MINUTES OF TREWENT PARK HOMEOWNERS’ ASSOCIATION
Date: April 11th, 2004, 10:00 am
AGENDA ITEM 1:
Chairman Jerry Gould welcomed everyone to the meeting and proceeded to Agenda items 5 and 6, election of Officers and Committee members.
The following Officers were elected:
Chairperson: Jerry Gould
Secretary: Desni Mezits
Treasurer: Peter Coleman
Volunteers for Committee were:
By a show of hands the number of Committee members was increased to six individuals and the above named were elected.
Geraldine Buckley and Lynda Priddle stood down as Committee members.
AGENDA ITEM 3:
The minutes of the previous meeting, October 26th, 2003, were accepted as a true and correct record with Geoff Evans as Acting Chairperson.
Minutes of meetings are posted on TPHHOA web site.
AGENDA ITEMS 4 and 7: MATTERS ARISING and LOCATION OF MEETINGS
The future location of meetings was discussed. The use of the upstairs of the Longhouse is not yet available as the building remains unfinished. The capacity of the Lamphey Court room is limited and constrained by fire regulations.
Other venues for meetings will be explored.
The Treasurer’s documentation remains with Anthony Millwood. However, the Chairman stated that funds of the Association stand at £7,500.00 and approximately a further £600.00 will be added today.
AGENDA ITEM 8: WEB SITE
The Association’s web site is: www.tphhoa.org.uk The web site is run by Pembrokeshire Association.
There was a question of whether lettings may be made available on the Association’s website. This will need to be investigated.
AGENDA ITEM 9: REFUSE COLLECTION AND DISPOSAL
Chairman Jerry Gould has an extensive background exceeding sixteen years in local government and has had partial ownership of a refuse collection company. He currently consults on this and other matters and has extensive knowledge of the issues involved in the present situation at Freshwater Bay Holiday Village (Trewent Park).
Outline of facts
Section 6(2) (iii) of the Lease between Freshwater East Park (Management) Limited and the chalet owners states the following:
…… ‘the Company will provide …… dustbin shed and facilities for the disposal of refuse from the Beach Homes on the estate.’
There is no ambiguity regarding the provision of a shed, but there is ambiguity in the rest of the clause.
Mr. Gould explained that Trewent Park is unique because Pembrokeshire County Council has white bags printed especially for use at Trewent Park and will only accept garbage using these bags.
The bags are sold to Management to cover the costs of collection.
There are two levels of council tax payers at Trewent Park: those chalet owners who pay domestic rates and those who pay at business rates.
Business rate payers are liable to pay for the cost of their own garbage collection.
Roger Hunt has been collecting white bags from collection points on the site and has been absorbing the costs of business rate payers for several years by doing this.
Garbage problems have arisen as the “bin bays” have become a source of a health and safety issue.
Chalet owners have contributed to this problem by careless disposal of rubbish, including not placing rubbish into the white bags provided.
Consequently there has been a breach of health and safety requirements and no employers’ liability insurance is available until the problem is solved.
Roger Hunt has apologized by letter for his hasty action in sending a letter to chalet owners and for the wording of this letter.
There followed extensive and animated discussion about the issues involved in garbage collection on the site and the extent of Roger Hunt’s responsibilities under the lease, and whether he is doing the minimum as required.
Mr. Gould has investigated the cost of Biffa garbage disposal, compared that cost with the cost of using Pembrokeshire County Council and found that Biffa is very competitive.
It has been established that Roger Hunt would not make any profit from using Biffa.
Landfill costs are expected to rise significantly in future.
Insufficient chalet owners have paid for Biffa disposal to institute the service.
Owners wishing to apply for business rates may contact the following:
Mr. Philip Morse,
Carmarthen Valuation Office,
Carmarthen SA31 3BT.
Telephone 01267 322200.
The legal principle of Estoppel was discussed.
If a precedent of action has been set, it may be required to continue. However, the principle must be established and this can only be done by taking legal action through a lawsuit. There is no definitive guarantee of outcome as the opposing side would present case law to support their position also.
This would be an extremely costly process.
Ongoing discussion addressed the need for chalet owners to be responsible, variation of volume of refuse throughout the year and the rapid deterioration of the site if there were no adequate refuse collection in place (This would certainly devalue the worth of the chalets).
It was agreed that the Council should be contacted to discuss a potential solution to the refuse problem and a simple means of disposal.
It was noted that it would be unlikely that all chalet owners would pay for Biffa collection and that it would be impossible to police use of Biffa bins.
One member said she had taken legal advice and her solicitor had advised her to pay for Biffa.
Roger Hunt has agreed that all accounts connected with refuse disposal would be available for audit by the Association and that any over recovery would be credited to the following year.
Cheques for Biffa service will not be cashed until enough funds are in place to pay for the contract.
Mr. Bilson proposed the following:
We recommend that owners pay the £50.50 per chalet "without prejudice" to the management company to allow the Biffa contract to be put in place.
If the contract price was not met due to non-payers, the Association would contribute up to £2000.00 or 50% of the shortfall, whichever is the lower, on an agreement that the same amount would be contributed by the management company.
A reduced number of skips may also be considered.’
Seconded by Mr. Stanion.
It was agreed that up to 1,000 pounds may be expended to get legal advice concerning the refuse disposal matter and other issues.
AGENDA ITEM 10: SALE OF SITE
There is no definitive information available at this time concerning this matter.
AGENDA ITEM 11: TV AERIAL PROVISIONS AND MAINTENANCE
The lease does not preclude fixturial fitting for individual units.
AGENDA ITEM 12: SITE MAINTENANCE
Any issues or concerns about maintenance may be posted through the Chairman’s door, Chalet #266.
AGENDA ITEM 13: PROPOSED CHANGES TO ARTICLES
The proposed changes to the Articles have been posted on the website. Carried unanimously.
AGENDA ITEM 14: ANY OTHER BUSINESS
A vote of thanks was made to Jerry Gould for the substantial amount of work that he has contributed to the Association.
CLOSURE OF MEETING
Desni Carolyne Mezits