Wivenhoe & District Sporting Facilities Trust

Registered Charity No. 1068881

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The Trust is established for the benefit of the inhabitants of Wivenhoe and the surrounding area by providing and assisting in the provision
of facilities for recreation, sports and leisure-time occupation in the interests of social welfare and with the objects of improving the
conditions of life for the said inhabitants
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Minutes of Trust Open Meeting

held on Wednesday 29th September 2010 at 8.00pm
at the University of Essex, Meeting Room 4N 6.9
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Present : N Thurston (Tempest Football Club) P Eaton (TFC), P Whearty (TFC), N Murphy-
Whymark (Wivenhoe Town Football Club/Wivenhoe Youth Football Club), S Ayton (WTFC), N
Lodge (Wivenhoe Town Council), M Goody (The Avenue Playgroup), J Dickson (TAP), C Collins
(TAP), G Scott (Wivenhoe Tennis Club), D Sacker (Wivenhoe Tennis Club), J Button, R Horrocks, J
Goody, J Welsh, K Hall (Hall Duncan Architects), B Juniper (Daniel Connal Partnership), M
Freeman (Trustee), S Wilkinson (Trustee), C Olymbios (Trustee), A Nightingale (Trustee and Chair
of Meeting)
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1.0 Welcome and announcements ACTION

1.1 AN welcomed all present.

1.2 AN announced that he was delighted to welcome two new trustees to the
meeting, SW and CO (See also later minute 5.1).
2.0 Apologies for absence
2.1 AN advised that apologies for absence had been received from, Simon Grady, Ian
Duggan, Louise Neville, Andy Brookes, Stephen Hodges, Stuart Gillman, and
Martin Peckham. There was a general apology from WYFC as the club had had
to constitute an EGM that evening.
3.0 Approval of minutes of previous Open Trust Meeting held on 14th July 2010
3.1 No adverse comments were received regarding the minutes of the previous
meeting.
3.2 On the basis of the above, the minutes of the previous meeting were agreed and a
copy signed by AN for retention in the Trust records.
4.0 Matters arising from the minutes of the previous Open Trust Meeting held
on 14th July 2010
4.1 (Reference previous minute 4.2) Regarding the deed of variation, AN advised
that he is very pleased to announce that this document has been agreed with
CBC, signed on behalf of the Trust, returned and now countersigned by CBC. As
a result of this, the Trust is now in a position to enter into formal sub-leases with
TFC and WTC and, when the mediation/court action is resolved, hopefully with
WTFC AN

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4.2 (Reference previous minute 4.7) Regarding the Trust speaking to the Charities
Commission about making variations to the declaration of the Trust, AN advised
that this matter is still with the CC and that Stephen Hodges is pursuing on behalf
of the Trust. SH

4.3 (Reference previous minute 5.7) Regarding grass cutting, it was noted that
there has been no progress on this since the last meeting. AN

4.4 (Reference previous minute 5.8) Regarding the issue of a Trust letter to
Transco asking them to fund the concreting of the access road, AN advised that
he is just waiting for some cost information from WTC. GS
4.5 (Reference previous minute 6.1) MF advised the monthly payments of £320 from
WTFC for rent contribution, as ordered by the courts, have been received at the
end of each month since April.
4.6 (Reference previous minute 8.2) Regarding funding for the corner WC
development, MF reported that he has received email confirmation from both
CBC and ECC that the £20K grant is still available.
4.7 (Reference previous minute 8.4) MF advised that the quotes for the corner
security lighting are currently being revised by the contractors as this was going
to be done as part of the corner WC development. In response to a question he
confirmed that the donation received towards this work was ring fenced. MF

4.8 (Reference previous minute 9.1 (i)) Regarding WTFC’s unauthorised use of
TFC pitches AN advised that he had written a letter on behalf of the Trust to the
Manager but had been referred to the Chairman, Carl Callan but has had no
response. GS advised that she believes that WTFC are also using WYFC pitches
without authorisation. AN undertook to contact CC again, although he was not
confident of a resolution before the upcoming mediation. AN
5.0 Appointment of new trustees
5.1 The floor queried the approach taken to identify and appoint the new trustees as
it was felt that a number of persons in the community would be willing to serve
as part of the Trust. For example, NMW stated that he believed that KH would
have been suitable and willing. AN explained the appointment process and that
KH was a good example of why the search had been restricted to word of mouth
and targeted approaches. Specifically KH would have been precluded due to his
involvement with WTFC and the current mediation/court case. The Trustees
considered it essential that Trustees were both impartial and had a good previous
record of positive community involvement. In response to an allegation
(subsequently withdrawn) that selection had been made from within ‘a group of
friends’ MF confirmed that, with the exception of Andy Brooks, the current
Trustees did not know either of the new members socially and that therefore this
was not the case. AN outlined that the appointment of the new trustees was done
within the rules of the Trust and was a long and difficult process that had been
undertaken by the Trust, under very difficult and challenging circumstances,
speaking to a variety of suitable independent people until SW and CO had
approached the Trust, been interviewed and subsequently appointed.
5.0 Chairman’s Report
5.1 AN advised that the injunction regarding WTFC is still in place and that both
parties have now agree to mediation, as encouraged by the Court, to take place on
29/10 at a location still to be agreed.

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5.2 AN advised that since the last meeting , he and MF had attended a meeting in
July at the House of a potential investor in the site. Also present had been
KH, Dave Whymark and Carl Callan of WTFC and and Brian Sinclair and
NL of Wivenhoe Town Council. At this meeting, plans were tabled showing
a potential masterplan of how the ground might be developed, including a
two storey clubhouse to the SE corner of the stadium. AN and MF had
confirmed at the meeting with the Investor that they thought the Trust would
actively support the principles of the proposal and that the plan was broadly
in line with one prepared about 6-7 years ago as a development master plan.
The Investor had said at the meeting that he would be prepared to provide
substantial but not all monies to pump prime the proposals and that he had no
business interest in the investment – purely wanted to do something for the
community. AN advised that he had agreed at the meeting with the Investor
that he and KH would work towards agreeing how the plan should be
amended to be more inclusive for member clubs before this Open Trust
Meeting. AN advised that this has now been done and that the plans that are
to be distributed by KH to all parties present are those which AN has given
broad principle approval to on behalf of the Trust. AN also advised that the
Trust fully support the outline proposals (See later minutes 8.1 – 8.13
inclusive).
5.3 Regarding the boundaries, AN reported that this issue has moved on but in a
negative way (See later minutes 7.1 to 7.3 inclusive).
5.4 AN acknowledged NMW’s recent suggestion about allotments and advised that
the Trust believes this to be a good idea but, unfortunately, can’t take this
forward at present due to the WTFC mediation/court issue. WTFC cannot grant
rights to occupy to any other organisation and could be in breach of its injunction
if it does so and the Trust cannot currently access the land to do so.

6.0 Treasurer’s Report

6.1 MF advised that the 2009/2010 accounts for the year ending 28/02/10 are with
Martyn Lewis Accountants and that his latest advice is that the audited accounts
should be back with the Trust by the middle of next week.
6.2 MF advised that the Trust’s finances are very tight at present with no funds
available to contribute towards the full completion of the corner WC
development due to having to pay legal fees in connection with the WTFC
mediation/court issue.
6.3 MF advised that at the end of August the Trust had approximately £2,350 in the
bank having made a further quarterly payment to CBC for the annual rent but that
other payments still have to be made over the remainder of the year, as follows:-
(i) CBC Rent – final quarterly payment of £1,586.75 is due to be paid on
25/11/10.
(ii) Total liabilities to Mills & Reeve for their legal fees in connection with
the WTFC mediation/court issue is expected to be in the region of £5,510. A
current bill of £3,337.54 is outstanding dated 16th August and will be settled in
the next few weeks.
(iii) Further payments will need to be made to cover rubbish removals (£19 x
6 = £114)
6.4 MF advised the Trust will be receiving a donation of £3,000 within the next week
(See also minute 6.8 below).

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6.5 MF advised that assuming the current income of £320 per month continues from
WTFC for the remaining 6 months, the Trust will be able to meet its obligations
for the year without the recovery of further monies via the mediation or court
from WTFC.
6.6 MF reminded the meeting that up to 28/02/10. WTFC owed the Trust a total of
£9,807.63.
6.7 MF reported that a bill had been received from Veolia for water charges from 1 st
March to end of July 2010 in the sum of £590.80. MF advised that he had told
Veolia that this needs to be directed to WTFC but that they need to see a copy of
the court order to do this. MF undertook to send.

MF
6.8 In answer to a question asked by NMW, MF advised that the £3,000 donation
was his personal donation.
7.0 Boundary between CBC and WYFC land
7.1 AN advised that despite previous discussions and informal agreements with
WYFC, they have gone ahead and erected a fence along the disputed boundary
line. It was agreed that this is most disappointing and caused great inconvenience
to TFC as it materially affected their pitches.
7.2 AN advised that he understands that the CBC Surveyor (Simon Stroud) is
meeting with KH (on behalf of WYFC) on site on Thursday 30/09. KH
confirmed this. AN undertook to contact CBC after this time and to report back
any advice received from CBC as to the discussions and agreements, if any, that
have been reached. AN
7.3 AN advised that he has written again recently to WYFC to slightly amend the
Trust’s position regarding the boundaries.
8.0 Development plans for Broad Lane
8.1 KH issued plans (Options One and Two) of how the future development might
look and be planned and confirmed that the Investor is an independent local
businessman, not specifically linked to WTFC, although the contact has come
that way, who wants to put something back to the community, realises the
potential of this development and is willing to part fund the development.
8.2 KH advised that the pitch sizes shown are approximate and that there will be a
number of iterations to ensure that all parties are happy with the plan before it
goes forward for such matters as planning permissions and the like.
8.3 AN advised on behalf of the Trust, that the main challenges he could see were
the unresolved situation regarding WTFC’s occupation of the site; the working
relationship and integration between 2 site owners/leaseholders (WYFC and the
Trust); and the governance arrangements to procure and manage the facility – all
of these will need to be resolved and agreement will need to be reached on some
difficult matters in order to make this happen . However he did advise again that
the Trust fully supported this exciting move forward in getting better facilities for
the sporting community of Wivenhoe and district, which is consistent with its
remit. He noted the Trust’s previous success in obtaining grants and delivering
community facilities.

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8.4 NL advised on behalf of Wivenhoe Town Council that in order to attract match
funding through grants and the like in order to make this fully happen, all parties
must be seen to be working together. This was agreed by all present.
8.5 AN advised that copies of the plans had been given to both TFC and Wivenhoe
Tennis Club in advance of this meeting in order that consultation could
commence within these two integral members of the trust.
8.6 It was agreed that both diversity of use and daytime use was going to be very
important in the formulation of a viable business plan for the site. In this respect,
AN confirmed that the Trust would be very happy to see such users as the
Avenue Playgroup involved in using the building and facilities.
8.7 Regarding planning permission, KH advised that he doesn’t believe that this will
be an issue for CBC. AN cautioned that there are a number of historical issues on
planning still outstanding with CBC that may need to be addressed as part of the
development.
8.8 Regarding cost, KH advised that the Investor has a QS Cost Plan for the
development, prepared by Daniel Connal Partnership, represented by BJ and that
the total costs would be in the order of £1.4M.
8.9 It was agreed that a business plan will need to be prepared with input from all
parties to show how the facility will be able to operate after development. It was
noted that a robust case on recurrent costs would be needed to underpin any bids
for capital funding.
8.10 It was agreed that the Trust should establish a separate group with nominated and
authoritative members from each interested party to be involved in a committee
to drive this project forward. Suggestions on membership to be made at the next
meeting.
8.11 It was noted that WYFC’s right to access across the Trust’s land would need to
be agreed and planned in so that it is provided to suit the layout of the
development.
8.12 It was agreed that a system of good governance is essential to the long term
success of the developed facility.
8.13 It was agreed that WYFC and WTFC(subject to outcome of mediation) ideally
need to be at the next meeting (See later minute 13.1) to be part of the
discussions about the development plans. AN asked for feedback from all parties
before the next meeting if possible so that these can be collated and included as
agenda items. All
9.0 Report on Corner WC Development
9.1 MF advised that the current design of the WC block will now need to be altered
to bring it line with the layout shown on KH’s plans. KH confirmed that he
would be happy to do this so that the works can be integrated into any further
development.
9.2 AN suggested that perhaps KH could speak to the Investor about putting some
funds into this initial part of the development so that all of the WC block could
be completed as there are only funds available from ECC and CBC to part
complete the facility. KH
10.0 East of England Ambulance Notice

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10.1 AN advised that he had issued an East of England Ambulance Notice with the
agenda and asked all clubs to ensure that their managers are aware of this
requirement for a post code, clear address etc to be given in times of an
emergency. After discussion, it was agreed that a large sign should be put up on
the back of the Stand facing the rear fields. JW advised that he will make up and
fix the sign if provided with details. AN/JW

11.0 Report from Member Clubs

11.1 Regarding TFC, PE advised that the season has started well, the club is strong
entering teams in all age groups. The only major issue is the boundaries dispute
with WYFC and that this, without further work, is restricting TFC to only 2
pitches, which is not sufficient.
11.2 NT advised that TFC have to decide in the very near future if they should
relocate their pitches within the Trust’s land to be able to reinstate the 3rd pitch
and advised that they would like to speak to the Trust after the meeting. SA
offered his services to assist TFC to do this if so decided. (Post Meeting Note:
after discussion regarding options, the Trust confirmed that they have no
objections to TFC relocated the pitches in order to be able to play on 3 as
required).
11.3 NT asked if TFC could have another key to the Car Park toilet block. NMW
undertook to arrange. NMW
11.4 GS advised that the TFC padlock on the tennis courts has rusted up and people
have been climbing the fence to recover footballs. NT undertook to remind
everyone not to do this as it might damage the fence and to replace the padlock.
NT
11.5 NT advised that TFC have an issue with cars going over pitches to reach the
WYFC pitches and that he has asked WYFC to stop this. NMW undertook to
remind WYFC that this must not happen and that a route should be taken to the
South, away from the pitches if access is needed. NMW
11.6 Regarding WYFC, no report was received.
11.7 Regarding WTC, GS advised that membership is holding up and that the winter
league is just starting. Public pay and play levels have been good this summer
and that the two main issues are the road (referred to in earlier minute 4.4) and
the lack of running water in the pavilion.
11.8 Regarding WTFC, SA advised that the first team were ‘flying’ with very good
recent results and that the reserve team were also doing very well. SA also
advised that some of the WYFC teams are using the stadium.
12.0 Any other business
12.1 NMW asked regarding the progress of the green path from Broadfields to Broad
Lane. KH advised that he believes that there may be some Section 106 monies
within CBC that could be allocated to this. NL undertook to ask Wivenhoe Town
Council to request an update from CBC. NL
13.0 Future meetings and close
13.1 As noted in the agenda, the next Open Trust Meeting is due to be held on
Wednesday 10th November 2010 starting at 8.00pm at the University of Essex
unless advised otherwise. All

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13.2 AN thanked all present for attending and closed the meeting at 9.45pm.
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Mark Freeman
10/10/10

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