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Maiden Bradley with Yarnfield Parish Council

9 Beech Grove, Warminster, Wiltshire, BA12 0AB Tel: 01985 213436

Chairman: Councillor Angus Neish Clerk Mrs Sarah Jeffries MILCM

Minutes of the meeting of Maiden Bradley with Yarnfield Parish Council held at the Village Hall Maiden Bradley on Tuesday 14th May 2019 at 7.00pm.

Present: Councillors, Angus Neish, Patrick Nixon, Simon Wager, Sebastian Seymour and Alexandra De Renzy Channer.

In attendance: The Parish Clerk, Mrs Sarah Jeffries PSLCC,

Public Question Time Public Bodies (admissions to meetings) Act 1960 s

No public were present.

19/001 Election of Chairman LGA 1972 ss 15 & 34

Resolved: Councillor Angus Neish was nominated. Proposed Councillor Patrick Nixon Seconded Councillor Sebastian Seymour.

19/002 Election of Vice Chairman LGA 1972 ss 15 & 34

Resolved: Councillor Simon Wager was nominated. Proposed Councilor Sebastian Seymour Seconded Councillor Susanna Brigden.

19/003 Councillors to sign their Acceptance of Office LGA 1972 Section 83(30

Resolved: the Clerk would arrange the Chairman and Vice Chairmans signing.

19/004 Acceptance of apologies for absence

Schedule 12 of the Local Government Act 1972 requires a record to be kept of the members present and that this record form part of the minutes of the meeting. Members who cannot attend a meeting should tender apologies to the Parish Clerk as it is usual for the grounds upon which apologies are tendered also to be recorded. Under Section 85(1) of the Local Government Act1972, members present must decide whether the reason(s) for a member's absence are accepted.

Resolved: no apologies received.

19/005 Dispensations

Resolved: noted none requested.

19/006 Declarations of interest, members to declare any interest they may have in agenda items that accord with the requirements of the relevant authorities (Disclosable Pecuniary Interests) Regulation 2012 (SI 2012/1464) (NB this does not preclude any later declarations)

Resolved: noted none given.

19/007 Exclusion of the Press and Public Standing Order #1c The Parish Council may exercise their right to exclude the public and press by resolution from a closed meeting due to the confidential nature to be discussed pursuant to section 1(2) of the Public Bodies (Admission to Meetings) Act 1960.

Resolved: not required.

19/008 To receive and sign the minutes of the Full Council meeting held on 2nd April 2019 Previously circulated) LGA 1972 Sch 12 para 41(1)

Resolved: that they were a true record of the meetings decisions. Proposed Councillor Patrick Nixon Seconded Councillor Susanna Brigden.

19/009 Chairman’s announcements

Resolved: noted none to give.

19/010 Appointment of Committee Members LGA 1972 sections 101-106 and schedule 12

Council is asked to discuss the appointment of members to the below committees listed and resolve if any new committees are required, confirmation of the terms of reference, the number of members (including, if appropriate, substitute councillors) and receipt of nominations to them).

Resolved: the below:

Staffing Committee – Vice Chairman and two other Councillors

Councillor Simon Wager, Councillor Suzanna Brigden and Councillor Sebastian Seymour.

Planning Committee – not required full Council would comment on planning unless delegated powers were used.

A representative for each of the below would be:

Highways Representative – to liaise with the Highways Community Coordinator (Parish Steward Contact) and attend Community Action Tasking Group meetings when necessary. Councillor Sebastian Seymour.

Rights of Way Representative – to advise Council and work with the Wiltshire Council Team on the up keep of the rights of way within the parish. Councillor Angus Neish.

Tree Warden - to advise Council and work with the Wiltshire Council Team on the up keep of the trees within the parish. The Clerk was instructed to approach Peter Oliver to see if he would approach the parishioner who was a tree surgeon.

Village Hall Representative - to sit on the Village Hall Committee as the Councils Representative from the Community. This requirement is set in the Village Hall Constitution. Councillor Susanna Brigden.

Neighborhood Watch Representative – to work with the Rural Policing Team and attend Neighborhood Tasking Group meetings. Parishioner Derrick Stevens would continue in place.

Community Emergency Volunteer – to be the designated contact should an incident take. They will be required to update the Community Emergency Plan as and when necessary. Councilor Angus Neish would hold the position temporarily.

Grant Awarding Coordinator – to work with groups and clubs when applications are sought. Councillor Alexandra Channer.

19/011 Review of Delegation arrangements to Committees, Sub Committees LG & housing Act 1989 s 13 Parish & Community Councils (Committees regulations) 1990 SI 1990/2476 LGA 1972 s 101

Resolved: the Staffing Committee Terms of Reference and membership requirement of 3 already in place would continue.

19/012 Review and adoption of Parish Documentation

Resolved: approved the Standing Orders, Financial Regulations and the Polices in place listed below:

Operations

Code of Conduct (Approved June 2012)

Asset Register (Approved April 2019)

Risk Assessments (Approved Dec 2018)

Complaints Procedure (Approved May 2018)

Document Management Policy or Record Keeping (Approved May 2017) 13/214

Equal Opportunities (Approved May 2017) 13/161

Emergency Planning (Approved 26.08.17)

Lone and Isolated Working Policy (Approved May 2017 14/231)

Community Engagement Statement of Intent (Approved May 2017 13/187)

Petitions (Approved May 2017 14/078)

Procedure for public sessions (Approved May 2017)

Procedure for Co-option of Councillors (Approved May 2017)

Work Station Equipment and Area Check (Oct 2017)

PAT Testing Equipment (Approved March 2019)

Guide to Meetings (Approved May 2017 18.07.14)

Finance

Financial Regulations (Actioned May 2018)

Financial and Risk Assessment (Actioned Dec 2018)

General Revenue Reserves Policy (Approved Jan 2019)

Grant Awarding Policies and Procedures (Approved May 2018)

Internal Controls Audit and Review (Approved 13/240)

Purchasing Procurement Policies (see Standing Orders)

Paper & Electronic Communications Retention and Disposal Policy

Communications

Publicity Protocol (14.08.13)

Freedom of Information, Publication Scheme (Approved May 2018)

Data Protection (Approved May 2018)

Information and Communications Technology IT Email, Internet and Phone Policy (Approved May 2018)

Filming, Photographing, & Social Media Policy (Approved May 2018)

People

Bullying and Harassment or dignity at work policy (Approved May 2017 13/161)

Child Protection and Vulnerable Adults (Approved May 2017 14/078)

Disciplinary & Grievance Policy (Approved May 2017 14/294)

Staff and Councillor Training and Development Policy (Approved May 2017)

Health & Safety Policy (Approved May 2017 14/049

Co-option Questionnaire (Approved May 2017 3.03.14)

Staffing Committee Terms of Reference (Approved May 2017 26.05.15)

Council confirmed the continuation of the below Delegation to the Clerk as per below minute numbers:

13/304 Delegation of Planning

Resolved: the formal adoption of the below addition to the Standing Orders that:

Planning applications shall be received by the Clerk who will provide details to Councillors and where no queries arise by joint decision of all Councillors, the Clerk shall be delegated to inform the Planning Department within the time allocated of the decision of the Council. All Councillors will report directly back to the Clerk thereby avoiding discussion between members. Where queries arise the Chairman will call for a site meeting which may require an Extraordinary Meeting to decide upon the application. Adhering strictly to legal procedures set by NALC.

17/116 Delegation re use of the Recreational Grounds

Resolved: approved that Delegated Power be given to the Clerk to approve the use of the Recreational Grounds following consultation by email with Councillors.

19/013 General Power of Competence

Resolved: noted that it is now unable to resolve its continued eligibility for the use of the General Power of Competence, with the recent resignation of Councillor Poppy Wilcox, as the Council does now not meet criteria 2 listed below:

The General Power of Competence is a Statutory Instrument of Law, It gives Local Councils the power to do anything that an individual may generally do and is found under Statutory Instrument 2012 No 965 of the Localism Act 2011- Sections 1-8

Criteria:

• A CiLCA qualified Clerk, or the level 4 Qualification, from the University of Gloucestershire or its predecessor institutions, complete with the new 2012 Section 7 GPC module. ( The Clerk has her CiLCA & Level Four Qualifications)

• The number of Councillors elected at the last ordinary election or at a subsequent by-election must equal or exceed two thirds of its total number of councillors at the time of the resolution. (only 4 Councillors have been elected uncontested so the criteria is now not met)

• The Council has passed a resolution, that is minuted at a full meeting and that the criteria for the General Power of Competence, has been met. (Council is unable to make this resolution due to criteria 2 not being met)

Eligibility remains in place until the next annual meeting of the council after the ordinary election even if the condition of the eligibility criteria has changed. Council will therefore now not be able to be eligible until the next election takes place.

Council noted that it will be legally bound to use s137 for grant awarding for the year 2019/2020 the figure allowed will be £7.86 x 279 Electors = £2192.94.

19/014 Bank Signatories

Resolved: to remove Councilor Poppy Wilcox and add Councilor Alexandra Channer. All Councillors would be signatories and have access to view and approve payments. The Clerk would upload payments and have access to view the accounts etc.

Council approved the payment for certain items may be made by BACS method provided that the instructions for each payment are signed, or otherwise evidenced, by two authorised bank signatories, are retained and any payments are reported to council as made.

CPRE Membership and Unity Trust Bank Charges. (The approval of the use of BACS shall be renewed by resolution of the council at least every two years.)

19/015 Councillor Resignation

Resolved: noted that Councillor Poppy Wilcox had sent her resignation to the Chairman on the 15th April 2019 which had been accepted.

Wiltshire Councils Elections Team had been informed and a Notice of Vacancy in Office had been published to the Community.

If by 17 May, 2019 (14 days after the date of this notice) a request for an election to fill said vacancy is made in writing to the Returning Officer at the address below by TEN electors from the Parish of Maiden Bradley with Yarnfield, an election will be held to fill the said vacancy, otherwise the vacancy will be filled by co-option. If an election is called, it will take place not later than 23 July, 2019.

If no election has been called Council will need at the June meeting to discuss the timeline re Co-option and where it wishes to advertise the position. Council noted the below:

Procedure for Conducting Co-options

a) Casual Vacancies

On confirmation from Electoral Services that a casual vacancy must be filled by co-option, the Clerk will when instructed by Council insert an advertisement into the press notifying there is a vacancy with the reason for it and confirming there is to be a co-option. The advertisement must also state the rules for eligibility and direct interested parties to complete the application form confirming their eligibility to sit on the Parish Council, including a short statement explaining the reasons s/he wants to become a Parish Councillor. There will be a deadline for responses of not less than 6 weeks from the date of the insertion. The date of the meeting when the co-option is to be made will be stated in the advertisement.

Nominees must also be made aware that canvassing of Council members will disqualify them from standing for the vacancy (see Standing Order 21).

19/016 Planning

Resolved: noted that at the time of producing this Agenda there were no Planning applications received by the Clerk to comment on.

(Please note: in planning matters the Council acts as the consultee of the Principal Authority. The Principal Authority being the deciding body)

Planning Decisions

Resolved: noted the below planning application decisions made by Wiltshire Council.

Application Ref: 19/02641/TCA

Application for Work to Trees in a Cons Area

Proposal: - T1 - dead Cherry tree - fell

T2 - dead Eucalyptus tree - fell

At: 74 High Street, Maiden Bradley, BA12 7JG

Decision: No Objection

Application Ref: 19/02642/TCA

Application for Work to Trees in a Cons Area

Proposal: - T1 Laurel, reduce to 6 feet

T2 Ash remove lower branches to crown lift to 5 metres

At: 18 Church Street, Maiden Bradley, BA12 7HW

Decision: No Objection.

Application Ref: 19/02498/TCA

Application for work to trees in a conservation area.

Proposal: - TG1 Laurel x 7 adjacent to and overhanging the road. Coppice all laurels to approx 3 feet.

At: The Old Vicarage, Church Street, Maiden Bradley, BA12 7HN.

Decision: No Objection

19/017 Parish Steward

Resolved: the following list for the 3rd June 2019 visit.

Cleaning out under the Fountain.

Spraying weeds around the walls and footpaths along Church Street and High street and clearing along the recreational ground path way along the road

The Clerk was instructed to follow up where Wiltshire Council was with the replacing of the Church railings with the Highways Team.

19/018 Traffic Calming and Speeding Traffic - Action Plan Transport & Traffic

Speed Indicator Device Thermotor Liquidation Report

Resolved: noted Councillor Simon Wagers report that the Speed Indicator Device had evidenced in its first two weeks a drop in speeding, the third week in place traffic increased in speed. It was approved that the recommended two weeks in place would be adhered to. Council noted the report from the Liquidator previously emailed to Councillors.

Community Speed Watch Volunteers

Resolved: noted that another parishioner had come forward to join the Community Speed Watch Team. The required form has been forwarded for them to complete and returned to the Policing Team

Councillor Simon Wager reported on his site meetings with the Rural Policing Team to confirm sites for the Speed Watch Team to use and any further update.

Visibility Mirror on the corner of High Street and Church Street.

Resolved: noted the below correspondence to the Clerk from the Insurance Company.

Provided the Parish Council obtain permission from the land owner to install the mirror and they also accept responsibility for the ongoing maintenance of it the public liability insurance provided by the policy we arrange will cover this responsibility automatically up to a £10 million limit of indemnity.

I am slightly concerned with the proposal that the parishioner may be paying for the mirror and installation. My advice is that if this goes ahead the parish council should take responsibility for the acquisition and installation of the mirror together with the ongoing maintenance.

We recommend that a risk assessment is completed and retained on your records. Once installed, the mirror should be checked at regular intervals to ensure it remains correctly aligned, clean and free from damage. In addition, if there is a regular level of negative feedback from motorists regarding the mirror the parish council should undertake a review of the matter.

Council noted that Councillor would need to be allocated the Health & Safety responsibility for the mirror if installed. A Risk Assessment will need to be actioned for the Councillor taking this action as a weekly check and the completion of a Health & Safety form would need to be actioned.

Council was reminded of the Highways previous correspondence below:

With regard to requests for mirrors, it is not the practice of Wiltshire Council to authorise the use of mirrors as the road safety benefits are very much in doubt. Mirrors can give a misleading image and dazzle motorists in sunlight or with headlights reflected at night. They can also become misaligned and their performance can be compromised by a covering of moisture or dirt. Drivers involved in accidents often seek to apportion blame and the erection of a mirror on the highway could result in claims against the Highway Authority.

As an alternative you could seek the co-operation of neighboring land owners to enable a mirror to be positioned clear of the highway. In this circumstance the onus of responsibility would not rest with Wiltshire Council in the event of an accident.

Council discussed the risk and the implications and feel therefore that that the risk from installing a third viewing area, out ways the value of the possible installation. Council will investigate the implementation of possible signage stating hidden junction with the Highways Team.

19/019 Recreational Area Health & Safety

Resolved: noted the monthly Health & Safety checks actioned on the play equipment by Councillor Simon Wager and noted the issues highlighted from the report. Swing replacement still to be actioned and that the Litter bin door had been removed by Wiltshire Council, it was noted that this could be due to health and safety reasons.

19/020 Village Hall – Action Plan Local Economy and Tourism

Resolved: Councillor Susanna Brigden gave an update report on the activites/actions by the Memorial Hall Committee. It had been noted at the earlier Annual Parish meeting that Committee member Ian Ferguson had reported that for the Thursday elections Kinston Deverill wish to use the village hall for their voting as well. It was noted that the Village Hall was financially doing well.

19/021 Defibrillator

Resolved: noted that Councillor Simon Wager had confirmed he had actioned the Defibrillator checks to the Clerk.

19/022 Action Plan Reviewed/Parish Plan

Resolved: Councillor Alexandra De Renzy Channer gave a report on the consultation event on the 11th May 2019.

Council discussed the content and questions being asked within the Consultation papers. The addition of an environmental question was agreed. The wording was clarified and agreed on the final draft to go to print in colour. The Clerk advised that there could be a General Data Protection Regulation issue as identification could be made relating to some of the questions asked re age and location if linked. The Clerk had made Council aware that Council had a requirement to action the GDPR Risk Assessment against the Consultation Draft as per the Information Commissioner Conducting Privacy Impact Assessments Code of Practice.

No impact assessment was actioned, and Council resolved that they felt that there would be no issue with the data collect as Councilor Alexandra Channer had stated she would be reporting in a way that this could not be identified.

It was approved that the Steering Group approach Dr Andrew Murrison to action the foreword for the Parish Plan. Council approved the updated finance request following last month’s meeting. Council discussed the quotations received for the printing of the Consultation papers and resolved the quotation for £96.25 + VAT.

It was noted that there had been a good turnout 50 people had contributed to the Consultation. An excel spread sheet with comments and suggestions had been actioned. Councillor Alexandra Channer was applauded for her organisation arrangements and how the event was managed.

(The action plan forms the business case for the precept budget and actions of the Council over the next three years).

19/023 Website update to comply with the Website Content Accessibility Guidelines .uk.

Resolved: it was agreed to place this Agenda item on the June Agenda. Councillor Susanna Brigden reported that she has some ideas to extend the Website pages she would like to share at the meeting also.

19/024 Insurance reviewed

Resolved: approved the Parish Councils renewal for the Insurance provision for June 2019/2020 approved the cost of £570.93.

19/025 Wiltshire Council Precept Payment

Resolved: noted that the Parish Precept 2019/2020 first half payment of £8528.19 had been received.

19/026 Approval and signing of Parish Accounts for the months of April 2019 Internal Audit Accounts & Audit Regulations 2003 reg 2

Resolved: approved the accounts for April 2019. The Clerk reported that the Unity Trust Bank balance as of the 30th April 2019 was £13,610.01.

19/027 Payments LGA 1972 s150 (5)

Resolved: reviewed and approved the items of expenditure listed below:

Invoices

Wages May 2019 LGA 1972 s111 £429.52

Travelling Clerk May LGA 1972 s111 £ 7.74

Heat Light phone etc. May LGA 1972 s111 £ 10.66

Postage Reimbursement LGA 1972 s111 £ 5.64

K. M. Dike Nurseries Open Spaces Act 1906 ss 9 and 10 £292.96

1 & 1 Website 01.05.19 – 01.06.19 LGA 1972 s111 £ 11.99

Wiltshire Association of Local Councils Subscription LGA 1972 s111 £141.08

Mere Link Scheme Grant GPC £270.00

Maiden Bradley Memorial Hall Grant GPC £322.17

Came & Company Insurance LGA 1972 s111 £570.93

Receipts: To note receipt of income

Wiltshire Unitary Council Precept Payment £8528.19

Account Balance £13,610.01

Payments above payments May £1491.76

Total Balance £12,118.25

It was agreed that Councillor Angus Neish and Councillor Patrick Nixon would action the payments.

19/028 Clerk’s Report

Internal Audit

Resolved: noted that the Clerk had completed the draft Audit so it is ready for the Internal Auditors visit on the 28th May 2019. Councillor Patrick Nixon confirmed he has reviewed the draft. Council noted that the Clerk would bring the Internal Auditors report to the attention of the Council at the June meeting ready to action the Certify of the Accounting Statements, Annual Year End Accounts, Approve Annual Governance Statement, Approve Accounting Statement, Publish the Audit on the Website, Approve the dates for the Public to exercise their rights and approve the Exemption Notice re External Audit.

IT Equipment

Resolved: approved the Clerk seeking quotations for the replacement Laptop budgeted for within the Precept request.

Clerks Toil Request

Resolved: approved the Clerks request to take some of her toil time during her Presidential visit to the International Clerks Conference. It was agreed that the Clerk could take 12 hours leave from the 15th May 2019, to the 24th May 2019.

SLCC Presidency

Resolved: noted that the Clerk had received an invite from the Lord Chamberlain to attend a Garden Party at Buckingham Place in her capacity as SLCC President and Maiden Bradley Parish Clerk. Council asked that the Clerk have a photograph taken and action a small write up for the Parish News and Facebook Pages.

19/029 Correspondence received

Resolved: noted that no items had been received by the Clerk to bring to Councils attention.

19/030 Meetings for Councillors to consider attending

CPRE AGM

Resolved: noted the below invite.

You are invited to attend the CPRE Wiltshire AGM – 20th of June 2019 Bowood House Starts at 11:30am (doors open 11:00) and will include a welcome talk by Lord Lansdowne Admission Free (Tea and coffee on arrival) after the talk, the following options are available below:

13:00 Free Tour of the Private Walled Gardens

13:30 2 Course Lunch in the Stables Restaurant £17 per person (drinks not included)

14:15 Members and Guests are welcome to enjoy the House & Gardens and Gift Shop at leisure

In addition a private guided tour of the house is available free for the first 20 people thereafter it will be £5.25

Report from Rural Police Department

Resolved: noted the contents of the Rural Policing Report emailed to Councillors.

Booklets, Brochures and leaflets on the below list were received.

Clerks & Councils Direct

CPRE the Countryside Voice

Emails on the below list were received and sent to Councillors.

Briefing Note 19-011 Special

My Community Digest | Last chance for Bright Ideas Fund, community-led housing news and funding

News from Cranborne Chase AONB

NALC Chief executive's bulletin

Civic update - 5th April 2019

Latest news and events from Warminster Our Community Matters for 04/05/2019

Cranborne Chase AONB Grants & Funding Blog

Frome Town Clerk's Update

Parish Newsletter - 5 April 2019

The Salvation Army

The Rural Bulletin - 09 April 2019

Wessex Community Action - April Newsletter

NALC Newsletter

Community Led Housing Quarterly Update

Wiltshire Horse Watch 11Th April 2019 11/04/2019

Police and Crime Commissioner to Not Stand Again

NALC Chief executive's bulletin - 12 April 2019

Latest news and events from Warminster Our Community Matters for 04/12/2019

CPRE Celebrating 70 years of our National Parks

Reach for the stars - apply to the 2019 NALC Star Council Awards!

The Rural Bulletin - 16 April 2019

CIL guidance notes for Town & Parish Councils for the year 2019

Civic update - 17th April 2019

NALC Chief executive's bulletin

Latest news and events from Warminster Our Community Matters for 04/19/2019

The Rural Bulletin - 24 April 2019

Latest news and events from Warminster Our Community Matters for 04/26/2019

NALC Chief executive's bulletin

Swindon and Wiltshire Growth Hub: News Hub Issue 10

CPRE Wiltshire's 2019 AGM invitation

The Rural Bulletin - 30 April 2019

Community Groups and Charities to have their say!

Housing Minister, Kit Malthouse MP and Craig McWilliam, CEO of Grosvenor UK to speak at Parliamentary meeting

Wiltshire Council Highway Evening Meeting

RSN Rural Funding Digest - May 2019 Edition

Council Matters Spring 2019

19/031 Parish Clerks Delegated Powers LGA 1972 s101

Resolved: Approval of Parish Plan news item

19/032 Notice of items to be taken into consideration at the next meeting in June.

Resolved: the below items for the June Agenda.

Certify the Accounting Statements- Annual Year End Accounts

Consider the Annual Internal Audit Report

Approve Annual Governance Statement

Approve Accounting Statement

Publish the Audit on the Website

Approve the dates for the Public to exercise their rights

Exemption Notice re External Audit

Election notice - Co-option Procedure & Dates

Rights of Way how to report issues to Wiltshire Council.

19/033 Items for Parish Newsletter & Notice Boards

Resolved: clerks visit new positions

19/034 Date of the next meeting

Resolved: that Tuesday 11th June 2019 is the date of the next Full Parish Council meeting. The Meeting will start at 7.00pm. All are welcome to attend.

The Meeting finished at 20.23 pm

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