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Minutes of Annual General Meeting 2017

Minutes of A.G.M. held on Tuesday 12th September 2017 at 7pm at Harrison Road School

The meeting was planned to start at 07.00pm. However initially only 19 members were present, one short of a quorum.

While we were waiting for one further member to arrive, Mike Zeffertt suggested that as per ‘Agenda item 6 – Debate any proposals submitted’ he had a topic for discussion but there would be no formal vote.

Mike advised that 2 years ago a discussion had taken place, but not considered to be an issue just a topic, regarding ‘Travellers’. Travellers have pitched on the Park Lane Recreation Ground several times in the past few years, the last was in July this year. FBC have erected reinforced concrete bollards at all the vulnerable points to prevent recurrence. Poyner Close is deemed to be vulnerable to entry onto the open space. Mike had been to an exhibition, a PR exercise, where he enquired if a quote could be obtained for the costs for the bollards. However no quote has been received. But would be possible to find out if FBC can protect this land. If Travellers did gain access and damage was caused on the land, Solitaire would need to evict them and this could increase our bills.

It was discussed and suggested that instead of bollards, trees could be placed in these areas. Kevin Morgan commented that if a trench was dug, and grassed over, this would be a lot cheaper.

Could explore ways to create obstacles, but Travellers if they are persistent will get in. This should be discussed with the Management Company, have they experience of this on other properties and a reasonable solution.

Mike commented that if we ask the landowners to create a barrier to incursion and they do not, then if an incursion should occur we would be able to resist paying for the resolution as it would be due to their negligence.

Action: Propose that The Committee investigate costs or call an Extraordinary Meeting for further discussion. Need to be careful to reference the specification. The Management Company should have experience on this and possible solutions.

An informal vote took place on this:

17 Agree

3 Opposed

During this discussion a 20th member had arrived, so the meeting was now quorate and proceeded with the formal business of the AGM.

1. Agree the minutes of the last AGM and matters arising therefrom

Minutes were proposed by Roxanne Johnson, Seconded by Wendy Brown. Minutes adopted, all in favour.

Matters Arising: Stricter Parking Controls on the Estate, The Committee did liaise with FBC reference introducing a permit parking scheme. General decisions now lay with HCC instead of FBC, these schemes cost more to run than they bring in, they do not have the money to spare.

2. The Chairman’s annual report

First, I would like to thank all of you for coming tonight. I would also like to thank the committee members for their work this year. Most particularly I want to thank Ray Marsh, who has recently resigned as Treasurer for health reasons. Ray took up the job of Treasurer in 2011 and has performed this task with care and attention to detail ever since. Thank you Ray.

During the year we have had a problem with non-residents parking on our roads. The biggest issue were the two FedEx vans that kept being parked at the top of William Price Gardens while their owners went to the leisure centre. We did our best to get someone to deal with this, but there turned out to be very little recourse.

  • The vans were parked on our road because the leisure centre car park bans vehicles above a certain weight.

  • FedEx told us that the vans are not actually their vans: like many companies they don’t employ drivers, they hire independent companies to provide vans and drivers. In practice these are generally self-employed owner-drivers and in my opinion the whole thing is a cynical way of getting around employment laws. Be that as it may, FedEx are not in a position to tell van owners what to do with their vans, even if they carry the FedEx name.

  • The police told us that they won’t do anything unless the vans are creating an obstruction or preventing emergency access. I went up there with a tape measure and found that a fire engine could just about get through, although it would probably have to drive over the flowerbed to do so.

There have also been lower level issues with cars parked down William Price Gardens. We asked Fareham Borough Council to introduce a permit parking scheme. However they have found that these schemes cost more to run than they bring in, and they don’t have the money to spare.

Fortunately this problem seems to have gone away on its own. But we will keep an eye on things and take it up again if necessary.

Talking of the flowerbed at the top of William Price Gardens, you may have noticed that it was planted with shrubs in the Spring. Responsibility for the flowerbed was a bit vague, but it seemed to lie with Hampshire County Council. We asked them if we could plant it ourselves, and were given a list of conditions starting with £2 million of liability insurance. Then a mysterious group of guerrilla gardeners turned up with plants and bags of peat and tree bark and did the job. Watering and weeding has continued at intervals since.

This year FirstPort have appointed a new estate manager, Hannah Forrest, who has replaced Sarah Wareham. We continue to meet with Hannah when she visits the estate, just as we met with Sarah, and we think that this provides an excellent way of dealing with the various minor issues that occur from time to time.

One issue that has not been dealt with is the steep increase in management fees. In 2012 we agreed with FirstPort (then OM Property) that the annual management fee would be £4800. With VAT and inflation since then that comes to £5,670. However the management fees for the year up to last July are projected to be a total of £7,066. Most of the difference is accounted for by the “Accounts preparation fee”, which is actually just another name for part of the management fees.

In August 2016 I asked FirstPort for an explanation of this difference. After repeatedly getting no reply I escalated this to Holdings & Management (Solitaire) Limited. For those who don’t know, Holdings & Management (Solitaire) are the company that are actually named in the Transfer Documents, and hence they are the company that we actually all have contracts with. Holdings & Management (Solitaire) are just a holding company: they don’t do anything except own stuff, and their only existence is two directors and a correspondance address. Nevertheless they are legally the people responsible.

I asked Holdings & Managment (Solitaire) to invite bids from other companies to replace FirstPort. My first letter didn’t get a response. My second threatened legal action. My experience when making complaints like this is that you will be ignored or fobbed off until you threaten legal action, at which point things suddenly start happening. I’ve never had to actually go to the law in these cases; the threat is usually sufficient.

In this case the result was that Holdings & Management (Solitaire) hired Estates & Management to investigate my complaint. Estates & Management sent out that strange customer satisfaction survey. Then everything went quiet again. After some more letters and a second threat of legal action things have started moving. As of now I’m exchanging emails with Jennifer Gibson of Estates & Management. So far she has agreed that the accounts preparation fee is indeed part of the management fees, and she is moving ahead with the bidding process that we have asked for. Whether we get a refund for the last year of prevarication remains to be seen, but we should at least be confident of being charged a fair price going forwards.

In summary, the committee continues to represent the interests of the residents. It is often an uphill struggle, and you don’t get anywhere by bluster. We will continue to meet with the estate managers, and we will also carry on plugging away with the various government bureaucracies and companies that have a say in what happens to this estate.

3. The Treasurer’s annual report

Ray Marsh had resigned from The Committee, therefore Paul Johnson presented the Accounts.

Summary: Started the Year with £2041.00

Balance now £2226.00

Petty Cash £3.99

4. Questions from the floor to be taken by The Chair

There were no questions

5. Election of Committee members:

The following were nominated for election as the executive:

  • Chairman -Paul Johnson – proposed by Mike Zeffertt & seconded by Kevin Morgan.

  • Vice Chairman – currently this position is vacant – there were no takers for this position.

  • Secretary – Deana Tarrant – proposed by Wendy Brown & seconded by Dan Bray.

  • Treasurer – Roxanne Johnson – proposed by Wendy Brown & seconded by John Saunders.

All these nominations were unopposed, and the members listed are therefore elected to these positions.

6 other members were elected unopposed to the committe:-

  • Wendy Brown

  • Dan Bray

  • Kevin Morgan

  • Mike Rayner

  • Robert Peach

  • Richard Kendal

6. Debate any proposals submitted

Residents wishing to propose any resolutions had been requested to provide these to The Committee by the 29th August 2017

A formal proposal was submitted by Richard Kendal:-.

Propose that the committee seek ways to allow the North section of the grounds to grow wild that are beneficial to residents and consistent with the landowner’s obligations.

Mike Zeffert raised a point of order as to why the proposal had not been circulated to members. Mike had checked the Constitution, and found that there was no specific requirement for us to do so, but felt that this was the obvious intention of having proposals submitted 5 weeks in advance. Paul responded that the proposal had been made available via the web site.

Richard Kendal spoke in support of his proposal:

  • The grounds surrounding the estate are mainly used by dog walkers and others who do not live on the Estate or contribute to its upkeep.

  • During good weather groups of teenagers congregate in this area, mainly to hang about, kick a ball around or ride their bikes. Sometimes they are noisy and usually leave their litter, often there is drink or drugs involved and this can make it intimidating to any resident asking them to tidy up or make less noise.

  • We have been advised to call 101 if there is a problem but sometimes this may be a bit ‘heavy handed’ if they are youngsters.

  • By letting the area grow ‘wild’ it will become less attractive to these people and the things they wish to do. I walk around the grounds most days and have noticed that they are seldom used by other residents or their children so this proposal shouldn’t affect them.

  • This proposal may also encourage the growth of wild weed and flowers which in turn may promote much needed pollinating wildlife.

  • Hence we should try an experiment on the north side of the landscape area.

Paul Johnson advised that he does go around there and has not seen drugs etc. However 5 other people had found drugs recently, it can also be smelt. When it is reported to the Police, they do not have anyone to send. There is also a concern that telephoning 101 (the police non-emergency number) could be too heavy handed.

Mike Zeffertt was in opposition to the proposal. He felt that if we discourage nuisance incursions on one area then these teenagers will just move to another part of the open space.

Fareham Borough Council consider that 0.75 acres of on the north side of the estate is Public Open Space. If the experiment had to be reversed then there would be costs of rectification to put the land back as it was to original state. We would not be able to object as we originated the Plan. If trees on the land were left to mature, then roots of trees would undermine adjacent walls of homes, plus insurance problems (i.e. a tree fell on a house in Harrison Rd) with high winds there are greater risks. We have sympathy with the idea, but there are practical barriers.

Trees at back of Richards’ house are already close to boundary.

It was suggested that if the grass was higher in the summer, and lower in the winter, they won’t be able to cycle and play ball games there. Make the area alittle less attractive. The North Side does not get a lot of light/sun anyway.

Kids sit, have cycle races around the Copse area, play ball games. Problem would then move to other parts of the Estate.

Dan advised it is a false assumption that the area is not used by residents, as Dan does take his children around the landscaped areas.

Wendy advised we should encourage people to use the facility, take children around; people forget it’s there.

Junie commented that long grass would encourage rats in the area.

John commented that if the experiment failed, or was not working, sow wild turf see if grass will grow back.

A discussion took place ref whose responsibility is it to clear up after others ie., litter. The Management Company who charge us for it. John advised FBC have a Sharps Dept for drugs to collect needles, they will come and clear it – needles only.

Dan advised that he regularly picks up litter and commented that the bin needs to be replaced, the bin was removed when the fence was burnt

Wendy commented that the teenagers should be told this is a private estate and hopefully they will then go. Some have phoned Police and the teenagers do go off. Dog walkers are the biggest problem.

The proposal was then put to the vote:

Show of hands in favour 7

Show of hands against 12

Proposal not carried.

7. Set the annual rate of subscription

Proposed for subscription to remain at £2.00 per member – proposed by Kevin Morgan and seconded by Mike Ryman

The proposal was carried unanimously.

We currently have 92 members, representing 58 households.

8. A.O.B

Scotts Pine Tree near pathway down to Harrison Road on the left, the bottom 3ft of the tree is rotten, it might fall, has a serious disease.

Action: The Committee to highlight this to Firstport.

Parking problems may have gone away for now, but may become a bigger problem when Lyses carpark will close in Fareham.

John Saunders was still concerned over the safety issue on the corner of WPG, double yellow lines could be placed at the corners visibility is needed for pedestrians. FBC and HCC decided that the single yellow lines and restricted times notices was sufficient when this was previously reported.

Action: the Committee to contact HCC again with ref to this issue.

Paul thanked everyone for attending this evening.

Meeting closed at 08.15pm

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