Minutes of the special meeting held in the Baxter Hall at 8pm on Wednesday 21st February 2007.

Councillors  Present: Cllr S Johnston (chairman) Cllr S Cottle (vice Chairman) Cllr P Vogel Cllr I Fisher Cllr R Watts Cllr W Luxton Cllr A Hunkin  Mrs H Harris (clerk)
No member’s public present.


         This meeting was called by three Councillors P Vogel I Fisher R Watts to discuss the Play 
         area lease 
84       The chairman opened the meeting by asking the clerk why she had not put the agenda
         on the village notice board at North town cross, said that she wasn’t sure if she had to
         because it was councillors that had called the meeting so she just placed one on the council
         notice board at the Baxter hall, he reminded her that every meeting has to be  placed on both 
         notice boards and must do so in the future.

85	 Play Area Lease.
         Chairman proceeded by asking Councillor Watts why the meeting had been called, before he 
         answered. Councillor Vogel said that he was the instigator of the meeting as he thought 
         along with the other Councillors, that  it was time that the play area lease was completed
         and signed.
         The chairman had been asked if he would take the lease to another solicitor to get
         another opinion, at the Council meeting on the 21st November 2006.
         Since then a meeting was arranged with the Baxter Hall to sort out all the outstanding 
         Matters. A copy of the lease had been sent to Devon Association of Parish Councils, and 
         they agreed that some items on the lease needed to be amended. Since then Cllr Johnston has 
         come up with unacceptable clauses.
         The main outstanding issue was the insurance on the play area. He would also like to see the
         E put on the name of Petrockstowe Parish Council 
         Cllr Luxton asked Cllr Johnston why he kept finding more mistakes on  the lease, as he felt 
         that it was more opinions than mistakes, he replied that it was facts not opinions.
         Cllr Johnston would like the clause 5.10.2 re worded, the clause concerning third party 
         Insurance. for play area 
         Clerk had contacted insurers the requirement is satisfactorily covered by the paragraph 
         entitled “Other interest” on page 24 of the policy wording “select for local councils” 
         Clerk produced the booklet for council to see, a copy of the e-mail from the Insurance 
         Company had been forwarded to the Baxter Hall secretary. Cllr Fisher felt that is how 
         solicitors word these clauses, for insurance purposes, and feels that if the E  was  included on 
         Petrockstowe the lease should be signed without delay. She also felt that if the landlord 
         insisted on invoking that clause, then Council could invoke clause giving 3months notice of 
         termination.
         Cllr Vogel proposed that a meeting should be held in a week’s time to finalise the lease, 
         was ruled out of order.
        . Cllr  Fisher has not been on the council for very long but during her time has had  
         parishioners  asking  why hasn’t this play area lease been signed, and would like to see it 
         signed  without any more delay, Chairman said that no one had approached him,  
         Cllr Johnston felt that as Cllr Luxton is Chairman of the Baxter  Hall he could say that the E 
         should be added to the heading without going back to the committee. Chairman asked why 
         he and Cllr Cottle had not been consulted about arranging  the meeting with Baxter hall also 
         this meeting. Cllr Fisher suggested, “that they might be afraid of me”, Councillor Hunkin 
         agreed.                
         Following further discussion, The chairman said that he would consider what had been 
         discussed  And following consultation  with the vice chairman  would take the appropriate 
         action. 
         Chairman asked why the play area had been kept closed if insurance had been paid, the
         Baxter hall did not pay the insurance until January after we found out that Council 
         could not insure the play area ,until they had the tenancy.         .
         Councillor S Cottle was asked if there were any queries on the lease he wished to raise, his 
         only query was of 5.3.4, who would be responsible if any thing ran into the wall 
         surrounding the play area,, It was agreed that the council would be responsible, and could 
         make a claim, as this is why you pay insurance.

         Clerk advised the council that the Rospa report would take place sometime in March.



Next meeting on Tuesday 20th March at 8pm in Baxter Hall



Meeting closed at 8-50pm


Chairman………………………………………………Date………………………………………