Issue - meetings

Commercial Property

Meeting: 21/02/2019 - Council (Item 838)

838 Commercial Property pdf icon PDF 143 KB

This report seeks approval to add the acquisition of the head leases from Chatham LLP of the Pentagon Centre and other included freehold property and the proposed additional enabling capital works to the Capital Programme, following Cabinet’s decisions to approve these acquisitions on 12 February 2019.

Minutes:

Discussion:

 

This report provided details of the proposal to add the acquisition of the head leases from Chatham LLP of the Pentagon Centre and other included freehold properties and the proposed additional enabling capital works to the Capital Programme, following Cabinet’s decisions to approve these acquisitions on 12 February 2019.

 

The Mayor proposed that the press and public be excluded during consideration of any information contained in the exempt appendix to this report, as set out on page 295 of the agenda, on the basis that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. This was agreed.

 

The Leader of the Council, Councillor Jarrett, supported by the Deputy Leader and Portfolio Holder for Housing and Community Services, Councillor Doe, proposed the recommendations set out in the report.

 

Councillor Stamp, supported by Councillor Osborne, proposed the following amendment:

 

“Add after 7.1:

 

This Council recommends Cabinet obtains two further independent market valuations to help ensure the valuation is accurate and the Council achieves the best possible value for money with the proposal”.

 

In accordance with Rule 12.4 of the Council Rules, a recorded vote on the amendment was taken.

 

For – Councillors Bowler, Cooper, Craven, Freshwater, Gilry, Godwin, Griffiths, Johnson, Khan, McDonald, Murray, Osborne, Paterson, Price, Shaw and Stamp (16)


Against – Councillors Aldous, Avey, Bhutia, Brake, Mrs Diane Chambers, Rodney Chambers OBE, Chitty, Clarke, Doe, Etheridge, Fearn, Filmer, Griffin, Hall, Hicks, Mrs Josie Iles, Steve Iles, Jarrett, Joy, Kemp, Mackness, Opara, Potter, Purdy, Royle, Saroy, Tejan, Tranter, Turpin, Wicks and Wildey (31)

 

Note: Councillor Maple was not present for the recorded vote as he had declared an OSI and had left the meeting during consideration of this item.

 

On being put to the vote, the proposed amendment was lost.

 

Councillor McDonald, supported by Councillor Price, proposed the following amendment:


“Add after 7.1:

 

This Council recommends Cabinet to prioritise Gillingham Town Centre as Medway Council’s first bid for the Future High Streets Fund, with Chatham Town Centre to follow in the second bidding round due in 2020.”

 

In accordance with Rule 12.4 of the Council Rules, a recorded vote on the amendment was taken.

 

For – Councillors Bowler, Cooper, Craven, Freshwater, Gilry, Godwin, Griffiths, Johnson, Khan, McDonald, Murray, Osborne, Paterson, Price, Shaw and Stamp (16)


Against – Councillors Aldous, Avey, Bhutia, Brake, Mrs Diane Chambers, Rodney Chambers OBE, Chitty, Clarke, Doe, Etheridge, Fearn, Filmer, Griffin, Hall, Hicks, Mrs Josie Iles, Steve Iles, Jarrett, Joy, Kemp, Mackness, Opara, Potter, Purdy, Royle, Saroy, Tejan, Tranter, Turpin, Wicks and Wildey (31)

 

Note: Councillor Maple was not present for the recorded vote as he had declared an OSI and had left the meeting during consideration of this item.

 

On being put to the vote, the proposed amendment was lost.

 

Councillor Murray, supported by Councillor Griffiths, proposed an amendment regarding the future of the Pentagon Centre, which following advice from the Chief Legal Officer, required the exclusion of the press and public.

 

In accordance with Rule 12.4 of the Council  ...  view the full minutes text for item 838


Meeting: 12/02/2019 - Cabinet (Item 5)

5 Commercial Property

Additional documents:

Minutes:

Background:

 

The Cabinet accepted this exempt report as urgent to enable confidential negotiations to take place with appropriate authority.

 

This exempt report provided details of a proposal for acquiring commercial property.

 

On this occasion it had neither been practicable to provide 28 clear days’ notice, nor provide 5 clear days’ notice of this report coming forward to Cabinet, therefore, Rule 17 (Special Urgency) of the Access to Information Rules, as set out in the Council’s Constitution, had been complied with. As the position of Chairman of the Business Support Overview and Scrutiny Committee was currently vacant, the Mayor had agreed that consideration of this report was urgent and could not be reasonably deferred until the next Cabinet meeting on 5 March 2019 to enable confidential negotiations to take place with appropriate authority at the earliest opportunity. The Forward Plan was published on 5 February 2019 in accordance with this requirement and the report was published on 7 February 2019.

 

In line with rule 15.11 of Chapter 4, Part 5 of the Constitution, call-in could be waived where any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the Public’s interests. In this case, a call in would delay this matter at a sensitive point in the negotiations. Therefore, on this occasion it was proposed that the call in period be waived. As the position of Chairman of the Business Support Overview and Scrutiny Committee was currently vacant, the Vice-Chairman had agreed that the decisions proposed are reasonable in all the circumstances and to them being treated as a matter of urgency and to waive call-in.

 

Decision number:

Decision:

31/2019

The Cabinet approved the acquisition of the head leases of the property identified in paragraph 2.1 of the report and the freehold properties also identified in paragraph 2.1 of the report for a price within the tolerance provided by the professional valuation obtained from Knight Frank, as set out in Appendix 1 to the report.

32/2019

The Cabinet agreed to delegate authority to the Chief Legal Officer in consultation with the Leader, the Portfolio Holder for Resources and the Chief Finance Officer to take all reasonable steps and due diligence to complete acquisition of the head leases of the property identified in paragraph 2.1 of the report and the freehold properties also identified in paragraph 2.1 of the report including obtaining necessary professional legal and tax advice and to complete all the necessary legal steps.

33/2019

The Cabinet agreed to delegate authority to the Chief Legal Officer in consultation with the Leader and Portfolio Holder for Resources to carry out the re-configuration and improvement works to the property identified in paragraph 2.1 of the report, as detailed in paragraph 5.10 of the report.

34/2019

The Cabinet agreed to delegate authority to the Chief Legal Officer in consultation with the Leader, the Portfolio Holder for Resources and the Chief Finance Officer to arrange management of the property identified in paragraph 2.1 of the report and  ...  view the full minutes text for item 5