Ilex Urban Regeneration Company Ilex Urban Regeneration Company Minutes of Board Meeting 30th October 2014, Boardroom, Ilex Present: Philip Flynn (PF) – Chair Mel Higgins (MH) Aaron McElhinney (AMcE) Sharon O’Connor (SOC) Gerry Mullen (GM) Colm McKenna (CMK) Henry McGarvey (HMcG) Deirdre Heenan (DH) Geraldine Keegan (GK) In attendance: Caoimhín Corrigan (CC), Gerard McCleave (GMC) Minute taker: Andrea Mullin Item No. 1. Topic Action Apologies: Margaret Lee (ML). PF advised that ML has tendered her resignation from the Ilex Board due to personal commitments. 2. Conflicts of interest: DH outlined an interest in Stratified Medicine. SOC declared an interest in the One Plan Transfer. 3. Minutes of neeting 25th September 2014: Board considered the minutes and was content to approve. 4. Matter arising: None. 5. Review of Action List: MH gave an update on the action list, noting those completed and the status of others, some of which will be covered in the CEO Report. Stratified Medicine: MH advised that he had written to OFMDFM about the Board’s position in respect of DSD’s decision not to transfer £250K to DHSSPS for the Stratified Medicine 1 Ilex Urban Regeneration Company project. MH tabled OFMDFM’s response of 21st October 2014 and, as suggested by OFMDFM, Ilex has written to DSD on the matter. We await a response. MH outlined the background to the matter and advised that Ilex had surrendered the money and unfortunately DSD has retained it for internal efficiencies. GMC added that advice was sought from OFMDFM on how best to progress the project and the Ilex Board was fully apprised of the position. CMK stated that the Department’s and DSD’s actions were not in line with Ilex’s intentions.He added that he was present at the Ilex Board Meeting when the Board approved the proposal to support the Stratified Medicine project and the Board knew exactly what they were agreeing to. SOC advised that she had met Tim Losty, OFMDFM, and he was also fully aware of Ilex’s intention. SOC said that the city has been let down by both NI Executive Departments. She added that the Stratified Medicine project was in the best interest of the city, we have a strategic ambition, the Board endorsed the proposal and the two Government Departments have failed. DH concurred, adding that the city will suffer and Ilex’s response should reflect this. CMK said that DSD’s decision to retain the funding has a knock-on effect on the city and the economy. SOC asked what practical action can be taken. MH advised that he has written to DSD on the matter and we await their response which will be shared with Board. CMK asked at what point do we assess the damage caused to the city and expressed concern that Ilex will be held accountable if the project falls apart. MH advised that Ilex will engage with DHSSPS on the impact of the withdrawal of funding. ACTION MH SOC said that OFMDFM’s letter must be challenged. CMK added that the language in the correspondence does not reflect Board opinion and asked that an audit trail of communication is prepared to accompany the response to OFMDFM. GM also noted his concern with the wording used in OFMDFM’s letter and agreed that a response was required. He asked to see a chronology of communication which demonstrates that the letter is 2 Ilex Urban Regeneration Company factually incorrect. CMK added that the impact on the city of the withdrawal of funding should also be reflected in the response. MH advised that if we do not receive a satisfactory resolution from DSD we will consider alternative avenues. SOC added that, as expressed in the previous Board meeting, she feels that this is a matter for the Head of the Civil Service. Ilex to respond to OFMDFM outlining process followed and Board involvement in the Stratified Medicine project. ACTION MH/GMC MH advised that he was pleased to confirm that the Business Plan 2014/15 and the Annual Report 2013/14 have been approved. 6. Chairman’s Report (verbal): PF advised that prior to the Board Meeting he met the One Plan Team. PF reassured the team that the Board is committed to the transfer of the One Plan function to DCC and noted the negative impact and effect that the delay is having on staff morale. SOC noted her conflict of interest on the matter and said that she did her best to move the transfer forward. She referred to the delay on OFMDFM’s part, said that she no longer had sole responsibility to make the decision, and noted her apologies to the staff involved. SOC, CC and GMC left the meeting at this point and the Board continued in closed session. PF gave the Board an overview of his meeting with the One Plan team noting that the team had concerns about communication. CMK said that he was disappointed that staff felt that they had not been kept informed. He expressed concern about a secondment arrangement and asked if Ilex had taken legal advice. MH advised that DCC and Ilex have sought legal advice 3 Ilex Urban Regeneration Company on the matter. Board discussed the transfer proposal. CMK said that he was uncomfortable with a secondment arrangement, however there is no other option. GM expressed concern that Board had originally approved a transfer of the function and now it is a secondment. PF said we need agreement that the secondment will not end before March 2016. MH asked Board to approve the formal communication of this to staff. Board agreed to facilitate secondment. Closed session ended and SOC, CC and GMC returned to the meeting at this point. Director’s Assurance Report to OFMDFM Departmental Board: The above report was tabled at the meeting and MH outlined its purpose. MH advised that OFMDFM receives the papers for the Audit Committee meetings. The Quarterly Report gave a fair reflection of where Ilex was and the Audit Committee agreed the position. CMK noted surprise that at the Audit Committee meeting OFMDFM did not raise concerns about achievement of targets. MH advised that he will reconsider the targets and will share with Board. CMK said that the OFMDFM representative had ample opportunity to raise concerns prior to the Audit Committee meeting. PF referred to his meeting with Mark Browne (MB), OFMDFM, on Wednesday, 29th October 2014 and advised that MB had expressed concern about business cases not coming through and the Peace Bridge transfer to DRD. MH advised that a Project Manager recently left the company to take up a new role and we currently do not have the staffing resource to take forward some business cases. MH said that negotiations are continuing with DRD to adopt the Peace Bridge and advised that if it is not 4 Ilex Urban Regeneration Company adopted by DRD, the bridge will remain with Ilex. PF said that MB advised that the financial situation in the public sector is difficult and will get worse. GM asked if the Ilex review was referred to at the meeting. PF said that it was discussed and is pending Ministerial approval. PF said that he reassured MB that Ilex will continue to add value and will cooperate with the review. PF also advised that he discussed Board membership with MB and will write formally to him about it. CMK suggested that PF refers to legislation on Board quorum, considers the skills gap within the Board, and makes a case for additional members. The Audit Committee will raise the findings of the Director’s Assurance Report with OFMDFM.ACTION 7. MH/CMK Chief Executive’s Report: MH advised the Board of the main recommendations from the CEO Report which require Board discussion and/or agreement: DH advised that the Higher Education sector in Northern Ireland is facing cuts of 13.5% and said that 4,000 student places will be cut. DH said that University of Ulster has been involved with the One Plan and the pending cuts will impact on this. MH added that this was an important point and skills are needed for future job creation in the city. DH expressed concern that the reality and severity of the cuts is not appreciated by the business community which will have implications for many projects in Northern Ireland. GMC added that while cities across the UK are investing in universities, NI is not. Recommendation: Board noted update on One Plan activities. Recommendation: Board to approve the Ebrington Development Framework. MH advised that following the extended consultation the planning application is ready to be submitted. CC gave an overview of the refinements made to the Ebrington Development Framework (PowerPoint presentation). He outlined refinements made to road access which are in line with the consultation. CC also 5 Ilex Urban Regeneration Company referred to the Masterplan and outlined updates made following Ministerial Advisory Group (MAG) advice. He added that all refinements were achieved in line with the draft framework mix and outputs are as previously published with modifications within 5% tolerance. CC said that this was the best solution for Ebrington following further consultation with Roads Service. He also advised that Planning Service is content that Ilex could now submit for planning as all necessary consultation had been undertaken. He added that AECOM is clear that their solution is in line with DMRB guidance. SOC advised that the new arena in St Columb’s Park will complete in February 2015 which will impact on the general area. MH added that Ilex will do all it can to obtain planning approval. Board content to submit EDF planning application as presented. Recommendation: Board to note financial position at September 2014. MH advised that we are on track to spend money and he is confident that the depreciation funding will be received from DSD soon. Board noted the financial position at September 2014. MH outlined the tender process for legal services and said that a new competition will commence to appoint an external provider of legal services. Recommendation: Board noted the update on legal services procurement. SOC advised that DCC has capacity within their Legal Services Department to provide assistance with this. Recommendation: Board to note Strategy Day format. MH advised that the Board Strategy day will take place on Thursday, 27th November 2014 at Crumlin Road Gaol. Board Members will be given a tour of the Gaol, followed by presentations and a planning session for Business Plan 2015/16. John Kelpie was invited, however he cannot attend due to other commitments. Recommendation: Board to approve 2015 meetings 6 Ilex Urban Regeneration Company schedule. Board approved the 2015 meetings schedule. The press release for the Walled City Brewery at Ebrington was tabled at the meeting. MH said he was delighted to announce this addition to Ebrington, adding that the launch of the car park will be announced in the coming week. 8. 6 month performance to 30th September 2014. In light of comments received from OFMDFM, it was agreed that this paper will be reviewed by the Audit Committee and presented to Board at a later date. The Audit Committee will meet in advance of the November Board meeting. 9. Finance Recommendation: Board to consider efficiency scenarios. MH referred the Board to the paper on potential scenarios for efficiency savings which demonstrate projected savings at 10%, 15% and 20%. MH advised that the Executive team reviewed and considered potential efficiencies and presented this to the Audit Committee. MH outlined each scenario to the Board, and the risk associated with each option on achievement of targets. MH added that OFMDFM may request a review of staffing, however Ilex is a small team and needs its staff complement to take forward Ebrington. MH added that Ilex seeks to restructure and is currently carrying vacancies. Staff are taking on additional work. Board accepting of efficiency scenarios. 10. Ebrington update MH referred the Board to the Ebrington Update paper. MH advised that expressions of interest have been received from the local area and outlined the paper to Board. CC added that there has been interest in Building 30 and market failure suggests that there could be a commercial opportunity in the building. CC also advised that Enterprise North West is preparing a business plan for space at Ebrington. 7 Ilex Urban Regeneration Company MH added that the level of interest is mainly from small/medium enterprises and said there has been interest from six hotel operators. They will go through an open process when the hotel opportunity formally goes to market early next year. MH added that we seek to take forward a proposition to Board based on research by Invest NI which demonstrates a need for Grade A office accommodation. MH said that overall Ilex is pleased with the level of interest received. MH said that capital monies will get buildings to a desired condition. CC advised that early feedback in relation to the Cunningham building suggests it may be too large scale for a bar/ restaurant and consideration may be given to other uses. Or it might be divided into two projects. MH added that we need to invest considerably in buildings to encourage private sector investment. The Ebrington media pack was distributed to Board members and MH advised that positive media coverage has been received. SOC said that a hotel with major conference facilities would increase the potential for gigs in the city. SOC suggested obtaining material from the Guildhall to help with a marketing package. ACTION MH said that 31 expressions of interest have been received in the current phase of opportunities. He added that there has been significant interest in bar/restaurant opportunities, however Ilex has made it clear - both to media and politicians - that we need to be mindful of displacement. AMcE said we should be mindful of the timescale for the delivery of a hotel opportunity as hoteliers may choose an alternative readily available location. SOC asked why there has been a delay in the Creative Hub. MH advised that Ilex has submitted a request to retain gallery space in Building 80/81 upon Ministerial request. MH added that Blick, the operator of the Creative Hub, will carry out market testing. If there is no response from 8 Ilex Urban Regeneration Company the arts sector, the entire building will become a Creative Hub. Board noted the update on Ebrington business development. 11. Business cases / tender actions (log): No new business cases. 12. Items for information: noted as read. MH advised that the Assurance Statement and Risk Register will be presented to Board following an Audit Committee meeting. MH noted the very positive media coverage that Ilex has received. MH referred the Board to the Google Analytics Report and advised that the level of interest in the new website was pleasing. GK queried why some of the Ilex Board meeting minutes and agendas were not available on the website. MH advised that some of the information contained in the documents is commercially sensitive and consent had to be obtained from prospective new businesses before publishing on the website. 13. 14. AMcE advised that feedback on the new website has been positive and said there is a lot of confidence. CMK asked if google analytics could be used to give an insight as to why visitors visit the website and queried if, as an organisation, we know what to do with the information. AOB Date of next meeting: 27th November 2014 (Board Strategy Day) 9