Agenda Cobtree Manor Estate Charity Committee Meeting

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Agenda Cobtree Manor Estate Charity Committee Meeting AGENDA COBTREE MANOR ESTATE CHARITY COMMITTEE MEETING Date: Wednesday 11 July 2012 Time: 6.00 p.m. Venue: Town Hall, High Street, Maidstone Membership: Councillors Garland, Greer, Hotson and J.A. Wilson Page No . 1. Apologies for A bsence 2. Notification of Visiting Members 3. Election of Chairman 4. Election of Vice -Chairman 5. Disclosures by Members and Officers 6. Disclosures of Lobbying Continued Over/: Issued on 3 July 2012 The reports included in Part I of this agenda can be made available in alternative formats . For further information about this service, or to arrange for special facilities to be provided at the meeting, please contact DEBBIE SNOOK on 01622 602030 . To find out more about the work of the Committee, please visit www.maidstone.gov.uk Alison Broom, Chief Executive, Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent ME15 6JQ 7. To consider w hether any items should be taken in private because of the possible disclosure of exempt information. 8. Minutes of the meeting held on 14 March 2012 1 - 3 9. Report of the Head of Finance and Customer Services - Cobtree 4 - 25 Manor Estate Trust Accounts 2011-12 10. Report of the Cobtree Officer - Cobtree Manor Park Master Plan 26 - 32 Play Area Phase Two 11. Report of the Cobtree Officer - Park Ranger's Progress Report 33 - 37 12. Report of th e Cobtree Officer - Cobtree Manor Estate Risk 38 - 64 Management Annual Review 13. Report of the Cobtree Officer - Asset Management Plan 2011/14 65 - 80 14. Report of the Cobtree Officer - Proposed Designation of 81 - 86 Westfield Wood as a Local Nature Reserve 15. Report of the Cobtree Officer - Surrender of the Lease of 4 87 - 89 Stream Cottages, Forstal Road, Maidstone Agenda Item 8 MAIDSTONE BOROUGH COUNCIL COBTREE MANOR ESTATE CHARITY COMMITTEE MINUTES OF THE MEETING HELD ON 14 MARCH 2012 Present: Councillor J A Wilson (Chairman) and Councillors Garland, Greer and Hotson 54. APOLOGIES FOR ABSENCE There were no apologies for absence. 55. NOTIFICATION OF VISITING MEMBERS There were no Visiting Members. 56. DISCLOSURES BY MEMBERS AND OFFICERS There were no disclosures by Members and Officers. 57. DISCLOSURES OF LOBBYING There were no disclosures of lobbying. 58. EXEMPT ITEMS RESOLVED : That the items be taken in public as proposed. 59. MINUTES OF THE MEETING HELD ON 11 JANUARY 2012 RESOLVED : That the minutes of the meeting held on 11 January 2012 be approved as a correct record and signed. 60. COBTREE TRUST FINANCIAL POSITION 2011-12 The Committee considered the report of the Head of Finance and Customer Services setting out details of the financial position in respect of the Golf Course and Manor Park as at 31 January 2012. RESOLVED : That the report be noted. 61. PARK RANGER'S PROGRESS REPORT The Committee considered the report of the Cobtree Officer setting out details of the work of the Park Ranger at the Cobtree Manor Park, including the work undertaken on the “Seven Ages” sculpture, the installation of which had been delayed due to bad weather. 1 1 RESOLVED : That the actions taken by the Park Ranger and the future work set out in Appendix A to the report be noted. 62. IMPLEMENTATION OF THE MASTER PLAN FOR COBTREE MANOR PARK RESOLVED: 1. That it be agreed to formally withdraw the previous resolution of the Cobtree Manor Estate Charity Committee to the Charity Commission and replace that resolution with the resolution set out below. 2. That the following be approved: (i) For Officers to approach the Charity Commission using either the Cobtree Manor Estate Charity’s statutory powers under Section 75A of the Charities Act 1993 as amended by the Charities Act 2006, or other appropriate powers seeking the release of £1,065,000.00 of the permanent endowment in the following terms: That the Committee acting as the trustee to the registered charity known as Cobtree Manor Estate (no. 283617) resolves to release from its permanent endowment funds to implement, in three phases, the enhancements to Cobtree Manor Park outlined in the report dated June 2010, as updated in March 2012, prepared by Adam S. Bailey Garden Design (“the Master Plan”);such implementation being in full compliance with the objects of the charity and seen in its best interests in order to encourage greater use of Cobtree Manor Estate by the general public. (ii) Should the Charity Commission give its approval for the releasing of part of the permanent endowment as outlined in (i) above to expend those moneys (i.e. £1,065,000.00) on completing phases 1, 2 and 3 of the Master Plan. 3. That the Master Plan attached at Appendix D to the joint report of the Assistant Director of Environment and Regulatory Services and the Cobtree Officer; this plan being an update of the original plan prepared by Adam S. Bailey as approved by the Committee at its meeting on July 7 th 2010 be approved. 4. That the repayment programme recommended by the Senior Accountant attached at Appendix A to the joint report of the Assistant Director of Environment and Regulatory Services and the Cobtree Officer be approved and that officers are authorised to approach the Charity Commission seeking its approval for the implementation of that repayment programme. 5. That the project plan attached at Appendix B to the joint report of the Assistant Director of Environment and Regulatory Services and the Cobtree Officer and the implementation of the design details set out within the Master Plan by three separate phases be approved; 22 Phase 1 – Installation of the first phase of the play area. Phase 2 – Other Works such as: The picnic area, the hard path network and nature trail paths, way finding posts and maps, viewing platform and pond clearance, car park resurfacing and edging, woodland management and park tree works, boundary planting, new arboretum trees, car park replanting, improved boundary fencing around the estate bridle path, trim trail, outdoor seating and bins, sculptures, bridle path rerouting and resurfacing, Llama house renovation, and the final phase of the play area. Phase 3 – The building of the visitor centre and café. 6. That the location, as set out at Appendix E of the joint report of the Assistant Director of Environment and Regulatory Services and the Cobtree Officer, and the design of the play area, be approved and that the Head of Legal Services be authorised to enter into a contract for the construction of the first phase of the play area (phase 1) once release of the permanent endowment funding has been agreed by the Charity Commission. 7. That the Officers’ decision to bring to a later meeting of the Committee, reports seeking approval for the following be endorsed: 1. The detailed design of the phase 2 works including the second phase of the play area and entering into a contract or contracts for these phase 2 works. 2. The final design of the visitor centre and café. To view full details of this decision, please follow this link:- http://meetings.maidstone.gov.uk/ieDecisionDetails.aspx?ID=558 63. DURATION OF MEETING 5.00 p.m. to 5.22 p.m. 3 3 Agenda Item 9 MAIDSTONE BOROUGH COUNCIL COBTREE MANOR ESTATE COMMITTEE 11 TH JULY 2012 REPORT OF THE HEAD OF FINANCE & CUSTOMER SERVICES Report prepared by: Paul Holland (Senior Accountant) 1 ACCOUNTS 2011/12 1.1 Issue for Decision 1.1.1 To consider the un-audited Report and Financial Statement for the financial year 2011/12. 1.2 Recommendation of the Head of Finance & Customer Services 1.2.1 That the Committee notes the draft Report and Financial Statement for the financial year 2011/12. 1.3 Reasons for Recommendation 1.3.1 Attached at APPENDIX A are the draft Report and Financial Statements for the financial year 2011/12. 1.3.2 The draft Report and Financial Statements have been produced in accordance with Charity Accounting Statement of Recommended Practice. 1.3.3 Members have previously agreed to appoint King & Taylor as external auditors for 2011/12. 1.4 Financial Statements 2011/12 1.4.1 The net surplus on the operation of the Golf Course and the Manor Park was £100,087, compared to a net deficit of £4,120 during 2010/11. Following the audit of the 2010/11 accounts and subsequent adjustments there was a sum due to the Borough Council of £17,912, leaving an actual surplus of £82,175, which is shown as a debtor on the Balance Sheet. These figures are provisional as the accounts are still subject to external audit. 1.4.2 Following the transfer of the Golf Course grounds maintenance staff to the contractor there are no longer any staff costs relating to the golf course in the accounts. 1.4.3 The figure for property repairs is substantially lower in 2011/12 (£20,276), as the figure for 2010/11 (£108,809) included the major repair works undertaken at Garden Cottage. 4 1.4.4 As the Trust is now debt free it will keep any net surplus it generates. The Committee has previously agreed that any surpluses will be invested in Charifund subject to the progress of the Master Plan. However as the Plan is now in the process of being implemented the surplus for 2011/12 will be applied directly to payments due in respect of Phase 1. 1.4.5 There were no asset disposals during 2011/12, and none of the assets held were subject to revaluation. 1.4.6 It should be noted that the market value of the Charifund investment has fallen slightly during 2011/12, to £1,328,166 at 31st March 2012, compared to a value of £1,352,394 at 31 st March 2011.
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