MAIDSTONE BOROUGH COUNCIL
RECORD OF DECISION OF THE Cobtree Manor Estate Charity Committee
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Decision Made: |
13 November 2013 |
COBTREE MANOR PARK VISITOR CENTRE AND CAFE
Issue for Decision
To consider the arrangements for the implementation of the Visitor Centre and Café phase of the Master Plan for the enhancement of Cobtree Manor Park.
Decision Made
1. That the final designs for the Visitor Centre and Café be developed in line with the concept design previously endorsed, as set out in Appendix A to the report of the Cobtree Officer, which fully supports the delivery of the Charity’s objects;
2. That the base option design set out in Appendix B to the report of the Cobtree Officer which sets out in further detail the previously approved concept design (Appendix A) be approved;
3. That the contract for the construction of the Visitor Centre and Café be put out to tender abiding by Maidstone Borough Council’s procurement rules and that following evaluation by the Officers the recommended tender be reported to the Committee for acceptance;
4. That the offer of £300,000 from the Cobtree Charity Trust Ltd. towards the cost of the Visitor Centre and Café be accepted with thanks and that the Head of Legal Services be given delegated authority to enter into an agreement with the Cobtree Charity Trust Ltd. to this effect;
5. That agreement be given to the Cobtree Charity Trust Ltd. having full publicity rights over a plaque or interpretation area within the new Visitor Centre and Café to tell visitors how Cobtree Manor Park has been made available for the benefit and use of the general public by the founder, Sir Garrard Tyrwhitt-Drake;
6. That the Officers be authorised to investigate options for the future management and operation of the Visitor Centre and Café that will deliver the Charity’s objects and to report their recommended option back to the Committee;
7. That the Officers be authorised to seek approval from the Charity Commission as to the variation of the terms for the way in which the finances for the construction of the Visitor Centre and Café are arranged, as previously agreed by the Charity Commission, if considered necessary; and
8. That the renewed spirit of co-operation between the Charity known as the Cobtree Manor Estate and the Cobtree Charity Trust Ltd. be welcomed and recorded.
Reasons for Decision
The Cobtree Charity Trust Ltd. has generously offered to fund £300k which will enable the Visitor Centre and Café concept design previously endorsed by the Committee to be implemented. Following a quantity survey of the concept design plans the cost has risen beyond that initially budgeted, from £350,000 (£315,000 plus £35,000 contingency) to £439,796. A lower price option of £358,842 has been investigated, but this does not deliver the iconic building originally envisaged.
The original concept design for the Visitor Centre and Café approved by the Committee provides a space which links closely with the outdoors, gives a larger area of seating, provides storage for park equipment (enabling the current container to be removed), gives a separate baby change (something which has been requested by park users) and more floor space enabling a larger seating area. This base option design is set out in Appendix B to the report of the Cobtree Officer. This option also provides a larger area to be used as a separate space which could potentially be rented out to provide income to cover the maintenance costs of the building. Given the large increase in visitor numbers to the Park it is proposed that as large a building as can be afforded should be built to cope with the day to day needs during peak periods.
The lower price option loses a number of the features originally considered important for the concept design: there are fewer windows, decreasing the view across the Park from the proposed café; the roof design has been dramatically altered losing many of the roof lights thereby reducing natural light inside; the sliding doors have been reduced altering the flow of the building between indoors and outdoors; and the quality of the finish and installation has been reduced and the floor space is smaller. This lower price option, shown as Appendix C to the report, would therefore be very different to that originally approved by the Committee.
The higher cost of the building than originally planned is a result of the projected build time being longer than anticipated. The Visitor Centre and Café will be project managed and a discussion is underway with the project manager already appointed for the first two phases. Officers have been advised that with successful project management it should be possible to reduce the build time and therefore the cost. Officers will also look to value engineer the project (identify and remove unnecessary expenditure) to bring the overall cost down.
The generous donation from the Cobtree Charity Trust Ltd. will enable the construction of the concept design approved by the Committee, shown as Appendix A to the report and in further detail as base option Appendix B, to be implemented, without having to reduce the size or quality of the building.
The additional funding required over and above the donation from the Cobtree Charity Trust Ltd. will come from the funds already allocated to phase three of the Cobtree Master Plan project.
Funds remaining after the final cost of the building has been budgeted for will be returned to the endowment and a report on the reallocation of the funds resulting from the donation from the Cobtree Charity Trust Ltd. will be brought back to the Committee. The success of the project has meant that some items originally included in the initial Master Plan have had to be dropped to enable items such as increased car parking capacity to be included in phase two of the project. These original features can only be included if additional project funding is found.
The donation could enable additional funds to be released for the remainder of the project, allowing further improvements to the car parking and other items from the original project plan to be included following the completion of the Visitor Centre and Café. It could also be used for improvements to the Museum of Kent Life and the Golf Course, subject to the approval of the Charity Commission.
It is proposed that an agreement be drawn up with the Cobtree Charity Trust Ltd. regarding the donation in order to give the Trust assurance over the usage of the money and its request for the generosity of the founder to be publicised to be ensured.
It is the generosity of Sir Garrard Tyrwhitt-Drake that has endowed both the Cobtree Charity Trust Ltd. and the Charity known as the Cobtree Manor Estate with the resources to be used for the benefit of the people of Maidstone. It is fitting therefore that the Cobtree Trust Ltd. has asked that this be recognised in the Visitor Centre and Café in some way. Given the generosity of their donation it is reasonable that they should be granted full publicity rights for this particular project.
It is proposed that detailed designs are drawn up from the concept design already approved by the Committee, as set out in Appendix A to the report, to enable the construction of the Visitor Centre and Café (subject to planning permission being granted) to proceed and to ensure the designs support delivery of the Charity’s objectives.
Using the Maidstone Borough Council procurement process for the construction of the Visitor Centre and Café will ensure that the appointment of the contractor is robust.
Once planning permission is granted and the budget has been finalised it will be important to get phase three of the project moving swiftly if possible. A further report will be brought to the Committee to outline the recommendations arising from the conclusion of the procurement process. Ideally Officers would like construction to be completed by the school summer holidays next year, which is the busiest time in the Park. If this is not possible the overall impact of the build may need to be considered and it is possible it will need to be delayed until the autumn.
The Visitor Centre and Café is a new building which will require a new way of running compared to the existing café, the lease of which expires in May 2014. It is proposed that Officers investigate now all the available options in order to ensure it operates efficiently and provides the best facility possible and that a recommended option is then brought to the Committee for approval. Overall income generation from the Café will be considered as part of this future report as the facility has the potential to be self funding in terms of running costs and could potentially generate income for the Charity. The new method of operation may result in the need to undertake a procurement process. The length of the tender process and the need to have the successful operator ready to operate the facility by the time the building is completed means it is important this is considered early on in the process.
Alternatives Considered and Why Rejected
The alternative course of action is not to accept the offer of £300,000 from the Cobtree Charity Trust Ltd. This is not considered appropriate as it would mean the concept design previously approved by the Committee cannot be afforded and a low budget option would need to be investigated instead.
Additional external funding will enable some of the funds originally directed towards the Visitor Centre and Café to be redirected to improve other parts of the project. Rejecting the offer of additional funding will mean that these additional items cannot be afforded.
Not permitting final designs to be worked up, and the tender exercise for the building contract to commence, will result in a delay to the building of the new Visitor Centre and Café. This building is needed urgently as the current facility struggles to cope with the number of visitors now using the Park and the facilities are of such poor quality that it is now the main source of any complaints regarding the Park that are received.
The lower cost option could be chosen, but this would result in a smaller facility which would not meet the original requirements and which would result in the need for a storage container to remain onsite for equipment.
Background Papers
None.
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Should you be concerned about this decision and wish to call it in, please submit a call in form signed by any two Non-Executive Members to the Head of Policy and Communications by: 22 November 2013. |
MAIDSTONE BOROUGH COUNCIL
RECORD OF DECISION OF THE Cobtree Manor Estate Charity Committee
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Decision Made: |
13 November 2013 |
CAR PARKING AT COBTREE MANOR PARK
Issue for Decision
To consider the need to:
- Introduce car parking charges at Cobtree Manor Park;
- Install a signal controlled pedestrian crossing on Forstal Road in conjunction with a package of traffic calming and parking restrictions to encourage alternative more sustainable means of travel to the Park and in the interests of pedestrian and highway safety; and
- Investigate the potential for an additional overflow car park for occasional use at peak periods when the main car park is full.
Decision Made
1. That consideration of the introduction of car parking charges at Cobtree Manor Park be deferred until the new Visitor Centre and Cafe has been built.
2. That approval be sought from Kent County Council Highways and Transportation to install a signal controlled pedestrian crossing on Forstal Road at an estimated cost of £60,000 in conjunction with a package of traffic calming and parking restrictions in order to encourage alternative more sustainable means of travel to the Park, and in the interests of pedestrian and highway safety, and that funding in the first instance be sought from the County Member’s Highway Fund with additional funding sourced from the improvement project, possibly from funds released from the Visitor Centre and Cafe phase as a result of the donation made by the Cobtree Charity Trust Ltd.
3. That the Officers be requested to investigate the potential for an additional overflow car park on the old hardstand off Forstal Road, and that recommendations resulting from this research be brought back to the Committee in due course.
Reasons for Decision
The improvements at Cobtree Manor Park have been highly successful and led to a massive increase in visitor numbers from an estimate of 40,000 visitors per year prior to their implementation to a projected annual figure of 333,000 visitors per year. On the busiest day in July, 845 cars were recorded. Car park capacity in the available space has been maximised with 150 spaces in the main car park and approximately 40 in the overflow. However, this has been insufficient given the new popularity of the Park.
It could be argued that the introduction of car parking charges would help reduce pressure on the car park at busy times and encourage alternative more sustainable means of travel to the Park. However, it is considered that the introduction of car parking charges would be premature prior to the construction of the new Visitor Centre and Cafe, and could have a detrimental impact on the success of the improvements to date and the increase in visitor numbers.
A safe road crossing with associated traffic calming and parking restrictions will assist in encouraging visitors to come to the Park by alternative means. There is already a bus stop directly outside the Park and a footpath linking to the river which goes directly into the centre of Maidstone. A safe road crossing will enable more sustainable transport to the Park to be encouraged.
It is important to prevent cars from parking on the road outside the Park for safety reasons as this is a busy and potentially dangerous stretch used by lorries travelling to the nearby industrial estate. This has been a problem in periods of peak use and is a safety concern. Making the Park safer to access on foot or by public transport will help to encourage alternatives to the car.
Since demand for car parking exceeds supply at peak periods, it is proposed that the potential to use the old hardstand off Forstal Road as an additional overflow car park be investigated. It is estimated the area could provide an additional 40 spaces.
Alternatives Considered and Why Rejected
The alternative course of action would be to proceed with the introduction of car parking charges. However this is not considered appropriate as it could have a detrimental impact on the success of the improvements to date and the significant upturn in visitor numbers.
Background Papers
None.
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Should you be concerned about this decision and wish to call it in, please submit a call in form signed by any two Non-Executive Members to the Head of Policy and Communications by: 22 November 2013. |
MAIDSTONE BOROUGH COUNCIL
RECORD OF DECISION OF THE Cobtree Manor Estate Charity Committee
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Decision Made: |
13 November 2013 |
COBTREE MANOR PARK GOLF COURSE - ONE YEAR CONTRACT EXTENSION
Issue for Decision
To consider:
· Entering into a one year extension to the current contract between the Council acting as Corporate Trustee of the Charity known as the Cobtree Manor Estate and the operator of Cobtree Manor Park Golf Course; and
· Giving the Officers authority to investigate the options around entering into considerably longer term future arrangements in respect of the operation of the Golf Course and to report back to the Committee with recommendations.
Decision Made
1. That agreement be given to a one year extension to the current contract relating to the operation of Cobtree Manor Park Golf Course on the current terms which apply other than as detailed in the Exempt Appendix to the report of the Cobtree Officer, for the reasons set out in the report;
2. That the Head of Legal Services be given delegated authority to agree a supplemental agreement with the current operator in relation to this extension; and
3. That the Officers be given authority to investigate the options for future arrangements being considerably longer term in respect of Cobtree Manor Park Golf Course and to report back to the Committee with recommendations.
Reasons for Decision
The current contract to operate Cobtree Manor Park Golf Course was awarded to Mytime Active (“Mytime”) following a comprehensive tender process in 2009. This 5 year contract expires on 8 January 2014. (“the contract”).
The contract stipulated an initial period of 5 years with a possible 5 year extension on the same terms. Mytime had implied from the start of the contract that it had intended to take the 5 year extension until early this year when it asked to renegotiate as it did not consider the current terms to be commercially viable any longer.
Following a number of meetings and negotiations with Mytime it became apparent in early September this year that a longer term agreement for the further 5 year period that was acceptable to Mytime was not going to be achievable.
Due to the lateness of this final decision in September 2013 by Mytime, and following discussions with both the Council's Procurement and Legal Sections, the Officers were faced with three options. These being:
Option 1
To close the Golf Course on 8 January 2014 and retender the contract to operate the Golf Course. This would take a minimum of 6 months plus at least another 2 months for a new operator to mobilise. In this time the Golf Course would be closed, not be maintained, not be delivering any revenue return to the Charity, and indeed be incurring costs for the basic maintenance to the Clubhouse and the Course (for example security and health and safety).
Option 2
For the Council to take the operation of the Golf Course back in house for at least 8 months to allow re-tendering to take place. This would not only involve acquiring golf course maintenance and catering plant and machinery, it would also be necessary for staff currently working at the Golf Course to be TUPE’d to the Council for 8 months and then again be transferred to another operator following the tender process. This process would be disruptive to customers, expensive, time consuming and very unsettling for staff.
Option 3
To come to an agreement with the existing operator for it to continue to run
the Course for a further year, which will give the Officers the time to carry
out the tender process.
Option 3 as the preferred option was discussed with Mytime, who confirmed that they would be prepared to run the Golf Course for an additional year. However, they would not be prepared to do this at a financial loss to Mytime (which is itself a company limited by guarantee and a registered charity).
A summary of the financial performance of Cobtree Manor Park Golf Course for the first three years of the contract and estimates of performance this year and next are shown in the Exempt Appendix (Item 2) to the report of the Cobtree Officer.
Mytime produced its audited accounts which were scrutinised by the Charity’s accountant and verified as accurate. These audited accounts show a decreasing income which has led Officers to recommend that accepting a reduced contract sum as shown in the Exempt Appendix (Item 1) for one year is the best of the three options.
The contract with Mytime has a profit share arrangement, as set out in the Exempt Appendix (Item 3). This arrangement will remain in the contract and will ensure that if the Golf Course has a far better than expected year in 2014 then the Charity will share in this additional income.
All evidence seen by the Officers suggests that the golf market has changed considerably in the last 5 years, and that it is likely that if a similar tender process to that carried out in 2009 were to be carried out now, then it is likely that future contract sums paid to the Charity will be considerably reduced.
For this reason it is proposed that the Officers investigate looking for future arrangements to be considerably longer term. This will allow parties interested in operating Cobtree Manor Park Golf Course time to see a return on any capital investments they make and indeed consider complementary and alternative uses to sit alongside the Golf Course, such as hotels, wedding functions and the like. This should result in more ambitious proposals being received, leading to better returns for the Charity.
Alternatives Considered and Why Rejected
The Committee could have chosen to go with options 1 or 2, but these are not considered to be in the best interests of the Charity, the staff or the users and members of the Golf Course.
Background Papers
None.
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Should you be concerned about this decision and wish to call it in, please submit a call in form signed by any two Non-Executive Members to the Head of Policy and Communications by: 22 November 2013. |