MINUTES OF PENZANCE COUNCIL EXTRAORDINARY MEETING held remotely via ‘Zoom’ on Wednesday 26 August 2020 at 7:00pm PRESENT Councillor N C Broadhurst (Town Mayor) P Young (Deputy Mayor) Councillors D J Axford K M Baker A L Bates R B Cliffe N A Davis J H Dixon W Elliott J M How B Jackson J S Lambourn Also present: Hester Hunt (Town Clerk), Helen Wilson-Prowse (Support Services Manager/RFO), Ben Brosgall (Leisure & Amenities Manager), Cllr Jim McKenna (Cornwall Council). The Town Clerk conducted a roll-call of members present. 42. APOLOGIES FOR ABSENCE Councillors S Bosworth, S M Cordel, R A Mann, N G Pengelly, M B Thomas, N N Waller, C A C White Absent without apologies: None 43. DECLARATIONS OF INTEREST None received. 44. PUBLIC PARTICIPATION TIME Cllr McKenna provided a verbal report on the following items: Accommodation for homeless – a meeting between representatives of Cornwall Council, Penzance Council and other relevant organisations had taken place to consider the future provision of accommodation for homeless people and a collective agreement had been reached for the provision of appropriate accommodation in the right locations for the post-pandemic period. Traffic proposals – representation had been received from ‘Boots’ on Market Jew Street with concerns about the ability to continue packing and supplying the care packages that they provided to ca. 40 homes in Cornwall. It had been agreed that they would have vehicular access to the store within the street closure period during the daytime. - 42 - Penzance Council, 26 August 2020 Positive feedback about the traffic proposals had been received from some members of the public. Outdoor gym – the proposal (in connection with the Town Deal funding) was to provide an outdoor gym on Newlyn Green, adjacent to the existing playground and utilising the unused basketball court. Research had indicated that the maintenance cost of the gym would be relatively small. St Clare housing development – Cllr McKenna reported that he had met with representatives of the developer and requested the removal of all fossil fuel supplies from the development and the use of photovoltaic panels on all the houses and heat pumps to remove the reliance of gas. The proposals were being considered and Cllr McKenna would welcome the support of Penzance Council. Penzance Promenade refurbishment – one section was already open and the project was on track to meet the deadline of 3 November. Further updates would be supplied. 45. TO RESOLVE TO EXCLUDE MEMBERS OF THE PRESS AND PUBLIC To agree any items to be dealt with after the public (including the press) have been excluded as publicity would prejudice the public interest by reason of the confidential nature of the business to be transacted Public Bodies [Admission to Meetings] Act 1960 Due to the confidential nature of agenda items 8 (a) and (b) HR Matters, it was unanimously RESOLVED – to exclude the public and press from the meeting when these items were discussed. Proposed: Cllr Elliott; seconded: Cllr Dixon) 46. TO APPROVE WRITTEN REQUESTS FOR DISPENSATION No requests had been submitted. 47. TO DEAL WITH BUSINESS EXPRESSLY REQUIRED BY STATUTE TO BE DONE There was no business to be transacted. 48. TO RECEIVE QUESTIONS FROM MEMBERS OF WHICH PRIOR WRITTEN NOTICE HAD BEEN GIVEN, IN ACCORDANCE WITH SO NO. 17 No questions had been submitted. 49. REPORTS FOR DECISION (a) Golowan Festival 2021 – Barbican Building Tenancy Agreement Members were reminded that the Barbican building on Battery Road in Penzance had been rented by Penzance Council for several years and was used by - 43 - Penzance Council, 26 August 2020 Golowan CIC as its base. A fixed electrical inspection had identified a number of serious electrical faults in the building and it was the opinion of the Council’s legal advisors that the responsibility for carrying the required work rested with the landlord (via the property management company) and not with the tenant. There was some reluctance on the part of the property management company to carry out the work and the landlord had expressed a wish to put the current tenancy arrangement of a full commercial footing. Members were asked to agree that alternative measures be put in place to ensure the safety of Golowan CIC workers and to meet the requirements of the SLA with Golowan CIC and it was therefore unanimously RESOLVED – that Penzance Council agree to: a) Finance alternative accommodation for Golowan CIC for a ten - month period from October 2020. b) Cover the cost of skip hire for the removal of unwanted materials from the Barbican building; and c) Cover the cost of removal of equipment from the Barbican Building to new premises It was recommended that the £1,000 budget from budget line 1215 “Barbican statutory checks and inspections” be vired to budget line 3800/3 “Golowan Office Rental”. An additional £8,000 from General fund reserves to be vired to the same budget line. (Proposed: Cllr Dixon; seconded: Cllr How) (b) Devolution – Phase 2 Phase 1 of the devolution of property and services from Cornwall Council had comprised 6 public toilet facilities that were taken over by Penzance Council on 1 April 2016. Negotiations with Cornwall Council for the next phase of devolution had been ongoing and, at the Council meeting of 11 February 2019, it was resolved that Phase 2 should comprise: • Alexandra Play Park and adjacent Tennis Courts • Morrab Gardens • Foxes Lane Play Area, Mousehole • Princess May Recreation Ground - 44 - Penzance Council, 26 August 2020 Penzance Council’s Devolution Working Group had met with officers of Cornwall Council and discussions had revealed that the devolution of Morrab Gardens would be a complicated and potentially excessively expensive process. It was therefore proposed that Morrab Gardens be removed as a priority for Phase 2 of the devolution process and it was RESOLVED – that Penzance Council redefine the priority of the phase two Devolution Programme as resolved on 11 February 2019 (Minute 101 (f)) and that : • Princess May Recreation Ground; • Alexandra Play Park and Tennis Courts; and • Foxes Lane Play Area be prioritised as phase two of devolution. (Proposed: Cllr Cliffe; seconded: Cllr Bates) For: Cllrs Axford, Baker, Bates, Broadhurst, Cliffe, Dixon, Elliott, How, Jackson, Lambourn, Young Against: Cllr Davis (c) Accelerator Fund As part of the Town Deal Accelerator Fund Cornwall Council had proposed the installation of an Outdoor Gym along the waterfront, likely towards Wherrytown / Newlyn Green. Cllr McKenna confirmed that it was proposed to install the Outdoor Gym on the unused basketball court and that this would encourage the eventual refurbishment of the other court. The Town Council had been asked if it would adopt the maintenance of the equipment, once installed. However, it was noted that no indicative costs had been supplied and therefore any resolution to take on the maintenance would have to be subject indicative costs being researched and an understanding about the future status of the Outdoor Gym regarding future devolution considered. It was therefore unanimously RESOLVED – that Penzance Council agree, in principle and without prejudice, to take on the maintenance of the proposed Outdoor Gym as part of the Accelerator Fund, subject to final costings and budget line identification. (Proposed: Cllr Cliffe; seconded: Cllr Elliott) - 45 - Penzance Council, 26 August 2020 The public (and press) and Helen Wilson-Prowse left the meeting. 50. CONFIDENTIAL REPORTS FOR DECISION (a) HR Matter - 1 It was unanimously RESOLVED – that Penzance Council approve the payment of a settlement as outlined in the report provided, and that the HR Contingency Fund Reserve be used to fund this expenditure. (Proposed: Cllr Cliffe; seconded: Cllr Dixon) (b) HR Matter - 2 It was RESOLVED – that an independent review of the HR Matter discussed under Minute 50(a) above be commissioned and that the costs of this review be met by the HR Contingency budget. (Proposed: Cllr Cliffe; seconded: Cllr Elliott) For: Cllrs Baker, Cliffe, Davis, Elliott, How, Jackson, Lambourn Against: Cllrs Axford, Bates, Broadhurst, Dixon, Young 51. MATTERS ARISING FOR REPORT AT NEXT MEETING ONLY None. The meeting closed at Town Mayor 21 September 2020 - 46 - .