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Minutes of a meeting of HAWKINGE PARISH COUNCIL held on 12th February 2003 at 7.30 p.m. in the Village Hall

Present: Cllr. Heasman (Chairman)
Cllrs. Brisley, Callahan, Chantry, Hodgson, Johns, Robertson, Smith, Trice.

OPEN MEETING

There were 4 residents present and two questions were asked:
(1) The path from Haven Drive to Canterbury Road by the community centre ends at the village hall site – when will it be completed? The Chairman stated that the Village Hall Management Committee was not empowered to do anything about it; the path is being constructed by SDC. 
(2) The community centre will include a place of worship; does that affect its legal position to get funding? There was an item on the agenda to provide an answer to the question. 
END OF OPEN MEETING

740 Minutes
The minutes of the meeting held on 8th January 2003 were confirmed and signed.
(prop. Cllr. Hodgson, sec. Cllr. Robertson) Votes: For 7 Against 0 Abstentions 2 (Cllrs. Trice and Smith were not present at the meeting).

741 Declarations of Interest
Cllr. Smith declared a non-pecuniary interest in planning matters (member of Development Control Committee, SDC). Cllr. Johns declared a non-pecuniary interest in the web site. 

742 Matters arising out of the Minutes
(a) Un-adopted Roads/Dog Fouling: replies were received from Pentland Homes and 
Matthew Homes. Pentland Homes stated that if the Highway Authority wish to make a firm proposal, provided it does not delay the adoption procedure nor involve the company in any liabilities, the proposal would be given serious consideration. Matthew Homes advised that in their experience the attachment of Dog Notices to street light columns is prohibited and an obstacle for developers in seeking adoption of the highways. For this reason alone they reluctantly advised that they would not accept the PC’s proposals.
Cllr. Smith had been advised that Haven Drive would be adopted by October this year. 
It was Resolved that the Council reply to developers stating that adoption is long overdue because the roads are not up to standard, and ask them as a gesture of goodwill to the community to put waste bins in place and (2) write to Shepway District Council to ask where to put the bins that will need emptying, and stating that the request is made for all roads whether or not they have been adopted.
(prop. Cllr. Smith, sec. Cllr. Robertson) Votes: all in favour 


(b) Signs and nameplates: reply from Kent Highways (7th January). Mr Burt 
advised that the Spitfire Way and Heron Forstal Road roundabout still belongs to the developer and SDC and KCC do not have any responsibility for the road or the roadside furniture. The sign at Barnhurst Lane is a low priority because there is a sign on the opposite side of the lane. The lack of nameplate at Swan Way is the responsibility of the developer and they have been advised that there should be a nameplate. Noted.
(c) Safety Camera A260: Inspector Samways, Kent County Constabulary stated that
the camera is still working and regularly contains a live camera. All camera enforcement issues are now dealt with through Kent & Medway Safety Camera Partnership. This has allowed an increase in the resources put into camera enforcement to the extent that extra support officers, vehicles and mobile cameras are available to target locations where speed related crashes occur. 
Cllr. Hodgson told members that at a recent KAPC meeting the Dymchurch representative had spoken about their own scheme to provide mobile speed cameras. Cllr. Trice said if details of their scheme could be obtained the M & F Group could study it as part of their community safety remit.

743 Reports
(a) Project Management Group
Cllr. Johns reported that two legal matters were progressing in parallel the Lease for the Baptist Church (min. 738) and the application by the Trustees to the Charity Commission to register the community centre as a charity (min.726).
Baptist Church Lease
The Council had been approached by the Baptist Church who had for a long time been looking for premises to use as a chapel. It was felt to be highly beneficial to both parties if the Baptist Church paid for the upper room to be built together with separate entrance and a lift, and they would have the use of the rest of the building on the same basis as other users. Councillors had agreed in principle and the Council’s solicitor had recommended a 125 year Lease as the appropriate vehicle and negotiations between solicitors were taking place (full copy of the Lease available to councillors on request from the Clerk).
Charity Commission
Cllr. Johns said the Council had been advised that it had to establish its own charitable status before it could “merge” with the Village Hall Charity. The Parish Council is Custodian Trustee for the Village Hall. He had established a Trust Deed with an initial core of Trustees under the charity in order to be able to transfer from the PC to that Trust the right to operate and manage the building. The initial 5 Trustees who had signed the Deed were as follows: Mr Johns (Project Manager) Mr Reynolds (Baptist Church representative) Mr Robertson (PC representative) Mr. Heasman, Mr De Ste Croix (Village Hall representatives). The meeting of Trustees to formally adopt the constitution had been held prior to the PC meeting that evening. The Parish Council will own the building that he hoped would be ready to open in the first week in April. 

Cllr. Smith had received and circulated a letter from a resident and on the basis of that letter he had spoken to a solicitor that afternoon. He questioned the legality of the proposed Lease to the Baptist Church on the grounds that the property was undervalued in which case permission must be obtained from the Secretary of State. 

At this point Cllr. Johns left the meeting and told the Chairman to expect a letter of resignation in the morning.
The Chairman adjourned the meeting for 10 minutes.

Cllr. Callahan proposed that a special meeting be held to discuss all aspects of the new community centre. Residents asked him questions that he could not answer. Cllr. Robertson stated that all of the questions either have been answered or there are no current answers. 

It was Resolved that an extraordinary meeting of the Council be held to discuss all aspects of the new community centre within 7 days if it can be arranged, otherwise as soon as possible. (prop. Cllr. Callahan, sec. Cllr. Chantry)
Votes: For 5 Against 1 Abstentions 2 

(b) Community Liaison
Cllr. Brisley reported that when road repairs were carried out to White Horse Hill debris and earth were thrown on the banks each side of the road destroying the daffodil bulbs. SDC will be advised and asked to make good the area.
Cllr. Chantry had publicised the fact that the Council would like to enter the South in Bloom competition this year and made an appeal for help via the web site and notices. There had been no response. She would not waste £40 on the entry fee when only two people were prepared to take an interest. 

(c ) Maintenance and Facilities 
Cllr. Smith distributed copies of a Business Plan for the Leisuredrome entitled “Youth Facilities in Hawkinge Project”. It was proposed that this be an item on the next agenda. Cllr. Smith said they needed to move quicker; he would like to assume that if he did not hear from councillors within 7 days the plan was acceptable.
It was Resolved that councillors advise Cllr. Smith if they have any objections to the Business Plan within the next 7 days, and that whether or not there are any objections, the Plan be reviewed at the next Council meeting.
(prop.Cllr. Robertson, sec. Cllr. Callhan) Votes: For 7 Against 0 Abstention 1

Cllr. Smith reported that KPA (Kent Probation Area) had offered to undertake the roof repair and interior decoration of the Leisuredrome hall for the cost of the materials only (insurance cover is provided). 
It was Resolved that the Parish Council accept the offer made by KPA. 
(prop. Cllr. Chantry, sec. Cllr. Callahan) Votes: all in favour
Cllr. Smith said the heaters in the hall were not working. The Judo Club had not met for the past 2 weeks because it was too cold to use it.


(d) Sports and Grounds Maintenance
Cllr. Hodgson was waiting for a report on the condition of the pitch from Mr McCreedy, SDC. 

(e) Planning Group 
Cllr. Heasman said Cllr. Callahan has stated that he would like to serve on the Planning Group
It was Resolved that Cllr. Callahan be appointed to serve on the Planning Group
(prop. Cllr. Hodgson, sec. Cllr. Robertson) Votes: All in favour

744 District Councillor
Cllr. Smith – nothing to report

745 Correspondence
The following were received and contents noted.
(a) Information Commissioner – Freedom of Information Act 2000 – Publication 
Schemes (letter dated 23rd January)
(b) KAPC Draft Regulations – Local Authorities (Members’ Allowances) England 
Regulations 2002 enc. (KAPC had responded on behalf of members) 
(c) SEEDA – Regional Economic Strategy for S.E.England (83 pages) letter and 
excerpt on Community Participation and Local Leadership was circulated. and Draft Action Plans (67 pages) excerpt of Plan for Kent and Medway.
(d) SEEDA – Draft Regional Transport Strategy for the South East 
“From Crisis to Cutting Edge” one copy of each book received. 
(e) SDC Election of Town and Parish Councillors; Presentation Evening Wed. 5th 
March at 7 p.m. at the Civic Centre, Folkestone 
(f) KCC Public Rights of Way/Parish Council Liaison meeting Thurs. 27th Feb. at
Elham Village Hall, at 7 p.m. Cllrs. Callahan and Trice to attend and report back on Public Rights of Way at the next meeting.

746 Plans
(a) Planning applications received since the last meeting
Y03/0012/SH 105 Canterbury Road: erection of a first floor rear extension.
No objections
Y03/0028/SH 11 Haven Drive: erection of a two-storey side extension.
No objections.
Y03/0033/SH 30 The Street: non-compliance with condition 1.6 of planning permission 78/1223/SH to allow garage to be used as living accommodation.
No objections.
Y03/0076/SH 24 Petrel Way: erection of a conservatory to the north east elevation. No objections.
It was Resolved that the actions of the Planning Group be approved.
(prop. Cllr. Chantry, sec. Cllr. Brisley) Votes: all in favour
Referred to full Council for a decision
Y03/0046/SH Building 61 Aerodrome Road: change of use from builders yard to hot food takeaway, including the erection of side and rear extensions.
(Copy of a letter from Roger Joyce Associates sent to Planning Control, SDC, on behalf of the applicant had been circulated)
Objection on the grounds that this is an inappropriate location for a hot food takeaway and vehicles parking in the area will put pedestrians at risk. There are problems regarding sewers in the area that frequently backup and overflow at the Leisuredrome. Votes For 4 Against 3 Abst. 1
KCC SH/03/TEMP/0001 Hope Farm, Crete Road East: to receive green waste primarily from KCC, to shred it, to compost it in windrows, to spread it on the agricultural fields of Hope Farm and 
Y03/0062/SH Hope Farm, Crete Road East (as above) 
No objections to the above two plans: For 7 Against 1 Abstention 1
KCC Waste Management Unit, Fernfield Lane: variation of condition (1) planning reference DO/94/1172/R1 to permit the continued use of the extended manoeuvring area up to 31 October 2022 (correspondence circulated.) 
No objection. Votes: For 8 Against 0 Abstention 1

At this point Cllr. Hodgson gave his apologies and left the meeting due to work commitments.

The meeting adjourned for refreshments in accordance with Standing Orders.

The Chairman told councillors that Cllr. Johns had spoken to him during the adjournment and he would return and complete his tenure of office as councillor if invited by the Parish Council as a whole.
It was Resolved that Cllr. Johns be invited to rejoin the meeting. (prop. Cllr. Heasman, sec. Cllr. Chantry) Votes: all in favour
Cllr. Robertson asked for it to be recorded in the minutes that the Council is grateful to Cllr. Johns for everything he has done for the Council, particularly for managing the community centre project.
Cllr. Johns stated that he was interested in making things happen, although he understood that the amount of red tape and hurdles in the way caused concern to some councillors. He apologised for his display of temper. 

747 Finance
(a) The Clerk reported that Mr H. Preston the Council’s Internal Auditor had carried 
out an interim audit that had taken him 4 hours to complete. His report to the Council dated 7th February 2003 was as follows:
(1) The items requested by the external auditor for the year ending 31st March 2002 were completed in order that the clerk could submit the relevant documents.
(2) An audit was completed on the accounts (April 2002 – February 2003). All the internal controls were tested and were found to have been met, except for the one which asks “Do the minutes record the council carrying out an annual risk assessment?”
(3) With the council’s current financial commitments to the new Community Centre, Spitfire Leisuredrome and the Football Field Project, I suggest that this is possibly the best time to carry out this risk assessment.
The Clerk said she and Mr Preston had discussed the risks and he had very kindly prepared a table identifying the risks and a spreadsheet for the risk assessment that she had passed to the Finance Group.
Cllr. Johns agreed to look at the risk assessment and present it to the Council for its approval at the next meeting.

(b) It was Resolved that the following accounts be approved for payment (prop. Cllr. 
Robertson sec. Cllr. Brisley) Votes: all in favour
Ch.date £ 
GSE Design & Build 18.01.03 82,815.57 
Folkestone Cleaning Services 12.02.03 193.64 
Tyler's (stationers) 53.74 
Mr H.Preston, Internal Auditor 80.00 
KAPC (Planning Info.Day) 47.00 
Hawkinge Village Hall 60.00 
Clerk's salary 646.85 
Clerk's expenses 13.98 
Web site SO 235.00 
Nat.West. EBS DD 10.00 

748 Annual Parish Meeting 2003
The Chairman had not decided on the date of the meeting that must be held between 1st March and 1st June 2003. It was suggested that a representative of Dymchurch Parish Council be invited to speak about the Dymchurch scheme to provide safety cameras. The County and District Councillors will be invited to speak. 

Cllr. Johns declared an interest in the next item and withdrew from the meeting because discussion would concern his brother-in-law the web master.

749 Web Site 
Cllr. Trice stated that he did not think the Parish Council’s web site was good value for money and the Council should cancel the contract. He proposed that 
KAPC’s legal department be asked to look at the contract with a view to reducing the PC’s legal obligations. Areas to be looked at included (a) whether it was set up fairly in the first place (b) whether the contract delivered what it was set out to do (c) if the terms of termination are unfair and should be re-negotiated.
Cllr. Robertson said he served on the Community Liaison Group when the web site was established to improve communications with the community. At that time no one had the expertise to set up a site and it was decided to ask someone else to launch the first web site in Hawkinge. He thought it was important to have an official web site. It was always intended it would provide an on-line booking service for the community centre and costs would be shared. He was not opposed to reviewing the contract and agreed the Council was not getting value for money at the present time, but that was because the Council was not using the site and providing the web master with material to put on it. Costs are involved if the Council terminates the contract and personally as he had signed the contract he would stand by it. 
There was a long discussion after which Cllr. Trice put an amended motion to the Council:
He proposed that KAPC’s legal department be asked to look at the contract and define the Council’s legal obligations with a view to terminating the contract and the cost of terminating the contract.
(prop. Cllr. Trice, sec. Cllr. Smith) Votes: For 3 Against 4 Motion defeated.

Cllr. Robertson asked for the web site to be placed on the agenda for the next meeting so that councillors could review the effectiveness of the site and consider the latest running costs.

At this point Cllr. Trice gave his apologies and left the meeting.

750 CONFIDENTIAL MATTERS
It was resolved that because publicity would be prejudicial to the public interest by 
Reason of the confidential nature of business to be transacted the public (including the Press) be excluded from the meeting pursuant to the provision of sub section 100 & 102 of the Local Government Act, 1972.

751 Land off Aerodrome Road
The Council had received a letter from Mrs Tankaria (17th January 2003) in which she requested consent to dig up part of the access road to her land off Aerodrome Road (adjacent to Leisuredrome) to lay services to the site. It would involve digging down to 1m in depth and all services would be laid within the same trench; which would be made good immediately the services were installed.
The Council had sought advice from its solicitor. Cllr. Smith reported that there is a problem with drains/sewers in the area that are already overloaded. 
It was Resolved that Mrs Tankaria be advised that Wimpey who built the adjoining estate to the property laid the service supplies in a channel at the other end of her property. The Council believe it may be more cost effective to contact Wimpey. If the drains problem can be sorted out and there is still an outstanding problem regarding other services, the Council would consider entering into a separate Deed of Easement to enable her to lay services to her site.
(prop. Cllr. Smith, sec. Cllr. Callahan) Votes: all in favour 

752 Community Centre 
Cllr. Johns told councillors about his plans to establish an on-line booking system.