Responses by the Chair to the Questions raised by the community during the EOM of the Parish Council on the 03 August 2021.
RESPONSE TO THE QUESTIONS RAISED BY THE COMMUNITY AT THE PARISH EOM ON THE 03 AUGUST 2021
Questions raised by the Vice Chair of Owmby by Spital Parish Council at the Extraordinary Meeting of Normanby by Spital Parish Council held on the 03 August 2021.
The Vice Chair of Owmby by Spital Parish Council (OPC) requested that Normanby by Spital Parish Council (NPC) explain why they deemed the Community Park Committee (CPC) to have been dissolved. The Chair of NPC made it known that the questions would be answered through a written statement that would be placed in the public domain. Please see the following Statement in answer to the above:
Background
The CPC was a committee of both OPC and NPC it was never a standalone entity and had no accountability or liability for the associated funds. The committee worked to Terms of Reference (TORs) that were put in place to ensure matters were done correctly, they did not delegate any authority for spend. The two Parish Council (PCs) retained overall responsibility for the management of both the Community Park and the associated funds. Even though the funds are administered by OPC both Parish Councils are legally responsible for ensuring that the funds are spent in the correct manor; failure to do so could result in all Parish Councillors being held to account through the courts.
Areas of Concern
Community consultation is a major part of the role of the CPC, the last community consultation undertaken by them was done in November 2018 when the public indicated they would like the funds spent on the following:
- A gazebo
- Double swing
- Zip wire
- Goal/Rugby Posts
- Activity boat with slide
- Train with carriage
- Climbing frame with slide
- Trim Trail
- Adult exercise equipment Swings
Currently we have only spent funds on obtaining two of those items, the goal posts, and the climbing frame. The CPC produced an Action Plan that does not reflect what the public requested and was compiled without consultation with NPC. There clearly needs to be more public consolation to determine what the electorate, of both villages, want.
During the earlier part of this year the CPC submitted funding bids totaling circa £100,000 to date NPC have not been given the exact details of what this funding was requested for; however, if the bids were successful all NPC Councillors would be legally liable for these funds. To be clear the CPC have shared with this Council who the bids were made to but not the specific details of what these funds have been bid against and for what.
The committee was made up of both Parish Councillors from OPC and NPC and members of the community. Volunteers had to be ratified by each Parish Council at a joint meeting to be held on a yearly basis. Due to the pandemic the meeting in 2020 did not take place and the committee was rolled over for a year. This year, 2021, OPC proposed that we hold the meeting in February, NPC agreed but it was subsequently cancelled by OPC. NPC have made numerous requests, to OPC, to hold a joint meeting but have been unable to secure one. This left the CPC as an unratified group that could not act on behalf of the Councils. This Parish Council took advice from both the Lincoln Association of Local Councils and through a legal route. Both advised this Council that the committee had in effect dissolved itself and could therefore not act on behalf of this Parish Council as they do not have the delegated authority to do so.
Summary
NPC continue to work towards a resolution and are actively working on a Partnership Agreement that has been verbally discussed with the Chair of OPC during a meeting of the two Chairs held on 19 August 2021. Once NPC have come to an agreement with the draft it will be presented to OPC for their comment and consideration.
It must be stressed that this Council does not wish to stop activities taking place on the Community Park and is willing to consider authorizing the spending of joint funds on such events. However, to allow the Council to authorize the spending of these funds the correct paperwork must be submitted along with associated quotes. Submission of such paperwork would ensure that the money is spent in line with public funding guidelines thus reducing the liability on individual Councillors. Authorizing of such spend must take place at a full Council meeting where the public are given the right to attend.
Currently NPC have not given authorization for any joint funds to be spent on events being held in the park as the requisite paperwork has not been submitted so the funds held by OPC in the name of the former CPC must remain frozen and cannot be used legally without the express permission by resolution of NPC.
If OPC wish the event on the 12 September 2021 to proceed then the liability and cost of the event will need to be in the name of OPC. Under Section 137 of the Local Government Act 1972, OPC can financially underwrite this event if it is for the benefit of the community, but the cost will need to be borne by OPC.
Cllr A Hanson
Chair of the Normanby by Spital Parish Council