Minutes of the Maresfield Parish Council meeting held on Tuesday 17^th July 2007

held in the Memorial Hall, Nutley

Present:         Cllr K Ogden (Chairman), Cllr D Barlow, Cllr A Clarke, Cllr D Finch, Cllr H Fry,
Cllr R Galley, Cllr J Handley, Cllr P Harris, Cllr Mrs J Penfold, Cllr C Stevenson,

Cllr Mrs V Taylor, DCllr Mrs S Martin, Mr T Allen (Clerk) and Mrs C Goossens (Asst Clerk)

Public:            Mr M Wheeler, Mr F Taylor

A.         Public Session.        

Mr F Taylor made the following comments:

o                   He wrote a long letter to the Clerk with a number of queries relating to the recent co-option of Cllr Fry and has now received a reply reassuring him that all procedures were carried out correctly. Mr Taylor confirmed that he is now satisfied that this was indeed the case.

Mr M Wheeler made the following comments:

o                   He has been in correspondence with the Clerk and Councillors strongly contesting the legality of the meeting at which Cllr Fry was co-opted to fill one of the Maresfield ward vacancies.

o                    He believes that the method used to fill the position was undemocratic and unethical.

o                   He considers it unbelievable that a Nutley candidate stood for two available positions i.e. one for Fairwarp ward and the other for Maresfield ward.

o                   He is baffled as to why Cllr Mrs Taylor was not able to take part in the vote to fill the Maresfield ward vacancies.

o                   Why didn’t Cllr Finch declare an interest having had a long standing working relationship with one of the candidates i.e. Mr Fry.

o                   He does not feel that the delay in receiving a response to his correspondence from the Clerk was satisfactory.

o                   Having sought advice, he is now satisfied that the proceedings of the meeting were indeed legally correct.

o                   He feels that the whole situation can be resolved if Cllr Fry resigns and puts himself forward at a future election.

o                   He asks the Parish Council for an apology to Maresfield residents for letting them down by co-opting a Nutley resident to fill the vacancy for a Maresfield Ward Councillor, despite there being an upstanding and well respected Maresfield resident also standing for the position.

Mrs V Taylor made the following comments speaking in her capacity as a Parishioner:

o                   She never considered the cooption to be illegal but she does consider it unethical.

o                   Prior to the co-option she carefully considered which of the candidates she thought the Fairwarp residents would want to represent them.  Her belief was that it should be an individual from that village who would actively participate in village life and would represent the people of that village most appropriately and this is how she would have voted.

o                   What were Parish Councillors thinking when they voted for a Nutley resident they certainly weren’t thinking about the best interests of Maresfield residents and this way she feels let down by the Councillors who voted for Cllr Fry.

o                   She is aware that there was lobbying for the Nutley based candidate at the end of May 2007, long before the Maresfield based candidates came into the running. 

o                   When the first round of co-option took place there was no majority.  There was a tie between Mr Fry and Mrs Penfold.  So even at this stage there were Councillors voting for a Nutley based candidate for the Maresfield ward vacancy.

o                   Mrs Taylor feels that any concerns regarding husband and wife relationship on the Council was a “red-herring” and stated that her position was not “sour grapes”.  She would have formed the same opinion for any Maresfield based candidate.  Indeed she had actively encouraged Cllr Mrs Penfold to stand for co-option.

o                   When a Nutley ward Councillor resigned earlier this year, Cllr Fry was instrumental in ensuring that a by-election was held because he felt this was the most democratic means of filling the vacancy.

o                   Mrs Taylor invited Cllr Fry to resign and stand for election in Maresfield Ward

PCSO Karen Juniper joined the meeting.

The following points were also noted in discussion:

o                   The Clerk confirmed that he had advised Cllr Mrs Taylor that as her husband was standing for co-option this was a clear example of a prejudicial interest and Cllr Mrs Taylor confirmed at the time that she was happy with this advice and should withdraw from the meeting.

o                   Cllr Stevenson noted that there are no clear boundaries with regard to when Councillors should declare an interest.

o                   The Clerk reminded Councillors that it is their individual responsibility to declare interests at the appropriate time and that advice can always be sought from the Clerk and Assistant Clerk.

o                   The Chairman pointed out that the decision to hold a paper ballot was entirely correct and within Council procedures.

Cllr Fry made the following comments:

o                   Cllr Stevenson’s remarks with regard to when Councillors should declare an interest indicate that he doesn’t fully understand the matter.

o                   The statements made by Mr Wheeler about him are untrue, defamatory and libellous.  Mr Wheeler further suggests that he has acted improperly as a Parish Councillor.  Despite having asked Mr Wheeler for an apology he has not as yet received one.

o                   The suggestion by Cllr Mrs Taylor that he was elected as part of an “Old Boys Network” is improper and he asked her to withdraw the accusation or stand accused of violating the Councillors Code of Conduct.

Cllr Mrs Taylor refused to withdraw this statement and said that on advice from the Clerk she would be happy to stand accused of violating the Councillors Code of Conduct.

Mr Wheeler stated that he has not received any communication from Cllr Fry other than a blank email to which he responded asking Cllr Fry what he intended to say.  Further to this he has not received a subsequent response from Cllr Fry.  The Clerk stated that Mr Wheeler and Cllr Fry should sort out their communications difficulties outside of the meeting.

Cllr Finch stated that he felt that the complainants were trying to divide the Council and that declaring an interest is not necessary in regard to passing acquaintances.  Cllr Finch believes that the Council had acted properly and legally in the co-option of Cllr Fry and that the matter should therefore be brought to a conclusion.

PCSO Juniper made the following comments:

o                   Local police have received a number of reports of a suspicious caller trying to read meters.  Local PCSOs did speak to the suspect and he turned out to be a genuine meter reader.

o                   Not many bogus caller reports have been received this year but everyone is encouraged to check for official ID when callers come to the door.

o                   There have been a number of reports of a moped being driven around at the end of Clockhouse Lane in Nutley.  The Police will be visiting the offender and issuing a Section 59 regarding such behaviour on the Forest.

o                   PCSO transportation continues to remain a problem but it is hoped that it hasn’t impacted too greatly on the role of PCSOs within the community.

The public session was closed and the Chairman opened the meeting.

1296.   To approve apologies for absence and to note other non-attendance.         

Cllr J Gutteridge, Cllr W King, Cllr R Street, CCllr A Reid, DCllr M Hoy and DCllr N Buck.

It was Agreed that item 1300 should be moved to this point in the meeting.

1300.   To consider complaints received regarding Councillor co-options for Maresfield Ward     conducted at the meeting of Council held on 19^th June 2007.

The following points were noted:

o          Parish Councillors are responsible for representing the interests of all villages in the Parish.

o          Cllr Fry refused invitations for him to resign and put himself up for future re-election, and asked Cllr Mrs Taylor if she understood the rules for co-option.  He stated that he will continue to represent all wards in the Parish as he has done in the past when he was on the Parish Council, although he will of course take a greater interest in Maresfield matters so that he can represent the village and talk about its issues knowledgeably.

o          Cllr Fry stated that he had recently been instrumental in requesting an election in Nutley rather than a co-option mainly because he felt there had been too many co-options in the past and that the Quality Status of the Parish Council was in danger.

o          The Chairman stated that having checked with WDC the recent co-option has not jeopardised the Quality Status of the Parish Council as it occurred on the back of the recent election.

o          The Clerk confirmed that declarations of interest do not solely relate to possible monetary gains.

Cllr Finch proposed Council agrees that there is no case for it to answer because it has acted legally.  Cllr Fry seconded this motion.  8 Councillors voted against this proposal and 2 in favour.  The Chairman abstained from the vote.  The proposal was defeated.

o          It has been known for individuals to be co-opted as Parish Councillors to represent a ward in which they do not live.

CCllr Whetstone joined the meeting.

o          The Clerk stated that it appears to be generally agreed that legally and procedurally the recent co-option of Cllr Fry was acceptable and Council as a body has acted properly.

o          If there had been enough Maresfield candidates for the May election this current situation would not have occurred.

o          Cllr Galley referred to the 2006 by-election for Nutley at which he was elected and noted that he doesn’t live within the Parish at all but within three miles of its boundaries which accords with eligibility criteria.

Cllr Galley proposed that this Council values the contribution of all the parties concerned, understands the worries expressed by Maresfield residents, asserts that the process applied in the co-option was legal and agrees that a democratic vote was held.  This was seconded by Cllr Fry.  This proposal was Agreed by majority.

PCSO Juniper, Mr Taylor and Mr Wheeler left the meeting.

1297.   Minutes of the previous meeting held on 19^th June 2007 for adoption.
The minutes were Adopted.

Re. Item 1287.2.3 in the minutes of the previous meeting, Councillors have yet to convene to discuss the possibility of a name change for the Parish Council and the suitability of the Parish Office.

All Councillors originally nominated to form the working party confirmed their wish to be involved with the exception of Cllr Stevenson due to work commitments.  Cllr Mrs Penfold also agreed to join the working party.  ACTION:  Clerk to arrange a meeting date.

1298.   Reports by and questions to:-

1. County Councillors.

CCllr Whetstone made the following remarks:-

 - Governance of the Forest.  A document will be produced to define the outcomes of the recent meetings which have been held on this subject.  Consultation around the Parishes has been concluded and was by and large successful.  The Clerk to the Conservators is currently drawing up a schedule of winter works including maintenance and clearing of the heath land on the Forest.

 - DCllr Hoy is sorry not to be in attendance but he has recently been in and out of hospital.

 - ESCC’s fostering service has received a “highly recommended” score in a recent report.  There are very few children’s homes and virtually all children have to go to foster homes.

 - ESCC received a “satisfactory to good” report in the recent Corporate Assessment by the Audit Commission.  It was noted that ESCC is of course always striving to improve.

2. District Councillors.

DCllr Mrs S Martin gave a brief report on the LDF process, Core Strategy Issues, suggested development potential for the villages in and around the Ashdown Forest and details of public consultation in relation to these.

DCllr Ogden – WDC has £14m of funds allocated for Affordable Housing and yet no building has been started in the area to date.

1299.   Council bodies:  Actions, minutes and reports by, and questions to, Chairmen:-
1.         Environment.

Cllr Barlow reported the following:

o                   The situation at Parklands Play Area appears to be resolved.  He visited the site some days ago and spoke with a number of mothers who seemed relatively pleased with the outcome.

o                   Fords Green – he has put a report into the Clerk regarding action necessary on items which in his opinion are defective.  The Council needs to look at how it maintains its play areas and the possibility of a contractor fulfilling this requirement.

The Clerk voiced his support for Cllr Barlow and reported that unfortunately the last meeting of Environment Committee when a number of these issues were due to be discussed, was not quorate. 

At the next meeting scheduled for 31^st July 2007, these matters will be on the agenda for discussion.

The Clerk confirmed that the formal Annual Play Area Inspection has now been carried out and that the formal written report is expected imminently and will go before the next Environment Committee meeting.

The Chairman reminded Councillors that if unable to attend a meeting it is imperative that the Clerk is alerted to their absence so that every effort can be made to ensure that the meeting is quorate.

            2.         Finance & Administration:-

                        1.         Month 3 Financial reports.

The Clerk reported that the F&A Committee reviewed these reports at its last meeting and no major issues were raised by Cllr Street.

                        2.         Councillors audits of Parish Council Accounts 2007/08.

The Clerk referred Councillors to the schedule as circulated with the meeting papers.

                        3.         Approval of Assistant Clerk’s annual salary point increase.

The Clerk stated that following the Assistant Clerk’s excellent annual appraisal an increment in salary amounting to an extra £16 per month is now due with effect from 1^st April 2007.  This was Agreed.

Cllr Stevenson commended the Asst Clerk for her minute taking.

                        4.         Approval of an upgrade to the parish office computer network.

The Clerk referred Councillors to Cllr Stevenson’s proposal as circulated with the meeting papers.  The proposal is a remarkably cheap solution to the upgrade and some elements of the old machine will be used in the new one.  Councillors Agreed the following:-

1. To approve this upgrade to the Parish Office computer network i.e. the purchase of a new PC base unit as specified in Cllr Stevenson’s attached briefing report.
2. To authorise Cllr Stevenson to make this purchase from DABS.com using his own credit card on behalf of the Parish Council, as this special offer is only available “on-line”.
3. To authorise the virement of the £100.00 Website Development budget (code 4411) for this purpose, to supplement the amount of £151.00 remaining in the PC Upgrades budget (code 4308).

            3.         Planning.

Cllr Stevenson reported the following:-

o                   The Planning Committee will be responding with further comments to the Planning Inspector regarding O2’s appeal against WDC’s refusal to allow planning permission to site a fake fir telephone mast at Tyelands farm in Nutley.  It is hoped that the Planning Inspector on visiting the site, will understand the rationale of the Parish Council in its objection.

o                   Cllrs Barlow, Clarke and Ogden are currently reviewing the planning white paper entitled “Planning for a Sustainable Future”.  The consultation period ends on 17^th August 2007 and Cllr Stevenson urged the nominated Councillors to revert to him with their comments prior to the next Planning Committee meeting.

The Clerk noted the tremendous amount of work that Cllr Stevenson does in his role as Chairman of the Planning Committee and particularly commended him for his efforts regarding the O2 appeal, in putting together illustrative 3D maps to accompany the Parish Council’s submission to the Planning Inspector. Cllr Mrs Taylor supported the Clerks comments.

            4.         Strategy:-

Cllr Galley reported the following:-

o                   A line has now been drawn the under issue of a branch surgery of the AFHC in the Parish.  The Committee has agreed and recommends that a branch surgery should feature as an element of the Parish Council’s LDF input to WDC.

o                   There remains uncertainty with regard to the future of Nutley post office.  An Area Plan is being produced by the Government together the Post Office Ltd, which will determine the future of Post Offices. ACTION:  Clerk to acquire a copy of relevant report expected to be available in Sept 2007.

Cllr Stevenson suggested that those non-Councillor committee members who have recently resigned from the Strategy Committee should be sent a letter thanking them for their contribution. ACTION:  Clerk.

                        1.         Local Development Framework – WDC Issues & Options consultation.

Cllr Galley reported “surgeries” have been fixed for three days of the week commencing 23^rd July 2007, which will primarily be listening sessions where Parishioners are invited to give their views.  It was noted that there is a need for volunteers to help man these sessions.  Councillors should have a broad understanding of what is in the LDF document although a full copy will be available for reference.

Councillors were referred to the relevant documents as circulated with the meeting papers.  ACTION:   All Councillors to revert to Clerk with availability.

                        2.         People’s Local Utility Group (PLUG) – update by Cllr Finch.

Cllr Finch asked that this item be deferred to the next Council meeting.

1300.   To consider complaints received regarding Councillor co-options for Maresfield Ward     conducted at the meeting of Council held on 19^th June 2007.  See above.

1301.   Adoption of proposed changes to Committee remits.  These were Agreed.

1302.   Outside bodies’ reports.

The Chairman reported that Maresfield Conservation Group now has a lady Chairman for the first time in 18 years and that this group is moving forward in conjunction with the Parish Council on LDF work.

Cllr Fry reported that older peoples groups in East Sussex have joined together to form the East Sussex Seniors Association.  This group has particular interest in the LDF with regard to ensuring that the interests of older people are well represented.

1303.   Chairman’s Report followed by questions to Chairman.

The Chairman thanked Committee Chairmen for their hard work.

He together with the Clerk met with four Officers from WDC’s Housing and Planning Department and visited potential Affordable Housing sites in the Parish.  The Chairman and Clerk were quite pleased with the outcome of this meeting and a full report will be made in due course.

Cllr Mrs Taylor enquired as to any progress regarding Cllr Kings suggestion that WDCs decision re. Persimmon’s outline application at Park Farm is referred to the Scrutiny Committee.

The Chairman explained to Councillors that Cllr King’s query i.e. whether the matter should be referred to the Scrutiny Committee was based on whether firstly, DCN had an opportunity to and indeed did review the traffic assessment and secondly whether an assessment had been carried out to consider the impact on the Ashdown Forest of the increased number of people living in the new houses and using the Forest for recreational purposes.  The Chairman confirmed that the traffic assessment was in fact forthcoming a couple of days prior to the meeting.

Furthermore, should the Parish Council wish to take this issue before the scrutiny committee it must make the appropriate representations prior to the Scrutiny Committee’s next meeting on 28^th August 2007.

DCllr Mrs Martin noted that at recent a meeting with the Clerk to the Forest, Dr Prendergast confirmed that it is stipulated that no development should take place within 5km of the Ashdown Forest. It was noted that Dr Prendergast is very familiar with this issue and that it might be worthwhile contacting him in this regard with a view to obtaining more information.  Such rules may cover both the Grampian and Maresfield sites. 

1304.   Clerk’s Report followed by questions to Clerk.

The Clerk made the following verbal report:-

o                   There is a lot more value in face to face meetings and getting out and about that to being office bound, as was clearly demonstrated when he and the Chairman recently met with WDC officers regarding Affordable Housing.

o                   He has spent a great deal of time finalising the external audit annual return which now awaits the Chairman’s signature.

CCllr Whetstone left the meeting.

The Clerk confirmed that he sent to Cllr Finch by email the information he requested at the last meeting regarding insurance.

1305.   Payments to be made: for approval.

The Clerk noted that also circulated with the meeting papers was a schedule of grants and donations which have already been approved by Council and will be paid and distributed this month.

Furthermore, everyone applying for a grant next year must fill in a comprehensive application form which all groups and societies have been sent together with a copy of the Parish Council’s grants policy.

Payments totalling £7,744.05 were Approved.

1306.   Communications:-

            1.         ‘The Parish Matters’ – articles for Summer edition.

Councillors were referred to the schedule as circulated with the meeting papers.

The Clerk stated that the Parish Office is currently looking at alternative formats and means of circulation for the document.

1307.   Date of next meetings:-

            1.         7^th August 2007 (Maresfield) – extraordinary meeting to agree Council’s response to             WDC   Issues & Options consultation  for the Local Development Framework.

This meeting will be the outcome of the deliberations of the LDF working party which will be put before Council for approval.

DCllr Mrs S Martin, Cllr Clarke and Cllr Barlow offered their apologies for this meeting.

            2.         18^th September 2007 (Fairwarp) - next full Council.

There being no further business the meeting closed at 21.22.