STRATFORD-UPON-AVON TOWN COUNCIL GENERAL PURPOSES COMMITTEE MEETING 25 AUGUST, 2015 TOWN CLERK’S OPEN REPORT 1) Warwickshire County Council Community Lengthsman Scheme To receive a briefing from WCC who are seeking initial expressions of interest from the Parish Sector on the Warwickshire Community Lengthsman Scheme At a branch meeting of the Society of Local Council Clerks (SLCC) in 2014, the Town Clerk witnessed a presentation from Rugby Borough Council following the commencement of the Rugby Parish Highways Lengthsman pilot scheme. This scheme allows a Parish/Town Council to take on prescribed maintenance responsibilities that would usually fall to the County Council, such as vegetation clearance, cleaning of road signs, verge clearing and removal of illegal fly posting. The SLCC branch members were cautiously optimistic and called for this scheme to be introduced in Warwickshire, particularly if, as was the case in Rugby during the pilot, the County Council would fund the Parish Councils for taking on these activities, thereby ensuring that it wouldn’t just end up as devolved responsibilities to the parish sector which purely equated to double taxation. The Town Clerk queried whether Stratford-upon-Avon Town Council could put in a claim to the higher authority to offset the cost of the Town Council’s Open Spaces team, who are already undertaking some of the work which was designated as suitable for the Lengthsman Scheme. Surprisingly, Rugby Borough Council advised that in Rugby this would have been possible. However, it is clear now that although Warwickshire County Council are fully committed to supporting town and parish councils in their delivery of these services, it is understood that the funding made available to support the Rugby pilot would not be forthcoming from Warwickshire. 1 It is difficult to comprehend the advantages therefore, of the Town Council entering in to such a scheme, other than possibly to provide these services slightly faster than being totally reliant on a higher authority’s maintenance schedule which is no doubt affected by a reduction in funding and available resources. However, as the Lengthsman Scheme does involve specific training, particularly with regard to traffic management, it may be beneficial for the Town Council to take advantage of this training in order to ensure that our existing operatives in the Open Spaces team are fully versed and aware of the most up to date operational procedures (particularly with regard to working on the highways) which will cover them for the next three years. To be quite clear, at this stage Warwickshire County Council would like to receive initial expressions of interest within a set timescale. This will enable them to have a better understanding of the scale of interest from local councils so they can plan their actions and workloads accordingly. The full briefing paper which details the type of work which can be considered as suitable for a third party to undertake is attached as Appendix ‘A’. 2) Matters referred from the General Purposes Committee Meeting of 14 July, 2015 Freedom of Information To receive clarification on requests for information retained on a member’s personal email account To determine charges for providing hard copy information under the FOI Act contained within a proposed FOI Charging Policy in order to bring a recommendation to Council 2.1 Council information retained on personal email accounts At the General Purposes Committee Meeting on 14 July, 2015 members requested clarification on whether the public could request sight of emails retained on a Councillor’s personal email account. The simple answer is ‘yes’. 2 Example: Councillor X is in correspondence with Constituent Z regarding a bin. Councillor X considers that Councillor Y is better placed to give information on the most appropriate site and emails Councillor Y. Councillor Y conducts a survey by email of residents in the close vicinity of the proposed bin. Councillor Y responds to Councillor X with the results. Councillor X responds to Constituent Z. If Councillor X is asked to provide information regarding this bin by anyone else, the whole email trail, including the emails to/from the residents who were consulted by Councillor Y need to provided. The example is a straightforward non-controversial Council matter, but if Councillors communicate between themselves on issues that are Council related but may contain content which is perhaps of a personal nature relating to a constituent, for example, then that information would have to be revealed, even though they considered it was said in confidence via their personal email. It is recommended by the ICO that each Councillor sets up a unique email address to be used solely for Council business, being mindful that most information retained will be subject to scrutiny under the Freedom of Information Act. Members should ensure that only this account appears in the public domain. Setting up the new email address is the responsibility of the member, not the authority. All Town Council members (with the exception of ‘dual hatters’ who are covered by SDC) are registered with the Information Commissioner’s Office (ICO) as a data controller, which is a legal requirement and is renewed each year by the Council at a cost of £35.00 per member. This enables Councillors to store information on their computers relating to their Council activity which includes data bases. 2.2 Charging for Freedom of Information Requests The General Purposes Committee, at its last meeting, agreed in principle to charge for obtaining information under 3 the Freedom of Information Act, particularly with regard to the cost of photocopying. The Act does not specify how much a Council can charge for information but the Council would have to publish a list of charges indicating when there is a charge and how much. The Council would not be able to charge if this has not been indicated in advance. The ICO model publication scheme requires any fee to be justified, transparent and kept to a minimum. As a general rule, you can only make the following charges: for communicating the information, such as photocopying and postage. The ICO does not consider it reasonable to charge for providing information online; fees permitted by other legislation; and for information produced commercially, for example, a book, map or similar publication that you intend to sell and would not otherwise have produced. The ICO strongly recommends that the level of charges should be compatible with the principle of promoting public access to the information held by public authorities. Having contacted other authorities through the SLCC Clerk’s network, it would appear that on average, the charge for photocopies is 10p per black and white sheet and 40p per colour sheet, with postage charges at the standard second class rate. If a Clerk spends more than eighteen hours researching or collating the requested information, over and above the eighteen hours it is charged at a flat rate of £25.00 per hour, regardless of the scale of the employee. It must be noted that this applies only when the cost to process the request exceeds £450.00. In order to put a recommendation to Council, having conducted research and reviewed other Councils policies, the proposed Stratford-upon-Avon Town Council Freedom of Information Charging Policy is attached as Appendix ‘B’ for review by the General Purposes Committee. Generally speaking however, most information relating to Council’s activity, particularly in relation to financial activity which is often the bone of contention, is already published on the website and in the spirit of openness and transparency, the more information Council publishes, the less likely it will be to receive time consuming FOI requests. 4 2.3 Town Council Assets Town Hall Sofas To receive additional information on the provenance of the soiled sofas in the Ante-Room and determine whether they should be reupholstered The General Purposes Committee felt unable to make a decision on whether the two sofas in the Ante-Room should be upholstered without further information. The two long sofas were re-upholstered soon after the Town Clerk was incumbent and the work was undertaken at the Manley Centre. The sofas are not inconsequential in terms of worth and were valued by Locke and England in 2003 as follows: The Heppelwhite style serpentine fronted sofa, 208.5cms wide, carried on eight ogee moulded mahogany legs united by cross-stretchers (restored) (re-upholstered as before) £5,800 The mid 18th century sofa, 244cms wide, with shaped back and scroll ends, legs united by cross-stretchers, on later castors (re-upholstered as before) £4,800 As members saw when they inspected the sofas at the last meeting, the plain gold brocade has been ruined by red wine spillage. However, this has since been disguised somewhat successfully by using the ornate antimacassar and placing it on the seat itself rather than using it for its original purpose of protecting the back of the sofa to prevent the fabric fading from exposure to sunlight. When considering this matter, there are a number of issues that still need to be taken into account: i) There are two soiled sofas but they are part of a set of five sofas. It may be beneficial to upholster the two damaged sofas in a contrasting fabric, otherwise the remaining three sofas will look somewhat ‘tired’. 5 ii) As the Town Hall is available for hire for all sorts of events when alcohol is served, it is unfortunate, but there is every likelihood that similar damage will occur again in the future. iii) A simpler solution may be to have purpose made loose covers for the seats of all the sofas (similar to those described above but made to measure), so the furniture continues to match. If these were paired with new cushions for the sofas, it would all co-ordinate and look purposeful and stylish. iv) However, if members consider the sofas should be recovered, a quote from the Manley Centre (who upholstered the sofas before) has been received at £780.00 per unit, plus the cost of fabric. A quote is also being sought from Taylor & Brook in Stratfordupon-Avon and an upholsterer in Alcester who the Town Clerk knew when she was previously involved in the interior design industry. The Clerk will issue a further update on the awaited quotations at the General Purposes Committee Meeting. Damaged Mace Stand in Guild Chapel To receive confirmation of the ownership of the Mace Stand in the Guild Chapel and determine whether the Town Council should pay for its repair The Mace Stand in the Guild Chapel is recorded in the Town Council’s Asset Register: George I wrought iron Mace Stand originally in Holy Trinity Church but later transferred to the Guild Chapel £1,200 valued by Locke & England in 2003 The Council is being asked by the Chairman of the Friends of the Guild Chapel ‘whether they feel moved to pay’ for the restoration and that this has been ‘discussed with Helen Munro of the Town Trust, as it owns the Chapel and has ultimate responsibility for its care’. Looking at this issue simplistically, the Mace Stand is on loan to the Guild and College Estate which has ultimate responsibility and no doubt insurance to cover eventualities such as this. If the roles were reversed, it would be the 6 responsibility of the Town Council to ensure the safekeeping of the artefacts loaned to them in good faith and although the Town Trust cannot be held responsible for the mindless damage, their insurance provision should cover any necessary repairs to the Mace Stand. However, the Trust could decide they no longer require the Mace Stand to be displayed in the Guild Chapel if the Town Council holds them accountable, but nevertheless, if that eventuality were to occur the Mace Stand should be returned to the Town Council in the same condition as to when it was loaned, i.e. not in need of repair. 3) Closed Churchyard Maintenance To determine the outcome of requests for churchyard maintenance 3.1 Churchyard Gates On 23 July, 2015 many Council members accepted an invitation from the Vicar and his associates at Holy Trinity Church to attend an informal reception at the Church to receive an update on the extension and restoration project of St Peter’s Chapel. It was also an opportunity to hear first-hand, some of the problems the Church is encountering, particularly relating to the closed churchyard, the maintenance and the financial responsibility being that of the Town Council. Those who were present that evening will recall the Vicar, the Reverend Patrick Taylor, thanked Council for the refurbishment of the gates in the Garden of Remembrance and requested that Council also looks favourably at refurbishing the Church’s main north entrance gates which are of ornate wrought iron. Under the Local Government Act 1972, the Council is required to keep the churchyard in decent order and it walls and fences (including gates) in good repair. The Church and Garden of Remembrance are in a conservation area and walls, railings and gates are often listed under the Planning (Listed Buildings and Conservation Areas) Act 1990. Consequently, the cost of repairs and maintenance is likely to be high. The refurbished gates in 7 the Garden of Remembrance cost £2,300 and an estimate by the same contractor for the Church gates is £1,800. At this stage, the Committee is just being asked to consider whether it agrees in principle for a provision of £1,800 to be included in the 2016/2017 budget for the refurbishment of the gates which can be approved, or otherwise, during the budget deliberations. If affirmative, further quotes will be sought in accordance with Standing Orders. In the meantime, the Open Spaces team plan to give the gates an extensive clean to remove the green algae, although arguably, to some, this is part of their charm. 3.2 Pigeons Responsibility for the churchyard does not include responsibility for the Church or other buildings in or adjacent to the churchyard. Consequently, the Town Council is not responsible for managing the damage that roosting pigeons are causing to the fabric of the Church. However, the knock-on effect is quite considerable as a member of the Open Spaces team has to attend the churchyard every day to clear the pigeon droppings which are deposited mainly on the pathway beneath the south window. A build-up of bird droppings are particularly hazardous when there is a combination of wet weather and smooth pavements, and represent a significant trip/slip hazard. Any resultant claim would fall on the Town Council. The Church has looked at various options, including culling the birds, patrolling with a bird of prey, although the bird would not be released and likely therefore to be somewhat ineffectual, and trying to block nesting crannies, but on a church as complex as Holy Trinity, this is likely to be almost impossible. The Town Hall, No 1 Sheep Street and Robert Lunn and Lowth have been free from roosting pigeons for some time. Ridding the buildings of roosting pigeons was achieved through bird repellent gel. There have been advances in the success of repellent gel over the years, and one in particular, Bird Free Optical 8 Deterrent Gel claims to deter most types of unwanted birds from buildings and adjacent structures when applied and was voted runner up in the 2012 Pest Magazine New Products Award. The gel creates an illusion of fire as birds have the ability to see ultraviolet light. It is also a multi-sensory type gel (visual, olfactory, taste, and touch sense) which works simultaneously to stimulate the birds to fly away. The gel is supplied in a 250g tube and costs £36.74 per tube which can treat up to 5.25 linear metres and is relatively long lasting with an average life span between applications of two years. The Council would be best served by applying this repellent at its own expense if it would negate the necessity for constant vigilance by the Open Spaces team and their almost daily attendance at the Church to remove the very real slip hazard. For new members who may not be aware of the extent of responsibility to be borne by Town and Parish Councils in maintaining closed churchyards, attached as Appendix ‘C’ is the NALC legal topic note Closed Churchyards and Disused Burial Grounds, which explains it all in great detail. 4) NALC Top 30 Policies – Catchall Parish Councils’ Bill To respond to the e-survey on the Sector’s top 30 priorities In February, 2015 the National Association of Local Councils (NALC) agreed a programme of work to progress the sector’s top 30 policy positions, either in the form of a catchall Parish Councils’ Bill, or by including individual clauses within other bills during the 2015/2016 parliamentary term. In May, 2015 a themed table was drawn up containing all 107 of NALC’s positions, which has now been filtered down to 50 priority positions following consultation with County Associations and the Society of Local Council Clerks (SLCC). Those 50 priority policy positions have now been included in an esurvey and NALC’s Task & Finish Group would like respondents to filter the priorities still further to 30, to be included in any draft Bill by December, 2015. 9 The e-survey is attached as Appendix ‘D’. It would be helpful if members consider the options and list their priorities prior to the meeting, which will speed up the process of determining a collaborative response at the General Purposes Committee Meeting on 25 August, 2015. 5) Town Council’s Policy of Display in the Town Hall To review and determine an updated draft Policy of Display in the Town Hall and make a recommendation for adoption by Council When researching agenda item 7.6, the Clerk referred to the Council’s Policy of Display in the Town Hall and found that it had not been reviewed since 2006 and was now outdated - referring to rooms for example, that are no longer in commission. Attached as Appendix ‘E’ is the draft proposal for a new Policy for consideration by the General Purposes Committee which should be borne in mind when considering agenda item 7.3. 6) Location of Display and Registers in the Town Hall To approve the location of the Honorific Designation Certificate and Photograph To approve the provision of a Display Bookcase in a publicly accessed area of the Town Hall To approve a recommendation for an ‘In/Out’ board and sign in register 6.1 Honorific Designation Certificate and Photograph On 27 October, 2014 Honorific Designation certificates were presented to D-Day Veterans at a special ceremony in the Town Hall. The Town Council holds these Veterans in very high esteem, and it was agreed at the time that a display certificate and photograph in commemoration of the event is displayed in the Town Hall as a permanent reminder, in accordance with the Town Council’s Policy of Display in the Town Hall. In order to display work well, it is now surprisingly difficult to find free locations in the Town Hall which are suitable and aesthetically pleasing. However, they can be displayed together within the main entrance hall if they are hung on the 10 vacant wall space niche immediately to the left of the display cabinet on the ‘mirror wall’. 6.2 Display Bookcase The incumbency of a new Mayor presents an ideal opportunity to take stock of what is in the Parlour and do a ‘bit of a spring clean’. Mayor Bates has removed some artefacts from the Parlour and placed them into temporary storage which are primarily gifts received by other Mayors and do not relate to her Mayoralty. The acceptance of Mayoral Gifts should be considered by the Mayoral & Protocol Committee on an annual basis. This Committee will determine what is deemed a personal gift, a civic gift to be retained and/or displayed, and where it should be displayed. The Mayoral & Protocol Committee will therefore have to take account of the Town Council Policy for Display in the Town Hall when determining these issues. However, many of the gifts received each year are books which are likely to be of interest to members, staff and visitors to the Town Hall and are totally inaccessible if they are just kept within the realms of the Parlour. There is now quite a selection of books piling up in the Mayor’s Parlour and as there isn’t a bookcase in the Parlour, they are being stored inappropriately. It has been suggested that a display bookcase is obtained or purpose built to fit into the now redundant doorway which used to lead from the Magistrates Room into the Council Chamber by the dais. This is not a fire exit and has been blocked off to provide shelving in the adjacent office. 6.3 Members and Staff Town Hall Occupancy Register The Council’s Human Resources Committee has been reviewing a number of issues relating to the wellbeing of its staff and members, particularly with regard to lone working regulations and identifying which members and staff are in the Town Hall at any one time. Following a health and safety recommendation from the Human Resources Committee, members are requested to approve the siting of an ‘in/out’ board for Town Hall officers 11 and certain auxiliary personnel, in the entrance lobby adjacent to Councillor’s pigeon holes. It was further recommended by the HR Committee that a Councillors sign in/out register is required and it is suggested that this is located on the radiator shelf in the entrance hall. Both these controls will assist in ensuring staff/members are accounted for in the event of a fire or another emergency. The HR Committee initially proposed that there should be a Town Hall Visitors Book for everyone entering the Town Hall, but in practice, bearing in mind that the Town Hall is a public building available to hire, this would add an unworkable administrative burden on the staff. This is more of a security issue, not a legal requirement, but staff are aware that their offices can be accessed by members of the public and are charged with being vigilant in terms of safety for themselves and their belongings when the Town Hall is occupied by outside bodies. 7) Provision of Street Furniture and Amenities To review ward amenities by the next General Purposes Committee Meeting on 27 October When Council operated under a four ward system, ward members appointed a Lead Ward Member who represented the views of their contemporaries in that ward at a meeting to consider future ward amenities. These were discussed at a meeting held immediately before the General Purposes Committee Meeting in August, and were then put forward as an agenda item for consideration at the General Purposes Committee Meeting which followed thereafter. The purpose of this amenities meeting was to ensure that the Council was pro-active in determining what facilities and amenities were required for each ward, rather than just being reactive to requests for additional street furniture. If the General Purposes Committee agreed the provision, they were either sanctioned immediately if there was sufficient budget provision, or factored into the budget for the following year. However, installation of ward amenities is subject to the necessary checks and public consultation and Councillor Ian Fradgley or the 12 General Purposes Clerk will assist any new member in explaining the procedure which is primarily done online. As there are now only two members per ward, the Lead Ward Members concept would appear somewhat untenable. However, determining amenities for each ward is not, and it is therefore suggested that the two members from each ward get together before the next General Purposes Committee Meeting on 27 October to ascertain what amenities are required and where they should be located. 8) Stratford District Digital Inclusion Fund 2015 – VASA For information, or action if appropriate Attached as Appendix ‘F’ is a self-explanatory letter from the lead Officer at VASA. If members have constituents in their wards who are suffering digital exclusion, you are requested to pass this information on to the relevant voluntary or community organisation, or assist them in formulating a grant application. Members are requested to contact Charles Barlow direct if this is the case. Town Clerk 25 August, 2015 13