Archived decisions

Hampshire County Council

Executive Member - Recreation and Heritage Item 2

22 October 2002

Blackwater Valley Recreation and Countryside Management Service - Support Trust

Joint Report by the Chief Executive and Director of Recreation and Heritage

Contact: Kevin Gardner, Head of Legal Practice Ext: 7381

    John Tickle, Head of the Countryside Service 6000

1. Summary

    The following decision is sought:

    That a Support Trust be established to complement work undertaken by the Blackwater Valley Recreation and Countryside Management Service, and the Chief Executive be authorised to draft a constitution to enable the appointment of Trustees as soon as possible.

2. Reasons for the Recommendation

    To maximise opportunities for investment in environmental, community and access projects within the Blackwater Valley and to facilitate the creation of a supportive trust to achieve such benefits

3. Other options considered and rejected: Not applicable

4. Conflicts of interest declared by the decision maker, or a member or officer consulted

    Not applicable

5. Dispensation granted by the Standards Committee: Not applicable

6. Reasons for matter being dealt with, if urgent: Not applicable

    Approved by: (Signature) Date: (of decision)

................................. .........................

Councillor J. Waddington

Hampshire County Council

Executive Member - Recreation and Heritage

Item 2

22 October 2002

Blackwater Valley Recreation and Countryside Management Service- Support Trust

Joint Report by the Chief Executive and Director of Recreation and Heritage

Contact: Kevin Gardner, Head of Legal Practice Ext: 7381

    John Tickle, Head of Countryside Service Ext: 6000

1 Introduction

1.1 This paper requests approval to set up a support trust to further the work of the Blackwater Valley Recreation and Countryside Management Service (BVRCMS).

1 Background

1.1 BVRCMS is a local authority partnership with the aims to carry out landscape, recreational and conservation improvements along the Blackwater Valley.

1.2 Funding for the service is received from all the local authorities that border the River Blackwater. In recent years some authorities have not contributed or not fully contributed their share. This reduction in funding has been overcome by a combination of generating external income and cost/service cutting.

1.3 The Service is answerable to the Blackwater Valley Recreation and Countryside Management Committee attended by members of the partner authorities and which meets annually. Officers of the partner authorities meet quarterly.

1.4 In 2000, the Blackwater Valley Joint Officers Group commissioned an external consultant (Goodger Design Associates) to evaluate options for future service provision. One of the recommendations of the report was that the viability of setting up a support trust be explored.

1.5 The objective behind setting up such a support trust is to allow greater and easier fundraising opportunities than is possible for the existing BVRCMS. The funds raised would be spent on environmental activity in the Blackwater Valley in line with the objectives of the BVRCMS. They could, but would not necessarily have to be, given to the BVRCMS.

1.6 The support trust would neither replace the existing local authority funded service nor remove the need for local authority contributions. It would however enable further environmental improvement and education activity in the Blackwater Valley without increasing local authority contributions.

2 Progress to date

2.1 The County Treasurer (Financial Consultancy Team) was asked to investigate the viability of setting up a support trust. They concluded that:

    · Creation of a support trust would enable greater income generation possibilities to be explored.

    · A support trust would need to be self-financing and so income generated would need to exceed running costs.

    · The best format for the trust would be a registered company with charitable status. Such a body could tender for work from existing BVRCMS partners and other organisations and use surpluses generated to fund improvements to the Blackwater Valley.

    · The constitution of the charity would need to ensure local authority interests were represented and also allow for scope to change the geographical or functional boundaries of the body in the future.

    · Selection of appropriate trustees that contribute skills and experience to the charity would be crucial to its success.

2.2 At their last meeting on 13 November 2001 the Management Committee resolved to support the creation of a trust. They mandated the Joint Officers Group to seek nominations for trustees and to devise a method of appointment and selection. Potential trustees have been identified but a clear constitution outlining duties and responsibilities is required before any approach can be made.

2.3 The next stage is therefore for a constitution to be drafted by the Chief Executive in preparation for forming the trust. For this, authority is requested. The proposed basis for the constitution (based on conclusions of the Joint Officers Group) is set out in Appendix A. This is subject to amendment at the drafting stage, if considered necessary by the Chief Executive.

3 Role/organisation of new body

3.1 As outlined above the new body would be a registered company with charitable status. It could raise funds and provide services, and use the proceeds to benefit the area in line with its aim.

3.2 Inevitably the charity would start out on a small scale employing no staff of its own to minimise costs, but possibly having one member of BVRCMS staff seconded part-time in a supporting role.

3.3 It is impossible to firmly estimate likely income because sources cannot be guaranteed. Informal indications from the likely main sources (local companies and landfill operators) indicate it will be worthwhile. Even if income is low in its early years, it will be beneficial as long as costs and disruption to the service are minimal.

4 Recommendation

4.1 The Executive Member for Recreation and Heritage authorise the Chief Executive to draft a constitution for a Blackwater Valley Support Trust.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published works.

2. Documents which disclose exempt or confidential information as defined in the Act.

      TITLE FILE

Appendix A - Proposed basis for constitution

Issue

Proposal

Aim

To promote environmental improvements, increase outdoor recreation facilities and support related educational activities in the Blackwater Valley.

Number of trustees

Seven with no more than three being allowed to be representatives of local authorities (to avoid the charity becoming `local authority controlled').

Background of trustees

Three local authority representatives made up of: one from a Hampshire authority (Hampshire County Council, Hart District Council or Rushmoor Borough Council), one from a Surrey authority (Surrey County Council, Surrey Heath Borough Council, Guildford Borough Council or Waverley Borough Council) and one from a former Berkshire authority (Bracknell Forest Borough Council or Wokingham District Council). Representation would rotate between the councils in each of these groups.

The trust should aim to have further trustees with the following backgrounds: law, accountancy, fund raising, local business, outdoor recreation, conservation and a volunteer. However it is unrealistic to be guaranteed of all these backgrounds amongst the trustees.

Appointment of trustees

Selection of new/replacement will be the responsibility of existing trustees once the Trust is set up. Selection of initial trustees will be the responsibility of the Management Committee (probably delegated to the Joint Officers Steering Group).

Ability to own property

Although the trust will not own any land or property initially, the constitution needs to give it the right to do so to allow for purchases or legacies in the future.

Geographical area

The scope of the charity be restricted to the area of the Blackwater Valley initially but needs to allow scope for expansion or merger with other local trusts at a later date.

Ability to employ staff

The trust should be a able to employ staff although this will not happen at first.

Decision making

Majority voting of trustees with delegated power for less important decisions.

Expenditure/financial control

This should be modelled from a similar organisation Hampshire County Council has set up or is involved with.