September 20 2018 Minutes
MINUTES OF THE PARISH COUNCIL MEETING OF
FENTON & TORKSEY LOCK PARISH COUNCIL
Held on 20 September 2018, 7pm at The Games Room, The White Swan, Torksey Lock.
PRESENT: Cllr G Newton (Chair), DCllr Stuart Kinch, Alan Robinson- Monitoring Officer- WLDC,
Cllr A Woods (see minute 337 b) and Cllr G Woods (see minute 337 b)
Ruth Keillar (Clerk)
Two members of the public were present.
337
TO RESOLVE WHETHER TO EXCLUDE THE PUBLIC AND PRESS FOR CONSIDERATION OF THE FOLLOWING CONFIDENTIAL ELECTION MATTERS.
Should this resolution be passed, members of the public and press will be required to leave the meeting at this stage. The two members of the public present were the applicants.
It was proposed by G. Newton, seconded by S. Kinch and it was RESOLVED that the item be heard in open session
i. To take nominations and votes for the existing councillor vacancies.
Two applicants had applied.
a) It was proposed by G. Newton, seconded by S. Kinch and it was RESOLVED that Mr Andre Woods be co-opted as a Cllr. Mr A Woods signed the Declaration of Interest form, the Clerk countersigned and Mr A Woods joined the meeting as Cllr A Woods.
b) It was proposed by G. Newton, seconded by S. Kinch and it was RESOLVED that Mrs Genny Woods be co-opted as a Cllr. Mrs G Woods signed the Declaration of Interest form, the Clerk counter-signed and Mrs G Woods joined the meeting as Cllr G Woods.
Both Cllrs received Register of Members’ Interests, Code of Conduct Acceptance forms, (to be submitted to WLDC when completed), GDPR Security Compliance and Cllr Consent forms, which will be completed and returned within 28 days.
Prior to the continuation of the meeting Mr Alan Robinson offered to investigate the availability of WLDC documents in Braille, as an aid for Cllr G Woods.
338
TO RECEIVE APOLOGIES AND REASON FOR ABSENCE
Cllr Rikki Doolan was not present and no apologies had been received. Absence noted.
339
TO RECEIVE DECLARATIONS OF INTEREST ON ANY ITEM ON THE AGENDA
None received
340
As DCllr S. Kinch had to leave the meeting early, agenda item 19 was brought forward at this stage
TO RECEIVE ANY UPDATES ON THE S106 AGREEMENT FOR THE PLAY AREA
The Chairman reported the following:
* Email dated 17 May 2018 from WLDC acknowledging PC’s email of 16 March 2018.
* Email dated 22 May 2018 from WLDC acknowledging PC’s email of 11 May 2018 and including WLDC report outstanding from WLDC email of 13 April 2017
* Email dated 7 June 2018 from WLDC in which they offered a meeting to the PC “to discuss the matter and seek to agree a way to bring it to a resolution.”
* Email dated 27 June 2018 from PC to WLDC advising that “The parish council does not meet again until 19 July 2018 and it will consider your offer of a meeting at that time.”
* Email dated 27 June 2018 from WLDC acknowledging PC’s email of 27 June 2018 stating “Thank you for the e mail, I will wait to hear from you in regards to suitable dates to meet. I am happy to provide an agenda to you in regards to the meeting and will do so once we have confirmed a date and time. In essence, the aim of the meeting would be to clarify the current position with the Parish Council and provide a response to any outstanding queries.”
* Email dated 27 July 2018 from PC to WLDC advising that the July meeting is cancelled and the next meeting is in August.
* Email dated 8 August 2018 from WLDC acknowledging PC’s email of 27 July 2018.
All of the above are reproduced, in full, on the PC’s website.
A meeting held with WLDC on 31 August 2016 had the same purpose as that now proposed and WLDC have not enforced the S106 nor have they taken any steps to modify or amend or discharge the planning obligation within any legal framework.
WLDC’s position is to exclude the children’s play equipment and the associated funding from a completed landscaped area. This proposal is not in accordance with the S106 agreement.
The PC’s position is that WLDC have to make the decision as to how to proceed. Whatever that decision is, it has to be legally sound and properly documented in accordance with current legislation
The current position is that
a) WLDC endorses the provision of £6000 from the developer for the maintenance of the landscaped area as specified in the S106 agreement. The developer has written to the parish council offering the monies for this purpose on condition that the PC agrees to this prior to receiving conveyance documents.
b) WLDC will not enforce the provision of a children’s play area as it deems the area as being unsuitable for that purpose.
The Local Government Ombudsman Service was asked by a resident to examine the above decisions and it has confirmed its agreement with WLDC’s decisions.
Matters for discussion on a and b above
I) It appears that the £6000 offered for the maintenance of the area is to include any preparatory work necessary to bring the land to a condition that would make it suitable as an open space for public use. This could use up some of these funds. The land is subject to periodic flooding from rainwater run-off from the A156 through the adjacent sewage pumping station area. (The estimated cost of regular maintenance of the land, limited to grass cutting could be £35/cut, 2 cuts/month, 8cuts/year = £560/year. The £6000 would last 10.7 years. Reduced by any initial work required. After this the parish would have to meet all the maintenance costs through the precept.
ii) The equipment for the children’s play area will not be funded through the S106 agreement.
iii) WLDC has offered to meet with the PC in an email dated 7/6/18 “…to discuss the matter and seek to agree a way to bring it to a resolution.” This invite was issued prior to the ombudsman’s decision.
iv) the S106 makes provision for the area to be maintained by a Trust to established by the developer. WLDC have indicated that they may not enforce this provision on cost grounds. The LGO agrees with this.
Options now available to the PC are
- meet with WLDC
- accept the offer of maintenance funds as it stands
- reject the offer
Cllr Kinch suggested that if the land and maintenance funds could be conveyed to the parish council on a "No strings attached” basis, it could then be possible for the parish council to sell the land to a known interested third party and use the maintenance fund and the proceeds from the sale to seek to acquire an alternative and more suitable piece of land. It was felt that this would be in the best interests of the parish. It was agreed that Mr. Alan Robinson would make enquiries within WLDC as to whether such a “No Strings" conveyance/contract could be drawn up and report back at the next meeting.
341
PREVIOUS MEETING NOTES
It was proposed by Cllr G. Newton, seconded by Cllr S. Kinch and it was RESOLVED that the notes from the meeting held on 17 May 2018 be approved as a true record and signed as minutes.
Mr Alan Robinson and DCllr S. Kinch left the meeting at this point. 7:37pm
342
TO RESOLVE TO SUSPEND THE MEETING TO ALLOW NO MORE THAN 15 MINUTES OF PUBLIC FORUM
No members of the public were now present.
343
TO CONSIDER THE FUTURE OF THE PARISH COUNCIL
This is still regarded as being precarious.
344
CHAIRMAN’S REPORT FOR INFORMATION ONLY
Regarding archiving of documents, the party that previously expressed an interest in carrying this out has not responded to recent contacts. The Chairman will undertake the archiving of the previously agreed documents.
345
CLERK’S REPORT FOR INFORMATION ONLY
1. Code of Conduct scanned acceptance received from Cllr Doolan and submitted to WLDC.
2. The Clerk is attending a LALC Clerks’ and Councillors Networking Event, Thursday 27 September at Bentley Hotel, Lincoln. This has been booked via Nocton PC and costs can be shared 3 ways (Event cost £10 + travel cost (15 miles in total @45p) £6.75 = £16.75 / 3 = £5.58 for Fenton and Torksey Lock Parish Council & Walesby PC and £5.59 For Nocton PC.
It was agreed that the Clerk should attend this event and that the costs be shared.
3. Funding for the Armistice Silhouettes has been extended until 1st October.
http://www.covenantfund.org.uk/the-armistice-and-armed-forces-communities-programme-remembering-and-supporting-their-contribution/
346
COUNCILLORS’ REPORT FOR INFORMATION ONLY
Nothing to report
347
TO RECEIVE REPORTS FROM OUTSIDE BODIES
Crime reports received from Gainsborough Rural South for the periods
from 30-04-18 to 31-05-18,
from 01-06-18 to 30-06-18,
from 01-07-18 to 29-07-18 and
from 30-07-18 to 31-08-18.
3 No. incidents of crime reported in the parish.
348
CORRESPONDENCE
A list of correspondence received for the period from 18 May – 20 September 2018 was noted and is attached.
349
TO RECEIVE ANY UPDATES REGARDING THE TELEPHONE KIOSK AND DEFIBRILLATOR.
A Method Statement & Risk Assessment for the re-decoration work has been received from the contractor (John Richards Decorators Ltd.) The contractor has been requested to provide same for the remaining refurbishment items.
350
TO CONSIDER ADOPTING A CO-OPTION PROCEDURE
The Chairman tabled a proposed Co-Option Procedure for consideration by members.
It was agreed to discuss this at the next meeting.
351
TO CONSIDER DONATIONS TO:
i. Trentside Links (£200)
It was agreed that no donation be made at this time, as the future of the publication is in question.
ii. White Swan Charities (£50).
It was proposed by Cllr G. Newton, seconded by Cllr A Woods and it was unanimously RESOLVED that the above donation be made.
The clerk will prepare a covering letter to accompany the cheque.
352
FINANCIAL MATTERS
i. To approve the Statement of accounts and bank reconciliations for May as at 3 June 2018
The RFO reported balances for May 2018,
a) deposit account balance as £7047.79
b) current account balance as £8,519.58
Uncleared cheques:
215688 – X2Connect, Kiosk refurbishment materials. (ref min 329) £260.34
ii. To approve the Statement of accounts and bank reconciliations for June as at 1 July 2018
The RFO reported balances for June 2018,
c) deposit account balance as £7047.79
d) current account balance as £8,012.25
Uncleared cheques:
215690 – R Marsh, Grass-cutting/Verge-cutting, May £125.00
iii. To ratify payments pre-approved on 17 May (minute 330 ii)
215689 – R Keillar, Clerk’s Salary for June. £246.99
215690 – R Marsh, Grass-cutting for May £125.00
iv. To approve accounts for 19 July 2018
215691 – R Keillar. Clerk’s salary for July. £203.60
215692 – HMRC. Tax/NI payment for Q1 £6.00
215693 – Autela Group Ltd. Payroll costs Q1 £46.80
215694 – R Keillar. Clerk’s expenses for July £15.30
215695 – Nocton Parish Council. £5.66
Third share of LALC training events:
25/04/18 IT training, lunch
15/05/18 Diversity Awareness / Employment Law, lunch
215696 – R Marsh, Grass cutting/Verge-cutting June £50.00
v. Payments made following 19 July.
To approve accounts for payments made 6 August 2018
215697 – R Marsh, Grass-cutting/verge-cutting July £125.00
To approve accounts for payments made 24 August 2018
215698 – R Keillar. Clerk’s salary for august. £186.09
vi. To approve the Statement of accounts and bank reconciliations for July as at 1 August 2018
The RFO reported balances for July 2018,
e) deposit account balance as £7047.79
f) current account balance as £7,991.29
Uncleared cheques:
215690 – R Marsh, Grass-cutting/Verge-cutting, May £125.00
215691 – R Keillar. Clerk’s salary for July. £203.60
215692 – HMRC. Tax/NI payment for Q1 £6.00
215693 – Autela Group Ltd. Payroll costs Q1 £46.80
215696 – R Marsh, Grass cutting/Verge-cutting June £50.00
215697 – R Marsh, Grass-cutting/verge-cutting July £125.00
215698 – R Keillar. Clerk’s salary for August. £186.09
It was reported by Cllr G Newton that the statements of accounts be noted as an accurate record of financial activity, as no other Cllrs present had been in office during the above payments it was not possible to second and resolve this approval.
vii. To approve accounts for 20 September 2012
It was proposed by Cllr G. Newton, seconded by Cllr Cllr A Woods and it was RESOLVED to accept the following accounts for payment.
215699 – Autela Group Ltd. Payroll costs Q2 £46.80
215700 – R Keillar. Clerk’s salary for September £207.00
215701 – R Keillar. Clerk’s expenses for September £15.30
215702 – The White Swan Charities £50.00
viii VAT – notification of new online VAT refund service. This will involve registering for a Government Gateway account.
ix. To note that the Precept estimate documents for 2019-2020 has been received and the estimate must be submitted by Friday 30 November 2018.
A provisional (estimated) precept statement will be prepared and issued to councillors within the next 2 weeks for discussion at the next meeting on 18 October 2018. Subject to discussion and resolution, an agreed estimate will be formalised at that meeting for the estimated precept to be forwarded to WLDC. Councillors to note that the final return date for the precept is 26 January 2019
353
PLANNING MATTERS
Applications received:
APPLICATION REFERENCE NO: 137965
PROPOSAL: Planning application for single domestic garage
LOCATION: 7 Fenton Fields Fenton Lincoln LN1 2GE
APPLICATION TYPE: Householder Application
APPLICATION CATEGORY: Householder Development
DECISION NOTICE; Planning permission has been granted subject to conditions.
APPLICATION REFERENCE NO: 138045
PROPOSAL: Planning application to vary condition 5 of planning permission 137435 granted 02 May 2018-minor amendments to design
LOCATION: The Hawthorns Newark Road Torksey Lock Lincoln LN1 2EJ
APPLICATION TYPE: Full Planning Application
APPLICATION CATEGORY: Minor - all others
APPLICATION REFERENCE NO: 137250
PROPOSAL: Application for removal of condition 10 of planning permission 135520 granted 1
September 2017 - to allow year round use of the site without the restriction for the
22 static caravans to be used as holiday accommodation only.
LOCATION: Little London Caravan Site Lincoln Road Torksey Lock Lincoln LN1 2EL
DECISION NOTICE: Planning permission has been granted subject to conditions.
APPLICATION REFERENCE NO: 138110
PROPOSAL: Planning application for 1no. dwelling and vehicular access.
LOCATION: Land to the south of Lincoln Road Torksey Lock Lincoln LN1 2EL
APPLICATION TYPE: Full Planning Application
APPLICATION CATEGORY: Minor - Dwellings
The parish council has no comments on the above.
Decisions received:
None
354
INSURANCE
To consider obtaining quotes for the Parish Council Insurance, which is due for renewal on 21 November. The premium is currently £348.69.
Results to be reported by the Clerk at the next meeting.
355
ANY URGENT ITEMS FOR DISCUSSION
None received
356
TO CONSIDER ITEMS FOR INCLUSION ON THE WEB SITE
Audit documents
357
DATE OF NEXT MEETING DATE
The next meeting of Fenton and Torksey Lock Parish Council will take place on Thursday 18 October – 7pm at The Games Room, The White Swan, Torksey Lock.
There being no further business the Chairman closed the meeting at 9.08 pm
Acting Chair….S. KINCH
Date…..25/10/2018