Minutes 09/06/2014

MINUTES – ABAS MEETING 09/06/2014

ASTLEY BRIDGE CRICKET CLUB

Attendance: 25 delegates from 11 sites

 The Chair opened the meeting by welcoming everyone

The Minutes of the last meeting were passed by the meeting

Matters Arising from the last meeting

The CVS bid has been submitted

 

Matters Arising in the Interim between Meetings

The following matters had been raised by members and discussed with the Council.

• Inclusion of Forward plans in the OMA – see blog-site
• Jurisdiction of Societies over non-members under the OMA – see blog-site
• Dealing with aggressive and abusive tenants

o   The Council have stated that abusive behaviour towards Society officers and other tenants will be treated as a breach of tenancy and dealt with as such. If problems arise societies should collect evidence and submit this to Malcolm Russell.

• Permission for events under OMAs

o   Societies should submit a calendar of events together with details of their insurance provision to the Council as part of the OMA

• Creating a Welcome Booklet

o   Some sites wish to create welcome booklet for new tenants – ABAS has obtained copies of useful documents from the North-West Counties Allotments Association. Societies can access these by emailing boltonallotments2014@yahoo.co.uk

 

Progress on OMAs

·         Harpers Lane have completed their OMA

·         Florence Avenue are currently completing their OMA

·         9 other sites are at various stages of the process

·         One site (Lowndes Street) has decided not to pursue an OMA

 

Competition

Terry Farrell reported that eight sites have entered with a total of twenty plots for judging overall. The first round of judging will be completed on Tuesday 10^th June. The judges were very pleased with the standard of the plots seen so far. The final round of judging starts July 14^th.

 

It was suggested form the floor that the presentation of prizes should take place at Harpers Lane Open Day (August 10^th) and that the Mayor should be approached to present the prizes.

 

Any Other Business

• Sapling Rd enquired as to the position of structures left on plots when they become vacant. The Assistant Secretary promised to follow this up with the Council and post the results on the blog-site.
• Haslam Park and Dealey Rd. need help in forming a constituted society. ABAS will provide assistance as asked. (Terry Farrell has offered to visit and attend a site meeting.
• Cemetery RD Farnworth reported that reinstatement work following repairs to the cemetery retaining wall has not been carried out as agreed. In particular repairs have not been made to fencing and some plots have been left unusable. Terry Farrell and Jeff Gibson will visit and report back to ABAS.
• The meeting was informed that CVS (The Hub) is hosting a workshop on the 9^th July on ‘How to find the right grant” – details via the CVS website

Meeting Closed

Date and Venue of next meeting: 8.00 p.m. 14^th July at Astley Bridge CC

 

 

Structures on Transferred Plots

At the last ABAS meeting, the question was raised as to what was the correct procedure when a plot became vacant and there was a structure on it – e.g. a shed, a greenhouse or a chicken run.

We’ve discussed this with the Council and our current interpretation of the situation is as follows:-

Where the outgoing tenant is available then the Site Society should attempt to broker a settlement between the outgoing tenant and the incoming tenant – this settlement may or may not include payment. If this can be achieved then the incoming tenant then takes over the structure. The Site Secretary should ensure that there is a signed document in which the outgoing tenant gives up any title to the structure. There have been a number of cases reported in the national journal of tenants returning to a site after having left and trying to reclaim a structure - usually a metal framed greenhouse which is readily transportable.

If the incoming tenant does not wish to take over the structure then it is the outgoing tenant’s responsibility to remove it within three weeks of terminating their tenancy. If the structure is in reasonable condition and could be transferred from its existing position onto another plot then the site society may acquire ownership of the structure (in agreement with the outgoing tenant) and take responsibility for its transfer within 3 weeks (again payment may or may not be involved). Again the outgoing tenant should relinquish any claim to the structure in writing.

These are the two most desired outcomes – note that both require the Site Society to contact and gain the agreement of the outgoing tenant.

The Tenancy Regulations state that if the structure is not transferred to the incoming tenant or otherwise removed from the plot the Council will remove it and recharge any costs incurred to the outgoing tenant. In practice this rarely happens and the structure is simply left on the plot.

In this case:-

a)      If there is no gap in tenancy of the plot, the ownership of the structure, and/or the responsibility for its removal, effectively transfers to the incoming tenant. – but note our previous comment about former tenants returning(outside a reasonable period)  to try to reclaim structures.- here at least one society has had strong and effective support from the Council  when resisting such claims on behalf of the new tenant

b)      If there is a gap in tenancy then the structure becomes the property of the council until such time as the plot is re-let (and thus cannot be resold or given away by the Site Society as has been the previous practice of some Secretaries). Once a new tenant has taken on the plot a) above applies.

 

In effect an unwanted structure / ownerless structure is a form of waste.

 

The Council’s stance that they will not remove redundant structures extends to waste on vacated plots in general. The only waste they will remove is hazardous waste (the prime example of which is asbestos).

 

In other circumstances the incoming tenant takes on the plot “as seen” – the Council will not be clearing plots, providing top soil or any of the other tasks which TV programmes seem to suggest get done for new allotment holders.

It is always open to Societies to organise volunteer groups to clear abandoned plots (whether by designating them as community plots or not). However you should ensure that any society doing this either has Volunteer Insurance or gets the members of any working party to sign a suitable disclaimer form. This option is probably most applicable to Societies with OMAs.

 

The Council has in the past suggested that this might be an area for co-operation with bodies such as Community Payback.

5-year plan

Under proposed OMA arrangements sites are invited to submit a 5-year forward plan.

So far we think that the following elements could usefully be included:-

PROJECT LIST - a list of the site management and improvements projects (such as installing composting toilets) that the Society would hope to undertake with some kind of timeline. It would be useful to indicate where such projects would be the subject of grant applications and to indicate where support from the Council in the forms of letters of understanding, building leases. etc. would be needed.

PROGRAMME OF EVENTS - particularly annual and seasonal events - whether fundraising or other - it would be especially relevant to state if the monies from these events are intended to fund the projects referred to earlier  .

COMMUNITY OUTREACH - any initiatives that the Society might hope to innovate with other community groups e.g. having a café in the Amenities Hut once a week, linking surplus produce to Food Banks and / or projects like the recent Diggers' Kitchen initiative, or working with local schools.

Any ideas about formats and content would be gratefully received at ABAS (boltonallotments2014@yahoo.co.uk) and we'll do our best to circulate them.

Answer to Query

We have been asked to clarify the position relating to a Society which has signed an OMA with the Council when carrying out the functions specified in that OMA.

The OMA covers the SITE

The Society is acting as an agent of the Council when

• Issuing a stage 1 notice of Breach of Tenancy
• Providing evidence to the Council at Stage2 - which leads to the Council issuing a warning notice
• Providing evidence to the Council at Stage 3 - which leads to the Council issuing a notice to quit to the tenant

The Society is acting as an agent to the Council when it reviews

• Requests to erect a structure on a plot (the Site Secretary has historically always had a role as the first stage of this process) 
• Requests to keep poultry on a plot

In dealing with these requests the Society applies strict criteria laid down by the Council in the OMA conditions.

It is only where the applicant and the Society disagree over an application that the Council becomes involved as the final arbiter

The Society performs these functions with regard to ALL plot-holders on the site not just those who are members of the Society.

All plot-holders remain tenants of the Council and their rights of appeal to the Council are unchanged

We have also been asked to confirm with the Council the position in relation to tenants who are abusive, threatening or violent towards either Society officers or other tenants.

The Council has confirmed that it would regard such behaviour as a breach of tenancy and where the Society can provide adequate evidence it will take action under the Breach of Tenancy system.

MINUTES OF 12.05.2014

Minutes of ABAS Meeting held 12^th May 2014

 Some 35 people from 9 allotment sites in Bolton registered their attendance at the ABAS meeting.

 The meeting began with a series of presentations highlighting the present situation on the following

Information on Waiting Lists

There are currently around 300 people on the Council’s waiting list.

Where Societies have shown an interest in OMA, then waiting lists will not be issued to Site societies until OMA agreements are in place.

On site where there is no interest in OMA then the council is proceeding to release plots to those on the Waiting List based on centrally held data.. Some 70-75 vacancies have been identified, 10 offers have been made to date and a further 40 are anticipated in the next 10-14 days.

Allotment Competitions

Competition Forms have been issued to the respective Site Societies (and have also been available through boltonallotments2014@yahoo.co.uk The Closing date for entries is the 16^th May

We are still seeking sponsorship / support for the Allotments Competitions – the following were suggested: Warburtons (Jill Kippax), and the COOP Bromley Cross

 OMA Present Status

 Presently some 10 sites have registered with the Council indicating that they are interested in operating the OMA on their sites.

 Council is now progressing discussions and agreements with these individual Societies

 If all these sites sign up they will comprise approximately 590 plots of the 800 plots on eligible sites in Bolton.

 Following their meeting with the Council earlier in the day the ABAS Committee advised that the central core of the OMA is the admin and tenant management tasks – this is what the Council want societies to do. The range of minor maintenance tasks listed in most OMAs is not central to their concerns. Basically if a society doesn’t do them then it will simply have to live with the consequences e.g. uncut grass. Similarly issues around community plots are unlikely to be a deal breaker .A variety of models and approaches are likely to be acceptable.

 Discussions from the Floor regarding OMA

 The cost of Weed killing agents will be met by the individual society.

One site reported that it has Asbestos sheeting on the plots. ABAS advised that this is a H&S issue and removal should be undertaken  by the Council

 Fires are allowed on sites provided that this is in accordance with the tenancy agreement and that fires do not offence to neighbours and no obnoxious materials are burnt

 The ABAS Committee advised that wherever possible fires should be restricted to certain parts of sites and to certain pre-arranged dates.

 Summary

It was the opinion of the ABAS Committee (and the meeting in general) that plot-holders need to realise that the Council will not / is not able to devote the level of resources to allotment management that it did in previous times. We will have to do much more for ourselves if we want things done.

 Leeds Federation

 The Leeds Federation’s former agreement with the Council had been seen as something that ABAS might aim for. However there are now problems as the Council seeks to gain more revenue which the Federation is resisting.

The Federation is taking legal action.

 Grant Applications

 ABAS still needs funding to cover running and administrative cost. The Assistant Secreatry is preparing a bid to the CVS.

 Motion / Proposals None

 General Comments from the meeting attendees’

 Tonge Fold

The site representive mentioned that they had been waiting for 2 and half years for planning approval for a meeting hut to be approved by the Council.

 Bee keeping on allotments,

Interested parties were introduced and are discussing the feasibility and methods of Bee Keeping

 Mobility Access to Individual Allotment Sites

This point is noted, as many sites are not suitable for mobility scooters.

Further Note: ABAS representatives followed up this point at a CVS meeting and are investigating sources of funding to improve access.

 

Date of Next Meeting is Monday 9^th June 8pm Astley Bridge Cricket Club

 

 

 

 

PLANT SALES

PLANT SALES

Florence Avenue Allotments Site - May 18th

Transition Town - Southfields Pub - Green Lane Bolton - 7th June 2014 11 - 2.00 p.m.

Minutes of ABAS Meeting 14.04.2014

Astley Bridge Cricket Club

There were 27 delegates present from 14 sites

The Chair opened the meeting and welcomed everyone

The Assistant Secretary presented the minutes of the last meeting and the matters arising.

He confirmed that the Council will only release waiting lists to those which adopt an OMA. On the question of subsidies he read out a statement by the Executive which will also be posted on the ABAS blogsite. The Executive will not be pursuing this matter with the Council at this time.

The New ABAS constitution was presented at the meeting, and with some minor amendments was adopted. Motion proposed by R Maginn (Sapling Rd.) and seconded by M Smith (Florence Avenue). Copies will be provided to secretaries of all member societies as soon as soon as possible.

It was proposed that ABAS form a sub-group of those sites which intend to take up an OMA. Interested groups are invited to contact the association and a decision as to whether to have a sub-group or to continue with these issues at full meetings will be discussed at a later date. There was also a suggestion that ABAS take on the former Allotments Officer role as ‘surrogate’ secretary for some of the smaller sites. This too was tabled for discussion at a later date if members are interested.

ABAS is to take over the running of the Fairhurst Trophy, the Greenhalgh Trophy, and the New Tenants Trophy from the Council. ABAS is also reintroducing the Rose Bowl for ‘Best Site’. Entry Forms are available either from Terry Farrell 0786 393 3064 or from boltonallotments2014@yahoo.co.uk.

Any Other Business

Most items had been fully discussed during the evening so there were few questions.

R Magin (Sapling Rd.) said that Avondale Rd had not known about ABAS until he mentioned it to them. Terry Farrell said that he and Jeff Gibson had now visited most of the larger sites and they were now hoping to visit small sites ABAS membership.

Florence Avenue reported that they were meeting Malcolm Russell to discuss an OMA.

They are also holding a Spring Sale on May18th.

It was reported that Terry and Jeff have again visited Cemetery Rd to see what progress has been made on the Cemetery all. They were pleased to see that good progress had been made and that work was well advanced. They will visit again in the near future.

Following the meeting Terry Farrell distributed competition forms to those societies represented at the meeting.

The next meeting will take place on Monday 12^th May 2014 at Astley Bridge Cricket Club. (8.00 p.m. start).

If any member association has matters for that meeting please contact boltonallotments2014@yahoo.co.uk or telephone the Assistant Secretary on 07767 220391