LINTON PARISH COUNCIL

Bromsash Gorsley and Linton

 

Minutes Of The Meeting Held On March 10th 2003

In Linton Village Hall At 7:30 p.m.

 

Present:

Cllr Richard Smith , Chairman

Cllr Jean Foley, Vice Chairman

Cllr Audrey Duke

Cllr John Foley

Cllr Geoff Reeve-Black

Brian Atherton (Clerk)

 

4 Parishioners attended.

 

Minute Item

 

Action

 

 

 

 

1

 

Apologies

 

 

1.1

Cllrs Jim Stewart and Ken Downham.

 

 

2

 

Declarations of Interest

 

 

2.1

None.

 

 

3

 

Minutes of the Meeting Held on 10th February 2003

 

 

3.1

These were approved and duly signed by the Chairman, without change.

 

 

4

 

Minutes of the Meeting Held on 22nd February 2003

 

 

4.1

These were approved and duly signed by the Chairman, without change.

 

 

5

 
Matters arising therefrom not covered in the Agenda

 

 

5.1

None.

 

 

6

 

Roadmaker Inn

 

 

6.1

Parishioner Sue Matthews has rung a Mr King in Environmental Health to learn that Louise Hill has left and been replaced by a Debbie Clerk The Clerk will follow up with Ms Clerk.

The Clerk

 

7

 

Community Speedwatch

 

 

7.1

The Chairman has emailed CI Hancock informing him of our position as decided at the last meeting, so far without response. Ralph Hale is circulating the other members of neighbourhood watch. Nothing further expected until April when there should be news of the police position.

 

 

8

 

Jubilee Oak Tree

 

 

8.1

Held over in Cllr Ken Downham’s absence.

 

 

9

 

Lengthsman Project

 

 

9.1

The previously proposed contract amendments have been circulated to all parties and CHDC’s Lengthsman supervisor says that there have been no adverse comments. Upton Bishop council are meeting at the same time as this meeting, to consider the revised proposals, having previously intimated that they are content with the drafts.

 

Some minor further changes were proposed for the Lengthsman’s Contract and following those, proposed by Cllr Richard Smith, seconded by Cllr John Foley and approved unanimously, IT WAS AGREED to approve that contract.

 

With those changes incorporated, proposed by Cllr Richard Smith, seconded by Cllr Jean Foley and approved unanimously, IT WAS AGREED that the Chairman will sign the Lengthsman Contract on behalf of Linton Parish Council, alongside Upton Bishop and Lea Parish Councils.

 

After including one minor change to the Administrator’s Contract, proposed by Cllr Richard Smith, seconded by Cllr Geoff Reeve-Black and approved unanimously, IT WAS AGREED that the Chairman will sign that contract on behalf of Linton Parish Council, alongside Upton Bishop and Lea Parish Councils.

 

Proposed by Cllr Richard Smith, seconded by Cllr Jean Foley and approved unanimously, IT WAS AGREED that the Chairman will sign the contract with CHDC on behalf of Linton Parish Council.

 

The revised versions of each are attached to these minutes.

 

 

10

 

Accounts, Treasurer’s Report and Authorisation of Payment of Accounts

 

 

10.1

The accounts to date were tabled and noted without comment.

 

 

10.2

Proposed by Cllr Geoff Reeve-Black, seconded by Cllr John Foley and approved unanimously, IT WAS AGREED to pay the following invoices and the cheques were duly signed.

 

 

AP87

Viking Direct for Planning for Real Materials

46.50

AP88

Ken Downham for Paper and Paste

10.95

AP89

Audrey Duke for Cocktail Sticks

3.40

AP90

Max Gough for PVA Glue

6.49

AP91

Clerk's Salary for February 2003

180.00

AP92

Clerk's Expenses for January and February 2003

27.27

AP93

Hire of Linton Village Hall

35.00

 

11

 

Working Party Reports:

 

 

11.1

Planning

 

 

11.1.1

P73. SE2003/0294/F. Two-storey extension, single storey extension to form entrance hall & various internal alterations at 1 Studley Cottages, Linton, HR9 7SA. Council supports.

The Clerk

 

11.1.2

P74, 74a and 74b. SE2003/0594/F, SE2003/0594/L, SE2003/0622/F. Demolition of redundant agricultural buildings and erection of indoor exercise pool with first floor games/entertainment room, ancillary to and linked to principal residence. Change of use of farmyard and vacant buildings to domestic garden with access drive. The Grange, Aston Crews, Ross, HR9 7LW. Council does not dissent and has received no public representations. We trust that AI PC has been consulted and we are concerned at the size and style of the development in the proximity of a listed building.

The Clerk

 

11.1.3

P54. SE2002/1118/F. Subdivision of Unit 5 to create additional dwelling (Unit 5A); conversion of byre to dwelling (Unit 4A); amendments to access road and parking areas. Barns at Revells Farm, Linton, HR9 7SD. Permission was granted on 20/01/03.

 

 

11.1.4

P68. SE2002/3515/F. SE2002/3516/L. Change of use and conversion of barn to dwelling at Revells, Linton, HR9 7SD. Permission was granted on 30/01/03.

 

 

11.1.5

P69. SE2002/3638/F. Amended proposal to reinstate western section of building, including incorporation into an approved scheme for change of use to a single dwelling (part retrospective) at Great Woodend Farm, Linton, HR9 7SR. Application withdrawn on 17/02/03.

 

 

11.1.6

P70. SE2002/3775/F. Single storey extension with garage & conservatory at The Bungalow, Burrups Lane, Gorsley, HR9 7SP. Permission granted on 06/02/03.

 

 

11.1.7

P72. SE2003/0078/F. Proposed single storey extension to 4 Gorsley Gardens, Gorsley, HR9 7SJ. Permission granted on 25/02/03.

 

 

11.2

Finance. Nothing to report.

 

 

11.3

Footpaths. Cllr John Foley reported on two footpaths in need of attention. He will pass the details to the Clerk.

Cllr John Foley/The Clerk

 

11.4

Parish Roads in Need of Repair. Cllr John Foley reported that CHDC has been doing a lot of work in the vicinity of Bromsash crossroads.

 

 

12

 

Parish Projects for 2002/2003, including:

 

 

12.1

Stabilisation and Recovery of the Linton Pound. With the advent of Spring, work will start soon.

 

 

12.2

Reordering of Talbot’s Well. As for 12.1 above.

 

 

12.3

Reordering of the Allotments.

 

 

12.3.1

The Clerk tabled quotations from Chris Bennett and G A Luther for £1771 and £1450 respectively.

 

 

12.3.2

Council noted that, out of £1600 in the budget, £1200 is unallocated.

 

 

12.3.3

It was decided that the tree work should be left until the autumn and that funds could be drawn to the extent of up to £900 from Parish Projects and up to £550 from the Allotment fund. Additionally, there may be grants available.

The Clerk

 

12.3.4

The contract was, therefore, let to G A Luther

The Clerk

 

12.4

The Council’s Web Site. Nothing to report.

 

 

12.5

Parish Photographic Survey. Nothing to report.

 

 

13

 

Future Parish Projects

 

 

13.1

After discussion, it was decided to leave this subject until the Parish Plan has been completed.

 

 

14

 

Quality Council & Parish Plan, including

 

 

14.1

Factual Introduction to the Parish Plan. In Cllr Ken Downham’s absence, this item was carried over to the next meeting.

 

 

14.2

Public Planning Days. The next meeting of the Council’s working group is on Wednesday March 12th in Gorsley Village Hall.

 

 

14.3

Questionnaire Compilation (Keypoint). The Clerk tabled various different formats for the questionnaire layout and presentation. These will be put to the meeting in item 14.2 above for a recommendation.

 

 

15

 

Standing Orders v New Guidelines Comparison

 

 

15.1

This item held over to the next meeting.

The Clerk

 

16

 

Facelift for Quarries

 

 

16.1

The Clerk reported that the English Heritage funds are for the restoration and preservation of the geological condition of the site. Funds for 2002/2003 are exhausted and for 2003/2004 are limited. Nevertheless, English Heritage welcomed Council’s interest and invited a proposal.

 

 

16.2

The Clerk was asked to arrange a site meeting between the Chairman and English Heritage.

The Clerk

 

17

 

Annual Public Meeting

 

 

17.1

This will be held on April 14th in Gorsley Village Hall at 7:30 p.m., immediately preceding the regular meeting.

 

 

17.2

Personal invitations will be extended to parish groups, including the PCC, as in previous years.

The Clerk

 

18

 

Election

 

 

18.1

The Clerk set out the timetable for nominations and explained the need for 80% of Councillors to have stood for election. The Chairman appealed for parishioners to stand.

 

 

19

 

AGM

 

 

19.1

This will be held on May 12th, immediately preceding the regular meeting on that day.

The Clerk

 

20

 

Risk Assessment.

 

 

20.1

This item to be kept on the agenda, waiting on advice from HALC.

The Clerk

 

21

 

Chairman’s Announcements

 

 

21.1

Cllr Marlene Hartell has resigned. The Clerk was asked to write, extending Council’s regret and appreciation for her contribution.

The Clerk

 

21.2

The Rural Police Consultative Group has announced details of the Community Support Officer Scheme.

 

 

21.3

The last meeting of the Rural Transport Group was inconclusive as the major Grant Application was refused. It will be re-submitted.

 

 

21.4

The Ross and Regions Partnership is holding formative meetings and, as yet, there is nothing substantive to report from the Community Group which the Chairman attends.

 

 

21.5

The Chairman will be attending a Parish Plans Open Evening.

 

 

22

 

Correspondence

 

 

22.1

Councillors requested the following documents:

Cllr Richard Smith: D843, 847, 849, 851, 852, 855, 856, 858, 861, 863, 864, 867.

Cllr Jean Foley: D841, 843, 848, 851, 856, 857, 863.

Cllr Audrey Duke: D847.

Cllr Geoff Reeve-Black: D847.

The Clerk

 

23

 

Councillor’s Submissions, including Village Events

 

 

23.1

Cllr Geoff Reeve-Black:

There is to be a Poetry & Song Evening in Gorsley Village Hall this coming Saturday.

 

 

23.2

Cllr Audrey Duke:

Reminded Councillors of the forthcoming Film Festival in Gorsley Village Hall when there are three films: Monday 24th March Oh Brother Where Art Thou?

Tuesday 25th March Kandahar and Thursday 27th March Christy Malry’s Own Double Entry.

 

 

24

 

Public Submissions

 

 

24.1

Parishioner Gwynne Rowley:

 

 

24.1.1

The Jubilee Tree has been dragging on for some time with nothing happening.

 

 

24.1.2

He supports the idea of a Parish Leaflet - CHDC puts out circular walk leaflets. The Clerk will see if there is one covering Linton parish.

The Clerk

 

24.1.3

Weston under Penyard has erected some attractive Notice Boards. Shouldn’t Linton be doing something similar?

 

 

24.1.4

It is a shame that Linton has passed the Lengthsman resolutions with so few councillors present. The Administrator has two hats, being the Clerk as well. Why does CHDC want to get rid of the activity?

 

 

25

 

Items for Consideration at the Next Meeting

 

 

25.1

None

 

 

26

 

Date of the Next Meeting

 

 

26.1

April 14th in Gorsley Village Hall, immediately following the Annual Parish Meeting at 7:30 p.m.

 

 

The Meeting Finished At  10:15 p.m.

 

LENGTHSMAN AGREEMENT

 

CONTRACTING PARTIES:

The contracting parties are Lea Parish Council, Linton Parish Council and Upton Bishop Parish Council, hereinafter referred to as THE PARISHES and Wayne and Roger Reed of Hollygrove Barn, Wigpool, Mitcheldean, GL17 0JE, hereinafter referred to as THE LENGTHSMAN.

 

PREAMBLE

This AGREEMENT is between THE PARISHES and the LENGTHSMAN for work defined in ANNEX 1 hereto as AGREED TASKS.

 

START DATE

April 1st 2003                               

 

COMPLETION DATE

March 31st 2004

 

PRIOR TERMINATION

Either party (THE PARISHES OR THE LENGTHSMAN) may terminate this contract by giving the other 3 months notice in writing.

 

CONTINUATION

The contract may be continued after the completion date by mutual agreement in writing.

 

ADMINISTRATION

The AGREED TASKS are supervised by an ADMINISTRATOR who for the time being is Brian Atherton. Any change of ADMINISTRATOR will be notified to the LENGTHSMAN in writing.

 

CONTRACT FEE AND PAYMENT

The CONTRACT FEE is defined in ANNEX 2. Payment will be monthly in arrears, against invoice. Payments after the 6th month will be subject to certification of the work by THE ADMINISTRATOR and any checking required by Herefordshire Council.

 

NOMINATED TASKS

In addition to the AGREED TASKS, THE PARISHES may request additional NOMINATED TASKS. Each will be the subject of a separate written agreement for content and payment.

 

COMPLIANCE WITH HEREFORDSHIRE COUNCIL TERMS AND CONDITIONS

The LENGTHSMAN shall comply with all relevant statutory requirements (including Health and Safety at Work Legislation) at all times in carrying out the AGREED TASKS and the NOMINATED TASKS.

 

The LENGTHSMAN in carrying out the AGREED TASKS and the NOMINATED TASKS shall not impede the passage of vehicles except to the extent that it is necessary to do so and shall safeguard the passage of pedestrians and shall use signs and cones when necessary for the guidance and protection of the public and to comply with the standards of Herefordshire Council including any Code of Practice issued by Herefordshire Council to THE PARISHES.

 

The LENGTHSMAN shall, through THE ADMINISTRATOR, liaise with the County's Divisional Surveyor who shall be responsible for avoiding conflicts between different works being carried out on the public highway.

 

PUBLIC LIABILITY

The LENGTHSMAN must have and maintain Public Liability Insurance for £5,000,000 and further Liability Insurance which Indemnifies THE PARISHES from any claims that might arise from the terms of this contract.

 

TRAINING AND GUIDANCE

The LENGTHSMAN will comply with all guidance, advice and training provided by THE PARISHES.

 

COMPLAINTS

The LENGTHSMAN will refer any complaints, from whatever source, to THE PARISHES, through the administrator.

ANNEX 1 – AGREED TASKS

 

These tasks to be carried out on a regular basis and in consultation with the ADMINISTRATOR.

 

Verge Cutting

A Minimum of 2 cuts per year (between April and October). Maximum height immediately after cutting: 150 mms.

 

Hedge Fence and Grass Cutting Management

Where not already done by the local residents:

  • Cut back overgrown hedges encroaching on footways.
  • Strim overgrowth along Public Rights of Way in urban areas, that is roads with a speed limit of 40 mph or less.
  • Grass cutting as defined in ANNEX III.
  • Clear foliage blocking visibility of road traffic signs and foliage obscuring site lines at road junctions.
  • Remove all cuttings.

 

Drainage

Clear leaves and other debris from gully grid tops, drainage grips and entrances and exits of highway culverts.

 

Minor Storm Debris and Litter

Clear all minor storm debris discharged onto the highway and keep tidy all roadsides other than trunk and A roads.

 

Non-Mains Powered Traffic Signs

Ensure legibility and visibility of Traffic Signs including straightening, cleaning and removing vegetation. Repaint traditional finger and mile posts.

 

ANNEX 2 – CONTRACT FEE.

 

The Contract Fee is £6,000

 

CONTRIBUTIONS:

 

£980 from Lea

£3,406 from Linton

£1,614 from Upton Bishop.

 

 

Signed for Lea Parish Council

 

 

…………………………………………..(Chairman)

 

 

 

Signed for Linton Parish Council

 

 

 

………………………………………….(Chairman)

 

 

 

 

Signed for Upton Bishop Parish Council

 

 

 

…………………………………………..(Chairman)

 

ANNEX III

 

Grass Cutting in Lea Parish:

…………………………………………

 

Grass Cutting in Linton Parish:

…………………………………………

 

Grass Cutting in Upton Bishop Parish:

………………………………………….

 

CONTRACT BETWEEN THE PARISHES AND THE ADMINISTRATOR

 

THE PARISHES

Lea Parish Council, Linton Parish Council and Upton Bishop Parish Council.

 

ADMINISTRATOR

Brian G Atherton of 3 Springdale, Gorsley, HR9 7SU.

 

THE PARISHES’ REPRESENTATIVES

These are, for the time being, Cllr Alan Major for Upton Bishop, Cllr Audrey Duke for Linton and Cllr Patrick Keef for Lea.

 

The ADMINISTRATOR is responsible for day to day communications with and management of the LENGTHSMAN. In executing his duties the ADMINISTRATOR will be mindful of the instructions of the PARISHES’ REPRESENTATIVES and of work to be done, as and when brought to his attention either by the PARISHES’ REPRESENTATIVES, by members of the public or by his own observations. The ADMINISTRATOR will submit a monthly report to THE PARISHES, summarising the work done and the costs incurred.

 

ADMINISTRATOR’S REMUNERATION

This will be 10% of the CONTRACT FEE, paid in strict relation to the payments to the LENGTHSMAN. The ADMINISTRATOR will present invoices.

 

 

Signed for Lea Parish Council

 

 

…………………………………………. (Chairman)

 

 

 

Signed for Linton Parish Council

 

 

 

………………………………………….(Chairman)

 

 

 

 

Signed for Upton Bishop Parish Council

 

 

 

 

 

 

 

 

 

 

 

 

CONTRACT BETWEEN EACH PARISH COUNCIL AND Herefordshire COUNCIL

 

 

DATED _______________________________________2003

____________________________________________________PARISH COUNCIL

AND

HEREFORDSHIRE COUNCIL

AGREEMENT

Graham Dunhill

Director of Environment

PO Box 239

HEREFORD

HR1 1ZU

 

 

THIS AGREEMENT is made the _________________ 2003

BETWEEN HEREFORDSHIRE COUNCIL of the one part and the ________

Parish Council of the other part.                              ——————————

1.   INTERPRETATION

In this Agreement the following expressions shall have the following meanings:-

1.1    "The County"              shall mean the Herefordshire Council

"The Parish"               shall mean the _____ Parish Council

"Highway Maintenance"     shall comprise the particular minor Highway

Maintenance work specified in the Schedule,

Part 2

"Highways"                shall comprise the highways specified in the

Schedule, Part 1

"Undertaker"             shall mean any person or body who has a

statutory right to work or place apparatus in the

highway or has been given a licence to do so

"Financial Year"            shall mean from 1 April in any year to 31 March

in the next year

"Nominated Task"          shall mean a task agreed in writing between the

County and the Parish to be carried out or

arranged to be carried out in one financial year

at a cost agreed and funded by the County.

2.   PURPOSE OF AGREEMENT

2.1    The County as the local Highway Authority is desirous of minor Highway

Maintenance work being carried out by the Parish to meet the requirements of

both the County and the Parish.

2.2   The Parish are desirous of carrying out minor Highway Maintenance work

within their Parish.

2.3   This Agreement is entered to provide the terms under which that Highway

Maintenance work shall be carried out through the powers of the County and

the Parish to do so under Section 101 of the Local Government Act 1972 and

all other enabling powers.

3.   DURATION OF THIS AGREEMENT

3.1   This Agreement shall commence on the first day of April 2003  and shall continue until either party gives notice under the Agreement to

determine it.

3.2    Both the County and the Parish shall have the right to determine this

Agreement on giving three months' written notice to the other party.

 

4.   HIGHWAY MAINTENANCE

4.1    The Parish shall with due care carry out or arrange for the carrying out by

contractors approved by the County (and in compliance with the materials

and standards approved by the County):-

(a)    the Highway Maintenance on the Highways to at least the standard

and the minimum level of frequency specified in the ANNEX 1  to the Lengthsman Contract attached hereto.

and or,

(b)   any Nominated Task.

XX4.2   The Parish shall comply with all relevant statutory requirements (including

Health and Safety at Work Legislation) at all times in carrying out the Highway

Maintenance. DELETE THIS CLAUSE.XX

4.3   The Parish in carrying out the Highway Maintenance shall not impede the

passage of vehicles except to the extent that it is necessary to do so and shall

safeguard the passage of pedestrians and shall use signs and cones when

necessary for the guidance and protection of the public and to comply with

the standards of the County including any Code of Practice issued by the

County to the Parish.

4.4   The Parish shall liaise with the County's Divisional Surveyor who shall be

responsible for informing the Undertakers to avoid conflicts between different

work being carried out on the public highway.

5.   INDEMNITY AND INSURANCE

5.1    The Parish shall indemnify the County against THE PARISHES’ legal liabilities arising out of the Highway Maintenance undertaken or to be undertaken by the Parish or by

any contractor under this Agreement except to the extent that the claim arose

out of the act or omission of the County.

5.2   The Parish shall maintain an insurance policy with a reputable insurance

company to provide cover against any claim arising out of the indemnity in the

previous clause (5.1) to a minimum level cover of £3,000,000 and shall

ensure that any contractor maintains similar insurance.

6.   PAYMENT

6.1    The County shall notify the Parish of the level of financial allocation for each

financial year for the Highway Maintenance prior to the start of that financial

year.

6.2   The County shall make the payment for Highway Maintenance to the Parish

quarterly in accordance with 6.3 except where the Highway Maintenance

relates to grass cutting only where payment shall be made in accordance with

6.4 and where it relates to a Nominated Task when payment shall be made in

accordance with 6.5.

6.3   The first two equal quarterly payments shall be in advance on the first working

day in April and July. The third and fourth quarterly payments shall be made

in advance on the first working day in October and January only if and only in

 

full when the County has completed any checking of the work carried out and

the Parish has demonstrated to the County with a record of invoices that

there is insufficient money paid to date to fund the scheme for the following

quarter.

6.4   The County shall make payment for grass cutting in two equal installments the

first payment on the first working day in July and the second payment shall be

made in arrears following certification of the work by the Parish and any

checking by the County of the work carried out.

6.5   The County shall make payment for a Nominated Task following both

completion of the work for the Nominated Task to the County's satisfaction

and submission of the invoice for it to the Divisional Surveyor.

7.    COUNTY TRAINING, SUPERVISION AND GUIDANCE

7.1    The County shall be entitled to provide guidance on the Highway

Maintenance work and the manner in which it shall be carried out as

necessary.

7.2   The County will on occasions inspect the Highway Maintenance and give

supervisory advice, if necessary.

7.3   The County will provide any necessary training identified by the Parish Council.

7.4    The Parish shall comply with all guidance, advice and training provided in

accordance with Clauses 7.1, 7.2 and 7.3.

7.5   The County will provide a nominal amount of signs, cones and reflective

jackets..

8.    COMPLAINTS

8.1    The Parish shall deal with any complaints made.

8.2    The County is entitled to refer any complaints relating to the work carried out under this contract it receives to the Parish.

8.3   The County shall have the option to investigate any complaints that it

considers necessary to investigate.

8.4   The Parish shall every month provide a written summary of all complaints

received and the action taken in response to such complaints.

8.5   The Parish shall notify the County immediately of any complaints received

which may potentially involve the County in any claim.

9.    VARIATION

9.1    The County and the Parish reserve the right at any time by written agreement

to vary the terms of this Agreement.

IN WITNESS WHEREOF the County have affixed their Common Seal and the Parish

have signed as a Deed the day and the year before written.

 

SIGNED as a DEED

by................................................

its duly appointed Chairman

and ..............................................

its duly appointed Clerk on

behalf of........................................

PARISH COUNCIL

in the presence of:- ...........................................

THE COMMON SEAL of the

COUNTY OF HEREFORDSHIRE

DISTRICT COUNCIL was hereunto

affixed in the presence of:-

Head of Engineering & Transportation