Meetings PC 2010

GESTINGTHORPE PARISH COUNCIL

WEDNESDAY 10th November 2010

November 2010 Agenda and Appendices and other papers for meeting

November 2010 Further documents

November 2010 Appenix B Receipts and Payments

November 2010 Minutes

For previous minutes, see below.

NOTE Information is now stored as Word Documents Click on the links

------------------------------------------------------------------------------------------------------------------

Thursday, 22^nd July 2010 at 7.30 p.m.

Minutes

Minutes July 2010

Notice of Meeting

The next Parish Council Meeting will be held at the Village Hall on Thursday, 22^nd July 2010 at 7.30 p.m.

Frances wells

Parish Clerk

A G E N D A

Apologies for absence
Declarations of Interest
Public speaking time – subject to a limit of 10 minutes
To agree the minutes of the May meeting
Matters arising from the May minutes
Reports from representatives
Highways/PROW matters
Planning matters - Ellis Farm
Playing Field - Cricket Pavilion maintenance
- S106 money

10. To Adopt new Model Standing Orders

11. Data Protection

12. Oates Centenary celebration

13. Receipts and payments - Appendix A

14. Correspondence and matters for report - Parish Support Grant

15. Any other business - for discussion & information only

16. Date of next meeting

GESTINGTHORPE PARISH COUNCIL Appendix A

22.07.10

RECEIPTS & PAYMENTS

Receipts since last meeting Total to date Budget forecast

Lloyds TSB

Interest payments

May 0.30p

June 0.29p

b/f £0.32p

0.59p

0.91p

£5 p.a.

ECC

Verge cutting – 1^st cut

373.95

747.

Payments made since those approved at last meeting Total to date Budget forecast (inc. VAT)

K Hutchinson

Verge cutting

£313.73

£700

Payments to be made (inc. VAT) Total to date Budget forecast

RCCE

Annual subscription

£40

£45

Playsafety Ltd

RoSPA inspection

£84.61

£95

Colne Skips

Hire of skips

£444.15

£450

APPENDIX on Standing Orders

1 Meetings

Mandatory for full Council meetings l

Mandatory for committee meetings l

Mandatory for sub-committee meetings l

●	a Meetings shall not take place in premises, which at the time of the meeting, are used for the supply of alcohol unless no other premises are available free of charge or at a reasonable cost.
● ●	b When calculating the 3 clear days for notice of a meeting to councillors and the public, the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning shall not count.
● ●	c Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for the public’s exclusion.
	d Subject to standing order 1(c) above, members of the public are permitted to make representations, answer questions and give evidence in respect of any item of business included in the agenda.
	e The period of time which is designated for public participation in accordance with standing order 1(d) above shall not exceed (10 ) minutes.
	f Subject to standing order 1(e) above, each member of the public is entitled to speak once only in respect of business itemised on the agenda and shall not speak for more than (2 ) minutes.
	g A record of a public participation session at a meeting shall be included in the minutes of that meeting.

	h Any person speaking at a meeting shall address his comments to the Chairman.
	i Only one person is permitted to speak at a time. If more than one person wishes to speak, the Chairman shall direct the order of speaking.
● ●	j Photographing, recording, broadcasting or transmitting the proceedings of a meeting by any means is not permitted without the Council’s prior (written) consent.
● ●	k In accordance with standing order 1(c) above, the press shall be provided reasonable facilities for the taking of their report of all or part of a meeting at which they are entitled to be present.
●	l Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman may in his absence be done by, to or before the Vice-Chairman (if any).
●	m The Chairman, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman, if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a Councillor as chosen by the Councillors present at the meeting shall preside at the meeting.
● ● ●	n Subject to model standing order 1 (y) below, all questions at a meeting shall be decided by a majority of the Councillors present and voting thereon.
● ● ●
●	p Unless standing orders provide otherwise, voting on any question shall be by a show of hands. At the request of a Councillor, the voting on any question shall be recorded so as to show whether each councillor present and voting gave his vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda.
● ● ●	q The minutes of a meeting shall record the names of councillors present and absent.
● ● ●	r The code of conduct adopted by the Council shall apply to councillors in respect of the entire meeting.
● ● ●	s An interest arising from the code of conduct adopted by the Council, the existence and nature of which is required to be disclosed by a Councillor at a meeting shall be recorded in the minutes.
●	t No business may be transacted at a meeting unless at least one third of the whole number of members of the Council are present and in no case shall the quorum of a meeting be less than 3.
● ● ●	u If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be adjourned. Any outstanding business of a meeting so adjourned shall be transacted at a following meeting.
	v Meetings shall not exceed a period of (2 1/2 ) hours.

2 Ordinary Council meetings

a In an election year, the annual meeting of the Council shall be held on or within 14 days following the day on which the new councillors elected take office.

b In a year which is not an election year, the annual meeting of a Council shall be held on such day in May as the Council may direct.

c In addition to the annual meeting of the Council, at least three other ordinary meetings shall be held in each year on such dates and times as the Council directs.

d The election of the Chairman and Vice-Chairman of the Council shall be the first business completed at the annual meeting of the Council.

e The Chairman of the Council, unless he has resigned or becomes disqualified, shall continue in office and preside at the annual meeting until his successor is elected at the next annual meeting of the Council.

f The Vice-Chairman of the Council, if any, unless he resigns or becomes disqualified, shall hold office until immediately after the election of the Chairman of the Council at the next annual meeting of the Council.

g In an election year, if the current Chairman of the Council has not been re-elected as a member of the Council, he shall preside at the meeting until a successor Chairman of the Council has been elected. The current Chairman of the Council shall not have an original vote in respect of the election of the new Chairman of the Council but must give a casting vote in the case of an equality of votes.

h In an election year, if the current Chairman of the Council has been re-elected as a member of the Council, he shall preside at the meeting until a new Chairman of the Council has been elected. He may exercise an original vote in respect of the election of the new Chairman of the Council and must give a casting vote in the case of an equality of votes.

i Following the election of the Chairman of the Council and Vice-Chairman of the Council at the annual meeting of the Council, the order of business shall be as follows.

Declarations of Interest

3 Proper Officer

a The Council’s Proper Officer shall be the clerk or such other employee appointed by the Council to undertake the role of the Proper Officer during the Proper Officer’s absence. The Proper Officer and the employee appointed to act as such during the Proper Officer’s absence shall fulfil the duties assigned to the Proper Officer in standing orders.

b The Council’s Proper Officer shall do the following.

[Sign and serve on councillors by delivery or post at their residences a summons confirming the time, date, venue and the agenda of a meeting of the Council and a
Give public notice of the time, date, venue and agenda at least 3 clear days before a meeting of the Council or a meeting of a committee or a sub- committee (provided that the public notice with agenda of an extraordinary meeting of the Council convened by councillors is signed by them).
Convene a meeting of full Council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office, in accordance with standing order [3(b)i] OR [3(b)ii] above.
Keep proper records required before and after meetings;

xiii Refer a planning application received by the Council to the Chairman or in his absence Vice-Chairman of the ( planning ) Committee] to facilitate an extraordinary meeting if the nature of a planning application requires consideration before the next ordinary meeting of [the Council]

4 Motions requiring written notice

a In accordance with standing order 3(b)(iii) above, no motion may be moved at a meeting unless it is included in the agenda and the mover has given written notice of its wording to the Council’s Proper Officer at least ( 7 ) clear days before the next meeting.

5 Motions not requiring written notice

a Motions in respect of the following matters may be moved without written notice.

6 Code of conduct (England)

a All councillors shall observe the code of conduct adopted by the Council.

b If paragraph 12(2) of the code of conduct contained in the Local Authorities (Model Code of Conduct) Order 2007 (SI No.1159) has been adopted by the Council or pursuant to relevant provisions in a statutory code of conduct in force at the time, councillors may exercise the rights contained in standing order 7(d) below only if members of the public are permitted to (i) make representations, (ii) answer questions and (iii) give evidence relating to the business being transacted.

c Councillors with a prejudicial interest in relation to any item of business being transacted at a meeting may (i) make representations, (ii) answer questions and (iii) give evidence relating to the business being transacted but must, thereafter, leave the room or chamber.

7 Disorderly conduct

a No person shall obstruct the transaction of business at a meeting or behave offensively or improperly.

b If, in the opinion of the Chairman, there has been a breach of standing order 10(a) above, the Chairman shall express that opinion and thereafter any councillor (including the Chairman) may move that the person be silenced or excluded from the meeting, and the motion, if seconded, shall be put forthwith and without discussion.

c If a resolution made in accordance with standing order 10(b) above, is disobeyed, the Chairman may take such further steps as may reasonably be necessary to enforce it and/or he may adjourn the meeting.

8 Rescission of previous resolutions

a A resolution (whether affirmative or negative) of the Council shall not be reversed within 6 months except either by a special motion, the written notice whereof bears the names of at least ( 4 ) councillors of the Council, or by a motion moved in pursuance of the report or recommendation of a committee.

b When a special motion or any other motion moved pursuant to standing order 8(a) above has been disposed of, no similar motion may be moved within a further 6 months.

9 Expenditure

a Any expenditure incurred by the Council shall be in accordance with the Council’s financial regulations.

b The Council’s financial regulations shall be reviewed once a year.

c The Council’s financial regulations may make provision for the authorisation of the payment of money in exercise of any of the Council’s functions to be delegated to a committee, sub-committee or to an employee.

10 Execution and sealing of legal deeds

a A legal deed shall not be executed on behalf of the Council unless the same has been authorised by a resolution.

[In accordance with a resolution made under standing order 10(a) above, any two members of the Council, may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures.]

11 Committees

a The Council may, at its annual meeting, appoint standing committees and may at any other time appoint such other committees as may be necessary

12 Extraordinary meetings

a The Chairman of the Council may convene an extraordinary meeting of the Council at any time.

b If the Chairman of the Council does not or refuses to call an extraordinary meeting of the Council within 7 days of having been requested to do so by two councillors, those two councillors may convene an extraordinary meeting of the Council. The statutory public notice giving the time, venue and agenda for such a meeting must be signed by the two councillors.

13 Accounts and Financial Statement

a All payments by the Council shall be authorised, approved and paid in accordance with the Council’s financial regulations, which shall be reviewed at least annually.

14 Estimates/precepts

a The Council shall approve written estimates for the coming financial year at its meeting before the end of January.

15 Unauthorised activities

a Unless authorised by a resolution, no individual councillor shall in the name or on behalf of the Council, a committee or a sub-committee:

inspect any land and/or premises which the Council has a right or duty to inspect; or

16 Confidential business

a Councillors and employees shall not disclose information given in confidence or which they believe, or ought to be aware is of a confidential nature.

17 Freedom of Information Act 2000

a All requests for information held by the Council shall be processed in accordance with the Council’s policy in respect of handling requests under the Freedom of Information Act 2000.

18 Relations with the press/media

a In respect to dealing with the press and/or other media, councillors shall not, in their official capacity, provide oral or written statements or written articles to the press or other media.

b Publications by the Parish Council for the parish magazine and village website to be agreed with the Chairman beforehand.

19 Financial matters

a The Council shall consider and approve financial regulations drawn up by the Responsible Financial Officer, which shall include detailed arrangements in respect of the following:

the accounting records and systems of internal control;
the assessment and management of financial risks faced by the Council;
the work of the Internal Auditor and the receipt of regular reports from the Internal Auditor, which shall be required at least annually;
the inspection and copying by councillors and local electors of the Council’s accounts and/or orders of payments;

b Any proposed contract for the supply of goods, materials, services and the execution of works with an estimated value in excess of [£60,000] shall be procured on the basis of a formal tender as summarised in standing order 30(c) below.

c Where the value of a contract is likely to exceed £138,893 (or other threshold specified by the Office of Government Commerce from time to time) the Council must consider whether the Public Contracts Regulations 2006 (SI No.5, as amended) and the Utilities Contracts Regulations 2006 (SI No. 6, as amended) apply to the contract and, if either of those Regulations apply, the Council must comply with EU procurement rules.

20 Variation, revocation and suspension of standing orders

a Any or every part of the standing orders, except those which are mandatory by law, may be suspended by resolution in relation to any specific item of business.

b A motion to permanently add to or to vary or to revoke one or more of the Council’s standing orders not mandatory by law shall not be carried unless two-thirds of the councillors at a meeting of the Council vote in favour of the same.

21 Standing orders to be given to councillors

a The Proper Officer shall provide a copy of the Council’s standing orders to a councillor upon delivery of his declaration of acceptance of office.

Appendix on DATA PROTECTION

LTN 38

November 2007

Introduction

Definitions

2. The 1998 Act again creates its own definitions. The important definitions are: -

“Personal Data” means data which relates to a living individual who can be identified:

from the data; or
from the data and other information which is in the possession of the data controller (see below), and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual;

“Data Subject” means an individual who is the subject of personal data;

“Data Controller” means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data is, or are to be, processed;

A data controller must be a “person” i.e. a legal person. This term comprises not only individuals but also organisations such as corporate and unincorporated bodies of persons and indeed companies. In the circumstances it is entirely appropriate for a council in its corporate entity to be the data controller for the purposes of the Data Protection Act.

“Processing” – Processing is very widely defined and it covers almost anything: “retaining, recording or holding……. including organisation, adaptation, or alteration, retrieval, consultation or use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, blocking, erasure or destruction of the data.”

Data Processing – The Eight Principles

3. The Data Protection Act applies to ‘personal data’ which is, as stated above, data about identifiable living individuals. Those who decide how and why personal data is processed (data controllers) must comply with the rules of good information handling, known as the data protection principles, and the other requirements of the Data Protection Act. There is not, in fact, a lot of difference between the principles, which were set out in the 1984 Act, and those now contained in the 1998 Act. There are still eight in number but the text of the first seven contains slightly more detail that the original set.

4. The eighth principle in the 1998 Act did not appear in the 1984 Act and relates to the prohibition on transferring personal data to countries that do not have an adequate level of protection.

The rules of good information handling – the principles

5. Anyone processing personal data must comply with the eight enforceable principles of good practice. They say that data must be:

processed fairly and lawfully and such processing must comply with at least one of a set of specified conditions (see below). Additional conditions apply to sensitive personal data;
adequate, relevant and not excessive in relation to the purpose or purposes for which it is processed;
accurate and where necessary, kept up-to-date;
not kept for longer than is necessary for the purpose or purposes for which it was processed;
processed in line with the rights of data subjects under the Act;
appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; and

Processing personal data

6. As stated above “processing” is broadly defined and it takes place when any operation or set of operations is carried out on personal data. The Act requires that personal data be processed “fairly and lawfully”. Personal data will not be considered to be processed fairly unless certain conditions are met. A data subject is also entitled to know the identity of the data controller and why information is, or is to be, processed.

7. Processing may only be carried out where one of the following conditions has been met:

the individual has given his or her consent to the processing;
the processing is necessary for the performance of a contract with the individual;
the processing is required under a legal obligation;
the processing is necessary to protect the vital interests of the individual;
the processing is necessary to carry out public functions; or
the processing is necessary in order to pursue the legitimate interests of the data controller or third parties (unless it could prejudice the interests of the individual)

8. In our opinion local councils will be able to rely on several of these conditions in ensuring they comply with the Act.

Processing sensitive data

9. A data controller who processes sensitive personal data must comply with one of the conditions listed in the Third Schedule to the Act. It is thus vital for data controllers to check all sensitive processing (if any) to see that it complies with one of the provisions listed. Sensitive personal data is personal data consisting of information as to – racial or ethnic origin; political opinions; religious or other beliefs; trade union membership; physical or mental health or condition; sex life; criminal proceedings or convictions.

10. Sensitive data can only be processed under strict conditions which include;

having the explicit consent of the individual;
being required by law to process the data for employment purposes;
needing to process the information in order to protect the vital interests of the data subject or another;

Paper files/manual records

11. The most significant change from the ‘old’ law is that manually processed information is included in the definition of ‘data’. Whereas the 1984 Act regulated the handling of electronic data only, the 1998 Act relates not only to automatically processed information but also to information which forms part of a “relevant filing system”.

12. The Act describes this as any set of information structured by reference to individuals or that can be accessed by reference to criteria relating to individuals. This definition means a significant amount of manual data falls within the scope of the Data Protection Act as does the extension of the definition of data to cover ‘accessible records’. Accessible records are broadly school pupil, housing, social services and health records to which access was previously available under other legislation.

13. The Information Commissioner (see below for address) has described a “set of information” as comprising a group of things under a common heading or identifier. Files headed: Contacts and Complainants for example could meet the criteria.

14. The personal data must also be capable of being accessed by reference to the individual or criteria relating to the individual. For example, the individual’s name, a correspondence ref. number, or a file number, address, age, or membership of an organisation.

15. Files concerned with matters of council policy are unlikely to fall within this definition.

Rights of Data Subjects

16. A person about whom information is held (a ‘data subject’) is entitled (usually for the payment of a fee of £10) to be informed by any ‘data controller’ whether any information is held on him / her and to:

a description of the data; and

17. The data subject is also entitled to request and receive information pertaining to:

the purposes for which the data is being held;
the recipients or classes of recipients to whom is may be disclosed; and

18. If the data has been processed by a computer in order to arrive at a decision and the outcome of such processing significantly affects the data subject, the individual concerned is entitled to be informed of the logic behind the decision – making process.

19. Where the processing of a data subjects personal data causes unwarranted and substantial damage or distress s/he is entitled to send a notice (the ‘data subject’ notice) to the data controller requiring the latter to cease such processing.

20. The data controller must, within 21 days, send the data subject a written notice stating that the request has been complied with or the reasons why he feels the data subject notice to be unjustified. Inadequate compliance with a data subject notice may be remedied by court order.

21. Similar provisions exist in respect of direct marketing personal data, in that a data subject can request a data controller to cease processing such data. Direct marketing is advertising or marketing material directed at individuals and therefore includes ‘junk mail’.

22. Individuals also have the right to have wrong information corrected, blocked from processing or erased.

Notification

23. Registration under the 1984 Act is replaced with notification. Most organisations (including local councils) will need to notify the Information Commissioner in broad terms, of the purposes of their processing, a description of the personal data processed, the recipients of the personal data processed and the places overseas to which any data is transferred. This information is made publicly available in a register. The processing of personal data without a notification is an offence punishable by a potentially unlimited fine. Notifications are renewable annually.

Exemptions

24. The 1998 Act does not apply to data processed for the purposes of safeguarding national security or for purely personal, family or household purposes.

25. Similar exemptions exist for data held for the prevention or detection of crime and for the assessment or collection of taxes as well as certain ‘regulatory activities’. Section 31 of the Act gives exemption to certain journalistic, literary or artistic material. This is not an exhaustive list.

As far as local councils are concerned exemptions may be available for certain specific circumstances namely:

Where personal data is processed for one or more of the following purposes only:

- staff administration (including payroll),

- advertising, marketing and public relations (of the council itself); or

- accounts and records;

Disclosures required by law;
Where disclosure is necessary for the purpose of legal proceedings or for obtaining legal advice;

26. Even where there is no requirement to notify the following will still impact for data

controllers:

The rules of good information handling (“the eight principles”) surrounding the processing of personal information must still be observed;
The rights of data subjects (the person who is the subject of the information) must still be complied with and,

Penalties

27. If the Information Commissioner is satisfied that a data controller has breached the legislation it is open to that Office to serve an enforcement notice requiring compliance. Failure to comply with such a notice can be a criminal offence punishable with a fine.

28. In addition, the court and Commissioner have power to award compensation to data subjects who suffer damage and distress as a result of any contravention by a data controller of any of the requirements of the Act.

How does the Act affect local councils?

29. Whilst exemptions to the requirement to notify exist (as outlined above) NALC takes the view that local councils will be hard pressed to argue that all their data processing falls within the scope of those exemptions. In short this is because local councils (like all local authorities) hold such a wide range of information.

30. Accordingly, councils will ordinarily need to take steps to “notify” (if they have not already done so). To reiterate this will mean councils forwarding to the Information Commissioner:

Its data controllers name and address;
The reasons why it is holding or processing data;
Whether the data will be disclosed, and to whom,
The names of any countries outside the EEA to which data may be transferred;

32. It is clear that councils are affected by the provisions of the Data Protection Act in a multitude of ways. “Personal data” may be as simple as holding someone’s name and address but in addition includes amongst other things details of complaints, lists of contacts, employee/personnel records and information provided for the purpose of placing a contract to which the data subject is a party. Images taken by CCTV systems can now also fall within the data protection regime.

33. The following are a number of practical considerations which a council may wish to bear in mind to help ensure it complies with the Act: -

vii. A council should ensure it only keeps the bare minimum amount of information necessary for its purposes. It should carry out regular reviews to check that all of the information asked for on such things as application forms or registration forms really is required and necessary.

viii. All data recorded must be accurate and where necessary kept up-to-date and deleted when no longer required.

Manual records

34. Filing cabinets must be locked outside of normal working hours and keys must be held securely by nominated staff. All papers should be securely locked away when not in use to prevent other people from inadvertently gaining access.

Computerised records

35. The following guidelines apply:

Access should be controlled by unique password and passwords should be changed on a regular basis;
Passwords and access controls should be kept secure when not in use;
Personal information should not be left displayed on screen when not in use;
Floppy discs/CD ROMS should be filed away securely and not left lying around;
If the personal information is held on a lap-top computer this should be locked away when not in use;

Elected members:

36. Where holding and processing personal data about individuals in the course of undertaking council business elected members will be covered by the authority’s notification and have the same responsibilities with regard to data protection as any employee of the authority.

Further Information

37. Responsibility for managing the notification scheme, enforcing the Acts requirements and promoting compliance and good practice lies with the Information Commissioner who’s address is: -

Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Information Line: 01625 54 57 45/ 08456 30 60 60

Switchboard: 01625 54 57 45

Fax: 01625 52 45 10

Website: http://www.ico.gov.uk/

The Information Commissioner provides advice and publishes useful guidance on the Act and can be consulted if a council is in doubt as to whether or not it needs to “notify”.

Other Legal Topic Notes (LTNs) relevant to this subject:

LTN	Title	Relevance
37	Freedom of Information	Sets out the information councils are obliged to disclose.
40	Local Council Documents and Records	Sets out the documentation councils should retain for legal and other purposes.

©

Appendix ROSPA PLAY AREA SAFETY INSPECTION REPORT

FOR

Gestingthorpe Parish Council

24th May 2010

ISO 9001

REGISTERE D FIRM

INTERNATIONAL

ACCREDITATION BOA RD

Certificate No.GB2000946 Registration No. 0044/1

RoSPA inspections are an independent safety assessment of the playground

and equipment and are produced by

PlaySafety Limited

The Old Barn

Wicklesham Lodge

Faringdon

Oxon SN7 7PN

Tel: 01367 244600 -Fax: 01367 244112

E-mail: Info@rospaplaysafety.co.uk Web Site:

http://www.rospaplaysafety.co.uk

The Introduction forms an essential component of this report

The following forms an integral part of the inspection

report

Reading it may save you unnecessary expenditure

(2010/11 No.1)

GESTINGTHORPE PARISH COUNCIL

PARISH COUNCIL MEETING

Held in the Village Hall

On Thursday, 20^th May 2010, at 7.30 p.m.

Present: Parish Councillors: J Nott (Chair), A Cooper, S Bolter, H W W Teverson, T Flower

Footpaths representative: Leslie Crumpton-Taylor

Parish Clerk

Apologies: Parish Cllrs N.M. Prior, R K Payne

District Cllrs Joanne Beavis, Wendy Scattergood

______________________________________

Cllr Nott opened the meeting and stood down as Chairman and asked for nominations for a Chairman for 2010/11.

1. Election of Chairman

It was resolved that James Nott be elected as Chairman for 2010/11. The Declaration of Acceptance of Office was signed.

Proposed: Cllr Teverson Seconded: Cllr Bolter

2. Election of Vice-Chairman
It was resolved that Richard Payne be elected as Vice Chairman for 2010/11.

Proposed: Cllr Nott Seconded: Cllr Teverson

3. Declarations of Interest

There were no declarations of interest.

4. Public Speaking
There were no members of public present.

5. Appointment of representatives & responsible members

The following representatives were appointed:

Playing Field Cllr N M Prior

Planning committee Cllrs J Nott, R Payne, S Bolter

Rents Fields Charity Cllr S Bolter

Village Hall & amenities Cllr T Flower

Tree Warden Cllr T Flower

Footpaths Leslie Crumpton-Taylor

Transport Clerk

Emergency Contacts All Councillors & Clerk

Neighbourhood Watch John Sinclair & Sylvia De La Roche

Highways Cllr W Teverson

Finance Cllr R Payne

Cllrs felt that a representative to co-ordinate the SID device was needed. Cllr Teverson will continue to be responsible for the batteries; Mr Atterton did not want to continue processing the information. An advert will be placed in the parish magazine for a volunteer.

6. Minutes
The minutes of the January meeting were agreed and signed.

7. Matters Arising from the January meeting

Cricket Pavilion Roof

Cllr Prior had sprayed the pavilion roof.
Cricket Pavilion Risk Assessment
Helen Willingham did not wish to continue updating the risk assessment. Cllr Prior will be asked to update the document.
County Broadband

Cllrs discussed the draft letter prepared by Cllr Bolter, agreed the changes, and the Clerk will send this to Lloyd Felton.

8. Matters Arising from the Annual Village Meeting

A problem with rabbits on the playing field had been raised. It was agreed to wait and see whether anything needed to be done.

9. Reports from Representatives

Footpaths

Cllrs discussed a report from Mr Crumpton-Taylor on footpaths 8, 10, 19, 58 & 67. Cllr Prior has cleared the path behind the Church. It was noted that 2 discs had been removed part way along FP8. It was agreed there were no major problems.

There were no other reports to be made, due to the recent village meeting.

10. Highways/Public Rights of Way maintenance
Pot Holes

Pot holes at the top of Nether Hill and Rectory Farm will be reported to Highways.

11. Planning

The Pheasant Public House - no decision has been made by BDC. It was felt that this had been going on for an unnecessarily long time.

Old House Farm - application has been granted.

Ellis Farm- a resident had complained about the work being carried out in constructing a runway. Cllrs felt this could be a safety issue, being close to houses and footpath. It was agreed to look back on the file to see what the last correspondence had been. The Clerk will write to the resident to keep them informed, also to Wendy Scattergood and Brian Taplin for further information.

12. Playing Field

See-saw - the new see saw had been installed and the old one removed. Cllr Teverson was thanked for removing this.
‘No Driving’ sign – it was queried where the ‘no driving’ sign at the crossroads end of the playing field was, and that joy riders had driven over the playing field. Cllrs were not aware of there having been a sign at that location.

Pavilion maintenance. – the pavilion was reported as getting badly weathered. This will go on the July agenda for further discussion.

Boundary dispute – no further correspondence had been received.

13. Annual Skip Hire

It was agreed to approach Mr Spencer to see whether a skip could be sited on his land, to try to stop passing traffic from using it.

14. To consider new Standing Orders
Cllrs discussed the new Model Standing Orders. It was agreed to keep them as simple as possible. Planning rules were discussed. The Clerk will edit in readiness for July meeting.

15. Review of Internal Controls

Cllrs discussed the current controls and all Cllrs agreed they were fully adequate.

16. Parish Council Insurance

Councillors considered the schedule. The SID belongs to Highways and is therefore not on the schedule. The see-saw had been added to the policy. The Clerk informed Cllrs of the Fidelity Guarantee cover requirements and it was agreed that we should ask The Henny’s PC for a reference letter. It was agreed to take up the offer of a 3 year insurance cover at a lower premium.

Proposed: Cllr Nott Seconded: Cllr Cooper

17. Receipt and Payments

Details of all receipts & payments had been circulated (Appendix A) and were authorised.

Proposed: Cllr Teverson Seconded: Cllr Bolter

18. Approval of Annual Accounts 2009/10

Mr Crumpton-Taylor had carried out an internal audit of the accounts, for which he was thanked. His report had been circulated.

The Receipts & Payments Summary, Supporting Statement and Fixed Asset register were agreed and signed.

The Annual Return Statement of Accounts, Section 1 was agreed and signed.

It was noted that the difference in Box 6 was mainly due to broadband costs in 2008/09.

The Annual Governance Statement was agreed and signed.

Proposed: Cllr Bolter Seconded: Cllr Cooper

19. Register of Interests

Cllrs were reminded of their obligations and that any changes to their interests must be notified within the 28 day timescale.

20. Correspondence & Matters for Report

Captain Oates Anniversary 2012

Mr Crumpton-Taylor suggested that we give consideration to twinning Gestingthorpe with the South Pole and approach the Antarctic research base. Cllr Flower knew of a contact who would be able to help and will pursue this further.

21. Any Other Business
Highways – Cllr Teverson reported that Delvyns Lane was in a terrible state and was being used by 4 x 4 vehicles. It was suggested that a gate be put across and be kept closed but not locked, to deter vehicles. Highways will be asked for the legal position of this idea. It was agreed that Highways will be asked if they can carry out repair works.

22. Date of Next Meetings

Thursday 19^th July 2010

The meeting closed at 9.25pm.

Date............................................... Chairman.............................................

GESTINGTHORPE PARISH COUNCIL

NOTICE OF MEETING

The next Parish Council Meeting (AGM) will be held at the Village Hall on Thursday, 20^th May 2010 at 7.30 p.m.

Frances wells

Parish Clerk

A G E N D A

Apologies for absence
Appointment of Chairman
Appointment of Vice-Chairman
Declarations of Interest
Public speaking time – subject to a limit of 10 minutes
Appointment of Representatives & Responsible Members:

Playing Field

Planning Committee

Rents Fields Charity

Village Hall & Amenities Group

Tree Warden

Footpaths

Transport

Emergency Contacts

Neighbourhood Watch

Highways

Finance Cllr

To agree the minutes of the January meeting
Matters arising from the January minutes
Matters arising from the Annual Village meeting

10. Reports from representatives

11. Highways/PROW matters

12. Planning matters - Ellis Farm

13. Playing Field - see saw
- boundary dispute

14. Annual skip hire - siting of skips

15. To consider new Model Standing Orders

16. To review effectiveness of Internal Audit system

17. PC Insurance - annual review

18. Receipts and payments - Appendix A

19. Approval of Annual Accounts

20. Register of Interests - reminder if any have changed

21. Correspondence and matters for report - Captain Oates Anniversary

22. Any other business - for discussion & information only

23. Date of next meeting

20.05.10 Appendix A

RECEIPTS & PAYMENTS

Receipts since last meeting

Total to date

Budget forecast

Lloyds TSB

Interest payments

January 40p

February 33p

March 31p

£1.04

April

b/f £3.33

1.04

£4.37

2009/10

£15 p.a.

2010/11

£5 p.a.

BDC

Street Cleaning Contract

£496.38

£485

BDC

½ year Precept

Parish Support Grant

£2358

£1519

£4715 annual

£1519

Payments made since those approved at last meeting (inc. VAT)

Total to date

Budget forecast

M Smith

Clearing moles on playing field

£52.00

2009/10

Not budgeted for

Anglian Water

Playing Field water meter £27.45

62.64

27.45

£90.09

£115

F Wells

½ year salary £688.74

£1377.48

£1374

F Wells

½ year Clerks expenses £83.55

including Cluster meeting refreshments

£174.91

£250

Sudbury Office Supplies

Photocopying Chairman’s report for circulation round village

£22.33

2010/11

£25

Fenland Leisure

See-saw

£1757.35

S106 monies from BDC

Payments to be made

		Total to date	Budget forecast

CPRE	Annual subscription	£29	£29
EALC	Annual subscription	£107.90	£107.90
Suffolk Acre	Annual insurance premium	£	£750
Local Council Review	Annual publication	£13.50	£15

---------------------------------------------------------------------------------------------------------------------------------------------------

Annual Accounts

Year Ended			Year Ended
2008/09			2009/10
	RECEIPTS
4500.00	Precept		4600.00
1482.00	Parish Support Grant		1519.00
484.74	Agency services (street cleaning)		484.74
221.85	Grant from BDC - pavilion ramp 08/09		0.00
3400.00	broadband 08/09		0.00
600.00	County Broadband for broadband project		0.00
133.10	Other Receipts: Interest/dividend		4.37
737.66	VAT refund		1124.26
52.00	Refund from EALC		0.00
100.00	Pavillion hire		100.00
743.18	ECC grass verge cutting contract		747.89
0.00	Refund from Playground Management		0.50
0.00	Payment for FOI documents		4.43
12454.53	Total Receipts		8585.19

	PAYMENTS
1295.25	General Administration:	Clerk salary	1377.48
193.10		expenses	174.91
24.42		Sudbury Office Supplies	18.15
120.00		Audit	135.00
13.50		Publications	66.00
52.00		EALC course fee	0.00
190.35		Essex CC for CRB checks	0.00
0.00		Land Registry search	5.00
100.00	S.137 Payments – Essex Air Ambulance		200.00
338.00	Agency Services:	Skips	358.00
110.00		Litter collecting	100.00
476.00		Grass verge cutting	635.00
147.78	Running Costs:playing field-	Anglian Water	90.09
2118.02		Grass cutting/strimming/spraying	1943.40
72.00		Equipment maint./safety inspection	75.50
99.50		Parts for Junior Swings	0.00
44.55		Fire extinguisher service/CO2 extinguisher	65.64
0.00		Control of Moles on playing field	52.00
550.00	Grants:	Church; Village Hall; Over 60's Club	550.00
162.35	Other Payments:	Subscriptions	173.92
1253.52		Insurance	705.01
25.00		Village Hall for activity day	25.00
261		Pavilion ramp	0
4000		Broadband	0
1124.26	VAT payments		415.09
12770.60	Total Payments		7165.19

	RECEIPTS & PAYMENTS SUMMARY
6784.02	Balance Brought Forward at 1st April 2009		6467.95
12454.53	ADD Total Receipts		8585.19
19238.55			15053.14
12770.60	LESS Total Payments		7165.19
6467.95	Balance C/F at 31.03.10		7887.95
	These Cumulative funds are represented by:
5948.89	Lloyds TSB Deposit A/C		6953.26
519.06	Current A/C		934.69
6467.95	less uncleared CQ's:		7887.95
0			0.00
6467.95			7887.95

GESTINGTHORPE PARISH COUNCIL

Fixed Asset Register 2009/10

Date of Acquisition	Description	Location	Cost or value	Date	Disposal Amount	Reason
Community Assets			(Value as per insurance)
	Cricket Pavilion	Playing field	38,882.00
Ramp – Aug 2009	Pavilion ramp		277.00
	Cricket practice net	Playing field	7,030.00
	3 timber seats	Playing field	3,147.00
	1 timber seat	Playing field
August 2006	2 bench seats	Playing field
1999	Play equipment:	Playing field
	Adventure Trail		4,099.00
	Tower unit		2,616.00
	Toddler unit		2,742.00
	Snail + rubber tile		536.00 £11,298
	Tractor + rubber tile		596.00
	Barriers to swings		179.00
	Basket ball hoop		530.00
	Village sign	Church Road	3,585.00
	Bus shelter	Church Road	3,896.00
31.03.08	wooden notice board	Adjacent to village hall	1,542.00

-----------------------------------------------------------------------------------------------------------------------------------------

Footpath Report 14^th May 2010 for presentation 20 May 2010.

At the Village Design Statement Meeting last night a resident from the middle of Gestingthorpe drew certain points to my attention and requested that I looked into them. I have just completed a criss-cross walk taking in footpaths 8, 67 (?), 58, 10 and 19. These are all behind the Church, Ellis Farm and Delvyns.

On footpath 8 about halfway between the turnoff footpath 58 (through Ellis Farm to the main road) and footpath 19 (along the southern boundary of the land belonging to the new houses in Delvyns Farm) there is a farm track which runs along the northern boundary of that land to the main road. This track is not a public footpath and there is a clear notice saying so. The oddity is that there is a short post bearing footpath disks from which two disks have been removed very recently. The remaining disks show the correct alignment of footpath 8 and as such it is now correct. It was suggested last night that the disks had said “permissive footpath”. I am not aware that there has been any problem there recently and if there was no formal agreement concerning the use of the path then there would seem to be no further cause for enquiry.
Ellis Farm. Footpath 58 through Ellis Farm to the road was fine and the proper route of footpath 8 across Ellis Farm was marked and used although probably a little less so than the detour slightly to the east. No problems to report.
Footpath 67 (from the junction of footpath 8 and 58 at Ellis Farm to the Church). There is a proper short post at the junction of 8 & 58 with sufficient disks to mark the start of footpath 67 along a headland. Going north for a short distance it should then swing north-west across the “landing strip” before going NNW straight to the Church. There are no suitable signs to this effect nor route marked through the crop. This footpath needs to be clarified on the ground. I am aware that there have been problems concerning this route in conjunction with a larger Ellis Farm dispute. The last bit through the crop I believe may be Mr Prior.
Footpath 10 (from the Church ENE to footpath 8). About halfway along this path is mapped as swinging from one side of the drainage ditch to the other. It now seems to do this much nearer the Church than I remember it. The path as it is now is wider and clearer than it used to be so from a walker’s point of view there is no problem.

Two weeks ago Gestingthorpe was included in the East Anglian Daily Times recommended walks. People were looking for “the field with the emu in it”.

Leslie Crumpton-Taylor. 14/05/2010

How to use model standing orders

As explained in How to use this publication (page 6), a word format of Part two is separately available free of charge to local councils in membership of the National Association of Local Councils (NALC) or One Voice Wales (OVW). This can be obtained from the members’ area of NALC’s website, from local County Associations (CALCs) or OVW. A word format of the model standing orders should assist local councils, in membership of NALC or OVW, to edit and adapt them for their own use.

Standing orders for the organisation and transaction of Councils’ business are decided by full Council. A committee or sub-committee may decide its own standing orders if its appointing body (which is the Council in the case of a committee or a committee in the case of a sub-committee) has not made standing orders which apply to them.

As explained in How to use this publication (page 6), the model standing orders in bold type should not be ignored or substantively amended unless the legislation out of which they are born changes. It is recommended that a Council adopts the model standing orders in bold type in their current form because these reflect statutory requirements. If a Council wants to slightly alter the wording of the model standing orders in bold type, any such amendments must not have the effect of undermining, overriding or conflicting with statutory requirements.

Model standing orders, not highlighted in bold type, do not incorporate statutory requirements. They are aimed at (i) highlighting matters that merit regulation by standing orders and (ii) encouraging use of standing orders to regulate routine administrative arrangements. They may be adapted in their current form but are more likely to require adapting or supplementing to suit a Council’s particular needs. Once again, a Council is reminded not to adopt standing orders which undermine, override or conflict with any requirements imposed by legislation.

Some model standing orders indicate by use of ‘( )’ that information must be inserted before being adopted.

Some model standing orders indicate by use of the term ‘OR’ that an alternative option may apply.

As explained in How to use this publication (see page 6), Part two does not include financial regulations, namely a comprehensive set of model standing orders for the regulation of a Council’s financial affairs and accounting procedures. Any reference in the model standing orders to financial regulations is a reference to a Council’s standing orders for the regulation of its financial affairs.

Index of model standing orders

Standing order		Page	Standing order		Page

1	Meetings	85	20	Estimates/precepts	106
2	Ordinary Council meetings	89	21	Canvassing of and recommendations by councillors	106
3	Proper Officer	91		Canvassing of and recommendations by councillors
4	Motions requiring written notice	93	22	Inspection of documents	107
5	Motions not requiring written notice	94	23	Unauthorised activities	107
6	Rules of debate	96	24	Confidential business	107
7	Code of conduct (England & Wales)	98	25	Power of well-being (England only)	108
8	Questions	100	26	Matters affecting council employees	108
9	Minutes	100		Matters affecting council employees
10	Disorderly conduct	101	27	Freedom of Information Act 2000	110
11	Rescission of previous resolutions	101	28	Relations with the press/media	110
12	Voting on appointments	102	29	Liaison with County, District and Unitary Councillors	110
13	Expenditure	102		Liaison with County, District and Unitary Councillors
14	Execution & sealing of legal deeds	102	30	Financial matters	111
15	Committees	103	31	Allegations of breaches of the code of conduct	112
16	Sub-committees	104	32	Variation, revocation and suspension of standing orders	114
17	Extraordinary meetings	104		Variation, revocation and suspension of standing orders
18	Advisory committees	105	33	Standing orders to be given to councillors	114
19	Accounts and Financial Statement	105		Standing orders to be given to councillors

1 Meetings

Mandatory for full Council meetings l

Mandatory for committee meetings l

Mandatory for sub-committee meetings l

●	a Meetings shall not take place in premises, which at the time of the meeting, are used for the supply of alcohol unless no other premises are available free of charge or at a reasonable cost.
● ●	b When calculating the 3 clear days for notice of a meeting to councillors and the public, the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning shall not count.
● ●	c Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for the public’s exclusion.
	d Subject to standing order 1(c) above, members of the public are permitted to make representations, answer questions and give evidence in respect of any item of business included in the agenda.
	e The period of time which is designated for public participation in accordance with standing order 1(d) above shall not exceed (10 ) minutes.
	f Subject to standing order 1(e) above, each member of the public is entitled to speak once only in respect of business itemised on the agenda and shall not speak for more than (2 ) minutes.
	g In accordance with standing order 1(d) above, a question asked by a member of the public during a public participation session at a meeting shall not require a response or debate.
	h In accordance with standing order 1(g) above, the Chairman may direct that a response to a question posed by a member of the public be referred to a Councillor for a oral response or to an employee for a written or oral response.
	i A record of a public participation session at a meeting shall be included in the minutes of that meeting.
	j [A person shall stand when requesting to speak and when speaking (except when a person has a disability or is likely to suffer discomfort)] OR [A person shall raise his hand when requesting to speak and stand when speaking (except when a person has a disability or is likely to suffer discomfort)]. The Chairman may at any time permit an individual to be seated when speaking.
	k Any person speaking at a meeting shall address his comments to the Chairman.
	l Only one person is permitted to speak at a time. If more than one person wishes to speak, the Chairman shall direct the order of speaking.
● ●	m Photographing, recording, broadcasting or transmitting the proceedings of a meeting by any means is not permitted without the Council’s prior (written) consent.
● ●	n In accordance with standing order 1(c) above, the press shall be provided reasonable facilities for the taking of their report of all or part of a meeting at which they are entitled to be present.

●	o Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman may in his absence be done by, to or before the Vice-Chairman (if any).
●	p The Chairman, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman, if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a Councillor as chosen by the Councillors present at the meeting shall preside at the meeting.
● ● ●	q Subject to model standing order 1 (y) below, all questions at a meeting shall be decided by a majority of the Councillors present and voting thereon.
● ● ●	r The Chairman may give an original vote on any matter put to the vote, and in the case of an equality of votes may exercise his casting vote whether or not he gave an original vote. (See also standing orders 2 (i) and (j) below.)
●	s Unless standing orders provide otherwise, voting on any question shall be by a show of hands. At the request of a Councillor, the voting on any question shall be recorded so as to show whether each councillor present and voting gave his vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda.
● ● ●	t The minutes of a meeting shall record the names of councillors present and absent.

	u If prior to a meeting, a Councillor has submitted reasons for his absence at the meeting which is then approved by a resolution, such resolution shall be recorded in the minutes of the meeting at which the approval was given.
● ● ●	v The code of conduct adopted by the Council shall apply to councillors in respect of the entire meeting.
● ● ●	w An interest arising from the code of conduct adopted by the Council, the existence and nature of which is required to be disclosed by a Councillor at a meeting shall be recorded in the minutes. (See also standing orders 7 and 8 below.)
●	x No business may be transacted at a meeting unless at least one third of the whole number of members of the Council are present and in no case shall the quorum of a meeting be less than 3.
● ● ●	y If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be adjourned. Any outstanding business of a meeting so adjourned shall be transacted at a following meeting.
	z Meetings shall not exceed a period of ( 2 1/2 ) hours.

2 Ordinary Council meetings

See also standing order 1 above

a In an election year, the annual meeting of the Council shall be held on or within 14 days following the day on which the new councillors elected take office.

b In a year which is not an election year, the annual meeting of a Council shall be held on such day in May as the Council may direct.

c If no other time is fixed, the annual meeting of the Council shall take place at 6pm.

d (England) In addition to the annual meeting of the Council, at least three other ordinary meetings shall be held in each year on such dates and times as the Council directs.

e (Wales) In addition to the annual meeting of the Council, other ordinary meetings may be held in each year on such dates and times as the Council may direct.

f The election of the Chairman and Vice-Chairman (if any) of the Council shall be the first business completed at the annual meeting of the Council.

g The Chairman of the Council, unless he has resigned or becomes disqualified, shall continue in office and preside at the annual meeting until his successor is elected at the next annual meeting of the Council.

h The Vice-Chairman of the Council, if any, unless he resigns or becomes disqualified, shall hold office until immediately after the election of the Chairman of the Council at the next annual meeting of the Council.

i In an election year, if the current Chairman of the Council has not been re-elected as a member of the Council, he shall preside at the meeting until a successor Chairman of the Council has been elected. The current Chairman of the Council shall not have an original vote in respect of the election of the new Chairman of the Council but must give a casting vote in the case of an equality of votes.

j In an election year, if the current Chairman of the Council has been re-elected as a member of the Council, he shall preside at the meeting until a new Chairman of the Council has been elected. He may exercise an original vote in respect of the election of the new Chairman of the Council and must give a casting vote in the case of an equality of votes.

k Following the election of the Chairman of the Council and Vice-Chairman (if any) of the Council at the annual meeting of the Council, the order of business shall be as follows.

In an election year, delivery by councillors of their declarations of acceptance of office.
Confirmation of the accuracy of the minutes of the last meeting of the Council and to receive and note minutes of and/or to determine recommendations made by committees.
Review of delegation arrangements to committees, sub-committees, employees and other local authorities.
Review of the terms of references for committees.
Receipt of nominations to existing committees.
Appointment of any new committees, confirmation of the terms of reference, the number of members (including, if appropriate, substitute councillors) and receipt of nominations to them.
Review and adoption of appropriate standing orders and financial regulations.
viii. Review of arrangements, including any charters, with other local authorities and review of contributions made to expenditure incurred by other local authorities.
ix. Review of representation on or work with external bodies and arrangements for reporting back.
x. (England) In a year of elections, if a Council’s period of eligibility to exercise the power of well being expired the day before the annual meeting, to review and make arrangements to reaffirm eligibility.
Review of inventory of land and assets including buildings and office equipment.
Review and confirmation of arrangements for insurance cover in respect of all insured risks.
Review of the Council’s and/or employees’ memberships of other bodies.
Establishing or reviewing the Council’s complaints procedure.We don’t have a complaints procedure
Establishing or reviewing the Council’s procedures for handling requests made under the Freedom of Information Act 2000 and the Data Protection Act 1998. We usually do this at the November meeting
xvi. Establishing or reviewing the Council’s policy for dealing with the press/media
xvii. Setting the dates, times and place of ordinary meetings of the full Council for the year ahead.

3 Proper Officer

a The Council’s Proper Officer shall be either (i) the clerk or such other employee as may be nominated by the Council from time to time or (ii) such other employee appointed by the Council to undertake the role of the Proper Officer during the Proper Officer’s absence. The Proper Officer and the employee appointed to act as such during the Proper Officer’s absence shall fulfil the duties assigned to the Proper Officer in standing orders.

b The Council’s Proper Officer shall do the following.

i. [Sign and serve on councillors by delivery or post at their residences a summons confirming the time, date, venue and the agenda of a meeting of the Council and a meeting of a committee and sub-committee at least 3 clear days before the meeting.]

OR

[Upon the Council having first resolved that service of summons on councillors confirming the time, date, venue and the agenda for a meeting by delivery or post at their residences at least 3 clear days before a meeting is not expedient electronically serve on councillors a summons confirming the time, date, venue and the agenda of a meeting of the Council and a meeting of a committee and a sub-committee at least 3 clear days before the meeting provided any such email contains the electronic signature and title of the Proper Officer].???

Give public notice of the time, date, venue and agenda at least 3 clear days before a meeting of the Council or a meeting of a committee or a sub- committee (provided that the public notice with agenda of an extraordinary meeting of the Council convened by councillors is signed by them).
iii. Subject to standing orders 4(a)–(e) below, include in the agenda all motions in the order received unless a councillor has given written notice at least ( ) days before the meeting confirming his withdrawal of it.
Convene a meeting of full Council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office, in accordance with standing order [3(b)i] OR [3(b)ii] above.
v. Make available for inspection the minutes of meetings.
Receive and retain copies of byelaws made by other local authorities.
vii. Receive and retain declarations of acceptance of office from councillors.
Retain a copy of every councillor’s register of interests and any changes to it and keep copies of the same available for inspection.
Keep proper records required before and after meetings;
Process all requests made under the Freedom of Information Act 2000 and Data Protection Act 1998, in accordance with and subject to the Council’s procedures relating to the same.
Receive and send general correspondence and notices on behalf of the Council except where there is a resolution to the contrary.
Manage the organisation, storage of and access to information held by the Council in paper and electronic form.
Arrange for legal deeds [to be sealed using the Council’s common seal] OR [to be signed by 2 councillors] and witnessed (See also model standing orders 14(a) and (b).)
Arrange for the prompt authorisation, approval, and instruction regarding any payments to be made by the Council in accordance with the Council’s financial regulations.
xv. Record every planning application notified to the Council and the Council’s response to the local planning authority in a book for such purpose;
xvi. Refer a planning application received by the Council to the [Chairman or in his absence the Vice-Chairman of the Council] OR [Chairman or in his absence Vice-Chairman (if any) of the ( planning ) Committee] within 2 working days of receipt to facilitate an extraordinary meeting if the nature of a planning application requires consideration before the next ordinary meeting of [the Council] OR [( ) committee].
xvii. Retain custody of the seal of the Council (if any) which shall not be used without a resolution to that effect.
Action or undertake activity or responsibilities instructed by resolution or contained in standing orders.

4 Motions requiring written notice

a In accordance with standing order 3(b)(iii) above, no motion may be moved at a meeting unless it is included in the agenda and the mover has given written notice of its wording to the Council’s Proper Officer at least ( 7 ) clear days before the next meeting.

b The Proper Officer may, before including a motion in the agenda received in accordance with standing order 4(a) above, correct obvious grammatical or typographical errors in the wording of the motion.

c If the Proper Officer considers the wording of a motion received in accordance with standing order 4(a) above is not clear in meaning, the motion shall be rejected until the mover of the motion resubmits it in writing to the Proper Officer in clear and certain language at least ( ) clear days before the meeting.

d If the wording or nature of a proposed motion is considered unlawful or improper, the Proper Officer shall consult with the Chairman of the forthcoming meeting or, as the case may be, the Councillors who have convened the meeting, to consider whether the motion shall be included or rejected in the agenda.

e Having consulted the Chairman or councillors pursuant to standing order 4(d) above, the decision of the Proper Officer as to whether or not to include the motion in the agenda shall be final.

f Notice of every motion received in accordance with the Council’s standing orders shall be numbered in the order received and shall be entered in a book, which shall be open to inspection by all councillors.

g Every motion rejected in accordance with the Council’s standing orders shall be duly recorded with a note by the Proper Officer giving reasons for its rejection in a book for that purpose, which shall be open to inspection by all councillors.

h Every motion and resolution shall relate to the Council’s statutory functions, powers and lawful obligations or shall relate to an issue which specifically affects the Council’s area or its residents.

5 Motions not requiring written notice

a Motions in respect of the following matters may be moved without written notice.

To appoint a person to preside at a meeting.
To approve the absences of councillors.
To approve the accuracy of the minutes of the previous meeting.
To correct an inaccuracy in the minutes of the previous meeting.
To dispose of business, if any, remaining from the last meeting.
To alter the order of business on the agenda for reasons of urgency or expedience.
To proceed to the next business on the agenda.
To close or adjourn debate.
To refer by formal delegation a matter to a committee or to a sub-committee or an employee.
To appoint a committee or sub-committee or any councillors (including substitutes)thereto.
To receive nominations to a committee or sub-committee.
To dissolve a committee or sub-committee.
To note the minutes of a meeting of a committee or sub-committee.
To consider a report and/or recommendations made by a committee or a sub- committee or an employee.
To consider a report and/or recommendations made by an employee, professional advisor, expert or consultant.
To authorise legal deeds [to be sealed by the Council’s common seal] OR [signed by two councillors] and witnessed.

(See standing orders 14(a) and (b) below.)

To authorise the payment of monies up to (£ 100 ).This is in Financial Regs
To amend a motion relevant to the original or substantive motion under consideration which shall not have the effect of nullifying it.
To extend the time limit for speeches.
To exclude the press and public for all or part of a meeting.
To silence or exclude from the meeting a Councillor or a member of the public for disorderly conduct.
To give the consent of the Council if such consent is required by standing orders.
xxiii. To suspend any standing order except those which are mandatory by law.
To adjourn the meeting.
To appoint representatives to outside bodies and to make arrangements for those representatives to report back the activities of outside bodies.
To answer questions from councillors.

b If a motion falls within the terms of reference of a committee or sub-committee or within the delegated powers conferred on an employee, a referral of the same may be made to such committee or sub-committee or employee provided that the Chairman may direct for it to be dealt with at the present meeting for reasons of urgency or expedience.

6 Rules of debate
Do we want rules of debate?

a Motions included in an agenda shall be considered in the order that they appear on the agenda unless the order is changed at the Chairman’s direction for reasons of expedience.

b Subject to standing orders 4(a)–(e) above, a motion shall not be considered unless it has been proposed and seconded.

c Subject to standing order 3(b)(iii) above, a motion included in an agenda not moved by the councillor who tabled it, may be treated as withdrawn.

d A motion to amend an original or substantive motion shall not be considered unless proper notice has been given after the original or substantive motion has been seconded and notice of such amendment, shall, if required by the Chairman, be reduced to writing and handed to the Chairman who shall determine the order in which they are considered.

e A Councillor may move amendments to his own motion. If a motion has already been seconded, an amendment to it shall be with the consent of the seconder.

f Any amendment to a motion shall be either:

to leave out words;
to add words;
to leave out words and add other words.

g A proposed or carried amendment to a motion shall not have the effect of rescinding the original or substantive motion under consideration.

h Only one amendment shall be moved and debated at a time, the order of which shall be directed by the Chairman. No further amendment to a motion shall be moved until the previous amendment has been disposed of.

i Subject to Standing Order 6(h) above, one or more amendments may be discussed together if the Chairman considers this expedient but shall be voted upon separately.

j Pursuant to standing order 6(h) above, the number of amendments to an original or substantive motion, which may be moved by a councillor, is limited to one.

k If an amendment is not carried, other amendments shall be moved in the order directed by the Chairman.

l If an amendment is carried, the original motion, as amended, shall take the place of the original motion and shall become the substantive motion upon which any further amendment may be moved.

m The mover of a motion or the mover of an amendment shall have a right of reply, not exceeding ( ) minutes.

n Where a series of amendments to an original motion are carried, the mover of the original motion shall have a right of reply in respect of the substantive motion at the very end of debate and immediately before it is put to the vote.

Subject to standing orders 6(m) and (n) above, a councillor may not speak further in respect of any one motion except to speak once on an amendment moved by another councillor or to make a point of order or to give a personal explanation.

p During the debate of a motion, a councillor may interrupt only on a point of order or a personal explanation and the councillor who was interrupted shall stop speaking. A Councillor raising a point of order shall identify the standing order which he considers has been breached or specify the irregularity in the meeting he is concerned by.

q A point of order shall be decided by the Chairman and his decision shall be final.

r With the consent of the seconder and/or of the meeting, a motion or amendment may be withdrawn by the proposer. A councillor shall not speak upon the said motion or amendment unless permission for the withdrawal of the motion or amendment has been refused.

s Subject to standing order 6(o) above, when a councillor’s motion is under debate no other motion shall be moved except:

to amend the motion;
to proceed to the next business;
to adjourn the debate;
to put the motion to a vote;
to ask a person to be silent or for him to leave the meeting;
to refer a motion to a committee or sub-committee for consideration;
to exclude the public and press;
to adjourn the meeting;
to suspend any standing order, except those which are mandatory.

t In respect of standing order 6(s)(iv) above, the Chairman shall first be satisfied that the motion has been sufficiently debated before it is seconded and put to the vote. The Chairman shall call upon the mover of the motion under debate to exercise or waive his right of reply and shall put the motion to the vote after that right has been exercised or waived. The adjournment of a debate or of the meeting shall not prejudice the mover’s right of reply at the resumption.

7 Code of conduct (England)

See also model standing orders 1(d)–(i) above

A revised statutory code of conduct is expected to come into force in 2010

SOMETHING ELSE TO ADOPT!!

a All councillors shall observe the code of conduct adopted by the Council.

b All councillors shall undertake training in the code of conduct within 6 months of the delivery of their declaration of acceptance of office.

c If paragraph 12(2) of the code of conduct contained in the Local Authorities (Model Code of Conduct) Order 2007 (SI No.1159) has been adopted by the Council or pursuant to relevant provisions in a statutory code of conduct in force at the time, councillors may exercise the rights contained in standing order 7(d) below only if members of the public are permitted to (i) make representations, (ii) answer questions and (iii) give evidence relating to the business being transacted.

d Councillors with a prejudicial interest in relation to any item of business being transacted at a meeting may (i) make representations, (ii) answer questions and (iii) give evidence relating to the business being transacted but must, thereafter, leave the room or chamber.

8 Questions

a A councillor may seek an answer to a question concerning any business of the Council provided ( ) clear days notice of the question has been given to the Proper Officer.

b Questions not related to items of business on the agenda for a meeting shall only be asked during the part of the meeting set aside for such questions.

c Every question shall be put and answered without discussion.

9 Minutes

a If a copy of the draft minutes of a preceding meeting has been circulated to councillors no later than the day of service of the summons to attend the scheduled meeting they shall be taken as read.

b No discussion of the draft minutes of a preceding meeting shall take place except in relation to their accuracy. A motion to correct an inaccuracy in the minutes shall be raised in accordance with standing order 5(a)(iv) above.

c Minutes, including any amendment to correct their accuracy, shall be confirmed by resolution and shall be signed by the Chairman of the meeting and stand as an accurate record of the meeting to which the minutes relate.

d If the Chairman of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, he shall sign the minutes and include a paragraph in the following terms or to the same effect:

“The Chairman of this meeting does not believe that the minutes of the meeting of the ( ) held on [date] in respect of ( ) were a correct record but his view was not upheld by the majority of the ( ) and the minutes are confirmed as an accurate record of the proceedings.”

e Upon a resolution which confirms the accuracy of the minutes of a meeting, any previous draft minutes or recordings of the meeting shall be destroyed.

10 Disorderly conduct

a No person shall obstruct the transaction of business at a meeting or behave offensively or improperly.

b If, in the opinion of the Chairman, there has been a breach of standing order 10(a) above, the Chairman shall express that opinion and thereafter any councillor (including the Chairman) may move that the person be silenced or excluded from the meeting, and the motion, if seconded, shall be put forthwith and without discussion.

c If a resolution made in accordance with standing order 10(b) above, is disobeyed, the Chairman may take such further steps as may reasonably be necessary to enforce it and/or he may adjourn the meeting.

11 Rescission of previous resolutions

a A resolution (whether affirmative or negative) of the Council shall not be reversed within 6 months except either by a special motion, the written notice whereof bears the names of at least ( ?? ) councillors of the Council, or by a motion moved in pursuance of the report or recommendation of a committee.

b When a special motion or any other motion moved pursuant to standing order 11(a) above has been disposed of, no similar motion may be moved within a further 6 months.

12 Voting on appointments

a Where more than 2 persons have been nominated for a position to be filled by the Council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a majority of votes is given in favour of one person. Any tie may be settled by the Chairman’s casting vote.

13 Expenditure

a Any expenditure incurred by the Council shall be in accordance with the Council’s financial regulations.

b The Council’s financial regulations shall be reviewed once a year.

(WE'LL SOON BE SPENDING A WHOLE MEETING REVIEWING THINGS!)

c The Council’s financial regulations may make provision for the authorisation of the payment of money in exercise of any of the Council’s functions to be delegated to a committee, sub-committee or to an employee.

14 Execution and sealing of legal deeds

See also standing order 5(a)(xvi) above

a A legal deed shall not be executed on behalf of the Council unless the same has been authorised by a resolution.

b [In accordance with a resolution made under standing order 14(a) above, the Council’s common seal shall alone be used for sealing a deed required by law. It shall be applied by the Proper Officer in the presence of two members of the Council who shall sign the deed as witnesses.]

(The above is applicable to a Council with a common seal.)

OR

[In accordance with a resolution made under standing order 14(a) above, any two members of the Council, may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures.]

(The above is applicable to a Council without a common seal.)

15 Committees

See also standing order 1 above

a The Council may, at its annual meeting, appoint standing committees and may at any other time appoint such other committees as may be necessary, and:

i. shall determine their terms of reference;
ii. may permit committees to determine the dates of their meetings;
iii. shall appoint and determine the term of office of councillor or non-councillor members of such a committee (unless the appointment of non-councillors is prohibited by law) so as to hold office no later than the next annual meeting;
iv. may appoint substitute councillors to a committee whose role is to replace ordinary councillors at a meeting of a committee if ordinary councillors of the committee have confirmed to the Proper Officer ( ) days before the meeting that they are unable to attend;
v. an ordinary member of a committee who has been replaced at a meeting by a substitute member (in accordance with standing order 15(a)(iv) above) shall not be permitted to participate in debate or vote on business at that meeting and may only speak during any public participation session during the meeting;
vi. may in accordance with standing orders, dissolve a committee at any time.

16 Sub-committees Do we need sub-committees?

See also standing order 1 above

a Unless there is a Council resolution to the contrary, every committee may appoint a sub-committee whose terms of reference and members shall be determined by resolution of the committee.

17 Extraordinary meetings

See also standing order 1 above

a The Chairman of the Council may convene an extraordinary meeting of the Council at any time.

b If the Chairman of the Council does not or refuses to call an extraordinary meeting of the Council within 7 days of having been requested to do so by two councillors, those two councillors may convene an extraordinary meeting of the Council. The statutory public notice giving the time, venue and agenda for such a meeting must be signed by the two councillors.

c The Chairman of a committee (or a sub-committee) may convene an extraordinary meeting of the committee or sub-committee at any time.

d If the Chairman of a committee (or a sub-committee) does not or refuses to call an extraordinary meeting within ( ) days of having been requested by to do so by ( ) councillors, those ( ) councillors may convene an extraordinary meeting of a committee (or a sub-committee). The statutory public notice giving the time, venue and agenda for such a meeting must be signed by ( ) councillors.

18 Advisory committees DON’T THINK WE NEED THIS

See also standing order 1 above

a The Council may appoint advisory committees comprised of a number of councillors and non-councillors.

b Advisory committees and any sub-committees may consist wholly of persons who are non-councillors.

19 Accounts and Financial Statement

DO WE NEED THIS ONE??

a All payments by the Council shall be authorised, approved and paid in accordance with the Council’s financial regulations, which shall be reviewed at least annually.

b The Responsible Financial Officer shall supply to each councillor as soon as practicable after 31 March, 30 June, 30 September and 31 December in each year a statement summarising the Council’s receipts and payments for the each quarter and the balances held at the end of a quarter. This statement should include a comparison with the budget for the financial year. A Financial Statement prepared on the appropriate accounting basis (receipts and payments, or income and expenditure) for a year to 31 March shall be presented to each councillor before the end of the following month of May. The Statement of Accounts of the Council (which is subject to external audit), including the annual governance statement, shall be presented to Council for formal approval before 30 June.

20 Estimates/precepts

a The Council shall approve written estimates for the coming financial year at its meeting before the end of January. WE DON'T HAVE WRITTEN ESTIMATES FROM PEOPLE LIKE GRAEME MARTIN & I THINK THIS IS A BIT EARLY. i THINK WE SHOULD JUST ADD A BIT ON TO THE FORECAST AS USUAL.

b Any committee desiring to incur expenditure shall give the Proper Officer a written estimate of the expenditure recommended for the coming year no later than December.

21 Canvassing of and recommendations by councillors

a Canvassing councillors or the members of a committee or sub-committee, directly or indirectly, for appointment to or by the Council shall disqualify the candidate from such an appointment. The Proper Officer shall disclose the requirements of this standing order to every candidate.

b A councillor or a member of a committee or sub-committee shall not solicit a person for appointment to or by the Council or recommend a person for such appointment or for promotion; but, nevertheless, any such person may give a written testimonial of a candidate’s ability, experience or character for submission to the Council with an application for appointment.

c This standing order shall apply to tenders as if the person making the tender were a candidate for an appointment.

22 Inspection of documents

a Subject to standing orders to the contrary or in respect of matters which are confidential, a councillor may, for the purpose of his official duties (but not otherwise), inspect any document in the possession of the Council or a committee or a sub-committee, and request a copy for the same purpose. The minutes of meetings of the Council, its committees or sub-committees shall be available for inspection by councillors.

23 Unauthorised activities

a Unless authorised by a resolution, no individual councillor shall in the name or on behalf of the Council, a committee or a sub-committee:

inspect any land and/or premises which the Council has a right or duty to inspect; or
issue orders, instructions or directions.

24 Confidential business

a Councillors [Wales: and employees] shall not disclose information given in confidence or which they believe, or ought to be aware is of a confidential nature.

b A councillor in breach of the provisions of standing order 24(a) above may be removed from a committee or a sub-committee by a resolution of the Council.

25 Power of well-being (England)

a Before exercising the power to promote well-being, a meeting of the full Council shall have passed a resolution to confirm it has satisfied the prescribed statutory criteria required to qualify as an eligible parish council. We don't qualify as an eligible PC

b The Council’s period of eligibility begins on the date that the resolution under standing order 25 (a) above was made and expires on the day before the annual meeting of the Council that takes place in a year of ordinary elections.

c After the expiry of its preceding period of eligibility, the Council continues to be an eligible council solely for the purpose of completing any activity undertaken in the exercise of the power to promote well-being which was not completed before the expiry of the Council’s preceding period of eligibility referred to in standing order 25(b) above.

26 Matters affecting council employees

a If a meeting considers any matter personal to a Council employee, it shall not be considered until the Council OR [the ( ) committee] OR [the ( ) sub-committee] has decided whether or not the press and public shall be excluded pursuant to standing order 1(c) above.

b Subject to the Council’s policy regarding absences from work, the Council’s most senior employee shall notify the Chairman of [the ( ) committee] OR [the ( ) sub-committee] or, in his absence, the Vice-Chairman of [the ( ) committee] OR [the ( ) sub-committee] of any absence occasioned by illness or urgency and that person shall report such absence to [the ( ) committee] OR [the ( ) sub-committee] at its next meeting.

c The Chairman of [the ( ) committee] OR [the ( ) sub-committee] or in his absence, the Vice-Chairman shall upon a resolution conduct a review of the performance and/or appraisal of [the employee’s job title] and shall keep a written record of it. The review and/or appraisal shall be reported back and shall be subject to approval by resolution by [the ( ) committee] OR [the ( ) sub-committee].

d Subject to the Council’s policy regarding the handling of grievance matters, the Council’s most senior employee (or other employees) shall contact the Chairman of [the ( ) committee] OR [the ( ) sub-committee] or in his absence, the Vice-Chairman of [the ( ) committee] OR [the ( ) sub-committee] in respect of an informal or formal grievance matter, and this matter shall be reported back and progressed by resolution of [the ( ) committee] OR [the ( ) sub-committee].

e Subject to the Council’s policy regarding the handling of grievance and disciplinary matters, if an informal or formal grievance matter raised by [the employee’s job title] relates to the Chairman or Vice-Chairman of [the ( ) committee] OR [the ( ) sub-committee], this shall be communicated to another member of [the ( ) committee] OR [the ( ) sub-committee], which shall be reported back and progressed by resolution of [the ( ) committee] OR [the ( ) sub-committee].

f Any persons responsible for all or part of the management of Council employees shall keep written records of all meetings relating to their performance, and capabilities, grievance and disciplinary matters.

g The Council shall keep written records relating to employees secure. All paper records shall be secured under lock and electronic records shall be password protected.

h Records documenting reasons for an employee’s absence due to ill health or details of a medical condition shall be made available only to those persons with responsibility for the same.

i Only persons with line management responsibilities shall have access to employee records referred to in standing orders 26(g) and (h) above if so justified.

j Access and means of access by keys and/or computer passwords to records of employment referred to in standing orders 26(g) and (h) above shall be provided only to (post holder) and/or the Chairman of the Council OR [the ( ) committee] OR [the ( ) sub-committee].

27 Freedom of Information Act 2000

a All requests for information held by the Council shall be processed in accordance with the Council’s policy in respect of handling requests under the Freedom of Information Act 2000.

b Correspondence from, and notices served by, the Information Commissioner shall be referred by the Proper Officer to the chairman of the ( ) committee. The said committee shall have the power to do anything to facilitate compliance with the Freedom of Information Act 2000 including exercising the powers of the Proper Officer in respect of Freedom of Information requests set out under standing order 3(b)(x) above.

28 Relations with the press/media

a All requests from the press or other media for an oral or written statement or comment from the Council shall be processed in accordance with the Council’s policy in respect of dealing with the press and/or other media.

b In accordance with the Council’s policy in respect to dealing with the press and/or other media, councillors shall not, in their official capacity, provide oral or written statements or written articles to the press or other media.

29 Liaison with District and County or Unitary Councillors

a An invitation to attend a meeting of the Council shall be sent, together with the agenda, to the councillor of the District and County or Unitary Council [in Wales: County Borough and County Council] representing its electoral ward. I SEND THIS ANYWAY - DO WE REALLY NEED THIS TO BE STATED?

b Unless the Council otherwise orders, a copy of each letter sent to the District or County or Unitary Council [in Wales: County Borough and County Council] shall be sent to the District or County or Unitary Council [in Wales: County Borough and County Council] councillor representing its electoral ward.

30 Financial matters

a The Council shall consider and approve financial regulations drawn up by the Responsible Financial Officer, which shall include detailed arrangements in respect of the following:

the accounting records and systems of internal control;
the assessment and management of financial risks faced by the Council;
the work of the Internal Auditor and the receipt of regular reports from the Internal Auditor, which shall be required at least annually;
the inspection and copying by councillors and local electors of the Council’s accounts and/or orders of payments;
procurement policies (subject to standing order 30(b) below) including the setting of values for different procedures where the contract has an estimated value of less than £60,000.

b Any proposed contract for the supply of goods, materials, services and the execution of works with an estimated value in excess of [£60,000] shall be procured on the basis of a formal tender as summarised in standing order 30(c) below.

c Any formal tender process shall comprise the following steps:

a public notice of intention to place a contract to be placed in a local newspaper;
a specification of the goods, materials, services and the execution of works shall be drawn up;
tenders are to be sent, in a sealed marked envelope, to the Proper Officer by a stated date and time;
tenders submitted are to be opened, after the stated closing date and time, by the Proper Officer and at least one member of the Council;
tenders are then to be assessed and reported to the appropriate meeting of Council or Committee.

d Neither the Council, nor any committee, is bound to accept the lowest tender, estimate or quote.

e Where the value of a contract is likely to exceed £138,893 (or other threshold specified by the Office of Government Commerce from time to time) the Council must consider whether the Public Contracts Regulations 2006 (SI No.5, as amended) and the Utilities Contracts Regulations 2006 (SI No. 6, as amended) apply to the contract and, if either of those Regulations apply, the Council must comply with EU procurement rules.

31 Allegations of breaches of the code of conduct

a On receipt of a notification that there has been an alleged breach of the code of conduct the Proper Officer shall refer it to a committee known as the ( ) committee.

b Where the notification relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chairman of the ( ) committee of that fact, who, upon receipt of such notification, shall nominate a person to assume the duties of the Proper Officer set out in the remainder of this standing order, who shall continue to act in respect of that matter as such until the complaint is resolved.

c Where a notification relates to a complaint made by an employee (not being the Proper Officer) the Proper Officer shall ensure that the employee in question does not deal with any aspect of the complaint.

d The subject matter of notifications shall be confidential and, insofar as it is possible to do so by law, the Council (including the Proper Officer and the Chairman of the ( ) committee) shall take the steps set out below, together with other steps considered necessary, to maintain confidentiality.

Draft the summonses and agendas in such a way that the identity and subject matter of the complaint are not disclosed.
Ensure that any background papers containing the information set out in standing order 31(a) above are not made public.
Ensure that the public and press are excluded from meetings as appropriate.
Ensure that the minutes of meetings preserve confidentiality.
Consider any liaison that may be required with the person or body with statutory responsibility for the investigation of the matter.

e Standing order 31(d) above should not be taken to prohibit the Council (whether through the Proper Officer or the Chairman of the ( ) committee or otherwise) from disclosing information to members and officers of the Council or to other persons where such disclosure is necessary to deal with the complaint or is required by law.

f The ( ) committee shall have the power to:

seek documentary and other evidence from the person or body with statutory responsibility for investigation of the matter;
seek and share information relevant to the complaint;
grant the member involved a financial indemnity in respect of legal costs, which shall be in accordance with the law and subject to approval by a meeting of the full Council.

g References in standing order 31 to a notification shall be taken to refer to a communication of any kind which relates to a breach or an alleged breach of the code of conduct by a councillor.

32 Variation, revocation and suspension of standing orders

a Any or every part of the standing orders, except those which are mandatory by law, may be suspended by resolution in relation to any specific item of business.

b A motion to permanently add to or to vary or to revoke one or more of the Council’s standing orders not mandatory by law shall not be carried unless two-thirds of the councillors at a meeting of the Council vote in favour of the same.

33 Standing orders to be given to councillors

a The Proper Officer shall provide a copy of the Council’s standing orders to a councillor upon delivery of his declaration of acceptance of office.

b The Chairman’s decision as to the application of standing orders at meetings shall be final.

c A councillor’s failure to observe standing orders more than 3 times in one meeting may result in him being excluded from the meeting in accordance with standing orders.

Provisional minutes

PARISH COUNCIL MEETING

Held in the Village Hall

Thursday, 21^st January 2010, at 7.30 p.m.

Present: Parish Councillors: J Nott (Chair), R K Payne, A Cooper, S Bolter, N M. Prior,

H W W Teverson, T Flower

Footpaths representative: Leslie Crumpton-Taylor

Neighbourhood Watch representative: John Sinclair

1 member of public

Parish Clerk

District Cllrs Joanne Beavis, Wendy Scattergood

Apologies: CCllr D Finch, DCllr Fred Swallow

______________________________________

Cllr Nott opened the meeting and welcomed John Sinclair and David Smith.

He asked for nominations for the Parish Council Chairman vacancy.

1. Election of Chairman
Cllr Teverson proposed James Nott be elected as Chairman, seconded by Cllr Payne.
The Declaration of Acceptance of Office was signed.

2. Election of Vice-Chairman
Cllr Nott proposed Richard Payne be elected as Vice-Chairman, seconded by Cllr Prior.

3. Co-option to fill Parish Council Vacancy
Cllr Nott proposed Terry Flower be co-opted on to the Parish Council, seconded by Cllr Bolter and unanimously agreed. The Declaration of Acceptance of Office was signed.

4. Public Speaking
The meeting was adjourned for members of the public to make comments.

Mr Crumpton-Taylor reported on the recent Ofsted inspection at Bulmer St Andrews School, which had been given a ‘Good’ grade. He informed the meeting that a weather stand is to be erected in the School grounds for which money had been specially designated. Due to the number of pupils the School will be going down to three classes from September. Mr Crumpton-Taylor was thanked for his report.

Mr Smith congratulated Mr Crumpton-Taylor on the School report. He drew attention to the direction sign on the main Hedingham Road, which was reflective and a potential danger. He asked whether there were to be two Speed Indicator signs and was informed that only one sign would be in place, due to funding. Mr Smith suggested that the signs be rotated so that they were sited at either end of the village at three monthly intervals, rather than being at one end of the village for six months. He asked who was responsible for clearing the leaves off the pavement in Church Street. The Cllrs said they would discuss this further. Mr Smith commented that the Parish Council had replied on the planning application at The Pheasant and also a Councillor as an individual. Cllr Bolter advised that he had replied following extra evidence. Mr Smith felt that the description of a Cartlodge was misleading.

The meeting was reconvened.

2. Declarations of Interest

DCllr Wendy Scattergood declared a personal interest in any planning matters, being Chairman of the BDC Planning Committee. She declared a prejudicial interest on agenda item 12, National Grid proposed overhead lines, due to her private home being near to the Twinstead Tee.

3. Minutes
The minutes of the November meeting were agreed and signed.

4. Matters Arising from the Minutes

Water Meter repair work

Anglian Water had carried out work and this appeared to have resolved the leak.

Ditch alongside Sudbury Road

The ditch has now been cleaned out.

Cricket Pavilion Roof

The cricket club will spray the pavilion roof in the Spring.
Insurance valuation
An independent valuation for insurance purposes had been carried out, which showed that our cover is adequate.
Web site

Cllr Bolter reported an improvement but thought that a volunteer was needed to improve the look of the website further.

5. Reports from Representatives
Village Hall

There was nothing to report at present.

Neighbourhood Watch
The new Neighbourhood Watched representative, Mr Sinclair, gave an update. He has taken on the job jointly with his neighbour Sylvia De La Roche. Cllr Teverson asked that if anyone saw any incidents of hare coursing, to report this to the police.

Footpaths

There were no footpath issues but Mr Crumpton-Taylor mentioned he had been asked by the Electricity Board how to get to posts on farmers’ land; he had advised them that the agreements are between farmers for maintenance.

Village Design Statement

Cllr Bolter gave an update. The survey is being evaluated and analysed. The next meeting takes place on 6^th February when it is hoped a report will be produced.

6. Highways/Public Rights of Way maintenance
Byeway 13

ECC had advised there is no work planned in this financial year.
North End Road
Four cars were reported as going through the hedge due to the road not being gritted.
Batt Hall Road
Concern was raised that this road does not get gritted and is very icy.
It was agreed the PC will write to CCllr Finch to report North End Road, Batt Hall Road and
Bradley Hill, Clare, as particularly icy roads that are not gritted.

7. Planning

All planning applications received and decisions made since the last meeting were itemised on Appendix A.

Cllrs discussed The Pheasant Public House application. The PC had not objected to the cartlodge. Points mentioned were that it is a good source of employment for the village and is better positioned than the first application. DCllr Scattergood advised that the reasons for refusal previously were that it didn’t meet car parking standards, it was blocking the view and was outside the village envelope.

8. Speed Indicator Device
A letter of complaint had been received on the positioning and that a drainage channel had been blocked. The Chairman will visit the complainant to discuss the problems. The PC will ask Highways to cut another channel and ask for the other two sockets to be put in place. The Palm is not working and Mr Collett is dealing with this.

9. National Grid Proposed Overhead Lines
DCllr Scattergood left the room.

Several councillors had been to the public meetings to see the plans. Cllr Bolter attended the Halstead Local Committee meeting and reported that BDC are strongly opposed to the pylons. It was agreed that the PC would write to National Grid to oppose overhead lines in preference of putting them underground and to oppose a substation being located near Parkgate Farm.

DCllr Scattergood returned to the meeting.

9. Playing Field

See-saw- It was agreed to order the 4 seater see-saw. DCllr Scattergood will chase for a reply from BDC on what the next step is. Cllr Teverson offered to remove the old seesaw.
Joy riders - It was reported that joy riders had driven on the playing field when the snow was on the ground.

Moles - moles are making a mess around the play area. Cllrs Nott and Teverson will look at the area and see what is the best option to resolve the problem. Cllr Scattergood will enquire with Castle Hedingham for more information on how they had dealt with moles.

10. Playing Field Boundary Dispute

The PC had sent a letter to Mr Sharp following the November meeting. No reply had been received to date.

11. Community Broadband

It was agreed that Cllr Bolter would draft a letter to Lloyd Felton to complain about the reliability and poor service received.

15. Annual Contracts

An alternative quote for cutting the playing field had resulted in a much lower price. It was agreed to negotiate with BDC for the lower price of £70 per cut, failing which an alternative contractor would be hired. It was agreed to use Ken Hutchinson for verge cutting and Graeme Martin for strimming, mowing and litter picking.

16. Grants 2010/11
It was agreed to give the usual grants to the village hall, Oates Churchyard Charity and the
Over 60’s Club of £200, £300 and £50 respectively.

17. Annual Review of Clerks Salary/Contract

It was agreed to raise the Clerks payscale by one level for 2010/11, to SPC 19, which would result in an increase of around £65.

18. Parish Council Finance

Details of all receipts & payments had been circulated (Appendix B) and were authorised.

19. Budget & Precept 2010/11

The budget forecast for 2010/11 was considered. The PC will start to build a reserve for local elections in 2011. It was agreed to increase the Precept by 2.5%.

The Precept for 2010/11 was agreed at £4715; the form was signed by the Chairman and Clerk.

19. Correspondence & Matters for Report

Cluster Meeting

Gestingthorpe will be hosting the next meeting; the date was agreed as March 18^th. Suggested items for the agenda were gritting, pot hole repairs and Highway Rangers.

20. Any Other Business
Cllr Scattergood spoke about the condition of Edey’s Farm, and that an urgent works order is in place following a meeting with the historic buildings officer. She will keep us informed.
Cllr Beavis gave an update regarding the use of Causeway House and that the Council offices would not be moving from that location as previously thought.

21. Date of Next Meetings

Thursday 18^th March 2010 - Cluster Meeting

Thursday 22^nd April 2010 - Annual Village Meeting

Thursday 20^th May 2010 - Parish Council AGM

All commencing at 7.30pm in the Village Hall.

The meeting closed at 9.30pm.

Date............................................... Chairman..................................................

APPENDIX A

21.01.2010

PLANNING APPLICATIONS CONSIDERED SINCE LAST MEETING

Location PC Comment BDC Decision

09/01647/FUL

The Pheasant Public House

Erection of detached cartlodge

No objection, recommend plans are granted.

Cartlodge is sympathetically positioned on the site and reduced height has reduced impact on street scene & when viewed from countryside to the east. Interior hall/landing lighting should be designed to minimise spill outside. PH is a benefit to the village in facility & employment.

10/00007/FUL & 10/00008/LBC

Old House Farm, Little Maplestead Road

Extension of existing porch

Just received – still to consider

Planning decisions on previous applications:

0909/01319/LBC Foundry House, North End Road GRANTED

Installation of partition and new doorway to form a new first floor bathroom

Appendix B 21.01.10

RECEIPTS & PAYMENTS

Receipts since last meeting

Total to date

Budget forecast

Lloyds TSB

Interest payments

November 38p

December 37p

75p

£2.58

.75

£3.33

£15 p.a.

ECC

Verge cutting contract

2^nd instalment £373.94

£747.89

£760

Cricket Club

Pavilion Rent

£100

Payments made since those approved at last meeting

(inc. VAT)

Payments made since those approved at last meeting

(inc. VAT)

Total to date

Budget forecast

Chubb Fire Ltd

Fire extinguisher service

£29.50

£60

J & E Nott

Fire extinguisher

£46

(Comes under Chubb Fire budget above)

Essex Air Ambulance

S137 donation

£200

BDC

Grass cutting contract

£1677.16

£1750

Payments to be made

Payments to be made

Total to date

Budget forecast

Graeme Martin

Strimming/mowing/litter picking

£585

£800

Oates Churchyard Charity

Annual Grant for churchyard maintenance

£300

Village Hall

Annual Grant

£200

Over 60’s Club

Annual donation

£50

Appendix C

BUDGET FORECAST FOR 2010/11

At 31.12.09
Current A/C Bal		£ 821.00
Deposit A/C Bal		£ 8 952.00
Total balances to date		£ 9 773.00

LESS expected expenditure
up to 31/03/10
Clerks salary		£ 688.74
Clerks expenses		£ 158.00
Publications		£ 14.00
Training courses		£ 120.00
Grants - church,hall,over 60's		£ 550.00
Anglian Water		£ 30.00
		£ 1 560.74
ADD expected income
up to 31/03/10
Pavilion hire		£ 100.00

Approx balance to c/f @ 31/03/10:

		£ 9 773.00
	LESS	£ 1 560.74
	ADD	£ 100.00
	TOTAL	£ 8 212.26

PSG is frozen for 2010/11

Grants - do we have any projects that might need grant funding?

Started to allow for elections May 2011, in case we have a contested election and in case BDC put up the fees.

BUDGET FORECAST FOR 2010/11		ACTUAL	Est. at Jan	Total spent	vat	Estimate
CLERK/OFFICE		2008/09	for 2009/10	at 31.12.09	to reclaim	for 2010/11
CLERKS SALARY		£ 1 295.25	£ 1 374.00	£ 688.74		£ 1 400.00
CLERKS EXPENSES/POST/PHONE/SUNDRIES		£ 193.10	£ 250.00	£ 91.86	£ 2.81	£ 250.00

SUBSCRIPTIONS
EALC		£ 94.35	£ 77.00	£ 104.92		£ 107.90	√
CPRE		£ 28.00	£ 30.00	£ 29.00		£ 30.00
RCCE		£ 40.00	£ 45.00	£ 40.00		£ 45.00
S137 DONATIONS/AIR AMB		£ 100.00	£ 200.00	£ 200.00		£ 200.00
PC INSURANCE		£ 1 253.52	£ 1 350.00	£ 705.01		£ 750.00

GRANTS
OATES CHURCHYARD CHARITY		£ 300.00	£ 300.00	£ -		£ 300.00
VILLAGE HALL		£ 200.00	£ 200.00	£ -		£ 200.00
OVER 60'S		£ 50.00	£ 50.00	£ -		£ 50.00

AGENCY WORK
VERGE CUTTING		£ 476.00	£ 600.00	£ 635.00	£ 95.25	£ 700.00
STREET CLEANING BUDGET	(skips )	£ 338.00	£ 415.00	£ 358.00	£ 53.70	£ 450.00
BDC GRASS CUTTING		£ 1 672.72	£ 1 750.00	£ 1 458.40	£ 218.76	£ 1 750.00

GENERAL ADMIN
AUDIT FEES		£ 120.00	£ 141.00	£ 135.00	£ 20.25	£ 120.00
PUBLICATIONS		£ 13.50	£ 70.00	£ 52.50		£ 15.00
VILLAGE HALL ACTIVITY DAY		£ 25.00	£ 25.00	£ 25.00		£ 25.00
ELECTIONS (local) 2011		£ -	£ -	£ -		£ 100.00
ALLOWANCE FOR TRAINING COURSES		£ 52.00	£ 120.00	£ -		£ 130.00
ALLOWANCE FOR GRANTS MATCH FUNDING		£ 39.15	£ 200.00	£ -		£ -
CRB checks for volunteers		£ 190.35	£ -	£ -		£ -
Refreshments for Cluster meeting		£ -	£ -	£ -		£ 20.00
Printing costs for Chairmans Report		£ 24.42	£ -	£ 20.87	£ 2.72	£ 25.00

PLAYING FIELD
EQUIPMENT MAINTENANCE/SAFETY INSPECTION		£ 72.00	£ 95.00	£ 75.00	£ 11.25	£ 95.00
ANGLIAN WATER		£ 147.78	£ 115.00	£ 110.26		£ 115.00
CHUBB FIRE - inspection £25.65, new extinguisher £39.99		£ 44.55	£ 60.00	£ 65.64	£ 9.85	£ 60.00
G MARTIN WORK (mowing 230,strimming 255, litter 100)		£ 770.00	£ 800.00	£ 585.00		£ 800.00
SMITH & SCILLITOE WORK (grant from BDC for pavilion ramp)		£ 261.00	£ -	£ -		£ -
Contingency fund for repairs to play equipment		£ 116.91	£ 100.00	£ -		£ 100.00
		£ 7 917.60	£ 8 367.00	£ 5 380.20	£ 414.59	£ 7 837.90

LESS INCOME FROM :	PRECEPT	£ 4 500.00	£ 4 600.00	£ 4 600.00		£ 4 715.00	2.5%
	PSG	£ 1 482.00	£ 1 519.00	£ 1 519.00		£ 1 519.00	√
	STREET CLEANING	£ 484.74	£ 497.00	£ 484.74		£ 485.00
	VAT REFUNDS	£ 737.66	£ 450.00	£ 1 124.26		£ 425.00
	INTEREST	£ 133.10	£ 15.00	£ 2.21		£ 5.00
	PAVILLION HIRE	£ 100.00	£ 100.00	£ -		£ 100.00
	ECC for verge cutting	£ 743.18	£ 760.00	£ 747.89		£ 760.00
	GRANTS - broadband/ramp	£ 4 221.85	£ -	-		£ -
	Other	£ 52.00		£ 5.00
		£ 12 454.53	£ 7 941.00	£ 8 483.10		£ 8 009.00

SURPLUS OF INCOME OVER EXPENDITURE			-£ 426.00			£ 171.10