Agenda and minutes

To elect a Chair of Alice Park Trust Sub-Committee.

RESOLVED that Cllr Joanna Wright be elected Chair of the Alice Park Trust Sub-Committee.

The Chair welcomed everyone to the meeting and invited members and officers to introduce themselves.

The Democratic Services Officer will draw attention to the emergency evacuation procedure as set out on the Agenda.

The Democratic Services Officer drew attention to the emergency evacuation procedure.

Apologies for absence were received from Cllr Alex Beaumont.

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 4.4 Appendix 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.

The Chair reported that Nick Allen, Head Chef of Alice Park café and a valued member of the Alice Park community, had passed away suddenly during the previous weekend.

A minute’s silence was held in memory of Nick.

Graham Page addressed the Sub-Committee in relation to the sudden passing of Nick Allen, Head Chef of Alice Park café and reported that Nick’s widow had asked if a commemorative bench could be placed in the park in his memory.

The Sub-Committee agreed to this request in principle and asked officers to report back on how this could be implemented. 

The Chair reported that written submissions had been received from:

1.  Tony Hickman, proprietor of Alice Park café addressing the Sub-Committee on a number of issues.

2.  Janet Marton, local resident, expressing concerns about a recent corporate event held in the café.

It was agreed that these submissions be circulated to all members of Alice Park Trust Sub-Committee.

To confirm the minutes of the meeting held on 4 April as a correct record for signing by the Chair.

RESOLVED that the minutes of the meeting held on 4 April 2023 be confirmed as a correct record for signing by the Chair.

Shaine Lewis (Legal Services Manager) and Paul Webb (Senior Finance Manager) to give a presentation on the governance of the Alice Park Trust Sub-Committee.

The Legal Manager gave a presentation on governance issues relating to Alice Park Trust Sub-Committee (as circulated with the agenda papers) which covered the following areas:

1.  Creation & Purpose

2.  Trustee

3.  Functions

4.  Sub-Committee Members & Meetings

The Finance Manager confirmed the financial arrangements as follows:

1.  Alice Park Trust has its own accounts which were separate from the Council’s accounts.

2.  Accounts were submitted to the Charity Commission by 31 January each year along with an annual report and independent examiner’s report.

3.  The accounts were reported to Alice Park Trust Sub-Committee quarterly at were due to be presented to the next meeting.

4.  The Trust ran at a deficit, and it was hoped that over time the deficit would decrease. 

5.  The reason for the deficit was the ongoing cost of maintenance.

In response to questions, it was confirmed:

1.  Cottage number 2 had been disposed of and it was recognised that procedures were not applied as rigorously as they could have been.  The Council had since reimbursed the Trust and the Charity Commission had confirmed that it was satisfied with this course of action and the matter was closed.

2.  The café proprietor had a 7-year lease.

3.  As sole trustee, the Council was ensuring the solvency of the Trust by meeting the deficit.

4.  Alice Park Trust Sub-Committee had previously worked on a 10-year plan to becoming financially self-sufficient. 

5.  In relation to the different uses of the park area e.g., how much is allocated for children’s play, the Parks Manager undertook to measure out the area and report back.

To consider a report on outstanding issues that need a decision of the Sub-Committee:

1.  Charity Commission Signatories

2.  Hiring of Petanque Facilities

3.  Appointment of Independent Member

1.  Charity Commission Signatories

RESOLVED that the Monitoring Officer (Michael Hewitt) and Deputy Monitoring Officer (Shaine Lewis) be agreed as Charity Commission Signatories for the Alice Park Trust.

2.  Petanque

It was noted that:

1.  The previous Chair had negotiated a fee of £300 with Bath Grand Petanque Club for the use of the pétanque terrain and there had been some confusion as to whether this was a season fee or annual fee. 

2.  The club had subsequently asked to renegotiate a season fee of £150. 

3.  The previous Chair asked that it to be drawn to the attention of the Sub-Committee that he considered a season fee of £300 to be a reasonable fee which was fair to both club and Trust.

Members noted that there would be a report to the September meeting on activities within the park and that this would address fees and charges.  In view of this, it was agreed that the club be invoiced for £150 fee for April-September 2023, but the club be informed that this was a one-off charge for the 2023 season and a new fees and charges structure would be in place for the future.

RESOLVED

(1)  that the Bath Grand Petanque Club be invoiced £150 for hiring the Alice Park Petanque terrain between April-September 2023.

(2)  the club be informed that this was a one-off charge for the 2023 season and a new fees and charges structure would be in place for the future.

3.  Independent Member

The Chair reported that she would welcome the input of all Sub-Committee members along with support from appropriate officers in appointing a new independent member to fill the current vacancy.

RESOLVED that all members of the Sub-Committee be involved in the recruitment of a new independent member and arrangements be made for filling the vacancy.

To note complaints received in relation to a recent corporate event held at Alice Park and that a comprehensive report will be brought back to the next meeting of the Sub-Committee.

The Chief Operating Officer confirmed that the Director of Place Management would be preparing a report for the next Sub-Committee to consider the strategic direction of the park in relation to activities/events and this would also address issues such as fees and charges and commemorative benches.

The Legal Officer advised of complaints received by the Monitoring Officer in relation to a corporate event held on 15 June. It was agreed that the report to the next meeting should also address complaints. 

It was agreed that the Chair would respond to complainants.

In relation to upcoming events, a position statement would be drafted to include a reminder that any events needed to be approved by the Alice Park Trust Sub-Committee.

RESOLVED

(1)  That a report on the strategic direction of the park will be prepared for the next meeting of Alice Park Trust Sub-Committee to include:

a.  Events

b.  Fees and charges

c.  Commemorative benches

d.  Complaints

(2)  the complaints received by the Council in relation to a recent corporate event be noted and a response be sent by the Chair.

(3)  In relation to upcoming events, a position statement would be drafted to include a reminder that any events needed to be approved by the Alice Park Trust Sub-Committee.

The Sub-Committee is asked to note the current position in relation to achieving the Alice Park Play Area Project:

Following a consultation process, previous members of the Alice Park Trust Sub-Committee agreed an outline scheme for a play area refurbishment matched to a budget.

In order for this to be progressed, the Sub-Committee will need to develop a plan to secure funding. 

The Chair updated the Sub-Committee as follows:

1.  The children’s play area was in need of upgrading and it had previously been agreed that this would be a priority of the Trust.

2.  A consultation exercise had been undertaken with the local community and there had been approximately 300 responses.  Two play equipment providers had provided different options as part of this process. 

3.  Based on the responses, members of the Sub-Committee had researched equipment and supplied information to Council officers with a view to designing a scheme for approximately £250k.

4.  The next stage would be to identify appropriate funding for the scheme.

The Parks Manager reported that, based on the information provided she had identified a scheme at the cost of £500k and following further amendments, this had been reduced to £400k.  It was noted that this was above the original planned budget of £250k.  She confirmed that a phased scheme was not ideal in relation to the development of play areas.

RESOLVED that:

(1)  the Sub-Committee continue to meet informally as the Alice Park Play Area Project (APPA) with a view to delivering a new children’s play area.

(2)  The Parks Manager map out a design based for the children’s play area for discussion by APPA with a view to taking the project forward.

RESOLVED that the notice boards be updated to include information about Alice Park Trust Sub-Committee.

To agree dates for future meetings.

RESOLVED that the next meeting be held on Thursday 28 September 2023 from 11.30am in the Oak Barn, Community Garden at Alice Park.

ANY OTHER BUSINESS

1.  Swainswick Beer Festival

The Chair reported that she had received a request for an advertising banner to be placed on the railings of Alice Park to advertise Swainswick Beer Festival which was being held in aid of Swainswick Church. 

RESOLVED that the request to advertise the Swainswick Beer Festival on the railings of Alice Park be accepted and the organisers be requested to consider making a donation to the Trust.

2.  Use of park by businesses

The Chair referred to instances of businesses, e.g., fitness instructors, baby and toddler groups using the park for commercial activities and questioned how this could be managed in the future to ensure that the Trust received a suitable payment for this type of use.  It was agreed that this could be addressed in the report to the next committee. 

3.  WHY Fundraiser 

The Chair reported that she had received a request on 26 July to hold a fundraising event in the park on 5 August involving 150-300 people.  Members agreed that it was too short notice to give the Trust the reassurances required for holding such an event in the park.  Concern was also expressed about the impact on park users during the summer holiday period as well as the uncertainty around issues such as licensing, public indemnity insurance and costs for any remedial works to the park.

RESOLVED that the request to hold a WHY fundraiser event in Alice Park on 5 August be refused for the following reasons:

(1)  Too short notice for the Sub-Committee to undertake due diligence.

(2)  Uncertainty around issues such as licensing, public indemnity insurance and costs for any remedial works to the park.

(3)  The impact on park users during the summer holiday period.