Meeting Agenda:
Full Council
| Meeting Date: | Monday 28 Oct 2024 |
|---|---|
| Time: | 19:30 |
| Councillors | Jon Aldridge, Angela Baker Vice-Chairwoman, Sarah Compton, Bill Cummings, Michael Gemmell Smith, Carey Jacques, Alan Layland, Margot McArthur, Stuart McGregor, Vince Parker, Angela Read, Michael Stockdale, Jeff Streets, Stephen Sumner, Bob Todd Chairman. |
| Committee: | Full Council |
| Venue: | Rickards Hall. 72a High Street Edenbridge, TN8 5AR Kent |
| Notes: | |
| Summary: |
Agenda
Minutes
The disclosure must include the nature of the interest. If an interest becomes apparent to a member during the course of a meeting that has not been disclosed under this item, the member must immediately disclose it.
Members of the public, and members with prejudicial interests on items on the Agenda, may make representations, answer, ask questions and give evidence at this meeting in respect of items on the Agenda. (This is the only opportunity for members of the public to make a contribution during the meeting.)
Both public and members are limited to three minutes per person to speak and the total time designated for public questions shall not exceed fifteen minutes unless directed by the Chairman of the meeting.
The Finance and Governance Committee (7 and 14 October) received and reviewed the proposed new Financial Regulations which are based on the National Association of Local Councils (NALC) new model regulations (April 2024), and have been adapted where appropriate to include Town Council procedures. Committee has viewed these twice and are satisfied to recommend to Council to adopt the new Financial Regulations.
Committee also reviewed the procurement procedures/levels of expenditure, which had been updated to reflect the new financial regulations and will be appendix to the regulations. Attached (confidential) is the draft version showing the changes. Procurement document is attached separately to papers (as would not load).
Do Members confirm and adopt the new Financial Regulations and procurement procedures/levels of expenditure?
| Confidential Annex Omitted from Papers. |
Committee also noted and confirmed that the Standing Orders procedures for procurement would need to be updated to reflect the increased tendering level from £25k to £30k to reflect The Public Contracts Regulations 2015 and new draft Financial Regulations. Document is attached (confidential) separately to papers (as would not load).
Do Members confirm the updates to the Sanding Orders to reflect the new Financial Regulations - item 18 Financial Controls and procurement items a(v) and c from £25k to £30k?
The Forward Planning Steering Group meets usually only annually, and agreed that its Chair should be appointed for the Council term. Committee recommend to full Council to support this and amend the Terms of Reference accordingly, to: The Chairman of the sub-committee is to be elected by the Committee at the first Committee meeting following the first meeting of the newly elected Council, in accordance with Standing Orders, and be in post for four-years (Council term). Should the Chairman resign from post, their replacement will be elected at the next meeting of the Committee and will hold the post for the remainder of that Council term.
Do Members confirm the recommendation update the FPSG TOR for the Chairman to be appointed 4-yearly in line with a Council term?
At the time of publishing the agenda, details of the appointment are in negotiation, hence the name has been held back for confidentiality. An offer was made on Thursday 18 October and the contract issued week 21 October. A verbal update will be provided at the meeting.
Do Members confirm and ratify the appointment of the new Open Spaces and Administration Officer?
Budgeting: The RFO and I have started to review the income and expenditure and prepare the draft budgets. Committees are being asked to review their spend ready for the Finance committee in November when it will consider Council’s budgets and precept and make recommendation to Council for its December meeting.
Byelaws update: The accompanying report summarising Council's reasons for the updates to the byelaws was submitted recently to Department for Levelling Up, Housing and Communities (DLUHC).
Car parking issues in Council car parks: A meeting of the Parking Working Group to discuss the car parking audits and how to proceed is not forgotten and it is hoped to organise before the end of the year.
Cemeteries: Work continues to ensure the standards of the cemeteries and consistency with the rule book and the memorials. The office continues to monitor, and letters are being sent to the Grant of Right holders where memorials are not compliant. New signage has been drafted and confirmed and quotes from signage companies are awaited. It is hoped this will be in situ by December, and after the Christmas wreaths in mid-January there will be a full audit of the memorials.
Community Infrastructure Levy (CIL): Applications for CIL bids are in the process of being validated. CIL Board meeting is on 25 November. Current funding available is £119,201 (this includes receipt received for £8,635 and interest £2,229).
Grants annual programme: Window for applications is closed; the Grants meeting 25 November. Total grants budget available is £8,000.
Health & Safety Audit: The Buildings Manager/Head Groundsman continues to work through the action points from the July audit; and the fire risk assessment.
Land outside the old Police Station: I have met with the Landowner recently and now awaiting the legal paper which will be forwarded to the Council’s solicitor to confirm before signing.
Market: Promoting the market for Christmas includes: front cover of the Edenbridge magazine, as well as a voucher in the magazine for a Christmas Hamper prize draw; post box for 'letters to Santa'; and Santa and his elves will be at the market on Thursday 19 December. The Market will close for Christmas two weeks until 9 January.
PACT meeting: Monday 21 October. Attended by several agencies and a couple of residents. Cllrs Layland and McArthur attended and will provide a report under agenda item ‘outside bodies’. PACT meetings for 2025 are to be confirmed; SDC are looking at viability of one of the four meetings to be held in the evening.
Pavilion gutters and pipes repaint: The specification to repaint the red gutters and pipe work to match in with the new shutters (pine green) is being finalised ready to obtain quotes .
Pensions: Kent Pensions are moving to a new online system i-Connect which will require some time uploading council employee details.
Planning – Land South of Four Elms Road: The already approved outline planning application (340 dwellings, secondary school and scout hut), is being proposed by the developer for some changes to the site layout and to increase the number of dwellings to 443. Following a public consultation and pre-application advice from SDC, the developer is expected to submit a revised Plan fairly soon.
South & South East In Bloom awards: This year the Council submitted three entries, Cllrs Layland and McArthur attended the awards ceremony at Wisley last month, picking up Gold for Stangrove Park – Parks category; Silver-Gilt for the Cemeteries category; and Silver for the Millennium Wood – conservation category. Details on the website (link below).
Streetlights – Four Elms Road: The new streetlights at Four Elms Road which were installed as part of the new Medical Centre works, are now working.
Tourism and train stations: The Communications officer has designed two posters for each station to promote the market and visitedenbridge. These should be going up fairly soon. They are relatively cheap to produce so can be changed with different themes as needed.
Tourism and new walks leaflets and GPS App access: The Tourism Officer has completed walking all 10 routes, collected the GPS mapping data, new photographs and redrafted the wording. This is now ready for producing suitable maps. We have been in discussion with Ordnance Survey and issues around licences. Cllrs Aldridge and Gemmell Smith are meeting with the Town Clerk and Tourism Officer in November.
Vandalism: Graffiti continues to be an issue, which the Community Warden is cleaning at Council open spaces as well as having to replace Perspex at noticeboards damaged by catapults.
War Memorial: No further formal updates since the May meeting. NHS Properties are progressing with the sale of the site and have said they will keep the Council informed.
Website: The Communications Officer has been working with the website designer on the new website and content. It is a huge labour intensive project which we are working through, and hope to have more details in December.
| S&SEIB awards |
There are no current updates.
Council decision July 2019 supported a four-year financial commitment from the Precept to the Community Warden Partnership Scheme; but had asked for this to be reviewed every four years. The role has always been funded by the Council and a partnership, but with the reduction and withdrawal of some grants, the Council agreed to increase its contribution of the Precept to ensure and secure this valued community position. Current other partners are Great Stone Bridge Trust (past couple of years have increased their contributions, now £8k); West Kent House (£3.5k); Moat (£1k); funding from the Coldman Trust was not received last year, but the CW is in the process of submitting a new application. The current 2024-25 Precept contribution is £10,555 (this is likely to increase slightly in the 2025-26 budget).
Do Members confirm continued commitment and budgeting from the Precept for the Community Warden role? Do Members want to keep on a four-year review or satisfied it is considered annually with the budgeting process?
This agenda item should perhaps have been considered directly before or after agenda item 10.6.3 - Lease update for the Licence of Alteration and Deed of Variation. Whilst the items are linked, they are two different decisions to consider.
May 2024, Members were asked to support the need for a new heating system at the Pavilion which the Rugby Club had said it would fund. At the time, it was noted that the Lease was not clear as to whose responsibility the heating was and if the Club was to fund and install a new heating system there would need to be a licence for alteration and deed of variation. Council supported the Club's requested and instructed its solicitor (agenda item 10.6.3 update).
In an email from the Chairman in July to the Clerk, he asked if "there is any scope for the Council to directly assist with some of the costs associated with the refurbishment". In my email reply it was explained that that such expenditure would need to be considered and budgeted, but advised that they could consider a possible CIL application. I also raised issues with the Lease and discussions with solicitor
The Club advised in July they would have contractors on site in July and the Head Groundsman met with them to discuss the location of the external units (as requested by Council).
In the meantime, the Club has submitted a CIL application for funding for the heating and included in that application funding to replace two water heaters. The total cost of the project is now in the region of £98k; the application is for a considerable proportion of these costs. However, there remains the questions 1) the legal right to carry out the works as the Club has not engaged with the solicitor over the Licence of Alteration and Deed of Variation; 2) the water heaters is a new addition to the project; 3) any works that carried out under the Council' duties (as Landlord), have to follow the Council's own procurement procedures.
At the same time Council considered the Club's request to install new heating (May), Council considered it it wanted to engage its own heating engineer and obtain its own survey report with recommendations, prior to any changes that the Club wanted to make to the heating; the expenditure for this would have been between £400-600. In view that the Club has now suggested the water heaters also need changing, I would recommend that the Council engage its own professional for an independent report; estimate cost up to £800. Referred to in item 10.6.3 it is not clear a new heating system has been installed, but the CIL grant application would indicate not, and that they have installed two air conditioning units as a more cost efficient solution in the main Clubhouse.
It would appear that communications were understood that this was the new heating pump system, but in the CIL application it indicates that Council has "approved the works of the heating system, in replacing with air conditioning units" and now asks for consideration to replace the boilers and gas heaters.
Do Members support engaging its own heating engineer to survey the heating and water boilers, and make recommendations, and the expenditure of up to £800?
Regarding the Rugby Club's proposal (as Council understood it to be) for the new heat pump system, does Council want to issue a letter of instruction to ask the Club to halt until the Council has its report and the solicitor has advised further? And, to arrange a meeting with the Lease Negotiation Group?
Or, how to Members want to proceed?
There has been one potential new gate raised which is being investigated. A routine audit will be carried out by end of the year. Any unauthorised gates will receive letters. Currently, there are no matters outstand on this with the solicitor so this will be referred back to Open Spaces Committee to monitor.
During the spring tree survey it was noticed that a resident had created an unauthorised gated access at the rear of their property and the boundary of Stangrove Park (Council registered land), gaining access directly on to Stangrove Park. This prompted an audit of gates, and found there was eight others. Letters have now been sent to all. Two have been blocked, one has confirmed that they will remove the gate but has asked for some time, two are with WKH. There has been two letters of objection received. Advice has been taken from the solicitor, and a response (from the Clerk) is currently being drafted.
Do Members have any questions?
As previously reported, Council meetings May, July and September have received updates on the project for a new archway to promote the Market in Market Yard car park, with the works funded through the UK Shared Prosperity Fund (via SDC). The Community Warden has been obtaining quotes and designs, but unfortunately had exceed the UKSPF funding (up to £15k). However, he has been able to obtain two further quotes (having contacted five blacksmiths), and the costs are now looking viable and within the UKSPF allocation.
As the sign is in a conservation area and potentially falls under advertising regulations, a planning application will be submitted but we need to confirm the contractor and design to include in the application.
Other aspects/costs of the project includes the ground installation of the archway and new removal bollards along the access road thus providing the potential to utilise on market days.
The relocation of the streetlight (approved Council July and September) is due to be carried out in November.
Do Members have any questions?
Members are asked to consider the three quotes and contractors (A,B and C) and confirm its preference so that we can proceed with the planning application and finalise the details and costs to submit to SDC and the UKSPF to secure the funding. Due the time left for the grant, this needs to be submitted to SDC this year (2024). The below are quotes from three contractors who were given the same brief. Also to be considered and added to the below, will be the costs for the addition of removal bollards on the access road (only C has included costs for the archway installation).
Contractors:
A: Archway cost only £12,500 plus vat (£2,500) plus costs for groundworks and installation
B: Archway cost only £8,385 plus vat (£1,677) plus costs for groundworks and installation
C: Archway cost, ground work and installation £8,645 plus vat (£1,729)
Contractor C would also be able to source removable bollards and carry out the installation (estimated three bollards at this stage); awaiting quote.
Contractor A&B have not quoted for the ground work and installation, and as yet we have not been able to obtain a separate quote for this.
How do Members want to proceed?
| Confidential Annex Omitted from Papers. |
| Confidential Annex Omitted from Papers. |
| Confidential Annex Omitted from Papers. |
Council has facilitated two meetings with local groups (Bonfire Society, Scouts, Church, Town Band) helping to ensure there is a parade and event at the War Memorial, as well as the afternoon Church service.
The Community Warden submitted the road closure request which has been confirmed (10.15 am to 12.00 noon) and the Bonfire Society has confirmed it will arrange the marshals and a driver to check all points; the Scouts are providing a parade marshal and the lead mini bus; the Royal British Legion are arranging the wreaths, Standard Bearer, and order of event; the Church will attend the 11.00 am service providing reading and prayers.
NHS Properties has confirmed access, and NEDRA has tidied the area around the War Memorial removing overgrown vegetation. As the hospital site will remain fenced with restricted space for people, the decision has been taken to keep the road closed at Mill Hill for the duration of the parade and service to allow for potential pedestrian overflow at the site 10.15 am to 12.00 noon. Signage has been ordered and will be displayed after the Bonfire Society's event (Monday 4 November).
Details:
Scouts minibus to lead the parade (limited seats available for booking in advance for those with walking mobility issues). Manor Care Home minibus at the rear.
10.15 am - meeting in Leathermarket car park, and lining up (Scouts to lead, other groups to line up and follow)
10.30 am - to be ready to leave car park
10.45 am - arrive at War Memorial Hospital, and gather around Memorial
10.50/55 am - Church to provide someone to open with prayers; Exhortation recited; Last post sounded
11.00 am - Two minute Silence is observed; Reveille is sounded; Wreath Laying (RBL to announce order); Blessing and God Save the King; Epitaph
Disperse ready to march back
11.15/20 am - Assemble behind the minibus to march back to the Leathermarket car park
2.30 pm - Afternoon church service attended by the Town Band
The event is published on the website, Facebook, Council noticeboards and newsletter.
Do Members have any questions? Councillors are requested to attend both events, please confirm attendance to the Community Warden.
Leases: Current Leases being updated or have amendments:
The new drafted lease was sent in December 2023; Council May 2023 (agenda item 11.7.1). The solicitor last heard from the Forge Singers in July 2024, following the issuing a new draft lease in December 2023. They said that as small community club based in Edenbridge, not a registered business, or charity, they are not comfortable signing a Lease. Details were reported to Council September meeting, Members considered the options: to continue with the Lease as the best viable option in the name of an individual or group of individuals, or the Singers establish themselves as a registered entity, or the Council serves Notice. Members discussed; one Members suggested advising them on becoming an unincorporated organisation. The recommendation was to invite the Forge Singers to a meeting with Cllr Baker and the Town Clerk. Two emails have been sent and there has been no response form the Forge Singers.
Having advised the solicitor that we would be inviting them in, they advised:
If they were to be an unincorporated organisation they would still not be a legal entity and would still not be able to enter into a lease as "Forge Singers". The Lease must be held in one of four ways:
1. By all the members in their individual names
2. By some of the members as trustees on trust for all of the members
3. By some of the members as trustees on trust for the purposes of the organisation, or
4. By all the members subject to their contractual rights and liabilities to each other as set out in the association's rules.
If we are still at an impasse then we may need to consider serving notice to terminate their occupation and propose new lease terms.
In view that the Forge Singers seem reluctant to cooperate, the Council may be left with having to serve notice to them.
How do Members want to proceed?
This is due for renewal March 2025, and has been reported through Council meetings May, July and September. The Solicitor has been liaising with the Museum who are in the process of registering as Charitable Incorporated Organisation (CIO) - Eden Valley Museum Trust CIO. As this is a separate entity, we cannot simply renew the existing lease.
The Solicitor has now prepared a draft new Lease which will be presented to the councillors on the Leases Group to raise questions and confirm the details. The recommended version will be presented to Council December or January meeting.
At the moment, the draft Lease has been prepared on the basis of Assignment then Renewal. This option is quicker and would assign the current lease to the CIO once it is created, and then grant the renewal to the CIO on 1 April 2025. The Trust would also need to deal with the registration of the assignment at the Land Registry to ensure that the Leasehold Title is held in the correct ownership.
Do Members have any questions?
The previous (current) Lease was drawn-up for a period of 25-years (to 31 March 2025). Are Members happy to confirm the same terms 1 April 2025 to and including 31 March 2050?
The previous Lease set out rent review dates on the fifth, tenth, fifteenth and twentieth anniversary of this Lease. This Lease says that "On each rent review date, the rent may be increased to the market rent if that is higher than the rent applying before that date. The Market rent is the rent which a willing tenant would pay for the property on the open market...." However, Council tended to use the RPI or CPI rate to increase for that review year (considered with all fees and charges and applied 1 January or 1 April). This will be raised with the Lease Group.
Rent review could be annually (as with some Leases and most fees and charges), two-yearly or maintain every five-years. How do Members want to proceed?
(Agenda Item 10.2 refers to the matter of the heating and water tanks). Council May 2024, approved the Lease to be amended to accommodate and clarify the arrangements for a new proposed heating system. The Council's solicitor had contacted with the Club in July regarding a Licence for Alteration and Deed of Variation, but has only heard from them when they initially acknowledged the first email, and has heard nothing since.
Council has not been advised if these units have been installed, but upon recent inspection of the external part of the building, it would appear that the heating fans have been fitted.
A CIL bid has since been received from the Club to fund this work, and has extended the project to include hot water heaters. Without the Licence of Alteration and Deed of Variation being resolved, I am not sure how best to proceed . Without the deed of variation, the Rugby Club would not have the legal right to carry out any works, and there remains uncertainty who is responsible for the heating.
Projects which the Council manage have to follow its procurement procedures, and for a project the size proposed by the Rugby Club would need to put to public tender.
Having contacted the solicitor, they said:
When I review the lease for you in the Summer I noted that the tenant was only responsible for internal repair and cleaning, whereas the main and structural parts of the property are the Council’s responsibility. I would think that this includes the heating system as it is such an integral part of the property. We were considering the Deed of Variation to put this squarely in their responsibility, however as we have never heard back from them, I would suggest that the heating system would be for the Council to remedy.
I emailed the Club a week ago and I am awaiting acknowledgement. If the heating has not been installed, I would recommend that the Council instructs the Rugby Club to stop with any of its plans (as per item 10.2), and for Council to proceed with its own investigations and consider the impacts on its budgets and maintenance plans. If the Club has installed the heating, I would suggest that the solicitor issues the Deed of Variation to cover the heating part (or air conditioning units as it would appear from the CIL application) and that we ask the Club not to proceed with any further works until the Leases Group has met with the Club to discuss the issues and carried out its own survey (item 10.2).
In view that a) the Club has not responded to communications; b) Council does not know what works have or haven't been carried out; c) that its project to initially install a heating system has expanded without seeking council confirmation, I would advise that Council instructs the Club to halt any proposed work and for a meeting with the Lease negotiation Group be arranged as soon as possible. The solicitor she be kept in the loop and advice continued to be taken.
How do Members want to proceed?
September Council confirmed the Council and Committees Meeting schedule for 2025. Attached is an updated version as there were a couple of error. Are Members happy to accept the correct and amended schedule of meetings?
| Meetings dates for 2025 approved council 2409.pdf |
The ECCA has requested that Council consider to allow them to use Rickards Hall free of charge for its Christmas Extravaganza event on Saturday 30 November; this would include the evening of Friday 29 November and all day/evening 30 November.
Members are advised that Rickards Hall its one of its few income sources, and other bookings have already been turned down.
Do Members confirm ECCA free hire of Rickards Hall for its community event from evening Friday 29 February through to mid-night 30 November?
September 2023 Council paid for a replacement pump, cost £4,797; following a routine service there was found to be a low reading to earth on pump, and as this was the sewage pump the advice was that it would need to replaced.
Last month, the engineer attended for the regular service to the single foul water and surface water combined system. On arrival found the chamber at high level. Controls not in automatic mode. Removed pump and inspected visually. Evidence of a foreign object having gone through the pump which has dislodged the impeller. Possible water inside pump. Electrical tests completed, running current satisfactory but pump has failed its insulation resistance test possibly due to water ingress into the pump caused by the dislodging of the impeller. Tested controls, all working well. Set parameters to correct values. Controls left in automatic mode. Faults Found Pump failed insulation resistance test Impeller dislodged Controls not in automatic mode on arrival causing a high level. Urgent Requirements Replace failed pump.
Cost for the replacement pump £4,797 plus vat.
Do Members confirm the expenditure of £4,797 plus vat, for a new replacement Submersible Pump (sewage pump)?
This meeting will include receiving the budget recommendations from the Finance Committee and consider the draft budget and precept for 2025-26.