Meeting documents

36 EMERGENCY EVACUATION PROCEDURE

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

37 DECLARATIONS OF INTEREST UNDER THE LOCAL GOVERNMENT ACT 1972

There were no declarations of interest made. Councillor Watt made brief reference to the issue raised at the last meeting regarding his colleague, Ian Nockolds, being able to make a statement to the meeting, and confirmed that no conflict of interest existed.

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

There were no items of urgent business.

39 QUESTIONS AND STATEMENTS

Statements were made by the following people (where provided, copies have been placed on the Minute book);

o Ian Nockolds - this statement was read by Darius Mehta

o Keith McGarrigle

o Bob Calleja

o Tony Hooper

o Mrs Ferol

40 MINUTES: MONDAY 10TH MARCH 2008

On a motion from Councillor Pritchard, seconded by Councillor Watt, it was

RESOLVED that the minutes of the meeting held on Monday 10th March 2008, including the exempt minute of the same meeting, be confirmed as a correct record and signed by the Chair(person)

41 LETTINGS UPDATE (Report 7).

Councillor Watt introduced this item and expressed a hope that they would be able to get the Ground into a better condition this year, weather permitting.

On a motion from Councillor Pritchard, seconded by Councillor Watt, it was

RESOLVED to note the lettings situation.

42 CAR PARKING - NORTH AND SOUTH (Report 8).

The Chair invited questions from members of the public who had not already made a statement.

Agnes Melling asked for reassurance that the approach being taken was a fresh start to the whole of the parking and whether any new agreements negotiated would be on equal terms.

Councillor Watt responded that a number of uses had developed over the years which were not legitimate and they were in the process of unpicking these leading to a permit system with the Trust in receipt of any benefits. Part of this process involved consultation with current users. There was no requirement on the Trust to establish identical agreements for different users, as long as each agreement was justifiable within the objects of the Trust.

Councillor Watt added that regularising the position was taking longer than hoped and so, in order to maintain the momentum, a deadline of the end of April had been set by which legitimate users needed to respond regarding their requirements.

There was some discussion regarding signage. It was noted that it might take a while to establish all the necessary conditions and terms of use that any signs would need to include but hoped that this would not hold up progress (perhaps using some form of signage which could be easily `refreshed'). Councillor Pritchard added his wish that signage could be kept to a minimum.

On a motion from Councillor Pritchard, seconded by Councillor Watt, it was

RESOLVED that parking on the South car parks is to be dealt with as part of any lease negotiations with the Council.

43 UPDATE ON POSITION WITH CHARITY COMMISSION (Report 9).

Keith Bray, Independent Adviser to the Trust, summarised the main issues in the report. The Chair then invited questions from members of the public.

Alun Morgan, whilst understanding the need to exclude the public from exempt discussions regarding terms under negotiation, requested that some indication could be given in those circumstances of the comparative data that had been sought and the rationale informing the decision making. This type of information would be useful in reassuring the public that sound decisions were being made.

In response to this, Councillor Watt explained that beneficiaries would be able to see details and rationale in due course but he was able to give the following information at this point; - in trying to identify a suitable external valuer, great care had been taken to find one with specific expertise regarding sports stadia, and with whom no previous relationship with either the Trust, the Council or the Rugby club existed.

In response to a question from Darius Mehta regarding whether the absence of the Rugby club, in balancing benefits and detriments, could be seen as a major detriment, Councillor Watt responded that the Rugby club does contribute a benefit by bringing in money which then contributes to providing other activities at a lower cost. Without this income, money would have to be found from elsewhere.

Agnes Melling asked whether consideration had been given to seeking additional funds from local business or other benefactors. Councillor Watt responded that it was not the Trust's wish to further complicate the position which already had a considerable commercial involvement. On this point, he mentioned that an approach had been received from the Mineral hospital seeking a public space to support their rehabilitation work which was being considered, but there were no plans to actively seek out further funding sources from parties and/or groups that were not users.

Councillor Watt then explained that the Trust was now in constructive dialogue with the Rugby club and the Council and would soon be able to take a proposal back to the Charity Commission.

On a motion from Councillor Watt, seconded by Councillor Pritchard, it was

RESOLVED to note the contents of the report.

44 TEMPORARY STAND (Report 10).

In introducing this report, Councillor Watt explained that there were commercial elements of this issue which remained sensitive and as the lease was not yet signed, it would be necessary for the Board to move into exempt session to conclude their discussions. Before doing so, however, he informed the meeting that Drivers Jonas, the independent consultants, had indicated that the Trust would be in a more advantageous position in the coming year regarding income from the Rugby club.

On a motion from Councillor Watt, seconded by Councillor Pritchard, it was

RESOLVED

(1) To agree that the grant of a lease in accordance with the terms negotiated is expedient in the interests of the Trust, and;

(2) To Authorise Trust advisers to seek approval of the Charity Commission and, if obtained, enter in to a new lease with Bath Rugby PLC upon the terms recommended.

It was then further RESOLVED

That, having been satisfied that the public interest would be better served by not disclosing relevant information, and in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item (or part item) of business because of the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act as amended.

All members of the public then left the meeting and the Trustees had a discussion regarding the terms of the lease.