Councillor Connelly submits a report.
Minutes:
Councillor Willmott declared a non prejudicial interest in the report as a member of the East Midlands Development Agency.
Councillor Connelly submitted a report asking Cabinet to give guidance and refer to full Council the decision on whether to proceed with the Performing Arts Centre (PAC) Project because the costs exceeded the sum estimated at the time delegated authority was given.
RESOLVED:
(1) That Council be recommended to proceed with the Performing Arts Centre,
(2) that Cabinet request Council to increase the Capital Programme provision for the scheme as detailed in paragraph 3.2a) of the report,
(3) that the consequential impact of the scheme on the Council’s revenue budget, be noted and that Cabinet ask Council to agree that appropriate provision is made as a first call on the Council’s budget for 2005/06 to 2007/08, a first call on the Council’s Capital Programme for 2005/06 to 2007/08, or a combination of the two,
(4) that authority be delegated to the Corporate Director of Regeneration and Culture, in consultation with the Cabinet Member for Leisure and the Leader, to issue instruction to the contractor to start on site, subject to:
i) the overall estimated cost of the scheme at that time being affordable within the capital programme provision as detailed in the report
ii) Funding from the Arts Council England, ERDF, EMDA and LSEP as annotated with an asterisk in paragraph 6.6 of the report being secured unconditionally and irrevocably (subject only as to reasonable funder conditions relating to performance, outputs, draw down reporting and the like)
iii) All property interests and consents necessary to the construction phase being secured or materially risk free to the satisfaction of the Town Clerk
(5) that Cabinet request that the Council, in accordance with rule2 (10) of part 4C of the constitution, determines the extent of virement and in-year changes to the policy framework which may be made by Cabinet, insofar as such changes arise from this project; and recommend the extent of such discretion afforded to Cabinet shall amount to that detailed in paragraph 3.2d of the report
(6) that authority be delegated to the Head of Legal Services to agree adjustments to the contract as required to give effect to the recommendations of this report and the Cabinet decision of the 11 January 2005,
(7) that authority be delegated to the Corporate Director of Resources, Access and Diversity in consultation with the Corporate Director of Regeneration and Culture, the Leader and the Chair and Party Spokespersons of the Strategic Planning and Regeneration Scrutiny Committee, to agree final terms for the lease-hold disposal of the PAC on the basis of a one to one disposal at less than best consideration, including any variation, amendment or addition to the terms currently reported,
(8) that the Head of Legal Services be authorised to enter into all necessary contracts and agreements arising out of the Lease hold disposal, and
(9) to ask Council to note the Cabinet decision of 11 January 2005 to set up an advisory committee consisting of the Chair of the Strategic Planning and Regeneration Scrutiny Committee, the Labour and Liberal Democrat spokespersons of the Leisure and Environment Scrutiny Committees, the Chair of Phoenix Arts and the Chair of the Haymarket Trust to assist the Leader and the Cabinet Lead Member for Leisure