1. law, govt and politics

Carlton Town Parish Council
Members of the Parish Council
Howard Thomas, Chairman
Littleside ( 640689)
Peter Dinsdale, Vice Chairman
Town Foot ( 640480)
Raymond Brown
Brooklyn ( 640268)
Margaret Simpson
Gilders Green ( 640200)
Matthew Wilkes
High Barn ( 640566)
Marina Briggs, Clerk
Quakers Garth ( 640058)
Minutes of Meeting held on 29th January 2015
The meeting was held in the Carlton Memorial Hall and started at 6pm.
Those present
Councillors Howard Thomas, Peter Dinsdale, Matthew Wilkes, Margaret Simpson and Raymond
Brown and the Clerk, Marina Briggs attended the meeting along with John Herbert from the
Water Committee and 4 members of the community.
Before the meeting started, Cllr Thomas informed the meeting that Ray Russell and Rosalie
Parker had requested that they film the meeting. The film is intended to record life in Coverdale
over a whole year, showing the people that live and work in the dale, as well as the changing of
the seasons.
Under the new rules of the Openness of Local Government Act 2014 meetings are now able to
be recorded by anybody who wishes to do so and Cllr Thomas made everyone aware that all
those who wished to participate in the meeting in any way, would be filmed, recorded,
photographed or otherwise reported about. He also advised that anyone not wishing to take part
in the meeting but was just there to observe and did not wish to be filmed to move out of range of
the camera.
1.
To receive apologies for absence
None.
2.
Declarations of interest and dispensations
2.1 To discuss and agree the dispensations procedure
Cllr Thomas notified the meeting that Parish Councils are now responsible for determining
requests for a dispensation by a parish councillor under Section 33 of Localism Act 2011.
This is because they are a “relevant authority” under section 27(6) (d) of the Act.
In certain circumstances Councillors may be granted a dispensation which enables them to
take part in Council business where this would otherwise be prohibited because they have
a Disclosable Pecuniary Interest. Provided Councillors act within the terms of their
dispensation there is deemed to be no breach of the Code of Conduct or the law.
Any Councillor who wishes to apply for a dispensation must fully complete a Dispensation
Request form and submit it to the proper officer of the parish council (ie. the parish clerk) as
soon as possible before the meeting which the dispensation is required. Applications may
also be made at the parish council meeting itself (if parish councils have a standing item on
the agenda to deal with dispensation requests) and the nature of the interest has only
become apparent to a councillor at the meeting itself.
The Parish Council can either delegate to the parish clerk the authority to grant
dispensations or reserve such decisions for the full parish council. Cllr Thomas proposed
that Carlton Town parish council delegates this role to the parish clerk and suggested a
formal resolution to this effect. All the councillors voted in favour of the resolution.
Date
Chairman
89
Carlton Town Parish Council Meeting
th
29 January 2015
RESOLVED: The Council delegates the power to grant dispensations to the Clerk. The
power rests with the relevant authority under section 33(1) of the Localism Act 2011 and
the basis is set out under section 33(2).
2.2 To receive any declarations of interest from councillors on items on the agenda
No declarations were made.
2.3 To receive written requests for dispensations for disclosable
interests.
pecuniary
The Parish Clerk informed the meeting that she had received three requests for
dispensation regarding discussion and voting on the subject of the Foresters Arms
Community Pub from Cllr Simpson, Cllr Brown and Cllr Dinsdale. These requests would
need to be considered and a written outcome sent to the councillors concerned within five
working days. As a result there could be no discussion or voting regarding the pub at that
meeting.
2.4 To grant any requests for dispensation as appropriate.
None granted
3.
To approve the minutes of the Parish Council meeting held on 30th October 2014
RESOLVED: The minutes were accepted as a true record and signed by the Chairman.
4.
To receive any public questions, comments or representations
A member of the parish asked who decides when gritting takes place and in which area is
the decision made since the weather can be very localised in this area. Cllr Wilkes
informed the meeting that the weather at Harmby traffic lights is used as the benchmark.
Some concern was expressed and the question was raised as to whether or not someone
could be rung when the weather is severe to request that gritting is done. Unfortunately
the system is now automated so no one can be contacted in an emergency situation. It
was suggested that parishioners write to RDC if they are concerned and that the parish
Council send a letter also. It was also suggested that piles of grit were places by Howdens
and also a grit bucket by the road up to Melmerby at Town Foot.
RESOLVED: The Parish Clerk will post a note on the notice board for where parishioners
can write to if they wish to comment about the level of gritting.
5.
To receive a report from the Parish Clerk that includes:
5.1 Completed Actions from the last meeting
All actions have been completed or are to be discussed under agenda items.
The draft minutes from the last meeting were published the following week in the
Darlington and Stockton Times. There is no charge for this service but it is on the basis
that it will go in only if they have enough space.
RESOLVED: The Council resolved to continue to put the minutes in the D&S and asked
the Clerk to do this after each meeting.
5.2 Welcome Letters To New Residents
There is one new resident in the village – Zoe Doyle, Flat 1, Waterforth
RESOLVED: The Council asked the Clerk to send a new residents letter to Flat 1,
Waterforth
5.3 Items for March Newsletter
The following items were requested to be placed in the March newsletter:
The continued issue of dog fouling in the village.
Date
Chairman
90
Carlton Town Parish Council Meeting
6.
th
29 January 2015
To receive the water report from John Herbert and consider any financial
expenditure.
John Herbert read out the following report:
“It is with regret that we have to say goodbye to Andy Jones who has decided that he has
to devote more time to his personal life, we would like to thank him very much for his time
on the water committee and wish him well in the future, he has said that he will help out
with anything going on if he is able.
On a brighter note we have been able to coerce/volunteer Peter Hill to join our merry
band, he has already been up't plant to see what goes on.
The electricity meter at the back of the chapel had been changed to read automatically
using a mobile phone signal, this of course has not worked, which we told them at the
time, did they listen, no, so we will have to continue giving our own readings.
There has been a water leak at The Hermitage and it was all on the service pipe, a
section of main had to be removed to put in a new connection for said service pipe,
unfortunately this cost is borne by the home owner.
Water usage is, I'm afraid, back to the mid 60m3 possibly due to a leak or home owners
leaving their taps on to stop their water freezing.
Once again, I would like to thank the water committee for its hard work during the year
and especially the winter period.
RESOLVED: The council asked the Clerk to write a letter of thanks for Andrew Jones,
inviting him to the annual meal for the water committee later in the year and also to buy a
bottle of something by way of a present.
6.1 Renewal of the Water Plant Service contract.
The Clerk informed the meeting that Culligans were quoting the same as last year
(£1047.00 plus VAT) for the servicing this year.
On the basis that there are no other firms to consider for servicing the water plant and
that the legal requirement is to have it serviced regularly, the council resolved to renew
the service contract with Culligans.
RESOLVED: The Council asked the clerk to renew the service contract with Culligans.
7.
To discuss Village lighting at Town Foot
Cllr Wilkes has written twice to request a solar powered light, but has had no response.
He pointed out that the part of the council which deals with it is going through some
structural changes and so when these have been finalised, and a new officer responsible
for street lighting has been appointed he will try again to tackle the issue.
8.
To review and update the parish risk assessment and asset register.
RESOLVED: These were reviewed and updated for 2015
9.
Date
To discuss the registration of Parish land with the Land Registry
The Clerk gave the following information about the registration of the Parish land:
“Since the last meeting I have ascertained that whilst the parish land is registered on the
common land and Village Green register, none of it is registered with the Land Registry.
Chairman
91
Carlton Town Parish Council Meeting
th
29 January 2015
It would appear that there are no deeds appertaining to any of the parish land and so to
register the land with the Land Registry a Statutory Declaration would need to be
completed, which should ideally be carried out by a solicitor.
I have spoken to a solicitor and it would seem that one statutory declaration would need
to be made to cover all the plots of parish land and that the likely cost for the whole
process would be around £750 including VAT and the registration fees.
Councils are being encouraged to register the land with the Land Registry to ensure that
no person can claim the land as their own in the future.
Going on from this suggestion it is also advisable that the process of land lettings is
reviewed. Up until now there has been no formal agreement in place for any of the land
lettings, and since money is involved there should be.
I have obtained a template of a licence agreement which another parish uses for its
parish land. It clearly outlines the plot of land on a map and the terms under which the
land can be used. The licence is held by the individual and becomes void if the holder
either moves address or dies. Additionally the licence can be made for a longer period of
time (say 5 years). The solicitor that advised me on the costs regarding the land registry
has also said that he will check over the template to ensure that it is satisfactory and it
can then be used for all the plots of land and would incur no extra costs.
I have also investigated as to whether or not the plots have to be let by auction. A
solicitor from the NALC has informed me that it is entirely up to the council how it
chooses a tenant as long as it is in an appropriate and non-discriminatory manner. An
auction is not essential and indeed may in certain circumstances cause problems if
members of the community decide to bid for vexatious reasons. The plots of land in
Carlton are straight forward as to which properties would benefit most from renting them
and the Parish Council might like to consider revising the manner in which parish land is
let such as letting it to the person who derives the most use out of the land rather than
basing it on who is prepared to pay the most.
The Clerk then asked the Councillors to consider in this meeting:
a) whether or not they wish to go ahead with registering the council land at the cost of
approximately £750
b) Whether or they wish to amend the way in which the parish land is let.
John Hall asked why he was not allowed to carry out the registration of parish land since
he is a local business and understands the land in the area. Concerns were expressed
by councillors that since Mr Hall owns property adjacent to some of the parish land there
may be a conflict of interest and that advice should be sought as to whether an
independent solicitor should be used on this occasion.
RESOLVED: The council resolved that the parish land should be registered with the land
registry, and asked the Clerk to take advice on who should carry out the registration.
RESOLVED: The council resolved that letting agreements should be put in place for
parish land and that instead of an auction, members of the parish would be invited to
apply to rent the land and they would be allocated by the council on the basis of who
derives the most benefit from the land.
10.
To receive an update regarding the erosion remedial work and access to the Pinfold
Cllr Dinsdale reported that not much work had been done sine the last meeting due to
weather constraints.
He also reported that he had had a meeting with the Stuart Edwards, the Flood Risk SUDS
officer at the site of the Pinfold. Mr Edwards has said that he sees no flood risk associated
Date
Chairman
92
th
Carlton Town Parish Council Meeting
29 January 2015
with the pipe and the proposed plan for wooden steps down the side onto the Pinfold. He
suggested that an application be made for approval at a cost of £50 +VAT.
Members of the community expressed concern that the proposals would cause flooding in
their garden, but Cllr Dinsdale confirmed that the open style of the steps that have been
proposed will mean that when there is a significant amount of water it will allow the water
round the pipe and will mean that the water will not back up.
RESOLVED: Cllr Dinsdale is to complete the application forms for the pipe and bridge
structure and submit them accordingly.
11.
To discuss and consider the Parish financial report
The finance report was discussed, which detailed a balance at the bank of £24,364.97 as
at 23rd January 2015.
11.1 Expenditure since the last meeting
Marina Briggs
Marina Briggs
November 2014 Salary
December 2014 Salary
£
146.09
146.09
Requests for payment
The Council were asked to formally approve the following invoices that have either been paid but
not yet minuted or have not been paid and need approval before payment
A H Parr
Eden Farm Supplies
Ken Rodney Construction
npower
Simon Winstanley Ltd
MJ & R Suttill
Coverdale Memorial Hall
F Lawson
Water precept refund
Chlorine
Water repair - The Hermitage
Electricity for Water Plant
Mixer Hire for Pinfold Works
Water precept refund
Hire for the January meeting
Water precept refund
£
108.56
52.56
2400.00
656.24
267.60
128.30
14.00
128.30
M Briggs
Printer cartridges and paper for March
n/letter
39.00
RESOLVED: The Council approved all these payments
Income since the last meeting
None
Proposed contributions from business properties towards the water supply
No contributions are outstanding.
Outstanding refunds on Water precept
We are still awaiting a council tax bill from Mr Verity in order to process the water precept
refunds.
Annual VAT refund claim
The Council are asked to note that the VAT due back for the period 1st February 2014 to
31st January 2015 is £1,598.37.
Date
Chairman
93
th
Carlton Town Parish Council Meeting
29 January 2015
Water donations
Donations are requested annually from villagers who use water to fill water troughs and supply
agricultural buildings. The Council confirmed that the names and amounts are correct for the
period 1st April 2014 to 31st March 2015:
Mr John Simpson
F Dinsdale & Sons
Mr R Suttill
Mr Charles Utley
Mr Michael Horner
Mr M Suttill
Agricultural buildings
Agricultural buildings
Agricultural buildings
Cattle trough
Cattle trough
Cattle trough
£
100.00
50.00
100.00
25.00
25.00
25.00
Donations are also due from business properties in the village for the current year 1st April 2014
to 31st March 2015. The Council confirmed that the names and amounts are correct:
£
Mr R Gardner
Coverdale Lodge Cottage
120.00
Mr J Hayes
Old Hall Byre
120.00
Mr A Jones
Howden Cottage
120.00
L & A Dent
Ghyll Farm
120.00
Dr J Beddington
Barn Cottage
120.00
Mr & Mrs A Brereton
Foresters Arms
120.00
Mr & Mrs B Coombes
Orchard Cottage
100.00
Cllr Wilkes pointed out that council tax is now paid at Town Head Cottage and that the water
contribution is now via the precept. Ms E Spooner of Middleham House is still receiving full
business rate relief up to 2014 and is paying a domestic precept. A donation is therefore not
required again this year.
RESOLVED: The Clerk is to send out the water donation letters at the appropriate time.
12.
To discuss the proposed road amendments
The councillors all agreed with the proposals by Ian Beighton regarding the increased speed
signage in the village. Three members of the parish asked to see the proposal and the Clerk
agreed to email to them for comment.
RESOLVED: The Clerk is to respond to Ian Beighton asking for the proposals to be carried out
subject to no comments being raised by members of the parish.
13.
To discuss the RDC Dog Fouling legislation.
The Clerk outlined a commitment by RDC to tackle dog fouling hotspots and informed the
meeting of relevant forms that can be completed for particular areas of concern.
14.
To consider items for the agenda of the next meeting to be held on 26th March 2015
and the Annual Parish Meeting to be held on the same day.
The following items would be discussed at the next meeting:
Registration of Parish Land
Street Lighting at Town Foot
Update on the erosion issue and access to the Pinfold
Items for the June Village Newsletter
Review of standing orders and financial regulations.
Renewal of the insurance cover
Review of the Clerks salary and hours
Date
Chairman
94
Carlton Town Parish Council Meeting
15.
th
29 January 2015
AOB
Cllr Brown requested an update from the Clerk regarding the hours worked since the last
meeting. The Clerk responded that it was considerably more than the contracted 4 hours
per week and given the work required over the next few months requested that the
contracted hours are amended to 6 hours per week for the next three months with a
review after that time. If work levels have reduced to normal, the salary can be reduced
again accordingly. All the councillors agreed this was acceptable.
RESOLVED: The Clerk is increase salary to reflect 6 hours per week for a period of three
months.
The Clerk informed the meeting of the upcoming elections in May in which new parish
councillors would be elected and that she would be attending a meeting regarding this on
12 March 2015.
There being no other business the meeting closed at 7.25pm.
Date
Chairman
95