Agenda item

To consider a proposal received by the Council from a third party in relation to transferring responsibility for the Alice Park Trust from the Council (as sole corporate trustee) to an independent community led initiative. (Report to follow).

The Board considered a report by the Director of Environmental Services.  The report gave details of a proposal which had been received from a third party in relation to transferring responsibility for the Alice Park Trust (as sole corporate trustee) to an independent community led initiative. 

It was noted that there was a risk that asset liabilities may be overlooked if the Trust/Council roles are misunderstood corporately.  It was possible that the Council may not discharge its Duty of Care liabilities if the site was not managed properly and this could become a reputational risk.

Mr Derek Swift and Mr Sam McGuire presented their proposal for the structure and management of the Alice Park Trust Charity to the Board.  The following points were raised:

·  The park is now being used more frequently and there is already community involvement.  However, the average user would feel that it is a Council park when, in fact, the park was left in trust to the people of Bath.

·  The current structure for management of the park has not fully addressed this issue.  The proposal put forward would ensure a clear separation of roles and would give clarity.  New Trustees would be identified and funds to support the park could be raised by legacies, gift-aid and sponsorship.

·  There were opportunities to obtain support from the local community who could become more involved with the management of the park.  A “Friends of Alice Park” scheme could be introduced whereby people would pay a nominal amount of money to become a “friend”.

·  The proposal would introduce a framework for taking the Alice Park back to a model that more closely resembles Mr McVicar’s original vision for the park by giving it a structure that enables it to once more be run by “The Mayor, Aldermen and Citizens of Bath.”  This would offer a positive reputational gain and save officer time.

·  The intention was not to run large events or to commercialise the park.

·  The proposals were in line with the Bristol and Bath Parks Foundation which is looking at new models and approaches to managing parks and green spaces.  This would also address the pressures on public finances and all public resources. A charity is also able to access funding opportunities that the Council cannot.

·  Sam McGuire explained that he had experience of running large scale business entities and Derek Swift was a Chartered Accountant who also ran his own business.  He pointed out that local expertise could be used to push this project forward and noted that Larkhall is a strong and active community.  It was also noted that, under current arrangements, only councillors can vote rather than local people or park users.

The Board then discussed the following issues:

·  The current situation means that some people are running activities in the park but none of the money raised is going to the Alice Park Trust. 

·  Cllr Appleyard pointed out that the local expertise can still be harnessed under the current arrangements.  To avoid putting extra pressure on officers they do not need to attend all meetings of the Trust but can be requested to attend only when necessary leading to a “lighter touch” arrangement.  The current voting arrangements could also be reviewed to widen voting rights if this was legally and constitutionally permissible. 

·  Michael Hewitt, Legal Services Manager, explained that there was no legal requirement for the Council to be a trustee of the park.  If responsibility was handed over to another body then this would reduce the impact on the Council.

·  Cllr Appleyard questioned whether the benefit should be to the Council or to the park.  He noted that there could still be a “Friends of Alice Park” scheme if the Council retained responsibility.

RESOLVED:

(1)  To review the options for governance and/or the Terms of Reference for the Alice Park Trust Sub-Committee to ensure that these are fit for purpose.

(2)  To ask officers to investigate the proposal submitted by a third party and to report back to the Charitable Trust Board with conclusions and recommendations on the sustainability of and merits and risks of the proposal.

(3)  To receive a report at the next Charitable Trust Board meeting giving a full review of both options and processes.