Page | 9
EWHURST PARISH COUNCIL
Minutes of a Meeting of the Parish Council held at St Mark’s Church Room, Northiam Road, Staplecross, on
Thursday 9 February 2012
PRESENT Councillors Brigitte Fifield (Vice Chairman), Jacqui Hyett, Robin Redsull, Anne Reed, John Simmons, Maggie Whitaker, David Young (Chairman)
IN ATTENDANCE Richard Farhall – Parish Clerk; District Councillor Tony Ganly;
5 members of the public
______
The meeting commenced at 7.01pm.
PART A ROUTINE BUSINESS
11.170 APOLOGIES FOR ABSENCE
There were no apologies for absence.
11.171 DISCLOSURES OF INTEREST
Cllr Hyettt personal item 11.183 Member of the Allotments Working Group
and expressed interest in having
an allotment within the Parish
personal item 11.185 Co-ordinator and involved with a number
of the ‘actions’
prejudicial item 11.188 Spouse has expressed interest in using
the facility.
11.172 ADJOURNED SECTION
The Chairman adjourned the meeting for the PCSO, County Council and District Council Reports - and Public Question Time. (See Appendix A)
7.25 The Chairman reconvened the meeting.
11.173 COUNCIL MINUTES (ACCURACY)
RESOLVED 1 To amend the Minutes of the meeting held on 9 January 2012 as
follows:
Page 5, 11.156 Superfast Broadband After ‘Facebook page’ Add ‘Chairman’
Page 8, 11.151d(d) Adjourned section: Public Question Time, final para
Delete ‘the proposed . . . locally.’ Insert ‘under the Localism Act and Devolution of Services that EPC should be mindful of being given opportunities to provide services that the Ewhurst Parish precept could not afford.’
RESOLVED 2 To adopt the amended Minutes of the meeting held on 12 January 2012 as a correct record.
11.174 MATTERS ARISING
Page 2
11.103 Herdman Playing Field – new pavilion, Resolution 1 (setting up a Herdman Playing Field Association) Outstanding.
Page 2
11.103 Herdman Playing Field – new pavilion, Resolution 2 (drafting a basic lease between EPC and the proposed Playing Field Association) Outstanding.
11.104 Council Charities, Resolution (Chairman, Clerk and one other Member meeting to consider the briefing paper) Outstanding.
11.105 Parish Lengthsman, Resolution (drafting recruitment material). Outstanding.
11.124 Staplecross Pavilion Meter (seeking prices for vandal-resistant meter housings) Outstanding. It was agreed that relocating the meter internally was the preferred solution and that to protect EPC’s interests the Council should: advise EDF that the housing had been vandalised on a number of occasions and to invite proposals; seek to ascertain whether – and when – the pavilion would benefit from EDF’s roll out of smart meters. Clerk
11.1289 Allotments (chasing the owners of Quarry Farm) Actioned.
Page 5
11.155(b) Budget 2012-13 – precept RDC had been notified.
11.155(b) Budget 2012-13 (reconsidering at the next meeting) See main agenda item -11.176(b)
11.158 Outside Bodies and Events (discussing purchasing a Jubilee Oak) See main agenda item – 11.182
RESOLVED To bring forward consideration of item 11.180.
11.180 HERDMAN PLAYING FIELD: NEW PAVILION
(a) Contracts
The Clerk advised that, on the subject of tendering, EPC’s current Financial Regulations and Standing Orders were inconsistent: the former required a formal tendering process if the likely value of a contract was £50,000+; whereas, the latter specified £15,001+. NALC’s latest Model Standing Orders suggested as threshold of £60,000. £40,000-£50,000 appeared to be common amongst parishes/towns that had not adopted the new SOs.
The Clerk added that if Members were minded to amend EPC’s SOs notice of a proposal would have to be given at one meeting – to be voted on at the subsequent Council meeting. The Clerk observed that if EPC commissioned work on the pavilion as trustee of the Herdman Bequest charity, strictly speaking EPC’s ‘local council’ obligations would not apply. However, in the interests of accountability and transparency he suggested that, in whatever capacity the EPC was acting, the public would reasonably expect such considerations to be applied.
RESOLVED To give notice, with immediate effect, that at the next Council meeting Members would consider a proposal to amend EPC’s Standing Orders so that the contract value ‘trigger’ for formal tendering would be raised to £30,000. Clerk
(b) Progress Report
On the question of VAT, the Clerk was now minded to recommend that EPC should take advantage of the scheme to zero rate the supply of goods and services for the direct construction of community halls (including sports pavilions). Indirect costs – such as architect fees - were excluded and the building had to be primarily charitable (in use) and run by a registered charity. In practice, this could mean that the Herdman Bequest charity would need to manage the pavilion until the proposed Playing Field/Sports Pavilion Association had secured charitable status. He considered that the advice given by a HMRC officer to another Rother Parish Council that the construction of a pavilion – and lease to a sports association – was a ‘non-business activity’ and that all VAT could be reclaimed was open to challenge. Advice from NALC and other sources confirmed this. Applying to ‘opt to tax’ [charging VAT at standard rate for lettings/hirings in order to create a taxable supply] so as to reclaim VAT on construction was likely to be rejected by HMRC on tax avoidance grounds.
RESOLVED To approve the Project Manager’s suggested course of action in relation to ground works during his period of absence.
11.175 PLANNING APPLICATIONS
a) Current planning applications
There was none to consider.
Cllr Whitaker advised that she had received a number of complaints about a development at Sempstead House that had commenced without planning consent (although an application had just been submitted to the Planning Authority). The Chairman advised that applying for retrospective planning permission remained lawful and no Government appeared to be willing to address what many considered to be an unacceptable practice.
b) Delegated authority
There was none to note.
11.176 FINANCE
(a) Finance Report
RESOLVED 1
To note the receipts and payments for the month of December 2011 as follows:
Receipts (December 2011)
Interest (Co-op current a/c) £6.08
Interest (JHB monthly fixed rate bond) £27.33
£33.41
Payments (December 2011)
R Farhall – December 2011 salary £531.69
Post Office Ltd (HMRC a/c) £155.75
R Farhall – December 2011 expenses £33.28
Victim Support (Sussex) – grant (agreed 8.12.11) £50.00
Ewhurst PCC – hire of St Marks (Jan 2011-Dec 2011) £108.00
Robin Hardes – benches and slabs installation £490.00
Rother Voluntary Action – Herdman Pavilion consultation, business
Plan and funding application support £500.00
East Sussex County Council – replacement grit bin £205.00
EDF Energy Customers – Staplecross Pavilion (incl £1.39 VAT) £29.18
£2,102.90
RESOLVED 2 To receive and adopt the bank reconciliation as at 31 December 2011.
RESOLVED 3 To receive and adopt the Budget Monitor as at 31 December 2011.
RESOLVED 4 To receive and adopt the Earmarked Reserves Statement
as at 31 December 2011.
RESOLVED 5 To note the account balances, to 31 December 2011, as follows:
Co-op current account £37,889.60
Julian Hodge Bank Fixed Rate bond £50,298.22
£88,187.82
Barclays - Herdman Bequest a/c balance (unreconciled) £21,696.65
RESOLVED 6 To approve the payments following:
R Farhall – January 2012 salary £542.55
Post Office Ltd (HMRC a/c) £163.33
R Farhall – December 2011 expenses £71.91
Action in Rural Sussex – Broadband Briefing (Cllr Young) (incl £4.00 VAT) £20.00
Andrew Mayell – waste bin emptying April 2011-Dec 2011 £720.00
Hedleys – WI land disposal [WI to reimburse] (incl £90 VAT) £615.00
CE Access Ltd – Herdman Pavilion access appraisal £100.00
£2,232.79
(b) Draft Budget 2012-13
RESOLVED To adopt the Draft Budget 2012-13.
11.177 PARISH MAINTENANCE TEAM
Members were invited to identify suitable highways-related tasks for the Team to undertake in 2012.
RESOLVED To request that the tasks following be undertaken:
(a) Clean village name signs
(b) Continue to ‘side’ Northiam Road (especially in the vicinity of Boyce’s)
(c) Repairing/Re-filling the surface where the path meets the carriageway – footpath to Sempstead Lane, just NE of the White Dog [requested in 2011].
11.178 OUTSIDE BODIES AND EVENTS for information
There were no reports.
11.179 DATE OF NEXT MEETING
RESOLVED To note the date of the next meeting: Thursday 8 March 2012, 7pm.
PART B SPECIAL BUSINESS
11.181 ROTHER STANDARDS COMMITTEE PROCEDURES
At the last Council meeting Cllr Ganly had been asked to investigate two examples of ‘complained about’ Members not initially being given an indication of the nature of the complaints – as well as each Member not receiving apologies for these omissions directly.
Cllr Ganly advised that the Monitoring Officer had apologised for this omission directly to the Members concerned.
11.182 DIAMOND JUBILEE
Members considered whether to purchase a commemorative Jubilee Oak (£41.32 + VAT) and an associated bronze plaque (£50 + VAT + fittings).
RESOLVED 1 To plant a tree within the Parish to commemorate the Queen’s Diamond Jubilee.
RESOLVED 2 To invite Members to give further consideration to the species to be planted – and the location. all
11.183 ALLOTMENTS
The Clerk advised that he had written again to John Eastwood of Quarry Farm.
RESOLVED To accept Cllr Fifield’s offer to discuss the Parish’s requirement for allotment land with Mr Eastwood directly. Cllr Fifield
11.184 NEW PLAY EQUIPMENT
Cllr Reed reported that the Play Facilities Working Group had met recently to consider how to consult across a range of age groups. A consultation event would be held at the Village Hall late April/early May on a Saturday morning. The Group was seeking advice on how to engage with younger people age 12 upwards.
The Working Group was due to meet again on 15 February.
11.185 LOCAL ACTION PLAN
The LAP Co-ordinator, Cllr Hyett advised that yoga classes had been suspended pending an improved publicity campaign (for which funding had been obtained).
11.186 EXCLUSION OF THE PUBLIC AND PRESS
RESOLVED In accordance with the Public Bodies (Admissions to Meetings) Act 1960 (1)(2): to exclude members of the public and press on the grounds that item 11.187 entails discussion on the Clerk’s terms and conditions of employment and item 11.188 involved consideration of the award of a form of a contract.
11.187 STAFF RETIREMENT PLANNING
Members considered a briefing paper prepared by the Chairman and Clerk.
RESOLVED 1 That the Council notes that the Local Government Pension Scheme (LGPS) current actuarial employer’s contribution rates are: 2011-12 – 18.9%; 2012-13 – 19.3 %; and 2013-14 – 19.6%.
RESOLVED 2 That the Council resolves to join the LGPS, with effect from 1 February 2012, and that all members of staff shall be eligible to join.
RESOLVED 3 That the Council notes that the current Clerk [Richard Farhall] wishes to join the LGPS, via the Ewhurst Parish Council’s corporate membership, with effect from 1 February 2012.
RESOLVED 4 That clause 19 of the current Clerk’s Contract of Employment be amended as follows:
To delete The Council will make provision for the payment of a gratuity in accordance with the Local Government (Discretionary Payments) Regulations 1996 SI 1680, irrespective of whether they are subsequently repealed, either in whole or part.
and to insert: With effect from 1 February 2012 Ewhurst Parish Council is a member of the Local Government Pension Scheme – a contributory pension scheme – which you are entitled to join.
RESOLVED 5 That, in recognition that the current Clerk will be relinquishing his contractual entitlement to a retirement gratuity – and the value of that entitlement accumulated to date - the Council funds his LGPS employee contributions for the period 1 February 2012 to 31 March 2014 only.
Cllr Hyett re-stated her prejudicial interest in the item following and left the room.
11.188 FORMER WI BRICK HUT
Members considered two proposals from parties interested in utilising the building for storage: Ewhurst & Staplecross Bonfire Society and InsideOut Property Maintenance. Members discussed which of the two proposals, if accepted, would be in the best interests of the Parish.
PROPOSAL That the hut be made available to Ewhurst & Staplecross Bonfire Society.
For: 4 Against: 0
CARRIED
The meeting ended at 8.24pm
Date ……………………………… Chairman ………………………………………
APPENDIX A
11.172 ADJOURNED SECTION
(a) PCSO Report
PCSO Georghiou advised that it was suspected that younger people from Robertsbridge had damaged the roof of the Staplecross bus shelter.
Scaffold poles had been stolen from Quarry Farm – probably for scrap metal – and a number of people are under suspicion.
He was on leave for 12 days from 9 February.
PCSO Georghiou was hoping to run a Road Safety Week in Sedlescombe, explaining that traffic issues (often speed) were a common concern in communities. The Chairman flagged up Staplecross MCP School – with its poor sight lines – as being a particular safety concern within the Parish
(b) County Council Report
Cllr Jones was not present and no written report had been submitted. It was noted that Cllr Jones had not attended – nor provided written reports for - two consecutive meetings. Clerk
(c) District Council Report
Adverse weather – waste collection Cllr Ganly reported that RDC advice was that those whose bins had not been emptied should leave them out – all bins should be emptied by the end of the week. Some green waste bins had not been emptied because of a problem with one of the vehicles.
(d) Pubic Question Time
Larry Hyett observed that, at the EPC meeting of 8 December 2011, he had not been allowed, at the appropriate time, to ask the Chairman questions on the subject of complaints against Councillors. He subsequently wrote to RDC’s Monitoring Officer and, as a matter of courtesy, copied it to Cllr Young. Unfortunately, the Monitoring Officer had been unable to assist with his questions. He was therefore asking the Chairman again to respond to the questions asked in his email of 14 December 2011 (see Appendix B for content).
The Chairman responded that:
· He had formed the view that it was appropriate to avoid getting involved in Mr Hyett’s complaint about him – unless invited to contribute by the Monitoring Officer.
· The appropriate place for members of the public to contribute during Council meetings is during the adjournment. Contributions at other times are at the Chairman’s discretion.
· After taking advice from the Clerk, he had advised the member of the public who had [mistakenly] identified Cllr Hyett to take up her complaint with the Monitoring Officer. At no point had he reported Cllr Hyett to the Monitoring Officer.