MAIDSTONE BOROUGH COUNCIL
RECORD OF DECISION OF THE Cobtree Manor Estate Charity Committee
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Decision Made: |
26 April 2010 |
APPOINTMENT OF EXTERNAL AUDITORS
Issue for Decision
To consider the appointment of external auditors for the Charity for the financial years 2009/10 and 2010/11.
Decision Made
That King & Taylor be re-appointed as external auditors for the Charity for the financial years 2009/10 and 2010/11.
Reasons for Decision
King & Taylor have been the external auditors for a number of years and there is a good working relationship between their staff and Council staff. In addition, King & Taylor are experienced auditors of charity accounts and have a good working knowledge of the Charity known as the Cobtree Manor Estate from their previous audit work.
Alternatives Considered and Why Rejected
The Charity could seek to appoint a different auditor. However, for the reasons outlined above, it is proposed that King & Taylor continue in their current role. In addition, the Charity Commission guidance on Independent Examination of Charity Accounts does not appear to place any requirement upon Trustees to change auditors after any specified time period.
Background Papers
Charity Commission Guidance Note 31 – Independent Examination of Charity Accounts: Trustees’ Guide
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Should you be concerned about this decision and wish to call it in, please submit a call in form signed by any two Non-Executive Members to the Head of Change and Scrutiny by: 6 May 2010 |
MAIDSTONE BOROUGH COUNCIL
RECORD OF DECISION OF THE Cobtree Manor Estate Charity Committee
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Decision Made: |
26 April 2010 |
PARK RANGER - PROGRESS REPORT
Issue for Decision
To consider the progress report provided by the Park Ranger.
Decision Made
1. That the progress report be noted.
2. That the Chairman should write on behalf of the Committee to thank those individuals who have contributed effort as volunteers over the period; in particular, the haulage company, DHL.
3. That the proposed course of action to establish a “Friends” Group for Cobtree Manor Park be endorsed.
Reasons for Decision
Members have agreed that a progress report should be submitted to each meeting of the Committee on the work of the Park Ranger.
The progress report for the period late December 2009 to early April 2010 is attached as Appendix A to the report of the Cobtree Officer.
Members’ attention was drawn in particular to the amount of volunteer effort which has been contributed over the period. It is proposed that the Chairman write on behalf of the Committee to the individuals concerned to thank them for their efforts. It is further proposed that special thanks be sent to the haulage company DHL whose staff have contributed the greatest amount of time.
It is a requirement of the Park Ranger’s job description that a ‘Friends’ Group be established for Cobtree Manor Park. It is proposed to hold a public meeting to progress the matter and a draft open letter to anyone interested in becoming a Friend is attached as Appendix B to the report of the Cobtree Officer. There is likely to be a charge for hiring the hall for the meeting, but this can be accommodated within existing budgets.
Alternatives Considered and Why Rejected
No alternative courses of action are considered appropriate.
Background Papers
None.
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Should you be concerned about this decision and wish to call it in, please submit a call in form signed by any two Non-Executive Members to the Head of Change and Scrutiny by: 6 May 2010 |
MAIDSTONE BOROUGH COUNCIL
RECORD OF DECISION OF THE Cobtree Manor Estate Charity Committee
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Decision Made: |
26 April 2010 |
COBTREE MANOR ESTATE - GATE OPENING AND CLOSING
Issue for Decision
To consider further options for the future opening and closing of the gates at the entrance to the Cobtree Manor Park.
Decision Made
1. That Sight and Sound Security Services be engaged by a written contract to be in such terms as approved by the Head of Legal Services to open and close the gates at Cobtree Manor Park for an initial period of one year at an estimated cost of £11,500 (including a sum to cover additional charges for releasing vehicles locked in the Park after the gates are closed) and that the estimates for the financial year 2010/11 be adjusted accordingly.
2. That agreement be given in principle to the implementation of arrangements to recover where possible from the individuals concerned the additional costs of releasing vehicles locked in the Park after the advertised time for closure.
Reasons for Decision
It was suggested that it might be possible, through further discussions, to reach an agreement with the Café operator regarding the opening of the gates. This has not proved possible and quotations have been obtained from prospective contractors for the opening and closing of the gates on a daily basis. Details are set out in the exempt Appendix to the report of the Cobtree Officer.
From previous experience of locking park gates at night, it is considered important to have a facility for the release of vehicles where the owners have not left the site by the advertised time. This will result in an additional cost to the Charity. However, provided that appropriate signage is in place to advise the public of the consequences of not leaving the car park by the advertised time, it may be possible to pass the additional cost on to the motorist concerned. The Officers will seek to implement such arrangements as may be necessary to recover where possible the additional cost so as to protect the interests of the Charity.
The provision of a budget to cover this service will result in a reduction in the resources available at year end to contribute to the repayment of the Charity’s liability to the Borough Council.
Alternatives Considered and Why Rejected
The alternative course of action is to leave the gates unlocked at night. This is not considered appropriate as the incidences of undesirable activity will not diminish with unrestricted access to the Park.
Background Papers
None.
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Should you be concerned about this decision and wish to call it in, please submit a call in form signed by any two Non-Executive Members to the Head of Change and Scrutiny by: 6 May 2010 |
MAIDSTONE BOROUGH COUNCIL
RECORD OF DECISION OF THE Cobtree Manor Estate Charity Committee
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Decision Made: |
26 April 2010 |
COBTREE MANOR ESTATE - ADDITIONAL TREE WORKS
Issue for Decision
To consider a request for additional funding to carry out tree works at the Cobtree Manor Park.
Decision Made
That an additional sum of £6,000 be included in the estimates for the current financial year to allow extra tree works to be carried out at the Cobtree Manor Park.
Reasons for Decision
A tree condition survey was carried out in the Cobtree Manor Park last summer. It identified a number of trees which are dead or badly diseased and which require attention in the short term.
The Officers have tried to absorb the additional cost within the general maintenance budget. However, in view of the additional works being carried out generally and the higher standards of maintenance being sought following the appointment of the Park Ranger, this has not proved possible.
Three quotations for the necessary works were obtained from tree specialists with the lowest being in the following sums:
Boundary tree works £1,200
Parkland tree works £2,300
These figures need to be updated and it is proposed that a sum of £4,000 be made available in the current financial year to enable the work to be undertaken.
There are a number of stumps remaining from previously felled trees, as well as the stumps which will remain following the above works. It is estimated that the stump grinding will cost in the region of between £6,000 and £8,000. This work is not urgent, but should be undertaken to improve the appearance of the Park in general. It is proposed to make an additional sum of £2,000 available in the current financial year to enable the work to commence and to review whether the remaining work can be undertaken when the master plan is implemented.
Alternatives Considered and Why Rejected
The alternative course of action is to not make the funding available. This is not considered appropriate as the tree works will become urgent and the general safety of the public may be compromised.
Background Papers
None.
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Should you be concerned about this decision and wish to call it in, please submit a call in form signed by any two Non-Executive Members to the Head of Change and Scrutiny by: 6 May 2010 |
MAIDSTONE BOROUGH COUNCIL
RECORD OF DECISION OF THE Cobtree Manor Estate Charity Committee
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Decision Made: |
26 April 2010 |
COBTREE MANOR ESTATE - RISK MANAGEMENT
Issue for Decision
To review the Charity’s Risk Assessment document and to consider whether any further amendments need to be made.
Decision Made
That the Charity’s Risk Assessment document attached as an Appendix to the report of the Cobtree Officer be endorsed.
Reasons for Decision
The Committee has undertaken to review annually the risks associated with the operation and management of the Charity. The Charity’s Risk Assessment document has been reviewed by the Officers and a copy is attached as an Appendix to the report of the Cobtree Officer.
The area of activity generating most risk to the wellbeing of the Charity is the operation and management of the Cobtree Manor Park Golf Course. The Partnership Board which was put in place at the commencement of the new management contract to review and monitor the performance of the contractor has met quarterly as envisaged. This has ensured that the contractor has worked well up to expectation and has made good progress in developing an already successful business.
At the last review of the Risk Assessment document, confirmation was awaited from the contractor that all the necessary risk assessments were in place and the Partnership Board was charged with ensuring that all necessary documentation on risk management was provided without undue delay. The Committee is assured that this has been achieved.
Since the last review of the Risk Assessment document, a Park Ranger has been appointed. The Committee is assured that the normal risk assessments for Council employed staff have been implemented in this case; in particular, the actions to be taken in respect of lone working, which is a feature of the current arrangements.
Alternatives Considered and Why Rejected
The alternative course of action would be to change the format and/or content of the document, but this is not considered necessary.
Background Papers
None
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Should you be concerned about this decision and wish to call it in, please submit a call in form signed by any two Non-Executive Members to the Head of Change and Scrutiny by: 6 May 2010 |
MAIDSTONE BOROUGH COUNCIL
RECORD OF DECISION OF THE Cobtree Manor Estate Charity Committee
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Decision Made: |
26 April 2010 |
COBTREE MANOR PARK - MASTER PLAN
Issue for Decision
To consider the results of the public consultation exercise on the proposals shown in the draft master plan and to give final instructions to the appointed consultant.
Decision Made
1. That the draft master plan for the future development of the Cobtree Manor Park be endorsed with the following amendments:-
(i) That the proposed overspill car parking area be deleted and that appropriate improvements to the existing car parking area and surfacing be investigated instead.
(ii) That consideration of the proposed cycle route be deferred pending reconfiguration of the route and that consideration of the proposed fitness trail be deferred until such time that the demand for the facility has been proven.
(iii) That the proposed dog agility area be deleted.
(iv) That the concerns expressed about existing maintenance standards, particularly in respect of the existing pond, be noted and that the current general improvements to the Park should continue to be supported.
(v) That a more interesting play area catering for a wider age range of children be included.
(vi) That although the proposed new lake should be retained within the master plan, no action be taken at this stage to investigate the technical feasibility of providing this feature.
(vii) That suggestions for the north west corner of the site, the Animal Cemetery and a tree top walk be included.
2. That the Officers be requested to report back to a future meeting with detailed proposals for the launch and implementation of the master plan, including the prioritisation of the elements to be progressed to detailed design stage with defined phasing, costings and funding arrangements.
3. That the Officers be authorised to approach the Charity Commission, in liaison with the Cobtree Charity Trust Limited, to seek approval to use part of the Charity’s permanent endowment fund to implement the enhancements included in the master plan.
Reasons for Decision
Background
The Committee, at its meeting held on 26 February 2010, received a presentation from the appointed consultant and endorsed the draft master plan for use in public consultation.
The Committee also agreed the format for the consultation exercise and requested that it be well advertised and good use made of the Council’s website and the press. The possibility of having a stand in The Mall Chequers, The Gateway and Cobtree Manor Park itself was to be explored.
The Committee was advised that although the proposals shown in the draft plan were broadly in line with the requirements set out in the initial brief, one area where the plan did not achieve this fully related to the children’s play area which was not “significantly different from similar facilities found in the area.”
The Committee made a number of additional comments about the submitted plan, but felt that many of these would be repeated during the consultation exercise.
Where the Committee did feel that further consideration might be warranted was in the following areas:-
(i) The
north west corner of the site (shown on sheet CPO6) where the bridle path was
not shown to link with the path which goes around the perimeter of the golf
course.
(ii) The
Animal Cemetery (the site of which is shown on sheet CPO2) as no proposals were
indicated for this area.
(iii) The possibility
of a tree top walk which was a suggestion made by previous consultants, but was
not shown.
(iv) Reference to the
previous use of the site as a zoo; there appeared to be no reference, but this
might be covered in the proposed information boards and this needed to be
confirmed.
The Committee also resolved that the views of the Trustees of the Cobtree Charity Trust Limited should be sought prior to the public consultation being initiated. The Trustees made a number of comments which they wished to see incorporated into the master plan before it was released to the public. However, by way of a compromise, it was agreed that the plan be released on condition that the comments of the Trustees be published at the same time, and that it be made clear that the inclusion of the lake proposal was subject to a further technical feasibility study.
The consultation period was announced through a press release published on Friday 19 March with a closing date for return of responses of Friday 16 April 2010.
In seeking responses from the general public and other interested parties an attempt was made to identify an order of desired priority. A copy of the consultation questionnaire is attached as Appendix A to the report of the Cobtree Officer.
The response from the Cobtree Charity Trust Limited is attached as Appendix B to the report. A summary of the questionnaire responses received is attached as Appendix C to the report.
Consultation Results
A late response has been received from Aylesford Parish Council agreeing with the majority of the points raised by the Cobtree Charity Trust Limited.
From the 86 responses received there appears to be general acceptance of the proposals shown in the draft plan. The most support is given to the proposals for specimen trees and improvements to the woodland area. Strong support is also given to pathway improvements and the proposed new café. The least support is given to the provision of the dog agility area and teaching areas.
Only 53 of the respondents gave a priority order for their top three choices; those that did indicated that the provision of a new café and a children’s play area were the most popular proposals, with the new lake and pathways also featuring highly.
The comments from individuals varies enormously with each wishing to protect his/her particular interest. The most significant number of replies came from existing park users whose primary interests lie in dog walking and use of the existing café provision. The comments strongly reflect maintenance of the status quo.
There appears to be a general consensus that there is little need for overspill car parking which will most likely be necessary only during the summer months and could, therefore, be accommodated on the grassed areas. As a consequence it is proposed that the overspill car parking area be deleted from the master plan and that the existing car park be improved and re-surfaced.
Neither the cycle route nor the fitness trail featured highly among the most desirable elements within the proposal. It is not known if the respondents appreciated the style of cycle route intended as the proposed route includes some very steep gradients and will only be suitable for experienced riders; this being the case, it is a comparatively short circuit which may not attract much interest. Of further concern is that in places it is very close to walking paths following a descent down a steep incline. It is proposed that consideration of the proposed cycle route be deferred pending the reconfiguration of the route and that consideration of the proposed fitness trail be deferred until such time as the demand for the facility has been proven.
Concern has been expressed by the Council’s Senior Warden whose responsibilities include the control of dogs. He suggests that it would be inappropriate to congregate a number of strange dogs in the confined area proposed for the dog agility facility. It is proposed that the dog agility facility be deleted from the master plan.
The concept of a children’s play area received strong
support from those consulted. Members desired a form of play area not found
locally. It is proposed that the consultant be requested to bring forward
suggestions for a larger more interesting play area catering for a wider age
range of children.
Reservations were expressed about the provision of a new lake, but it is considered by many to be a desirable feature to include. It is proposed to retain the feature within master plan, but to defer investigation of the technical feasibility at this stage.
The Committee previously expressed a number of concerns which have not been commented on in the consultation. The Committee confirmed its comments from the previous meeting namely that the consultant bring forward suggestions for the north west corner of the site, the Animal Cemetery and the inclusion of a tree top walk.
Approach to the Charity Commission
It has always been the intention of the Charity to approach the Charity Commission, in liaison with the Cobtree Charity Trust Limited, to seek consent to use part of the monies held in the permanent endowment fund to help implement the proposed enhancements to the Manor Park. All other potential sources of external funding will be explored.
Alternatives Considered and Why Rejected
The alternative course of action is to reconsider the basic proposals contained in the master plan. This is not considered appropriate as the process leading to the existing proposals has been thorough and extensive.
Background Papers
None.
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Should you be concerned about this decision and wish to call it in, please submit a call in form signed by any two Non-Executive Members to the Head of Change and Scrutiny by: 6 May 2010 |