Date of Meeting: Wednesday 6 th March 2013. Author:



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Page 1 of 11 Newquay Town Council Town Clerk & RFO s Report Date of this Report: Wednesday 6 th March 2013 Committee: Full Council Date of Meeting: Wednesday 6 th March 2013 Topic / Agenda Item: 17 Public Conveniences Recommendation Author: Mr Andrew Curtis - Town Clerk & RFO Background This is a report by the Town Clerk and Responsible Financial Officer (RFO) of Newquay Town Council to Full Council on a particular subject for consideration. It may contain advice, an update on the current position (of an item event or project), budget implications, material facts or submission on an item and/or general information to help members make informed decisions (list not exhaustive). Topic Description Recommendations regarding the potential taking over of the Public Conveniences in Newquay, from Cornwall Council (CC), following a meeting of the working party. Arguments for Taking over the Public Conveniences Return of Newquay s assets to the Town Council Public Conveniences will start to be closed by Cornwall Council as of April 2013 with minimal control by Newquay Town Council Fits in with Newquay Town Council s policy of asset repatriation Better local control and say on how the toilets are run Potential revenue generators to offset some of the costs (cost of installation covered by Cornwall Council) Public Conveniences will be repaired and improved prior to transfer Freehold transfer and interest ownership to the Town Council Minimal TUPE requirements (compared to other towns) Provided with a grant to aid in the initial transfer ( 95,000) and this year we are to receive a government grant of 60,000 which can also be used to mitigate the initial costs These assets are of value to both residents and visitors to Newquay, if Cornwall Council starts closing and selling them off they will inevitably be sold according to which one is most financially valuable and not based on which assets are most needed to remain open.

Page 2 of 11 Arguments against taking over the Public Conveniences Significant cost to Newquay s ratepayers (double taxation after year 1) Lack of definitive figures these are all estimates No guarantees over future funding from Cornwall Council There will need to be a significant precept increase to cover the costs from 2014-15 No significant income streams are being transferred with these assets (only installing charging barriers) All running costs, including repairs due to vandalism will be the responsibility of Newquay Town Council It is unknown how much income will be generated from charging at this stage Potential capping may prevent future precept increases to cover the costs. Further Material Considerations Future ability to manage and take over other services from Cornwall Council unless income generators are also transferred Impact on insurance costs and overheads Method of cleaning direct employment or contractor TUPE requirements may impact any contractor we engage in a cleaning contract or our costs if direct employment is decided (minimal but will likely have an impact)

Page 3 of 11 Recommendation The following recommendations have been put forwards by the working party as suggestive options that can be discussed. Recommendation 1 That Newquay Town Council proceeds in taking over the following Public Conveniences from Cornwall Council on a Freehold Basis and that a consultation exercise will be carried out on the future of those toilets: Pentire (Lewinnick) Headland (Towan) Esplanade (South Fistral) East Street Fore Street Railway Station Narrowcliff Watergate Bay Trenance Gardens Porth Beach Road Toilets Further Impact Details This proposal is likely to result in a reduction in the grant to Newquay Town Council from 95,000 to 83,000 (subject to confirmation from Cornwall Council). Should these toilets be run as they are currently, the anticipated cost is estimated to be as followed: Estimated Cost 181,236 Minus CC Grant - 83,000 Anticipated Shortfall 98,236 The anticipated shortfall would have to be met from Newquay Town Council and would likely be partly subsidised by the Government Grant of 60,000. Further recommendations aim to reduce this shortfall further. It is also important to bear in mind the anticipated asset capital value. Cornwall Council estimates these to be between 220,000-260,000 not including East Street Toilets or Towan Headland (see appendix 5).

Page 4 of 11 Recommendation 2 That subject to Recommendation 1, Newquay Town Council reviews the way in which the following toilets operate and in the first year trial a flexible summer only opening as followed: Proposed Closures during the winter period Esplande Pentire Headland (Lewinnick) Narrow Cliff Watergate Bay Porth Further Impact Details This proposal is likely to result in a reduction in anticipated running costs. Based on a contractor agreeing, through a tender exercise to operate the cleaning schedule as outlined in Appendix 2 and in-line with the suggestive costs per clean already obtained, the anticipated costs are estimated as followed: Estimated Cost 155,565 Minus CC Grant - 83,000 Anticipated Shortfall 72,565 The anticipated shortfall would have to be met from Newquay Town Council and would likely be partly subsidised by the Government Grant of 60,000. This leaves an anticipated shortfall of 12,565.

Page 5 of 11 Recommendation 3 That subject to Recommendation 1 and 2, Newquay Town Council gives delegated authority to the Chair and Vice Chair of the Economic Development and General Purposes Committee (EDGP), Cllr Walker and the Town Clerk to investigate and decide on the way in which the cleaning is handled (through using a contractor or through direct employment). Further Impact Details This proposal will allow added time to research the costs and benefits of either employing staff (and providing a vehicle), or tendering for a contractor. Initial estimated comparative costs for year 1 are as followed: Contractor for Cleaning (see appendix 3): Estimated Cost 155,565 Minus CC Grant - 83,000 Anticipated Shortfall 72,565 Employing Staff for Cleaning (see appendix 4): Estimated Cost 147,638 Minus CC Grant - 83,000 Anticipated Shortfall 64,638 Anticipated difference in costs: 7927 saving There is one position which is subject to TUPE regulations. The position is worth 21 hours per week and is basically opening and closing the toilets. They are not a member of the Local Government Pension Scheme. The costs of this role have been included in the Employing staff estimate in Appendix 4, but it is important to note that any contractor tendering for the work may be required to employ this member of staff from Cornwall Council, through TUPE; or indeed the Town Council would need to TUPE and employ that member of staff in addition to any cleaning contract.

Page 6 of 11 Recommendation 4 That subject to Recommendations 1, 2 and 3, Newquay Town Council gives delegated authority to the Economic Development and General Purposes Committee (EDGP) and the Town Clerk to negotiate Cornwall Council installing charging barriers in all (or if not, most) of the public conveniences. Further Impact Details This proposal would mean a potential revenue stream which could offset some of the costs of running the public conveniences. There are certain aspects to consider such as security of collection by staff/contractors, vandalism and security. Insurance costs may be slightly more and the running costs might increase to allow for added electricity costs. These are all unknowns at the moment, but needless to say, any way in which the toilets could be partly subsidised is viewed positively by the Working Party and as Cornwall Council have stated they would install such measures to their cost, this is considered quite advantageous. Additional Recommendation (A) (Added to this report in the Full Council Meeting) Recommendation 5 That delegated authority is given to the Town Clerk and the Working Party to handle the transfer of the toilets in-line with Recommendation 1 and to handle any repairs and restorations. Additional Recommendation (A) (Added to this report in the Full Council Meeting) Recommendation 6 That the Clerk is given the authority to sign the Tenancy at Will subject to removing the Chester Road and Harbour Toilets from the agreement.

Page 7 of 11 Appendix 1 Original Costs Estimates from Cornwall Council Business Other Cleaning TOTAL Water Rates Electricity costs Cesspool Costs COSTS Grant NEWQUAY Pentire (Lewinnick) 567.28 0.00 227.55 1,668.00 0.00 5,334.13 7,796.96 0.00 Headland (Towan) 1,500.00 0.00 384.01 2,194.00 0.00 5,334.13 9,412.14 6,745.08 Esplanade (South Fistral) 2,219.25 0.00 59.60 1,705.00 0.00 5,665.29 9,649.14 6,708.50 Chester Road 977.40 558.10 59.38 1,308.00 0.00 7,484.87 10,387.75 0.00 East Street 5,057.62 1,495.99 688.89 3,219.00 0.00 12,697.93 23,159.43 0.00 Fore Street 8,604.40 0.00 5,738.65 3,280.00 0.00 12,697.93 30,320.98 23,972.02 Beach Road 2,842.53 2,359.00 174.87 3,541.00 0.00 11,084.87 20,002.27 0.00 Railway Station 3,522.92 2,635.69 2,911.40 3,337.00 0.00 11,084.87 23,491.88 0.00 Narrowcliff 1,558.51 0.00 315.57 1,547.00 0.00 7,484.87 10,905.95 7,163.52 Harbour 5,812.81 887.39 179.65 1,901.00 0.00 9,806.54 18,587.39 13,684.12 Watergate Bay 8,100.35 0.00 1,537.47 2,818.00 0.00 7,484.87 19,940.69 16,234.26 Trenance Gardens 2,163.50 0.00 1,939.97 2,164.00 0.00 7,484.87 13,752.34 10,009.91 Porth 3,186.36 1,229.66 220.26 2,135.00 0.00 10,753.72 17,525.00 12,148.14 46,112.93 9,165.83 14,437.27 30,817.00 0.00 114,398.89 214,931.92 96,665.55* *This has now been reduced in total by Cornwall Council to 95,000

Page 8 of 11 Appendix 2 Daily Cleaning Schedule Details Current Cleaning Schedule Number of Cleans per day Summer Winter Railway Station 3 3 Fore Street 3 3 Trenance 2 2 Towan Headland 2 closed Esplande 2 closed Pentire Headland (Lewinnick) 2 closed East Street 3 3 Narrow Cliff 3 3 Watergate Bay 3 3 Porth 3 3 Totals Cleans 26 20 Proposed Cleaning Schedule Number of Cleans per day Summer Winter Railway Station 3 3 Fore Street 3 3 Trenance 2 2 Towan Headland 2 closed Esplande 2 closed Pentire Headland (Lewinnick) 2 closed East Street 3 3 Narrow Cliff 3 closed Watergate Bay 3 closed Porth 3 closed Totals Cleans 26 11

Page 9 of 11 Appendix 3 Estimated Running Costs using a contractor Business Other TOTAL Water Rates Electricity costs Cesspool Cleaning COSTS Grant NEWQUAY Pentire (Lewinnick) 354.55 0.00 142.22 1,668.00 0.00 4,128.66 6,293.42 0.00 Headland (Towan) 1,500.00 0.00 384.01 2,194.00 0.00 4,128.66 8,206.67 6,745.08 Esplanade (South Fistral) 1,387.03 0.00 37.25 1,705.00 0.00 4,128.66 7,257.94 6,708.50 East Street 5,057.62 1,495.99 688.89 3,219.00 0.00 12,385.97 22,847.47 0.00 Fore Street 8,604.40 0.00 5,738.65 3,280.00 0.00 12,385.97 30,009.02 23,972.02 Railway Station 3,522.92 2,635.69 2,911.40 3,337.00 0.00 12,385.97 24,792.98 0.00 Narrowcliff 974.07 0.00 197.23 1,547.00 0.00 6,192.98 8,911.28 7,163.52 Watergate Bay 5,062.72 0.00 960.92 2,818.00 0.00 6,192.98 15,034.62 16,234.26 Trenance Gardens 2,163.50 0.00 1,939.97 2,164.00 0.00 8,257.31 14,524.78 10,009.91 Porth 1,991.48 1,229.66 137.66 2,135.00 0.00 6,192.98 11,686.78 12,148.14 30,618.28 5,361.34 13,138.20 24,067.00 0.00 76,380.13 155,564.96* 82,981.43** *Total costs also include anticipated Tender and Insurance Costs (both estimates). **The grant numbers are subject to change and are no-longer broken down as outlined above. This has been used as a reasonable suggestive amount for budgetary control purposes.

Page 10 of 11 Appendix 4 Estimated Running Costs using direct employment Business Other TOTAL Water Rates Electricity costs Cesspool COSTS Grant NEWQUAY Pentire (Lewinnick) 354.55 0.00 142.22 1,668.00 0.00 2,164.77 0.00 Headland (Towan) 1,500.00 0.00 384.01 2,194.00 0.00 4,078.01 6,745.08 Esplanade (South Fistral) 1,387.03 0.00 37.25 1,705.00 0.00 3,129.28 6,708.50 East Street 5,057.62 1,495.99 688.89 3,219.00 0.00 10,461.50 0.00 Fore Street 8,604.40 0.00 5,738.65 3,280.00 0.00 17,623.05 23,972.02 Railway Station 3,522.92 2,635.69 2,911.40 3,337.00 0.00 12,407.01 0.00 Narrowcliff 974.07 0.00 197.23 1,547.00 0.00 2,718.30 7,163.52 Watergate Bay 5,062.72 0.00 960.92 2,818.00 0.00 8,841.64 16,234.26 Trenance Gardens 2,163.50 0.00 1,939.97 2,164.00 0.00 6,267.47 10,009.91 Porth 1,991.48 1,229.66 137.66 2,135.00 0.00 5,493.80 12,148.14 30,618.28 5,361.34 13,138.20 24,067.00 0.00 147,637.51* 82,981.43 Cost Estimations Staff Costs (various positions) 36952.68 Vehicle 8500 Materials 20000 Insurance 1500 Petrol 3500 70452.68 *Total costs also include anticipated Insurance Costs (estimate). The Cost Estimates in relation to the staff costs have been combined as this is confidential information appertaining to the TUPE transfer. The committee will have a better breakdown to aid in their decision making process.

Page 11 of 11 Appendix 5 Cornwall Council s Estimated Capital Values Cornwall Council Anticipated Toilet Interest Capital Value Min Capital Value Max East Street Freehold unknown unknown Railway Station Freehold 40000 40000 Esplanade Road Freehold 30000 40000 Fore Street Freehold 30000 40000 Towan Headland Unknown unknown unknown Lewennick Freehold 30000 30000 Narrowcliff Freehold 30000 40000 Porth Beach Freehold 30000 40000 Trenance Gardens Freehold 30000 30000 220000 260000