2nd October 2014

The Garrison Residents' Association

Minutes of a Committee Meeting held at Hinguar School on 2/10/14

Present

• John Dowell (Chairman)
• Chris Coomber (Hon Treasurer)
• Adrian Walker (Hon Secretary)
• Barry Spinks
• Cliff Marshall
• Jonathan Hunnable
• Daniel Puddick
• Michael Kennedy
• Ian Dally 
• Scott James
• Jamie Robinson
• Viv Jones

Apologies

• Viv Byczinsky
• Matthew Brittain

Minutes

Minutes of the meeting on 18/8/14 were approved.

John Dowell opened the meeting by explaining that much had happened since the previous meeting and so much was still hanging in the air that it would be difficult to encapsulate it all. He apologised for the plethora of documents he'd had to supply for that evening's meeting. He hoped all present had had the chance to read and understand what had been going on and he would begin by covering the minutes of the previous meeting with George Cronin on 27/8/14 when we had reached agreement on specific figures. We were later informed by email of a reduction of £10,000, apparently to be used for other C & M purposes. The GRA had stressed the importance of having detailed information of the site work included within the fluid £90,000 figure agreed. To date only the work to drains in Chapel Road had been attended to, but not much since.

As to the 'letter of comfort' from Colin Lewis, (GC's superior), which had been promised, JD said we took the view it was a document which gave no comfort at all. This was of particular concern as GC was to become a consultant to C&M rather than an employee. The 2013 accounts for SGMCL had missed the deadline for filing (again) although JD had had verbal confirmation that day they had been signed by GC, although not by Jo Massey, the other signatory. JD said we should wait till they had been filed before we made any further move.

He said we had been playing 'catchup' for a long time and much that had been promised had not materialised. GC's response to JD's letter expressing dissatisfaction at Colin Lewis's 'letter of comfort' solved no problems. Information requested from GC quantifying the £90,000 had not been mentioned since the meeting with Officers and the deadline set by the GRA for confirmation had passed.

Section 20 works on leasehold properties will now not be started till 2015 and a copy of a letter to leaseholder residents sent from Nationspaces confirming this had been withheld from GRA officers on instructions from GC. The Section 20 situation was highly unsatisfactory, since the original meeting between C&M, Nationspaces and the residents concerned, at which agreements were reached, took place almost two years ago. At that time residents were offered a 20% reduction, subsequently increased to 30%, but this had now been reduced to 20% due to increases in costs caused by the delay. The delay was almost entirely due to errors and poor management by Nationspaces and C & M as the Section 20 work is overdue since 2007.

GRA officers had agreed the previous week they should make one last attempt to seek agreement with C&M and JD had spoken with GC's assistant suggesting a telephone conversation between JD and GC. As a result, GC had called JD that afternoon at which the former had indicated he was content to provide the information he had previously withheld. 

In the same call GC said all the prospective managing agents had attended the site with GC and he said they all seemed enthusiastic. JD reminded the meeting that all prospective managing agents were required to be fully RICS qualified. The candidates would need to make written proposals by 10/10/14 at which time GC would take a view of the situation. JD said he had no concerns as to the fitness of all candidates involved. Scott James asked if any agents not on the original list had been approached and JD said no. 

JD explained it remained GC's intention to invite the GRA Officers to the final interviews to give their views and JD said the GRA would accept the opportunity to question the candidates from  their own experience of the site. The final decision will be made by GC in his capacity of Managing Director of SGMC Ltd. GC wanted finalisation of the handover of the site by 1/1/15. He also wants to meet the new board applicants soon and intends to invite two of them to join the board in advance of the handover. 

JD has a meeting arranged off-site with GC on Tuesday October 7th. At that meeting JD does not intend to change the views expressed in his letter of 15/9/14 to GC as it is a fundamental requirement that the repairs originally listed as within the “£90,000” list should be transparent to residents. JD said he had not seen the 2013 SGMC accounts but would receive a copy in due course and they should show a minimum £135,000 ring fenced funds in the account on handover. Chris Coomber said the meeting with GC had been 'lively'; we had been given undertakings by GC on the financial numbers which had been agreed upon and he had reneged on them. Michael Kennedy congratulated the officers on their achievements so far. 

Barry Spinks asked what would happen if the board applicants declined to take up their positions? JD replied SGMCL would have to remain as managers of the site. Jonathan Hunnable said this was C&M's Achilles Heel because the last thing it wanted was to be left running the site, especially as they were in the process of selling the company. BS asked if we should have a strategy for managing such an outcome, but JD replied it was for C&M to deal with that. BS repeated his question saying being forewarned was being forearmed but JD again said this was SGMCL's problem and we didn't want to add to our own. CC said due diligence on the part of would-be purchasers would be difficult given the company's history. BS again said we would need a plan. Scott James said the final SGMC accounts would be the most important thing for C&M at the moment. 

Jamie Robinson asked where the Section 20 issue fitted with all this and would the costs of the remedial work appear in the accounts. JD replied there would be many adjustments in the accounts caused by an accumulation of misreporting over the years and the £135,000 would appear there and be ring fenced. JD said he was confident the 2013 accounts would be signed but we needed an acceptable level of outstanding works to be concluded.

Cliff Marshall suggested C&M must be open to a class action from residents on a number of issues. JD said SBC were withholding certain permissions over outstanding works and there was still some doubt over the metal frame of the proposed Heritage Centre structure. CM said he had spoken to some of the workers on the sea wall repairs, who had complained of their difficulties in dealing with SBC.

JD said he would report back after his meeting with GC, but he expected to be given a proper schedule of works so that residents could be confident they were not paying for work which should have been done by C&M. CM brought up the matter of the insurance premium money still unresolved and JD replied the money was probably sitting in an account somewhere and should be possible to locate via due diligence.

JD said the Garrison Residents Association (GRA) should continue under the successor Directors of SGMC following the handover. 

CM said he had received a letter from GC concerning too many applicants for board positions from Mess Road, but as far as he was concerned, he would not be following up his application until he was satisfied everything to do with the handover was in order. Michael Kennedy said the two applicants from the Outlook apartments could not agree which one should go forward and he suggested both should. JD said this was a decision for GC.

Jonathan Hunnable said he thought there should be contingency plans in the event of our failing to secure necessary assurances from GC and suggested such plans should be considered following JD's meeting with GC and sight of the 2013 accounts. JH said we need to know from GC when the accounts would be filed so as to give comfort to those residents applying to be on the new board and if that were not forthcoming we should consider a letter to Neil Fitzsimmons, CEO of Avant Homes. CM asked how the GRA could influence events if things didn't go our way. JD said a possible answer lay with Mr. Fitzsimmons and we would write to him on behalf of the GRA. CM suggested asking residents to contribute to a 'legal aid' fund in case of a need for litigation, but JD replied that was not the best way to go about it. CM said he'd asked Ralph Syme to provide the GRA with copies of invoices from suppliers so that residents could know how their bills were arrived at, but RS had replied he'd been instructed by GC not to deal with the GRA.

Treasurer's report

CC said there was no change on the previous report. 

CC offered to turn all the GRA records into readable PDF files for easy access.

Any other business

JD referred to a recent serious sewage problem involving the pumping station off Warrior Square Road and how Contractors had had difficulty in locating it due to dense surrounding undergrowth. The site was now accessible but not previously serviced as C& M and Nationspaces appeared unaware of its existence.

AGM

JD reminded the meeting that the GRA was due on the 24th November at Hinguar School and he intended to invite local councillors as in previous years.

Spa

This had opened on 29/9/14. JD said there was no problem as far as he was concerned except that the owners had written to members suggesting if they couldn't park in Horseshoe Crescent, there was space in Chapel Road. The owners know full well there is no right to park in these areas or in any other areas of The Garrison other than in residents' allocated spaces and this was a condition of their taking on the site; there had already been complaints from Horseshoe residents about users of the spa parking in residents' spaces. JD questioned, since the spa is open only to Garrison residents, why is parking space needed at all?

Website

JD suggested the site should be used more and asked for ideas.

Thieves

Ian Dally said cyclists had been caught on camera in the early hours of the morning peering into vehicles.

There being no further business, the meeting closed at 9.15 pm.