Agenda and minutes

Venue: Virtual meeting via Zoom with public access via YouTube https://tinyurl.com/TorridgeYouTube

Contact: Sandra Cawsey - Democratic Services  Email: sandra.cawsey@torridge.gov.uk

Media

Items
No. Item

36.

Apologies for Absence

Minutes:

An apology for absence was received from Mr N Hardaker, Independent Member.

37.

Minutes pdf icon PDF 120 KB

Confirmation of the Minutes of the Meeting held on 30 January 2020.

Minutes:

It was proposed by Councillor Hicks, seconded by Councillor James and –

 

Resolved: That the minutes of the meeting held on the 30 January2020 be agreed as a correct record.

 

A recorded vote was taken.

 

COUNCILLOR

FOR

AGAINST

ABSTAIN

Christie, P

X

 

 

Mr T Gibbs

X

 

 

Mr N Hardaker

 

 

 

Hicks, R

X

 

 

James, K

X

 

 

McGeough, D

 

 

X

Rossi, G

X

 

 

 

 

Vote: (For 5, Abstentions 1)

 

 

Matters Arising:

 

Minute No.32 – Financial Summary Quarter 3 – 2019/20

 

Mr Puddy enquired as to whether discussions had taken place with Evans Transport regarding possible storage ideas for the Harbour.  The Planning & Economy Manager advised that, although he had had a brief discussion with Mr Nigel Evans, he suggested that a more formal meeting take place attended by Councillor Hicks (Chair), the Waste & Recycling Manager, himself and Mr Nigel Evans.

38.

Action List pdf icon PDF 215 KB

Minutes:

The action list was updated as follows:

 

Minute No. 3 -  To date no health checks had been carried out on vessels.

 

Minute No. 10 – No feedback had been received from the Bideford Harbour User Group.   Officers had discussed whether the Harbour Authority forms its own Port User Group.

 

Minute No. 17  -  The Environmental Health & Community Safety Manager had expressed concerns with regard to excess speed in the harbour area.  There had been more users in the estuary this year than in previous years.  

More speed limits had been introduced at Appledore.  There is a need for more users Code of Conduct to be erected.

 

No signs had yet been put in place because Councillor Ford had submitted a Notice of Motion to Full Council when it had been resolved to present the Motion to Community & Resources Committee.  It is anticipated this item will come to this Group for discussion – it had been suggested that launching at Appledore be stopped and Bideford to be promoted.

 

The Harbour Master to take this item to the Taw & Torridge Estuary Forum - to seek contributions towards Code of Conduct signage.

 

Following a question from Councillor Christie, the Harbour Master advised that the Authority does not currently have the power to stop the lunching of jet skies at Bank End slipway.  He referred to the next item on the Agenda “Moorings & Facilities Policy and General Directions” – looking for directions from Members and this is the type of issue Officers would be looking to control.

 

The Planning & Economy Manager addressed a concern with regard to charging to launch at Appledore slipway when Bideford slipway is free. He informed the meeting that Launching Permits at Appledore had stopped approximately five years ago – the only charge now is users are expected to purchase a ticket in the car park for a car trailer. Members were advised that before any serious decisions are made on permitted launching areas, wider consultations would need to be carried out.

 

Minute No. 8  -  Project in abeyance due to covid.  

39.

Public Contributions

Public contributionsin accordance with the current scheme.  (The deadline for registering to speak is by 2pm on Tuesday 15 September 2020.   To register please email Dem.services@torridge.gov.uk)

 

Minutes:

The Waste & Recycling Manager read to the meeting a statement submitted by Mr Renton.

 

The statement highlighted his concerns in relation to the following:

 

·         His rights being challenged many times by TDC, to clear the foreshore at East -the -Water for redevelopment. Those rights having repeatedly been proven with four previous solicitors, who have sought legal counsel on the matter.

 

·         General Directions (an item on the Agenda), this is an expensive legal process that can take more than three years. These powers have not been needed in the past and no compelling evidence is being offered in favour of them.

 

·         The proposed mooring policy exceeds the powers of TDC; both the power to levy rates and the power to make byelaws are limited to the "rating limits" as defined in the 1925 Bideford Harbour Act.

 

·         The proposed new powers to the harbour master.

 

40.

Agreement of Agenda Items Parts I and II

Minutes:

There were no Part II items.

41.

Urgent Matters of Information Brought Forward with the Permission of the Chairman and the Commitee

Minutes:

There were no urgent matters, but the Board were informed of the following matters:

 

The Planning & Economy Manager asked that Members note the change of management arrangements for the Harbour.   The Waste & Recycling Manager, Richard Haste, to take on the internal role as Lead Officer.

 

Following an enquiry from Councillor Rossi, the Harbour Master gave an update on the yacht which had run aground and was taking on water.  A number of meetings had taken place with the Owner of the vessel, and the boat builder employed to do the works. It had been agreed that the vessel can stay in a safe berth over the winter whilst being repaired, to be ready in the spring.

42.

Port & Harbour Accounts pdf icon PDF 7 KB

Minutes:

The Waste & Recycling Manager presented the Finance Report which provided Members of the Harbour Board with a financial summary for the Quarter ending 30 June 2020.

 

The Waste & Recycling Manager responded as follows to an enquiry from Councillor Christie:

 

The Crane Driver had been furloughed.  He works minimum hours and had been on call when the Port opened, working on an ad hoc basis.   

 

Councillor McGeough asked that it be noted what a great asset the Crane Driver is for the Council.   

 

It was proposed by Councillor McGeough, seconded by Councillor Christie that a letter of appreciation from the Board be sent to the Crane Driver.

 

A recorded vote was taken.

 

COUNCILLOR

FOR

AGAINST

ABSTAIN

Hicks, R

X

 

 

McGeough, D

X

 

 

Christie, P

X

 

 

James, K

X

 

 

Rossi, G

X

 

 

 

 

 

 

Mr T Gibbs

X

 

 

Mr Hardaker

 

 

 

 

(Vote:  For – Unanimous)

 

43.

Bideford Harbour - Safety Management System

To receive a verbal update from the Harbour Master

Minutes:

The Harbour Master stated this item had been covered in the following two Agenda items.

44.

Port and Harbour Activity Report

To receive a verbal update from the Harbour Master

Minutes:

The following verbal update was given by the Harbour Master:

 

Port and Harbour activities had been detailed in reports attached to the Agenda.

 

Due to the entire country being in lockdown, the Harbour had been very quiet over the last three months.

 

There had been a lot of social activity in the harbour such as kayaks, rowing clubs etc.   A new Officer to join the Authority who will be encouraging people to use water sports.

45.

Port Marine Safety Code Compliance pdf icon PDF 126 KB

To receive the report of the Waste and Recycling Manager

Minutes:

The Harbour Master presented this item.   He explained the purpose of the report and highlighted to Members the Ten Measures to be considered by the statutory harbour authorities in order to comply with the Port Marine Safety Code. 

 

Mr Gibbs read to the meeting his written submission which highlighted the seriousness of the Port not having an acceptable nominated Duty Holder, putting the Port in default.    The Duty Holder is accountable to the MCA for the Port’s compliance with the PMSC and, as such, is a fundamental pillar of the Code.

 

Mr Gibbs gave his support to the recommendation set out in the report.

 

Following an enquiry from Councillor Rossi, the Chair confirmed that the Community & Resources Committee is the Management Committee who can make decisions about the Harbour.

 

It was proposed by Councillor Hicks, seconded by Mr Gibbs that the recommendation set out in the report be approved.

 

A recorded vote was taken.

 

COUNCILLOR

FOR

AGAINST

ABSTAIN

Hicks, R

X

 

 

McGeough, D

X

 

 

Christie, P

X

 

 

James, K

X

 

 

Rossi, G

X

 

 

 

 

 

 

Mr T Gibbs

X

 

 

Mr Hardaker

 

 

 

 

 

(Vote:  For – Unanimous)

 

RECOMMENDATION:

 

That the Community & Resources Committee be made formal Duty Holder for Bideford Harbour Authority.

46.

Moorings and Facilities Policy and General Directions pdf icon PDF 118 KB

To receive the report of the Waste and Recycling Manager

Additional documents:

Minutes:

The report was presented by the Harbour Master who highlighted the salient points to the Board.

 

During the debate the following matters were raised:

 

The need for such a policy and to have the relevant information in writing

 

No financial implications noted in the report – the Harbour Master advised that a more comprehensive breakdown of costs to be brought back to the next Board meeting.   The Senior Solicitor confirmed there are no costs involved in providing the Policy or the recommendation to refer to Community & Resources Committee for approval.  The costs referred to by the Harbour Master are those relating to the General Directions that are proposed to go out to consultation.

 

Water and Electricity can be provided throughout the Harbour if required by stakeholders

 

Fuel/gas storage issue – this matter to be referred to the Senior Solicitor

 

The Harbour Master addressed the concern in relation to removal of wrecks from the estuary/harbour.   The Senior Solicitor advised on the difficulties and costs to the Authority previously. She referred to a stipulation within the policy that boat owners must have insurance.

 

Councillor Rossi felt it was important to include “definition of a wreck” in the Policy.

 

Access to Officers – contact details to be updated.

 

Mr Puddy referred to “Use of Facilities” within the Policy and enquired as to whether there are any proposals to supply pumping out tanks as well as water and electricity.   He was asked to put his request in writing as part of the Consultation to then take forward to Community & Resources Committee.

 

With regard to General Directions, Mr Gibbs commented as following:

 

“It is generally agreed that the current 1896 byelaws are not fit for purpose and are of little value today in the administration of the Port. Obtaining the powers of General Directions would be an effective way to write suitable Directions to enable efficient management of the Port and to repeal the byelaws as they come up for consideration”.

 

It was proposed by Councillor Hicks, seconded by Councillor Rossi that the recommendation stated in the report be approved.

 

A recorded vote was taken.

 

COUNCILLOR

FOR

AGAINST

ABSTAIN

Hicks, R

X

 

 

McGeough, D

X

 

 

Christie, P

X

 

 

James, K

X

 

 

Rossi, G

X

 

 

 

 

 

 

Mr T Gibbs

X

 

 

Mr Hardaker

 

 

 

 

 

(Vote:  For – Unanimous)

 

RECOMMENDATION:

 

That the Moorings and Facilities Policy be implemented following ratification by the Community & Resources Committee, and that Officers proceed to gaining Designation Status for the Board and to commence consultation on a new set of General Directions for the Port.