Minutes of the Annual General Meeting of the Entidad de El Capsó held at the Ayuntamiento Theatre, Orba on 24 November 2008.

The meeting was attended by 51 residents.   On the platform were: Babs Coleman, Graham Scutt (Secretary), Colin Spencer (Treasurer), Peter Widdop (President). Apologies for non-attendance received from Ella and Donald Ferguson, Sally and Randall Lewis, Hilary and Tony Pateman, Sue and Jim Hitchen, Wendy and Allan Medhurst, Herman Backer, Joan Taylor, Janet Powell (committee) and Teresa Knowles (committee).

 The President opened the meeting at 7 p.m. by welcoming those present and especially any newcomers.   He thanked Les Asquith and John Tandy for their considerable efforts in years past.   He also announced with deep regret, for those who may have been unaware, the untimely death of the previous Treasurer, John Kirkbride in June 2008.

 Approval of the minutes of the previous A.G.M. held on 25 October 2007.

 The minutes were taken as read and deemed to be correct by those present.

 Matters arising from the minutes.

 There were no matters arising save one mentioned in the President’s report.

 Treasurer’s Report.

 The Treasurer informed the meeting that the cash holding of the Entidad was €2028.46 made up by cash in hand (€1518.24), deposit account (€202.02 ), current account (€308.20).

He went on to say that in 2007/2008, 73 households had paid their subscriptions whilst 27 had not, but proposed that the present level of yearly subscription of €30 per household be maintained.

 President’s Report.

The President firstly mentioned an outstanding reference from the 2007 A.G.M. when the Committee was charged with the pursuit and recovery of unpaid subscriptions in 2006/2007 by legal means if necessary.   The President informed the meeting that :-

1.         Letters were sent out to non-payers in December 2007 and again in February 2008 with no positive responses.  

2.                   In April, the Mayor was asked to write to them mentioning the Spanish Law of Horizontal Division and Article 69 of the Regulations on Urban Management.   His letters were ignored.

3.                   Meanwhile legal advice was being sought in respect of the Entidad and its power to raise subscriptions.  

4.                   After an inspection of our Articles of Association and Formation written in 1984, the Committee has been legally advised that it is not an organisation empowered with rights of collection of money and certainly no powers of recovery against defaulters.

5.                   Pursuit by legal means would be both costly and meaningless and therefore it would not be possible to carry out the membership’s request to recover unpaid subscriptions.

The President expressed the view that the Committee felt it necessary to continue as an association of residents with each household paying an annual subscription and to be administered much as now.   He said, however, that possibly a third, or perhaps more, of residents might not pay if they did not have to, but thought that the majority would be unconcerned even though non-payers would benefit from any improvements made.

At this point the Treasurer emphasized that it did not matter too much if certain people did not wish to contribute.   He said that he, and many others similarly disposed, would willingly pay towards maintaining a pleasing environment for everyone living in El Capso.   He continued that such an arrangement would make El Capsó a nicer place in which to live and that continual maintenance and small improvements would enhance any re-sale opportunities when appropriate.   These comments proved to be well received.

The President then re-introduced the question of an annual subscription of €30 per household and asked for a vote to be taken on the continuation of the Entidad, together with the proposed subscription level.   The proposal was overwhelmingly approved by a show of hands.

2008/2009 Action Plan.

The President reminded the meeting that approximately €2000 was currently available and that it might be prudent to leave that alone for emergencies and fund any proposals for 2008/2009 from subscriptions expected, but yet to be received.   He surmised that if two thirds of households paid €30, then €2010 would be realised.   He proposed an action plan of 16 items (a list was given to attendees prior to the meeting and it is reproduced below) with an estimated cost of €1880 and asked for approval to the plan in its entirety and the estimated expenditure during 2008/2009.   The proposal was overwhelmingly approved by a show of hands.

Election of new members of the Committee.

It was agreed that Graham Scutt (Secretary), Colin Spencer (Treasurer) and Janet Powell (Member) would stand down in 2008/2009 leaving three remaining committee members.   Nominations were asked for to fill the roles of Secretary, Treasurer and Member.   No nominations were received and the President stated that he would pursue the matter after the meeting.

Any Other Business.

There was a question from the floor regarding the ownership of the open site surrounding the basura.   Apparently, two families have been left the land in a recently published will.   It has become known that the deceased had not paid any taxes on the land since the 1960’s and as a result, according to the Town Hall, the land has passed into public ownership and will remain as an open space.   The mayor is currently looking into the matter but expects no change to the present state.

The issue of mains drainage was mentioned from the floor.   The President promised to raise this at the next committee meeting and to expedite the matter with the Mayor within two months.

Patrick Scully asked if he could address the meeting.   Patrick thanked all those neighbours and friends that had helped him and his wife Joan through his recent operation and the recuperation that followed.  

Meeting closed at 7.40 pm.

Subsequent to the A.G.M.

Immediately after the A.G.M. on 24 November 2008, Les Asquith put his name forward as a member of the Entidad Committee for one year and therefore a quorum had been established.   Soon thereafter Jim O’Rourke offered his services if a quorum had not been reached and further offered his services in the event of any future shortage of members.   Both are thanked for their willingness to come forward.

The Entidad Committee for 2008/2009 (until the 2009 A.G.M.) is :-

Babs Coleman, Teresa Knowles, Les Asquith and Peter Widdop.

The new Committee would like to thank the outgoing Committee members; Janet Powell, Graham Scutt and Colin Spencer for all their help and efforts over the last year.

The new Committee met on 19 December 2008 and resolved to carry out all those items listed in the action plan before the A.G.M. in 2009.

Not a great deal may be done before a meeting takes place with the Mayor on either 12 or 13 January 2009.   On the agenda will be items 1, 3, 7, 8, 10, 11, 12, and 13 from the action plan, plus mains drainage for El Capsó and the proper reinstatement of trenches on land opposite the quemador.

Two matters were raised where immediate action may be taken:-

1.                  Les Asquith will liaise more closely with Barry Sylvestre in the future to ensure better value for residents.   If members wish to point out any need for Barry’s work, please inform Les Asquith.   For Barry’s list of duties, see item 2 in the action plan.

2.         A means of providing a light in the buzón will be investigated.

Although it is now not mandatory for residents to contribute to Entidad funds, it is hoped that as many as possible will continue to do so for all the reasons mentioned during the President’s report at the recent A.G.M.   Please give or send your €30 to Babs Coleman, who now heads the El Capsó exchequer, to either 30 Calle Penyes Roges or to Buzon 130.   Babs will issue a receipt in due course.   Cash is preferred as cheques incur a small bank charge.

Would all new residents who have recently moved to El Capsó and would like to know more about the urbanisation, please contact a member of the Committee and provide contact details and email address.   Also, find out more from our website, www.elcapso.com.