Minutes:
The Chair asked for a brief introduction.
Mr Holder briefly outlined that the charity’s professional team had been engaged in negotiation with that of Firoka’s over a number of weeks since the appointment of Firoka as preferred investment partner. Mr Holder commented that the professional team had negotiated a draft set of Heads of Terms which had been the subject of much discussion and negotiation over the period. The Board at its meeting on 27 March 2006 considered and agreed those Heads of Terms as the basis of the detailed lease.
Mr Holder also advised that as the land to be leased to Firoka was land to be used for the purpose of the charity, technically known as specie land, the Trustees had to comply with sec.36(6) of the Charities Act 1993. This required that the Trustees give notice of the proposed lease and invite representations. The purpose of such Notice was to ensure that as many people as possible in the beneficial area of the charity knew of the Trustees plans and have a chance to comment. Mr Holder commented that extremely wide publicity had already been given to the Trustees intentions and the plans had been subject to public exhibition and public discussion within both this Statutory, and the Consultative Committee. Mr Holder tabled a copy of the draft notice as agreed by the Board on 27 March 2006. The approved notice had been exhibited in and around the Palace and Park for 1 month until 27th April 2006. Any comments received would be analysed by the General Manager and reported back to the Board for further consideration.
Mr Holder also further advised that the Board had considered the residual responsibilities remaining with the charity after the transfer of business and staff to Firoka. These responsibilities were:
· landlord responsibilities arising from the 125 year lease;
· the management and maintenance of the parkland;
· decisions on future use of the parkland either for the charity or by request from other bodies/organisations;
· the annual report and accounts;
· liaison with the Advisory and Consultative Committees;
· administration of the Advisory and Consultative Committees;
· landlord responsibilities for the leases within the parkland (garden centre, 345 club, allotments and Actual Workshop if let);
· upkeep and management of its administrative headquarters;
· responsibility for insurance for the remaining assets of the charity;
· as an employing body.
The General Manager advised that the Board had agreed the majority of the residual responsibilities except for the residual charity staffing arrangements. The Board had felt that this matter required further consideration prior to making a decision.
In thanking Mr Holder for his introduction the Chair, in asking if there were any points of clarification or questions, asked whether there was any obligation on the successor lessee to retain the name ‘Alexandra Palace’. In response the General Manager advised that the name ‘Alexandra Palace’ was used by so many organisations that there were no claim to rights of usage and it would be difficult to impose rights. However there had been no suggestion on the part of Firoka to change the name and that given that past Firoka developments had retained their name it was unlikely.
In response to a question of clarification from Mr Aspden Mr Holder advised that the theatre, ice rink and organ were all included inn the development proposals.
Following a brief discussion the Committee felt that that the name ‘Alexandra Palace’ be retained in the future development of the palace and that this requirement be imposed on the new tenant, and that the Board be asked to make this request to the new tenant.
The Advisory Committee then undertook a wide ranging discussion in respect of the future of the asset and the following main points highlight that discussion:
· that in respect the Notice of proposed disposition under Section 36(6) Charities Act 1993 there was considerable objection to the inclusion of the roadway and southern extension in respect of the lease to be granted to the Firoka Group, and there was much surprise that such notice (which was advised by the General Manager as being inaccurate) should be displayed in an inaccurate form;
· concerns that that full liaison would not take place in future between the Board and the Advisory Committee, and the Firoka Group, and that this should continue and mirror the current arrangement that existed between both the Advisory Committee/Board, and the General Manager of Alexandra Palace, and that the appointed liaison officer /site Manager appointed by the Firoka Group should be asked to attend future meetings of the Advisory Committee, in order for a good working relationship and understand of roles being nurtured;
· that in respect of the future development of the Palace and the use of parking facilities for patrons, there should no charging for public parking in those areas not within the jurisdiction of the future tenant.
· Wide ranging concerns at the future of the Advisory Committee in context of the new lessee and the liaison between them and residual staff at the Palace
· The likely frequency of future Board and Advisory Committee meetings and the potential for the Committee not to be kept abreast of matters requiring its attention/consideration
The Chair then summarised and it was:
RESOLVED
That the Alexandra Palace and Park Board be requested to consider the decisions of the Advisory Committee of 3 April 2006 in respect of the future use of the Asset at the meeting of the Board on 11 April 2006 and take account of those decisions:
i. that the name ‘Alexandra Palace’ be retained in the future development of the palace and that this requirement be imposed on the new tenant;
ii. that in respect the Notice of proposed disposition under Section 36(6) Charities Act 1993 the Advisory Committee objects to the inclusion of the roadway and southern extension in respect of the lease to be granted to the Firoka Group, and expresses its surprise that such notice (which was advised by the General Manager as being inaccurate) should be displayed in an inaccurate form;
iii. that the Board of Trustees be requested to ensure that full liaison takes place in future between the Board and the Advisory Committee, and the Firoka Group which mirrors the current arrangement that exists between both the Advisory Committee/Board, and the General Manager of Alexandra Palace, and that the Board be requested to invite the appointed liaison officer /site Manager appointed by the Firoka Group to attend future meetings of the Advisory Committee, in order for a good working relationship and understand of roles being nurtured;
iv. That in respect of the future development of the Palace and the use of parking facilities for patrons, the Board be asked to consider and endorse the view of the Advisory Committee that no charge should be made for public parking in those areas not within the jurisdiction of the future tenant;
v. that the Board be requested to ensure that a full traffic survey be undertaken and provided as soon as possible and before the proposal be finally accepted.
The Committee next agreed to consider Item 5 as detailed in the order of business on the agenda.