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Agenda and minutes

Venue: Committee Room B12. View directions

Items
No. Item

1.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor K M Kelly and one for lateness from Councillor R Lees who subsequently joined the proceedings.

 

The Chairman gave a special welcome to Morenike Olaogun who had recently joined Democratic Services and was attending her first meeting of the Committee. He also thanked the Financial Services Manager for his attendance to respond to any questions from Members on the submitted reports.

2.

Declarations of Interest

To receive declarations of interest from Members including the terms(s) of any Grant(s) of Dispensation.

Minutes:

On behalf of the Head of Legal Services, the Committee Co-ordinator confirmed that there were no apparent conflicts of interest for Cabinet Members present over any items in the agenda papers.

 

No other declarations were made, including by Councillor Lees when he subsequently joined the proceedings.

3.

Confirmation of Minutes of the meeting held on 17 October 2017 pdf icon PDF 98 KB

Minutes:

                        RESOLVED:

 

That the Minutes of the meeting held on 17 October 2017 be confirmed.

4.

Urgent Items

The Chairman will announce his decision as to whether there are any urgent items and their position on the agenda.

Minutes:

The Chairman confirmed that there were no urgent items for the Committee to consider.

5.

Chairman's Update

Minutes:

The Chairman confirmed that all Committee Members had received copies of the latest correspondence from Mr L P Ryan (Dartford resident) to Council Officers and the Charity Commission respectively for noting, under separate cover on 8 and 16 October 2018.

 

In response to a specific question from a Member, the Committee Co-ordinator reminded Committee Members that it had been previously resolved that Officers respond to any future correspondence from members of the public concerning the governance of Trusts within the remit of the Committee, or concerning actions taken and matters arising from previous decisions made by the Committee [Min. No. 4(2) of 27 July 2015 refers]. Consequently, the recent correspondence from Mr Ryan was not included as an item on the Agenda, but copied to Members under separate cover for their information.

 

In response to a further specific question from the Councillor, the Committee Co-ordinator confirmed, that it was open to all Committee Members (Councillors and Independent Members) to consult with Officers on the contents of any such correspondence from members of the public copied to them for information, should they wish to do so.

 

6.

Use of the Kidd Legacy Land, Central Park for the holding of Annual Events pdf icon PDF 48 KB

The report seeks delegated authority for Officers to agree to the use of the Kidd Legacy land in Central Park for events.

Minutes:

The report from the Policy & Corporate Support Manager sought agreement from the Committee, acting as Trustee, to the formal delegation of authority to the Managing Director and Strategic Directors to agree the use of Kidd Legacy land at Central Park Dartford for events open to the public at large. The report also confirmed that the income/proceeds of any such events held on Kidd Legacy land would accrue to the Kidd Legacy charity (No. 1132457).

 

Members were advised that the Local Government Act 1972 (section 101) provided specific statutory power for the discharge of functions to an officer [report para 3.3 agenda p.7] and that this delegated authority was already exercised by Council Officers for the running of Central Park as a whole on a day-to-day basis, including the holding of public events. The agreement of the Committee, acting as trustee, to formally delegate specific power to Officers for the use of the Kidd Legacy land within Central Park for events open to the public at large; was considered a logical extension of the statutory power already delegated to an officer under the Act for the exercise of routine administrative and organisational decisions.

 

Officers also confirmed for the Committee, in response to specific questions from Members, that any income generated by the holding of events on the Kidd Legacy land at Central Park would be accounted for in the Kidd Legacy’s charity accounts [report para 3.4 agenda p.7], as presented to the Committee on an annual basis. 

 

Following wide-ranging discussion, including confirmation by attending Officers of the contents of paras 3.3 and 3.4 of the report [as minuted above]; the Committee with one exception, agreed to the granting of delegated authority to the Managing Director and Strategic Directors in respect of the use of Kidd Legacy land at Central Park, as recommended in the report.

 

Councillor T A Maddison asked that his objections to the granting of such delegated authority to the Managing Director and Strategic Directors be noted in the Minutes.

 

                        RESOLVED:

 

1.    That the Committee, acting as trustee, grant delegated authority to the Managing Director and Strategic Directors to agree the use of the Kidd Legacy land at Central Park, Dartford for events;

 

2.    That the income/proceeds from any events be applied to the Kidd Legacy charity (No. 1132457) and detailed in the charity’s accounts for presentation to the Committee on an annual basis.

 

7.

The Kidd Legacy Trustee's Annual Report and Accounts 2017/2018 pdf icon PDF 62 KB

To consider the Trustee’s draft Annual Report and Accounts for the Kidd Legacy at Central Park Dartford (registered charity no. 1134257) for the financial year ended 31 March 2018 and to recommend accordingly.

Additional documents:

Minutes:

The report asked the Committee to consider the Trustee’s draft Annual Report and Accounts on the Kidd Legacy at Central Park Dartford (registered charity number 11342579) for the period 1 April 2017 to 31 March 2018 (attached as Appendix A to the report).

 

The Vice-Chairman noted the low current rate of interest accruing from the Trust’s Permanent investment endowment [Appendix A agenda p.21] which he calculated as approximately 1% of the capital sum. He asked if a greater return could be achieved for the Trustee by investment via the Council’s Treasury Management structure, to maximise the purchasing power of the Trust’s Permanent endowment.

 

Following Member discussion of the current rates available in the market to investors such as Trusts, and possible investment strategies using a mixture of short and long-term returns; it was agreed that the Chairman, in consultation with the relevant Financial Officer(s), would examine the market opportunities for a greater investment income return on the Trust’s Permanent endowment; including the possibility of investment through the structure of the Council’s Treasury Management Panel, which the Chairman attended in an Observer capacity; to enable the Trust to benefit from the Council’s greater overall purchasing capacity and consequent increased return rates.

 

                        RESOLVED:

 

1.    That the Committee approve the draft Annual Report and Accounts for the Kidd Legacy at Central Park Dartford ( registered charity number 11342579) for the period 1 April 2017 to 31 March 2018 as set out in Appendix A to the report;

 

2.    That the Committee Chairman be authorised to sign the Annual Report and Accounts on the Trustee’s behalf;

 

3.    That the Managing Director be authorised to file the Annual Update  for the financial year 2017/18 with the Charity Commission on the Trustee’s behalf;

 

4.    That the Chairman, in consultation with the Council’s relevant Financial Services Officers, examine the best market rates available to the Trustee for the investment of its Permanent endowment, including through the Council’s Treasury Management structure, and that the outcome be reported back to the Committee.

 

8.

Children's Playing Field and Recreation Ground, Savoy Road - Trustee's Annual Report and Accounts and Annual Update 2017/18 pdf icon PDF 68 KB

To consider the Trustee’s draft Annual Report and Accounts and the Annual Update for the Children’s Playing Field and Recreation Ground, Savoy Road (registered charity no. 302723) for the financial year 2017/18 and to recommend accordingly.

Additional documents:

Minutes:

This report asked the Committee to consider the Trustee’s draft Annual Report and Accounts and the Annual Update for the Children’s Playing Field and Recreation Ground, Savoy Road (registered charity number 302723) for the financial year 2017/18 (attached as Appendix A to the report).

 

The Financial Services Manager reminded Members that since 2014/15 the Council, in its corporate capacity, had met the cost of the upkeep/maintenance of the land following the exhaustion of the commuted sum received from Kent County Council [report para 3.8 agenda p.25] and would continue to do so for the remainder of the lease until 24 March 2028. The Council would also continue to maintain the play equipment at the site installed with corporate funds.

 

Given this continued corporate expenditure by the Council, the Income and Expenditure account for the Trust as detailed in Appendix A [agenda p.34] was zero.

 

In subsequent general discussion, Members relayed the positive feedback that they continued to receive on a regular basis from residents, concerning the facilities available at Savoy Road.

 

 

                        RESOLVED:

 

1.    That the Trustee’s draft Annual Report and Accounts and Annual Update for the Children’s Playing Field and Recreation Ground, Savoy Road Dartford (registered charity number 302723) for the period 1 April 2017 to 31 March 2018 (as set out in Appendix A to the report) be approved;

 

2.    That the Committee, acting as charitable trustee, notes the financial position of the Charity as set out in paragraph 3.8 of the report, including the Council’s undertaking in its corporate capacity to meet all expenditure for the Charity for the remainder of the lease term until 24 March 2028;

 

3.    That the Managing Director be authorised to file the Annual Update for the 2017/18 financial year with the Charity Commission on the Trust’s behalf.

9.

Hesketh Park - Trustee's Annual Report, Accounts and Annual Update 2017/18 pdf icon PDF 65 KB

To consider the Trustee’s draft Annual Report, Accounts and Annual Update for the Scheme of Management for the Council’s charitable land holding in Hesketh Park, Dartford and to recommend accordingly.

Additional documents:

Minutes:

The report presented the Trustee’s draft Annual Report and Accounts and the Annual Update for Hesketh Park for the 2017/18 financial year (attached as Appendix A to the report).

 

The Financial Services Manager referred Members to paragraphs 2.1 to 2.3 of Appendix A to the report (agenda p.41) which detailed the structure of the charitable land bequeathed to the Council by Lord Everard Hesketh, by a series of Conveyances in 1904, 1909 and 1913; the subsequent lease of the charitable land which forms the cricket field in Hesketh Park to Dartford Cricket Club Limited for 25 years from 21 July 2017, and the fact that the Charity was governed by a Scheme of Management made by the Charity Commission on 9 November 2011, which delegated authority to Officers to manage the Park on a day-to-day basis on the Trust’s behalf.

 

The Charity Commission’s requirements for the registration of charities, and the current position of the Hesketh Park Trust, was set out in paragraph 3.3. of the report [agenda p.37]. 

 

In response to a specific question from an Independent Member, the Financial Services Manager confirmed that it was expected that the Council, in its corporate capacity, would continue to meet the running costs of the charity including grounds maintenance, not met by the rental income from the lease granted to Dartford Cricket Club Limited.

 

The Vice-Chairman updated the Committee on the Council’s future proposals for the development of Hesketh Park, including new green gym equipment and enhanced disability access including new park gates.

 

 

                        RESOLVED:

 

1.    That the Trustee’s draft Annual Report and Accounts and the Annual  Update for Hesketh Park, Dartford for the period 1 April 2017 to 31 March 2018  be approved;

 

2.    That the Committee notes that the rental income arising from the lease of land to Dartford Cricket Club Limited is off-set against the grounds maintenance costs incurred by the Council in its corporate capacity on the Charity’s behalf.