Meeting documents
Board of Trustees of the Recreation Ground, Bath
Tuesday, 2nd November, 2004
BATH RECREATION GROUND TRUST
Tuesday 2nd November 2004
PRESENT -: Trustees: Councillors: Jonathan Gay, Sir Elgar Jenkins OBE and Rosemary Todd
Officers in attendance-: Jean Hinks (Resources Director), Vernon Hitchman (Solicitor of the Council), Tom McBain (Head of Property & Legal Services), Tom Dunne (Democratic Services Operational Manager), Jack Latkovic (Democratic Services Officer), Rob Scott (Team Manager - Corporate Property) and Peter Tovey (Financial Accounting Manager)
Observer-: Councillor Brian Webber, Abbey Ward Councillor
-
1 ELECTION OF CHAIR
RESOLVED that Councillor Jonathan Gay be elected Chairman of the Board until the first meeting after the Annual Meeting of the Council due to be held on 12th May 2005.
2 EMERGENCY EVACUATION PROCEDURE
The Democratic Services Officer drew attention to the emergency evacuation procedure as set out on the Agenda.
3 DECLARATIONS OF INTEREST
There were no declarations of interest made.
4 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)
There were no items of urgent business.
5 QUESTIONS, STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS
Statements were made by the following members of the public who gave notice prior to the meeting:
Mr Worthy Gilson made a statement, on behalf of the `Friends of the Bath Residents' Recreation Ground', objecting to the constitution and composition of this Board.
Mr A B Hooper made a statement objecting to the composition of the Board on the basis that the elected Councillor Trustees have multiple conflicts of interest.
Mrs B P Ferol made a statement also objecting to the constitution and composition of the Board.
Mr Terry Reakes made a statement where he expressed concern about the way the issue of trusteeship of the Bath Recreation Ground Trust was being dealt with and the Council's conduct in relation to the purchase of the Bath Sports Centre land.
Full copies of the statements are available for inspection on the Councils minute book which is held at Democratic Services, Riverside, Keynsham.
The Chairman allowed the following members of the public who had not given prior notice to make statements at the meeting:
Mr Steve Osgood who questioned the Trustees' conflict of interest.
Mr Ian Jackson who also referred to the Trustees' conflict of interest and pointed out that the land managed by Bath Rugby was in fact under the control of a Public Limited Company and not a registered Charity.
Mr Tom Evans who questioned legal aspects in regards to Trustees' conflicts of interests.
The Chairman informed Members of the Public that he would give them the opportunity to speak or ask questions relating to each Agenda item immediately before that item.
6 TERMS OF REFERENCE OF BATH RECREATION GROUND TRUST
Following debate between the Trustees it was RESOLVED that the Terms of Reference of Bath Recreation Ground Trust be approved and adopted as set out, subject to the following amendments:
- First paragraph - `Delegation'
-
"..of The Bath Recreation Ground Trust (comma removed) has delegated to this Committee"
- Second paragraph - `Function and Duties'
-
".and manage The Bath Recreation Ground Trust in line with"
- Third paragraph - `Membership'
-
"Any three Members of the Council's Executive not necessarily in political proportion."
- Fourth paragraph - `Frequency of Meetings'
-
"It is anticipated that this Committee normally needs to meet on a quarterly basis to deal with matters of policy and importance arising from the management of the Bath Recreation Ground Trust, with additional meetings being arranged at any other time as required."
A copy of the revised Terms of Reference of Bath Recreation Ground Trust as approved by this Board at this meeting is attached to these minutes as Appendix 1.
7 BATH RECREATION GROUND - THE CURRENT POSITION
Members of the Public spoke at this point in the meeting to reiterate the concerns expressed earlier about the composition of the Trust Board.
The Board discussed the report and the financial projections outlined. It was made clear by the Officers that the management of the Trust will be assumed by the Council acting as sole Trustee once the Receiver/Manager appointment has come to an end.
The Board agreed the textual amendment in paragraph 4.8./line five of the report to replace the word `Council' with the word `Trust'.
Councillor Sir Elgar Jenkins placed on record his regret that the sale of the Bath Sport Centre land to the Council took place before the Trustees were appointed and therefore they were prevented from having an input on this issue.
In response to a question from a Trustee, the Resources Director confirmed that she was not aware that the Charity Commission proposed to allow the Trust to dispose of any Recreation Ground land other than already identified relating to the Sports Centre and its Car Park.
It was RESOLVED that the Board agreed to:
(1) Note the current position of the financial arrangements in place and the role of the Receiver/Manager in taking these forward.
(2) Agree the outline Income and Expenditure Budget for the present financial year 2004/05.
(3) Review the budget at a future Board meeting as the financial position of the Trust becomes clearer.
(4) Request the Resources Director to report to the next meeting on the issues regarding the boundary of the Bath Sports Centre and the charging arrangement for the use of the Recreation Ground as now discussed, particularly in relation to `free' use of the Ground for other charitable purposes.
8 BATH RECREATION GROUND TRUST INTERIM WORKING ARRANGEMENTS
Members of the Public spoke at this point at the meeting to urge that the Trust undertakes a commitment to seek professional advice independent of the Council's Officers because of the potential conflicts of interest.
During the discussion on this item the Trustees placed on record their commitment to be independent in their role as Trustees and, in that context, their willingness to commission independent advice where necessary.
The Board RESOLVED that:
(1) Delegations are given in line with the schedule below:
|
Area of Work |
Delegated Body Acting on Behalf of the Trust |
Scope of Delegation |
|
Management of Leases to Third Parties |
Head of Property and Legal Services |
Day-to-day management of the relationships between the Trust and its tenants in line with existing lease terms. Excludes: New Lettings. Surrenders. Lease Renewals. Rent reviews. Consents for Alterations and Assignments/Sub-Lettings |
|
Maintenance of Structures |
Head of Property and Legal Services |
Programmed and reactive maintenance of structures erected on the Recreation Ground As required. |
|
Non-Lease Arrangements with Third Parties |
Head of Leisure and Amenity Services |
Administration of the use of the Recreation Ground to sports and other groups by third parties, including charging in line with Current practice. |
|
Maintenance of Grounds |
Head of Leisure and Amenity Services |
Programmed and reactive maintenance of grounds and landscaping at the Recreation Ground except where the responsibility falls As required. |
|
Advice to the Charity on Financial Matters |
Resources Director |
All financial controls and accounts matters; seeking external advice as necessary |
|
Advice on Probity and Legal Matters |
Solicitor to the Council |
As required including the acquisition of advice from third parties. |
(2) Where delegations are not provided to officers, a decision would normally have to be made by the Trustees. This should usually be undertaken at the Board of Trustee's regular meeting. In the case of urgent items, however, decisions could be made by the relevant Council officer in accordance with the Council's Constitution, in consultation with the three Trustees.
(3) A report setting out where these delegations have been exercised and outlining known future events would be provided to members at each meeting of the Board.
(4) Printed stationery would be purchased for use by the Board of Trustees and its advisers.
(5) Officers be instructed to prepare Draft Service Level Agreements for consideration at the next Board meeting or the subsequent one.
(6) The Resources Director be authorised, in consultation with the three Trustees, to make comments on the draft Scheme referred to paragraph 4.12. of the report and refer those comments to the Charity Commission to enable matters to be progressed as quickly as possible.
9 BATH RECREATION GROUND TRUST - STRATEGIC REVIEW
Members of the Public spoke at this point at the meeting to urge the Board to consult widely on the preparation of the Strategic Review.
It was RESOLVED that the Board agreed to:
(1) Approve the outlined terms of reference, as indicated in paragraphs 4.5. to 4.7. of the report and authorise the Officers to draw up detailed Terms of Reference on that basis (in consultation with the three Trustees) to be sent for comment to the Charity Commission. The Terms of Reference would cover the four principal areas as follows:
(a) Examine ways of encouraging greater appropriate use of the Recreation Ground in line with the Trust's objectives.
(b) The Trust wishes to address the balance of sporting as opposed to wider recreational uses.
(c) The balance between encouraging such wider public use and sustaining the Trust through income generating activities.
(d) The number of leases in place at the Recreation Ground, which will need to be reviewed in line with the Trust's aims. This should cover the areas of best fit with the Trust objectives, management arrangements or, if appropriate, how the termination of the lease arrangements could be managed over the long term.
(2) Approve a Project Plan, Consultation List, Programme and Cost Estimate for implementation of the strategic review of the Bath Recreation Ground Trust to be presented to the next suitable meeting of the Board.
(3) Give a commitment to finding suitable ways of undertaking a wide reaching public consultation exercise to give interested groups and individuals an opportunity to add to and influence the strategy for the Trust.
10 DATES OF FUTURE MEETINGS
It was RESOLVED to agree the dates of the future meetings of the Board as follows and that they would all be held at the Guildhall, Bath at 2pm unless an alternative time or venue was agreed for a specific meeting:
2005 - 1st February, 10th May, 13th September and 13th December.
2006 - 7th March.
The meeting ended at 3.15pm
Chair(person)
Date Confirmed and Signed
Prepared by Democratic Services