Minutes: Extraordinary Parish Council Meeting 27th January 2020

Minutes of the Parish Council meeting held on Monday 27th January 2020 in the Pavilion ‘D’ at Somerford Park Farm @ 7.30 pm.

 

Present;

Councillor G Bell (Chairman), (GB)

Councillor P Crompton (Vice Chairman), (PC)

Councillor R Crookes (RC)

Councillor G Derbyshire (GD)

Councillor S Hughes (SH)

Councillor A Power, (AP)

Mrs J Mason (Clerk)

 

Declaration of Interest;

None declared

 

Public Forum

Nobody present.

 

16/20 Apologies

Cllr A Green due to holidays

 

17/20 Minutes

Resolved the minutes of the meeting held on Monday 13th January 2020 having been circulated be approved and signed as a true and accurate record.

 

PART 2

Resolved; “That in accordance with the public bodies (Admission to meetings) Act 1960 as extended by the Local Government Act 1972 section 100 the press and public be excluded from the meeting for discussion of the under mentioned item on the grounds that the publication of the matter would be prejudicial to the public interest by reason of the confidential nature of the business to be transacted”

 

The feedback forms from the public on the presentation in September were discussed and Cllr RC wished the position of the mound to be reviewed within this discussion tonight. The mound had already been re positioned following the presentation event in September, but it would be reviewed further when the contractor was appointed and following a site visit.

 

To appoint a contractor to undertake the hard infrastructure of the pathways , bunding and the mound on the RSPB land

The RSPB have gifted 10 acres of land to the Parish Council as a gesture of goodwill after an initial intention of selling the land for development five years ago. They wish it to be retained as public open space and encourage wildlife.

 

For the past five years the Parish Council have been meeting with a RSPB project manager and their appointed Landscape Designer – Miss Alexandra Froggatt. (AF).  The appointed ‘Task Group’ had discussed the project and had valuable specialist input from the RSPB and AF on how to develop the site.

The Chairman reiterated the permitted use from the transfer deeds;

‘ To create then use and manage the property as a community nature area and public open space only and in accordance with the Community Nature Parks designation ( if any) and conditions set out in the planning permission and in accordance with any subsequent planning permissions.’  

The RSPB project manager and AF had adhered with the RSPB Financial Regulations and had engaged with two specialist contractors (Quote B and Quote C) to carry out the works on site. The Parish Council had encouraged the RSPB to obtain two more contractors to quote for the same hard landscaping works.

There had been four quotes circulated to members;

The Health & Safety aspects and the securing of the site was discussed as a cost.

Each quote was discussed in detail, Quote A and Quote B were dismissed.

Quote C and Quote D had also quoted with and without materials to complete the pathways, bunding and the mound.

 

Resolved the Parish Council would suspend section 11 of the Financial Regulations –

Appendix 1

Resolved the Parish Council would appoint Quote D as the contractor to carry out the works.

Resolved the contractor would work with the landscaper when appointed.

 

  • The costings of the raw materials

The costings for the pathways and the mound had been circulated after the research for cheaper options by the Chairman and the Clerk as opposed to quoted suppliers’ costs.

Resolved the MOT would be supplied from a local stone supplier in Congleton.

 

  • Funding sources;

The budget was reviewed to date and reconciled by the Parish Council with consideration of the monies left to be spent this financial year and the proposed precept for 2020/21.

It was agreed £10.000 could be attributed in this financial year to the PC.

It was acknowledged the funding to date was as follows;

  1. £75,000.00 – RSPB
  2. £2,000.00 – William Dean Trust
  • £10,000.00 – SPC

 

18/20 It was noted the next meeting was on the 3rd February 2020 at 7.30 pm at the Pavilion in Somerford Park Farm.

 

The meeting concluded business at 9.40 pm

 

 

 

 

Appendix 1  

11.1. Procedures as to contracts are laid down as follows:

  1. a) Every contract shall comply with these financial regulations, and no exceptions shall be made otherwise than in an emergency provided that this regulation need not apply to contracts which relate to items (i) to (vi) below:
  2. for the supply of gas, electricity, water, sewerage and telephone services;
  3. for specialist services such as are provided by legal professionals acting in disputes;

iii. for work to be executed or goods or materials to be supplied which consist of repairs to or parts for existing machinery or equipment or plant;

  1. for work to be executed or goods or materials to be supplied which constitute an extension of an existing contract by the council;
  2. for additional audit work of the external auditor up to an estimated value of £500 (in excess of this sum the Clerk and RFO shall act after consultation with the Chairman and Vice Chairman of council); and
  3. for goods or materials proposed to be purchased which are proprietary articles and / or are only sold at a fixed price.
  4. b) Where the council intends to procure or award a public supply contract, public service contract or public works contract as defined by The Public Contracts Regulations 2015 (“the Regulations”) which is valued at £25,000 or more, the council shall comply with the relevant requirements of the Regulations[1].
  5. c) The full requirements of The Regulations, as applicable, shall be followed in respect of the tendering and award of a public supply contract, public service contract or public works contract which exceed thresholds in The Regulations set by the Public Contracts Directive 2014/24/EU (which may change from time to time)[2].
  6. d) When applications are made to waive financial regulations relating to contracts to enable a price to be negotiated without competition the reason shall be embodied in a recommendation to the council.
  7. e) Such invitation to tender shall state the general nature of the intended contract and the Clerk shall obtain the necessary technical assistance to prepare a specification in appropriate cases. The invitation shall in addition state that tenders must be addressed to the Clerk in the ordinary course of post. Each tendering firm shall be supplied with a specifically marked envelope in which the tender is to be sealed and remain sealed until the prescribed date for opening tenders for that contract.
  8. f) All sealed tenders shall be opened at the same time on the prescribed date by the Clerk in the presence of at least one member of council.
  9. g) Any invitation to tender issued under this regulation shall be subject to Standing Orders[3][section 18d] and shall refer to the terms of the Bribery Act 2010.
  10. h) When it is to enter into a contract of less than £25,000 in value for the supply of goods or materials or for the execution of works or specialist services other than such goods, materials, works or specialist services as are excepted as set out in paragraph (a) the Clerk or RFO shall obtain 3 quotations (priced descriptions of the proposed supply); where the value is £3,000 and above £501 the Clerk or RFO shall strive to obtain 3 estimates, but must be a minimum of 2 where the value is between £1 and £500 the Clerk must have 1 quotation and strive to obtain 2. . Otherwise, Regulation 10.3 above shall apply.
  11. i) The council shall not be obliged to accept the lowest or any tender, quote or estimate.
  12. j) Should it occur that the council, or duly delegated committee, does not accept any tender, quote or estimate, the work is not allocated and the council requires further pricing, provided that the specification does not change, no person shall be permitted to submit a later tender, estimate or quote who was present when the original decision-making process was being undertaken.

 

[1] The Regulations require councils to use the Contracts Finder website to advertise contract opportunities, set out the procedures to be followed in awarding new contracts and to publicise the award of new contracts

[2] Thresholds currently applicable are:

  1. a) For public supply and public service contracts 209,000 Euros (£181,302)
  2. b) For public works contracts 5,225,000 Euros (£4,551,413)

[3] Based on NALC’s Model Standing Order 18d ©NALC 2018