Ilex Urban Regeneration Company Ilex Urban Regeneration Company Minutes of Board Meeting 30th April 2015Boardroom, Ilex Present: Philip Flynn (PF) – Chair Mel Higgins (MH) Aaron McElhinney (AMcE) Colm McKenna (CMK) Henry McGarvey (HMcG) Geraldine Keegan (GK) Gerry Mullen (GM) In Attendance: CaoimhÍn Corrigan (CC) Gerard McCleave (GMC) Angela Hughes (AH) (PART) Henry Johnston (HJ), OFMDFM (PART) Siobhan Broderick (SB), OFMDFM (PART) Minute Taker: Andrea Mullin Item No. 1. Topic Action Apologies:Deirdre Heenan (DH) John Kelpie (JK) 2. Conflicts of interest:None. 3. Minutes of meeting 26th March 2015: Minutes approved subject to amendment requested by CMK. Minutes will be updated to reflect the change. 4. Matter arising: None. 5. Review of Action List: MH gave an update on the action list: CC has met Derry City and Strabane District Council about events. CC said it was a positive meeting and we need to be ambitious however it is difficult to take forward large scale events due to funding constraints. CC added that the Board previously agreed to support the Council with legacy events and he recommends that Ilex continues this support. GK asked what events are planned on Ebrington during the summer. CC advised of several events scheduled and said that the programme is not as intensive as last 1 Ilex Urban Regeneration Company year. MH advised that a timetable of events is included in Board papers. MH added that Ilex will continue to monitor and identify ways to support events. CC said that a charging policy is in development and that Ilex is considering outsourcing the management of events. CMK asked if OFMDFM has been asked for clarification in relation to the capital position. MH advised that he intends to raise this with Henry Johnston and Siobhan Broderick (OFMDFM) when they attend the Board meeting later today. MH added that Ilex seeks to retain receipts in the next monitoring round. CMK said that negotiation with OFMDFM on the retention of receiptswill be important prior to Ilex transferring to the Department of Communities (formerly DSD). 6. Chairman’s Report (verbal): On behalf of the Board, PF wished James Huey success in his new business venture at Ebrington as a Craft Brewery and offered Ilex’s support. PF also thanked the Ebrington Team on behalf of the Board for their contribution in taking forward the Craft Brewery proposal. Board had a tour of the Craft Brewery in advance of Board meeting. PF advised that since the March Board meeting he has met with the consultant leading the review of Ilex. The meeting focused on evidence of results and history. PF advised that a further meeting of the Board may be convened in May to discuss the report if it is received. MH advised that he also met with the consultant and the focus was significantly on past performance and how Ilex delivered on its objectives, staffing and spend. CMK said it was clearly communicated at the last Audit Committee meeting that the Board needs to see the draft report for accuracy. MH said that there may be a tight turnaround time to respond upon receipt of the draft report therefore he would appreciate if Board members could be available at short notice if necessary to discuss. Following further discussion by Board PF advised that Ilex will respond to the draft report as appropriate. Board agreed to hold an additional Board meeting if required to consider a draft report. 2 Ilex Urban Regeneration Company PF continued his update advising that an external review of Unity of Purpose will be considered at their next meeting. PF advised that he attended the Strategy Board meeting where Gavin Killeen provided an excellent presentation on the skills agenda and Mark Durkan M.P presented on a new proposal for a ‘City Deal’. PF also met Sharon O’Connor and on behalf of the Board, thanked her for her contributions to Ilex and passed on his best wishes in her new role. PF and MHattended a meeting with Terence Brannigan, Chair of Maze Long Kesh (MLK) and Kyle Alexander, MLK, and said it is pleasing to note how much further on Ilex is with Ebrington. PF added that MLK hopes to launch a new revised development programme imminently. MH added that there are a number of similarities between Ilex and MLK and they are keen to engage with Ilex. Following a meeting with Patrick Shortall, PF received correspondence from Patrick which he has responded outlining Ilex’s requirements for Ebrington and inviting him for a tour of the site. 7. P&R Committee Report / Update: MH advised that the P&R Committee discussed the transfer of the Strategy and Regeneration function to Council and staff vacancies. MH said that staff vacancies are currently amber on the risk register however this could change to red. MH added that a case will be submitted to OFMDFM on the justification to fill vacancies. Staff are needed to take forward projects as this could impact on Ilex’s ability to deliver on the Business Plan. Consideration will be given to projects and work which may stop due to the reduction in staff and this will be presented to the May Board. 3 Ilex Urban Regeneration Company Transfer of the Strategy and Regeneration Function to Council: MH advised that Ilex’s HR Lead has met Derry City and Strabane District Council (DCSDC). The secondment is in line with DFP template. MH advised that the secondment allows staff the right to return to Ilex. MH added that it is anticipated that the transfer will take place end May 2015 once all parties have agreed the paperwork. MH advised that a Memorandum of Understanding (MoU) also exists as Ilex will continue its responsibility to report on the One Plan in 2015/16. HMcG advised that a Voluntary Exit Scheme will be put in place if required. 8. Audit Committee Report / Update: CMK advised that the main area of discussion for the Audit Committee was the Peace Bridge and the recording of the associated risk. CMK added that the Ilex staff count has reduced by 20% and this escalates risk. CMK referred to Executive stretch in previous years and noted the risk that this could happen again as staff arecurrently stretched and this needs to be addressed. CMK said that the transfer of the Peace Bridge is closer to red on the risk register and he would like this resolved. HMcG asked if we have an approach with the Department on dealing with the staffing issue. MH advised that the issue is escalated via the risk register. MH added that a case for staffing is in development and will be submitted to OFMDFM. GM expressed concern that the Craft Brewery operator will be isolated. CC said that Ilex will be based on Ebrington by Summer 2015 with further developments coming in place and the ongoing challenge will be in achieving our longer-term priorities. CMK advised that the capital underspend issue was also discussed at the Audit Committee meeting. CMK said that a middle ground is required with the Department on 4 Ilex Urban Regeneration Company the approval timeframe for business cases. 9. Grade A Office Accommodation on Ebrington – Presentation: AH jointed the meeting at this point. CC and AHoutlined the presentation to the Board. In discussion CMK advised that Invest NI (INI) is crucial in this project. HMcG asked what the Executive’s view is on funding. MH advised that the economic appraisal will demonstrate need and that intervention is required to stimulate the private sector. MH added that he met with Invest NI’s international team. He advised that Land and Property services will set a rent for office accommodation. Ilex will work out the best option to meet the needs of the city and allow for the most buy-in. MH added that we need to attract sustainable businesses and we require an intervention that works best for the city. GMC added that Ilex will try to find a solution however INI’s input in securing tenants was critical. CMK said if it is properly developed the cost to the public purse is small. CMK asked if we know the type of business we want. HMcG said a leap of faith is neededfor this type of development and that there is the need to take a managed risk. He added that political support will be required. GMC said that all options work we just need to find the right one for Derry~Londonderry assessed against the various levels of risk and risk mitigation. MH said that an FDI company alone will not fill the offices and the best option is for an indigenous firm along with a combination of different floor plates will be required and we need a guarantee from INI that the building can be filled. MH added that if we create the right environment it will create jobs and attract investment to the city. MH said that we have to work with INI and its international team to ensure this can be delivered. AMcE asked what the timescales are for the proposal. CC said it is linked to a solution and we need to revisit 5 Ilex Urban Regeneration Company an option without financial support. Engage further with Invest NI on the Grade A Office Proposal. ACTION MH AH left the meeting. 10. Chief Executive’s Report: Recommendation: Board to note update on Ebrington Development Framework. MH referred to the Ministerial Advisory Group (MAG) report contained within Board papers. MH advised that MAG states that we are not bound to use their recommendations however Ilex will consider as appropriate. AMcE suggested that Ilex consider residential opportunities on Ebrington and noted concern that zones do not work. He added that there are a lot of recommendations contained within the MAG report that should be discussed. MH said that the market will dictate investment and Ilex’s approach is to be flexible to accommodate private sector investment on Ebrington. AMcE asked if Ilex will be proactive and have a site that is living and breathing. AMcE added that the site should be animated and suggested that a student/residential offering is considered. CC advised that we would need to consider how the provision of residential offerings would impact on the population and we must try to create jobs first. PF said that we do need to animate the site and this should be incorporated as appropriate. GMC said to be mindful that the MAG report is a view and is not necessarily based on the most up to date and robust evidence base. He added that the Ebrington Development Framework makes provision for learning and education. CC added that the MAG report fails to acknowledge that we need to work with the market. HMcG said that he is not fully in agreement that jobs should come first and suggested that both job and residential opportunities are needed to ensure that the Café etc can survive. CC 6 Ilex Urban Regeneration Company said that any residential opportunities are likely to be new builds. AMcE said that the buildings are perfect for tourism and students. GK said it is important to revisit the MAG report against priorities developing from it.ACTION Board Board noted the update on Ebrington Development Framework. Executive Team to considertourism/residential opportunity in line with commercial and ongoing developments. ACTION Executive Team Recommendation: Board to approve the Business Case for Building 115 (subject to Casework Committee approval). CC advised that the client is reassessing needs. The Business Case summary will be presented at a future Board meeting. Recommendation: Board to note Expression of Interest (EOI) in relation to Building 63. The EOI was tabled at the meeting and CC advised that it is commercial in confidence. CC noted that the opportunity seeks to create a visitor experience offering a heritage product complementary to the Craft Brewery. Board noted Expression of Interest in relation to Building 63. Recommendation: Board to approve the June 2015/16 Monitoring Round Proposals. MH advised that the June monitoring round proposal has been issued to OFMDFM and he outlined the proposals put forward. Board approved the June 2015/16 Monitoring Round Proposals. Recommendation: Board to note attendance in 2014/15. MH referred the Board to the attendance report for 2014/15 and PF complimented Board members on the increased attendance from the previous year. Board noted attendance in 2014/15. 11. 12 Month Performance to 31 March 2015: MH referred to the 12 Month Performance Report and 7 Ilex Urban Regeneration Company asked Board for their comments. The report will be used to prepare the Annual Report. 12. Business Cases / Tender Actions (log): The Business Case for the Enterprise Hub has been submitted to OFMDFM. Appraisals are being developed. 13. OFMDFM Update: Henry Johnston (HJ) and Siobhan Broderick (SB) of OFMDFM joined the meeting at this point. PF welcomed HJ and SB to the meeting. HJ provided an update on the Stormont House Agreement. He advised that an Early Exit Scheme will also be going ahead. HJ advised that further budget cuts are expected in 2016/17. MH asked if further cuts are expected this year. HJ advised that he could not confirm at this stage. HJ referred to Ilex’s capital position and PF noted his and the Board’s disappointment in relation to the capital underspend. MH added that Ilex was disappointed that it did not achieve spend on capital. MH said that Ilex was over optimistic with project timeframes and that the Board have taken significant steps to ensure that underspend does not occur again. HJ advised that the capital underspend also had a significant knock on effect on OFMDFM. MH advised that a number of projects had to cease and this led to a significant element of capital not being spent. SB said it is problematic for OFMDFM that the Peace Bridge appears on Ilex’s accounts. MH advised that Ilex is engaging with Council and DSD on the matter. SB said that the Peace Bridge should be recorded in the Risk Register as red. CMK advised that the risk with the Peace Bridge is kept under constant review and is closely monitored by the Audit Committee. HJ said he is concerned with the pipeline of projects for 8 Ilex Urban Regeneration Company 2015/16 as a lot of spend is required in the final quarter and this could easily slip. HJ said he would be more content if the pipeline of projects was delivered earlier in the year. HJ encouraged Ilex to develop a strong pipeline of projects adding that there is money available and focus should be on getting buildings on site for the benefit of people in the city. SB advised that OFMDFM has a resource available to Ilex to assist with the drafting of business cases. MH said that Ilex is carrying a number of vacancies however understands that there is a moratorium on recruitment. HJ advised that the likelihood of adding staffing resources are quite slim and said that Ilex may wish to redirect skills within existing personnel. HJ said that Ilex needs to animate the Ebrington site and safeguard the legacy of the One Plan in line with the Community Plan. HJ added that Ilex should consider redirecting personnel in–house given the number of staff they have across the organisation. SB added that OFMDFM can supply a resource for business cases however cannot fund it. MH said that Ilex has a staff shortage. He added that projects are being worked up however we cannot speculatively build as we must demonstrate need. MH said there is sufficient demand and we will consider the offer of an additional resource to work up business cases. ACTION MH stressed the need for OFMDFM to OFMDFM/Ilex improve the turnaround time for the approval of business cases. HJ advised that the issue is the quality of business cases submitted however OFMDFM economists could engage earlier to discuss generic concerns bias and give advice on best practice. HJ asked for clarification on Ilex’s internal processes for the business case log. MH advised that business cases are reviewed by the Ilex Casework Committee and are subject to a comprehensive internal review process. HJ suggested that the business case log would be easier to read if divided into sections to highlight current as opposed to historic cases. ACTION MH CMK advised that there is executive stretch within Ilex 9 Ilex Urban Regeneration Company and if we continue at 70% staffing we cannot deliver to 100% of our plan and may have to take a decision on what areas can be stopped. HJ said that Ilex will have to prioritise and noted that their revenue spend including staffing is set to exceed their capital spend. MH added that Ilex is operating with 19 staff and it is the replacement of existing staff vacancies that is required. HJ said that Ilex needs the right people with the right skills and suggested buying in resource. HJ said that Ilex should have a reservoir of business cases and the earlier that the bulk of these get away the better. SB asked what steps have been taken to resolve the capital issues. CC advised that going forward Ilex will not be as optimistic with approval timeframes and will review in line with the monitoring round. MH added that Ilex will also seek to accelerate works, overcome the quality issue in business cases and make stronger judgement calls. MH explained why addendums were required for several business cases due to unforeseen works. MH added that in the future, a Red/Green/Amber system will be introduced and money will be handed back if approval for projects is not obtained when anticipated. CMK said that collectively, sleek management is required around the business case process. CMK added that we cannot afford to slow things down when dealing with the private sector. SB expressed concern in relation to the turnaround time that Ilex takes to respond to queries relating to the cases. CMK asked how we can work out the quickest way to turnaround business cases. HJ said that the volume of queries from OFMDFM relates to the quality of business cases. HMcG asked if the resource offered by OFMDFM will help with the quality issue. SB said that it may. HJ added that it is priority to get a reservoir of business cases lined up. MH advised that Ilex has established a Casework Committee to review and improve the quality of business 10 Ilex Urban Regeneration Company cases. MH added that Ilex will engage with OFMDFM economists on business cases to improve the process. CC asked if business cases that have gone through the Department process faster were better quality. OFMDFM to check this with economists. ACTION There was discussion regarding Ilex’s capital budget for 2014/15 and Programme for Government Targets. MH advised that the Peace Bridge was European Funding however it appears on Ilex’s accounts. OFMDFM to confirm impact of this on Programme for Government Targets. ACTION OFMDFM OFMDFM HJ noted the presence of the DOE office on the site and asked where Ilex was with the animation of Ebrington and how many businesses are on site. CC outlined the current status of projects and advised that he will demonstrate further when HJ and SB visit Ebrington following the meeting. MH advised that the transfer of One Plan support to Council will take place via a secondment. MH explained that the Council will have responsibility for the One Plan and taking forward the Community Plan. GMC advised that Ilex will still drive forward the implementation of the One Plan. He added that Ilex is working with John Kelpie on the Community Plan and carrying out research for it. GMC added that the intention is for the Strategy and Regeneration function to move to council with a view to aligning the One Plan and Community Plan. HJ asked if the seconded staff will be absorbed by Council. MH advised that staff will move to Council and the intention is that they will be aligned with the RPA model. MH added that the intention is for the funding to go to council via DSD. PF asked for an update on the Ilex Review. SB advised that the review requires further work. CMK asked that the report is shared with Board. SB said that the review requires more work and there has also been a time delay due to obtaining key individuals. 11 Ilex Urban Regeneration Company MH advised that the Ilex Board meets once a month and he is concerned that a response to the report would be required within a short timeframe and Board would like the opportunity to respond. PF added that a realistic timeframe would be required to respond. CMK said it is important that there is an understanding of the Audit Committee process and would prefer that Department representatives attending the meeting discussed information as opposed to presenting documents. SB said that OFMDFM attends the Audit Committee to observe. She added that the Department Representative has an open discussion on views to allow for resolution. CMK expressed concern in relation to the interpretation of risk. MH added that the Audit Committee has agreed to review the interpretation of targets and agreed a process for going forward. CMK said that it is important that the Department and Ilex are on the same page. SB added that she goes through the Assurance Reports in detail. SB referred to the Assurance Report and outlined the red/green/amber status of targets. SB advised that she would be content to attend the next Audit Committee as an observer. CMK agreed that this would be useful. HJ outlined the Programme for Government targets. CMK said that clarity and agreement is required between the Department and Ilex on the targets. SB asked if the Board was concerned regarding the approach taken to agreeing Heads of Term. MH advised that Ilex goes through a detailed Expression of Interest and if a project is viable confirmation is sought for Heads of Term which outline what we seek to do and what we seek the prospective clients do. MH explained Heads of Term and said it gives comfort to businesses that they are not committed and a project is subject to contract. SB asked what Ilex’s plans are for events and if Ilex intend to generate cash from events. MH advised that a Charging Policy is in development. 12 Ilex Urban Regeneration Company He added that there has been no charge for events over the last three years however we have to be mindful that many events on Ebrington are charitable. MH added that Ilex needs to recover some costs and the intention is to raise a level of receipts. MH added that Ilex had to reduce the support afforded to events due to efficiencies. MH added that we must be mindful of what we charge however the intention is to charge for events, office space and retain receipts. CC said that due to the staffing structure there is pressure on facilities to ensure that we market the site to the best of our best ability. CC added that if we can retain receipts other things can be progressed. OFMDFM to consider retention of receipts and to check options with OFMDFM Finance Dept. ACTION OFMDFM CC added that there is a renewed energy for events with the new Council and he has met with Council to discuss events. SB asked when Ilex will be moving to Building 83. CC advised that there is currently a resource issue with CPD. MH advised that it will be beneficial when Ilex is on site to free up monies paid on rent. SB said she could engage with CPD on the matter. MH asked if CPD could ensure that Building 83 is given priority. 14. Items for information: Noted as read. 15. AOB 16. Date of next meeting: 28th May 2015 13