Meeting Minutes Mayor/CRA 4th Nov 2009
Mazarron Town Hall
Those Present :
Mayor Blaya Blaya
Jackie Galvez – Counciller (JG)
Greg Green – CRA Chairman (GG)
Joyce Stewart – CRA Vice Chairwoman
Les Crook – CRA Membership Secretary
John Daws – CRA
Bob Owen – CRA
Barrie Eveleigh – CRA
Enrique Olmos – Translator
The meeting commenced at 11am.
1. What is the current situation in regard to legal action being taken by council against Masa and what time period is envisaged by the Council legal team before results are achieved.
A : The Mayor confirmed that action was now being taken against Masa and a full report had been prepared by the councils head of legal affairs. Up to the present date the Council had adopted a policy of diplomacy with Masa to try to get as much work completed as possible before the point came where it would be necessary to take action to seize the guarantees and complete the work needed to bring Camposol up to the standard required for adoption. The Mayor would not commit himself on a timescale but stated that it would be weeks rather than months. Firstly the legal papers would have to be served on Masa notifying them that the guarantees were being seized and then the Council needed no further authority to take the money. Masa could appeal the seizing of the guarantees but this would be done after the money was in the hands of the Council. Any appeal would not prevent a plan of action being put in to place to complete the necessary work needed to complete Sector A and the subsequent adoption.
2. We have a figure from the Garrigues Report on the amount of Guarantee for Sector A. Although this was in pesetas in the original Plan Parcial the amount equates to approximately 86.000 Euros. Can the Mayor confirm this? How much are the guarantees for the other Sectors and are they guaranteed by the banks. If not what format are they in?
A : The Mayor confirmed that there were the following guarantees in place :
Sector A – 136,000 Euros approx to complete infrastructure such as roads, pavements & lights.
Approx 600 Euros per house for other works.
Sectors B, C & D – Approximately 1 millon Euros to complete infrastructure such as roads, pavements & lights.
Approx 600 Euros per house for other works.
The Mayor also acknowledged that if Masa did not complete any further work then these amounts would no where cover the work needed to bring all Sectors up to a satisfactory level for adoption. Should this come about then a plan would be needed detailing the priority and extent of work that could be undertaken with the finances available.
GG requested that the homeowners of Camposol be included in this process and the Mayor agreed that this would happen. GG asked when this would be put in to action and the Mayor stated that he was unwilling at this stage to discuss this as the legal process had to take its course of action. The Mayor confirmed that all guarantees were in the form of bank guarantees and there would be no issues in obtaining the funds from the relevant banks.
GG requested an update on the work being undertaken by JG and the Council legal department in exploring a way forward in the future administration of Camposol. JG stated that this was ongoing and the preferred plan was still as discussed previously where the Council would administer Camposol in conjunction with an elected representative body of homeowners with an annual Camposol levy being applied to each house in addition to IBI.
3. We have copies of official Council documents that show Masa agreed a payment of 2 million Euros to the Council in lieu of the 10% of land that would have been legally given to the Council under the Plan Parcial for Sectors B, C & D. The payment was to be made over five payments. Has the money been paid and if so has it been used?
A : The Mayor confirmed that this process was common on all developments in Spain and he could confirm that the agreement for 10% of the land on Camposol Sectors B, C & D was resold back to Masa. He also confirmed that the money had been paid in full by Masa and although he couldn’t say exactly where the money had been used it would have been invested in the Mazarron area as there was no obligation for that money to be used on Camposol.
4. Could we please have an update on the signing off of the revised Plan Parcial for B, C & D Sectors & have the Confederacion Hidrografica been in contact with the Council?
A : The Mayor stated that this was a major concern for him and the Council. When they came to power the previous administration had allowed much work to be undertaken by Masa different to the original Plan Parcial for Sectors B, C & D. This included a bridge in the wrong place, many polygonos with more or less houses than approved and a problem caused by the building of houses on the rambla on Sector D. They had decided with the help of Masa to produce a revised Plan Parcial and this was completed in late summer 2008 and sent to the Confederacion Hidrografica in Murcia for approval. Part of the plan to resolve the rambla problem was for an artificial rambla to be constructed around D Sector. The Council have been chasing the Confederacion for some months to get the plan signed off but in a meeting between the two in September of this year the Confederacion Hidrografica has now requested an environmental impact report from Masa in relation to the planned construction of the artificial rambla. Everyone is now awaiting this report before any headway can be made on this issue.
GG stated that this situation was causing major problems for the homeowners of Sectors B, C & D who now find themselves in a position of having no or incomplete escrituras and no Certificates of Habitacion. Without these documents it is virtually impossible to sell their houses and in some cases this has caused severe financial hardship.
5. Could the Mayor give his opinion on what should be done if the exposed sewage pipes on the badly affected roads on Sector D burst over the winter?
A : GG showed the Mayor pictures from the roads on D35 & D26 where severe erosion from rain has caused the sewage pipes to be exposed. He also said that at sometime during the winter it was quite possible that if no remedial work was undertaken then the pipes could fracture resulting in raw sewage from some 2000 houses on the Sector flowing down the streets and in to the rambla to Mazarron. This potential health and environmental catastrophere could be avoided if work was carried out now to repair these areas. GG also stated that Masa had been made aware of the situation and had done nothing to correct it.
The Mayor said that he was aware of the problem and his technical department had completed a report on this situation and it had been forwarded to Masa for action. When GG stated that is was obvious to all concerned that Masa were not going to spend another euro on Camposol and it was now up to the Council to support the people of Camposol. The Mayor replied that legally their hands were tied and they were unable to intervene.
A intense debate took place with GG eventually asking what advice the Mayor would give about actions that the CRA should take when the pipes did break. JG suggested that at this point there would be little option but to take out an injunction against Masa which if not acted upon could mean that the Council could be ordered to get involved by the courts.
6. Could we please have an update on the promised bus service?
A : JG stated that a process was underway to provide an integrated bus service for all of the area covered by Mazarron Council. Concessions had been sent out but the project was very large and still some way off completion. In the meantime because of this time problem the Council had approached a company about a bus service specific for Camposol and the Country Club. She had travelled the proposed route with this company and at the end of their discussions the company decided that without a subsidy from the Council of 120,000 Euros a year they were unwilling to put a service in to place. JG stated that the Council could not afford this amount of money to provide this service.
7. Could we please have an update on the Medical Centre?
A : The Mayor stated that the Medical Centre was now nearly completed and ready for handover to the Regional Health Authority for fitting out with furniture etc,, and once recruitment was complete, opening. He would not be drawn on an opening date as a similar centre in the Port was now way over the proposed opening date due to Regional Health Authority delays.
8. Could we request that the Mayor arranges increased police patrols on Camposol now that the nights are closing in?
GG opened this session by showing a picture to the Mayor of a electric meter on Sector D which had recently been cut out by Iberdrola and a sticker put over the gap saying that the meter had been removed due to non-payment of bills. GG went on to say that this was now a daily occurrence and we will soon find ourselves, as last winter, without any interior street lights and all the problems that this brought about with personal safety and house security.
The Mayor sympathised with the situation and confirmed once again that this was out of the Councils control and the blame lay firmly with Masa. He did give an undertaking to make sure that police patrols would be stepped up if possible.
9. There are many homeowners on Camposol that are worried about their legality in occupying their villas. Can the Mayor confirm that these people are legally occupying their homes?
A : In spite of repeated requests when asked whether the people on Camposol were living there legally or illegally the Mayor would only say “we are where we are”. JG went on to say that when this administration came in to power there were over 1000 people living on Camposol and it would have been impossible to take a step back and ask everyone to leave until the Certificates of Habitation had been issued.
10. With all the rumour and conjecture that there is on Camposol can we ask the Major to issue a statement that lays out the proposed way ahead as he sees it for Camposol?
A ; When asked this question the Mayor declined the offer on the grounds that he felt the people of Camposol were being kept up to date by meetings such as this one.
11. The Council has recently announced changes to the Padron system for foreigners, could this please be explained.
A : JG stated that this initiative had come from Central Government (National Institute of Statistics) who are questioning the actual numbers of foreigners on the Padrons. She went on to say that there were currently approximately 7,000 non Spanish Europeans on the Mazarron Padron of which some 3,000 will be struck off in the next few months.
She went on to explain that in future only foreigners with Residence Cards or Forms would be allowed to register on the Padron. Anyone else who registered just because they have a house in the area and only visit and not reside in that property will be struck off and not be allowed to re-register.
JG also stated that there would be no retribution against those that had applied and been added to the Padron but did not have residencia.
12. JG was asked if she wanted to read the minutes from these and future meetings with the CRA before publication?
A : She stated that she didn’t feel this was necessary as this meeting was non-political and previous minutes had been considered fair and factual.
The meeting was closed at 12.50pm.