MINUTES OF THE MEETING OF PORTSKEWETT COMMUNITY COUNCIL HELD IN THE RECREATION HALL TUESDAY 16 th JANUARY 2007

Mr Ken Prosser reported that he had witnessed vehicles using the Parkwall Estate as a thoroughfare from the B4245 into Leechpool. As the ambulance station is located there it is a dangerous practice. PC Turner stated that as the land is private it's not actually illegal. If the landowner wanted to bring a case it could be enforced. PC Turner would speak to the ambulance staff to ask if restricted access could be used. He would also speak to the Highways department at MCC.

Mrs C Jethwa and Mr and Mrs J Sawley informed members that they are aware of rumours and allegations regarding their conduct at a charity event that they held during December.  At the event they were aware that the music had to stop at 11.45 pm.  At that time people requested that one more dance be allowed.  The Secretary of the Recreation Hall entered the hall, turned the lights on and told people to leave. He called the police who attended.  Mr and Mrs Sawley were then advised by letter from the Management Committee that they would not be allowed to book the hall again as they had breached the booking conditions.  They had written to the Management Committee, by recorded delivery, asking what conditions they had breached and had not received a reply.  Two members of the committee who were at the event had intimated to the organisers that ‘it would be ok to go until 12 o'clock'.

Mrs Jethwa stated that she also had written to the Management Committee but also had not received a reply or an acknowledgement.

The Chairman stated that this was not technically a Community Council issue but, as it had appeared in the December minutes that Mr. Edwards had stated offensive language had been used in his presence by a member of the party, Mr and Mrs Sawley had a right to reply.  The minutes are a public document.

 Councillor Evans, as the Recreation Hall representative had attended a meeting of the Management Committee where Mr Edwards had said he had been abused when he had turned the lights on.  He felt intimidated and walked out and was followed by 3 people, one of whom had sworn at him. The organisers of the event dispute that. It was the organisers that have been banned from the hall, not the event.  

The Chairman (Community Council) informed members that Mr and Mrs Sawley had held charity events over the past 5 years and had raised in excess of £8,000 for Cancer Research.  After all their good work they are now being implicated in this unpleasant issue.  Councillor Fox stated that he fully supported the Chairman's comments.  Councillor Evans would ask the Chairman of the Management Committee to respond to Mr and Mrs Sawley's letter.


1. SIGN THE ATTENDANCE BOOK

The Attendance Book was duly signed.

•  APOLOGIES FOR ABSENCE

Apologies had been received and accepted from Councillors Turner and Parker.

3. MINUTES OF THE LAST MEETING

It was proposed by Councillor Griffiths and seconded by Councillor Watts and agreed that the minutes of the last meeting were accepted as a true record.

4 MATTERS ARISING

•  Traffic Calming and Warning Signs for School
No progress.

•  The Lease on The Quest
Awaiting new lease.

c) Recreation Hall Lease
Clerk had emailed MCC Legal Department to request a meeting. A reply had been received stating that the Charity Commission had confirmed MCC's view of the relationships and that a meeting would not be beneficial. Mrs Swanson went on to explain that where there is a trust, MCC grants the lease to the "custodian trustee".  Under the current lease the custodian trustee is the Portskewett Community Council.  There is nothing to stop the Trust from changing the custodian trustee at any time.  The only input from MCC is to ensure that the new custodian trustee(s) are appointed correctly under the Trust's constitution and that MCC are vesting the lease in the correct people/body.

The management committee is not (at least for the present) the custodian trustee as it does not have a corporate identity of its own.  If the management committee wants to replace the Community Council as custodian trustee it has two options.  It can either appoint two of its members to become custodian trustees OR it can become a corporate body.  Obviously that is a matter for the Trust to decide, not the County Council. It must also be done in accordance with the terms of the Trust, which is via a special meeting of the local inhabitants. A special meeting was held on 9 th January, the minutes of which are attached. The Clerk informed members that she had looked through copies of old minutes and had found, in minutes from 1980, evidence that the Community Council paid the insurance premium and were reimbursed by the Management Committee. This changed in 1981.

•  Car Parking at Church Hall/outside School
PCSO Withers informed members that a ‘Green Cone' scheme may be useful. This scheme was currently being used at West End school to prevent parked cars causing congestion at beginning and end of the school day. The scheme is voluntary and not enforceable unless a single yellow line is painted in the area. Someone would have to put the cones out and put them away. PCSO Withers will ask the head of West End school for details.

•  Designation of Bridleway
No progress to report.

•  Claim Against Council Insurance
No progress to report.

•  Closure of The Paper Mill
No progress to report.

•  Broken Fence on Harold's Park Side of Sudbrook Bridge
The Clerk had received a telephone call from Network Rail who stated, as new posts were required, a buried services survey would need to be carried out before any works. This would take approximately 8 weeks.

•  Main Road Streetname
Awaiting for new one to be installed. The Clerk had emailed MCC again asking when the sign would be replaced.

•  Brow of Hill on Crick Road
Councillor Watts asked if the Clerk could write to Highways to investigate the road being widened on the brow of the hill.

•  Council Accounts 2005/06
No progress to report.

•  Car Dealers at Parkwall
The Clerk had asked for an update from the Planning Department and had been informed that the person selling the cars had eventually contacted the Enforcement Officer. He was advised that planning permission was required and the relevant forms forwarded to him. An application has not been submitted and he will now be advised that unless the forms are submitted within 14 days, enforcement action will be considered.

•  Youth Club in the Village
Councillor Watts informed members that the Youth Club had no funds at present. She asked if a donation could be made. Clerk to place on the agenda for February.

•  Warning Signs at Black Rock
No progress to report.

•  Proposed Section 106 Money
No progress.

•  Lights on Sudbrook Road
The Clerk had been informed by MCC that the fault was still with Western Power Distribution.

•  Map Case in Sudbrook
Councillor Watkins, with the help of other members would move the map case to the green outside Walker Flats when the weather improves.

•  Thompson and Thompson Parking on Verge
PCSO Withers would speak to the manager and ask him to refrain from parking vehicles on the verge. PC Turner would speak to the Highway Department at MCC.

•  Millstone outside ‘The Old Dairy'
Councillor Evans would arrange to have the millstone moved onto the village green.

•  Parking in Sudbrook
Nothing further could be done to increase the parking facilities until it was clear what was going to happen with the Sudbrook Branch line. No further comments.

•  New Play Area Committee
No progress.

•  Uneven Pavements in Southbrook View and St. Mary's Place
The Clerk spoke to Caldicot Housing Department who advised her that the refurbishment of the pavements in Southbrook View would be included in the planned maintenance programme in the new financial year. They informed her that the pavements in St. Mary's Place were in a good condition. Councillor Watts stated that an elderly resident had recently tripped on the pavement and broken her hip.

•  Stained Bus Stop after Removal of Grafitti
The Clerk had reported to MCC, asking if the pane of glass could be replaced.

•  Archaeological Study of Harold's Park by Time Team
A site meeting had been held on 11 th January. The dig would take place during March.

•  Copyright on Church Christmas Cards.
The Clerk spoke to Reverend Richards informing him that the picture used on the cards had copyright. Reverend Richards was not aware of this and said that if the image was used in the future it would acknowledge Mr Collins as the owner of the copyright. No further comments.

•  Laburnam Terrace Streetname
The Clerk had reported the poor state of the sign and asked for a new one to be installed.

•  Caretakers Annual Leave
The Caretaker would be entitled to 20 days annual leave per annum (pro rata). She would inform him that the leave should be taken before the end of March. Mr. Spooner had informed the Clerk that he would be away for 3 weeks during February. No further comments.

•  COMMUNITY FUN DAY 2007

The Chairman asked members if a Community Fun Day would be held this year. It had previously been suggested that it could become a bi-annual event. A new sub-committee would need to be formed. Members were asked to think about it and it would be discussed in February.

•  RURAL HOUSING PROJECT

Following on from the visit by the Rural Housing Enabler, Councillors discussed whether to take part in the project. This would involve delivering and collecting questionnaires from the whole village. Councillor Griffiths stated that a similar project had been undertaken some years ago. It was decided not to take part in the project.

•  REPORT FROM LOCAL POLICE REPRESENTATIVES

PC Turner and PCSO Withers attended the meeting. PC Turner reported there had been 23 incidents logged in the last month, including the following:

Car crime is still continuing, local people being responsible for this.

Road traffic accident at Parkwall where a driver had lost control of his vehicle and struck a fence.
Youths had been reported hanging around in Treetops and running across gardens. They were also doing the same in St. Mary's Place. Both these areas, and the recreation hall will be patrolled by the Neighbourhood Policing Team.
The Indian Empire had been burgled.
A second RTA had occurred at Parkwall where an ambulance had been struck by a car.
A car had been stolen from Arthurs Court.
A car on Caldicot Road had had its rear window broken by a man with a piece of wood.
A delivery of bread had been stolen from outside the café on the industrial estate.
Youths had got into the derelict building at 1 Main Road. A Council order was placed on the owner to board the building up.
2 cars had been broken into in Sunnycroft.
Thompson and Thompson had reported a large lorry obstructing their entrance.

PC Turner went on to say that the Neighbourhood Policing Team would be patrolling the area more often. They now have to identify their patrol plans.

Councillor Watkins reported two vehicles regularly parking on the pavement at the entrance to Sudbrook village causing an obstruction to pedestrians. PCSO Withers will speak to the owners.

The Chairman thanked the officers for attending the meeting.

•  REPORTS FROM REPRESENTATIVES ON SCHOOL GOVERNING BODIES

a) Governing Body for Ysgol Y Ffin
Councillor Nurcombe informed members that he had attended the Christmas concert and that it had been thoroughly enjoyable. No meeting had been held recently.

b) Governing Body for ARW Primary School
No meeting had been held recently.

•  REPORT FROM RECREATION HALL REPRESENTATIVE

Nothing to report.

10. DISCUSSION WITH COUNTY COUNCILLOR

Councillor Fox had to leave the meeting at 7.45.

11. NEW CORRESPONDENCE

•  MCC Planning applications received. Circulation

•  MCC Planning Committee Agenda. Circulation

•  Local Health Board Public Consultation: Draft Disability Scheme. Discussed/circulation.

•  GAVO The Monmouthshire Network Winter 2006 Newsletter. Circulation

•  MCC Central Mon Area Committee . Special Meeting - presentation of proposals for Council's budget 2007/08. Discussed.

•  Play Wales Winter Newsletter Circulation.

•  County Farms Newsletter. Circulation.

•  Mr Keith Underwood (by telephone) Mr. Underwood informed the Clerk that he had noticed how faded the map on the village green had become. He asked if the Community Council had any plans to replace it. The Clerk told him that the Community Council was aware of the condition but due to the tight financial restrictions, could not replace it at present.

•  MCC Severnside Area Committee . Agenda and minutes. Circulation

•  Clerks and Councils Direct Newsletter. Circulation

•  Chairman MCC Request for support for charity event at County Hall. Discussed.

•  MCC Budget Consultation at Goytre Village Hall at 2pm on Wednesday 17 th January. Discussed.

•  MCC Christmas lighting . Street lighting has gone out to tender and some of the new clauses in the tender document are going to apply to Community Councils. A meeting will be held on 7 th February at 10.00 am, to go through the changes. A representative from this council needs to attend. Failure to attend may mean that any Christmas lights we have may not be allowed to be attached to MCC columns. No Councillor was able to attend. Clerk to contact MCC to ask what the implications would be.

•  GAVO Charity Law and Trusteeship Training. Discussed. No Councillors were interested in attending.

Planning Applications Received
None this month.

Planning Applications Approved
01216 65 Main Road. Single storey extension

Planning Applications Refused

12. ANY OTHER BUSINESS

•  Councillor Evans asked if the cost of dog fouling bins could be investigated.

•  Councillor Evans stated that the village green is very churned up as a result of Mr. Little's tractor accessing the barn. Clerk to check with County Farms if he has permission to access across the green.

•  Councillor Watkins stated that he had reported the poor state of the wall on the Sudbrook Branch Line. Clerk had written to Network Rail to request its repair.

•  Councillor Watts asked if details of the Youth Club could be placed on the website. Clerk would arrange.

•  Councillor Watts reported that the safety barrier around the Old Smithy site was leaning into the footpath. Clerk advised that as planning permission had been granted, building work would probably commence soon.

•  Councillor Watts reported that a fire engine had recently encountered difficulties accessing The Close due to the manner in which the vehicles were parked at the entrance. Clerk to inform Highways Department.

•  The Clerk asked if the time of the start of meeting could be brought forward to 6.30 pm. She would email all Councillors for their views.

13. FINANCE

The Clerk had received a Worksheet from the Caretaker, Mr Spooner for 5 weeks, £267.50

No additional invoices had been received this month.

It was proposed by Councillor Griffiths and seconded by Councillor Nurcombe that the above-mentioned payments as well as the following payments be authorised:

The following cheques were then presented for signature:

14. DATE AND TIME OF NEXT MEETING

The Chairman thanked everyone for attending and gave the date and time of the next meeting as Tuesday 20th February 2007 at 7.00 p.m. in the Recreation Hall. The meeting was then declared closed at 9.15 pm.

Appendix I

MINUTES OF THE SPECIAL MEETING HELD IN PORTSKEWETT RECREATION HALL ON TUESDAY 9 TH JANUARY 2007

•  SIGN THE ATTENDANCE BOOK

The attendance book was duly signed.

•  APOLOGIES FOR ABSENCE

Apologies had been received and accepted from Councillors Fox, Nurcombe, Turner and Watkins.

•  RECREATION HALL LEASE

The Chairman recapped to members, the issue with the lease and the Trust Deed and the difficulties that had been encountered with the clarification of the relationships and roles of the Community Council as tenants, the Management Committee, who have the power to run the hall and Monmouthshire County Council as landlords.

The Community Council are a ‘vehicle' used to hold the title, and therefore sign the lease, as it is a corporate body which the Management Committee is not. After considerable time, discussion and work, the Community Council is now clear that it has the responsibility but not the authority.

Indemnity
If the Management Committee were to default on payment of rent or insurance the Community Council would be liable, (collectively, not personally) under the terms of the lease, if the lease were signed. The lease provides for the Management Committee to indemnify the Community Council.

Payment of Rent and Insurance
The Chairman stated that the terms of the lease required the Community Council to physically pay the rent and to be reimbursed by the Management Committee, the cost. The Community Council is not liable to fund the payment. The lease states that the cost of the rent is £500, although it was previously stated that it would be £4,000. The Management Committee had been successful in obtaining a 95% grant. It was not clear it this would be 95% of £500 or £4,000.
For some years, the Community Council has been making a donation to cover the insurance costs. This practice will be discussed at a full Council meeting.
The lease required the insurance of the hall to be in joint names of Monmouthshire County Council and the Community Council


A discussion was held as to whether the Community Council would sign the lease or cease to be Custodian Trustees. This would mean the Management Committee would have to create a corporate identity in its own right, which would enable it to hold the title. To do this it would have to call a public meeting for the people of the ‘area of benefit'. The Community Council could ‘help out' but would not be legally bound to do so. If the Management Committee did not agree to this it was not clear what would happen.

Some years ago the Management Committee asked if it could take the lease in its own right. The Community Council, at that time, was not happy to do this. However, it had since become clear that the Community Council cannot control any of the decisions the Management Committee make, although it is the ‘elected body'.

Councillor Griffiths stated that as elected members, the Community Council has a duty to provide facilities for the community. Councillor Watts supported this sentiment.

It was proposed by Councillor Watts and seconded by Councillor Griffiths that the Community Council sign the lease with the condition that the terms of the lease are rigidly adhered to, which would include the Community Council paying the rent and insurance and the cost being reimbursed by the Management Committee.

The Clerk would provide a copy of the lease and Trust Deed to the Secretary of the Management Committee, with a covering letter stating the terms under which it would sign the lease. Members of the Management Committee would be invited to attend a meeting to discuss any issues it has. The most appropriate time would be at 6.pm, directly before the Community Council meeting on 16 th January.

The Chairman thanked everyone for attending and declared the meeting closed at 7.50pm.