Minutes of the full Parish Council Meeting on 25th November 2019


Minutes of the full Parish Council Meeting held on 25th November 2019 in the Village Hall, Shrubland Road at 7.30pm

Councillors Present:
Councillor C Howell (Chairman of the Council)
Councillor J Chaplin (Vice Chairman)
Councillor B Burton
Councillor J Cambridge
Councillor G Carter
Councillor R Frost
Councillor P Nutter

In Attendance:
Mrs S Clements – Parish Clerk/Responsible Financial Officer
District Councillor A Coley
Four 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 Councillors Kent and Peacock. Also Parish (Lawford), District and County Councillor C Gugliemi and Parish (Lawford) and District Councillor V Guglielmi.

2. Declarations of Interest – The following interests were made:

Name of Councillor
Details of Interest Minute Number
Councillor Howell Non-pecuniary interest. (Payment of an invoice to her brother) 12. a) payment to fencing contractor – schedule of Accounts

3. Public Voice – One Member of the Public spoke about the pot-holes at Shrubland Road – an un-adopted private road. Councillor Howell explained the background to the previous repairs to this Road. The Parish Council expressed its disappointment in the deterioration of the road, where the building development work and rain/ice/weather conditions have added to the issues. It was agreed that the Parish Council will approach both housing developers who are still on site to ask if they can make good the relevant areas of the road when they leave the site and the development and building works have been completed.

The Council noted that the spray painting signage with “No Parking” has still not been removed by the District Council. The Clerk will chase this matter. The general parking issues were noted.

One Member of the Public left the Meeting at this point.

4. District and County Councillors Reports – The written District Councillors report was received and noted. It included updates on Planning Applications and Appeals, the invitation to comment on the Heritage Strategy for Tendring District Council and the General Election and Registration.

District Councillor Coley responded to a query relating to the emerging draft District Local Development Plan and the draft Housing/Land Supply figures, which are currently with the Inspector.
The Parish Council commented that it was pleased to note that the application by Rose Builders Limited has been refused by the Local Planning Authority (LPA) primarily because of the Developers Section 106 Agreement being insufficient for the associated infrastructure of the proposed housing development and planning application. Councillors expressed their disappointment that a local building company should attempt to submit a proposal which falls very short of the expected requirements and the associated potential impact of the said shortfall in the local community of the proposed building of 70 additional dwellings in Mistley.

District Councillor Coley left the Meeting at this point.

Councillors noted the written County Councillor Report received on the 25th November 2019 which included details about the Essex Trading Standards Crown Court case against a car dealer from Chelmsford who has been misleading consumers, Demolition of the Army and Navy Flyover, the Senior Cabinet Minister visiting Harwich, The A120/A133 Link Road and Rapid Transit System consultation, and Essex Schools urged to sign up to the Risk-Avert programme,.

5. Policing Update – Councillors received and noted the email report and update from PCSO (Police Community Support Officer) Pat Smith. They noted that two crimes had been committed in Mistley since the last report, which were possession of personal supply of herbal cannabis (High Street) and the theft of a motor vehicle (High Street). The crime report details for Lawford and Manningtree were also noted. Councillor Nutter reported on the new Police Constable (PC) who will cover the Mistley area.

6. Minutes of the last full Parish Council Meeting held on the 28th October 2019 – These were received, considered and approved following the vote.(Proposed by Councillor Frost and seconded by Councillor Carter). (Copy in Minute Book).

7. Update/Matters Arising from Previous Minutes held on the 28th October 2019
• Minute Number 11 a) Mistley Rugby Club Meeting – Councillor Frost advised that the Rugby Club is still liaising with the electrical and telecommunications providers.

8. Furze Woodland Management Phased Plan – Councillor Nutter provided an update. The Council noted that in order to protect the veteran trees and essential hallowing, together with health and safety work, that the marking out of the specified trees by a professional tree expert will cost £700.00. The Council is aware of the ring-fenced £500 in reserves for this work. It was proposed by Councillor Cambridge, seconded by Councillor Burton and agreed following the vote that this essential work and first phase should proceed.

9. Restoration of the Wall at The Green – The Council noted that the wall is not a listed structure. In view of it being in the Conservation Area the Clerk will obtain confirmation in writing that the Local Planning Authority (LPA) does not require planning permission for any restoration works to the wall which will involve using conservation methods and materials.

10. The Milestone – The Council noted that there is a Site Meeting to discuss this further on the 28th November 2019. There will be a representative from the County Council attending.

11. Councillors to Report on External Meetings Attended – Brief verbal updates were received as follows:
a) Chairman’s Training Course – EALC (Essex Association of Local Councils) – Councillors received a verbal update from Councillors Frost and Howell. They noted that the course was interesting, informative’, it included some guidance on governance matters and was a good forum for networking opportunities with other Parish/Town Councils.
b) Parish/Town Council Meeting with Tendring District Council (TDC) – 8th November 2019 – Councillors Carter and Chaplin reported on attendance of this Meeting. Areas covered included the precept, finances, elections, and the Monitoring Officer spoke about the code of conduct and imminent training and also Parish/Town Council websites. Officer contacts were established, who offered to support the Parish Council on an individual basis.
c) Other Meetings – Manningtree Town Council Meeting – 19th November 2019 – Councillor Nutter reported on his attendance at this Meeting. He provided an update about the following:
(i) VE Day 75th Anniversary Celebrations 9-10th May 2020 – A volunteer working group has been set up. The local Royal British Legion (RBL) will assist with organising the event, where a street party and parade is proposed. Councillors agreed that they are very much in favour of supporting these worthwhile and poignant celebrations, perhaps by using the Welcome Home Field, in view of the background and significance of this community space.
(ii) Manningtree and District Frankenberg Partnership Association – 50th Anniversary Celebrations – June 2020 – Councillors noted that discussions are in place for visits to Frankenberg and Manningtree. The Council agreed that it is very much in favour of supporting these important community events.
(iii) Fun at the Furze – June 2020 – The Council noted that Manningtree Town Council would offer one Town Councillor representative to assist and support this event proposed by a local resident, but on the condition that Mistley Parish Council would also support it in a similar way. A full and detailed discussion ensued. Following the vote, the Council considered that at such notice and with inadequate resources, that on this occasion it would not wish to partake in the organisation of this large scale community project. Ideas for similar community summer events for 2021 were suggested.

12. Clerk and RFO (Responsible Financial Officer) Matters
a) Schedule of Accounts for Payment – The schedule of accounts was received and considered. It was proposed by Councillor Frost, seconded by Councillor Cambridge and agreed following the vote, that the accounts in the sum of £4,998.16 be paid. (Copy in Minute Book). The existing contract for street lighting was queried relating to its end date, together with the query about the opportunity to re-tender for this large contract. The Clerk will investigate further.
b) Section 137 Grants – The grants for Mistley Swans (previously Swanwatch), (including the £75 previously agreed) and the Rugby Club will be deferred to the next Meeting.
c) Pay as You Go Mobile Phone – Proposed by Councillor Howell seconded by Councillor Nutter and agreed following the vote that a basic mobile phone be purchased for around £20 (including the Sim card) and that £30 credit be purchased in the first instance for the Parish Clerk to assist with facilitating practical Locum Clerk coverage and holiday cover.
d) Fun at the Furze Summer 2020 Event – See Minute Number 11 c) above.
e) Finance Matters – There were no other matters.

13. Correspondence
a) Footpath Report November 2019 – The Council received and noted the report from the Parish Footpath Warden and thanked him for his hard work.
b) Fly Tipping – Councillors received and noted the procedure for reporting.
c) Free the Trees – Suffolk Coast and Heaths – Areas of Outstanding Natural Beauty (AONB) – Councillors received and considered the correspondence received. It was noted that Mistley does apply to this correspondence and that Mistley is outside of the AONB.
d) Essex County Fire and Rescue – The Public Consultation about the future of the service was received and noted. Deadline 5pm 13th December 2019. Councillor Nutter has responded.
e) Bus Stop (outside of Mistley Manor) – Councillors received and noted the correspondence received from Sir Bernard Jenkin MP. At the current time the Parish Council has not received any correspondence from Essex County Council Highways about this. A brief discussion ensued about other bus stop signs which have appeared around the Village.
f) Tendring District Council – UK Parliamentary Election – The Council noted the details for Thursday 12th December 2019. Councillors expressed disappointment about the District Council issuing the incorrect details and missing out our area in other publications.
g) FOI (Freedom of Information) Request – Councillors noted the request relating to School Crossing Patrol Staff. The Clerk has responded in the normal way and within timescales.
h) Code of Conduct Training for Parish/Town Councillors – Tuesday 4th February and Tuesday 18th February 2020 – Council Chamber, Weeley from 6-8pm – This was noted.
i) VE Day 75th Anniversary – 8th – 10th May 2019 – See Minute Number 11 c) above.
j) Other Correspondence – The Chairman – Councillor Howell has received an invitation to the Tendring Awards evening.

14. Co-option of Parish Councillor Applications – Councillors noted that no formal applications have been received at the present time.

15. Councillor Kent – Following the vote, the Council considered and agreed a further extension of three months family leave to Councillor Kent.

16. Welcome Home Trust –
a) The Council received and considered the Trust Deed. It was agreed to adopt the Trust Deed, following the vote. (Proposed by Councillor Nutter and seconded by Councillor Cambridge).
b) It was agreed to appoint Councillors Burton, Cambridge, Chaplin, Frost, Howell and Nutter as Trustees following the vote. (Proposed by Councillor Nutter and seconded by Councillor Cambridge).
c) It was agreed following the vote that Councillors Cambridge, Howell and Nutter be bank signatories.
d) It was agreed following the vote, that the next Welcome Home Trust Meeting (closed/confidential) will be held on Friday 24th January 2020 at 6pm at Councillor Howell’s house.

17. Mistley Rugby Club – See Minute Number 7 above.

18. Councillor and Clerk Generic Emails – The Council agreed to defer this matter.

19. Dog Byelaws – A discussion ensued with regard to any mitigation measures regarding “Dogs on Leads” byelaws in recreational spaces around Mistley, (including Furze Hill and the Welcome Home Field). The issues with the sports’ fields’ and dogs fouling and owners not being in control by their dogs was discussed. Following the vote, it was agreed that Councillors Chaplin and Cambridge will investigate changes to the wording on the existing signage with a view to making the byelaws clearer and they will also look at signage provision and locations.

20. Futureway Homes – Councillors were disappointed to note that the highway is still in a dangerous condition as the developers are not sweeping and clearing mud and this situation deteriorates if it is wet and there are icy conditions. Councillor Cambridge has had various site meetings with the developers to discuss these dangerous issues. The Council received an update regarding the water supply and car park rental. They noted that the Section 106 legal documents have been passed to the Head of Legal at the District Council to agree in accordance with the planning application, before these are legally signed off, following protocol.

21. Dates of Next Meetings – The following were noted.
• Full Parish Council Meeting (Budget/Precept Meeting) – Monday 16th December 2019 at 7.30pm in the Village Hall.
• Planning Committee – Thursday 5th December 2019 at 7.30pm in the Village Hall.
• Finance Committee – Friday 6th December 2019 at 6pm in the Village Hall.

22. 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 (proposed by Councillor Howell and seconded by Councillor Frost), following the vote, to exclude the Public (the Press were not present), since publicity would legally prejudice commercial sensitivity and confidentiality.

23. Confidential Minutes of the full Parish Council Meeting held on the 23rd September 2019 – The Council is asked to receive, consider and agree these Confidential Minutes.

24. Update/Matters Arising’ from the Confidential full Parish Council Minutes held on the 23rd September 2019 – The Council is asked to receive and note any updates/matters arising.

25. Staffing – The Council is asked to receive any updates and consider and agree any matters.

The three remaining Members of the Public left the Meeting at this stage.
There being no further business this part of the Meeting closed to facilitate the closed/confidential session.