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BABERGH DISTRICT COUNCIL
HADLEIGH AND DISTRICT SWIMMING POOL TRUST COMMITTEE
MINUTES OF A MEETING OF THE HADLEIGH AND DISTRICT SWIMMING POOL TRUST COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON MONDAY 25 JULY 2005
PRESENT: Mr B L Lazenby – Chairman
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Mr J C Brand |
Mr D H Keane |
Mr K Grimsey and Mr J J Quinlan, Ward Members for Hadleigh (North), were present at the meeting. With the consent of the Chairman and the Committee, Mr J J Quinlan spoke on the item referred to in Minute No. 12 below.
7 DECLARATION OF INTERESTS
None declared.
8 MINUTES
RESOLVED
That the Minutes of the meeting held on 17 May 2005 be confirmed and signed as a correct record.
9 PETITIONS
None received.
10 QUESTIONS FROM MEMBERS
None received.
11 EXCLUSION OF PUBLIC (WHICH TERM INCLUDES THE PRESS)
RESOLVED
That pursuant to Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the business specified below, on the grounds that if the public were present during this item, it is likely that there would be the disclosure to them of exempt information as indicated against the item.
12 HADLEIGH POOL LEASE AND FUTURE OF TRUST (Exempt information by virtue of Paragraphs 9 and 12 of Part 1)
Ms M Groom and Mr A Small from Messrs Bates Wells and Braithwaite (the Solicitors providing advice to the Committee in respect of charity and property law respectively) were in attendance at the meeting to answer questions.
The Head of Legal and Administrative Services submitted a report (Paper E66) advising that at its previous meeting the Committee had agreed to ask for independent advice from an external Solicitor on the points outlined in Paragraph 1 of Paper E66.
A general discussion then ensued on key information and points contained in Paper E66 and its Appendices.
The Committee accepted that to ensure some guarantee as to continuation, a tripartite agreement between the Charity, the Council and the NPDO for the surrender of the old lease and the grant of the new lease would be required. It was also suggested that this Committee should meet with the other two parties so that terms for the Surrender and new Lease could be agreed.
In respect of Appendix C – Article 13, it was suggested that one of the Local Authority Trustees should be a Member of this Committee, and that two of the independent Trustees should be appointed from Hadleigh or its immediate locality.
RESOLVED
(1) That the Non-Profit Distribution Organisation (NPDO) be approved to manage the Hadleigh Pool.
(2) That the Charity surrender the existing lease to the Council, on the condition that surrender be simultaneous with the grant of a new lease to the NPDO, once it has attained charitable status.
(3) That the Charity be dissolved once all assets are disposed of.
(4) That an order (or orders) be sought from the Charity Commission permitting the actions contained in (2) and (3) above.
The business of the meeting was concluded at 3.45 p.m.
Chairman
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