Statutory Annual Meeting business

18001     Election of Chairman of the Parish Council

Cllr Elmhirst was elected as chairman for the year. Chairman signed the acceptance of office. Clerk countersigned Chairman’s acceptance of office.

Election of vice-chairman of the Parish Council

Cllr Cook was elected as vice-chairman for the year. Vice-Chairman signed the acceptance of office. Clerk countersigned Vice-Chairman’s acceptance of office

18002  The Chair welcomed the Councillors and Clerk present being:

Councillors :James Atkinson (JA), Lesley Collingridge (LC), John Cook (JC), Richard Daniel (RD), Michelle Dixon (MD), Terry Harrison (TH), Sally Lewis (SL), David Swinglehurst (DS)

Clerk to the Council: Ruth Swales (RS)

There were no members of the public in attendance. All present signed the Attendance record. All Councillors reviewed their personal details held by the Council and gave their written consent to the Council processing their personal details for the purposes of Council business.  All stated a preference to receive correspondence by email.

18003       Apologies :  No apologies for absence were received.

18004      Declarations of Interests: Cllr Swinglehurst declared an interest in the Parish Field although this was not tabled for consideration at this meeting.

18005      Minutes: RESOLVED: To accept Minutes of last ordinary meeting held on 12th April 2018 and the Chairman signed minutes as a true record.

18006.1       Election of other offices of the Parish Council : Elections to the following offices were approved:

– Council’s Internal Controllers – Cllrs Daniel and Dixon,

– Village Institute Committee Representative – Cllr Swinglehurst,

– YLCA Representatives – Cllrs Elmhirst and Cook,

– Bank Account Signatories – Cllrs Elmhirst, Swinglehurst and Lewis

18006.2  Confirmation of Lead Councillors for the following were approved:

– Parish Field – Cllr Elmhirst

– Conservation – Cllr Elmhirst

– Police matters – Cllr Harrison

– Lighting – Cllr Harrison

– Defibrillator maintenance – Cllrs Harrison and Dixon

18006.3  Confirmation of Committee members were re-affirmed as:

  • Play Area Committee – Cllrs PE, JC, LC, SL
  • Village Green Committee – Cllrs PE, RD, JC, DS
  • Employment Committee – Cllrs PE, JC, LC.

18007   Policies: Council noted that the annual statutory requirement to consider the adequacy of the Council’s policies was to be addressed under the agenda item of Accountability and Governance below.

18008   Matters Arising from the last ordinary meeting:

Council received information on the following ongoing issues as follows:

18008.1  Defibrillator:

Council were advised that the Village Institute’s has confirmed its acceptance of the following:

– Council to ensure adequate insurance cover

– Council to provide a guardian(s) to carry out a weekly maintenance check

–  Play Stillingfleet to be responsible for installation costs including connection to the VI electrical system

– Council to meet the annual cost of electricity and any on-going running costs (if requested)

– Publicity and training to be provided by the supplier.

– Cllr Lewis advised that the suppliers had confirmed installation would take place once the funding for the appliance was available – Play Stillingfleet having requested the funds from the CEF and from the Bonfire Fund. Cllr Elmhirst advised of his intention to hold a launch ceremony to publicise the installation of the facility once installation was complete.

Zurich Municipal have confirmed that the Council’s existing Zurich  insurance policy will cover the proposed defibrillator against theft and damage without any additional premium provided the Council’s total insured assets remain within the existing level of cover.

18008.2  Playground and Play area:

Cllr Elmhirst advised that :

–  the landowner of the land directly behind the Village Institute had advised that at this stage he was not ready to consider whether he would make this site available for the development of a children’s playground as it is subject to consideration under the administration of a deceased’s estate.

–  the RLE1 to ask for the exclusion of part of the Green from the Stewardship Scheme had been submitted to the Rural Payments Agency although as yet no response has been received.  Cllr Elmhirst to continue to chase. 

RESOLVED: Cllr Elmhirst to approach John Boness to enquire about his appetite for selling the orchard on the Village Green so it could be considered as a potential site for the playground.

Cllr Lewis advised that:

– the Play Committee had decided on the purchase of an octagonal picnic bench costing £227.95 + £30 delivery.

– an application had been submitted to secure 100% of the required funding under the S106 Recreational Open Space Projects scheme and that 50% of that funding had been received to date.

RESOLVED: Cllr Lewis to place the order for the picnic table and the Clerk to apply for the remaining funding under the S106 scheme.

18008.3  Village Green:

Cllr Elmhirst advised that:

  • Selby DC had responded to the request that they progress the Public Spaces Protection Order (PSPO) stating that they would replace and re-site some of the existing Dog Fouling signage into more prominent positions but that before a PSPO was progressed the Council needed to demonstrate that pro-active steps had been taken to reduce the problem. To demonstrate such pro-active steps Council considered the appetite for purchasing a number of dog waste bins costing £178 per bin deciding 4 bins would be required and

RESOLVED: Clerk to ascertain the availability of funding towards the installation of 3 bins under the S106 scheme at a cost of £534 (It was noted that after the draw down of the remaining funding towards the picnic bench there should be £454 available through this source meaning the balance of £80 could potentially be assigned from previous CIL receipts.)  Should this funding be approved in principle Council would consider the purchase of the 4th bin from Council funds.

RESOLVED: Via publication in the Parish Magazine to advocate and promote the village adopting the Green Dog Walker Scheme recommended by Selby District Council under their “Don’t be a Waster” campaign.

  • no response had been received to date from Natural England re the re-grading of the grips and ditches and any available grants to enable this drainage improvement work to be undertaken
  • the Highways Officer from NYCC had investigated the flooding problem emanating from the highway drain and advised that both gullies were at the correct levels and appeared to be running adequately.  He had therefore concluded that when all the water course levels were holding high due to exceptionally high recent rainfall those gullies would have been below the water course levels so not able to drain away.  He deemed no further action was necessary.
  • no response had been received from Natural England regarding the request to grant a derogation to allow early cutting of the Green.  Cllr Elmhirst to continue to chase.
  • no response had been received from Natural England re alternatives to baling the crop from the Green nor regarding the availability of any funding for this purpose.
  • only one tender for cutting the Green had been received and that was from David Atkinson.  He has offered to undertake one cut of hay on or after 1 July 2018 at a cost of £1,390 plus VAT.  Should the Council require David Atkinson to dispose of the crop, as the grass quality has improved and provided the correct weather conditions are maintained, he has offered to effect disposal for £500 plus VAT.  To mow mulch the area later in the season would be £510 plus VAT.

RESOLVED: Cllr Elmhirst to accept David Atkinson’s tender to cut, bale and dispose of the crop on the terms offered. Any decision re a mow mulch later in the season was deferred.

18009   Police Matters: No Police matters were raised.

18010   Planning Matters: Cllr Cook advised that:

  • the visit with Plasmor had taken place to discuss their proposals to develop the Clay Pit at Escrick (ref: PL/ES/ABW/1683/01/SR). he advised that Plasmor’s current preferred scheme is to discharge and access the site via the A19 by the Escrick Business Park which would mean no increase in lorry traffic on the Escrick Road into Stillingfleet.
  • NYCC have advised Plasmor what is required under the Environmental Investigation Assessment. No firm planning application has been submitted as yet.

Cllr Elmhirst advised that:

  • the planning hearing 2018 in relation to the application for change of use of part of the former coal mine site, Escrick Road, Stillingfleet. (ref: NY/2016/0251/FUL) (which had been scheduled for 15 May 2018) had been re-scheduled for 17 July.
  • he had raised queries about whether the application accords with the NYCC and Selby Development Plans, the enforcement of previously granted permission for the site and what he considered to be material inaccuracies in process, fact and opinion.
  • NYCC have responded that whilst restoration of the site to a state capable of agricultural production was a condition of the previous planning permission granted in 1977, this can no longer be enforced due to the passage of time as breaches of planning conditions acquire immunity from enforcement after 10 years. NYCC agreed that site restoration was conditioned to commence following cessation of use in 2004 and the County Council did at the time consider taking enforcement action but ultimately concluded it was not expedient or in the public interest to do so.  Therefore they consider that the present state of the site is considered to be lawful.
  • With regard to concerns about increased traffic on the Escrick Road NYCC advised that no objections have been received from the County Highway Authority, the Environment Agency or the Environmental Health Officer for Selby although conditions have been recommended which would apply if the application is granted including limiting the operational hours of the site, limiting the number and hours of vehicle movements etc.
  • Cllr Elmhirst will be making further representations about the application at the hearing on 17 July.
  • Cllr Collingridge encouraged anyone who hasn’t already placed a comment on the NYCC planning site to do so to add weight to local public opinion.
  • the Council’s observations had been submitted re the proposed demolition of existing garage and erection of 2 dwellings at Stillingfleet Service Station (ref: 2018/0152/FUL)
  • the Council’s observations had been submitted re the proposed single storey side / rear extensions, alterations to existing house and demolition of existing utility room, avery and garage at Woodford, York Road (ref: 2018/0480/HPA)
  • the application to allow the proposed demolition of existing conservatory and rear lean to and erection of single storey extensions to both gable ends at the rear of The Bungalow at Moreby Grange, Stillingfleet (Ref: 2018/0202/HPA) had been refused  but that an amended application had been received (ref: 2018/0538/HPA)now proposing the demolition of the existing rear lean to; replacement with a single storey rear extension, including the erection of a single storey side extension to one gable end. Cllr PE advised he would draft a submission of the Council’s observations.
  • the planning application had been approved re the demolition of existing single storey agricultural building and proposed construction of a single bungalow dwelling at Ashfield Farm York Road Stillingfleet (Ref: 2018/0107/FUL). 

18011  General Data Protection Regulation (GDPR)

18011.1  Council were reminded that as the new GDPR came into force on 25 May 2018 it is the responsibility of each Parish Council to identify all the personal data it processes; ensure that all processing is necessary; apply a lawful basis for processing of that personal data and demonstrate that it has in place adequate measures to keep that personal data secure.  Councils are also expected to adopt privacy policies and a data retention policy (among others) and demonstrate and evidence that they are making progress in moving towards compliance. This responsibility for compliance (and liability for non-compliance) rests with the Data Controller (i.e the Council and not the Clerk).

Accepting the recommendations from YLCA, Council:

RESOLVED: to constitute a Policy Review Committee which (amongst other objectives) would review existing policies and adopt new policies required to satisfy GDPR compliance

RESOLVED: that the Policy Review Committee would complete a full data audit of the personal data the Council holds and processes and report back to Council.

RESOLVED: that the Policy Review Committee would construct and deliver an Action Plan for a full systems and operating practices review to work towards all the Council being compliant with GDPR requirements.

18011.2  Appointment of a Data Protection Officer (DPO): Council welcomed the news that the Data Protection Act 2018 has now received Royal Assent and that the Act exempts Parish Councils from the obligation to appoint a DPO.  Due to the scale of the Parish Council agreed it would not therefore be progressing the appointment of a DPO to overview it’s compliance.

18012   Financial Matters – Annual Governance and Accountability

18012.1  Council considered and noted the findings from the Internal Control review undertaken by Cllrs Daniel and Dixon reflecting the Council’s effectiveness of internal control.

18012.2  Council received, considered and noted the annual internal audit report dated 3 May 2018 prepared by Helen Guest (CiLCA) and

RESOLVED: Clerk/RFO to address all internal auditor recommendations before 2018/19 year end.

18012.3  To begin to address some of the audit recommendations:

Council considered and approved the constitution of a Policy Review Committee (to work towards the Council having all the up to date policies that are required to satisfy statutory and audit requirements and evidence GDPR compliance) and

RESOLVED: To approve the Terms of Reference of that Policy Review Committee and appoint Cllrs Elmhirst, Dixon and Cook to that Committee with Ruth Swales to provide full administrative support.

RESOLVED: The Policy Review Committee should complete an audit of the Council’s assets and report back to Council to confirm the adequacy of the Council’s insurance cover.

Council considered and reviewed the Zurich Municipal Insurance renewal proposal and

RESOLVED: To renew the Council’s insurance for the forthcoming year to be effective from 1 June 2018.

Council considered, completed and approved a financial risk assessment thereby addressing the weakness reported under the AGAR dated 31/5/18.

18012.4  Council considered, approved and noted the signing of the Annual Governance Statement for 2017/18. It was:

RESOLVED: Clerk/RFO to publish on website.

18012.5  Council received, considered and approved the Accounting Statements 2017/18 and noted that the accounts together with the explanation of variances fairly represented the financial position of the Council and its income and expenditure. It was:

RESOLVED: Clerk/RFO to publish on website.

18012.6  RESOLVED: Clerk/RFO to publish the notice of the commencement of the period for the exercise of public rights to run from 4 June 2018 to 13 July 2018.

18012.7  Council received a report from the Clerk/RFO recording recent receipts, closing balances and budget variances.

Recent receipts:

1st installment of Precept 2018/19 £2,220.07
50% S106 claim re bench £109.98

 Closing balances as at 17 May 2015:

Parish Council current account                                         £7,186.06

Parish Council NS& I account                                          £2,072.05

ByeLaw Field Charity (NS&I) account                            £8,073.42

RESOLVED: To make the following payments:

Ruth Swales – reimbursement for YLCA GDPR training £45.00
Zurich Municipal – insurance £257.60
Helen Guest – internal audit £119.70
Ruth Swales – reimbursement of expenses £34.89
HMRC re tax due on Clerk’s salary for March & April £48.60
Solutions for Payroll re March & April processing £12.05
CPRE re annual subscription £36.00

Council noted payment of Clerk’s salary for March & April 2018.

18012.8  Council considered the comparison to budget and noted there was no significant adverse predicted out-turn.

18012.9  RESOLVED: To sign the revised letter of engagement for Solutions for Payroll necessitated by the new GDPR requirements.

18012.10 S106 Balance: Council noted that after claiming the 2nd half of the S106 funding for the picnic bench there will be a credit balance of £454.76 due to Stillingfleet PC which should be claimed as soon as possible.  Council had resolved earlier in the meeting that an application for qualifying costs should be submitted for proposed Dog Waste bins.

18012.11 CIL balance: Council noted that a Statement had been received dated 31 March 2018 showing previous receipts of £112.50.  Council acknowledged the requirement to report by 31 December 2018 how these funds have been applied.  Consideration is to be given to whether these funds could be assigned to either funding part of the Dog Waste bin costs or alternatively some drainage improvement costs.

18013. Charity Matters

18013.1  RESOLVED: As Trustee of the ByeLaw Field Charity, Council to appoint Yorkshire Bank  as the Charity’s bankers for the ByeLaw Field Charity and that a bank account be opened in the name of the Charity.  Council acknowledged that the account shall be subject to the relevant terms and conditions published by the Bank and the Council, as the Charity’s Trustee, agreed to be bound by those terms and conditions. All the necessary forms were signed to open the Yorkshire Bank account and to close the NS&I Charity fund account.

18013.2  RESOLVED: To make a donation of £975 from the ByeLaw Field Charity account to St Helens PCC regarding the cutting of the Churchyard and cemetery.

18014    Correspondence

The log of relevant Correspondence received since the last ordinary meeting was considered and no further action was deemed necessary.

Part 1 of the Meeting closed at 21.45 and Ruth Swales left the meeting

18015     Clerk’s contract of employment

18015.1  On the recommendation of the Employment Committee Council reviewed the NALC model contract of employment for a Clerk to the Council/RFO noting that this model contract adopts the National Agreement on salaries for Local Government officers.  Council reviewed the job description included in this model contract and agreed the Clerk to Stillingfleet Parish Council  should be band LC1 attracting 18 scale points. Council:

RESOLVED: To adopt the NALC model contract of employment for the new Clerk and to issue the contract to Ruth Swales effective from 1 March 2018.

18015.2  Council noted that the Clerk’s salary should be reviewed in line with the 2018-19 National scale effective from 1 April 2018 and

RESOLVED: to pay the Clerk in line with the National Agreement with effect from 1 April 2018

18016  Date of Next Meeting

The date of the next meeting was confirmed as Thursday 2 August 2018 at 7.30pm and dates for the remaining ordinary meetings in 2018/19 were re-affirmed as 4 October 2018, 6 December 2018 and 7 February 2019 at 7.30pm.

Ruth Swales (Clerk to the Council / RFO)

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