120 MINUTES of Wing Parish Council Meeting held on Wednesday 27 th July 2016 held in the Village Hall. 09/16 Attendance Register: Cllr s Tulloch (chair), Clark, Curley, Dejardin, Newsham, Seviour & Spooner, County Councillor Edward Baines Seven members of the public 10/16 Apologies for Absence: All present 11/16 To approve the minutes of the meeting held on Wednesday 25 th May 2016: Proposed by Cllr Spooner, seconded by Cllr Tulloch, that the minutes were a true record of the meeting. Unanimously agreed. 12/16 Clerk and Councillor s reports: The clerk reported that Cory Environmental had allocated 3000 towards the renewal of the children s play equipment on the recreation ground. This is subject to confirmation by Entrust. The total raised to date will be 13,000. There is an application pending with Augeon for 4,500; the decision will be made in the middle of August. Should Wing PC be successful 11% of the Augeon award will need to be paid to Entrust as previously for securing the 10,000. A revised quotation for the agreed Playdale equipment had been received from Playforce who will be installing the swings and multi-play unit. It was suggested that the original multi-play unit could be sold on Ebay. Should funding fall short of the 16,950 required then consideration could be given to dismantling the existing equipment locally. Confirmation had been received from Rutland County Council, that the long awaited repair to the water egress in Church Street will be carried out during the middle of August. Cllr Newsham suggested, that a notice to this effect be put near the leak. it was decided that as there was a resident of Church Street attending this meeting word of mouth would suffice. Cllr Tulloch reported that some tree work was required outside the Anglian Water works on Morcott Road, The Clerk will send a letter to Anglian Water s maintenance department. 13/16 Democratic ten minutes. An opportunity for members of the public to speak: Angus Strong raised three points: 1. Would council consider having a working party to clear the detritus in the church yard. Cllr Clark responded by advising that the PCC were aware of the problem but did not intend to clear the area until the tree recently given planning permission was felled. 2. Referring to agenda item 13a & 13d to contact the Post Office/Royal Mail for advice in relocating the post box. 3. Is defibrillator data reported to council as he had not seen any mention of it in the minutes recently? Cllr Newsham advised that she checked the defibrillator regularly as required and reported it to Community Heartbeat.org.. Currently the website was being updated and
reports were not being sent to council. This will be addressed shortly. 121 Mick Rodger asked if the new play equipment carried a warranty and insured by the supplier. Playforce will provide warranties and guarantees on all products as the following; 30-year guarantee - Structural strength of steel and stainless steel components 15-year guarantee - Structural failure of steel and stainless steel, for dynamic equipment 10-year guarantee - Structural failure of high density polyethylene components 5 years guarantee - Corrosion on stainless steel and hot dip galvanised and powder coated components 5-year guarantee - Defects in braided nylon ropes, nets & surfacing 3-year guarantee On galvanised and powder coated components 2-year guarantee - All remaining components not covered above The equipment insurance will be covered by council s policy as is the existing play equipment. Ann Thompson reminded council that the marked pot hole in Reeves Lane had still not been attended to. The Clerk will bring this to the attention of Rutland County Council. John Hackett asked about the maintenance of recreation ground and equipment? The Parish Council is responsible for grass cutting, seats, play equipment. Insurance etc. the cost of which is met from the precept. Clarification was also required about the boundary of both the village hall and recreation ground. The clerk will endeavour to obtain copies of the title deeds. 14/16 To receive confirmation from Daltons Solicitors that the title for the allotments has been registered. Title will become absolute in twelve years providing it is not contested: Information received by members; a letter of thanks had been sent to Daltons. 15/16 Accounts circulated with the agenda: Received by members and noted that the invoice for the SID had not been received to date from Rutland County Council. (Attached to these minutes). 16/16 To consider action relating to the damage to trees, verges and vegetation in the Old Hall, Top Street: Council were very concerned about the damage to the trees and vegetation in the Old Hall premises. It was suggested, that the conservation officer at Rutland County Council be advised. As this was now under police investigation, members agreed, no further action at this time. 17/16 Consider the inspection report from The Play Inspection Company Ltd: A very comprehensive report had been received but as the play equipment is due to be replaced shortly to note the content and keep on file. 18/16 To consider undertaking a Wing Neighbourhood Plan: Members agreed, that a leaflet be sent to all residences in Wing giving details about a Neighbourhood Plan to assess the interest. If there is enough enthusiasm, then Pilton and Lyndon would be asked if they are
122 interested in becoming part of the plan. 19/16. To receive the minutes and accounts of the Village Hall management committee and consider resulting actions: Cllr Seviour had prepared a report for discussion for which he was thanked. (Report attached to these minutes). Proposed by Cllr Seviour, seconded by Cllr Clark, that a meeting be convened with Sally Cox, chair of the Village Hall Management committee and two other members of the committee as recommended by the chair, together with Cllr s Seviour, Spooner and Tulloch. Also that 15 minutes prior to council meetings for a Village Hall trustees meeting. Unanimously agreed. 20/16. To consider the following suggestions from a Wing resident:. a. At present, the PC notice board is attached to the side of what is my sister's house. The house is likely to be sold later in the year and I think it is time the box is re-sited. My suggestion would be to attach it to the outside wall of the bus shelter that is opposite to Cuckoo Cottage. - I have measured box and wall and there is room. Members agreed that the notice board be transferred to the bus shelter. b. A few years ago I contacted the RCC regarding the litter bins and they did update them and added an extra one. I recently contacted them again on the same subject and they tell me that they have to hear from the PC rather than an individual. Around where I live there are 4 bins one of which is attached on the wall next to the PC box. A litter bin is desperately needed near the bus shelter on Morcott road so it could be re-sited there? When the Hogarths lived in the village Richard put a dustbin near the maze and used to empty it. Since he left no-one has been emptying until recently when Ros King has done it. I think the council ought to replace the dustbin with a litter bin and be responsible for emptying it. Proposed by Cllr Spooner, seconded by Cllr Dejardin, that a bin be purchased through Rutland County Council at an approximate cost of 150. Unanimously agreed. There is a redundant waste bin in Reeves Lane: members suggested this bin is transferred to the bus shelter. The Clerk will consult with Rutland County Council. c. Cutting of the grass verges. Not sure if councillors have noticed how the grass has been hacked this year but after it has been cut it looks a mess. Parts are missed and this is not just where bulbs have grown. The lads who do it just seem to want to get the hacking done as quickly as possible and have no pride in the job at all! Last time it was done the mower went past our house with one lad hanging on the back one handed whilst holding the blower in the other hand to clear the clippings off the road! Health and Safety??? The clerk was requested to inform Rutland County Council of the concerns raised.
d. I have been searching to see if I could find who to contact in order to move the mail box, that is by the PC notice board, but have drawn a blank have you any suggestions? 123 The clerk was requested to contact Royal Mail/Post Office for advise with a view to relocate the post box. 21/16 To consider the anomalies arising in the Community centre insurance and Council insurance as report attached to this agenda: Cllr Seviour had prepared an excellent report for discussion by council. (Attached to these minutes). It was agreed, that copy insurance documents be given to John Hackett who has experience of insurance matters. Members agreed that Cllr Seviour liaises with John and brings the results to council. 22/16. The parking bay extension westwards towards the Village Hall access road recommendations; I. That the whole parking bay, once extended, should have work incorporated to provide three breaks at finished pavement height into the line of the bay at right angles from the pavement and equidistant along the bay in order to provide just sufficient space to incorporate three silver birch trees and hence provide green breaks along what will otherwise be an extensive area of tarmac; ii.. That the current footpath adjacent to the existing parking bay should be extended westwards along its current line adjacent to the new parking bay extension as far as the Village Hall; iii.. That the green area that will remain between the new footpath and the front curtilage of the flats at the western end of the new parking bay and footpath extension should be used as the relocation point for the current Children s Playground sign, thus giving the sign appropriate location, clear visibility by approaching traffic, and coincidentally preventing parking on that remaining verge ; The above treatment should then not only provide better, safer, and more appropriate parking facilities but also improve the environmental quality of the streetscape for all village residents. Members agreed, that a consultation should take place with Rutland County Council s Highways department to consider the above as well as safety issues regarding visibility The clerk to arrange a meeting. 23/16 To approve the street lighting up grade schedule from Rutland County Council: Cllr Tulloch had checked the schedule against lights in the village and noted a few errors. Cllr Dejardin was concerned that the attached map did not correspond with the lighting schedule. The clerk will advise Rutland County Council about the anomalies 24/16 Applications for planning permission received in time for the meeting:
124 2016/0666/FUL Demolition of conservatory, single storey extension. 10 Middle Street, Wing, LE15 8RZ. Mr. & Mrs. Wilson; Proposed by Cllr Seviour, seconded by Cllr Dejardin, that this planning application be recommended for approval. Unanimously agreed. 25/16 Any other business: None 26/16. Correspondence: Came & Company Rutland Citizens Advice Bureau RCC Parish Briefing RCC Grass Cutting 27/16 Date of next meeting : 28 th September 2016 Meeting closed at 9.35 pm
Council and its insurance for which the documents are current and cover in date; 1. Regarding Property Insurance there is no reference to the Village Hall but there is reference under the heading Property buildings to 50,000 at bequeathed buildings to what does this refer? There is no reference to the Recreation Field does the 50,000 relate to this? There is appropriate Public & Products Liability cover at 10,000,000, but it isn t clear (to me at least) whether this relates to the Village Hall, the Recreation Field, or both? There is appropriate Employers Liability cover at 10,000,000, There is cover for contents and equipment how is this defined as between the Parish Council, the Trust, and the Village Hall, - are there separate schedules underpinning the cited values and cover? The specific items listed at the heading Additional cover potentially relating to the latter are other items 5,000, marquee 10,000, outdoor items 5,000, bequeathed property 5,000, refrigerated stock 5,000, - all suggesting to me that they were derived from a wet finger in the air? Under the heading Premises there is specific reference only to Street furniture at 19,000, and Play Equipment at 9,319.65? This leaves the question of the Recreation Field open by omission. At the sub-heading Additional cover under the Premises heading there is reference to Trees, shrubs, and plants at 25,000 this suggests that the Recreation Field is included but it isn t mentioned? There is Officials and Trustees Indemnity in the sum of 500,000 which seems appropriate but this is disassociated from the Village Hall Trust/Management because there is no specific reference to either entity anywhere else within the Policy. 2. Village Hall and its insurance for which the documents are current albeit that the correspondence address needs updating; The Insured are cited as Wing Community Centre Management Committee which suggests that the Trustees are not explicitly covered by this insurance and this, in my view, needs amending? Reference is made in the Summary to the document that there is Trustee Indemnity at 100,000 and again, in my view this needs amending (whether that be for the Management Committee Members, or the Trustees, or preferably for both,) to 500,000.
Employers Liability is included and in my view is appropriate at 10,000,000. Public and Products Liability is included at 5,000,000, and in my view should be increased to 10,000,000. Although I understand the necessity of the Parish Council and the Village Hall Trust each carrying their own Insurance in relation to both Employers Liability and Public Liability, I think that there is some considerable scope for confusion about respective liabilities both between those two bodies and between the Trustees and the Village Hall Management Committee Members. The Village Hall Management Committee, as I understand it, is not a separate legal entity from the Trust, but a body delegated by the Trustees to manage the Village Hall. As such that Committee, in law, doesn t enjoy a legally independent status. If that is the case it cannot be an employer in its own right but simply a manager on the Trust s behalf. In law therefore the Trust is the Employer and it then follows that it is the body that needs Employers Liability Insurance. So my comment is that without knowing precisely what written declarations have been made to the Maven Underwriters about the legal structure of the Village Hall Trust s management structure it s difficult to know whether the Maven Insurance is appropriate and would be active were a case to be brought. Maven might, in extremis, simply deny liability. There appears to be a complete duplication of insurance related to; Capital Additions, Decontamination and Clean up Expenses, Deterioration of Freezer Stock, Fire Brigade Charges and Extinguishing Expenses, Landscaping Costs, Locks Replacement, Metered Utility Charges, Trace & Access, Unauthorised Use of Metered Utilities, together with various items related to Money. Clearly these are all items about one building and cannot be subject to two claims from two separate insurers for the same items. Whether the insurance should be taken out and managed by the Village Hall Management Committee or the Parish Council in their capacity as Trustees of the Village Hall Trust is a separate matter for discussion. Given all of the above mentioned comments, I think the content of this e-mail should feature on the Parish Council July Agenda or more properly, as discussed at the last PC Meeting, at a Trustees Meeting convened before the start of the next Parish Council Meeting. We are in any event due to discuss Sally Cox s letter and enclosures of the 23 rd May regarding the clarification of the Trustees Scheme of delegated powers and responsibilities to the Village Hall Management Committee, and indeed the Charity Commissioners response to your consequential enquiry about the Trust Deed. I hope to give thought to a potential Draft Agreement for the Trustees Scheme in time for the July Agenda and hope that both this e-mail and that might help the discussion.
Follow-up Report & Draft Agreement between Wing Parish Council as sole Trustee of the Wing Village Community Centre and the Wing Community Centre Management Committee, for the management of said Community Centre. Purpose To provide Wing Parish Council Members with a review of Sally Cox s letter and enclosures dated 23 rd May 2016 and to set out a proposed Draft Agreement for execution between the Parish Council (as sole Trustee of the Wing Community Centre) and the Community Centre Management Committee (as the Trust s delegated Agent) for the management of the Community Centre (known locally as the Village Hall). Previous Minute 20/16 : The governance part of the annual return was completed line by line. Proposed by Cllr Seviour seconded by Cllr Spooner, having received documentation relating to the Charity Commission status of the Village Hall, members were confident in completing all sections including section 9 of the governance document. Unanimously agreed. 25/5/16 22/16 : Cllr Seviour requested a copy of the policy to compare with the Village Hall policy. 25/5/16 24/16 : Proposed by Cllr Spooner, seconded by Cllr Newsham, that the Charity Commission be approached to consider including the Wing recreation ground within the document for the Village Hall. Unanimously agreed. 25/5/16 Information On the 24th May 2016 Sally Cox, as Chair of the Village Hall Committee, hand delivered to all Wing Parish Councillors a package of information with covering letter about the Village Hall, the Village Hall Committee, and their respective operations, in order to assist the on-going debate about transparency, accountability, and clarity with regard to the respective roles of the Parish Council as sole Trustee and the Village Hall Committee as the delegated operational managers. The package of information contained; Insurance details executed by the Village Hall Committee in the name of the Wing Community Centre Management Committee (thus enabling a comparison of insurance coverage as between the two parties, that is the Parish Council and the Management Committee - as covered elsewhere on this Agenda), a copy of the original Charity Commissioners Scheme for the governance of the Charity known as Wing Community Centre, a Statement of Accounts for the Charity for the Year Ended 31 st March 2016, the Standard Conditions of Hire, and a copy of the Standard Agreement for Hire. The covering letter provided further information on operations, together with suggestions about better communication between the two parties, particularly by offering up copies of Management Committee Minutes and Financial Reports on a regular basis. The letter also had an Appendix attached which set out a schedule of responsibilities that the Management Committee believed had been delegated to it through a process of custom and practice. This was cited as posing the potential basis of an agreement between the two parties, thus clarifying the position into the future. The package of information and covering letter whilst very helpful in moving discussions forward was compiled and delivered too late for discussion at the Parish Council Meeting that took place on the 25 th May. It was, however,
agreed that; Parish Council insurance details would be forwarded to Cllr Seviour who had offered to do a comparison of the two sets of insurance in time for the next Parish Council Meeting at the end of July, and that the ongoing question of the Trust and Management Committee s reputed inability within the terms of the existing Trust Scheme Deed to part fund the replacement of the play equipment on the Recreation Field be referred to the Charity Commission for comment as a pre-cursor to potentially seeking an amendment to that Trust Deed. The Parish Council as Trustee has the following headline objectives; 1. To achieve clarity, certainty, and transparency in the operation of Governance in respect of the Wing Community Centre, 2. To have a clear Agreement with the Community Centre s Management Committee which sets out the rights and responsibilities of both parties, 3. To have appropriate, cost effective, and non-duplicated insurance for the Trust, its assets, and their operations, 4. To ensure that the Recreational Field is best placed in terms of ownership and management to best complement educational and recreational activities undertaken through the Community Centre, 5. To enable agreed Trust Funds accumulated through the Community Centre s operations to be legally applied to qualifying facilities and activities carried out on the Recreational Field. To these ends: 1. above is the subject matter of these discussions and this Report, 2. A proposed Draft Agreement is set out below at Appendix I, 3. Is the subject of a separate Report on this Agenda, 4. The Charity Commission have been contacted and their reply suggests that the key lays in the ownership of the Recreational Field, and 5. This will be determined as a consequence of resolving 2. and 4. above. Recommendations That the Parish Council: 1. Continue to pursue the headline objectives as set out above; 2. Discuss and Agree a Draft Agreement as set out at Appendix I for Legal Review and then as the basis of both Charity Commissioners and Community Centre Management Committee consultation prior to implementation. David Seviour Wing Parish Councillor 13/07/16
Appendix I Draft Agreement between Wing Parish Council as Trustee of Wing Community Centre And Wing Community Centre Management Committee For The Governance & Management of Wing Community Centre. Wing Parish Council (herein after referred to as the Trustee ) are the sole Trustee of Wing Community Centre (herein after referred to as the Centre ) as established by a Trust Deed executed by the Charity Commission on the 14 th October 1977. Under the terms of the Trust Deed Scheme which sets out the Trustee s rights and responsibilities the Trustee has related powers amongst which are: 5 (6) Power to make rules and regulations consistent with this scheme for the management of the charity. 5 (7) Power to delegate the performance of any act, including the exercise of any power or discretion to a committee including any two or more members of Wing Parish Council. The trustee may appoint such other members of the committee as it thinks fit. (The trustee must exercise reasonable supervision over the committee and the committee must promptly report their acts and proceedings to the trustee.) In accordance with these provisions the Trustee hereby delegates to the Wing Community Centre Management Committee (herein after referred to as the Management Committee ) and the Management Committee undertakes to discharge the following responsibilities: 1. The Annual General Meeting in accordance with Clause 8 of the Scheme for the avoidance of doubt at least two Members of Wing Parish Council acting for the Trustee must be present at this Meeting for the Meeting to be quorate; 2. Committee Meetings on a regular basis throughout the year which will only be deemed quorate if there are two Parish Councillors present; 3. Management of finance related to the activities of the Community Centre and of the Management Committee, such financial management being reported to the Trustee through Meeting Minutes not less than bimonthly and in the form of Quarterly Management Accounts not less than Quarterly;
4. Hiring out of the Community Centre or parts thereof in accordance with the Trust Deed, and in accordance with Standard Terms of Hire and a Hiring Agreement agreed from time to time by the Trustee; 5. Maintenance of the Community Centre within the context of both day to day items and successive five year plans presented to and approved by the Trustee. For the avoidance of doubt this shall include Fire Certification as required by Statutory Regulations; 6. Licensing of the Community Centre and any performing rights certifications; 7. Maintaining and applying a Health and Safety Policy and a set of procedures which must be available for distribution to the Trustee, staff and users of the Centre; 8. Fund Raising events for the benefit of the Centre and its users; 9. Other powers as referred to in the Trust Deed at Clause 5, sub-clauses 1 to 5 inclusive for the avoidance of doubt matters falling within Clause 5, sub-clauses 6 and 7 must be presented to the Trustee for approval before they may be exercised by the Management Committee; 10. Appointment of non-parish Council Members to the Committee of Management will be made by the Trustee upon the advice and recommendation of the Committee of Management; 11. Making any necessary Statutory and/or Annual Returns to the Charity Commission and HMRC subject to their approval first by the Trustee. Amendments may be made to this Agreement by the Trustee occasioned by statutory changes in which case as much notice as practicable will be given. In other cases of proposed material changes the Trustee will consult over a period of at least three months and implement any resultant changes agreed with the Management Committee as soon as possible thereafter, or if failing to reach agreement with the Management Committee, with not less than three months notice. The Agreement may be terminated by the Trustee at any time if in the opinion of the Trustee, and having received and considered any representations from the Management Committee that the Management Committee is in gross breach of this Agreement or in breach of the Trust Deed. The Management Committee may terminate this Agreement at any time with six months notice and shall thereby cease to be the appointed Agent. Signed Chair Wing Community Centre Management Committee Signed. Chair Wing Parish Council as Trustee Witnessed Clerk Wing Parish Council Date