Agenda item

To consider the report of the Chief Executive.

 

(Councillors June Ashworth and Jane Fletcher declared personal interests as Board Members in relation to the Dukes Theatre referred to in the report.  Councillors Sarah Fishwick and Roger Mace declared personal interests as Board Members in relation to the Vision Board, from whom correspondence relating to the report had been received.  Members were advised that Councillor Evelyn Archer had declared a personal and prejudicial interest in the item of business on the agenda as Chairman of the Winter Gardens Trust and for this reason was not present at the meeting.)

 

The Chief Executive presented a comprehensive report to enable Council to determine what support it should give to the Morecambe Winter Gardens Preservation Trust’s project to restore the Winter Gardens in response to the letter from the Trust appended to the report.

 

He drew Members attention to the fact that the Trust were putting forward just one proposal and with the deadline for the Sea Change funding application being the following day, there was no opportunity at this stage to seek to switch to an alternative proposal.  There were therefore only two options available to the Council – to endorse the Trust’s objectives and support the proposal subject to conditions as necessary to properly protect the Council’s interests or to decline to endorse the Trust’s proposals.

 

He further highlighted the fundamental questions contained in the report which Council needed to consider:

 

·         Whether the Trust proposal would make for a viable and sustainable use for the Winter Gardens

·         Whether the Council shares the Trust’s ambitions for the building as part of the regeneration of Morecambe

·         Whether the Council considers that the proposal warrants the substantial financial and service investment and change to the delivery of Council services and whether the Council can afford it.

 

Members were then invited to ask questions of the Chief Executive, Corporate Director (Regeneration) and Senior Project Officer, Section 151 Officer and Monitoring Officer.

 

At the conclusion of questions by Council it was moved by Councillor Bryning and seconded by Councillor Sherlock, in relation to the first recommendation in the report:

 

‘That Council does not, in principle, at this time, support a restructuring of its cultural services to help finance the Winter Gardens project nor the closure of the Platform facility or the redirection of other resources away from cultural venues across the District.’

 

The recommendations set out in the report were then moved by Councillor Langhorn and seconded by Councillor Gilbert by way of an amendment as follows:

 

(1)               That the Council supports, in principle, the restructuring of its cultural services provision centred around the Winter Gardens, accepting that this would involve closure of the Platform, in addition to the scheduled closure of the Dome, as well as the redirection of other resources away from other cultural venues across the district.

 

(2)               That Cabinet be requested to develop these and other budget savings proposals in order to provide full funding for the Winter Gardens project (both one-off and ongoing revenue, and any capital elements), and that such estimated funding requirements be based on any further appraisal work needed, to ensure that estimates are robust.

 

(3)               That the Council supports, in principle, the Trust’s aspirations for the Winter Gardens and approves the submission of funding bids for the capital phase of the Winter Gardens project to the NWDA and the HLF, in addition to the bid for Sea Change funding, with the Council accepting in principle the role of accountable body.

 

(4)               That the submission of such funding bids be subject to:

 

-          no funding offer being accepted or related contractual obligation being entered into, prior to full Council considering a full appraisal of the project and its likely impact on existing Council service provision, in particular the savings proposals from recommendation (2) above, as well as a full assessment of all other relevant considerations including overall affordability, prudence, value for money, and legality issues;

 

-          other partners and stakeholders acknowledging the Council’s need to have complete and robust information regarding the proposal, as well as them recognising the Council’s financial position overall;

 

-          sufficient funding being identified and approved by Cabinet, to address any resource / capacity issues leading up to re-consideration of the project by Council, and it being acknowledged that such work (and associated costs) may prove abortive.

 

(5)               That should ultimately the project advance further, it be noted that this would be subject to the following conditions, as a minimum:

 

-          effective partnership working between the Council, the Trust and the new Arts and Entertainment Trust respectively over the whole life of the project, i.e. through capital and operational phases and ongoing maintenance and renewal;

 

-          securing pre-approval funding from the NWDA to undertake further development work for the capital phase, including design work to the required stages;

 

-          assurance that project development and delivery, and ongoing implications, fit to funding availability and affordability;

 

-          assurance that all contractual matters meet legal requirements;

 

-          obligations being placed on (and met by) the Trust to strengthen its capacity as regards delivery of the capital phase;

 

-          the setting of delivery obligations for the capital works phase and including for the involvement of Council officers in project  management  and procurement as required to properly protect the Council’s interests;

-          provision for the early establishment and constitution of the proposed new Arts and Entertainment Trust to take forward the required pre-operational development work and operational management thereafter;

 

-          a requirement for the Arts and Entertainment Trust to procure a high calibre expert professional team for the pre-operational and operational phases;

 

-          determination of an appropriate contractual period for the period of any support for (or service level agreement with) the Trust, or associated Operator of the facilities.

 

There followed a lengthy debate and at the conclusion 7 Members voted for the amendment and many against, whereupon the Mayor declared the amendment clearly lost. 

 

It was then moved by Councillor Barry and seconded by Councillor John Whitelegg by way of amendment:

 

‘That owing to the financial implications and risks to the Council, the Council does not agree to support the Trust’s current proposals for the Winter Gardens at this stage.  The Council would, however, welcome further, more affordable, proposals to restore the Winter Gardens.’

 

There followed a further debate at the conclusion of which a recorded vote was requested in accordance with Council Procedure Rule 19.4.   The votes were recorded as follows:

 

For the amendment:

 

Councillors Jon Barry, Susan Bray, Anne Chapman, Susie Charles, Jane Fletcher, Charles Grattan, Emily Heath, Val Histed, Andrew Kay, Karen Leytham, Roger Mace, Ian McCulloch, Sylvia Rogerson, Morgwn Trolinger, John Whitelegg and Peter Williamson (16).

 

Against the amendment:

 

Councillors June Ashworth, John Barnes, Eileen Blamire, Abbott Bryning, Keith Budden, Shirley Burns, Tina Clifford, John Day, Roger Dennison, Jean Dent, Sheila Denwood, Keran Farrow, Sarah Fishwick, Rebekah Gerrard, John Gilbert, Mike Greenall, David Kerr, Janie Kirkman, Geoff Knight, Stuart Langhorn, Geoff Marsland, Roger Plumb, Joyce Pritchard, Robert Redfern, Peter Robinson, Bob Roe, Ron Sands, Roger Sherlock, Keith Sowden, Joyce Taylor, Tony Wade and Paul Woodruff (32).

 

Abstentions:

 

Councillor Chris Coates (1)

 

With 16 Members voting for the amendment, 32 against and 1 abstention, the Mayor declared the amendment lost.

 

It was then moved by Councillor Kerr and seconded by Councillor Burns by way of amendment as an addendum to the substantive motion:

 

‘That Officers be requested to develop a range of robust and realistic funding options in order to identify the revenue and capital resources required for the Winter Gardens project to be successfully completed and for its future sustainable operation; this to include discussions with other key partners, in particular the Arts Council, Lancashire County Council, Lancaster District Local Strategic Partnership and Morecambe Town Council, in respect of securing alternative sources of funding for the long term viability of the Winter Gardens.’ 

 

There followed a further debate at the conclusion of which 17 Members voted for the amendment, 23 against and 5 abstained whereupon the Mayor declared the amendment lost.

 

There then followed a further debate on the substantive motion during which the question was raised of a potential conflict between the resolution should it be passed and the content of the Bid document.  In order to ensure that Members were clear about the implications of the resolution the Mayor adjourned the meeting for 15 minutes to enable officers to clarify the position.

 

The meeting adjourned at 8pm and reconvened at 8.10pm.

 

On reconvening the Chief Executive clarified that the Trust proposals included the proposal that the Platform and Dome be closed and that revenue used to support their operation be redirected to support the Winter Gardens.   This did not however prevent the Council from supporting the proposal on the basis that alternative revenue funding would be identified and the covering letter with the Bid submission would outline the basis upon which any decision had been reached, should the motion under debate be approved.

 

A vote was then taken on the substantive motion when many Members voted for the motion and 6 against, whereupon the Mayor declared the proposition clearly carried.

 

Having determined the Council’s position in relation to any effect on the future provision of cultural services, Councillor Bryning moved the following proposition in respect of the submission of funding bids:

 

‘That Recommendations 3, 4 and 5 of the report (amended to remove reference to Recommendation 2) be approved and in addition:

 

That whilst, in principle, Council recognises the Trust’s aspirations, its approval of any submission of funding bids to the named external funders and willingness to accept the role of Accounting body must depend upon a full and detailed appraisal of the Trust’s Business Plan, its implications for the future finances of the Council, existing budgetary restraints, resources and capacity issues and, not least, consideration of the Section 151 and Monitoring Officers’ current reports and all other matters referred to in Recommendations 4 and 5 (in the report).

 

Further, that the necessary reports be submitted to Cabinet before final decisions are made by Council and that on Recommendation 4 advice be given on any matter to be included in any communication relating to the Sea Change bid by the deadline of 30^th April 2009.‘

 

The proposition was seconded by Councillor Sherlock and there followed a further debate at the conclusion of which a recorded vote was requested in accordance with Council Procedure Rule 19.4.   The votes were recorded as follows:

 

For the proposition:

 

Councillors June Ashworth, John Barnes, Eileen Blamire, Abbott Bryning, Keith Budden, Shirley Burns, Tina Clifford, Roger Dennison, Jean Dent, Sheila Denwood, Keran Farrow, Rebekah Gerrard, Mike Greenall, David Kerr, Geoff Knight, Karen Leytham, Geoff Marsland, Roger Plumb, Robert Redfern, Bob Roe, Ron Sands, Roger Sherlock, Joyce Taylor, Tony Wade and Paul Woodruff (25).

 

Against the proposition:

 

Councillors Susan Bray, Anne Chapman, Susie Charles, Sarah Fishwick, Charles Grattan, Emily Heath, Roger Mace, Ian McCulloch, Sylvia Rogerson, Morgwn Trolinger, John Whitelegg and Peter Williamson (12).

 

Abstentions:

 

Councillor Jon Barry, John Day, Jane Fletcher, John Gilbert, Janie Kirkman, Stuart Langhorn, Joyce Pritchard and Peter Robinson (8)

 

With 25 Members voting for the proposition, 12 against and 8 abstentions, the Mayor declared the proposition carried.

 

Resolved:

 

(1)         That Council supports, in principle, the Trust’s aspirations for the Winter Gardens and approves the submission of funding bids for the capital phase of the Winter Gardens project to the NWDA and the HLF, in addition to the bid for Sea Change funding, with the Council accepting in principle the role of accountable body.

 

(2)         That Council does not, in principle, at this time, support a restructuring of its cultural services to help finance the Winter Gardens project nor the closure of the Platform facility or the redirection of other resources away from cultural venues across the District.

 

(3)         That the submission of the funding bids in (1) above be subject to:

 

-          no funding offer being accepted or related contractual obligation being entered into, prior to full Council considering a full appraisal of the project and its likely impact on existing Council service provision, as well as a full assessment of all other relevant considerations including overall affordability, prudence, value for money, and legality issues;

 

-          other partners and stakeholders acknowledging the Council’s need to have complete and robust information regarding the proposal, as well as them recognising the Council’s financial position overall;

 

-          sufficient funding being identified and approved by Cabinet, to address any resource / capacity issues leading up to re-consideration of the project by Council, and it being acknowledged that such work (and associated costs) may prove abortive.

 

(4)         That should ultimately the project advance further, it be noted that this would be subject to the following conditions, as a minimum:

 

-          effective partnership working between the Council, the Trust and the new Arts and Entertainment Trust respectively over the whole life of the project, i.e. through capital and operational phases and ongoing maintenance and renewal;

 

-          securing pre-approval funding from the NWDA to undertake further development work for the capital phase, including design work to the required stages;

 

-          assurance that project development and delivery, and ongoing implications, fit to funding availability and affordability;

 

-          assurance that all contractual matters meet legal requirements;

 

-          obligations being placed on (and met by) the Trust to strengthen its capacity as regards delivery of the capital phase;

 

-          the setting of delivery obligations for the capital works phase and including for the involvement of Council officers in project  management  and procurement as required to properly protect the Council’s interests;

 

-          provision for the early establishment and constitution of the proposed new Arts and Entertainment Trust to take forward the required pre-operational development work and operational management thereafter;

 

-          a requirement for the Arts and Entertainment Trust to procure a high calibre expert professional team for the pre-operational and operational phases;

 

-          determination of an appropriate contractual period for the period of any support for (or service level agreement with) the Trust, or associated Operator of the facilities.

 

(5)     That whilst, in principle, Council recognises the Trust’s aspirations, its approval of any submission of funding bids to the named external funders and willingness to accept the role of Accounting body must depend upon a full and detailed appraisal of the Trust’s Business Plan, its implications for the future finances of the Council, existing budgetary restraints, resources and capacity issues and, not least, consideration of the Section 151 and Monitoring Officers’ current reports and all other matters referred to in (3) and (4) above.

 

(6)     That the necessary reports be submitted to Cabinet before final decisions are made by Council and that on (3) above advice be given on any matter included in any communication relating to the Sea Change bid by the deadline of 30^th April 2009.