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Minutes of an Extraordinary meeting of HAWKINGE PARISH COUNCIL held on Saturday, 1st March 2003 in the Spitfire Leisuredrome Hall that commenced at 9.40 a.m.

Present: Cllr. Heasman (Chairman)
Cllrs. Brisley, Callahan, Chantry, Johns, Trice and Smith

Apologies: Cllrs. Robertson and Hodgson

In attendance: Mrs Hardy (Clerk)

There were approximately 50 residents present.

Cllr. Heasman opened the meeting. There was only one item on the agenda and that was to discuss all aspects of the new Community Centre. Copies of the minutes of an extraordinary meeting held on 18th May 2002 were handed to councillors before the meeting. These minutes contained background information about the project.

753 Community Centre – Appointment of Trustees 
Cllr. Callahan said as a relatively new councillor he was unable to answer questions asked by residents because he did not know what had been agreed in the past and what was being agreed now. He asked Cllr. Johns how the Trustees were appointed; if they had lifetime tenure; if some trustees were trustees of the old village hall was there be a conflict of interest; and if two of the trustees were representatives of the Parish Council would they cease to be trustees if they were no longer councillors. 
Cllr. Johns said that the Business Plan dated April 1999 contained proposals for the phased development of community facilities within Hawkinge village and the associated financing. At that time it was not envisaged that the old village hall would remain in the debate, but the Leisuredrome would remain and become the focus for the youth clubs in the village. It was intended that the old village hall would be the umbrella charity for the community centre instead of having two Trusts that the Charity Commission did not normally allow. The old village hall would remain open until the new facility was up and running. Charitable status is extremely important to avoid having to pay rates when the building is handed over to the Parish Council on 1st April. 
Unfortunately about 6 months ago the Charity Commission advised that before the proposed merger could take place, the Community Centre must register itself as a charity. Cllr. Johns read the letter from the Charity Commission that stated that the papers were being kept on file so that the two Trusts can merge as they have exactly the same aims and ambitions.
In order to apply for charitable status, it was necessary to appoint Trustees; to find a group of people prepared to accept responsibility and be accountable to the Charity Commission. To comply with charity commission standard procedure it was necessary to have a minimum of 5 Trustees (can be extended to 9 later). The formal acceptance of the constitution had been signed by the two remaining members of the original Project Management Group, a representative of the Baptist Church, a representative for the Parish Council (already appointed) and a representative of the old Village Hall Management Committee. 

Cllr. Callahan accepted the expediency of having 5 Trustees but as the group can be enlarged, he suggested that there be a mandatory 4 year term that can be extended. Cllr. Trice proposed that there should be a 6 months initial period to enable the centre to get up and running before the first 4 year term (that will require a clause put into the documentation) commences. 

It was Resolved that after an initial period of 6 months, a clause be put into the documentation that the Trustees of the Community Centre Charity have a 4 year tenure.
(prop. Cllr. Callahan, sec. Cllr. Trice) Votes: In favour 5 Against 1 Abstention 1

754 Lease of Part of the Community Centre
Hawkinge Parish Council to The Baptist Union Corporation Limited
The Council’s solicitor had provided a copy of the Local Government Act 1972 General Disposal Consents 1998 that stated that the Parish Council may dispose of a long leasehold interest only in property to a charity within the meaning given by section 96 of the Charities Act 1993 without obtaining the Secretary of State’s consent. The Baptist Church is a charity within the meaning of section 96.
The solicitor stated in his letter dated 28th February that the Parish Council is at liberty to grant a long lease, however it should be mindful of its general fiduciary duty. The Chairman said the District Valuer had been asked to value the property to comply with this duty. It would not alter the general consent when granting a lease to the Church.

Cllr. Trice said he thought that the 125-year Term of the Lease was too long, different laws apply, and it should be reduced. 
Cllr. Johns said the Baptist Church had been looking for accommodation for a chapel for some time and they had approached the Parish Council. The proposal was beneficial to both parties; the Council could not afford to build the upper room so it was unoccupied space. The Church will pay for the upper room to be built, as well as contributing approximately 15% of the operating costs of the centre that will enable the Council to provide initial furnishings, security and communication systems. He thought the Church should be offered the longest possible Term as it was an investment for them.

It was Resolved that provided the legalities are approved by the Council’s solicitor, the Parish Council ask The Baptist Union to sign a 75 year Lease for the Part of the Community Centre 
(prop. Cllr. Heasman, sec. Cllr. Chantry) Votes: In favour 4 Against 3 

Cllr. Smith asked to see a copy of the revised Lease before it is signed. 


The meeting closed at 12.30 p.m.