The Trustees) of Canal & River Trust (The Trust Or CRT) Held at Jury’S Inn Hotel, 245 Broad Street, Birmingham B1 2HQ on Friday 28Th September 2012 at 09:00 Am
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MEETING OF THE BOARD OF TRUSTEES Minutes of a meeting of the Board of Trustees (the Trustees) of Canal & River Trust (the Trust or CRT) held at Jury’s Inn Hotel, 245 Broad Street, Birmingham B1 2HQ on Friday 28th September 2012 at 09:00 am. Trustees: Tony Hales Chairman Lynne Berry John Bridgeman Marisa Cassoni Jane Cotton John Dodwell Steve Shine Simon Thurley Apologies for absence: Manish Chande Tom Franklin Executive Directors: Robin Evans Chief Executive Nigel Johnson Corporate Services Director (and Secretary to the Trust) Stuart Mills Property Director Vince Moran Operations Director Philip Ridal Finance Director Simon Salem Marketing & Fundraising Director Also attending: Sally Ash Head of Boating (items 12/071 to 12/074) Secretary of the Meeting: Mark Devin Prism Cosec Action 12/071 CHAIRMAN’S WELCOME The Chairman welcomed all those present. 12/072 PRESENTATION ON NON-COMPLIANT CONTINUOUS CRUISERS (CRT 31) Mr Salem and Sally Ash together presented a paper on non-compliant continuous cruisers, which the Trustees considered and discussed. The issue had been aired at the Council meeting held the previous day (the same paper being presented) and the views of several national boating organisations, (including those of the NBTA); other stakeholder groups; local government and neighbouring communities were made known to the meeting by Council members, Trustees and management. The range of views were all considered -1 - CRT Trustee Minutes – 28 September 2012 and noted at that meeting. A number of projects being developed in various locations on the waterways were outlined in the paper and discussed. The Trustees noted the strong support from the Council to the direction of travel set out in the paper and presentation. The Trustees encouraged consideration of the further use of technology and (appropriate) use of volunteers as elements in the ‘toolkit’ to address non- compliance by an increasing number of continuous cruisers who have established their homes along the towpath in particular areas. The Board underlined the importance of using every suitable opportunity to increase the number of residential moorings, notwithstanding the many difficulties involved, particularly with regard to the planning system. After further discussion the Trustees approved in principle the proposals set out in the paper and agreed to endorse: 1. The interpretation of Section 17(3)(c) of the British Waterways Act 1995 formerly used by BW and now by the Trust and its processes implementing this; 2. The strategic management solutions currently being developed as a SS means of boosting the Trust’s ‘toolkit’ for reducing non-compliance and improving harmony amongst waterway users; and 3. The commitment of resources in principle to this programme as outlined in the paper. 12/073 BOAT LICENCE FEES 2013 Mr Salem presented a paper that requested the Trustees to confirm increases in license fees in accordance with the formula for the final year of the published three year plan for licensing. This would result in an increase in private licence SS fees of 4.6% from April 2013. Following a [wide ranging debate and discussion considering all options]*, this was agreed. The Trustees further considered future increases to licence fees from 2014 and agreed that a benchmark of standard fees only rising in line with inflation should be applied for the financial years commencing in 2014, 2015 and 2016. It was noted that the practice of applying discounts on licences for boats used by charities varied considerably around the country. Some boats were simply used to raise charitable funds, others were used to provide accessible experiences for the disadvantaged and some had a dual role but the current policy was not applied consistently. The Trustees considered generally the issue of cross-charity discounts. In general, it was not commonplace for all charities to offer discounts as a matter of policy to other charities. However, the Trustees agreed, for the time being, to maintain the policy of offering discounts but only where the charity boat was not used for fee-paying passengers at all. Further guidance would be issued to the industry by way of consultation in advance of implementation. Mr Mills said that an on-going review of the licencing of business boats would be SM finalised for April 2013. [* Words in square brackets added pursuant to minute 12/090 of 22 November 2012] - 2 - CRT Trustee Minutes – 28 September 2012 12/074 FEEDBACK FROM COUNCIL MEETING 27 SEPTEMBER 2012 The Chairman provided feedback following the Council meeting held the previous day and on behalf of the Trustees thanked those responsible for organising the meeting. It was noted that a letter had been received from Tim Coughlan of Braunston Marina that raised concerns about a nearby proposed marina development at Onley and sought direct intervention form the Trust to prevent it. Mr Johnson was asked to write to Mr Coughlan articulating the legal situation and the Trust’s position. NJ (Sally Ash left the meeting) 12/075 DECLARATION OF INTERESTS IN ANY MATTERS ON THE AGENDA No interests were declared by individual Trustees. 12/076 MINUTES The amended minutes of the meeting held on Wednesday 25th July 2012 were approved. Matters arising: Heritage Lottery Funding (minute 12/067): A meeting with representatives of the National Trust and English Heritage would be arranged. SS 12/077 CHIEF EXECUTIVE’S REPORT (CRT 32) The Chief Executive supplemented his written report with a verbal update on various issues, inviting other executives to comment as appropriate. Mr Moran reported that the first major contractor/Trust safety forum had taken place and that he had received positive feedback on the event. It was noted that Hilary Bainbridge, the current Waterways Ombudsman, had produced her final report for 2011-12 before leaving office and had met with some Trustees to provide feedback on the previous day. Mr Johnson updated the Trustees on the process of the Waterways Ombudsman Committee (where the Trust was in a minority) to appoint her successor. An employee survey would be conducted in October 2012, which would include questions about the change to trust status. 12/078 FINANCE DIRECTOR’S REPORT (CRT 33) Mr Ridal presented his written report. The principal workstream currently was the preparation of completion accounts as at 30th June 2012. The current cash position was noted. The balance and the cashflow forecast had not changed materially since the last Trustee meeting on 25th July. It was agreed that the Strategic Plans Committee would give consideration to the development of high-level cash targets for the three-year period 2013/14 and 2015/16. - 3 - CRT Trustee Minutes – 28 September 2012 12/079 FUNDRAISING REPORT Mr Salem’s written report was received and noted. It was agreed that a strategy to attract major donors should be considered for inclusion in the Operating Plan, benchmarking against other charitable organisations as appropriate. SS 12/080 OPERATIONS REPORT Mr Moran reported on the recent breach of, and other damage to, the Trent & Mersey Canal following recent exceptionally heavy rainfall. 12/081 DECISION PAPERS (CRT 34) The following matters were considered and agreed: 1) Proposal for a Strategic Plans Committee: It was agreed that members should be John Bridgeman, John Dodwell, Steve Shine, Manish SS Chande and Tony Hales; 2) [Commercially confidential minute removed]; SM 3) Operating Plan 2012-15 for publication: The Trustees were invited to comment on the draft Operating Plan. Subject to the incorporation of amendments as noted, the Plan was approved for publication to the Trust’s website. RE 12/082 PENSION SCHEME DOCUMENTATION Mr Johnson tabled a paper dated 26th September summarising the contents of three documents prepared by the pension fund lawyers requiring approval for execution. It was noted that the subject matter of the three documents does not directly come within any existing delegated authorities. Mr Johnson summarised the subject matter of each document and, after due consideration, the Trustees approved entering into the following: 1) A flexible apportionment arrangement with The Waterways Trust (‘TWT’) relating to the exit of TWT from the pension scheme; 2) Two supplemental deeds making minor amendments to the Pension Scheme Principal Trust Deed in relation to (i) the process for future partial termination on the departure of any other associated employers; and (ii) additional voluntary contributions. 12/083 BOARD COMMITTEES The Trustees noted the minutes of the Investment Committee meeting held on Wednesday 12th September 2012. 12/084 JIM STIRLING The Trustees noted that Jim Stirling would be retiring from the Trust at the end of the month and that tributes had been paid to him at the Council meeting the previous day. He was presently in China at the World Canals Conference (not at the cost of the Trust) and that otherwise the Trustees would have wished to pay their tribute to him in person. Jim had given remarkable service to British Waterways and the Trust since - 4 - CRT Trustee Minutes – 28 September 2012 joining the former in late 1992. As Scotland Director he had led the restoration of the Lowland Canals. The ground breaking design and construction of the Falkirk Wheel as part of that project won many awards and the Wheel now features on the Scottish £20 note. Jim was rightly awarded an OBE for those achievements. As technical director Jim oversaw a complete overhaul of the management of infrastructure risks and the delivery of major works programmes. For the last two years Jim was a key member of the transition team that negotiated the transfer of British Waterways to the Trust. Jim made a major contribution in convincing government that the Trust would inherit from BW the skills, processes and experience to provide a safe and sustainable future for the waterways outside of government control.