Agenda, decisions and minutes

Apologies for absence were submitted on behalf of Councillor Jacqui Coogan.

No declarations of interests were made.

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

Resolved:

That the minutes of the previous meeting held on 15 November 2023 be approved as a correct record and signed by the Chair.

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

1.      That authority be delegated to the Cabinet Member for Environment and Climate Change, in consultation with the Director of Resident Services, to approve the award of a contract for the Supply of two Material Handlers and one Wheel Loader when the evaluation process is complete.

2.      That the UK Procurement Legislative Changes be noted.

Councillor Louise Miles presented the report seeking approval to delegate authority to the Cabinet Member for Environment and Climate Change to approve the award of a contract once the evaluation process was complete. The report also included, for information, an update on the government’s overhaul of procurement Legislation in 2024.

Resolved:

1.    That authority be delegated to the Cabinet Member for Environment and Climate Change, in consultation with the Director of Resident Services, to approve the award of a contract for the Supply of two Material Handlers and one Wheel Loader when the evaluation process is complete.

2.    That the UK Procurement Legislative Changes be noted.

[To approve the acquisition of privately owned empty property by agreement or compulsory purchase]

1.   That the Director of Resident Services be authorised to negotiate terms for the acquisition of the property 2 Beechwood Drive, Wolverhampton, WV6 8NN, and, in default of that acquisition, give authority 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 Director of Resident Services, withdrawal of the property from the CPO be authorised.

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

5.   That the Chief Operating Officer 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 Steve Evans presented the report on a proposal for the Council to acquire through negotiation or compulsory purchase, 2 Beechwood Drive, Wolverhampton. The property, a detached bungalow, had been empty since July 2020 and was deteriorating.  There were ongoing concerns regarding security and its dilapidated condition.  A Notice requiring the owners to remedy the detrimental effect of the property was served.  No appeal against the notice was made and the notice had not been complied with.  The proposal to bring a long term empty property back into residential use was in support of the Council’s Empty Property Strategy.

Resolved: 

1.    That the Director of Resident Services be authorised to negotiate terms for the acquisition of the property 2 Beechwood Drive, Wolverhampton, WV6 8NN, and, in default of that acquisition, give authority 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 Director of Resident Services, withdrawal of the property from the CPO be authorised.

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

5.    That the Chief Operating Officer 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 seek approval to enter into a 30 year full repairing lease agreement with a new cinema operator to transform the Chubb Cinema to boost City Centre Vibrancy]

1.     That new commercial plans to bring the Chubb Cinema back to life and bring a predicted 132,000 visitors a year to the venue, contributing to city centre vibrancy and the local economy when it opens in the Summer of 2024 be approved.

2.     That a lease agreement be entered into with experienced, commercial independent cinema operators PDJ Cinema Ltd (PDJ) for the Cinema space.

3.     That a lease agreement be entered into with Midlands Industrial Association (MIA) for Unit 5 within the Chubb building to be subsequently subleased to the cinema operator PDJ.

4.     That the Council and PDJ equally share the rental and service charge costs of Unit 5 within the Chubb Building on a full repairing lease arrangement.

5.     That the virement of £1.5 million from the Capital Corporate Provision and Contingency for Future Programmes to the Chubb Cinema be approved in order that a contribution towards the refurbishment and fit out works of the cinema space, which would be paid in the form of a grant.

6.    That authority be delegated to the Cabinet Member for Equalities and Governance in consultation with the Deputy Director of Assets, the Section 151 Officer and Chief Operating Officer to approve the lease agreement and final Heads of Terms for the lease arrangements with the new operator and MIA.

Councillor Bhupinder Gakhal presented the report on a proposal for the Council owned space within the Chubb building to be brought back into use as a new four screen cinema with a new, experience commercial operator PDJ Cinema Ltd, who would help bring a predicted 132,000 visitors into the city, contributing to the city centre vibrancy and the local economy. It was proposed to enter into a lease arrangement with PDJ to bring the Cinema back into beneficial use and to enter into a lease arrangement with MIA for Unit 5 within the Chubb building which would subsequently be sub leased to PDJ for their box office operation. A capital contribution of £1.5 million would be allocated from the Capital Corporate Provision and Contingency for Future Programmes to the Chubb Cinema project in order to contribute towards the refurbishment and fit out of the Cinema. This contribution would be paid in the form of a grant to PDJ.

Resolved:

1.    That new commercial plans to bring the Chubb Cinema back to life and bring a predicted 132,000 visitors a year to the venue, contributing to city centre vibrancy and the local economy when it opens in the Summer of 2024 be approved.

2.    That a lease agreement be entered into with experienced, commercial independent cinema operators PDJ Cinema Ltd (PDJ) for the Cinema space.

3.    That a lease agreement be entered into with Midlands Industrial Association (MIA) for Unit 5 within the Chubb building to be subsequently subleased to the cinema operator PDJ.

4.    That the Council and PDJ equally share the rental and service charge costs of Unit 5 within the Chubb Building on a full repairing lease arrangement.

5.    That the virement of £1.5 million from the Capital Corporate Provision and Contingency for Future Programmes to the Chubb Cinema be approved in order that a contribution towards the refurbishment and fit out works of the cinema space, which would be paid in the form of a grant.

6.    That authority be delegated to the Cabinet Member for Equalities and Governance in consultation with the Deputy Director of Assets, the Section 151 Officer and Chief Operating Officer to approve the lease agreement and final Heads of Terms for the lease arrangements with the new operator and MIA.

[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]

That in accordance with Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the remaining items of business as they involve the likely disclosure of exempt information relating to the financial or business affairs of any particular person (including the authority holding that information).

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 remaining items of business as they involve the likely disclosure of exempt information relating to the financial or business affairs of any particular person (including the authority holding that information).

The Chair reported that as stated previously the meeting was in confidential session as the information included in the reports could, if released into the public domain, prejudice the financial position of the Council or its partners.  As such all present are under a legal duty of confidentiality and must not disclose any confidential information - to do so would not only be a breach of the Council's codes (for councillors and employees) but also a breach of the legal duty of confidentiality.

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

1.     That the award of a contract for A4124 Cycle Corridor – Phase 3 to Taylor Woodrow Infrastructure Ltd, Company no. 14081596 of Astral House, Watford, Hertfordshire, WD24 4WW, for a duration of ten months from 1 March 2024 to 31 December 2024 for a total contract value of £1.3 million be approved, subject to a signed grant agreement.

2.     That the award of a contract for Supply of four Refuse Collection Vehicles to Dennis Eagle Ltd of Heathcote Way, Heathcote Industrial Estate, Warwick, Warwickshire, CV34 6TE for a total contract value of £997,500 be approved.

3.     That the award of a contract for Supply of three Hook loaders to Faun Zoeller (UK) Ltd of Units 4 & 5 Colemeadow Road, Moons Moat North Industrial Estate, Redditch, Worcestershire, B98 9PB for a total contract value of £519,750 be approved.

4.     That the award of a contract for Supply of two Large Sweepers to Scarab Sweepers Ltd of Pattenden Lane, Marden, Tonbridge, Kent, TN12 9QD for a total contract value of £375,900 be approved.

5.     That the award of a contract for Supply of eight Electric Vans to AWR Automotive UK Ltd T/A West Way Nissan Birmingham, 127 Chester Road, Streetly, Sutton Coldfield, Birmingham B74 2HE for a total contract value of £260,400 be approved.

6.     That the award of a contract for the Noose Lane to Pinson Road Cycle Scheme to Taylor Woodrow Infrastructure Limited, Company no. 14081596 of Astral House, Watford, Hertfordshire, WD24 4WW, for a duration of twelve months from 1 January 2024 to 31 December 2024 for a total contract value of £1.9 million be approved, subject to a signed grant agreement and budget approval.

7.     That a variation to the contract for the Statutory Advocacy provision with PohWER of Hertlands House, Primett Road, Stevenage, Hertfordshire, SG13EE for the period 14 December 2023 to 15 July 2024 with a variation value of £33,786 be approved.

8.     That the award of a contract for i54 Commercial Property Agent to Jones Lang LaSalle Limited of 30 Warwick Street, London, W1B 5NH for a duration of five years from 18 December 2023 to 17 December 2028 for a total contract value of £245,000 be approved.

Councillor Louise Miles presented for approval the exempt report on the award of contracts for works, goods and services.

Resolved:

1.    That the award of a contract for A4124 Cycle Corridor – Phase 3 to Taylor Woodrow Infrastructure Ltd, Company no. 14081596 of Astral House, Watford, Hertfordshire, WD24 4WW, for a duration of ten months from 1 March 2024 to 31 December 2024 for a total contract value of £1.3 million be approved, subject to a signed grant agreement.

2.    That the award of a contract for Supply of four Refuse Collection Vehicles to Dennis Eagle Ltd of Heathcote Way, Heathcote Industrial Estate, Warwick, Warwickshire, CV34 6TE for a total contract value of £997,500 be approved.

3.    That the award of a contract for Supply of three Hook loaders to Faun Zoeller (UK) Ltd of Units 4 & 5 Colemeadow Road, Moons Moat North Industrial Estate, Redditch, Worcestershire, B98 9PB for a total contract value of £519,750 be approved.

4.    That the award of a contract for Supply of two Large Sweepers to Scarab Sweepers Ltd of Pattenden Lane, Marden, Tonbridge, Kent, TN12 9QD for a total contract value of £375,900 be approved.

5.    That the award of a contract for Supply of eight Electric Vans to AWR Automotive UK Ltd T/A West Way Nissan Birmingham, 127 Chester Road, Streetly, Sutton Coldfield, Birmingham B74 2HE for a total contract value of £260,400 be approved.

6.    That the award of a contract for the Noose Lane to Pinson Road Cycle Scheme to Taylor Woodrow Infrastructure Limited, Company no. 14081596 of Astral House, Watford, Hertfordshire, WD24 4WW, for a duration of twelve months from 1 January 2024 to 31 December 2024 for a total contract value of £1.9 million be approved, subject to a signed grant agreement and budget approval.

7.    That a variation to the contract for the Statutory Advocacy provision with PohWER of Hertlands House, Primett Road, Stevenage, Hertfordshire, SG13EE for the period 14 December 2023 to 15 July 2024 with a variation value of £33,786 be approved.

8.    That the award of a contract for i54 Commercial Property Agent to Jones Lang LaSalle Limited of 30 Warwick Street, London, W1B 5NH for a duration of five years from 18 December 2023 to 17 December 2028 for a total contract value of £245,000 be approved.

[To seek approval to enter into a 30 year full repairing lease agreement with a new cinema operator to transform the Chubb Cinema to boost City Centre Vibrancy]

1.     That new commercial plans to bring the Chubb Cinema back to life and bring a predicted 132,000 visitors a year to the venue, contributing to city centre vibrancy and the local economy when it opens in the Summer of 2024 be approved.

2.    That a lease agreement be entered into with experienced, commercial independent cinema operators PDJ Cinema Ltd (PDJ) for the Cinema space.

3.    That a lease agreement be entered into with Midlands Industrial Association (MIA) for Unit 5 within the Chubb building to be subsequently subleased to the cinema operator PDJ.

4.    That the Council and PDJ equally share the rental and service charge costs of Unit 5 within the Chubb Building on a full repairing lease arrangement.

5.    That the virement of £1.5 million from the Capital Corporate Provision and Contingency for Future Programmes to the Chubb Cinema be approved in order that a contribution towards the refurbishment and fit out works of the cinema space, which would be paid in the form of a grant.

6.    That authority be delegated to the Cabinet Member for Equalities and Governance in consultation with the Deputy Director of Assets, the Section 151 Officer and Chief Operating Officer to approve the lease agreement and final Heads of Terms for the lease arrangements with the new operator and MIA.

Councillor Bhupinder Gakhal presented an exempt version of the report Transforming the Chubb Cinema to Boost City Centre Vibrancy as discussed at item 6 above. The report included the financial details on costs associated with the proposal.

Resolved:

1.    That new commercial plans to bring the Chubb Cinema back to life and bring a predicted 132,000 visitors a year to the venue, contributing to city centre vibrancy and the local economy when it opens in the Summer of 2024 be approved.

2.    That a lease agreement be entered into with experienced, commercial independent cinema operators PDJ Cinema Ltd (PDJ) for the Cinema space.

3.    That a lease agreement be entered into with Midlands Industrial Association (MIA) for Unit 5 within the Chubb building to be subsequently subleased to the cinema operator PDJ.

4.    That the Council and PDJ equally share the rental and service charge costs of Unit 5 within the Chubb Building on a full repairing lease arrangement.

5.    That the virement of £1.5 million from the Capital Corporate Provision and Contingency for Future Programmes to the Chubb Cinema be approved in order that a contribution towards the refurbishment and fit out works of the cinema space, which would be paid in the form of a grant.

6.    That authority be delegated to the Cabinet Member for Equalities and Governance in consultation with the Deputy Director of Assets, the Section 151 Officer and Chief Operating Officer to approve the lease agreement and final Heads of Terms for the lease arrangements with the new operator and MIA.