Minutes of the full Parish Council Meeting
held on 19th August 2019 in the Village Hall, Shrubland Road at 7.30pm
Councillor C Howell (Chairman of the Council)
Councillors J Chaplin (Vice Chairman)
Councillor B Burton (As a Councillor from end of Minute Number 11)
Councillor J Cambridge
Councillor R Frost
Councillor P Nutter
Councillor H Turner
Mrs S Clements – Parish Clerk/Responsible Financial Officer
District Councillor A Coley
Five Members of the Public were present.
1. Welcome and Apologies for Absence – The Chairman welcomed everybody to the Meeting. Apologies for absence were received from Parish Councillor Kent, Parish, District and County Councillor C Guglielimi and Parish and District Councillor V Guglielimi.
2. Declarations of Interest – The following Declarations of Interest were made:
Name of Councillor
Section 137 Grant – Autumn Days – non-pecuniary interest.
Mistley Rugby Club – non-pecuniary interest.
Mistley Rugby Club – non-pecuniary interest.
Fencing – Councillor Howell’s brother is one of the contractors quoting – non-pecuniary interest.
Section 137 Grant – Autumn Days – non-pecuniary interest.
3. Public Voice – One Member of the Public spoke about the Corbeau Seats Rally Tendring and Clacton on the 25th-26th April 2020. Details relating to road closures, access for residents, volunteer marshals, food stands and spectators were all noted. The concerns raised from last year’s event will be taken on board by the Rally, which included speeding, noise and disruption to Mistley residents. One Member of the Public left the Meeting at this point.
Another Member of the Public raised concerns about the issues encountered at the local recycling centres. Councillors noted the congestion at the recycling centres mostly at weekends where the facilities are used not only by Mistley residents but Lawford, Manningtree and also Brantham and East Bergholt residents. Weekends are particularly busy. The recent health and safety issue was noted. The Member of the Public also raised his concerns regarding the recent changes and new model rubbish and recycling collections. The timetable is not being adhered too, the new wheelie bins are not compatible with the collection vehicles, and the operation appears to have under estimated the pressures on the change management as the same teams are being used from the previous rubbish and recycling collection arrangements. District Councillor Coley agreed to pass the observations regarding the recycling centres and also rubbish and recycling collections onto the District and County Councils. A Member of the Public spoke about conversion of the old concrete base on what was previously a swimming pool with the idea to follow a similar model to West Mersea and regenerate fishing and tourism in Mistley. He noted that the Parish Council does not own this land.
4. District and County Councillors Reports – The written reports were received and noted. District Councillor Coley spoke about the recent Public Inquiries that he has attended relating to Mistley and also to Lawford. For the Public Inquiry for Mistley, Parish Councillor Cambridge attended on behalf of the Parish Council and Mr Rayner attended on behalf of local residents. Parish, District and County Councillor C Guglielimi also attended with Parish and District Councillor V Guglielimi. District Councillor Coley spoke about infrastructure pressures, insufficient school places even though the High School is expanding, lack of green spaces and sewerage pressures.
At this point in the Meeting the letter received from a local resident by the Parish Council was read to the Meeting and District Councillor Coley was asked to respond as the letter related to infrastructure pressures on sewerage in Mistley. It was noted that the LPA (Local Planning Authority), i.e. Tendring District Council would consult various statutory consultees for planning applications, including Anglian Water Authority for any planning applications.
5. Policing Update – There were no new updates from PCSO Pat Smith.
6. Minutes of the last full Parish Council Meeting held on the 22nd July 2019 – These Minutes were received and considered. Proposed by Councillor Nutter, seconded by Councillor Peacock and approved following the vote. (Copy in Minute Book).
7. Update/Matters Arising from Previous Minutes held on the 22nd July 2019 – There were no new updates.
8. Councillors to Report on External Meetings Attended – Brief verbal updates were received as follows:
a) Safer Essex Roads Partnership Meeting – 31st July 2019 – Councillors received a verbal update from Councillor Chaplin. They noted that the main purpose of the Meeting was to launch the new speed camera which will give the Community Volunteers Team the same powers as the Police in speeding offenses. Anybody who is recorded as exceeding the speed limit or on a mobile phone will have a fine sent to them. There will be no warning signs telling people when Safer Essex Roads Volunteers are in operation.
b) 75th Anniversary of VE Day – weekend of 8th May 2020 – Councillors received a verbal update from Councillor Chaplin. They noted that a Meeting will be arranged once Parish Councillor Julie Langstone from Lawford Parish Council’s health improves.
c) Three Chairs Meeting (Lawford Parish Council, Manningtree Town Council & Mistley Parish Council) – Councillors received an update from Councillor Chaplin.
They noted that several issues were discussed. Councillor Chaplin brought up on behalf of Mistley the possibility of a speed camera along the walls. Parish, District and County Councillor C Guglielimi agreed to forward information to the Clerk. The future of the Post Office was discussed. Also, the new burger and hot drinks van along The Walls was mentioned. The Community Governance Review between Lawford Parish Council and Manningtree Town Council was discussed where Mistley Parish Council has resolved that it does not wish to be part of this Review. Councillor Chaplin asked if there would be a referendum to establish the views of Lawford and Manningtree residents and she was advised that a referendum is not proposed and that residents will be able to make comments/observations on the District Council’s website and that the final decision will be made by Tendring District Council. The informal Community Governance Review Meeting was noted, so that Councillors from each Parish can attend. See item b) above regarding the 75th Anniversary of VE Day and the latest position which was also mentioned.
d) Other Meetings
a) Public Inquiry – APP/P1560/W/19/3220201 – Land to The South of Long Road and to West of Clacton Road Mistley – Councillor Cambridge attended the Public Inquiry on behalf of the Parish Council.. Mr M Rayner attended on behalf of the public, together with District Councillor A Coley, Parish, District and County Councillor C Guglielmi and Parish and District Councillor V Guglhelmi. The Inquiry has been deferred until the 29th-30th October 2019.
b) Manningtree District Business Chamber – Councillor Nutter reported on his attendance at the 5th August 2019 Meeting. Items discussed included a possible plastic bag free Town with retailers in Manningtree putting up a sign about this, the Saturday morning Manningtree Market which is very popular, whereas the Friday morning Market is less busy. The Vintage Market was also discussed at the Meeting and also arrangements for Christmas. Discussions are underway about discounts and promoting membership of the Chamber.
9. Clerk and RFO (Responsible Financial Officer) Matters
a) Schedule of Accounts for Payment – The schedule of accounts was received and considered. This was proposed by Councillor Cambridge, seconded by Councillor Frost and agreed in the sum of £5,118.56. (Copy in Minute Book).
b) Website Accessibility Statement Policy – Councillors considered the outcome of the audit of its Website, where the deadline for legal compliance is September 2019. It was proposed by Councillor Carter, seconded by Councillor Frost and agreed to adopt the Website Accessibility Statement Policy.
c) Mistley Rugby Club – Councillors considered the request received from the Club regarding an additional ground lease. The Council noted that the Rugby Club has a current 75 year ground lease which commenced on the 5th September 2017. Ground rent is also payable with provision in the lease for the ground rent to be reviewed. The Council noted that this land has not been adopted by the Parish Council and the Developer Section 106 Agreement has not been discharged. Councillor Cambridge explained that this piece of land has been earmarked for sports use and as part of the
Section 106 Agreement the land needs to be fit for purpose and of a certain standard for sports use. Councillor Cambridge agreed to look at the area in order to establish a better idea of the size and layout. It was proposed by Councillor Howell, seconded by Councillor Cambridge that the matter of the land be deferred until it has been discharged and that all Mistley volunteer sporting clubs and organisations be given the opportunity to apply for a lease of the land/part of the land from the Parish Council once it is available and in the interests of openness, fairness and transparency.
Councillors Carter and Frost took no part in the discussion and abstained from the subsequent vote on this item given their respective non-pecuniary interests.
One Member of the Public left the Meeting at this point.
At this point and because of the Chairman – Councillor Howell’s non-pecuniary interest, Councillor Chaplin the Vice Chairman chaired the Meeting for the following item only, i.e. 9.e) Fencing Quotations. Councillor Howell took no part in the discussion and subsequent vote.
d) Fencing Quotations – The quotations received were considered. It was proposed by Councillor Nutter, seconded by Councillor Cambridge and agreed that this matter be deferred and the contractors asked to quote for a different specification and materials, similar to the fencing recently installed at the Furze play area. The preferred materials being metal and as vandal resistant as practicable.
The Chairman – Councillor Howell resumed the chairing the Meeting.
e) 1st Quarter Report – Councillors received and considered this report which has been “signed-off” by the Internal Auditor. Following the vote, the 1st Quarter Report to the end of June 2019 was agreed.
f) Grounds Maintenance Volunteer Group – Councillor Nutter explained that the Volunteer Group has just been established and needs to embed more fully. Councillors were delighted to hear that following the hard work of Councillor Nutter 10 local Volunteers and 2 local companies are part of the Group. Councillor Nutter advised that one of the Volunteer’s or a Member of the Public may have a suitable second-hand mower which can be borrowed or donated. It was proposed by Councillor Howell, seconded by Councillor Turner and agreed that the possible purchase of a lawn mower be deferred until Councillor Nutter’s efforts to source a mower via borrowing or donation have been exhausted.
g) Village Hall Maintenance – The Council noted that in accordance with the Council’s Financial Regulations, the Clerk had endeavoured to obtain three quotations. However, after contacting eight different contractors, only one quotation has been received to-date. It was proposed by Councillor Cambridge, seconded by Councillor Howell and agreed that the Clerk contacts the Village Hall Management Committee with regard to the quotation received for soundproofing the main hall from the lounge, suggesting that only one door is required.
h) Rural Community Council of Essex – The Council received and considered the information received about this. Following the vote, proposed by Councillor Peacock, seconded by Councillor Carter, the annual membership of £72.60 was agreed.
i) Section 137 Grant Requests – Autumn Days Club and SARS (Suffolk Accident and Rescue Service) – The Council received and considered the grant requests received. Following the vote, (proposed by Councillor Nutter and seconded by Councillor Cambridge), it was agreed to consider these two requests at the October Parish Council Meeting, along with other grant applications.
Councillors Carter and Peacock took no part in the discussion following their respective nonpecuniary interest declarations. They also both abstained from the vote.
j) Play Area Risk Assessment – The Council considered the Clerk’s suggestion for completion of simple monthly written assessments, following visual inspections of the play areas for insurance and good practice purposes. Councillors noted that this would be alongside the annual play area check by a professional via Tendring District Council. The Council noted that at its Meeting on the 28th January 2019 the Parish Council had resolved not to complete written monthly assessments after visual checks, but this resolution is now more than 6 months old. It was agreed following the
vote, (proposed by Councillor Nutter, seconded by Councillor Frost) that the Parish Council’s Warden be asked to complete written assessments each month after the normal regular visual checks.
k) Finance Matters – There were no urgent matters.
10. Correspondence – To note/agree the following:
a) Manningtree Town Council re Wild Flower Verges – The Council considered the request for the Parish Council’s views on a partnership scheme with the Open Spaces Manager at Tendring District Council regarding a wildlife area east of Kiln Lane off Brooks Maltings, Mistley. Following the vote, this was agreed. (Councillor Kent has previously represented the Parish Council). It was also felt that the Welcome Home field would also be a good site for wild flower verges.
b) FOI (Freedom of Information) Request – The Council received and noted the correspondence received regarding the Council’s Play Areas which the Clerk has responded to.
c) Chelmsford Motor Club – Corbeau Seats Rally Tendring & Clacton 2020 – 25th-26th April 2020 – Councillors received and considered the correspondence received from this organisation and also the presentation during the Public Voice above under Minute Number 3. Following the vote, this was broadly supported.
d) Essex County Council Highways – Lighting Column – Futureway Homes – Middlesfield Road to Harwich Road – Councillors noted that Futureway Homes has advised County Highways that it considers that the Parish Council should pay for the removal of the lighting column, lantern and the energy disconnection services. They noted that the County Council will carry out an assessment of the site and surrounding area to ensure that the proposed lighting scheme is of an acceptable standard. A discussion ensued. Following the vote, (proposed by Councillor Cambridge and seconded by Councillor Peacock), the Council reaffirmed its previous resolution where it will not be paying for the lighting column costs. It was agreed to take up the offer of an assessment by Essex Highways.
e) Other Correspondence – The following details received after the agenda was distributed were noted:
i) Frankenberg Partnership Association – Councillors noted the correspondence received from Lawford Parish Council and the 50th Anniversary between Frankenberg and Lawford and possible twinning – Following the vote, the Council raised no objections to the proposed civic event or to any future twinning proposals.
ii) Essex Wildlife Trust Summer/Autumn Magazine & Invitation to AGM and Members Day – Saturday 5th October 2019 – Great Wigborough, Essex – The details were noted. It was agreed that Councillors Cambridge and Chaplin will attend. The Clerk advised that expenses can be claimed for the cream teas and mileage.
11. Co-option of Parish Councillor Applications – Councillors received and considered the application after the notice period. It was agreed following the vote, that Beverly Burton be co-opted to fill one of the casual vacancies. The Council was delighted to welcome Councillor Burton back onto the Parish Council. This leaves one current casual vacancy. It was agreed that Councillor Nutter should ask the Volunteer Group if anybody is interested in applying for this role. At this point of the Meeting Councillor Burton joined Councillors at the Council tables in her role as Parish Councillor. Councillor Burton also agreed that following her successful co-option onto the Parish Council that she will join Councillors Cambridge and Chaplin at the Essex Wildlife Trust AGM and Members Day. Expenses will be paid by the Council in the normal way.
12. Furze Woodland Management Phased Plan – The Council noted that Mr Horlock the Council’s Volunteer Tree Warden will be meeting with Mr Ellis the tree specialist on the 23rd August 2019. It was proposed by Councillor Howell, seconded by Councillor Nutter and agreed following the vote, that this matter be deferred to the September Parish Council Meeting when more will be known following receipt of the tree specialist report.
13. Speeding and Parking Issues in Mistley –Due to time restraints and the Parish Council’s Standing Orders for Meeting durations, it was proposed by Councillor Howell, seconded by Councillor Cambridge and agreed following the vote, that this matter be deferred until the September Parish Council Meeting.
14. The Future Library Services Strategy 2019-2024 – Essex County Council Cabinet Meeting – 23rd July 2019 – Councillors received an update from Councillor Turner regarding the strategy. It was noted that following an FOI (Freedom of Information request) that an Expression of Interest was submitted in June 2019. By September 2019 more details will hopefully be known, including any business plan/s.
15. Mistley Village Hall Management Committee AGM – 30th September 2019 – 7.30pm – Mistley Village Hall – Councillors noted the AGM. It considered and agreed following the vote (proposed by Councillor Howell and seconded by Councillor Frost) that Councillor Nutter will join as an additional Parish Councillor to join the Committee in addition to Councillors Burton, Carter and Peacock.
16. Community Governance Review – Following the request received by Manningtree Town Council, the Council considered the request for a Community Governance Review (in terms of a potential amalgamation of the three parishes of Lawford, Mistley and Manningtree). Mistley Parish Council agreed/resolved and reaffirmed publicly, following the vote, (proposed by Councillor Nutter, seconded by Councillor Peacock) that the Parish Council is opposed to Mistley being amalgamated as part of the three parishes as it is not aware of any real benefits to Mistley, but it raised no objection should Lawford and Manningtree wish to pursue amalgamation options.
17. Dates of Next Meetings – The following were noted. Full Parish Council Meeting – Monday 23rd September 2019 7.30pm in the Village Hall. Planning Committee Meeting – Thursday 5th September 2019 7.30pm.
18. Resolution to Exclude the Public and the Press – The Public Bodies (Admission to Meetings Act 1960) and the Local Government Act 1972 ss 100 and 102. The Council considered and agreed following the vote, to exclude the Public (the Press were not present), since publicity would legally prejudice commercial sensitivity and confidentiality. Proposed by Councillor Howell and seconded by Councillor Cambridge.
19. Confidential Minutes of the full Parish Council Meeting held on the 22nd July 2019 – The Council is asked to receive, consider and agree these Confidential Minutes.
20. Update/Matters Arising’ from the Confidential full Parish Council Minutes held on the 22nd July 2019 – The Council is asked to receive and note any updates/matters arising.
21. Staffing – The Council is asked to receive an update and consider/agree any matters.