WATERWAYS MANAGEMENT COMPANY
COMMITTEE MEETING
8.00 PM ON WEDNESDAY 13TH MAY 2009
MINUTES
Present: Miles Thompson (Chair), Nick Sampson (Treasurer), Margaret Bird,
Louise Robertson, Peter Higgins, Nick Robinson.
In attendance: Richard Dorey, Waterways Residents’ Association
Chris Attwater, Peverel OM Limited
Minutes: Emma Thompson
i Constitutional Matters
It was brought to the Committee’s attention that under the constitution there
was a requirement for seven directors to be in attendance for the meeting to be
quorate. However, it had not been submitted to an AGM for ratification nor
notified to Companies House, which meant the original criteria set out in the
Memoranda and Articles of Association still applied. This is for a third of the
Committee to be present, subject to a minimum of three. It was agreed the
meeting could continue but that any decisions should be circulated to those
directors who were absent, to secure their views on the resolutions made.
RESOLVED:
Chair to present to next meeting proposals for revising the constitution in
respect of the quorum required for meetings of the Management Committee.
1 Apologies
1.1 Apologies for absence were received from Stephen Matthews, Diane
Crocombe, Paula Reynolds.
2 Private Business
2.1 None reported.
3 Approval of minutes from meeting 18 (11/03/09)
3.1 The minutes of the meeting were approved.
4 Matters arising
4.1 Mtg 18, item 3.1.3 –Chair to circulate revised table following this meeting –
open.
4.2 Mtg 18, item 3.2 – contact details – Closed.
4.3 Mtg 18, item 5 – posting of minutes – Closed.
4.4 Mtg 18, item 8.1 – Quorum required for General Meetings. Chair to draft motion
for consideration at next AGM – open.
4.5 Mtg 18, item 19.1 – Chair has yet to establish communication with the Chair of
the Woodstock Lodge Residents’ Association – open.
4.6 Mtg 18, item 18.2 – Matters still outstanding with Berkeley Homes – Peverel
OM confirmed these are as recorded on the monthly Maintenance Update
Sheet – Closed.
- Objectives for 2009
5.1 Mtg 18, item 5.1.1 – amendments to Objectives following action agreed at last
meeting – Closed.
5.2 To agree priorities within agreed Objectives – Deferred to next meeting. - Report from Parking and Traffic SubCommittee
6.1 Mtg 18, item 6.6.1 – Response from Berkeley Homes passed to sub-committee
– Closed.
6.2 Director reported that joint WMC-WRA-OCHA group had met and he had been
appointed new Chair of the group. The meeting with County Highways was
then organised and took place on 12 May 2009. Draft minutes have been
produced and following agreement to those from the County the Chair of the
WMC-WRA-OCHA group will circulate them to members of the Committee.
6.3
6.3.1
6.3.2
Concerns had been raised that some residents, particularly tenants, are parking
in bays allocated to other properties. A discussion ensued as to whether
parking bays should be marked (numbered) and the different ways in which this
could be done. The Committee recognised the arguments both for and against.
Unless a particular block complained there did not appear to be a strong
enough case to number parking bays. Residents had the option of installing at
their own cost a bollard which could be raised and lowered to avoid visitors or
tradesmen parking in a bay.
Consideration could be given to marking up visitor parking bays and turning
circles but this should wait until the full details and implications of the adoption
of the roads are known.
RESOLVED
That there is no strong case at this time for marking up parking bays with house
or plot numbers.
GSC to ensure Peverel OM notify the complainant, requesting resolution of
parking issue on Lark Hill, that detailed consideration of their complaint will take
place once the full details and implications of the adoption of the roads are
known, and this is not now expected to be until after October 2009.
6.4 It was noted that a Section 38 Agreement was with Berkeley Homes that would
clarify those roads to be adopted by the Highway Authority. Peverel OM will
obtain a copy of the agreement following adoption of the roads.
It was reported that adoption would not be likely until the end of October 2009.
The Highway Authority had taken on board all the items raised during the
consultation with residents.
RESOLVED
Frenchay Road has already been adopted and therefore the Council should be
asked to introduce the solutions proposed in this area sooner. Director to raise
this with County Highway Authority.
7 Good Neighbours Guide
7.1 Directors had met and agreed on what needs to be done. One of the Directors
has updated the parts of the document agreed so far and is now looking to
meet again with the other Director.
8 Notification of applications to local planning authority
8.1 Deferred to next meeting.
9 Treasurer’s SubCommittee
9.1 It was reported that a request for funding had been received from the
Waterways Residents’ Association in accordance with the resolution passed at
the WMC AGM.
RESOLVED
To release funding of £1,200 to the WRA, to be allocated towards the cost of
maintaining the Waterways World website, producing the Waterways World
newsletter and organising a community event. Funding to be provided in
instalments as settlement of costs become due. One instalment had already
been requested and the next edition of the newsletter was due for publication.
Two instalments would therefore be made together.
9.2 The renewal of Directors’ insurance was confirmed. It was reported that the
renewal should not require a signature from the WMC but if it was required this
task should be delegated to the Treasurer.
10 Apartment Block SubCommittee
10.1.1a Mtg 18, item 10.2 – forced entry
A final warning advising that a forced entry would be made to complete the
necessary boiler maintenance had been issued. If a satisfactory response is not
received then Peverel OM will proceed as agreed at Meeting 18.
10.1.1b It had been identified that the way in which a number of boilers had been
installed in apartments meant that a service should be completed every 12
months and carbon monoxide alarms be purchased for health and safety.
RESOLVED
Peverel OM to circulate to those apartments affected, advising owners of this.
Peverel OM to issue to all owners a copy of the recent Waterways World article
on boiler maintenance, detailing how to purge the boilers to minimise future
damage to the external fabric of buildings. Covering letter to be drafted by
Peverel OM and be reviewed by a Director. Chair to be kept informed of
progress by email.
10.2 Cleaning contract
Three tenders had been requested. The existing provider had submitted the
mid-range value and had subsequently revised this downwards, to seek to
retain the contract. The lowest bid was significantly lower but it was not known if
this was because the company was prepared to undertake the contract as a
‘loss leader’ in the hope they could pick up other contracts from within the
Peverel OM portfolio or whether it was just unrealistic. The Committee
discussed how best to ensure value for money was achieved.
RESOLVED
a) Peverel OM to request from the lowest bidder two references and an
example of a site, as comparable as possible with the Waterways contract,
where they have had an existing contract for at least the last three years, so
that an unannounced visit can be made to inspect the standard of cleaning.
This information to be provided within two weeks of request
b) in the meantime, the current contractors to receive a one month extension,
and
c) if satisfactory information is not forthcoming from the lowest bidder then the
existing contractor to be retained, the Committee being satisfied with the
current working arrangements and the standard of cleaning.
10.3 It was reported that a resident had enquired whether they would be able to
tender for work within the development. The initial view was that this could
pose a conflict of interest.
RESOLVED
To consider the request at the next meeting.
11 Garden SubCommittee
11.1.1 Mtg 18, items 11.1.2 & 11.1.4 – articles on bins and culverts had been
published in the Waterways World – Closed.
11.1.2. Mtg 18, 11.1.3 – a letter had been issued to the Chair of the Harmsworth Fund
about the condition of the grounds around the commercial block, however, no
response had been forthcoming.
RESOLVED
Peverel OM, on behalf of our Chair, to issue to the Harmsworth Fund a copy of
our Chair’s original letter, with cover letter reiterating our interest in the matters
raised. Copy to be sent to the Chair for information.
11.1.3 Mtg 18, item 11.2 – a letter had been issued to those residents living adjacent
to the public bin which was being used for domestic rubbish. Peverel OM
reported that residents had been shocked at what had been happening and
were monitoring the situation. So far, no further incidents had been reported.
11.2 Angling club – Mtg 18 Item 11.3, Actions 1a, 1b, 1c and 2 had been completed
– Closed
On Action 1 Peverel OM added that it was not known who else had ownership
rights over the lake but it was assumed to be those houses whose gardens
extended down to the water.
Action 3 awaits a response from those proposing the club to the matters the
Chair had raised under Action 2.
11.3 Landscape works contract
Three tenders had been requested. The current landscape contractor had
submitted the lowest bid. The Committee being satisfied with the current
working arrangements and the standard of landscaping it was agreed to reappoint the existing contractor for another year. Another potential contractor
had not been invited to bid this year but was considered a suitable candidate for
future reviews.
RESOLVED
a) To re-appoint Evergreen on a rolling contract for a further twelve months,
and
b) to invite University Parks Department to tender for contract beyond that
twelve month period.
12 WRA Matters
12.1.1 Mtg 18, item 16.1 – Chair was awaiting minutes from last WRA meeting – open
12.1.2 Mtg 18, item 16.2 – dealt with at item 9.1 – Closed
12.1.3 Mtg 18, item 16.3 – the Chair reported that he had yet to contact the newly
established Oxford city canal group. – open
12.2 It was noted that the Canalside Environment Group had been awarded a
cheque for £250.00 for its contribution to the OxClean initiative earlier in the
year. The Group was congratulated for its work.
13 OCHA Matters
13.1 No update from Director for liaison with OCHA.
13.2 The Committee expressed disappointment at the appearance of signage by the
canalside Rackam Place apartment block, describing the canalside garden as
private for OCHA residents of a particular block. Whilst the Committee had
some sympathy with the likely reasoning behind it, there was nonetheless
concern that this was divisive, given that private residents contribute towards
maintenance of Company land to which OCHA residents also have the benefit
of access.
RESOLVED
Director to contact OCHA to express concern and to seek withdrawal of limit
over access.
14 Complaints Portfolio
14.1 Mtg 18, Item 13.1 – it was noted that the persistent late payer had now made
contributions up to the end of April 2009 – Closed.
The Committee expressed their gratitude to Peverel OM for managing the
situation.
15 Community Room SubCommittee
15.1 Nothing to report.
16 Health and Safety
16.1 Mtg 18, item 15.1.1 – mortice lock consultation had been published in
Waterways World – Closed.
16.2 It was reported that the annual health and safety audit for the development
would take place in September.
16.3 Pest control contract
The report from Prokill to initiate pest control was received by the Committee.
The Prokill strategy had been produced following liaison with Natural England,
to ensure the baiting strategy would not threaten protected wildlife. This would
provide the WRA with due diligence on this issue.
It was noted Peverel OM had, in Prokill, presented a supplier who in their
opinion had demonstrated appropriate knowledge and competence.
Nonetheless, the Committee felt that for a contract of this value, and
importance, tenders should normally be sought from more than one supplier.
However, having regard to the immediate seriousness of the problem it was
considered to be most important to expedite a pest control strategy as soon as
practicable. Competitive tenders could be sought when the Prokill contract
expires (after twelve months). The Committee being satisfied with the proposed
strategy and fees agreed to appoint Prokill.
16.3.1
16.3.2
RESOLVED
To appoint Prokill, subject to them first supplying Peverel OM with copy of the
correspondence showing Natural England’s approval of the strategy, and
thereafter to provide regular progress reports to demonstrate continuing
compliance with Natural England’s requirements.
Peverel OM to look to ensure that future contracts for work of this value and
importance are put out to tender to at least three suppliers.
17 Any other business
17.1 Peverel OM reported an inconsistency in the conveyancing across the
development, which has resulted in the creation of two distinct financial periods.
In order to resolve this matter it is possible to
establish 1-32 Clearwater Place as a separate development so that the
service charge can be applied with effect from 1st April rather than 1st
May
arrange for a deed of variation, which would be expensive for the
owners concerned
continue to seek collection from the owners a month late.
The latter is currently taking place and it has not given rise to any complaints
from the owners. The only disadvantage to the Company is that in delaying
pursuit of the payment by a month there is a corresponding loss of interest, but
these were considered to likely be very small sums and this disadvantage is
likely to be outweighed by the costs associated with seeking to rectify the
inconsistency.
RESOLVED
Continue to seek collection a month late, that is, on 1st May and 1st November.
Chair to write to Peverel OM to confirm this.
Meeting closed at 10.20 pm.
18 Date of next meeting
8 July 2009.
Venue to be the conservatory at The Anchor unless otherwise notified.
Glossary
ABSC Apartment Block Sub Committee
AGMSC Annual General Meeting Sub Committee
CRSC Community Room Sub Committee
GSC Gardening Sub Committee
OCHA Oxford Citizens’ Housing Association
PTSC Parking and Traffic Sub Committee
MARSC Managing Agent Review Sub Committee
WRA Waterways Residents’ Association