Agenda and minutes

Alexandra Palace and Park Board
Tuesday, 4th July, 2006 7.30 pm

Venue: ALEXANDRA PALACE, PALACE WAY, LONDON N22

Contact: Clifford Hart 

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Nil

 

2.

URGENT BUSINESS: The Chair will consider the admission of any latye items of urgent business. (Late items will be considered under the agenda item where they appear. New items will be dealt with at items 13 and 19)

Minutes:

The Clerk – Mr Hart, advised that Item 6 was TABLED for which reasons for urgency would be required, and also required for Item 10 which was sent out after the 5 clear days before the meeting.  Members were also asked to note and consider the comments of the Acting Director of Finance of the LB Haringey in respect of Items on the agenda as detailed.

 

NOTED

 

3.

MINUTES pdf icon PDF 27 KB

(1)               To approve the minutes of the special meeting of the Board held on (a) 27 March 2006, and the ordinary meeting held on (b) 11 April 2006; ATTACHED

(2)               To approve the minutes of the Consultative Committee held 27 June 2006; TO FOLLOW

 

Additional documents:

Minutes:

(1)(a)   Alexandra Palace and Park Board (Special) – 27 March 2006

 

That the Minutes of the meeting of the Board held on 27 March 2006 be approved and signed by the Chair.

 

 

(1)(b) Alexandra Palace and Park Board – 11 April 2006

RESOLVED

 

That the Minutes of the meeting of the Board held on 11 April 2006 be approved and signed by the Chair.

 

Councillor Hare referred to page 8 of the minutes and reference to Councillor Haley’s comments therein of his membership of both the Allotments Association, and the Television Group. With regard to both Councillor Hare wished to place on record that his membership of the Allotments Association was recorded within the Council’s declarations records.  In respect of the Television Group Councillor Hare advised that he had been an attendee at a meeting of the Group but was not a Member of the body. 

 

NOTED   

 

(2)       Alexandra Palace and Park Consultative Committee – 27 June 2006

 

The Clerk advised that the Minutes were drafted but not available for consideration.

 

NOTED

 

(3)       Alexandra Palace and Park Advisory Committee – 20 June 2006

 

The Clerk advised that the meeting of the Advisory Committee of 20 July 2006 had been inquorate.  The notes of that meeting had been drafted but were not available for consideration. 

 

NOTED

 

4.

QUESTIONS: To consider any questions received in accordance with Standing Order 30.

Minutes:

None were received

 

5.

DEPUTATIONS/PETITIONS :TO CONSIDER RECEIVING DEPUTATIONS AND/OR PETITIONS IN ACCORDANCE WITH STANDING ORDER 31

Minutes:

The Chair advised that a deputation request had been received from the Friends of Alexandra Park, and asked whether the Board was in agreement to hearing the deputation.  The Board agreed to hear the deputation.

 

The Board then received the deputation from Mr G Hutchinson, on behalf of the Friends of Alexandra Park.  During the deputation Mr Hutchinson outlined the aims of the group which were:

 

·        to maintain rights of free access for the enjoyment of the public for air and exercise, leisure and recreation

·        to encourage the preservation of the natural beauty, trees, plants, birds and animal life in the Park

 

·        to encourage the use of the Park by all the diverse sections of the community

 

·        The main concerns that the Group had were whether there was adequate funding and staff for both maintenance and community activities, and envisaged tensions with the preferred bidder in respect of the commercial operation of the Palace. 

 

Mr Hutchinson outlined that the Group would work with the park management constructively and help with finding people with local expertise and willing assistance. It was hoped that the group could enhance the local knowledge and history of the park and wild life, as well as encouraging school visits, festivals and community events. Also it was hoped that the park would flourish to be enjoyed by an increasingly wide range of users and also a continued emphasis on conservation.

 

The Chair thanked Mr Hutchinson for his deputation and asked if there were any questions from Members. 

 

Councillor Thompson sought and received clarification from Mr Hutchinson as to the group’s  affiliation to the Borough-wide Parks Association, and that the Group had two representatives who attended meetings.

 

Mr Liebeck commented that it was extremely important for the Group to be taken seriously and for the Board to work with them in the future.

 

Councillor Hare sought clarification as regards the issue of contact with other associations in the area and Mr Hutchinson responded that a number of members of the group were members of local resident associations.

 

Councillor Peacock referred to the mention of school visits and if the group would be able to assist in visits etc.  Mr Hutchinson advised that there were some teachers and ex-teachers belonging to the Group who had indicated that they would be able to assist at such visits.

 

In conclusion the Chair thanked Mr Hutchinson for his attendance and deputation and that the Group shared many of the same aims and objectives of the Board.  The Board welcomed interaction with the Community and that it was good to be able to share views with local associations.

 

NOTED

 

6.

AUDIT OF ACCOUNTS: To receive and consider the audited accounts, associated management accounts and management letter for 2005/06. (Report of the General Manager and external auditors) TO FOLLOW

Minutes:

The General Manager – Mr Holder advised the Board that the audited accounts were normally submitted to the first meeting of the Board in the Municipal Year. He apologised that that on this occasion, due to delays caused by the application of SORP 2005 and associated allocation of costs within the SORP definitions together with the requirement for full application of FRS 17 in respect of pension deficits, the external independent auditors had not yet concluded their work. The accounts and audit opinion would be submitted to a future meeting of the Board.

 

7.

OPERATING BUDGET: To advise the Board of the two months results to end of May 2006 and the forecast for the full year 2006/07. (Report of the General Manager) pdf icon PDF 104 KB

Minutes:

Mr Harrington, the Finance Manager, advised the Board of the 2 month result to the end of May 2006 and the forecast to the end of the year. Members were asked to note that the result for period 2 showed a saving of £64K before development costs (set out in Appendix 1 of the report); representing an overall saving against budget of 17.2% for the comparable period.

                                    In response to questions from Mr Tarpey in respect of the £26,000 variance Mr Harrington advised that this figure related to Park Development Costs namely from accounts from the previous year and were related to late invoice payments. 

 

                        RESOLVED

                        That the contents of the report be noted and agreed. 

 

8.

HERITAGE LOTTERY FUNDED LANDSCAPE DEVELOMENT PROJECT UPDATE : tO UPDATE ON PROGRESS MADE TOWARDS THE PROGRAMME OF WORKS FOR THIS YEAR'S PROJECT ITEMS. (Report of the Development Manager) pdf icon PDF 110 KB

Minutes:

The Parks Development Manager - Mr Baker introduced this item which updated the Board on progress on the HLF refurbishment of the park as detailed. 

 

In response to concerns of Councillor Egan in respect of the access gate at Redston Road Mr Baker advised that this matter would be reported back the Board.

 

Mr Liebeck referred to the recent incidents raised at the inquorate meeting of the Advisory Committee on 20 June 2006 (inquorate due to non-attendance by Councillor Representatives) in respect of the recent security incidents around the Redston Road area, particularly an incident involving a gun.  Mr Liebeck expressed the concerns of the Advisory Committee with regard to the need for better policing and action as the current and recent past had indicated a lack of presence by both the Park Police and the local constabulary. A number of residents had been extremely concerned at the recent disturbances in particular and the need for action now.

 

Mr Baker responded that as a result a public meeting the previous week, at which the General Manager and he had been in attendance at, there had agreement with the Police and local residents as to a course of action to be embarked on in terms of enforcement.  Discussions had centred on the action that could be taken to curb the nuisance.  Representatives from the Metropolitan Police, and the Parks Police had also been in attendance. As a result it had been agreed that there would be monitoring of the area in question and names and addresses of youths would be taken and the use of dispersal orders to clear the area was to be put in practice and monitored over the next few weeks and reported on.  In terms of improved lighting and CCTV monies had been allocated from the HLF but this was subject to approval.  Mr Holder also advised that as a result of the meeting there had a been a strong police presence the previous Friday evening and a particular ‘gang’ of youths had been rounded up and their addresses taken and that parents would be contacted.  With regard to improving CCTV Mr Holder reiterated Mr Baker’s comments that whilst this was being looked at there was no guarantees as to whether funding would be granted.

 

In noting the concerns expressed by Mr Liebeck and the action being taken by the Police and officers the Chair asked that an update be given at the next meeting of Board, and commented that this was a work in progress and a positive commitment to working to ensure that such disturbances were dealt with and overcome.

 

The Chair then summarised and it was:

                                     

RESOLVED:

 

i.                    That the report be agreed and noted; and

ii.         That the action to monitor and address the overall problems be noted and that a progress update be given at the next meeting of the Board.

 

9.

APPOINTMENT OF DIRECTORS TO ALEXANDRA PALACE TRADING LTD : To seek nominations and the agreement of those nominated to act as directors of the trading company of which the charity is sole sgareholder. (Report of the General Manager) pdf icon PDF 95 KB

Minutes:

Mr Holder advised thatAlexandra Palace Trading Ltd. [APTL] was a formally constituted company under the Companies Act 1985. The company had an entirely separate legal identity to that of the charity. The Memorandum and Articles of Association of APTL are attached at Appendix 1. Clause 7 of that document regulates the composition of the board of directors at 8 in number. In particular, clause 7.2.1 specifies there shall be up to four charity trustees appointed as directors of the company.

 

                        Mr Holder advised that the changes to the board of charity trustees brought about by the May 2006 elections meant that the current charity trustees who were also directors had now resigned and up to four charity trustees had to be appointed to the company board.

 

                        The Chair commented that to follow the precedence previously set it was appropriate that the Chair and Vice-Chair take two of the positions. Councillor Hare commented that given the political make-up of the Council now there should be an even split of two representatives from each of the political groups.

 

                        Councillor Peacock commented that there should be a gender balance of two women and two men representing and that Councillor Rainger and herself fill the other two positions.

 

                        Mr Tarpey asked for a legal view as to how the appointments should be agreed.

 

                        Mr Harris advised that it was for the Board Members to agree from amongst their number those persons to sit on the company board, and members could nominate, and subject to the willingness of the nominees to sit on the company board. It was a completely non-political matter.

 

                        The Chair advised that this issue was one of a gender balance and not political.  However if a nominee refused to sit then so be it.

 

                        Councillor Hare reiterated his earlier comments and that in his view two vacancies should be filled from his group and that Councillor Rainger and he should fill the vacancies. The Chair reiterated his earlier comments that it was not an issue of political, but gender balance. 

 

                        The Chair then asked for a vote in favour of gender balance and political balance.  On a vote there being 4 in favour and 3 against in terms of gender balance, and 3 for and 4 against in terms of political balance the Chair advised that the composition of the company board would be based on gender balance.

 

                        Councillor Rainger indicated that she would not be willing to serve, and nominated Councillor Hare to fill one of the vacancies.  Councillor Egan nominated Councillor Peacock to fill the other vacancy.

 

                        The Chair then MOVED that Councillors Peacock and Hare take the remaining two positions on the Company Board, with himself and Councillor Egan.  This MOTION was unopposed.

 

                        RESOLVED

 

That the following be appointed to serve as Directors of the Trading Company of which the Charity is sole shareholder:

 

Councillor Adje, Councillor Egan, Councillor Hare, Councillor Peacock

 

10.

SECTION 36(6) REPRESENTATIONS : To consider the representations submitted following the posting of notices in the building and park. (Report of the General Manager) TO FOLLOW

Minutes:

                        The Chair, in asking for a brief introduction to the report, and in response to comments of Councillor Hare, advised that it was not the intention of the Board to go over previous comments in relation CUFOS and other issues previously discussed.

 

The General Manager informed the meeting that at a meeting of the Board on 27 March 2006 the Board had resolved at minute AP058 (iv – vi) to place notices in the Palace building and throughout the Park to comply with sec. 36(6) of the Charities Act 1993. The notices indicated that the trustees had resolved to engage in a 125-year lease with the selected investment partner and was seeking further public representation on that decision.  A copy of the notice was attached at Appendix 1.The notices were placed on 28th March. The notices invited written public representation, addressed to the General Manager, to be received no later than 28 days from the publication of the notice.

 

Mr Holder commented that at the relevant time a total of 23 representations had been received. However a letter from CUFOS was received late and which expressed unhappiness with the timescale for responses. Mr Holder advised that he had discussed the matter with the Trust Solicitor – Mr Harris and agreed to include a late response in the analysis and this report to the Board. Therefore 24 responses were needed to be considered, sub-divide as:

 

                               19 focussing on CUFOS

                    3 in respect of specialist television and radio organisations, focussing on the                                                             studios;

1 from the Alexandra Palace and Park Conservation Area Advisory Committee;

                   1 from the Hornsey Historical Society.

 

CUFOS

 

Mr Holder advised that the 19 received in respect of CUFOS all focused on the role played by the organisation within the community. The content of the 18 originally received was replicated in the late document received and written on behalf of the trustees of CUFOS. A copy of this and the supporting letters was at Appendix 2. The report focused on that last letter but recognised that it was supported by the 18 others.

 

Mr Holder summarised the points made on behalf of CUFOS as follows:

 

* a loss to the community if it were unable to continue beyond the expiry date of    its current lease in March 2011;

 

* the building should be removed from the footprint subject to the 125-year lease;

 

alternatively;

 

* consideration of an extension to the existing lease now.

 

Mr Holder also advised that the Statutory Advisory Committee had also spent some time discussing this matter and had already provided its advice to the board of trustees. In considering that advice the Board sought the comments of its Solicitor.  Mr Holder commented that those were recorded in the minutes of the meeting of 11th April and quoted as follows:

 

“Mr. Harris responded that his advice to the Board was that it was for the current occupier, CUFOS, to negotiate a lease with the new landlord in 2011 after the expiry of the existing  ...  view the full minutes text for item 10.

11.

SPECIAL MEETING OF THE ALEXANDRA PALACE AND PARK BOARD - To agree the date for a special meeting of the Board to consider a report relating to the future of the asset.

Minutes:

The General Manager advised the Board of the necessity to call a Special Meeting of the Board on 24 July 2006 in order to consider future use of the asset. 

 

RESOLVED

 

That a Special meeting of the Alexandra Palace and Park Board be convened on Monday 24 July 2006.

 

12.

CHANGES TO BANK SIGNATORIES - To seek nominations and approval for changes to the trustee bank mandate. (Report of the General Manager) pdf icon PDF 93 KB

Minutes:

                                    RESOLVED

 

That the following be nominated as secondary signatures to the charity bank account and the changes to the bank mandate as follows:

 

Councillor Adje, & Councillor Egan, Councillor Hare, Councillor Peacock

 

13.

NEW ITEMS OF URGENT BUSINESS: To consider any new items of business admitted under item 2 above.

Minutes:

Nil

 

14.

EXCLUSION OF THE PRESS AND PUBLIC

The following items are likely to be subject of a motion to exclude the press and public from the meeting as they contain exempt information as defined in section 100A of the Local Government Act 1972; namely information relating to the business or financial affairs of any particular person (including the Authority holding that information), and information which is likely to reveal the identity of an individual.

 

Minutes:

                        That the Public and press be excluded from the proceedings as the following items contain  exempt information as defined in section 100A of the Local Government Act 1972 namely; Para 3 – Information relating to the business or financial affairs of any particular person (including the Authority holding that information).

 

SUMMARY OF EXEMPT/CONFIDENTIAL PROCEEDINGS

 

15.

MINUTES : To approve the exempt minutes of the special meeting of the Board held on (a) 27 March 2006, and (b) 11 April 2006.

Additional documents:

Minutes:

Agreed the exempt minutes of the meetings of the Board held on 27 March, and 11 April 2006.

 

16.

FUTURE USE OF ALEXANDRA PALACE - To advise the Charity Trustees of further progress made in negotiations with the selected investment partner. (Report of the General Manager)

Minutes:

Agreed

 

17.

THE MANAGEMENT OF THE RESIDUAL FUNCTIONS OF THE CHARITY - To consider recommendations on the management requirements post transfer of the asset. (Report of the General Manager)

Minutes:

Agreed recommendations as varied.

18.

REVIEW OF GENERAL MANAGER POSITION - To consider recommendations on the post of General Manager after transfer of the asset (Report of Berwin Leighton Paisner)

Minutes:

Item withdrawn.

19.

NEW ITEMS OF URGENT BUSINESS: To consider any new items of business admitted under Item 2 above.

Minutes:

Nil.

20.

TO NOTE THE DATES OF MEETINGS OF THE BOARD FOR THE REMAINDER OF THE MUNICIPAL YEAR 2006/0007 AS FOLLOWS:

12 SEPTEMBER 2006

14 NOVEMBER 2006

 6 FEBRUARY 2007

10 APRIL 2007

 

Minutes:

12 SEPTEMBER 2006

14 NOVEMBER 2006

 6 FEBRUARY 2007

10 APRIL 2007

 

The meeting ended at 21:45HRS.

 

Councillor Charles Adje

Chair