SKPC Minutes December 2021
MINUTES OF THE MEETING
OF
SOUTH KELSEY AND MOORTOWN PARISH COUNCIL
HELD ON
MONDAY 6 DECEMBER 2021
IN
SOUTH KELSEY VILLAGE HALL
Present: Messrs I Johnston, J Denniss, R Dinsdale, M Glenn, R Stimson
CC T Smith
DC P Morris
Apologies: Councillor S Legg
Several members of the public in attendance
Two Parish Councillors had resigned and consequently there was no Chairperson or Vice Chairperson. No Councillor wished to take on either role so the Clerk took on the section with the Public participation.
The public participation time is 15 minutes at the beginning of the meeting with 5minutes allotted to each speaker.
A resident came to ask if Brigg Road at Moortown was to be gritted this winter. The Parish Council had not received a gritting route plan this year so the net would need to be checked for the route.
The map on the Lincolnshire County Council site to be checked and the resident to be advised o the outcome. 1JS
Below – speech given from a member of the public Mr Trevor Hall Moortown, re their continued complaint of dog notices. These notices had been displayed where there had been dog fouling reported by residents in Moortown. The residents interpretation of what had been said was requested to ensure the details were correct.
SPEECH TO THE PARISH COUNCIL
I should like to speak to you on the subject of The Clean Neighbourhoods & Environment Act of 2005, and the supporting guidelines issued by the Department for Food, Environment and Rural Affairs 2006.These are entitled "Getting To Grips With The Clean Neighbourhoods & Environment Act - a parish council guide to environmental enforcement." They are issued by DEFRA to help parish councils interpret and enforce this legislation,
Page 51 of the guidelines to the Act states "The Dog Control Orders Regulations 2006 requires that where practicable, signs must be placed summarising the order in a conspicuous (visible) position on or near the land to which the order applies. The intention is not to see the whole areas of land plastered with signs but to see that commonsense is applied. The guidelines continue "In practice, this means placing signs at entry point to parks and open spaces, for example on a notice board informing the public that dogs are not permitted or that other restrictions covered by dog control orders apply"
The purpose of a sign is to allow an authority to enforce a penalty in the event of a breach of the law, rule or regulation. So the sign already in the Moortown bus stop allows WLDC to enforce fixed penalties. When Councillor Stimson chose to plaster 8 dog fouling notices around the vicinity of our home, it was in direct contravention of the DEFRA guidelines.
At the Parish Council meeting of the 4 October, Councillor Legg interrupted me as I was speaking. He said I was wrong to say that WLDC had placed one steel sign on Station Road as in fact it has placed a second one. Since that meeting I have walked Station Road with my dog approximately twenty times and I can assure you there is no second sign. I would like Councillor Legg to acknowledge his error and retract his statement.
On the subject of a Parish Councillor's authority, his or her powers of jurisdiction, what he or she is and is not permitted to do within the legislation that applies to the running of Parish Councils.
Councillor Stimson received a complaint and by his own admission acted promptly. He secured adhesive notices and posted them. He chose not to wait four days until the Parish Council meeting on the 6th September and discuss the matter in that forum, as he is obliged to do. Instead he chose to act unilaterally, and subsequently, when challenged, the Clerk to the Council wrote that agreement to his action was reached retrospectively - after he had acted. She also wrote that the agreement of County Councillor Tom Smith was obtained retrospectively, a fact that he himself denies. Councillor Smith has susequently confirmed that the comments were restricted the Freedom of Information point.
What Councillor Stimson should have done was raised the complaint at the next Parish Council meeting, discuss the matter so the Council can reach a decision, document the issue and the decision taken in the minutes, and then act. This is know as due process and it did not occur. If this was an innocent mistake on the part of the Councillor, he should apolgise and the matter shall be considered closed. Should he insist that he behaved in a proper manner, that he did not step out the limits in the authority vested in him, then we shall challenge that to a higher authority. I am sure you 'll agree, this is not the Wild West and we as Parishioners cannot allow Councillors to behave as they wish and outside of the applicable regulations. They have to accountable for their actions.
So to sum up, Madam Chair . Two questions. First why did the Parish Council act in contravention of the DEFRA guidelines? And second, why did Councillor Stimson act outside of the limits of the powers vested in him?
Below is a summary of the happenings. Not all this was said at the meeting, however it is needed to ensure the complete picture is understood and the seriousness of leaving dog faeces lying around.
Councillor Stimson did not receive a complaint about the dog fouling on Station Road Moortown. One of the members of the Parish Council had two reports to him on the 4 August 2021 of the fouling and shared this with another Councillor and forwarded the details to the Clerk.
Dog fouling notices were requested from WLDC on the 5 August 2021and prior to there arrival the Chair and other Parish Councillors were advised of the situation.
From this other Councillors added that they were aware of dog fouling in South Kelsey and the notices would be useful to display in both villages
The notices arrived and as previously stated were displayed in Moortown first on the
2 September 2021 when the Clerk and Councillor Stimson going in that direction. The ones in South Kelsey were placed soon after.
It must be realised that should dog fouling not be cleared up promptly there is a risk of Toxocariases. These are round worm parasites present in the faeces, which if the faeces are not collected allow the then maturing parasite eggs to infect young children. This can be done by coming in contact with the mess and trying to clean it off and not washing correctly ingest the maturing parasites.
The parasites continue their life cycle from eggs to the child. When the life cycle of the parasite is complete, the little worm exits the child via the child’s eyeball resulting in blindness in the child.
This is now a rare occurrence in the UK due to the picking up of faeces compulsory; however it is still a hazard. Should not all the faeces be completely collected allowing some to remain at the location this would extend the risk further in time
A reason as to why the Parish Council would want all dog faeces to be collected at the time and prevent a child to go through its life blind through no fault of its own.
The DEFRA information is a guideline only. The WLDC Anti-Social Behaviour, Crime and Policing Act 2014, section 59 Public Space Protection Order is the reference to be used.
The resident referred to the comments by CC Smith and supported by DC Morris that he would have waited the 4 days and brought the matter to the Chair and the Council,
The Parish Council does not meet in August and as the report was at the beginning of the month, rather than wait until September, a month away it was to display the notices sooner rather than later and perhaps prevent a disability in a child.
Councillor Johnston stated that should residents complain, of which 2 had done so, then something must be done about this disgraceful situation.
Egdon
The Leader of the Group against the Egdon applications wanted to make sure that there was a meeting to discuss the new applications when the actual documents had become available. The Parish Council had previously written to Egdon, its Agent, Consultant and Lincolnshire County Council Planning stating it would not support any further applications by Egdon for extensions of time or new applications. A copy of this letter had also been forwarded to the leader of the group against the applications.
The Egdon site notices were displayed on the 22 November 2021. Once the applications were out for comment there were only 21 days to respond
It had been agreed to include Egdon on the Agendas and now this had been removed. The group wanted a meeting to specifically discuss the actual applications as each application Egdon had increased noise levels etc.
The group did not believe the Parish Council would support the objections as one letter to Planning had stated there were no objections. However after speaking with the group the Parish Council had written to Planning to advise that although they had written previously they now wished to support residents with their objections for the applications. Prior to the next meeting the leader of the group was to send a list of the points raised that had caused concern.
Parish Councillor Johnston volunteered take the Chair for the remainder of the Parish Council meeting.
MINUTES
A resident stated that the details on Egdon in the Minutes was incorrect and also the date for the Parish Council Elections. WLDC had now confirmed that all elections would take place in May 2023.
PC Johnston was to wait until the next meeting to ensure if any alterations were to be made, could be and the to sign off the Minutes
CLERKS REPORT
A letter had been sent to WLDC advising the Parish Council had no objections to the Planning application for a dwelling and garage at Corner House Farm Moortown.
Further requests for details on Quickline broadband had been requested and the names of these had been forwarded.
The notice board in South Kelsey now had new doors. It has taken since the promise of the work was to be carried out at Easter until November to actually progress. The board was without doors for 3 weeks and now the lock at the top of the right hand door does not work.
The Secretary to the Parochial Church Council had been written to about the progress with the War Grave sign for St Nicholas Churchyard as it had been several months since the details were given.
A response came that the Vicar has this in hand. The Parish Council will continue to follow this up to ensure the sign will be forthcoming. There is no charge as the Commonwealth War Graves will supply, erect and maintain the sign.
FINANCE
SKV Hall – PC Invoices £22.75
SKV Hall – Park Invoices £2.25
A J Williams – Invoice Grass Cutting £159.60
Mrs J Stimson Clerk – Invoice £1160.44
Mrs J Stimson Expenses – Invoice £125.02
HMRC - £290.00
All agreed for payment
Precept
The form for the Estimated Precept had been completed and returned to WLDC.
PLANNING
Watermill Farm Station Road Moortown Planning Permission to vary Condition 2 and 5 of Planning Permission 121138 granted 8 January 2009 to allow for the addition of a further 9 static caravans – being variation of Condition 6 of 126399 granted 25 February 2011 to change the use from “late arrivals” touring caravans to siting of 18 no static caravans.
Hall Farm Park – permission for an agricultural workers dwelling
CORRESPONDENCE
IN
Resident – in Moortown a wall from the boundary of a dwelling onto the driveway was
not within the property boundary
Resident – complaining the dog bin on Station Road Moortown near the bus shelter had its
lid malfunctioning and is clogged up with dog faeces.
Parish Council Chair - resignation
WLDC Electoral Registration – notices for display to advise of tow vacancies on the
Parish Council
WLDC – Funding for the Queens Jubilee
Resident – reference the soil on the verge by the bungalow where building is being
carried out
WLDC – revised copy of the Register of Electors
Chair – the Councillor had resigned and would be giving up her defibrillator checking
Police Newsletter
PCC – The Rev Toyne was dealing with the War grave sign and would advise the
Parish Council of any developments
Clerks & Councils Direct
Early Years Alliance – Children’s Centre programme
LALC News
Rta – Safeguarding Children and Adults in Charities Workshop London
First LGA monthly magazine
NALC Newsletter
e-news
Broxap - thank you for the support over the 75 years in business
Glasdon – recycling housing
Nettleton Forest Plan Consultation – Forestry England Plan
Newforest Self-Watering Planter
YMCA – News and Updates bulletin
Rachel Gibbons Clerk Holton le Moor – guidance on meetings after Covid
Power for the People – Adjournment debate on the Local Electricity Debate
Land Registry Newsletter
GovPD – Successful influence and persuasion at work course
NALC/SLCC Conference
OUT
Highways – reference the wall from the boundary of Flinders House onto the Highway
Resident of Flinders House – advising of the complaint in relation to the wall
WLDC – reporting the problem with the dog bin at Moortown
Resident – advising the malfunctioning dog bin at Moortown had been reported
Edward Leigh MP – a question as to why Parish Council Elections are so expensive
WLDC – advising the Chair had given up her role and that she would not be checking the
defibrillator at Moortown
Secretary to the PCC – asking if they were any further forward in getting a war graves
sign
Rachel Gibbons Clerk Holton le Moor – advice as to how the Parish Council held
meetings after Covid
MATTES ARISING
A complaint received from a Moortown resident in relation to a wall that came from the property boundary of Flinders House onto the driveway which is Highways property. The Parish Council had written to Highways on 12 November 2021 requesting they look into the complaint and again on the 21 November 2021. To date there had been not response despite the reminder being sent. A copy of the complaint had been forwarded to the residents of Flinders House.
The dog bin at Moortown was repaired the same morning it was reported to WLDC. A big thank you to the workers at WLDC for their prompt action.
WLDC had received a copy of the resignation letter of the Chair of the Council already sent to the Parish Council. However the resignation letter from the Vice Chair and chair of the Park group had only been received by the Chair and sent to WLDC. On request for a copy of the letter for records were advised this was for the Chair only, but if any individual wanted a copy to request it and it could be forwarded. One other member of the Parish Council had already been provided with a copy.
The Vacancy notice to be displayed on the notice board and the website. A notice had not been put on the board at Moortown due to vacancies being from South Kelsey. A resident complained at the meeting so one was displayed there. 2JS
The Parish Council will discuss the Queens Jubilee and how to celebrate and then apply for funding 3JS
Where the soil is on Caistor Road South Kelsey had previously been reported and Environmental Protection had stated this was beyond their remit. WLDC Enforcement state there is no Planning breach. There are no express conditions regarding management of earth and in practice it may well be permitted development under temporary uses for ongoing development. The owners were to be contacted to enquire whether these materials are to be reused in the grounds. If it is to be moved I will request they do this promptly, but no formal action would be required. LCC Highways may have a different. view. Since then further emails have been sent to Enforcement and Environmental as the farmer is unable to clear out his ditch or trim the hedge. Emails have been acknowledged but there is no outcome yet.
To receive a free copy of the Revised Register of Electors the attached form had to be completed and returned. A signature was also required that it was understood it was an offence to pass on or use the information in the Register other than for the purpose for which it is provided. This had been completed. 4JS
Councillor Stimson would check the defibrillator at Moortown weekly along with the one in South Kelsey and report to WLDC.
The Police Newsletter advised that the next three months the emphasis would be on mobile phones, speeding, seat belts and drink/drug driving.
The Parish Council would keep checking as to the situation with the War grave sign.
When the Police surgery was held in November it was brought to the attention of the police that product from contractors was being left on the pavements on North End Lane and causing pedestrians to walk on the road. The Police suggested the Parish Council should write tithe Plot owners and the purchasers to respect pedestrians could walk on the footpath.
This was done and the Police advised also.
The NALC Newsletter was forwarded to the Parish Councillors.
The Parish Council had been advised by a resident on Thornton Road that in the early hours of 18 November they were woken by the sound of a vehicle on the gravel. Tail lights from a vehicle were seen by the stables but by the time the resident had reached the door it had gone. This was reported to the Police who suggested being extra vigilant in the run up to Christmas.
The Chair of the Parish Council reported that on her way to Caistor the previous evening just prior to Gypsy Lane blue lights were approaching from the rear. A white van overtook then stopped diagonally across the road. A Police 4x4 pulled up and a farmers type truck. Two males jumped out of the passenger side of the van and ran into the field on the left with a policeman after them. He soon returned and then spoke into his radio. The driver of the truck had a large spotlight shining into the field.
On returning home it was noticed where the van had stopped was a lot of white powder lying on the road.
Playing field
The new Chair of the Playing field group – Craig Marriot came to the meeting to introduce himself. The past Chair had resigned and it was now learnt that the group were not aware of all the information that had been given. The group had raised £1k from the Christmas Fair. None of the group wished to be a trustee of the charity but just to form a subcommittee of the Parish Council.
Work had been carried out on the field by the three groups working together, Parish Council, Park group and the village hall to fill in the mole runs. This would be an on going job to keep the field safe.
QUICKLINE
The list of interested parties from the meeting had been forwarded to Quickline to follow up. There had also been several individuals who had contacted the Parish Council and shown their interest in the service and these names had also been forwarded.
It is thought that a 24month contract would be a cost of £39.99 per month approximately.
It was understood all interested parties would be receiving an update prior to Christmas.
There being no further business the Chair closed the meeting at 9.45 pm. The next meeting will be held on Monday 7 February 2022 at 7.30pm in South Kelsey Village Hall.