Meeting documents

20 EMERGENCY EVACUATION PROCEDURE

The Chair(person) drew attention to the emergency evacuation procedure as set out on the Agenda

21 DECLARATIONS OF INTEREST

Rob Scott, Adviser to the Trust, declared a personal interest in all items as a season ticket holder.

22 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)

The Chair announced one item of urgent business that had arisen since the publication of the agenda, concerning repairs to the turnstiles. This item would be taken on conclusion of the published agenda items.

23 QUESTIONS AND STATEMENTS

There were 9 statements for which notice had been given, plus those speakers who took the opportunity offered by the Chair to make an ad-hoc contribution without notice. Those speakers who made their statements at this point in the meeting are listed below. Those who chose to speak later in the meeting are recorded under the relevant minute heading. [When provided, copies of the statements have been placed on the Minute book.]

Mr Gilson

Mrs Ferol

Mr Hooper

Jill McGarrigle

David Grindrod

Bob Calleja

Councillor Andy Furse

During the statements, the Chair asked the Council Solicitor to advise. He explained that, in the context of forceful views being put forward in some of the statements which suggested a degree of wrongdoing on the part of the Trustees, it would be pertinent to advise that all the reports before the Trustees had been approved by independent Counsel as being proper, accurate and adequate for their decision making.

24 MINUTES: FRIDAY 23RD MARCH 2007

On a motion from Councillor Sir Elgar Jenkins, seconded by Councillor Gerry Curran, it was

RESOLVED that the minutes of the meeting held on Tuesday 12^th December be confirmed as a correct record and signed by the Chair(person).

25 STRATEGIC REVIEW - PUBLIC CONSULTATION REPORT (Report 7).

The Chair invited Jeff Bishop, the independent consultant appointed to manage the consultation programme for the Strategic Review, to outline his findings to the meeting.

Tony Crombie made a statement (a copy of which has been placed on the Minute book.)

The Chair then opened up the meeting for up to 10 minutes of questions to Mr Bishop on his presentation. The following people took up this opportunity; Neil Jackson, Councillor Sarah Webb, Jill McGarrigle, Alun Morgan, Lorna Jackson, Tony Crombie, Worthy Gilson.

Sir Elgar Jenkins thanked Mr Bishop for his work. He sought reassurance from the Council Solicitor about the probity of altering the terms of the Trust Deed, should that become necessary in the future. The Council Solicitor concurred with the general presumption that if land has been conveyed on trust, the Council should comply with the original terms, if possible. However, following the High Court decision, there was some doubt as to whether the terms of the original gift could actually be complied with. This would be the starting point for consideration of any amendments that might be considered appropriate

Councillor Sir Elgar Jenkins, in moving the motion, gave his personal view that he favoured a gift rather than a loan.

Councillor Gerry Curran, in seconding the motion, commented that it was wholly reasonable to seek further independent advice to clarify the outstanding legal issues.

It was then

RESOLVED

(1) To note the findings of the public consultation;

(2) To authorise the additional expenditure (funded via a council loan) to clarify outstanding legal issues in relation to tenure, liability & risk of challenge, and the possibility of altering the terms of the Trust Deed - subject to a cap of £40,000; and

(3) To agree to meet with the Charity Commission to discuss further relevant issues.

26 THE RECREATION GROUND, BATH - LAND FOR EAST STAND - BATH RUGBY (Report 8).

Tim Hamilton made a statement.

Tony Bartlett, Adviser to the Trust, reminded Trustees that they were making a decision in principle only at this stage and informed the meeting that a further meeting of the Recreation Ground Trust Board would be taking place on 17^th April 2007.

On a motion from Councillor Gerry Curran, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED

(1) To agree that, in principle, it is in the best interest of the Trust to grant a further lease to Bath Rugby plc of the land for the temporary east stand;

(2) To authorise the Trust's advisers to engage consultants to negotiate the rent payable in respect of the new lease; and

(3) To receive a further report at a future meeting on the outcome of the negotiations.

[Further meeting to consider the outcome of the negotiations will be on 17^th April 2007.]

27 URGENT ITEM - REPAIRS TO TURNSTILES

Tony Bartlett, Adviser to the Trust, explained that the turnstiles at the Recreation Ground were in urgent need of repair and referred to the late paper that had been circulated settting out the position (and copies placed in the public gallery.)

Cllr Andy Furse had asked a question at the start of the meeting which related to this item. With regard to this, and the earlier request for a loan from the Council, Councillor Furse enquired whether the Trust was insolvent. The Solicitor to the Council explained that the Trust would not become insolvent unless the Council became insolvent.

Councillor Sir Elgar Jenkins supported the need to request funds for the repair work to be undertaken.

Councillor Gerry Curran endorsed this view as it was encumbent upon the Council to have an interest in historic monuments.

On a motion from Councillor Sir Elgar Jenkins, seconded by Councillor Gerry Curran, it was

RESOLVED

(1) To request Council to undertake the necessary works to repair the turnstiles at the Recreation Ground and recover the costs from the Trust over a mutually agreed period.