PORLOCK RECREATION GROUND

Transcription

1 PORLOCK RECREATION GROUND Charity number: (the CIO ) Minutes of a CIO trustee meeting held 4 th September 2018 at The Pavilion, Porlock Recreation Ground, Porlock, TA24 8QJ, after the Annual Community Meeting Trustees Present: Russell Vowles (Chair), Jane Thicknesse (Secretary), YoungSook Joh (Treasurer), Nic Vowles, Ivor Jones, Terry Gable, Ross Addicott, Ian Fraser Volunteers Present: Jane MacEwan Trustee nominees elected at the ACM: Daniel Lynam, Nora Maw, Duncan McCanlis, Anna Toeman 1. Introduction of new trustees and volunteers The four successful nominees who were voted on to the committee at the ACM were congratulated and welcomed. Jane MacEwan was introduced to those present as a volunteer - she is interested in helping with next year s Country Fair and linking the Rec more strongly with tourism in Porlock. She has experience with environmental matters, event management and hotel inspections. 2. Formal appointment of new trustees RESOLUTION: The Chair proposed that Ian Fraser (Cricket Club Representative), Ross Addicott (Porlock Football Club Representative) and those elected at the 4 th Sep ACM - Anna Toeman, Nora Maw, Danny Lynam and Duncan McCanlis - are appointed as trustees. AGREED nem.con 3. Appointment of Chair, Secretary and Treasurer RESOLUTION: Ivor Jones proposed Russell Vowles as Chair, seconded by Ian Fraser AGREED nem.con Russell accepted the position of Chair, whilst explaining to all that last year he agreed to serve in this role until the first CIO ACM had taken place. At that time the committee was dealing with some complex issues to do with transfer to the CIO and community concerns relating to that. Some of this complexity remains, hence he agreed to continue in this role, but made the committee aware that at some point in the coming months, and certainly before next year s ACM, he will need to step down due to other commitments. RESOLUTION: Russell Vowles proposed Jane Thicknesse as Secretary, seconded by YoungSook Joh AGREED nem.con It was explained to new trustees that soon it would make sense for another trustee to take over from Jane in this role but in the context of outstanding legal work relating to the old charity it is less complicated for Jane to remain as Secretary until this work is complete the committee agreed and thanked Jane for her continuing support and work for the Recreation Ground. RESOLUTION: Russell Vowles proposed Anna Toeman as Treasurer, seconded by YoungSook Joh AGREED nem.con YoungSook and Anna will work together on the handover of the Treasurer s work over the coming weeks. YS remains as a signatory on the bank accounts until the handover is complete. 4. Notice, Quorum and Conflicts a) The Chair reported that notice of the meeting had been given to the trustees at the meeting of 10 th July and that the quorum of 3 trustees necessary for a meeting of the trustees was present. b) The trustees declared all interests in the business of the meeting in compliance with the provisions of the CIO s Constitution and in accordance with section 222 Charities Act As such, Russell Vowles, Jane Thicknesse, YoungSook Joh, Nic Vowles, Terry Gable, and Ivor Jones declared an interest in the charity Recreation Ground Charity No Correspondence i. A letter was received from Porlock Parish Council, congratulating the committee and volunteers for organising and executing a wonderful Country Fair on 5 th August. The PPC thanked the committee for helping to make Porlock a wonderful village. ii. Lis Lewis, a village resident, ed a comment that the ACM was not sufficiently well-publicised. Russell replied giving the list of approx. 9 locations where the notices had been displayed around the village since 18 th July, as well as on the website ( Additionally, an was sent to all those who requested updates at last year s June meeting, and Lis was included on that list. She seemed happy with this reply. Jane MacEwan Page 1

2 suggested that we consider putting a notice in the local newspaper before the next ACM this was not agreed by the committee at this stage. iii. A letter was received from Mrs Maureen Hudson on behalf of The Musgrove Leukaemic Group Somerset, thanking us for the use of the Rec for the Scuddy Memorial football match held during August. The match raised around 800. The Chair asked Ross to congratulate the football club on raising such an amount. Jane M suggested that the committee should consider having a Benefactors board or similar to record this type of fundraising. iv. Mr Hugh Rigg sent a letter thanking members of the committee for their efforts to help him organise a helicopter flight/landing from the Rec. Eventually, the CAA refused permission for the flight, but Mr Rigg wished to pass on his thanks along with a generous donation to Rec funds which was very much appreciated. 6. Minutes of the meeting held Wednesday 10 th July 2018 There were no amendments to the minutes and they were approved by the committee and signed by the Chair as a true and accurate record. Matters arising: i. ENP has agreed to visit the dog field and will report back if they find that there is still knotweed. Terry and Andy Woodcock are both confident that it is no longer on the site. ii. Tree Management Report Sam Sheasby has been in touch with Nic to say that he has visited the Rec again and now needs to complete the report, which should be soon. iii. Terry reported that the sanding down and coat of thick paint applied on top of the textured paint in the changing rooms has solved the problem with the mop - cheers of joy resounded! The Chair will pass on thanks to Keith Green. MOTION TO ADJOURN At 21:25, the Chair motioned that, considering the late hour, we adjourn this meeting to a later date as there are still a number of agenda items to discuss. AGREED nem.con Meeting was adjourned until 6.30pm Tuesday 11 th September, in the Pavilion. Page 2

3 PORLOCK RECREATION GROUND Charity number: (the CIO ) Minutes of a CIO trustee meeting held 11 th September 2018 at The Pavilion, Porlock Recreation Ground, Porlock, TA24 8QJ (continuing the meeting adjourned on 4 th September) Trustees Present: Russell Vowles (Chair), YoungSook Joh, Ivor Jones, Terry Gable, Ross Addicott, Anna Toeman, Duncan McCanlis, Ian Fraser, Nora Maw, Nic Vowles Volunteers Present: Jane MacEwan Apologies: Jane Thicknesse, Danny Lynam 7. Legal and organisational update a) Transfer to the CIO i. Bank account The Chair reported that the new Cooperative Bank account is now active. YS is currently sorting out paperwork allowing Anna to be a signatory to the account and they will migrate everything across to the new account asap. From now on, the Coop account details should be used in preference to the TSB ones this is especially relevant to Ivor when he sends out booking forms for Country Fair ii. Land related legal issues The Chair explained that although Charity (the old, unincorporated Recreation Ground Charity) is the owner of the land comprising the Rec, the charity s unincorporated status meant that historically the title documents for the land had to be held by a Custodian Trustee (Porlock Parish Council) on behalf of that charity. The meaning of Custodian Trustee status and the rights it confers have often been misunderstood. In law, no rights of management or decision making relating to the land are conferred to the Custodian Trustee (Parish Council) and now that the CIO has been incorporated, the restriction on holding the title to land no longer applies. Given this, and the need to dissolve the old charity, last year the Charity and Parish Council (initially in talks with Mike Lynch and later Russell & Jane) agreed in principle that it made sense for the land to now be registered directly to the CIO. Charity may then be dissolved with no confusing loose ends left behind. This should have be a straightforward matter, which the PPC s solicitor originally estimated would cost c. 700 in fees to complete. After months of waiting, on 24 th April The Charity Commission issued a Section 105 order permitting the Trustees to transfer assets and liabilities from the old charity to the CIO. Shortly after (10 th May) the Parish Council met, and agreed to instruct their solicitor to proceed. Sadly the PPC solicitor has been slow to respond with anything relevant to the matter in hand. Weeks have passed and we are no further forward. The situation is very frustrating and has taken a lot of both Russell and Jane s time. Following a meeting between the PPC and their solicitor on 22 August, their solicitor promised a report/list of their concerns/questions. As far as we are aware, this report/list has not materialised it has not been shared with us if it has been supplied to the PPC. On Friday 7 th September, an was sent directly to our solicitor by the PPC solicitor (despite our many requests that they should not contact our solicitor without first contacting us). The asked "I have a simple question for you. What is it that are hoping to achieve by the transfer of the land to the CIO?" [sic] This question has been answered already on many occasions and could have been answered easily by all those closely involved. It is not a legal question so ideally should not have been passed to our lawyers. Russell summarised the reply from our lawyer. For the record this is reproduced below in its entirety: The land has been held by the Parish Council as Custodian Trustee by virtue of a historic constitution with reference to the Public Trustee Act The reason for this was administrative, given that the charity was unincorporated and could not hold land in its own name. Page 3

4 Where a charity is incorporated, it is more streamlined (and the standard position) for it to hold its own land (whether as part of its general corporate property or, as would be the case here because the land is permanent endowment, as trustee). Now that the charity has become a CIO the reason for the Parish Council to act as Custodian Trustee is no longer relevant. As such it is good practice for the position to be updated. Moreover, by incorporating as a CIO, the charity has reviewed and revised its structure and governance. Given that there is now no need for the Parish Council to continue as Custodian Trustee and that the basis for this refers to historic documents, it makes good sense to transfer the land in order to consolidate the charity s governance. As mentioned, the land is permanent endowment and is therefore restricted in its use. It is further protected in that it would continue to be held subject to the charity s objects. There is therefore no danger that the use of the land could be changed as a result of transfer of the legal title to the charity. We should be very grateful if you would clarify your concerns by listing the complications envisaged. We anticipate the transfer to be straightforward, involving two simple documents and would be pleased to discuss the requirements if helpful. The new trustees all expressed shock at the situation and lack of action from PPC s solicitor so far and various suggestions were made as to how things could be resolved or moved on. Most of these suggestions have already been tried over the past 19 weeks. Duncan suggested that the committee should request that this is added as an agenda item to the next PPC meeting to ensure that it is discussed by the councillors, which most on the committee agreed would be worth trying. Russell will also attempt to speak to the PPC Chairman once he returns from holiday, prior to the next PPC meeting on 10 th October. Russell pointed out that it is clear that there will be additional legal fees relating to the PPC s solicitor directly contacting Stone King and no doubt follow-up from this. Sadly we don t know exact costs as the situation is ongoing. Trustees agreed that we have no choice and will have to pay for this. Russell pointed out that (for reasons of cost) he had again asked the PC Clerk to request that their solicitor should in the first instance correspond with the Charity (i.e. Jane & Russell) rather than Stone King. 8. Improvements and maintenance a) Children s Play Area Fence The Chair stated that we now have 3 quotes for replacing the CPA fencing with RoSPA-approved bow-top galvanised steel fence. A separate document itemising these quotes was supplied to trustees. The options and which supplier would be preferred (likely to be Jacksons, based on response time and price) were discussed. Nora and Ross both questioned if timber fencing had been considered and if it had been dismissed as an option. The Chair explained that it had but that the committee previously decided to get quotes for galvanised fencing, based on the perceived longevity of it and the similar cost of a timber fence to meet the RoSPA specification. However, if there was a strong preference for timber from the larger committee, there would be no objection to further costs being sourced for that. Russell noted there is a 6 week lead time on supply of the (galvanised) fence. ACTION: Ross will investigate timber fence options that are RoSPA approved and get some comparative quotes. Russell will supply him with the details of fence length, research so far etc. DECISION: Delay making a decision on type and supplier of fence until timber has been investigated further. b) MUGA and Tennis Courts The Chair has attempted over the past few months to get quotes for resurfacing both the Tennis Court and MUGA at the same time. A separate document itemising these quotes was supplied to trustees. After discussion it was decided that the preferred option was to replace the existing (tarmac) surface like-for-like, with the addition of a raised concrete edge to avoid a feathered slope at the edges of the new surface. One supplier who looked at the fencing gave the pragmatic advice that the fence and posts are still in good shape and do not need to be replaced, although a coat of paint would improve appearance and longevity. The MUGA boards also need to be replaced. Page 4

5 Tony Pinnington, who has been helping with this and possible grant funding, has spoken to the Village Hall maintenance team who have kindly offered to clean and paint the fence posts. They have also asked if there are any volunteers to help them do this none of the trustees present were currently able to commit to this, but all agreed to see if they or anyone else they knew could assist going forward. RESOLUTION: To thank the VH team for their offer of assistance and also to pay for any paint and equipment that they need to purchase for this purpose. AGREED nem.con Regarding board replacement, West Country Blacksmiths previously mentioned a product called buffalo board, which they recommended as a good option. First Serve quoted 8220 inc VAT for marine ply boards, unpainted, to be supplied and fitted. RESOLUTION: Based on the figures and quote supplied, that we should place an order with First Serve for resurfacing work to the tennis courts and MUGA in order to maintain them as part of the Recreation Ground s existing facilities. AGREED nem.con ACTION: YS to follow up with Courtstall to request a refund of the c deposit paid to them last year for the court surface repainting work that is no longer possible. The Chair noted that it is imperative that this work must all be completed without impacting the corporate sports event taking place on the Rec in June If the timing means there is a possibility that the courts will be out of action then the work will have to be delayed until after the event has happened. Nora and YS both suggested that there should be a sign on the Tennis Court and MUGA requesting that studded boots are not worn in the area. ACTION: Nic to get new sign printed for entrance to courts. 9) Defibrillator The Chair provided revised costs for the defibrillator which was discussed at a previous meeting Miles Robertson who arranged the other defibrillators within the village gave the installation and supply cost at 3279, with a further 100 pa maintenance fee, to be coordinated with Porlock Vale Community Association. Given the cost, both Nora and Anna felt that other options such as leasing or possibly free supply should be considered. All agreed. ACTION: Nora and Anna to investigate alternative costs for a suitable outdoor defibrillator set up, including heated cabinet, installation and maintenance. 10. CPA safety training and inspections Danny is booked on to the RoSPA safety inspection course on 21 st November in Exeter he will attend the course and also take the examination. The RoSPA safety report has been received and reviewed by Russell and Danny. Copies were passed around the meeting. There are no High Risk items this year, although there are a number of Medium Risk issues highlighted which need further investigation. Danny and Russell will itemise and recommend what can be sorted out easily and report on issues that will need a longer-term plan. Terry offered to accompany RV and DL when they inspect the play area ahead of their report. One of the issues highlighted is that the Helter-Skelter fibreglass slide has degraded in a few areas and needs repair. ACTION: Ian Fraser has a contact who he will speak to and get to quote on repair. Anna also has a contact that deals with fibreglass which she will pass on. 11. Investment review The CIO constitution states that the trustees must carry out an annual investment review which will be due in October. The Chair asked if any other trustees would be interested in meeting with Church House to review the Tenax fund and report back to the rest of the trustees. Ian, Duncan, Anna and YS offered to join Russell. ACTION: RV to liaise with trustees and Church House to arrange a meeting in the next month or so. Duncan suggested that another meeting is needed, focussed entirely on our investment strategy and options for the Page 5

6 legacy, as well as deciding what should be done with the 179,000 that was received in May as final payment of the legacy. All agreed that this is something that needs to happen. Date tbd. 12. Any other business We are still awaiting a CF sponsorship payment ACTION: Nic to follow up. YS reported that PFC, CC and the school have all paid their annual fees already. We are awaiting the Bowls Club fee. A request has been passed on from Nick Simpson for an additional two dog poo bins one to be placed at the main gate and one at the far side of the dog field. RESOLUTION: Agreed nem.con 13. Date of Next Meeting The next meeting of the CIO will take on Tuesday 9 th October 2018 at 6:30pm in the Pavilion. 14. Close There was no further business and the Chair declared the meeting closed. Decisions taken between meetings Since the last meeting, the following resolutions were agreed on by the trustees: 24 th July 2018: 1. To ask Tony Pinnington to look at grant funding and help with project management of the CPA fence and court refurbishment projects. RESOLUTION AGREED BY MAJORITY OF TRUSTEES 2. If Tony (or someone else) has time to do it, we look quickly at the feasibility of getting funding towards replacement of the CPA fence, but that we do not delay the fence for weeks or months looking for grant funding. RESOLUTION AGREED BY MAJORITY OF TRUSTEES 7 th August 2018: To give permission to Mr Hugh Rigg for two helicopter landings on the Rec. Permission subject to timing of other activities on the Rec. RESOLUTION AGREED BY A MAJORITY OF TRUSTEES (subject to insurance and pilots licence checks) Signed as a true and accurate record: Russell Vowles Chair of Trustees Date: Page 6