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Minutes of the meeting of the Kesgrave Town Council held on Monday 10th November 2008 at 7.15pm in the Council Chamber.

Present:

In attendance:

1. Apologies

Mr R Bridgeman – work commitments
Mr J Briggs – work commitments
Mr N Bugg – illness
Mrs J Klaschka – holiday
Mrs E Smith – alternative meeting
Mr S Hudson (County Cllr) – alternative meeting

2. Declarations of Interest

Mr Beecroft declared a personal interest in item 7.a., Financial Matters, Payment to Wine Rack, having arranged a discount on this purchase for the Annual Reception, remained in the meeting and took part in consideration and discussion of the matter.

Reverend Spittle declared a personal interest in item 7.a., Financial Matters, donation to The Royal British Legion, being a member of the Royal British Legion, remained in the meeting and took part in consideration and discussion of the matter.

Mrs Evans declared a prejudicial interest in item 8.a.iii., Planning application C08/1814 for 13, Edmonton Road being a near neighbour, and left the room while the matter was under consideration.

Mrs Ogden declared a personal interest in item 8.a.iii., Planning application C08/1712 for The Farmhouse PH, being a friend of the Landlord, remained in the meeting and took part in consideration and discussion of the matter.

Mr Walkling declared a prejudicial interest in item 8.a.iii., Planning application C08/1853 for 49, The Lloyds and C08/1855 for 51, The Lloyds, being a near neighbour, and left the room while the matter was under consideration.

Mr Comber declared a personal interest in item 9.c. Recreation and Amenities Matters, Trolley Coins, being involved in the artwork, remained in the meeting and took part in consideration and discussion of the matter.

Mrs Ogden declared a personal interest in item 12, Boundary Review, being a member of another Authority, remained in the meeting and took part in consideration and discussion of the matter.

Mr Comber declared a prejudicial interest in item 15, Change of Custodian Trusteeship of KWMCC, being a Trustee, and left the room while the matter was under consideration.

Mr Mills declared a prejudicial interest in item 15, Change of Custodian Trusteeship of KWMCC, being a Trustee, and left the room while the matter was under consideration.
Mrs Ogden declared a prejudicial interest in item 15, Change of Custodian Trusteeship of KWMCC, being a Trustee, and left the room while the matter was under consideration.

Mrs Read declared a personal interest in item 15, Change of Custodian Trusteeship of KWMCC, being Spark Secretary, and remained in the meeting while the matter was considered.

Mr Comber declared a personal interest in item 17, Evening of Reflection, as the Scouts will be providing the refreshments for the event, remained in the meeting and took part in consideration and discussion of the matter.


3. Minutes of the last regular meeting held on 13th October 2008

The minutes of the last meeting having been circulated were taken as read, approved and signed by the Chairman.


4. Matters arising

a. None.


5. Reports from Chairman and Vice Chairman

The Chairman reported she had attended the official opening of the former Day Centre now under the new ownership of the NHS Mental Health Partnership at Rupert Fison Centre.

The Vice Chairman, reported he had attended:
– the official opening for the NHS Mental Health Partnership building also;
– a Youth Forum meeting;
– as a Town Councillor, Kesgrave News Photographer and Senior Citizen, the visit to Kesgrave High School.

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An adjournment was declared:

– to receive reports from the County and District Councillors, Police, Crime Prevention representatives, Public Transport Liaison Officer and Local History Recorder

Mrs Ogden, as District Councillor reported:
– The revised operating licence for Foxhall Stadium has received approval;
– Energy Rating Certificates for some public buildings are now required by law – Suffolk Coastal has received a “D” rating;
– as part of Suffolk Coastal's Energy Strategy, a transport audit will be carried out.

Mr Grimwood, District Councillor reported:
– he had attended a Greenways meeting held in Ipswich;
– SCDC Development Control Sub Committee meeting will be considering the application for 74 Bell Lane.

Mrs Neale, District Councillor, reported SCDC has arranged 3 Parish liaison meetings in January as part of the Local Government Review (LGR). KTC will be invited to attend on the 14th January at the KWMCC. A questionnaire for the purpose of quality control on the LGR process will shortly be received.

In the absence of the Police a written report had been issued to Members, this was much appreciated by Council and a copy is held on file.

– to allow members of the public to speak

The member of the public did not wish to speak.

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6. Notices and Correspondence

a. Other Items for Discussion

7.D. The Suffolk Fire and Rescue Service had issued a Draft Fire Action Plan for 2009 – 2010 with a questionnaire attached for views on the actions proposed. Members were asked to contact the Clerks if they wished to have a copy of the Draft Plan to make individual comment.

9.D. Members were reminded that informative extracts had been copied from the Local Council Review Vol 60 No 4 and attached to their agenda papers for information. Members expressed their appreciation of this.

13.D. Notification had been received from SALC regarding future training dates. Mr Beecroft will attend a day on the Freedom of Information Act as Council Staff are unable to do so.

Mrs Dunnett, former Administrative Assistant, had asked for her letter of resignation to be read to Council and the Clerk explained she had omitted to do so at the October meeting. With the Chairman's permission the Clerk read to Council the letter which is held on file..

A copy of the lists of Notices and Correspondence, including those for information only, and Reports and Mandates received, were issued to each Councillor and are attached at Annex 1 to the permanent copy of these minutes.


7. Financial Matters

a. Receipts and Payments Copies of the statements of Receipts and Payments were issued to each Councillor and are attached at Annex 2 to the permanent copy of these minutes. Council agreed the Receipts and Payments be accepted with no further discussion and settlement of the accounts was approved.

b. Transfer between accounts Council agreed a transfer of £11,300 be made from the Instant Access Account to the Ordinary Account. Later: This was increased by a further £9,590 after the decision at Item 14.

c. Transfer of Reserve Funds Council agreed that funds be transferred as detailed.

Product/service - Amount - Reserve fund
NCS Ltd Recycling credits - £163.07 - To Recycling
Sale of security equipment - £526.97 - To 3PT
Photocopier Rent 8/11- 07/2/09 - £1925.00 - From Photocopier
RFC grass cut & inspection - £48.46 - From RFC
Grass cutting - £17.00 - From Cedarwood Walk POS

d. Budget 1st April 2009 – 31st March 2010






e. Late items for information None.


8. Planning and Development Matters

Mrs Evans and Mr Walkling left the room for consideration of the second, third and fourth applications as listed at 8.a.iii

a. Planning applications received since 10th October 2008 The list of planning applications where comment was required, those which were not contentious and the decisions received, had been issued to each Councillor and is attached at Annex 3 to the permanent copy of these minutes. The P&D Committee approved the list of applications where no objections had been raised.

At iv: The Committee were advised that neither Mr Beecroft nor Mrs Read could attend the Development Control meeting but were pleased to hear that Mrs McCallum and Mr Grimwood had been appraised of Council concerns; Council were hopeful a site visit might be possible.

At viii: The Committee had been issued with a draft letter to be sent to the Planning Inspectorate and this was approved.

b. Street naming None.

c. Report on Town Council speaking at Development Control meetings This item should be taken by the P&D Committee at one of their meetings but as the staff are depleted at present no Committee meeting has been called as this is the only outstanding business. The Clerk reported that no representation has been necessary at Development Control meetings for many months as with the exception of 74 Bell Lane no Kesgrave applications have been taken to Committee. There will be a need for a representation at the informal hearing for Garden House but the date has yet to be received and the P&D Chairman and Clerk will then decide who should attend for the Town Council. Later: At a Chief Executive/Clerks meeting attended by Mrs Read, Mr Ridley, Head of Planning Services had drawn attention to Kesgrave's representation at DC Sub meetings and how positive this can be.

d. Late items for information None.


9. Recreation and Amenities Matters

a. Roads, footways and footpaths The Deputy Clerk advised Council of the following notifications received from SCC.

• A consultation with residents is being conducted regarding the puffin crossing to be installed east of St Michaels roundabout.
• Foxhall Road between Heath Road and Bell Lane will close from 7.00pm – 6.00am on the 19th to 21st November.

b. Pontins Walk Members were reminded of the difficulties being experienced in Pontins Walk which overlooks the Cedarwood School site and is separated from it by a cycle/footway. Although originally it had been anticipated that a grass verge strip would be adopted by SCC it has now been established this adoption has not taken place and all the land belongs to the householders. Several householders have moved their boundary treatment to a position adjacent to the cycle/footway. In some cases this is hedging and in others it is low level fencing.

SCDC have asked for KTC comment on the suggestion that householders be allowed knee height rail fencing at the boundary of the cycle/footway to prevent incursion on to their land by dogs, cyclists and pedestrians but that landscaping should be restricted to the original line to ensure line of sight is not restricted.

It was understood this could be achieved through enforcement by SCDC and although Members did not believe this solution to be ideal, after debate it was agreed to concur with the SCDC suggestion.

c. Trolley Coins The trolley coins have now been received and because of the artwork costs the price of each would be £1.06. Council agreed they should be sold at £1. Later: An article will be placed in Kesgrave News advertising these coins as possible Christmas gifts and adding that the jute bags may be available in December also.

d. Late items for information None.


10. Town Plan Revision

a. To receive Representatives report It had been anticipated Mrs McCallum would report in Mrs Klaschka's absence however Mrs McCallum was not present when this item was taken and no report had been received. Mr Walker had emailed to explain he is calling a Steering Group meeting to consider how to proceed following the October Council meeting and the offer from some Councillors connected with the original Town Plan to meet with the Steering Group.


11. Youth Provision

a. Youth Club Mr Beecroft reported he will be attending the Youth Club on Thursday evening for a question and answer session on Council issues. Mrs Evans is unable to accompany him but Miss Hall has agreed to attend.

b. Other Youth Issues Council were advised of the following:
– the next Youth Forum will be held on 13th January;
– a productive meeting was held at the Council Office on 4th November to consider the 2009 CWG event.


12. Boundary Review

SCDC have arranged for a number of Parish Liaison meetings in January and KTC will be invited to attend on Wednesday, 14th January 2009 at the Kesgrave Conference Centre. It was noted that despite continued pressure to have the name changed SCDC still refer to Ipswich Fringe Parishes.

13. Resolution to exclude the Public under the Public Bodies (Admission to Meetings) Act 1960

The Council resolved that the public and the press be excluded for consideration of Item 14.Cedarwood Green Teen Shelter since publicity would prejudice commercially sensitive information, and that these matters be deferred to follow Item 22 on the agenda. The following item was taken after Item 22 and is minuted there.

14. Cedarwood Green Teen Shelter


Mrs Ogden, Mr Comber and Mr Mills left the meeting for the following item.

15. Change of Custodian Trusteeship of KWMCC

An email had been received from the Secretary to the Trustees of the Community Centre stating that it was intended to change the Custodian Trusteeship from Kesgrave Town Council to the Official Custodian.

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The Chairman adjourned the meeting

Mrs Neale was invited to comment and she explained her understanding of the Charity Commission's views on Custodian Trusteeship.

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The meeting was reconvened

The Clerk was instructed to acknowledge the email from the Secretary to the Trustees of the Community Centre.

Members then went on to consider a copy letter received from Spark which had been sent to Mrs Neale as Chairman of the KWMCC querying whether or not the merger of the two charities is to take place. The letter had been copied to the Council in order for them to consider if they wished to comment on the situation.

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The Chairman adjourned the meeting

Mrs Neale was invited to comment and explained there had not yet been a meeting of the KWMCC to consider the letter but circumstances on both sides have changed since the beginning of the merger discussions and that there appeared to be a lack of communication in some areas.

She reassured Council that if an official approach was made to the KWMCC to take over the management of the MSG pavilion this would be duly considered.

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The meeting was reconvened

Council had been party to the original discussions regarding the merger of these two local charities which are committed to providing sport and recreation to Kesgrave residents. Members understood Spark are to meet later in the month when further discussions on the situation would take place. As the elected representatives for Kesgrave residents, and therefore with their interests at heart, Council had hoped that by merging the charities the resident facilities would benefit and agreed they would not wish to see this opportunity lost. The Clerk was instructed to write to both charities expressing this belief.


Mrs McCallum joined the meeting during the following item.

16. Communities in Control Consultation

Members had been issued with copies of the document received for consultation, which is held on file. Comments were invited in order for a response to be drafted for approval at the December meeting. Members were asked to forward any further comments they wished added to the Clerk during the intervening weeks.


17. Evening of Reflection

Members were reminded the Evening of Reflection will be held on the 19th December on Legion Green at 7.00pm. Stars are available for purchase at the usual price of 50p and refreshments will be available on the evening.


18. Match Funded (Buy Your Own) PCSO

The Service Level Agreement document is now being considered by the Police Legal Department and it is possible this will be signed before the December meeting.


19. Quality Status

There was nothing to report as discussions are still being held on various aspects of the requirements.


20. Resolution regarding Mr Bugg's extended leave of absence from meetings

Council resolved to approve the continued absence of Councillor Bugg who, because of illness, is unable to attend meetings but is keeping informed of Council affairs and is viewing and commenting on all Planning Applications.

This resolution was taken a month early to ensure there was no room for doubt of Council acceptance of the situation.


21. Report from Clerk and Press Officer

The Clerk reminded Members of the following:

1. The Civic Ceremony to be held on Legion Green on the 11th November

2. The need to respond to the Annual Reception invitation

3. It will be necessary to close the office to the public on Monday 8th December in order to prepare for the KTC meeting, and it may be necessary to close on other days.

Articles for inclusion in December Kesgrave News will be submitted on:–




22. To receive such other communication or matters of sufficient urgency and importance that the Chairman will allow for discussion

None.


The remaining members of the public left and Council were able to consider the following.

14. Cedarwood Green Teen Shelter

Members were issued with a report from Miss Hall, Project Officer, which is attached to the permanent copy of these minutes at Annex 4.

A site visit had been held between Wicksteed representatives, Mr Beecroft, Mr Comber, the Clerk, Miss Hall and Mr Garnham on 31st October. The Town Council representatives had believed the reason for this was to resolve the difficulties with the teenshelter. However the Wicksteed representatives' intention was to demand settlement payment.

Although Wicksteed maintained that the report they had commissioned from Urban Engineering upheld their suggestion that the anti-graffiti paint would not adhere to the Teen shelter they did not have the report to hand at the site visit on 31st October. On returning to the office after the site visit Miss Hall contacted Urban Engineering, who confirmed they still had the written report but could not release it to the Town Council. An email was sent to Wicksteed asking for them to confirm this could be released and the report was subsequently emailed from Wicksteed to KTC.

Members accepted the validity of the recommendations made by Miss Hall and Mr Garnham in her report to Council. However after considerable debate it was agreed that while it is still considered the amount demanded at the site meeting by the Wicksteed representatives was not justified Members are aware that to dispute this any more would prolong the matter still further, causing more additional expense to Kesgrave residents in staff hours and litigation costs. Reluctantly therefore they agreed to pay the amount which had been suggested at the site meeting of £6,000 retention fee and £2,162 being half the liquidated damages. At the same time they wished to make it clear to Miss Hall and Mr Garnham that they in no way considered these two people were responsible for the unfortunate outcome of this protracted process and the resulting conclusion. Later: Cheques were completed and signed on 11th November.

Members were reminded funds had remained in the Council account for several months longer than had been originally anticipated, earning additional interest and the retained half of the liquidated damages would cover a considerable portion of any work which might be necessary to tidy up the surface treatment of the teenshelter in the future.

It was also agreed the cheques when signed should be sent with a strongly worded letter to Wicksteed explaining that KTC believe they have been treated badly by Wicksteed who have throughout the entire issue failed to communicate within their organisation and with their sub-contractors effectively. This resulted in the poor workmanship on the teenshelter Wicksteed had contracted to install. The situation had been compounded by attending the last site meeting without the report that they relied upon to justify their position and which when it was received proved Miss Hall was correct in her statements both in written communications and at the site meeting that the anti graffiti coating had been wrongly applied.

Some consideration may be given to write to one of the in-house magazines about the experience.


23. Date of next meeting – Monday 8th December 2008 in the Council Chamber

The Chairman closed the meeting at 10.00pm

Chairman

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