St. Briavels Parish Council

Minutes of the Parish Council Meeting held on 8th May, 2017

in the Assembly Rooms, St. Briavels at 19:00

 

PRESENT

Cllrs. Chivers (Chairman), Joyce, McFarling, Lounds, Rees, and Walker.

 

IN ATTENDANCE

County Cllr. Molyneux, Clerk and 8 members of the public.

 

  1. APOLOGIES

  It was resolved to accept apologies form Cllr. Stuart.  Cllr. Clarke absent – no apology received.

 

  1. DECLARATIONS OF INTEREST

Item 19.2 – Cllr. Chivers

Items 24 and 25

SBAR Trustee – Cllr. Joyce

Almshouses Trustee – Cllr. Rees

 

  1. DISPENSATIONS

A dispensation request had been received from Cllr. Rees to enable him to speak (but not vote) to item 25 as much had changed since the last meeting and information needed to be shared.  This request was approved.

 

  1. MINUTES OF PREVIOUS MEETING

It was resolved to adopt, as a true record, the minutes of the Parish Council Meeting held on 10th April, 2017.

 

  1. PUBLIC QUESTIONS

Standing orders suspended.

         A member of the public asked the following questions:

  1. a) Has the AH’s used charity monies to fund a legal case?
  2. b) If the AH’s trustees are not intending to take legal action, why has a third set of solicitors been instructed?
  3. c) To date, a set of accounts has been requested but not received; why not?

 

Another member of the public reinforced the fact that the AH’s were happy to take part in mediation and would fund their part of this process without drawing on public funds.  He emphasised that the AH’s wished to reserve the right to take legal action but at this point no legal papers had been formally served on SBAR.  In response to the comment that AH’s had exceeded its authority, it was explained that this was not the case as the ‘statutory power of amendment’ in Article 280 had been followed as required by the Charity Commission (CC).  A copy of the relevant AH minutes had now been forwarded to CC which was all that was required in order close this matter.

 

  1. PLANNING

         FOREST OF DEAN DISTRICT COUNCIL – APPLICATIONS RECEIVED: to consider the following applications.

 

  LPA Ref / applicant Location Proposal
19.1 P0616/17/FUL

J. Harper & Sons Ltd.

Smithville Close (Whittington Close), St. Briavels Variation of condition 02 (approved plans) to change windows, doors, building sizes and step in between plots of planning permission P0109/16/FUL.

No objections – see note below.

19.2 P0630/17/FUL

Mr. & Mrs. Chivers

Woodstock House, Lower Road,

St. Briavels

Erection of a single storey side extension and retaining wall.

No objections.

 

         19.1      Concern was expressed regarding the fact that changes to conditions were not explained and it could be difficult and time consuming to work out what these might be. Cllr. McFarling said that he had raised this issue with Peter Williams and would do so again in conjunction with the Clerk.

 

 

 

  1. ONGOING ACTIONS

         To receive reports on the following ongoing actions:

 

Minute & Date: Delegated to Details: Status:
52.5 July 2015 Cllr. Walker

 

Cllr. McFarling/ Cllr. Lounds

Emergency Plan to be drafted.

 

Grit Bags – Cllr. Walker mentioned the use of fabric bags that she had seen in Somerset.

New Action (for Cllr. Walker)

 

Ongoing – Contact Highways to discuss the use of these bags which should prove more cost effective.

185 Feb 2016 Cllr Chivers

 

 

Clerk

Cllr. Chivers reported that the local Ramblers Association have a working group for the maintenance of footpaths so the PC may be able to use this facility. Ongoing – Mr. Johnson suggested 18th May at 10.00 a.m. to meet to discuss the footpaths.  This was agreed; Clerk to contact Mr. Johnson.
160 Jan 2016 Cllr. McFarling

 

Cllr. McFarling

 

 

 

Parking on grass verges/Land ownership – Smithville area.

Contact Brian Watkins to follow-up the discussion regarding creating a parking layby/narrowing of the road for traffic calming.

Ongoing – Cllr. McFarling to take this matter on board.

Ongoing – Meeting to take place on Monday 15th May at 10.00 a.m. adjacent to the proposed lay-by site.

88.8 Sept 2016 Cllr. McFarling a. Identify an alternative weed killer to Glyphosate.

b. Discuss with GCC Highways how to clear the curb side weeds without chemicals.

Ongoing

a. & b. Cllr. McFarling reported that he was still awaiting the results of trials in other areas.

 

99 Sept 2016 Cllr. Stuart To look into the options/costings of having Christmas lights in the village for 2017. Ongoing – Cllr. Stuart to report back in May. Approx. £1,000 was agreed as a ball-park figure on which to base research.
123 Oct 2016 Cllr. Walker Smithville Playground – apply for grant for a new playground. Ongoing
190 Feb 2017 Cllr. Lounds St. Briavels does not satisfy the criteria to have a Lollipop Person.  Cllr. Lounds will be talking to the Headmaster regarding having pedestrian escorts.  Also, it is planned to organise a presentation to be given to KS1 and 2 each year about road safety. Ongoing
192 Feb 2017 Cllr. Rees

Clerk

Find out whether it is possible to re-issue exclusive rights of burial where missing. Ongoing
195.1 Feb 2017 Clerk Look into alternatives re. investing PC reserves. Ongoing – Clerk to speak to GAPTC.
196.3 Feb 2017 Clerk Dog fouling on the Playing Fields Ongoing – Clerk is waiting to hear from the Street Warden.
217 March 2017 Chairman

 

 

Cllr. McFarling

Car Parking – talk to the Police to see what they may be willing to do to deal with this issue.

Talk to FoDDC to clarify who owns the grass verges.

Ongoing

 

 

Ongoing

221.5 March ‘17 Cllr. Walker Organise a meeting to address the continuing sewerage problem with particular reference to the new development. Ongoing
222.2 March ‘17 Clerk The Village Shop – letter of thanks to Deb and Neil Flint from the Chairman. Complete
245 April 2017 Cllr. Chivers St. Briavels Carnival – find out whether there is a stand available for this event. See later agenda item – 29.
246 April 2017 Clerk Annual Report – organise printing. Complete  – distribution was discussed/agreed.
247 April 2017 Clerk Key Documents – check with GAPTC whether the Localism Act changes any of the Standing Orders. Complete – changes to the Localism Act were made in 2012 and as such these documents had been updated since that date.
248.2 April 2017 Cllr. Rees Review of Clerk’s role to date and moving forward. Ongoing – aim to complete before the next meeting.
248.7 April 2017 Cllr. Rees

Cllr. McFarling

Cemetery – draft tree management plan. Ongoing
19.1 May 2017 Cllr. McFarling

Clerk

Changes to planning conditions – contact Peter Williams. New Action
23.3 May 2017 Clerk Write to NCS re. successful quote and to the unsuccessful contractors. New Action
29 May 2017 All Cllrs

Clerk

Provide a baby photo to the Clerk re. competition for the Carnival New Action
30 May 2017 Clerk Publicise the PC vacancy once permission has been received. New Action

 

  1. REPORT FROM COUNTY COUNCILLOR

County Councillor Molyneux was congratulated on his success in the recent local elections.  He in turn thanked Cllr. McFarling for his hard work in campaigning which had resulted in him gaining the largest number of votes for the Green Party in the Forest of Dean.  It was hoped that Cllr. Molyneux would add support to St. Briavels 20’s Plenty Campaign and also look at the issue of air pollution among other things.

 

  1. REPORTS FROM DISTRICT COUNCILLORS

District Councillor McFarling informed the meeting that other than the AGM on 24th May when Councillors would be appointed to various Committees, the District Council were presently dealing with normal routine business as the local elections had only just taken place.

 

  1. FINANCE

 

        23.1 Accounts paid were noted:            

 

Inv

ref

Chq

no

Payee Purpose Auth Amount VAT
17/01 300204 FoDDC Garden Waste Licences x4 Litter Act 1963 Ss5,6 £120.00  
17/02 BACS Assembly Rooms Room Hire LGA 1972s.111 £33.00  
17/03

17/04

BACS

BACS

Ursula Deighton Clerk (March) Salary

Travel

LGA 1972s.112(2)

LG(FP)A1963s.5

£464.95

£26.82

 

 

17/05 BACS GAPTC Annual Subscription LGA 1972 s.143 £344.42  
17/06 BACS C M Packham PAYE Admin/Service 17/18 LGA 1972s.112(5) £60.00  
17/07 BACS N T Sargent Grass Cutting LGA 1972s. 214 £288.00  
17/08 BACS Richard Chuter Village Handyman

(November – March)

LGA 1972s. 137 £208.86  
        TOTAL £1,546.05  

 

         23.2    Accounts to be paid – it was resolved to accept the following accounts for payment.

 

Inv

ref

Chq

no

Payee Purpose Auth Amount VAT
17/09 BACS Assembly Rooms Room Hire x 2 LGA 1972s.111 £66.00  
17/10 BACS Newland PC Hydrogeological Report 50% of £1250 LGA 1972s.111 £625.00  
17/11

 

BACS

 

Ursula Deighton Clerk (April) Salary

Travel

Postage for Get-Together

LGA 1972s.112(2)

LG(FP)A1963s.5

£469.50

£26.82

£20.16

 

 

17/12 300205 Information Commissioner Data Protection Registration LG(FPA) 1963(5) £35.00  
17/13 BACS Richard Chuter Village Handyman

(April – 10.5 hours + paint)

LGA 1972s. 137 £164.32 £11.85
17/14 BACS N. T. Sargent Grass Cutting LGA 1972s. 214 £456.00  
17/15 300206 Flying Colours Ross Ltd. Part of £250 grant to support St. B Celebration LGA 1972s. 137 £58.00  
        TOTAL (inc VAT) £1,932.65  

 

         23.3      Weed Control on The Tump – Cllr. McFarling

Following consideration of the two quotations received for the eradication of Japanese Knotweed on The Tump it was resolved to accept the quote provided by Nature Conservation Services (NCS) at a cost of £72.00 including VAT.  It was noted however, that treatment may need to be delayed until next year as the area had been strimmed.  NCS would be consulted regarding the best way to proceed and it was also agreed that the area should be cordoned off and parishioners notified not to touch this area.

  1. CHARLES LORD DENTON ALMSHOUSES (AH)/ST. BRIAVELS ASSEMBLY ROOMS (SBAR) DISPUTE – Cllr. McFarling

Cllr. McFarling introduced his proposal by clarifying that the Parish Council had no authority over SBAR or AH and could only request that both charities take part in mediation.  The Parish Council was not there to judge and the proposal being put forward was meant to be friendly and constructive in order to support an amicable resolution to this disagreement.

 

Following discussion it was agreed to set a cap of £700 on the basis that the mediator would alert the Parish Council to the likelihood of reaching an agreement, or not, in order to review progress and costs involved. Therefore, the following PROPOSAL was made by Cllr. McFarling and seconded by Cllr. Lounds with all in favour:

  1. a) that St. Briavels Parish Council arranges, and funds, a mediation service to help resolve the issue.
  2. b) that AH’s formally confirm in writing not to commence legal action until the mediation process is
  3. c) that both the SBAR and AH’s Charities confirm in writing their agreement in principle, to mediation, by the 12th June, 2017 Parish Council meeting.
  4. d) that, following b) and c), both sides agree to take part in mediation at the earliest mutually convenient

 

  1. CHARLES LORD DENTON ALMS HOUSES CHARITY COMMISSION SCHEME

         The following proposal was brought forward from the last meeting:

       a) that Charles Lord Denton Alms Houses contact the Charity Commission to have their scheme amended.

       b) that St. Briavels Parish Council appoints two nominated AH’s trustees, one of which is Cllr Rees as required by the extant 1996 scheme.

       c) that any revised scheme is supplied to the PC.

Since that time, Cllr. Rees had been in touch with the Charity Commission (CC) as requested by the Clerk.  He explained that the AH’s had complied with the terms of their scheme as required, but had not realised that a copy of the relevant minutes needed to be sent to the CC.  This had now been done and the CC would update their website in due course.  He concluded that the AH’s had acted lawfully and the CC had confirmed this.  In relation to the proposal detailed above, (a) has been dealt with and so has (b). The AH’s were asked to let the PC know when the CC has updated their scheme on the website.       

 

  1. QUARRY ISSUES

Cllr. McFarling informed the meeting that this was now in the hands of the Senior Planning Officer, Jason Betty and unless the application is withdrawn it is likely to be considered at the Planning Meeting in September.

 

  1. INSTALLATION OF SAFETY CAMERAS

         Cllr. McFarling emphasised that the proposal to install safety cameras is still relevant and critical.  At the public meeting to be held on 23rd May, 2017, any misunderstandings and questions raised at the last public meeting would be corrected.  He aimed to bring a proposal to the June meeting that would help to ensure the safety of people in the village, particularly children.

 

  1. ST. BRIAVELS GET-TOGETHER

Cllr. Chivers asked for volunteers to help set up on the evening from 6.00 p.m. onwards.

 

  1. ST. BRIAVELS CARNIVAL – 10th June, 2017

         The cost of a stall at the Carnival is £15 and Cllr. Chivers said that it would be an opportunity to have a chat with people about what the PC does and who we are.  He suggested running a competition with the correct entries put into a draw to win a prize such as a bottle of wine or chocolates.  If each of the Councillors could provide photos of themselves as a baby and now then the competition could be to match baby to adult.

 

  1. PARISH COUNCIL VACANCY

         The deadline for finding out whether the Parish Council will be allowed to fill the vacancy by co-option is 11th May.  The Clerk suggested that if the post is to be filled in this way that it should be put into Village News and on the Notice Boards and a deadline set for 30th June with a view to making an appointment at the July meeting.  The co-option process would be agreed at the Parish Council meeting on 12th June, 2017.

 

  1. CORRESPONDENCE REQUIRING ACTION

         31.1      GAPTC – Annual General Meeting – 15th July, 2017 – call for resolutions was noted and Cllr. Rees said that he would check his diary to see whether he was free to attend.

31.2      Community Led Housing – a letter had been received from the FoDDC Housing Strategy and Enabling Officer regarding ‘Community Led Housing’ which is about local people playing a leading  and lasting role in solving local housing problems.  Cllr. McFarling said that he had attended a presentation given to the District Council; this initiative is about empowering communities.  He suggested that this be mentioned in Village News to ask anyone interested in this project in St. Briavels to come forward.

         31.3      Hashpoint – helping locate properties in the FoD – A new social enterprise being piloted in the Forest of Dean; the aim of which is to alleviate the significant difficulties faced by local services, businesses and residents in locating properties with no house number.  Artwork for a poster has been provided. It was agreed that the Clerk should get in touch to let them know where they can leave posters/leaflets.

         31.4      Copy of letter of complaint to the Almshouses Trustees

                     Details of a complaint against the AH’s by Ms. Burley had been forwarded to Cllr. Rees as the Parish Council has no jurisdiction over the Almshouses. Responses had been sent to Ms. Burley’s letters of  11th December, 2012 and 18th March, 2013 on 2nd January, 2013 and 20th March, 2013 respectively. With regards to the AH’s accounts, these would be made available for the previous 6 years.

 

  1. MINOR MATTERS INCLUDING INFORMATION RECEIVED BY THE CLERK – none received.

 

  1. PUBLIC COMMENT

         Standing Orders suspended.

         Members of the public made the following comments:

  • That a change had been made with Land Registry to SBAR’s title deed regarding prescriptive rights with no limitations which it was felt was a good resolution.  (Information had been forwarded to the Clerk but had not been received in time for the meeting.)
  • Regarding item 24(b) – as far as SBAR are concerned AH’s are already taking legal action and that they (SBAR) have never been the aggressor.
  • It was confirmed that Cllr. Rees would respond to the questions raised earlier in the meeting under item 18.
  • The Parish Council was thanked for the offer of mediation and it was confirmed that the AH’s would enter into talks with goodwill.
  • And so will SBAR.

 

  1. CLLR. HALE was welcomed to the meeting and congratulated on his success in being elected County Councillor.  He confirmed that he did not have a report to make having been in Purdah prior to the elections.

 

  1. ITEMS FOR FUTURE MEETINGS – none suggested.

 

  1. DATES OF FUTURE MEETINGS
Date Time Meeting Venue Agenda items &

Dispensation requests by:

16th May 17 18.30 St.Briavels Get-together The Pavilion  
23rd May 17 19.00 Safety Cameras Public Meeting Assembly Rooms  
12th Jun 17 18.30 Parish Council Meeting Assembly Rooms 2nd June
10th Jul 17 18.30 Parish Council Meeting Assembly Rooms 30th June
Aug 17   No Meeting    
11th Sep 17 18.30 Parish Council Meeting Assembly Rooms 1st September
9th Oct 17 18.30 Parish Council Meeting Assembly Rooms 29th September
13th Nov 17 18.30 Parish Council Meeting Assembly Rooms 3rd November
Dec 17   No Meeting    

NB: 18.30 for viewing of planning applications and talk to parishioners; 19.00 meeting commences.

 

  1. FINANCIAL CHECKS

The following Councillors are required to conduct a financial check by the meeting date shown and report at the following meeting their findings.

Cllrs. Due date
Walker, Joyce 10th July 2017
Lounds, McFarling 9th October 2017
Chivers, Stuart 8th January 2018

 

Meeting closed at 21.35