Agenda and draft minutes

Deed, Trust and Obligations Committee - Tuesday 11 October 2022 7.00 pm

Venue: Committee Room B12. View directions

Items
No. Item

1.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Edie and Gaskin and the Committee advised that the Vice-Chairman was representing the Council on other business.

 

The Clerk confirmed that under the Committee’s Terms of Reference (ToRs), substitutions were not permitted.

2.

Declarations of Interest

To receive declarations of interest from Members including the terms(s) of the Grant of Dispensation (if any) by the Audit Board or the Chief Officer & Director of Corporate Services.

Minutes:

The Clerk confirmed, on behalf of the Head of Legal Services, that no Cabinet Member present was conflicted over any items on the agenda.

 

There were no declarations of interest from other individual Members.

3.

Confirmation of Minutes of the meeting held on 12 April 2022 pdf icon PDF 174 KB

Minutes:

                        RESOLVED:

 

1.    That the minutes of the Committee meeting held on 12 April 2022 be confirmed as an accurate record of those proceedings.

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 took the opportunity to update the Committee concerning the activities of the developer Bellway regarding the development of land East of Lowfield Street [Planning Application 21/01286/FUL] and related boundary matters with Central Park and the Kidd Legacy land adjacent to the development, previously discussed by the Committee at its meeting on 12 April 2022 [Min. Nos. 36 and 37 refer].

 

He advised Members that following observations made by Mr Maynard [DTOC Independent Member], concerning the severe pruning by Bellway of a very large and mature tree on Kidd Legacy land which overlooked the new development, the Council’s Waste & Parks Manager had been in dialogue with the developer. The severely pruned tree would receive further artistic horticultural work to achieve a decorative totem pole effect, and further mature tree planting would be undertaken at the Contractors expense further into the Kidd Legacy land in Central Park, to replace vegetation already removed by Bellway during the development process.

 

The Chairman asked that the Clerk convey Members’ renewed concerns over Bellway’s activities to the Waste & Parks Manager and the Head of Planning Services, to ensure that the contractor fulfilled his stated commitments, and that the Committee be kept advised in the interim.

5.

Kidd Legacy's Trustee Annual Report & Accounts 2021/22 pdf icon PDF 96 KB

Additional documents:

Minutes:

The covering report asked the Committee acting as Trustee, to consider the draft Annual Report and Accounts for the Kidd Legacy land in Central Park, Dartford (registered charity number 1134257) for the financial period 1 April 2021 to 31 March 2022, as set out in Appendix A and to comment accordingly.

 

In the absence of any questions, Members RESOLVED to:

 

1.     Approve the [draft] Trustee’s Annual Report and Accounts for the Kidd Legacy land in Central Park (registered charity 1134257) as set out in Appendix A to the report;

 

2.     Authorise the Committee Chairman, Councillor A R Lloyd, to sign the Annual Report and Accounts 2021-22 [Appendix A to the report], on the Trustee’s behalf;

 

3.     Authorise the Head of Finance to file the Annual Update with the Charity Commission on behalf of the Council as Trustee.

 

6.

Children's Playing Field and Recreation Ground, Savoy Road - Trustee's Annual Report and Accounts 2021/22 pdf icon PDF 110 KB

Additional documents:

Minutes:

The covering report asked the Committee acting as Trustee to consider the [draft] Annual Report, Accounts and Annual Update, for the Children’s Playing Field and Recreation Ground, Savoy Road (registered charity number 302723) for the financial year 1 April 2021 to 31 March 2022 (attached as Appendix A to the report), and to recommend accordingly.

 

In the absence of any questions or expressions of concern from Members the Committee RESOLVED to:

 

1.     Approve the [draft] Annual Report, Accounts  and Annual Update 2021-22 for the Children’s Playing Field and Recreation Ground, Savoy Road (registered charity number 302723) as set out in Appendix A to the report;

 

2.     Note the financial position of the charity as set out in paragraph 3.8 of the covering report;

 

3.     Authorise the Head of Finance to file the Annual Report, Accounts and Annual Update for the financial year 2021-22 [Appendix A to the covering report], with the Charity Commission on behalf of the Council as Trustee. 

7.

Hesketh Park - Trustee's Annual Report, Accounts and Annual Update 2021/22 pdf icon PDF 103 KB

Additional documents:

Minutes:

The covering report enclosed at Appendix A for consideration by the Committee as Trustee, the [draft] Annual Report, Accounts and Annual Update for Hesketh Park, Dartford for the period 1 April 2021 to 31 March 2022, and to commentaccordingly.

 

In response to a variety of questions from Members the Head of Finance confirmed the following principal points:

 

·       The rise in insurance premium for the period 2021/22 reflected a full 12 month period as opposed to only 9 months cover in 2020/21 due to COVID [report Appendix A page 5 penultimate para refers];

·       The Council would continue to support the Trust in its corporate capacity to meet the costs of grounds maintenance, given the ‘zero’ funding balance;

·       The Council’s contract with Dartford Cricket Club Limited was fixed-term in nature and not index-linked.

 

On a separate point, the Clerk undertook to report back to Members on the proposed works to re-construct the ‘Outfield’ in Hesketh Park [Min. No. 27 of 26 October 2021 refers]. 

 

RESOLVED:

 

1.     That  the Committee (as Charitable Trustee), approved the Trustee’s [draft] Annual Report, Accounts and Annual Update for the period 1 April 2021 to 31 March 2022 as set out in Appendix A to the report;

 

2.     That the Committee (as Charitable Trustee), noted that rental income arising from the lease of land to the Dartford Cricket Club Limited, is off-set against the costs of grounds maintenance incurred by the Council in its corporate capacity on behalf of the charity.

 

In concluding the proceedings, the Chairman thanked the Head of Finance for presenting the three annual reports, and asked that the Committee’s thanks to the Council [acting in its corporate capacity], for its undertaking to continue to meet the future costs of grounds maintenance charges for Hesketh Park, be recorded in the minutes.