Agenda, decisions and minutes

There were no apologies for absence.

There were no apologies for absence.

In accordance with the Councillors’ Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda.  Any councillor with a DPI must notparticipate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, the councillor must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

There were no disclosures of interest.

There were no disclosures of interest.

Decision:

(1)    That the Guildford Sports Ground Charity Annual Account returns for the year ending 31 March 2016, as set out in Appendix 1 to this report, be noted.

(2)    That the Principal Corporate Services Solicitor be authorised in consultation with the Chairman and the Parks and Landscape Manager to draft the Charity’s Annual Trustee Report for the year ending 31 March 2016.

Reason for Decision:

To comply with the legal requirement that the Charity must keep its registered details up-to-date. If the Trustee fails to submit these returns, it could result in the Charity Commission removing the charity from its register and taking further action.

Alternative options considered and rejected by the Executive Shareholder and Trustee Committee:

None

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None

The Executive Shareholder and Trustee Committee was required to complete and submit Charity Annual Account returns and the Charity Annual Trustee Report to the Charity Commission on behalf of the Guildford Sports Ground charity, also known as Woodbridge Road Sports Ground (“the Charity”). The Charity Annual Account returns for the year ending 31 March 2016 were submitted on 31 May 2017.

The Committee

RESOLVED:

(1)     That the Guildford Sports Ground Charity Annual Account returns for the year ending 31 March 2016, as set out in Appendix 1 to the report submitted to the Committee, be noted.

(2)     That the Principal Corporate Services Solicitor be authorised, in consultation with the Chairman and the Parks and Landscape Manager, to draft the Charity’s Annual Trustee Report for the year ending 31 March 2016.

Reason for Decision:

To comply with the legal requirement that the Charity must keep its registered details up-to-date. If the Trustee fails to submit these returns, it could result in the Charity Commission removing the charity from its register and taking further action.

Decision:

(1)    That the Woodbridge Road Sportsground Trust be varied to remove the restriction on keeping the Groundsman’s Cottage as designated land to allow for the disposal of the property with the proceeds being subject to the terms of the Trust.

(2)    That the capital receipt be invested specifically in refurbishing the existing pavilion to provide fit for purposes changing rooms, toilets and clubroom to enable the playing of sports and other activities in accordance with the vesting deed to support current and further use by the community.

Reason for Decision:

To fulfil the role of sole trustee considering the vesting deed and to further the purposes of the trust.

Alternative options considered and rejected by the Executive Shareholder and Trustee Committee:

None

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None

Guildford Borough Council, as the Sole Trustee of the Woodbridge Road Sportsground Charitable Trust, (Charity Number 305056) (The Trust) had undertaken a consultation in accordance with Section 121(2) of the Charities Act 2011 in respect of the disposal of the Groundsman’s Cottage at Woodbridge Road Sportsground by way of variation of the Trust to remove designated land.  The Cottage was surplus to requirements as there was no longer a need for a residential groundsman on the site and the cottage was restricted for this purpose. 

Therefore, the cottage was a liability and burden to the Trust as it was vacant and could not be occupied under the restrictions of the Trust. 

Having noted that no representations had been received, the Committee

RESOLVED:

(1)     That the Woodbridge Road Sportsground Trust be varied to remove the restriction on keeping the Groundsman’s Cottage as designated land to allow for the disposal of the property with the proceeds being subject to the terms of the Trust.

(2)     That the capital receipt be invested specifically in refurbishing the existing pavilion to provide fit for purposes changing rooms, toilets and clubroom to enable the playing of sports and other activities in accordance with the vesting deed to support current and further use by the community.

Reason for Decision:

To fulfil the role of sole trustee considering the vesting deed and to further the purposes of the trust.

Decision:

That the Executive Shareholder and Trustee Committee -

(1)  supports the proposed appointment of the persons listed in paragraph 2.4 of this report as Directors for the Holding Company and the Housing Company, for a period of four years;

(2)  notes the resignation of a Director to the board of the Holding Company;

(3)  notes the Delegation Matrix, as set out in Appendix 1 to this report; and

(4)  notes the approved Business Plan for the Housing Company, as set out in Appendices 2 and 3 of this report.

Reason for Decision:

To promote good governance by demonstrating a separation between the Council’s role as the Municipal Authority and the Council’s role as sole shareholder in the Companies.

Alternative options considered and rejected by the Executive Shareholder and Trustee Committee:

None

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None

The Committee was provided with details of the nominated Directors and Company Secretary to the boards of North Downs Housing Limited and Guildford Borough Council Holdings Limited. The Committee also received copies of the approved Business Plan for North Downs Housing Limited, and the delegation matrix.

The Committee

RESOLVED:

(1)   That the proposed appointment of the following persons as Directors, for a period of four years, be supported:

Guildford Borough Council Holdings Ltd

·         Adrian Maunders: Chief Executive, English Rural Housing

·         Andrew Hodges: Accountant (Retired)

·         Dennis Paul: Councillor, Guildford Borough Council

·         James Whiteman: Managing Director, Guildford Borough Council

North Downs Housing Ltd

·         Sarah Creedy: Chair – Strategic Policy Direction – Lawyer (Retired)

·         Gordon Jackson: Councillor, Guildford Borough Council

·         Nigel Manning: Councillor, Guildford Borough Council

·         Steve White: Deputy Managing Director, Guildford Borough Council

·         Sue Reekie: Accountant (Retired)

(2)   That the resignation of a Director to the board of the Holding Company, be noted.

(3)   That the Delegation Matrix, as set out in Appendix 1 to the report submitted to the Committee, be noted.

(4)   That the approved Business Plan for the Housing Company, as set out in Appendices 2 and 3 of the report, be noted.

Reason for Decision:

To promote good governance by demonstrating a separation between the Council’s role as the Municipal Authority and the Council’s role as sole shareholder in the Companies.