BENWICK PARISH COUNCIL
Minutes of a Meeting of the Benwick Parish Council held on Tuesday 2 November 2010 in the side room of the Village Hall at 62 High Street Benwick commencing at 7.30 p.m.
Present:Cllrs: T Richardson; L Keppel-Spoor; P Tickner; M Chapman; R Few; G Thomas
H Langford; J Clark (CCC); PCSO I Moll; PC G Booth; PCSO M Bull
and six members of the public
Apologies for Absence:Cllrs R Butcher and PPotts – Neighbourhood Forum Grants Meeting
120/10Declarations of Interest
Councillors to declare any interests under the Local Code of Conduct in respect
of any item to be discussed at this meeting:-
a)Personal)
b)Prejudicial and Personal) Item 128/10 Village Hall/FOBC
Cllrs Richardson and Tickner
Item 137/10 Parish Council Web Site
Cllrs Keppel-Spoor and Langford
7.35-7.50Public Time
A resident asked how often is a visible police presence going to be in view of the recent burglary?
Cllr Langford replied that since the last meeting he had spoken to the Police and as a result they had changed their shifts to attend this meeting.
PCSO Moll stated that his area was Benwick; Eastrea; PondersBridge; Whittlesey and it was difficult to be everywhere. His shiftis8.00a.m.-4.p.m. and he visits Benwick at least twice a shift. He has spoken with FDC regarding drugs being used in the play park but they had found very little evidence of this last week.
PC Booth spoke of all the areas that he covers in Fenland not just Whittlesey. He urged the residents to contact them should they see any trouble.
Cllr Chapman spoke about the residents concerns over the escalating crime in Benwick.
A resident stated that there were more problems in the evenings and that the residents have no powers. If residents told the youngsters off they would just get abuse from them and in one instance a parent of a youngster who had been reprimanded broke the jaw of the resident concerned.
PCSO Moll stated that they were constantly reprimanding youngsters and generally they did not see them repeating their actions.
A resident stated that these were for minor problems and that the village wants the more serious matters dealt with.
Cllr Richardson stated that there has been an increase of more serious crime than that of several years ago.
PCSO Moll has asked for reports of incidents and timings over the next two months and he will then attend the Parish Meeting and give accurate timings of all visits to Benwick
Cllr Tickner asked if there was anyone available from 10.00 p.m. to 6.00 a.m.
PC Booth replied that there always ‘re-active’ police available to cover Benwick.
Cllr Richardson stated that residents had reported their concerns over the increase in crime and would like to see more police presence.
The Police were asked if either PC’s or PCSO’s could attend the Parish Council’s monthly meetings?
PCSO Bull replied that this was not possible but would try to attend as frequently as possible.
Cllr Richardson asked how many ASBO’s had been issued in the last three months.
PCSO Moll replied that they take out of the report Road Traffic Accidents and Domestic incidents but
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in the last two months there had been two reports of suspicious circumstances; two burglaries; three of criminal damage; two reports of violence and they had issued no ASBO’s.
Cllr Langford asked about e-Cops?
PCSO Bull stated that anyone can join and get regular updated reports on-line.
PCSO Moll left leaflets with information on how to register for e-Cops. He also stated that he has arranged for the graffiti to be cleaned from the play park.
A resident asked them to check a particular car which was causing obstruction at the bottom of High Street near the play park.
PCSO stated they would check when leaving the meeting. He also stated that people need to tell them of any suspicious circumstances as if they did not then the Police believed there were no problems so they spend their time where incidents are reported.
Cllr Richardson thanked them for attending the meeting.
The Police then left the meeting.
121/10Confirmation of Minutes
It was AGREED to defer the approval of the Minutes to allow for some alterations to be made.
Meeting held on 5 October alteration to 104/10(c) to remove ‘he had’ to ‘has been’
to alter the following in 105/10:
It was proposed by Cllr Thomas to ‘Accept the Village Hall Management Agreement’ and seconded by Cllr Few. A recorded vote was requested by Cllr Langford the acting Chair Cllr Keppel-Spoor cast a vote against with a result the
Motion was not carried.
The Clerk stated that she did not agree with the alterations to be made to the
Minutes of 12 October item 121/10 as the decision to do this was not as recorded
in her notes. ‘The acting Chair Cllr Keppel-Spoor cast a vote against with
the result that the Motion was not carried.’
122/10Matters Arising (Information only)
a)The Clerk has been given an addressin respect of the derelict butcher’s shop in High Street with a view to contacting the Enforcement Officer.
b)The Chair reported that the residents have now trimmed the overgrown trees in Whittlesey Road toRiverside footpath and they are now longer causing an
obstruction..
c)Update in respect of complaint from resident regarding anti-social
behaviour towards resident and his family. The matter has been reported
to Fenland Police who have now visited and are dealing with the matter.
123/10Police Matters
See Public Time.
124/10CountyCouncillors Report(s)/Communications
Cllr Clark reported that they were still waiting to receive new about the government
spending cuts. Some of the problems with the guided bus from St Ives to Cambridge havenow been resolved.
125/10Income & Expenditure
a) Members considered and AGREEDpayment for renewal of ICO subscription of
£35.00(2009/10 £35).
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b) Members considered and APPROVED the following accounts for payment:
DescriptionAmount
K PooleAdmin – October2010 252.60
Inland RevenuePAYE – month 7 71.25
J O CutteridgeCemetery/Verges for October 2010 411.26
The Information CommICO registration 35.00
MHB ServicesStreet Light Contractor 70.83
K PooleAnnual payment – home office/equip 150.00
MHB ServicesBalance of new street lights 78.76
E on Energy – ddEnergy Charge – September 10 99.40
Anglian Water – ddWater Rates 4.00
TOTAL £1,173.10
d)Clerk reported on the current bank balances at 31.10.10:
Alliance & Leicester 13,598.88
NSI11,101.90
24,700.78
Parish Plan 532.89
Verge Planting 354.61
£25,588.28
e)The Clerk reports that £82.69 has been received from FDC in respect
of recycling credits.
126/10Planning/Development
Pending Consideration:
F/YR10/0765/FMrs Eley – erection of 2-storey rear extension and
extension to side with self contained annexe over
involving demolition of existing rear extension –
27 Doddington Road Benwick – AGREED no
objections. Clerk
F/YR10/0787/EXTIME Mr & Mrs Linard – erect 4 bed det house with
garage/balcony over + 5.5m hub wind turbine –
49 Doddington Road Benwick – renewal of
YR07/0986/F – AGREED no objections. Clerk
Withdrawn:
F/YR10/0716/DEMMr C Sykes – demolition of dwelling and outbuildings –
8 Cambridge Row Benwick
Granted:
F/YR10/0605/0Mrs W Prince – erect dwelling – east 30 Doddington Road.
F/YR10/0665/0Mr I Oliver – erect 2 bed det chalet bungalow with single
garage-demolish existing building – west 40 Lilyholt Road.
Appeal: (still in progress)
F/YR09/0272/FScottish Power – erection of 9 x67m wind turbines –
(10/00032/REF)land north of Floods Ferry Farm Floods Ferry
127/10Highway Matters/Street Lighting/Transport
Highway Matters
a)Chair reports that work has now been completed on the footpath from
Whittlesey Road to Riverside (JFMHI).
b) Update from Clerk in respect of request from a resident for a
rubbish bin outside the village public house. FDC have looked at the
site and would have a problem installing a bin on the pavement because
the pavement is not wide enough not to cause an obstruction. They also
state that they do not install bins on private property so the pub frontage
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is also not suitable. They are looking at installing a bin beside the
bus shelter on the grass the other side of ChapelGarden’s bungalows.
The Cleansing Dept are also looking to move the bin beside the
recreation ground gate next to the pavement for easier access.
A further suggestion to ask for a bin next to the bench near the War
Memorial – AGREED to contact Ann Marshall. Clerk
c) The Clerk reports that CCC have looked at the footpath outside the old
Vicarage and have arranged for the few blue raised edgings in front to
be re-laid and the localised carriageway damage to be patched.
Transport:
d)Theweight limit petition collection of signatures is still on-going. Cllrs Keppel-
Spoor and Thomas
128/10Village Hall/Friends of BenwickChurch
Cllr Richardson quoted 12.2 and made a representation (‘aide-memoire’ notes attached) to the meeting and urged the Councillors to consider the motion. He
also read out an e-mail from Andrew Hall of CCC in which it was stated that in principle theCounty have no objection to the extension and the amendment to
the userprovisions to allow the extension/altered use. Provided the Parish Council
remains as the occupier and controls the overall use of the extended building
then he saw no need for a sub lease. A sub lease would only become necessary
if the Church or any other party has exclusive use or control of the extension or
any part of the building. He will need to see and approve the plans for the
extension before the Council’s Head of Legal Services could prepare a licence
to allow the alterations and any other amendments to the existing lease.
Cllrs Richardson and Tickner left the room.
Discussions then took place regarding a request from the Village Hall
Committee (ManagementTrustees).
The following proposal was proposed by Cllr Thomas and seconded by Cllr Few.
‘To send the Management Agreement and suggested changes to theLease to the Parish Council’s solicitor with a view to having the Management Agreement and
the Lease written in legal terms.
The Clerk asked if a recorded vote was needed. Cllr Langford confirmed this.
The voting was as follows:FORCllrs Thomas; Few and Chapman
AGAINSTCllr Langford
Cllr Keppel-Spoor abstained
The motion was APPROVED. ClerkCllrs Richardson and Tickner re-entered the room.
129/10Mooring Project
TheClerk reported that Middle Level are in the process of arranging their winter programme. Work was hoped to commence fairly shortly butpromised that the completed works would be on time. They will inform theClerk when the work
is to commence.
130/10Funding
a)The ‘Rural Capital Grant’ scheme and potential projects were still Cllr
on-going. Keppel-Spoor
b)The Chair regarding Community Shop suggested deferring this
item until further notice-AGREED.
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131/10Cemetery
a)Update from Chair regarding voluntary work to tidy cemeteries etc.
This has been passed to CCORN (by FDC) who have asked for a £20
donation per day to cover travel expenses. Contract will be made to
Jeanette Milner to request Probation Service to supply voluntary labour Cllr
for this work. Keppel-Spoor
b)The Chair reported that he and the Clerk had visited the cemetery
and checked the records with the graves/plot allocations and
believes that these are now in order.
After discussion it was AGREED to speak to local undertakers
to ascertain their views on using one gravedigger only as instructed
by the Parish Council. It was felt that one gravedigger would become
familiar with the cemetery and these problems should not arise in the
future. Clerk
A request was also made to check the register regarding a purchase
of a grave by a former resident. Clerk
132/10 Jointly Funded Minor Highway Improvement Scheme
The Clerk has received a reply from CCC stating that our bid was too late
so they were unable to consider it.
133/10Parish Plan
Cllr Keppel-Spoor reported that this is still on-going. Cllr Tickner stated
that she will contact Ross McGiven for advice in respect of arrangements to Cllr
formalise andcreate an action plan. Tickner
134/10Land Registry
Ownership details were still being looked into.Cllr Keppel-Spoor
135/10Neighbourhood Forum
The Chair reports that in a conversation with Dan Horn of FDChe was
informedthat all Parishes and Market Towns come under their Policing area.
The meeting this evening at Whittlesey is to discuss grant funding for the
forthcoming year.
Cllr Butcher reported that the next quarterly meeting will be held in Benwick.
136/10Little London Corner
The Clerk reported that she had no news at present regarding repair of fence. Clerk
Cllrs Keppel-Spoor and Langford left the room.
137/10Parish Council Web Site
After discussion on proposal put forward by A Keppel-Garner it was AGREED
that the proposal was a good idea but would defer the offer until after
the elections to be held next year. Clerk
Cllrs Keppel-Spoor and Langford re-entered the room.
138/10Correspondence
a)After discussion regarding the changes to the contracted Bus Services
it was AGREED to write strongly objecting to any further cuts to
services and wished them to remain as they currently were. Cllr Richardson
b)After discussion in respect of e-mails concerning ‘Digital TV
Switchover’and request by Cambs Acre for volunteers-it was
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AGREED that should anyone wish to volunteer to contact to
Cambs Acre direct.
c)E-mail circulated requesting support for ‘Safety Barriers Appeal’-
it was AGREED to send donations if wished personally.
d)Letter received from Victim Support requesting a contribution-no budget
monies for charity left for this year.
e)Letter from Magpas requesting a donation-no budget monies left.
f)Letter from Peterborough City Council station Hearing sessions for
‘Cambridgeshire and Peterborough Minerals and Waste Plan –
Examination of the Core Strategy’ will be held in the Barbican Room
Park House Shire Hall Castle Hill Cambridge CB3 0AP on Tuesdays
to Fridays between 30 November and 17 December 2010-individuals to
attend if wished.
g)Leaflets from Kings Lynn & West Norfolk B.C, detailing ‘Careline Alarm
Service’ were left in the main hall.
139/10Standing Orders
The Motion to approve amendments to Standing Orders to ‘allow electronic
recording of meetingsfor the purpose of the Minutes and to erase tapes after
Minutes approved’ – wereAGREED.
140/10Agenda Items/Next Meeting
The date of the next Parish Meeting will be Tuesday 7 December 2010. Items to be
included on the agenda should be with the Clerk by Monday 29 November 2010.
Budgets – Concurrent/Precept
Grass Contract Renewal
Cemetery – gravedigger.
Please note the Clerk will be on holiday from 10 November to 17 November 2010.
Meeting closed at 9.40 p.m.
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12.2 Statement Re: FOBC/VH
- Of 172 residents surveyed 66.3% supported the Church being built next to the Village Hall (Parish Plan).
- Both the FOBC and VHC have agreed to the ‘Church’ extension, with FOBC providing funding (approx £100k raised in the village).
- The Archdeacon of Ely has also agreed to the plans and has stated he is happy for the facility to be owned and used by the community under VHC management.
- I believe FOBC have a letter from the Archdeacon confirming that ‘weddings’ could take place in the new facility.
- FDC have already approved the planning permission.
- The legal advice received on both occasions from NALC clearly confirms ‘that BPC is the custodian trustee, holds the legal title of the charity‘s property (village hall) for and on behalf of thecharity and has no rolein the running of the charity. The trust deed appoints a committee of management for the charity which does not stipulate representation on it from BPC’.The fact that the VH is not a PC asset is also confirmed in our annual accounts.Further to this NALC also stated, ‘section 139(1)(b) Local Government Act 1972 prohibits a Parish Council from being a trustee of an ecclesiastical charity. An ecclesiastical charity includes an endowment which is held for the use of a building as a church, chapel, mission room or Sunday school or otherwise by any particular church or denomination. However, as the church part of the village hall would be available for several denominations and the Parish Council would only be acting as Custodian Trustee, this should not be a problem.’
- I now have an e-mail from Andrew Hall C.C.C. ‘Asset Services Manager’, stating that ‘In principle the County has no objection to the extension and the amendment to the user provisions to allow the extension/altered use’. This in response to an e-mail highlighting the concerns of CPALC, advice from NALC and the desires of the parties involved FOBC/VHC and the community at large for a ‘church’.I believe Cllr Clark can also provide further information on this matter.
Given the above, I urge the Parish Council members to consider this motion,to allow the VHC to pass on the documentation to those more eminently qualified legally, the BPC solicitor, Head of C.C.C’s Legal Services and The Charities Commission, to determine and agree what amendments need to be made (to the Lease and or the Charities ‘objects’) and what exactly can be delivered!
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