for the co-option of a new Councillor to fill the vacancy
created by the resignation of Cllr Mrs Justine Penfold.
Councillors voted unanimously
in favour of Mrs Brady being
co-opted as a Councillor. She made the necessary declaration
before the Chairman and took her place as a Councillor
1547.
To approve apologies for
absence and to note other non-attendance.
An apology was received from
Cllr Gutteridge (owing to a family commitment) and CCllr
Whetstone (though his apology was not recorded at the
meeting).
1548.
Declarations of Interests.
By Cllr Taylor concerning
items 1551.6 as a member of Maresfield Conservation Group
and of the Maresfield Recreation
Ground Ctee; and item 1554 as a
Personal Interest: by the Chairman concerning item 1554 as a
Personal Interest: by Cllr Barlow re item 1551.4 III; and by
Cllr Fry re item 1554
1549. Minutes of the
previous meeting held on 20th January 2009 :-
1.
For adoption.
The draft minutes were approved and
adopted
2.
Matters arising from these minutes.
Cllr Finch referred to the Lighting
and Maintenance Agreement with ESCC and asked if energy
saving is incorporated in the agreement; it was agreed that
this should be dealt with in Environment
Ctee ACTION Environment Ctee
1550. Reports
by and questions to:-
1.
County Councillors.
CCllr Reid said that ESCC has adopted a
budget for 2009-10 which
1 has an increase
of Revenue expenditure of 3.9% and of Council Tax
of 3.5%; and that it involves increasing levels of support
for the elderly, children and highways/buildings
2 has a Capital
expenditure budget for 5 years which is for c£1bn; of which
80% is provided by HM Government; this is mainly related to
investment in schools, but does include elements for
recession mitigation.
3 provides for
discretionary spending of c£4m; in recent years the Council
has received considerable amounts of deposit interest
allowing for such spending, but that
has now considerably reduced; £1m will be available for
recession mitigation efforts,
including in support of the voluntary
sector; £1m to increase protection for children; and £2m for
“localism” such as community transport, village work gangs,
which are to double, and activity for young people
He said that the outlook for
the future is that cost increases
will lead to expenditure exceeding income in 2012-13, and
noting the expected increase in cost as demographic effects
lead to an increase in needs of the elderly.
Cllr Stevenson
asked about the stance adopted by the Conservators
of Ashdown Forest over deer numbers, saying that he thinks
the Corporate Manslaughter Act may be relevant; and he
asked CCllr Reid if ESCC’s legal team could help the
Conservators understand the legal situation. CCllr Reid said
that he is not qualified to answer in detail, that there is
a national study in which the Conservators are participants,
and that culling on the Forest is very difficult – his view
is that a culling solution must principally involve private
landowners. He said that he expects that legal issues will
not be investigated or tested.
Cllr Street said that at the recent
Parishes Panel meeting with the Superintendent,
it was said that the issues raised by Cllr Stevenson are to
be on the agenda for the next meeting of Conservators
The Chairman asked about extensive damage
to road surfaces. CCllr Reid said
that there is an extra £1m in this year’s budget and that
ESCC has asked HM Government to allow it to bring forward
for immediate spending sums provided for in future budgets
2.
District Councillors.
DCllr Martin said that in the last
meeting, it had been anticipated
(see Min 1534.2) that Council Tax will rise by 3.9%; the
Precept has now been set at an increase of 3.5%.
Cllr Galley said that WDC also faces a
fall in interest received and so a shortfall is anticipated
of c£1m, to be understood against a core budget of c£19m:
accordingly a Transformation Programme
is under way, to include market testing and possible sharing
of provision of services with other authorities. He said
that he has just spent 10 days almost completely given over
to dealing with the planning application for Joe Townsend
and the attendant publicity.
1551.
Council bodies - To receive minutes and decisions,
followed by reports from Chairmen and any questions:-
The Chairman intervened
to thank Cllrs King and Stevenson for
work done whilst the Clerk has been ill
1. Environment:-
I. No meetings since
January- Cllr Barlow said that
at the next meeting, the Ctee will be pleased to meet new
tree wardens
II Street Lighting in
Maresfield – the Chairman said
that he attended a meeting in Maresfield at which loud
protests were made at the turning off of street lighting in
Parklands at 12.30am. He noted that we had consulted New
Parklands Residents Assn but it seems that it did not
consult its members; it has now consulted them on the basis
that it is a money saving proposal, whereas, he said,
it was designed to save energy. Cllr
Finch said that he is aware of units
used by WDC which reduce energy consumption with an almost
undetectable reduction in brightness and
CCllr Reid said that ESCC has some such units available
costing c£60 per lamp and providing a 20% reduction in
energy consumption; Cllr Finch agreed to talk to an ESCC
officer about this. ACTION Cllr Finch
Cllr Street said that
residents have said that they do not want the lighting
turned off; and it is not for us to decide for them what is
the right thing to do in terms of reduction in energy
consumption. Cllr Stevenson said that it is not right to
apologise too much, as the Council had
consulted and the failure to take
this forward lay with NPRA. Cllr King said that whether
there has been poor consultation or the wrong unit was
installed (ie an off switch instead of a dimmer), residents
dislike the result; we should turn the lights back on and
then consult more effectively if we know that a dimmer
solution is possible – this was Agreed.
2.
Finance & Administration:-
I. Month 10 – 2008/09
Financial Reports.
Cllr Handley said
that the sum held on behalf of Easylink partners will now be
paid out to
North Wealden
Community Transport Partnership. Cllr Galley asked if the
current year’s budget will be under spent
and Cllr Handley confirmed that it would, and that this had
been taken account of in establishing the Precept for
2009-10
II. Draft Minutes of the
meeting held on 9th February 2009.
3.
Planning:-
I. Minutes of the meeting
held on 10th January 2009.
II. Minutes of the meeting
held on 2nd February 2009.
Cllr Stevenson said
that the recent meetings had displayed the three Is of
Incompetency, Inconsistency and Indifference on the part of
the Planning Authority; and instanced examples. Cllr Galley
(as Portfolio Holder for Planning at WDC) said that he has
become somewhat blasé with so many suggestions
of bad decisions – but each turn on their own facts;
however, he said that he accepts
that Bunters Field was mis-handled so far as the long delay
in reaching a decision is concerned.
He said that he is seriously concerned that a Senior Officer
offered to attend a meeting of Council or
the Planning Ctee and this had not
been taken up – it should have been. He said that if we take
a combative approach, we have less success than
if we work cooperatively, and that he identifies this
Council as one of three among 40 which are combative. Cllr
Stevenson denied any combativeness on his part and regretted
that e-mails he has sent to WDC are unacknowledged. Cllr
Street said that several of us have heard the lecture given
by Mr Williams; Cllr Finch said that he would like to meet
the WDC people; Cllr Fry said that he has never been on the
Planning Ctee but we ought to do something in order to
increase our influence, so let us invite someone to discuss
issues with us, not to lecture us. Cllr Galley and DCllr
Martin confirmed that the meeting
at Fletching had indeed been a discussion, not a lecture.
The Chairman proposed that we ask WDC officers to attend a
Council meeting – this was Agreed.
4.
Strategy:-
I.
Draft Minutes of the meeting held on 15th January
2009.
Cllr Galley said
that there had been a large
delegation from School Lane objecting to possible Affordable
Housing in School Lane; and that the site
at Nutlin Fruit Farm had found
favour as an alternative site for the
Housing and the Surgery. He said that there is a private
meeting of interested parties on 23 Feb to discuss community
space in Nutley and a public meeting on 5 March to discuss
the Surgery
II.
Proposed submission of supplementary input to Local
Development Framework process.
Cllr Galley said
that this had been discussed and approved in Strategy Ctee;
he proposed that it be submitted to WDC and this was Agreed
III Questions
Cllr Fry referred to
a meeting on 25 Feb with an ESCC officer about the crossing
at Nutley school. The Chairman to attend if the Clerk
cannot.
Cllr Barlow referred
to the Surgery proposals; there is much concern and
opposition to the site at the Nutley Tennis Courts; but Cllr
Finch has spoken to the owner of the Nutlin
site who has agreed that a space of 33m x 60m could be
available – AFHC are aware of this and are very excited
about it. Could the contact details of the owner be released
to AFHC, he asked? He was authorized to do so, on the basis
that AFHC must be aware that no consultation has yet
occurred with regard to this site. He declared an interest
by reason of friendship with a member of the owner’s family
5.
Maresfield Recreation Ground Access Sub-Committee.
Cllr Taylor said that it has
not been possible to make progress as no answer has been
received from Zurich Insurance
6.
Maresfield Recreation Ground Improvement Working Party.
Cllr Taylor said that Cllr
Gutteridge and she had met Maresfield Conservation Group and
Maresfield Recreation Ground Ctee who
both wish to put in barriers to prevent access by cars –
this by replacing the existing small marker posts with more
substantial wooden bollards.
1 As to
funding this, MRGC had said it expected others to fund it;
Cllr Taylor had suggested to MRGC that this is
unrealistic and that MRGC could attempt to raise eg £500 by
a funding event – this is to be discussed at their March
Ctee meeting. MCG wishes the Council to contribute £1000
2 In
terms of carrying out the work, she asked Council to give
permission – this was Agreed
7. Working
Party on development of the Parish Office.
Cllr Finch said
that a proposal has now been received from the Nutley Social
Club to allow the Parish Office to be extended into the
meeting room; at a cost of £15psf for 181 sq ft, leading to
an overall cost for the whole space of c£20 psf for 309 sq
ft.
Cllr Stevenson
reported that he had researched other premises in the Parish
from £9.20 in Maresfield up to £19-£20 in Pippingford Park,
and that talking to a developer in Maresfield he had advised
that Lawson Commercial had said £10-12 psf was more the
going rate for good quality office accommodation. Cllr Finch
agreed these were the kind of figures he had obtained from
Lawson.
It was agreed that
this Working Party should continue to do what it thinks is
in the Council’s best interests and report back
1552. Outside
bodies matters.
None
1553.
Community Governance Review for Maresfield Parish. (to note
advice from WDC) – Noted. Cllr
Street said that he remains concerned that our concerns are
still not understood; Cllr Galley said that the matter will
come up to the Regulatory and Audit Ctee of WDC ,of which he
is Deputy Chairman, and he is confident that that Ctee will
be clear that we wish all possibilities to be provided for;
he added that apparent uncertainty is the result of lack of
clarity in the legislation and in official guidance
1554.
Resolution from Cllr Mrs Taylor that the suggestion and
allegation made by Cllr Fry (Recorded in Minute 1472 of the
Full Council meeting held on Tuesday 11th July 2008 and in
his email dated 26th July 2008) are completely unfounded.
1 Cllr Fry raised a
point of order, that the resolution was out of order as the
Clerk had advised in September that this subject was not to
be discussed in Council; after various views were expressed,
It was Resolved that it was wrong for the Chairman to decide
on Cllr Fry’s point of order and Cllr Galley was elected to
take the chair. Cllr Galley ruled that the resolution was
not out of order
2 Cllr Taylor
proposed the resolution. Cllr King seconded it.
Cllr Fry spoke
against it; saying that
1)
The motion shows the Council in the worst possible
light as it is entirely futile; any decision on the Code of
Conduct can only be made by WDC’s Scrutiny Ctee
2)
His point that there was a breach was entirely
justified. He referred to the letter and “the influence of
non-Maresfield resident councillors
is not necessarily in the interests of Maresfield”
as implying that some councillors work to the interest of
only part of the parish, not the whole parish, and that that
indicates that Maresfield ward cllrs are in breach of the
Code of Conduct. He said that were the letter to have said
“all members of Maresfield Parish Council vote in the best
interests of the three villages; this may not necessarily be
in the best interests of Maresfield”
that would have correctly set out the position and expressed
the intention of the writers of the letter.
3)
He said that advice from a member of WDC’s Legal
Dept, Mr Scarpa, was that the
complaint would not succeed; that is why Cllr Fry had not
proceeded with it.
3 Cllr King said
that the words in the letter do not bear the meaning Cllr
Fry alleges; they speak of non-Maresfield cllrs, not the
Maresfield ward cllrs.
4 Cllr Street said
that this should be decided in the WDC Standards Ctee and
not here; and he will not vote on the issue. Cllr Galley
explained that the Standards Ctee is not
a Ctee of WDC Cllrs and that Cllr Taylor might defer the
resolution if Cllr Fry would refer the matter to that Ctee;
Cllr Fry said that he was appreciative of the suggestion but
had decided after Mr Scarpa’s
advice not to proceed and that remains his decision
5 Cllr Taylor said
that she too wishes it could be taken to the Standards Ctee;
but she has no power to make that happen – only Cllr Fry can
do that. If he will not make the complaint to the Standards
Ctee the slur remains on the record, and no other cllr would
be happy to have such an allegation made against him and
left hanging in the air. Cllr
Finch said that this does not matter – Cllr Taylor said that
it does as she has been accused of a breach of The Code of
Conduct – and it is a free country and Cllr Fry is free to
express his opinion. Cllr. Taylor agreed that Cllr.
Fry has a right to his opinion but he does not have
the right to leave such an accusation hanging in the air and
not pursue it to a conclusion via the Standards committee.
Cllr Harris said that it affects Cllr
Taylor’s and other Cllrs’ reputations and that that
certainly does matter. Cllr Fry said that he was told that
this will not be found a breach but in his view it was a
breach as he would see it. Cllr Clarke asked Cllr Fry to
take it to the Standards Ctee.
Cllr Stevenson
said it wasn't the first time Cllr Fry had resorted to
threats of the Code of Conduct and had used it on Cllr
Stevenson in the past and it is time for Cllr Fry either to
put up or shut up; Cllr Stevenson and others had joined the
council to get something done, not spend time in endless
navel-gazing.
Cllr Street observed
that the advice from WDC’s Legal Dept is that Cllr Fry is
wrong and the matter ahs been resolved and can be left
there; but if it is to proceed he requested that it be voted
on by ballot. Cllr Taylor said that Cllr Fry will not
withdraw the allegation nor press it as a complaint and
in the absence of any other means of resolution she
wishes her resolution to be voted on.
6 Cllr Fry declared
a Personal Interest. Before
withdrawing Cllr Fry requested that Cllr King not vote as he
had expressed a view on the issues and on the resolution and
had seconded the resolution – Cllr King declined this; Cllr
Fry said that it would be wrong for Cllr King to vote. Cllrs
Ogden and Taylor withdrew. This was put to a vote and it was
Agreed that Cllr King could vote, Cllrs Fry and Finch voting
against. Cllrs Fry withdrew. On
the basis of their withdrawal, Cllr Street withdrew his
request for a ballot
6 Cllr Galley, in
the Chair, put the resolution to the vote and declared it
passed by 3 votes to 1, with 4 abstentions
Cllrs Fry, Ogden and Taylor returned to
the meeting
Cllr Ogden resumed the Chair
1555.
Proposal that the Clerk be
authorised
to send summonses to meetings of Committees by electronic
means except to such members as request hard copy summonses.
Cllr Finch expressed concern
about the volume of e-mails circulated by cllrs, especially
the over-wide list of persons on the circulation. There was
a general point made of the cost of printing falling on
cllrs. The Proposal was approved
1556.
Chairman’s Report followed by questions to Chairman.
The Chairman said that the new
site for the Uckfield surgery has been approved; and that
dog fouling notices have been put up at Maresfield
Recreation Ground
1557.
Payments to be made: for approval.
Cllr Street proposed the
payments as listed be authorized; Cllr Stevenson asked for
an analysis of the fee charged by Mrs Hewes.
The payments were all authorized.
1558.
Communications:-
Nothing to be considered
To give
consideration to the next item being discussed in closed
session; that in view of the confidential nature of the
business to be transacted, i.e. the discussion of tenders,
it is advisable in the public interest that the public and
press be temporarily excluded and that they are instructed
to withdraw. It was agreed
that the Council move to Closed Session
1560. Date of
next meeting – 17th March 2009 (Maresfield).
The meeting closed at 10.10pm.
