Agenda and minutes

The Chair welcomed everyone to the meeting.

The Democratic Services Officer read out the emergency evacuation procedure.

There were no apologies for absence.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

There were no declarations of interest.

There was no urgent business.

Mr Graham Page, Independent Member of the Alice Park Trust Sub-Committee submitted a number of questions.  A copy of the questions and responses is attached as Appendix 1 to these minutes.

To confirm and sign the minutes of the previous meeting held on 11 July 2019.

The minutes of the meeting held on 11 July were confirmed and signed as a correct record.

At the meeting of the Charitable Trust Board held on 11 July 2019, members considered a report detailing a proposal from a third party to transfer responsibility for the Alice Park Trust (as sole corporate trustee) to an independent community led initiative.  The Board is asked to consider the attached report.

Mandy Bishop, Director of Environment Services, presented the report which set out three options for the future governance of the Alice Park Trust:

• Sole trusteeship
• Shared trusteeship
• Company limited by guarantee

Derek Swift, who was one of the co-sponsors of the proposal put forward to transfer responsibility for the Trust to an independent community- led initiative spoke on this item.  He disagreed with the conclusion set out in the report that the retention of the current model represents the lowest risk.  He stated that the Council cannot be worse off because it already provides a large subsidy to the Trust.  He pointed out that under a company by guarantee the Council would have a diminished voice but that this was a negative aspect for the Council and not necessarily for the Trust.  The aim would be to ensure that, over time, the level of subsidy provided by the Council decreased as long-term sustainability was very important.  The structure that he had proposed provided for specialists and a “friends” group.  He also queried the assumptions in the report about the provision of public conveniences and the tennis court hire income.

Graham Page, independent member of the Alice Park Trust Sub-Committee, referred to the public statement that he had submitted.  He outlined the three main points – management, voting and financial arrangements.  He felt that under the current governance arrangements it appeared that the Council is running the park rather than an independent Trust.

Mandy Bishop, Director of Environment Services, stated that this is a strategic issue for the Charitable Trust Board to consider, in particular, how far the Council wishes to hand over control to an outside organisation.  She responded to the issues raised by Mr Swift stating that her understanding was that the break clause for the public convenience contract was 12 months for the whole Council contract.  She acknowledged that the assumption made on tennis court income was based on 2018 figure and explained that there would soon be a new model for the tennis provision.

Cllr Appleyard thanked the two public speakers for their contribution.  He stated that the Sub-Committee now has a clear vision for Alice Park and that the Councillors involved have a great deal of experience.  As Chair of the Sub-Committee he did his best to accommodate all views.  He suggested that a 10-year plan should be produced for the park with the aim of increasing the income stream and ultimately to remove the need for a Council subsidy.

Although there is a cost for providing the public conveniences in the park this covers two cleans per day, consumables, building maintenance and security.  He stated that the Sub-Committee would be keen to create a small management team for the park, which would be open to the community, to undertake operational tasks such as event bookings.

The new offer for tennis court provision will provide good quality facilities.  Cllr Appleyard was optimistic for the future of the park and noted that it is very well supported  ...  view the full minutes text for item 19.

The Board is asked to note the Annual Report of the Alice Park Trust Sub-Committee.

The Board considered the Annual Report from the Alice Park Trust.  Cllr Rob Appleyard presented the report and thanked officers for all their work to support the Trust.  He specifically thanked Marie Todd, Democratic Services Officer and Michael Hewitt, Legal Services Manager and previous members Cllrs Geoff Ward and Lin Patterson.

Graham Page, independent member of the Alice Park Trust Sub-Committee, expressed concern that the co-opted independent members do not have voting rights.  He suggested that this issue could be referred to the Charity Commission for consideration.

Derek Swift, a member of the public, stated that he believed that the accounts for the Trust were incorrect and did not comply with the relevant charity legislation. 

The Democratic Services Officer stated that the Head of Management Accounts had responded to concerns expressed by Mr Swift stating that “this is a matter of presentation and that there was not a material error in the accounts that would require re-statement.”

The Chair, Cllr Crossley asked the finance officers to respond to the concerns raised.  If necessary, the matter could be considered at the next Alice Park Trust Sub-Committee meeting.  Cllr Appleyard stated that he would discuss this issue further with the accountants.

RESOLVED: To note the annual report of the Alice Park Trust Sub-Committee.

The Charitable Trust Board is asked to consider and comment on the draft annual report.  Once finalised the report will be submitted to the next appropriate Council meeting.

The Board considered its draft annual report for submission to full Council.  The report set out details of the Board’s work over the previous year.  The Board currently only oversees one Charitable Trust relating to Alice Park.

Nick Allen, a member of the public, expressed concern about the lack of representation for local people at the Alice Park Trust Sub-Committee meetings.  He felt that the process could be more inclusive.  He also mentioned the report from the Bath Area Play Project which had not been made available to him.

The Legal Services Manager explained that the Sub-Committee operates under the rules of the Council Constitution.  There is provision for public speaking at the beginning of the meeting; however, ad hoc comments cannot be taken during the debate.

Cllr Appleyard stated that he understood the passion people had for the park and welcomed public input.  However, the meeting had to run to the agreed process to enable the members to make decisions on matters put before them.  He explained that the Bath Area Play Project report was a private piece of work which has not been considered by the Sub-Committee.

Members then discussed whether to retain the role of an independent member on the Charitable Trust Board.  On balance members felt that the role should remain, even if the post remained vacant as someone may come forward who wishes to become involved.

RESOLVED:

(1)  To approve the report for submission to full Council subject to the deletion of the recommendation to remove the role of independent member from the Board’s Terms of Reference.

(2)  To agree that the role of independent member on the Board remain vacant and that this be advertised at a later date.

To consider the date of the next meeting.  Possible dates identified are:

Tuesday 7 July 2020

Wednesday 8 July 2020

Wednesday 15 July 2020

Tuesday 21 July 2020

Tuesday 28 July 2020

The Board agreed to meet in early July and asked the Democratic Services Officer to consult on suitable dates.