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Councillors Freeman & Wells hereby left the meeting during the determination of this item.
The Monitoring Officer gave a point of correction in regard to paragraph 2.6, the job title should read Project Director and not Project Manager. The Monitoring Officer reported an update from the Chairman of the Great Yarmouth Preservation Trust (GYPT) regarding paragraph 3, Norfolk Conservation Ltd, that Darren Barker had stepped down as a Director but this had not yet been recorded at Companies House.
The Leader of the Council reported that a review of governance had identified an issue with appointments to GYPT which needed to be rectified. The unusual concept around the appointment of members from which directors were then selected, did not seem ever to have been observed. This meant that GYPT had long been non-compliant with its own rules. It was not openly understood or acknowledged that GYPT had become (with a change in legislation) a local authority regulated company. The creation of Norfolk Conservation Ltd did not appear to have been led by the Council and the company had accordingly, not been acknowledged as a local authority controlled company. These issues could now be addressed, and the recommendations of this report seek to regularise the position with regard to appointments, allowing GYPT to move forward with the modernisation of its Articles. The steps necessary to make the changes to the appointments and articles were set out in Appendix 2 to this report.
Councillor Wainwright reported that it was a complex report and it would have been helpful to Members if a briefing had been arranged on this item. Councillor Wainwright reported that GYPT was a highly respected organisation and had operated well over the years under the chairmanship of Barry Coleman and Bernard Williamson. However, as he was not an expert in such governance matters, he would abstain from voting.
Councillor Wainwright asked what would happen if the changes to the Articles were made and then not agreed by GYPT members at the meeting in September and whether making Kate Blakemore a Director, would be a conflict of interest in her two roles representing both the Council and the Trust.
The Chief Executive Officer clarified the reason behind the report coming to Council for approval.
The Monitoring Officer confirmed that the new articles had been put forward by GYPT as a result of work undertaken by an independent consultant, Julian Lomas, and that Kate Blakemore had taken advice in regard to the trusteeship and was aware that her first duty was to protect the interests of GYPT.
Councillor Wainwright asked for further clarification as to what would happen if GYPT did not agree to accept the new Articles and how Norfolk Conservation Ltd fitted in to the matter.
The Leader of the Council reported that Norfolk Conservation Ltd had been formed in 2014 when Councillor Wainwright had been Leader of the Council.
The Monitoring Officer reported that it was the Trust's decision to change its Articles on the advice of Julian Lomas and if the changes were not agreed, then a further report would be brought to Council. The formation of Norfolk Conservation Ltd had been authorised by the CEO at the time and Section 151 Officer and had not been reported to Council. She suggested that Councillor Wainwright should speak to Councillor Williamson, who was a Director of Norfolk Conservation Ltd, in regard to this matter.
PROPOSER: Councillor Smith
SECONDER: Councillor Plant
That Council:-
(i) appoint the existing appointed directors of Great Yarmouth Preservation Trust (GYPT) (Councillors Williamson, Fairhead, Freeman, Hacon and Wells) as “members” of GYPT (note that they will remain directors);
(ii) approve the new form of Articles of Association then to be adopted by GYPT, set out at Appendix 3;
(iii) appoint Iain Robertson, the Council’s Major Projects & Development Director, and Sheila Oxtoby, the Chief Executive, as additional members of GYPT until such time as the new Articles of Association are formally adopted;
(iv) and appoint Kate Blakemore, the Council’s Strategic Director, as an additional member of GYPT, to remain a member after the new Articles of Association are formally adopted, at which time she will also become a director of GYPT.
CARRIED.