Wells Harbour Commissioners (WHC) Minutes of the Annual Public Harbour Users meeting Wells Sailing Club Tuesday 14th May 2019 7.00pm

Meeting opened at 7pm

 Present: Harbour Commissioners, Harbour Staff, Chris Greeves (MHA Larking Gowen) and members of the general public

 Apologies: Bob Ellis

 Andy Frary (AF) – Chairman WHC  AF opened the meeting and welcomed the public.  AF advised on the structure of the meeting and then introduced Chris Greeves from MHA Larking Gowen to report on the financials.

 Chris Greeves (CG) – MHA Larking Gowen  CG advised the meeting that MHA Larking Gowen have been the independent advisors to WHC for many years advising on taxation matters, reviewing books and records and preparing the annual accounts prepared by WHC’s admin team.  Larking Gowen do not act as statutory auditors but provide an independent review of the financials and prepare financial statements and corporation tax returns and highlight any significant errors and omissions to the Commissioners. CG confirmed that nothing had been identified for the year ended 31st December 2018 and thanked WHC’s admin team for their help and cooperation.  The full financial statements were presented to and approved by the Commissioners at the end of March and a copy is available for inspection by appointment at the Harbour Office.  CG then presented a precis of the full financial statements to the meeting and reported that Wells Harbour Commissioners are sound financially.  Turnover from a variety of sources was £1.456 million up from previous year of £1.285 million, largely due to an increase in diesel sales and car park revenue.  Cost of Sales, those costs directly attributable to income, has increased for the same reasons from £674k to £825K.  Gross income over expenditure of £630K for 2018 compared to £611K in 2017.  Overhead expenses being general running costs incurred were £791K an increase from £729K.  Other operating income is made up of two elements. One is an accounting adjustment where grant funding previously received for capital projects is released to the income and expenditure account over a number of years to match the depreciation cost of those assets as they are slowly written off for accounting purposes. The second is under an agreement whereby an amount is actually received from Scira to underwrite the costs of the Outer Harbour to ensure that it does not adversely affect the operation of WHC. Returns are subject to an independent review by Larking Gowen. Other operating income increased from £302K to £359K.  There was a small amount of investment income in the year £2k (£2k last year).  The excess of income over expenditure before tax was £201K compared to £185K in 2017.  The operation of the Commissioners is not exempt from taxation and therefore the tax liability is £13K leaving £187K for investment. The tax liability is lower this year as WHC spent money on capital equipment which is tax deductible.  The Balance Sheet is a snapshot of assets and liabilities as of 31 Dec 2018.  Fixed Assets total £1.7 million and represents historic cost less depreciation.  Current Assets which are amounts held in the bank, stocks of diesel, and debtors, totalled £1.6 million an increase from £1.5 million in 2017.  Creditors which are amounts owed by the Commissioners including taxation was £385K leaving an overall increase in net current assets from £1,065K in 2017 to £1,220K in 2018. Net current assets are a measure of the liquidity of the Commissioners and shows that the financial state is very strong and healthy.  Provisions is an accounting adjustment ‘deferred tax’ and reflects additional tax that would be payable in the unlikely event of all the plant and machinery being sold for the amount shown within fixed assets.  Net Assets after provisions are £2.8 million up from £2.7 million.  Reserves comprise the accumulated fund £1.6 million which is the surplus accumulated excess of income over expenditure for use by the Commissioners. Other grant and capital reserves come from external sources and relates to monies received for capital works which are written off over time at the same rate as the asset.  Overall 2018 was another good solid year.  The Scira investment of £1.9 million is depreciated over time. The total included in the assets has fallen due to depreciation. The total amount included in assets is £429K.  There were no previously submitted financial questions to answer and CG thanked the Commissioners for their custom.  AF thanked CG for his report and attending the meeting and passed over to the Harbour Master Robert Smith.

 Robert Smith (RS)- Harbour Master Report  RS thanked Adrian Underwood who had now retired from the board and welcomed the new board member Kevin Theobald.  RS reported that Louise De Lisle is leaving her post at the end of June and this would be her last AGM and welcomed Carolyn Atkins who will be joining the Port in June.  RS explained as a trust port WHC are committed to reinvesting any profits back into the port “the business” for the future and benefit of all users. The harbour employs up to 17 people in the summer season. The harbour is run by the staff but the commissioners (the board) have the final say and commissioner meetings are held every two months to discuss strategy and projects and determine what the executive should focus on. Commissioners serve a term of 3 years and can then be re-elected for a further term. Commissioners can serve 3 terms in exceptional circumstances. This results in positions becoming available at the end of each year which are advertised. In a recent survey of job creation, through direct action of the Port, it was estimated 200 jobs are dependent on the operation (wind farm, fishing, chandlery etc), and is a huge part of the community.  RS explained the harbour limits to the meeting. The jurisdiction of the harbour includes everywhere the water goes and this means that the Port has powers over the marsh which covers at average HW springs.  The channel currently has a “kink” near number 5 buoy pushing out to the East. Near number 5 the channel is trying to go Northwest and then jumps back. As the channel moves the buoys are moved. The purchase by the port of a Talus has enabled the buoys to be moved more easily and independently utilising the port vessel Frank-T. The Talus used to be moved to location by travelling on the road, however this used to cause vibration and so the port purchased a low loader to transport the talus to the beach.  In addition to the channel and buoys at Wells, the port also looks after the channel and buoys at Burnham Overy for no charge. Burnham Overy Trust pay for equipment but the port provides manpower as a gesture of goodwill. Recently the port has also helped Blakeney harbour by taking the Frank-T to lift their fairway buoy and check the chain. This was also offered as a gesture of goodwill. Blakeney harbour donated some money to the Wells Harbour Maritime Trust (WHMT).  Dredging the channel continues as much as weather permits. The berm on the east side is the lowest it has been since the start of dredging. The hard shingle at the side of the channel helps the run well and dredging is not needed in this area as much.  Surveying in the area of Bob Hall Sands has been carried out for many years even prior to the start of dredging and results show that some areas increase whilst others decrease due to the natural movement of the tidal behaviour.  Last week a wreck was found which has not been seen before, uncovered by tidal movement. The wreck is around 50-60 ft long. Following a tweet by RS the EDP asked for a story, however RS declined as he wishes to deter members of the public pulling parts of the wreck away.  There are currently around 4 windfarm boats working from the Outer Harbour on the Shoal. Other survey vessels occasionally visit working on other wind farms. The Outer Harbour is also popular with fishermen wishing to get away early on the tide. RS stated he is happy for the fishing fleet to use the Outer Harbour but would appreciate being told so that harbour staff do not have to move vessels around.  Around 40 moorings in the inner channel in the region of the pool and skredge have been moved to tidy up the area. The channel is still trying to come down the west bank.  Visiting number of boats increase year on year as Wells is becoming more popular and berths are dredged out to accommodate fin keel vessels and cruisers. All these visitors spend money in the town which benefits local businesses.  Pontoons have been installed for the Frank-T, at the diesel berth and at the east end. RS stated that the biggest request from stakeholders is for pontoon berths for easier access to their boats and that it is a fact that more people drown from using their dinghies to reach their boats than for any other reason. Therefore, the port is always looking at areas to install more pontoons where they can. In Brightlingsea they use a water taxi and this has also been looked at.  The port secured the purchase of the lifeboat horse art installation from the artist following a successful public appeal for donations. The horse will be placed back in on the 20th May and remain until the autumn when it will be removed for maintenance over winter. This will maintain the horse for longer. Each year the position of the horse will be altered and turned to give different photographic opportunities.  RS stated that the fishing fleet will always take priority as they are the backbone and “tradition” of the harbour as well as providing jobs and being popular for tourism. RS stated he receives many requests for berths from fishing vessels outside of the area but these requests are declined as priority is given to support the local fleet.  The new boat hoist is working well and has helped the fishing fleet and other harbour users. Boats can now be lifted at Wells which would otherwise have to be taken to Fosdyke or . This avoids travel costs and gives opportunities locally to service the vessels. There is a desperate need for a marine engineer in Wells and WHC would encourage and help someone to set this up.  The port boatyard has many abandoned yachts from owners who can no longer afford to keep the vessels and pay storage. The port has to go through a lengthy process to try to claim and sell them on. Scrapping the boats is a big expense for the port.  The old slipway trolley is being cut up and removed. This will create space for running moorings. In addition, the port is looking to build a jetty from the pavement out which can be used for boat owners to embark their vessels. RS had received concerns that people will crab off the pontoons but he does not see this as an issue. Once plans are received for the jetty it will go out for consultation.  Beach patrol will run again this year and will provide seasonal work for 5 people. A new rib has been purchased.  The William-T rib will be sold as repairs are too costly and the port is purchasing an Atlantic 75 as a replacement.  A large part of the responsibility of the harbour is to protect the environment. Last year there was an issue over access to the marsh with Natural (NE) and the port through its powers over the marsh acted on behalf of concerned locals and met with NE to discuss this issue. NE had not consulted with the port even though the port has powers over the marsh. RS stated that it is his belief that in reality nothing will change however NE will quietly try to discourage access but cannot stop it.  A spare pontoon has been used to build an artificial nesting site for little terns. In 2013 nests were washed away and the berm at the Outer Harbour is now populated by Mediterranean Gulls who predate the eggs. The raft has been placed on Bob Hall Sands and this year will be an experiment in terms of whether the area is workable as in hindsight it may not be the most appropriate place with waves. A camera is on the raft to record activity.  Flood panels are being placed on the perimeter wall around the harbour office over the next few weeks to protect the building from future flooding. It had been hard to obtain planning permission but finally the approval has permitted this to go ahead.  The port has commissioned Royal Haskoning to look into the feasibility of ideas to provide flood protection for the town. In the past, the port strategy document had not mentioned the commissioner’s strategy to flooding and following the 2013 floods many local residents approached the port with what could be done. Current government policy is to “hold the line”. WHC have decided to investigate options and RH will be carrying out a feasibility study with modelling to see what could work. Once this has been carried out, the commissioners will be able to consult with relevant parties. RS stated that to do nothing is not an option with 1m rise in sea level expected in 80 years.  The port is accountable to its stakeholders and has a duty to inform them of what the port is doing. RS stated that you cannot please everyone however the Port carries out its duty via Harbour Users Advisory Committee meetings (HUAC), via the bi-annual publication “Haven” which is delivered to 2,500 homes, via the annual port brochure, via the website and via social media. The last HUAC meeting was called off due to lack of availability and the group needs to decide whether this is the right forum for engaging with the port. The port permits the use of the quay free of charge to many events and the port loses revenue via the car park when the quay is shut which is not always recognised by the community but will continue to support local community events in the future.

 Questions and Answer session:

Questions sent in advance

1) From: Steven Wilson (not present) Is WHC aware of issues surrounding CEL and their reputation prior to engaging them as agents, are there any plans to redress the situation given the multiple negative experiences being reported on public review sites which is adversely affecting the Port of Wells public image? Have WHC sought any legal advice on the bye-law issue and the enforcement of parking charges by a private contractor on land under statutory control?

2) From: Jennifer Willis (not present) As a regular visitor to North we happily accept we have to spend on car parking, however we are not happy about the underhand methods employed recently in the Wells car park. I am one of many who have been caught out by this ridiculous 10 minutes to buy a ticket rule and ended up paying £60 despite having purchased a £4.50 ticket just outside of the ten minutes. Do you really think I would have left it more than 10 minutes to buy a ticket if I had known I would incur a £60 fine? Signage is poor The fine is disproportionate to the offence The 10 minute rule is ridiculous The appeal process is flawed CEL are receiving an inconsiderable level of fee income from fines which is not passed back to port of wells.

Both questions related to the car park and the installation of ANPR cameras and was answered by Robert Smith: RS stated that the port does not have bye-laws but this was a legal argument that required legal advice. The port operates under its Revision Order and Harbour Master directions. Regarding the contract with Civil Enforcement Ltd (CEL), other companies were considered. The move to a camera enforcement system was taken as too many users were not paying the fee to park, many of which were using it while they visited local food outlets. Harbour staff tried to encourage users to pay but were receiving threats of violence and verbal abuse. It was decided to move the management of the car park to an external company. CEL initially wanted a 5 year contract but WHC negotiated this to 3 years so as not to tie the port into a lengthy contract. Anyone unhappy with receiving a PCN should follow the correct appeals procedure. WHC does not receive income from the fines, all that is expected is that users pay to park. WHC are aware of complaints on social media but this should be put into context as the complaints represent less than 1% of users, leaving over 99% who use the car park have paid without any issues. The car park has increased in use in the last year. With regard to fines being disproportionate, other local car parks have similar fine structures. It should be noted that at £4.50 to park for the day this is still the cheapest in the town and only £1 after 6pm.

Questions from the floor

1) Martin Kemp There appear to be a lot of running moorings on the run that are not used and are floating with seaweed wrapped around, can something be done?

Answered by Robert Smith: RS agreed that some need cleaning but all are in use. Work has already started on cleaning up floating moorings in the skredge.

 Robert Smith (RS)- Wells Harbour Maritime Trust (WHMT)  WHMT is the Commissioners registered charity and all serving Commissioners are now trustees.  Initially the charity was established to encourage young people to sail. In recent times there has been a lack of applicants.  Kayak safaris are held to promote the trust which are very popular. Fun on the water days were stopped due to red tape from County Hall making it difficult to run.  Two children have been given funding for PADI diving qualification and a request has come in from Alderman Peel for group sailing sessions for their students.  The trust has also approached Whitlingham Lake in Trouse which can offer various water based activities and can be used for a fun day out.  The Trust has a rowing skiff but this proved too difficult for young children to use. The port will hold rowing evenings every two weeks on a Wednesday for local people to try it out.  All the money made from the Triathlon goes into the Trust and the charity has a healthy bank balance and the trustees want to spend the money. This year the trust will take on a self- employed person to actively promote the trust and take it forward.  MC congratulated RS on his book which has already generated profits and the first tranche of allocations to local organisations is going forward with Alderman Peel High School, Wells Primary School, Wells Sea Cadets, Coast watch and Wells Maltings all receiving £2,000 to go towards a special project. The money is not to be used for general running costs. There will be another allocation in the future. RS stated that it was the hardest thing he has done and the book has already sold 2000 copies out of 3000 printed. WHC funded the production of the book and all costs have been recovered through sales.

Andy Frary  Thanked all those who had attended, the Sailing Club for allowing WHC to hold their AGM on their premises, Chris Greeves from Larking Gowen for his financial report, Robert Smith for his report and fielding questions and Louise De Lisle and Sally Retchless for giving up their evening to organise the meeting.

Meeting closed 8.00pm