Agenda, decisions and minutes

Apologies for absence were submitted on behalf of Councillor Hazel Malcolm.

Councillor Sandra Samuels OBE declared a non-pecuniary interest in item 5 (Revenue Budget Monitoring 2018-2019), in so far as she is a Director of Heritage Sector.

Ged Lucas, Strategic Director for Place and Bill Hague, Head of School Organisation both declared a non-pecuniary interest in item 13 (Review of Council Share Holdings) in so far as they are Directors in the two companies referred to in the report in which the Council holds shares.

[To approve the minutes of the previous meeting as a correct record]

Resolved:

That the minutes of the previous meeting held on 5 February 2019 be approved as a correct record and signed by the Chair.

[To consider any matters arising from the minutes.]

There were no matters arising from the minutes of the previous meeting.

[To approve matters relating to the 2018-2019 revenue budget as at the end of the third quarter]

1.     That the use of £190,000 from the Highway Management Reserve to fund various works and schemes as detailed at paragraph 8.5 of the report be approved.

2.     That the use of £287,000 from the Efficiency Reserve to fund the Delivering Independent Travel programme support resource which would enable the successful delivery of the project and enhanced budget reductions as detailed at paragraph 8.6 of the report be approved.

3.     That the setting up of supplement expenditure budgets as a result of receipt of grant totalling £210,000 over the period of 2018-2019 to 2019-2020 to support preparations for Brexit be approved and authority be delegated to the Director of Public Health to allocate expenditure including contributions to the West Midlands Combined Authority to support regional work.

4.     That the setting up of supplementary expenditure budgets as a result of receipt of Adult Social Care – Winter Pressures grant totalling £1.4 million for 2018-2019 be approved and authority be delegated to the Director of Adult Services to allocate the grant.

5.     That the setting up of supplementary expenditure budgets as a result of receipt of NHS Digital Innovation Grant totalling £32,000 for 2018-2019 be approved and authority be delegated to the Director of Adults Services to allocate the grant.

6.     That 17 virements totalling £4.3 million, for transfers within directorates, as detailed in Appendix 7 to the report be approved.

7.     That the write off of one Non-Domestic Rates (NDR) debts totalling £5,516.73 as detailed in Appendix 8 to the report be approved.

8.     That the write off of four sundry debts totalling £34,709.40 as detailed in Appendix 9 to the report be approved.

9.     That it be noted that the overall projected outturn for the General Fund for 2018-2019 is forecast to be an underspend in the region of £95,000. 

10.  That it be noted that it is important to note that redundancy costs, including the cost of pension strain, are forecast to be in the region of £3 to £4 million for 2018-2019. It is anticipated that the use of reserves, would offset the cost of redundancies.

11.  That it be noted that 461 council tax accounts totalling £211,564.47, as detailed in paragraph 11.5 of the report, have been approved for write off by the Director of Finance in accordance with the Council’s Financial Procedure Rules.

12.  That it be noted that 22 Non-Domestic Rates (NDR) debts totalling £73,121.55, as detailed in paragraph 11.6 of the report, have been approved for write off by the Director of Finance in accordance with the Council’s Financial Procedure Rules.

13.  That it be noted that 55 sundry debt accounts totalling £109,548.66, as detailed in paragraph 11.3 of the report, have been approved for write off by the Director of Finance in accordance with the Council’s Financial Procedure Rules.

14.  That it be noted that housing benefit overpayments totalling £10,082.01, as detailed in paragraph 11.10 of the report, have been approved for write off by the Director of Finance in accordance with  ...  view the full decision text for item 5.

Councillor Louise Miles presented the monitoring report that provided a projection of the likely revenue outturn position for the General Fund and Housing Revenue Accounts, compared with the Council’s approved revenue budgets for 2018-2019. Approval was requested to allocations from the Highway Management Reserve and the Efficiency Reserve; the setting up of supplement expenditure budgets; internal virements; and the write off of debts where all feasible recovery action had been exhausted.

Councillor Louise Miles also asked the Panel to note the projected outturn for the General Fund for 2018-2019. She commended employees within the Finance Team for their work in reducing what was projected to be an overspend for the General Fund to a now forecast underspend of £95,000.

Resolved:

1.    That the use of £190,000 from the Highway Management Reserve to fund various works and schemes as detailed at paragraph 8.5 of the report be approved.

2.    That the use of £287,000 from the Efficiency Reserve to fund the Delivering Independent Travel programme support resource which would enable the successful delivery of the project and enhanced budget reductions as detailed at paragraph 8.6 of the report be approved.

3.    That the setting up of supplement expenditure budgets as a result of receipt of grant totalling £210,000 over the period of 2018-2019 to 2019-2020 to support preparations for Brexit be approved and authority be delegated to the Director of Public Health to allocate expenditure including contributions to the West Midlands Combined Authority to support regional work.

4.    That the setting up of supplementary expenditure budgets as a result of receipt of Adult Social Care – Winter Pressures grant totalling £1.4 million for 2018-2019 be approved and authority be delegated to the Director of Adult Services to allocate the grant.

5.    That the setting up of supplementary expenditure budgets as a result of receipt of NHS Digital Innovation Grant totalling £32,000 for 2018-2019 be approved and authority be delegated to the Director of Adults Services to allocate the grant.

6.    That 17 virements totalling £4.3 million, for transfers within directorates, as detailed in Appendix 7 to the report be approved.

7.    That the write off of one Non-Domestic Rates (NDR) debts totalling £5,516.73 as detailed in Appendix 8 to the report be approved.

8.    That the write off of four sundry debts totalling £34,709.40 as detailed in Appendix 9 to the report be approved.

9.    That it be noted that the overall projected outturn for the General Fund for 2018-2019 is forecast to be an underspend in the region of £95,000. 

10.That it be noted that it is important to note that redundancy costs, including the cost of pension strain, are forecast to be in the region of £3 to £4 million for 2018-2019. It is anticipated that the use of reserves, would offset the cost of redundancies.

11. That it be noted that 461 council tax accounts totalling £211,564.47, as detailed in paragraph 11.5 of the report, have been approved for write off by the Director of Finance  ...  view the full minutes text for item 5.

[To provide an update on treasury management activity in the third quarter of 2018-2019]

1.     That the use of the Treasury Management Equalisation Reserve up to the value of £2.0 million in 2018-2019 in the event that an overspend against the General Revenue Account budget is realised be approved.

2.     That it be noted that the Council is continuing to operate within the Prudential and Treasury Management Indicators approved by Council, and also within the requirements set out in the Council’s approved Treasury Management Policy Statement for 2018-2019.

3.     That it be noted that a revenue net overspend of £2.0 million for the General Revenue Account and an underspend of £171,000 for the Housing Revenue Account (HRA) are forecast from treasury management activities in 2018-2019.

4.     That it be noted that the Prudential and Treasury Management Indicators included in the report are the same figures as those seen by Cabinet on 20 February 2019 and would be submitted for approval by Council on 6 March 2019.

Councillor Louise Miles presented the quarter three monitoring and progress report on treasury management activity that highlighted revised Prudential Indicators which would be subject to approval by Council on 6 March 2019.

Resolved:

1.    That the use of the Treasury Management Equalisation Reserve up to the value of £2.0 million in 2018-2019 in the event that an overspend against the General Revenue Account budget is realised be approved.

2.    That it be noted that the Council is continuing to operate within the Prudential and Treasury Management Indicators approved by Council, and also within the requirements set out in the Council’s approved Treasury Management Policy Statement for 2018-2019.

3.    That it be noted that a revenue net overspend of £2.0 million for the General Revenue Account and an underspend of £171,000 for the Housing Revenue Account (HRA) are forecast from treasury management activities in 2018-2019.

4.    That it be noted that the Prudential and Treasury Management Indicators included in the report are the same figures as those seen by Cabinet on 20 February 2019 and would be submitted for approval by Council on 6 March 2019.

[To approve the delegation of the Police Grant Community Fund allocation to Safer Wolverhampton Partnership to aid the delivery of agreed citywide crime and community safety objectives]

That the delegation of the Police Grant Community Fund 2019-2020 allocation from the Police and Crime Commissioner (PCC) to Safer Wolverhampton Partnership (SWP) for the purposes of delivering against the city’s Community Safety and Harm Reduction Strategy 2017-2020 be approved.

Councillor Roger Lawrence presented the report that sought approval to the delegation of the Police Grant Community Fund allocation 2019-2020 from the Police and Crime Commissioner (PCC) to Safer Wolverhampton Partnership (SWP) in line with grant conditions, to aid delivery of agreed city-wide crime and community safety objectives.  

Resolved:

That the delegation of the Police Grant Community Fund 2019-2020 allocation from the Police and Crime Commissioner (PCC) to Safer Wolverhampton Partnership (SWP) for the purposes of delivering against the city’s Community Safety and Harm Reduction Strategy 2017-2020 be approved.

[To approve the acquisition of the property by agreement of compulsory purchase]

1.     That the Service Director of City Housing be authorised to negotiate terms for the acquisition of the property to negotiate terms for the acquisition of the property 46 Mount Pleasant, Bilston, WV14 7NE, and, in default of that acquisition, authority be approved for a compulsory purchase order (CPO) to be made under Part II Section 17 Housing Act 1985 in respect of the property.

2.     That expenditure for the potential acquisition of the property, with subsequent capital receipts being recycled within the Empty Property Strategy programme be approved.

3.     That in the event that the property is improved and re-occupied to the satisfaction of the Service Director of City Housing, the property be withdrawn from the CPO.

4.     That following any acquisition, the Service Director of City Housing be authorised to dispose of the property on the open market on condition that the property is refurbished and re-occupied with in six or 12 months (as appropriate to the scale of the works).

5.     That the Director of Governance be authorised to:

a.      Take all reasonable steps as soon as it is reasonably practical to secure the making, confirmation and implementation of the CPO including the publication and service of all Notices and the presentation of the Council’s case at any Public Inquiry.

b.      Approve agreements with the owners of the property setting out the terms for the withdrawal of objections to the CPO, and/or making arrangements for re-housing or relocation of any occupiers.

c.      Approve the making of a General Vesting Declaration (the property is brought into Council ownership via this process).

d.      Approve the disposal of the whole and/ or parts of the property by auction, tender or private treaty. 

Councillor Peter Bilson presented the report seeking approval to authorise the acquisition of privately owned property 46 Mount Pleasant, Bilston by agreement or through compulsory purchase.

The proposal would ensure that the property provides much needed housing by prompting the owner to either act voluntarily or via enforcement through a CPO to bring the property back into use; ensure that the property does not continue to be visually detrimental to the area and does not continue to attract anti-social behaviour/ fly tipping; and ensure that the property has a positive financial impact on the public purse through additional New Homes Bonus funding and removing the on-going expenditure arising from anti-social behaviour.

Resolved:

1.    That the Service Director of City Housing be authorised to negotiate terms for the acquisition of the property to negotiate terms for the acquisition of the property 46 Mount Pleasant, Bilston, WV14 7NE, and, in default of that acquisition, authority be approved for a compulsory purchase order (CPO) to be made under Part II Section 17 Housing Act 1985 in respect of the property.

2.    That expenditure for the potential acquisition of the property, with subsequent capital receipts being recycled within the Empty Property Strategy programme be approved.

3.    That in the event that the property is improved and re-occupied to the satisfaction of the Service Director of City Housing, the property be withdrawn from the CPO.

4.    That following any acquisition, the Service Director of City Housing be authorised to dispose of the property on the open market on condition that the property is refurbished and re-occupied with in six or 12 months (as appropriate to the scale of the works).

5.    That the Director of Governance be authorised to:

a.      Take all reasonable steps as soon as it is reasonably practical to secure the making, confirmation and implementation of the CPO including the publication and service of all Notices and the presentation of the Council’s case at any Public Inquiry.

b.      Approve agreements with the owners of the property setting out the terms for the withdrawal of objections to the CPO, and/or making arrangements for re-housing or relocation of any occupiers.

c.      Approve the making of a General Vesting Declaration (the property is brought into Council ownership via this process).

d.      Approve the disposal of the whole and/ or parts of the property by auction, tender or private treaty. 

[To approve the acquisition of the property by agreement of compulsory purchase]

1.     That the Service Director of City Housing be authorised to negotiate terms for the acquisition of the property 100 Kitchen Lane, Wolverhampton WV11 2JA, and, in default of that acquisition, authority be approved for a compulsory purchase order (CPO) to be made under Part II Section 17 Housing Act 1985 in respect of the property.

2.     That expenditure for the potential acquisition of the property, with subsequent capital receipts being recycled within the Empty Property Strategy programme be approved.

3.     That in the event that the property is improved and re-occupied to the satisfaction of the Service Director of City Housing, the property be withdrawn from the CPO.

4.     That following any acquisition, the Service Director of City Housing be authorised to dispose of the property on the open market on condition that the property is refurbished and re-occupied with in six or 12 months (as appropriate to the scale of the works).

5.     That the Director of Governance be authorised to:

a.      Take all reasonable steps as soon as it is reasonably practical to secure the making, confirmation and implementation of the CPO including the publication and service of all Notices and the presentation of the Council’s case at any Public Inquiry.

b.      Approve agreements with the owners of the property setting out the terms for the withdrawal of objections to the CPO, and/or making arrangements for re-housing or relocation of any occupiers.

c.      Approve the making of a General Vesting Declaration (the property is brought into Council ownership via this process).

d.      Approve the disposal of the whole and/ or parts of the property by auction, tender or private treaty. 

Councillor Peter Bilson presented the report seeking approval to authorise the acquisition of privately owned property 100 Kitchen Lane, Wolverhampton by agreement or through compulsory purchase.

Similar to the previous report, the proposal would ensure that the property provides much needed housing by prompting the owner to either act voluntarily or via enforcement through a CPO to bring the property back into use; ensure that the property does not continue to be visually detrimental to the area and does not continue to attract anti-social behaviour/ fly tipping; and ensure that the property has a positive financial impact on the public purse through additional New Homes Bonus funding and removing the on-going expenditure arising from anti-social behaviour.

Resolved:

1.    That the Service Director of City Housing be authorised to negotiate terms for the acquisition of the property 100 Kitchen Lane, Wolverhampton WV11 2JA, and, in default of that acquisition, authority be approved for a compulsory purchase order (CPO) to be made under Part II Section 17 Housing Act 1985 in respect of the property.

2.    That expenditure for the potential acquisition of the property, with subsequent capital receipts being recycled within the Empty Property Strategy programme be approved.

3.    That in the event that the property is improved and re-occupied to the satisfaction of the Service Director of City Housing, the property be withdrawn from the CPO.

4.    That following any acquisition, the Service Director of City Housing be authorised to dispose of the property on the open market on condition that the property is refurbished and re-occupied with in six or 12 months (as appropriate to the scale of the works).

5.    That the Director of Governance be authorised to:

a.      Take all reasonable steps as soon as it is reasonably practical to secure the making, confirmation and implementation of the CPO including the publication and service of all Notices and the presentation of the Council’s case at any Public Inquiry.

b.      Approve agreements with the owners of the property setting out the terms for the withdrawal of objections to the CPO, and/or making arrangements for re-housing or relocation of any occupiers.

c.      Approve the making of a General Vesting Declaration (the property is brought into Council ownership via this process).

d.      Approve the disposal of the whole and/ or parts of the property by auction, tender or private treaty. 

[To note the summary of open and exempt individual executive decisions approved by cabinet members following consultation with relevant employees]

That the summary of open and exempt individual executive decisions approved by the appropriate Cabinet Members following consultation with the relevant employees be noted.

Resolved:

That the summary of open and exempt individual executive decisions approved by the appropriate Cabinet Members following consultation with the relevant employees be noted.

[To pass the following resolution:

That in accordance with Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business as they involve the likely disclosure of exempt information on the grounds shown below]

Resolved:

That in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business as they involve the likely disclosure of exempt information falling within the paragraph 3 of Schedule 12A of the Act.

[To approve the award of contracts for works, goods and services]

1.     That the contract for Electricity be awarded to Total Gas and Power Limited of 10 Upper Bank Street, Canary Wharf, London E14 5BF for a duration of four years from 1 October 2020 to 30 September 2024 for a total estimated contract value of £7.6 million.

2.     That authority be delegated to the Cabinet Member for City Assets and Housing, in consultation with the Service Director of Housing, to approve the award of a contract for the development works required to design up to 40 homes when the tender evaluation process is completed.

3.     That authority be delegated to the Cabinet Member for City Assets and Housing, in consultation with the Strategic Director for Place, to approve the award of the contracts for Corporate Security Services when the evaluation process is complete.

4.     That the call off contract for Micro Asphalt be awarded to Kiely Bros. (West Midlands) Ltd of 135 Cherrywood Road, Bordesley Green, Birmingham, B9 4XE for a duration of 12 months from 15 March 2019 to 15 March 2020 for a total contract value of £1.1 million (subject to finalisation of site details).

5.     That authority be delegated to the Cabinet Member for City Environment, in consultation with the Strategic Director for Place, to approve the award of a contract for Resurfacing Trysull Road when the evaluation process is complete.

6.     That authority be delegated to the Cabinet Member for Education and Skills, in consultation with the Director for Education, to approve the award of a contract for Schools Microsoft Enterprise Licence Agreement when the evaluation process is complete.

7.     That the contract for Schools Information Management System (SIMS) be awarded to Capita of 30 Berners Street, London, England, W1T 3LR for a duration of three years from 1 April 2019 to 31 March 2021 for a total contract value of £290,136

8.     That the use of the new regional arrangements for procuring residential placements for children and young people in care for a duration of three years from 15 December 2018 to 14 December 2021 for a total contract value of £17.7 million be approved.

9.     That the Director of Governance be authorised to execute contracts in respect of the above as required.

The Panel considered proposals for the award of contacts for works, goods and services.

Resolved:

1.    That the contract for Electricity be awarded to Total Gas and Power Limited of 10 Upper Bank Street, Canary Wharf, London E14 5BF for a duration of four years from 1 October 2020 to 30 September 2024 for a total estimated contract value of £7.6 million.

2.    That authority be delegated to the Cabinet Member for City Assets and Housing, in consultation with the Service Director of Housing, to approve the award of a contract for the development works required to design up to 40 homes when the tender evaluation process is completed.

3.    That authority be delegated to the Cabinet Member for City Assets and Housing, in consultation with the Strategic Director for Place, to approve the award of the contracts for Corporate Security Services when the evaluation process is complete.

4.    That the call off contract for Micro Asphalt be awarded to Kiely Bros. (West Midlands) Ltd of 135 Cherrywood Road, Bordesley Green, Birmingham, B9 4XE for a duration of 12 months from 15 March 2019 to 15 March 2020 for a total contract value of £1.1 million (subject to finalisation of site details).

5.    That authority be delegated to the Cabinet Member for City Environment, in consultation with the Strategic Director for Place, to approve the award of a contract for Resurfacing Trysull Road when the evaluation process is complete.

6.    That authority be delegated to the Cabinet Member for Education and Skills, in consultation with the Director for Education, to approve the award of a contract for Schools Microsoft Enterprise Licence Agreement when the evaluation process is complete.

7.    That the contract for Schools Information Management System (SIMS) be awarded to Capita of 30 Berners Street, London, England, W1T 3LR for a duration of three years from 1 April 2019 to 31 March 2021 for a total contract value of £290,136

8.    That the use of the new regional arrangements for procuring residential placements for children and young people in care for a duration of three years from 15 December 2018 to 14 December 2021 for a total contract value of £17.7 million be approved.

9.    That the Director of Governance be authorised to execute contracts in respect of the above as required.

[To consider a possible sale of share holdings]

1.     That, subject to the outcome of negotiations, the sale of the Council’s 10% shareholding in inspiredspaces Wolverhampton (Holdings1) Limited and of its 10% shareholding in inspiredspaces Wolverhampton (Holdings2) Limited to Building Schools for the Future Investments (BSFI) be approved.

2.     That, subject to the outcome of negotiations, the Council enter into share sale agreements, deeds of termination in respect of the current shareholders’ agreements, stock transfer forms and any ancillary documents necessary for the sale of shares to take effect and the terms of the repayment of any sub debt which the Council has in the companies referred to in the report.

3.     That authority be delegated to the Cabinet Member for Resources and Cabinet Member for Education and Skills in consultation with the Director of Finance and Director of Governance to finalise the terms of the sale of the shares of the companies, to agree the Sale and Purchase Agreement, all other required legal documents relating to the sale and the future role of the Council’s Directors of the companies.

Councillor Louise Miles presented the report that sought approval in principal for the Council to sell its share holdings in two special purpose vehicles established under the Building Schools for the Future (BSF) programme to build, operate and maintain the two Public Finance Initiative (PFI) school schemes in Wolverhampton.

Resolved:

1.    That, subject to the outcome of negotiations, the sale of the Council’s 10% shareholding in inspiredspaces Wolverhampton (Holdings1) Limited and of its 10% shareholding in inspiredspaces Wolverhampton (Holdings2) Limited to Building Schools for the Future Investments (BSFI) be approved.

2.    That, subject to the outcome of negotiations, the Council enter into share sale agreements, deeds of termination in respect of the current shareholders’ agreements, stock transfer forms and any ancillary documents necessary for the sale of shares to take effect and the terms of the repayment of any sub debt which the Council has in the companies referred to in the report.

3.    That authority be delegated to the Cabinet Member for Resources and Cabinet Member for Education and Skills in consultation with the Director of Finance and Director of Governance to finalise the terms of the sale of the shares of the companies, to agree the Sale and Purchase Agreement, all other required legal documents relating to the sale and the future role of the Council’s Directors of the companies.

[To provide an update on the Civic Halls Improvement and Restoration Programme]

1.     That the commencement of Phase 2 Refurbishment (Construction) Works to the Civic Halls be approved.

2.     That a variation notice be issued to Shaylor Construction to carry out the works referred to in the report.

3.     That authority be delegated to the Cabinet Member for City Economy, in consultation with Strategic Director for Place, to approve any new contracts or variations to existing contracts necessary for the completion of the Civic Halls Improvement and Restoration Programme within the agreed budget of £38.1 million.

4.     That authority be delegated to the Cabinet Member for City Economy in consultation with the Strategic Director for Place to approve the details of the variation notice to the contract with Shaylor Construction.

Councillor John Reynolds presented the report on an update on the Civic Halls Improvement and Restoration Programme, as approved by Cabinet (Resources) Panel in July 2016 and revised in January 2018. Approval of the Panel was requested to the commencement of Phase 2 Refurbishment (Construction) Works and overall completion of the programme within the budget of £38.1 million.

Resolved:

1.    That the commencement of Phase 2 Refurbishment (Construction) Works to the Civic Halls be approved.

2.    That a variation notice be issued to Shaylor Construction to carry out the works referred to in the report.

3.    That authority be delegated to the Cabinet Member for City Economy, in consultation with Strategic Director for Place, to approve any new contracts or variations to existing contracts necessary for the completion of the Civic Halls Improvement and Restoration Programme within the agreed budget of £38.1 million.

4.    That authority be delegated to the Cabinet Member for City Economy in consultation with the Strategic Director for Place to approve the details of the variation notice to the contract with Shaylor Construction.