Full Council | 26 March 2018 at 12:00am

STANWAY PARISH COUNCIL

Minutes of the PARISH COUNCIL MEETING

Held on THURSDAY, 26th March 2018 at

7:00pm at the VICTORY HALL ____________________________________________________________________

152. Attendance and Apologies for Absence

Present: Cllr J Spademan (Chairman)

Cllr D Bloomfield

Cllr D Chambers

Cllr P Dundas

Cllr D Jordan

Cllr T Manning

Cllr K Marking

Cllr J Norton

Cllr C Spademan

Cllr L Tate (present after co-option)

Cllr P Thompson

Cllr I Wancerska

In Attendance: Miss T Devine (Clerk)

Cllr K Bentley

Cllr L Scott-Boutell

2 members of the Public

Apologies for Absence

None

153. Declaration of Interests

There were no declarations made.

154. Public Participation

4 Members of the public were present and were informed that the meeting was being

recorded.

155. Co-Option of Parish Councillor

Ms L Tate gave a short presentation to the Council and answered questions

concerning her interest in becoming a Parish Councillor.

Ms Tate and all members of the public were asked to leave the room while the

Council considered the request to be co-opted onto the Council.

RESOLVED: That Ms Tate be co-opted onto the Council.

A short break took place while Cllr Tate and the Clerk left to sign the Acceptance of Office

documents.

156. Committee Membership

The Chairman explained the need for certain Committees to have more

Members.

RESOLVED: That the following appointments be made to Committees:

Emergency Planning Committee: Cllr D Bloomfield

Planning Committee: Cllr C Spademan

Staffing Appeals Committee: Cllr K Marking

Community Events Committee: Cllr L Tate

Park and Recreation Committee: Cllr L Tate

Policy and Finance: Cllr L Tate

The Chairman raised the need for another representative onto the Quarry

Liaison Group. Cllr P Thompson agreed to attend.

157. Minutes of the Parish Council Meeting of 29th March 2018

RESOLVED: To accept the Minutes of the Meeting of 29th March 2018 with the

Following amendment to Minute 132 (Co-options)

“Both Mr Hagen and Mrs Marking spoke to the Council for a short

time to present their reasons for wishing to be co-opted onto the Parish

Council. Mr Hagen and Mr Marking left the meeting and then a

short while later all other members of the public left the

Meeting.”

The amendment (above in bold letters) was written into the Minutes by hand by the

Chairman.

158. Adoption of Committee Reports

RESOLVED: That the Minutes of the following Meetings be adopted:

Planning Committee: 20th March and 3rd April 2018;

Policy and Finance Committee: 14th March 2018;

Community Events Committee: 21st February 2018 and

Parks and Recreation Committee: 21st February 2018.

The Chairman brought to the attention of the Committee that the MPGA should report

to the Council bi-monthly and that all Councillors were responsible to ensure that

the items in the Terms of Reference of Committees were fulfilled. This matter to be

further considered at the next Policy and Finance Meeting.

159. Clerk’s Report

In addition to the written report circulated by the Clerk, the following matters were

brought to the attention of the Council:

a) Village Hall Refurbishment

A Tender Analysis had been received from Ingleton Wood on Wednesday, 25th

April and sent to Councillors. There was an urgency to consider this in order for

Phase Two of the refurbishment work to be started but the Clerk had noticed that

on Item 2.1 Ingleton Wood had stated that: “During a meeting between Ingleton

Wood and Stanway Village Hall Management Committee (dated 15th March 2018),

it was agreed that Beardwell Construction had shown value for money for the

Tender of the first phase of the works and had completed the works to a good

standard, therefore it was agreed that this second phase of works would only be

issued to Beardwell Construction for pricing, however they would not be told they

were the only contractor in the tender process.”

As the tender price was over £25,000 the work should have gone out to Tender.

The Clerk had spoken to Ingleton Wood and the company was willing to do this.

It would cause a delay in the work being carried out but the Clerk was unable to give

any other advice and believed that the Council had to adhere to the Financial

Regulations.

The Clerk reported that Miss Baines would speak further about this matter under

Agenda Item 12. The Clerk had only been in post for a year and did not have any

historical knowledge of anything prior to 3rd April 2017.

b) MPGA Sports Court Repair

An Extra-Ordinary Meeting of the MPGA Committee had taken place

on the previous evening (25th April) to discuss the repair of the MPGA

Sports Court. One of the courts run by the Council had been out of action

for around 5 years awaiting repair: the delay being caused mainly by the

period of time it had taken to receive an insurance payment. At the last

Extra-Ordinary Meeting which the Clerk had attended prior to the April

Meeting it had been resolved to give the work to a company called Chiltern

Sports who had given a quote which was below £25,000 and this meant that

the work did not need to go to Tender. However, a fortnight ago the company

had informed the Clerk by telephone that the proposed surface they would use

was not the same as the orginal. It had been reported to the Clerk that the

Company subsequently gave conflicting information to the Chairman of the MPGA

Committee.

As the Parish Council had a lease with the Borough Council it was important that

the repair was done correctly and also that the surface was of the same quality as the

original.

Also, a representative from the Borough Council, David Carsewell, was willing to

meet with the Chairman of the Council and the Chairman of the MPGA to discuss

the repair as there may now be some money available from the Borough Council to

put towards the repair.

A discussion took place. It was noted that the problem at the MPGA had been caused

by subsistence because the Court is built on an old landfill site. It was recalled that

original quotes to repair the court had been in the region of £60,000 to £90,000 and a

question was asked as to whether the work for which quotes had been received were

for the same work. The Clerk’s Assistant informed the Council that it was for a

different surface and the cost was £16,399.00 plus VAT. The Chairman of the

Council queried whether this would bring the repair up to the original standard.

The MPGA Committee had now decided to go with Wasp Civil Engineering for the

above mentioned price if the Council agreed. The Clerk’s Assistant stated that this

was to the Insurance Company’s specification.

It was noted that the contract was due to be renewed in 2020. The Chairman of the

Council stated that it was necessary to receive a report from the MPGA at Full

Council bi-monthly and it was important that there was a plan from this Summer to

decide on the future of the MPGA to consider whether or not the Council would

continue with the lease. In around a year it was necessary that the Council had made a

decision.

The Chairman of the Council stated that if the MPGA Committee could guarantee

that the repair on offer for £16,000 was providing the same quality of work, with the

same materials and the court would be repaired to the same standard as the offered by

the original quotes which were between £60,000 and £90,000 and would cope with

the subsidence, then further money would be needed. The matter must be brought

to Full Council as an item on the Agenda and it was a Full Council decision that

was needed. The Council needed to see all the quotes for the work.

Cllr D Bloomfield and Mrs Ward, the Clerk’s Assistant left the Meeting at the end of

this item.

160. County Councillor’s Report

Cllr K Bentley presented his report to the Council.

It was noted that Cllr Bentley has a role in the Brexit negotiations on behalf of all

English Councils. It was also noted that a sum of £3 million had been allocated to

Essex for the repair of potholes and that work was under way to redesign the zoo

junction.

Cllr Bentley was thanked for his report.

Cllr Bentley left the meeting at this point.(8.26pm).

161. Payment of Cheques

RESOLVED: To accept the Cheques List for payment.

162. Financial Report

No report was available while the 2017/18 accounts were being finalised.

163. Village Hall Refurbishment

Miss Baines presented her report to the Council. The following points were noted:

a) The floor in the Hall had been finished;

b) An order had been placed for new chairs;

c) The gate to the building was being opened at 8.30 and this had kept out

unauthorised drivers;

d) Owing to the new GDPR it would be necessary for signs to be erected

stating that CCTV was recording;

e) When the new GDPR was in place it would no longer be possible to give CCTV

footage to a third party but it could be handed to the police;

f) Phase One of the refurbishment works had a good conclusion.

Miss Baines requested that the letter of intent from Beardwell for Phase Two of the

work be signed by the Council. She expressed concern that any delays would put the

start of the work back to July.

The Clerk advised the Council that the Tender Analysis which had been received from

Ingleton Wood on 25th April 2018 showed that only Beardwell had been included in

the Tender process for Stage 2 of the Refurbishment work based on deliberations

which had taken place between the Village Hall Management Committee and Ingleton

Wood on 15th March 2018. This was in contravention of the Council’s Financial

Regulations and the Clerk had contacted Ingleton Wood to explain. Ingleton Wood had

confirmed that they could put the contract out to Tender.

The Clerk drew the Council’s attention to the fact that this was the first time the

Council had been given a price (£60,464) but the correct procedure for procurement

had not been followed. If the Council did not follow the proper process it would be

liable to criticism at the least.

A discussion took place and it became clear that it was highly necessary for the Council

to be sure that it was acting legally.

Although Phase 2 of the work had been discussed in previous meetings Ingleton Wood

had not followed the correct procedure and this had led to a difficult situation for the

Council.

Cllr T Manning left during the discussion.

Cllr L Scott-Boutell left at the end of this item.

RESOLVED: That Stanway Parish Council go ahead and approve the Tender as a

contract extension.

A recording of the votes was requested and is set out below:

For: Cllr C Spademan, Cllr P Thompson, Cllr J Norton, Cllr D Chambers

Against: Cllr L Tate

Abstentions: Cllr J Spademan, Cllr D Jordan, Cllr P Dundas, Cllr K Marking, and

Cllr I Wancerska

It was noted that the Council had gone against the advice of the Clerk.

The Chairman of the Council therefore added that the Clerk must seek advice and that if

The Resolution passed was not legal the matter would have to be reconsidered at an

Extra-Ordinary Meeting of the Council on Friday, 4th May 2018. (This is the date by

which the contract must be signed if legal).

165. Cheques List

RESOLVED: That the Cheques List be approved.

166. Staffing Committee

The Chairman explained to the Council that the Terms of Reference of the

Staffing Sub-Committee needed to be replaced by the Terms of Reference of

the Staffing Committee.

The Staffing Committee would consider staffing matters including grievance and

disciplinary and staffing matters would no longer be in the remit of the Policy and

Finance Committee.

A Staffing Sub-Committee comprising 3 members could be called if a confidential

matter arose.

The Chairman made amendments to the Terms of Reference as follows:

a) The Staffing Sub-Committee shall be formed of 3 members.

b) Meetings of the Staffing Committee will be convened to consider all staffing matters

such as pay, conditions of service, appraisals and policy including health and safety

matters.

c) Decisions made by the Staffing Sub-Committee will be final unless an appeal is made

which will be referred to the Staffing Appeals Committee for consideration.

RESOLVED: That the changes as put forward by the Chairman be accepted.

At this point a vote took place to continue the Meeting beyond 9.30 pm and this was

agreed.

Membership of the Staffing Committee

RESOLVED: That the following Councillors form the new Staffing Committee:

Cllr D Bloomfield, Cllr P Dundas, Cllr J Norton, Cllr L Tate

and Cllr P Thompson.

167. Arrangements for the Use of the Tollgate Carpark

Nothing to report.

168. Stanway Rovers Girls’ Football Team

RESOLVED: That the Council ratify the decision of the Policy and Finance

Committee to support Stanway Rovers Girls’ Football Team

In finding suitable ground on which to practice and play.

169. Internal Auditor

RESOLVED: That the decision concerning whether or not to re-appoint the

Current Internal Auditor be discussed at the next Policy and

Finance Committee Meeting.

170. Winstree Road Travel Plan

No concrete decision had been made as to the Winstree Road Travel Plan.

It was reported that whatever action is taken it would need to be financed

by the County Council.

171. Local Highways Panel

This item was referred to the next Policy and Finance Committee Meeting.

172. Assets and Inventory Register

RESOLVED: To accept the Assets and Inventory Register as presented.

173. Reports from Outside Bodies

The following information was given:

The Village Hall Management Committee would be meeting on Wednesday, 2nd May.

The Bus Passenger Representative Group would meet in October. No further reports.

174. Playing Field Requests

The Clerk informed the Council that a request had been received from Stanway

Villa Football Club to host a McDonalds/FA Community Day in the village on

15th July. This will be the first one held in the Borough.

Request was made to use the field on this day.

RESOLVED: That the request be approved.

175. Parish Council Facebook Page

Cllr Jordan reported that the Council’s Facebook page was now live.

It was noted that, owing to GDPR, the content of the Facebook Page would

need to be thought about carefully to comply with the law.

176. Information Update

Cllr Marking informed the Committee that she had seen her name listed on part of

the website as the Chairman of the Council and lower case had been used.

The Clerk will investigate.

177. Items for Committees

None.

178. Date and Time of the Next Meeting

The next Meeting of Stanway Parish Council will take place on Thursday, 31st

May 2018 at 7.00 pm in the Victory Hall, Villa Road, Stanway.

The Chairman thanked everyone for attending and the meeting closed at 10.04 pm.

Signed……………………………………… Date: 31st May 2018