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COMMUNITY TRUST
PARISH COUNCIL
Agendas
& Minutes
Accounts
CHURCHES
LOCAL
GROUPS
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Special Meeting held in
parallel with the Parish Councils of Embleton and Newton-by-the-Sea.
Minutes
Monday 6th October 2014
Main Hall of the Creighton Hall, Embleton, 7pm.
Present
Chair Neville
Fawcett. (Embleton PC)
Vice Chair Bryn
Owen. (Craster PC)
Clerk Helen
Brewis.
Embleton Parish Council Adam Moody, Terry Howells, George
Skipper, David Morgan, Gordon Coxon. & Kim Bickerton (Clerk)
Craster Parish Council John Gallon, Richard Pearson, Joyce Shaw,
Pauline Baird, Elizabeth Pearson, Margaret Brooks & Alan Punton.
Newton Parish Council John Roper, Bob Foster-Smith, Alistair
Simpson, Kate Cairns, Barbara Cato & Derek Gerrard.
In Attendance: Dr.
David Francis (NALC), Jill Irving, Gary Little, Michael & Margery
Taylor & Pam Owen.
The meeting was opened
by Cllr George Skipper as chair of Embleton, the host Council. He
stated that the objective of the meeting was to resolve various issues
relating to the management of the Cemetery
He introduced to the
meeting Cllr Neville Fawcett, Chair of the EJBC and Cllr Bryn Owen,
Vice Chair. Cllr Fawcett then thanked Cllr Skipper and explained that
the Councillors present would divided into their respective Councils
and each Council would discuss and resolve four issues relating to the
work of the EJBC. Dr David Francis was at the meeting to provide
professional advice on the legality of the proceedings.
Cllr Owen then thanked
those present for coming and the presented a slide show relating to the
EJBC and examining the issues on which the individual Parish Councils
had to reach agreement.
The presentation covered
the history of the cemetery, its governance the management of the
Cemetery House. The power-point file of the presentation is attached to
these minutes.
Following the
presentation there was an open discussion of the various issues.
The question of the
headstones was discussed and it was reported to the meeting that NCC
had undertaken a preliminary survey and had suggested that 130
headstones needed attention. They would undertake a comprehensive
survey for £195. It was reported that Amble Cemetery stake and band any
suspect headstones. It was pointed out that the owners are responsible
for them, but that it is difficult to locate living relatives who are
prepared to pay for the work.
On the question of
Embleton becoming the host council Dr Francis informed the meeting that
there are a number of burial facilities run by clusters of Parish
Councils. In 1974 they had to change from Burial Boards to Burial
Committees. As the Committee is a sub-structure of 3 Parish Councils
the EJBC is not a legal in its own right and therefore cannot enter
into legal agreements. The Audit Commission insist that the accounts of
joint committees are run separately and subject to separate audits.
Hence it is necessary to have a host Parish Council that enters into
contracts and is responsible for contacting the Secretary of State for
permission to borrow money. As one Parish Council takes the lead
agreements need to be in place to make sure payments are underwritten
by the other Councils.
If the Parish Councils
cannot agree on a specific point then it may be referred to the County
Council for mediation or to work towards the separation of the Parish
Councils.
Cllr Cairns asked Dr
Francis if the Burial Committee associated with his Parish had a
cottage and he replied that they do not have one at Felton
It was stated that
Embleton pays the largest part of precept and has 3 councillors on
committee. The current division of costs is Embleton 56%, Craster 27%
and Newton 17%.
The question of the
ownership of the house was raised and it was indicated that it was an
asset of the three parishes. The current caretaker, Jill Irving, has
lived in house for 28 years. In 1974 it was transferred by Act of
Parliament from the old Burial Board to the Burial Committee. There is
no paperwork indicating the split of the ownership.
To renovate the house
the EJBC, through the host Parish Council, is eligible to borrow money
from the Public Works Loan Board at a fixed interest rate of 3% for 15
years.
Cllr Elizabeth Pearson
stated that prior to the meeting she had not been aware of any of the
information presented to the meeting. The Cemetery means a great deal
to her and it now looks like a business that we’ve taken on.
Cllr Fawcett, said that
he had been on the committee for some time but that the state of the
house had not been deeply examined. The operation of the EJBC was
costing the Parish Councils £7k a year, but by doing work on house and
running the Cemetery in a more business way it will break even.
Cllr Roper asked about
the grass cutting costings along with NCC costings and whether the
grass cutting had to go out to tender. He expressed concerns that if
Gary and Jill do not secure the tender then the work scope and rent be
negotiated together. Cllr Owen said we have to go out to tender to
ensure we were getting value for money. Cllr Roper indicated he was
very happy with Jill’s work and that we need to tender for the market
price, but not forced to take cheapest option.
Cllr Richard Pearson
indicated he thought it had been an excellent presentation, but that
the Committee and Parish Councils had not been kept in loop. He
indicated that he thought there was another option and that was to
carry on as has been done before. We had to be careful with public’s
money.
Cllr Coxon asked is what
has been happening that was not legal. Dr Francis indicated that once a
host council had been sorted out the new practice of having meetings
had addressed that issue.
Cllr Fawcett stated that
cannot continue as we were before because we were spending a great deal
of money and house not fit to rent out.
Cllr Elizabeth Pearson
suggested we ask local builders to look over house and why we cannot go
gradually. Cllr Fawcett indicated that we need to get a bill of works
defined so we know what work needs to done and will then be in a
position to put the work out to tender. New windows and porch had been
installed at the house and the road at the cemetery tarmacked but
nothing done in house.
Cllr Howells said that
carrying as we have been doing leaves the Parish Councils to pay out 7K
a year.
Margery Taylor asked
about the proposed increase in standard charges and was informed by
Cllr Owen that the new charges were about a third of Northumberland
County Council costings.
Pam Owen said that it
would be useful to forget the past and look forward. No one here
wouldn’t thank the people who have worked in past, but now need to look
at best for future and work together. She expressed her thanks to
people who are working now.
Cllr E Pearson thought
that things should be shown to all of the committee members.
Cllr Cato asked if on a
Joint Burial Committee is there a veto mechanism. Cllr Owen said there
is no right of veto, it is a majority decision and two Parish Councils
could over-ride the third.
Dr Francis said that the
day to day running goes via committee, but if all three Parish Councils
could not agree on a big financial decision then NCC could be asked to
mediate.
Dr Francis considers
that fee adjustments, insurance, architect survey should be dealt with
in house by the committee. Large changes should be referred to the
three Parish Councils.
Cllr Owen stated that at
the last meeting of the EJBC the resolution was passed to go out to
tender for architect but the officers did not want to spend this money
without Parish Councils being on board with the house renovation. The
clerk sent a letter concerning financial costs. Craster & Embleton
Parish Councils approved the decision but Newton vetoed it. The
officers considered that there was no point in holding another meeting
of the EJBC without having agreement of the 3 Parish Councils to the
renovation. The officers have done over 200 hours work and the purpose
of the presentation was to ensure nothing was done behind people’s back.
The surveyor who had
been met by Cllr Owen the previous day had been arranged by Cllr Cairns.
Cllr Simpson said that
now we had two quoted, while at Newton’s meeting there had only been
one.
Cllr Baird asked why the
other committee members could not have been given the information in
advance of the meeting and Cllr Owen indicated that they only received
it on the day before.
Cllr Cairns asked what
rent paid at moment and was told that currently it was a peppercorn
rent of £1 per month, but after the renovation it will then go up to
£450. She asked whether it fell into HMRC regulations. Dr Francis
has seen the contract of tied accommodation, but still lawful HMRC more
concerned that the right taxes are in place. She had asked at County
Hall and stated it was not entirely legal as HMRC could be losing money
as tied cottages don’t go through tax and that £1 was just a peppercorn
rent. In the future Jill is to be paid for work carried out and to pay
a market pay rent.
Cllr Morgan thanked
Cllrs Fawcett and Owen for the work on the presentation and believes
the work done is fabulous. He considered he did not need to be in loop
and the meeting should be positive. We need to look to look forward and
solve the problem on its own merit.
Each Parish Council then
consider the four resolutions put in the presentation.
Resolution 1 :
The Council resolves
that Embleton Parish Council shall be the host of the EJBC.
Proposed : Cllr Gallon,
Seconded : Cllr Punton
Passed unanimously
Note : the other two
Parish Councils also passed this resolution.
Resolution 2
The Council endorses the
adoption of the existing Terms of Reference for the EJBC.
Proposed : Cllr Shaw
Seconded Cllr Baird
Passed unanimously
Note : the other two
Parish Councils also passed this resolution.
Resolution 3
The council endorses the
policy of the EJBC to manage the cemetery without subsidies from the
Parish Councils.
Proposed : Cllr Gallon
Seconded Cllr Punton
7 in favour 1 abstention
Note : the other two
Parish Councils also passed this resolution.
Resolution 4
The Council supports the
policy of the EJBC to renovate the cemetery house and will apply for
approval for a loan to enable this to be implemented.
Proposed : Cllr Owen,
Seconded : Cllr Baird
Cllr Elizabeth Pearson
expressed concerns about making the payments and has always erred on
the side of caution.
7 in favour 1 abstention
Note : the other two
Parish Councils also passed this resolution.
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