Agenda and decisions

To receive any apologies for absence.

Members to declare any interests in matters to be discussed at the meeting.

To confirm the minutes of the meeting held on 17 January 2024 as a correct record.

To determine whether there are any additional items of business to be considered as a matter of urgency.

That Cabinet:

(1) Note the financial monitoring position as at 31 December 2023 (Quarter 3) and refers the report to the Budget and Corporate Scrutiny Management Board for consideration and comment.

(2) Approves the following budget virements above £1m in line with the revised delegated limits for Cabinet Members and Directors:

To consider the Improvement Plan Progress – Grant Thornton Follow-up Report 2023.

(1)That Cabinet receive Grant Thornton’s Value for Money Governance Review Follow Up Review Report of December 2023.

(2)That Cabinet note that the Council’s response to the recommendations in Grant Thornton’s report will be incorporated into the refresh of the Improvement Plan in 2024.

To consider the recommendations of the Budget and Corporate Scrutiny Management Board in relation to the Draft Budget 2024/2025.

(1)     That the Budget and Corporate Scrutiny Management Board is assured that there is a clear plan, underpinned by data, for the Council’s Budget 2024/25.

(2)     That the Cabinet and the Executive team review the proposals for Borough Economy again to ensure the assumptions upon which they are based are robust and take account of the missed income targets from 2023/24.

(3)     That the Cabinet and Executive team review:-

(a)     Council, the Housing Revenue Account, Capital Programme, Public Health and Sandwell Children’s Trust contracts and agreements to ensure they are fit for purpose, take a whole-council approach to meeting the Council’s strategic objectives and represent value for money;

(b)     contract monitoring management processes to ensure they are robust and ensure value for money.

(4)     That the Budget and Corporate Scrutiny Management Board consider reports within the next three months on detailed proposals to achieve savings in:-

(a)          Children’s External Educational and Care Placements; and

(b)          Special Educational Needs and Disabilities Transport.

(5) That the following topics be included on the work programme of the Budget and Corporate Scrutiny Management Board:-

(a)          the customer journey;

(b)          the effect on performance and sickness levels of reduced budgets;

(c)          funding for the Voluntary and Community Sector.

(6) That, in connection with (2) and (3) above, a further report be submitted to the Budget and Corporate Scrutiny Management Board, within 2 months’ time, on the decision of Cabinet.

To consider the Council’s proposed budget for 2024/2025 and make a recommendation to the full Council.

It is recommended that Cabinet approves the Draft Budget 2024/25 including all appendices and it be forwarded to Full Council on 20 February 2024 for consideration and approval with the following specific recommendations:-

(1)     That it be noted that the Council Tax Base was agreed at Full Council on 12th December 2023;

(2)     That it be noted that the Council Tax Support Scheme was approved at Full Council on 12th December 2023;

(3)     That it be noted that Housing Rents and Service Charges were uplifted by Full Council on 12th December 2023;

(4)     That the report of the Section 151 Officer, included at paragraphs 2.4.1 to 2.4.20, as required under Section 25 of the Local Government Act 2003 on the robustness of the estimates made for the purposes of the budget calculations and adequacy of proposed financial reserves be noted;

(5)     That it be recommended that Council approve the Medium Term Financial Strategy at Appendix A which incorporates the following recommendations:

a.      Approve the MTFS and embedded MTFP as an estimate of the Council’s current financial position at January 2024;

b.      Approve the Guiding Principles as framework for financial planning for the period of the MTFS;

c.      Approve the Capital Planning Principles to guide the preparation of the Capital Programme in the years ahead;

d.      Note the planned development of the Transformation Programme to date and through 2024/25 and endorse the extension of the transformational approach to other services of the Council;

e.      Note the Budget Timetable set out in this report;

f.       Approve the submission to DLUHC of a proposal to employ flexible use of capital receipts in financial year 2024/25 and to delegate the amendment and final approval of this proposal to the Portfolio Holder for Finance and Interim Director of Finance together with the Assistant Chief Executive;

g.      Approve the onward submission of the Winter 2024 update of the MTFS to the next meeting of Full Council;

h.      Approve the adjustments to fees and charges as set out in Annex 12;

i.       Approve the savings proposals set out at Annex 5.

(6)     It be recommended that an increase of 2.99% in the level of general council tax for 2024/25 be approved;

(7)     It be recommended that an increase of 2.00% in the level of Adult Social Care precept for 2024/25 be approved;

(8)     That it be recommended Council approve the General Fund Budget net budget of £333.008m at Appendix B, including the proposed total increase of Council Tax for Sandwell Metropolitan Borough Council of 4.99%, in accordance with the Council Tax Referendum Principles as set by Government for 2024/25.

(9)     That the Council Tax amounts by Band at Appendix C be noted pending final notifications of precept amounts by the Office of the Policy and Crime Commissioner and the Fire Authority with formal ratification to be presented as part of the Council Tax Resolution on 20th February 2024.

(10)   That it be recommended that Council approve the report at Appendix D on the Dedicated Schools Grant  ...  view the full decision text for item 7.

To consider the sward of contract to Phoenix Software LTD for the provision of Microsoft E5 licenses.

(1)     Give approval to award a contract to Phoenix Software Ltd for a period to end 31 March 2027 for a Microsoft Enterprise 5 (E5) licensing agreement using the KCS framework at a total value of spend attributable to E5, over 3 years is: £4,737,892.50;

(2)     Approve the purchase of Server and Cloud Enrolment (SCE) agreement at an annual cost of £152,890.80 - based upon a volume of up to 300 servers and at current pricing with a total value over 3 years of £458,672.40;

(3)     Approve the purchase of Microsoft 365 Copilot licenses at an annual cost of £88,740.00 - based upon a volume of up to 300 users and at current pricing at a total value over 3 years of £266,220.00;

(4)     That any necessary exemptions be made to the Council’s Contract Procedure Rules to enable the course of action referred to in (1), (2) and (3) to proceed.

To consider Schools Funding 2024-25.

That having considered the outcome of the consultation proposals following review by the Schools Forum, as shown in Appendix A, approval be given to the 2024/2025 schools funding formula for Sandwell schools, as follows:

(a)     adopting the minimum transition option for calculating schools funding in 2024/25;

(b)     setting the Growth Funding at £1.60m;

(c)     the introduction of a Falling Rolls Fund in 2024/25;

(d)     the transfer of £0.512m funding from the Schools Block to the Central Schools Services Block to fund the attendance service;

(e)     the Central Schools Services Block, De-delegated and Education Function proposals as set out in Appendix A (with the exception of Schools in Financial Difficulty).

To Consider the Social Housing Decency Funding Grant.

(1)     That approval be given to draw down the offer of £2.1m of Capital Grant Funding from the Department for Levelling Up, Housing, and Communities (DLUHC);

(2)     Approval be given to enter into the following new contracts to deliver the works as part of the grant funding:

·      Internal environmental monitoring;

·      Specialist expert intervention to eradicate damp and mould;

·      Replacement soil stacks;

·      Installation of ventilation and heat recovery.

(3)     That delegated authority be given to the Interim Head of Contract Procurement, in consultation with the Interim Director of Housing, Interim Section 151 Officer and Assistant Director for Legal and Assurance to make amendments and changes to the extensions and / or processes described in this report in order to give effect to the decisions at (2);

(4)     That the Interim Director of Housing, in consultation with the Interim Section 151 Officer, be authorised to prepare tendering documentation and to procure one or more contractors, in accordance with The Public Contract Regulations 2015 and the Council’s Procurement and Contract Procedure Rules, to work on behalf of the Council, to undertake work to resolve damp and mould related issues in our Housing stock;

(5)     That the Interim Director of Housing be authorised to award the contracts, as referred to in (4), to the successful contractor(s);

(6)     That the Assistant Director for Legal and Assurance be authorised to enter into or execute under seal any documentation in relation to the award of the contracts;

(7)     That any necessary exemption be made to the Council’s Procurement and Contract Procedure Rules to enable the course of action referred to in (2) and (4) to proceed.

To consider the New Archives Centre for the Borough.

(1)     That approval be given to work with appointed subject matter expert consultant for archives and senior council officers to develop a funding strategy for the development and capital scheme to establish a new Archives Centre for the Borough at the preferred site as approved by Cabinet on 16 November 2022;

(2)     That the Director of Borough Economy, in consultation with the Section 151 Officer, the Monitoring Officer and the Portfolio holder for Archives be authorised to progress the proposed scheme through the Council’s consideration and approval process for capital schemes with an associated business model to outline the revenue impact of the proposed scheme and submit a further report in due course. 

To consider the Implementation of Boroughwide Public Spaces Protection Orders.

(1)     That approval be given to the implementation of a Boroughwide Public Space Protection Order for alcohol to enable authorised officers / constables, where satisfied that nuisance or disorder associated with alcohol is occurring, to require people not to consume alcohol in the area and to surrender any alcohol in their possession.

(2)     That approval be given to the implementation of a Boroughwide Public Space Protection Order to tackle nuisance caused by dog fouling making it:-

(a)     an offence for a person in charge of a dog to fail to pick up the dog’s faeces forthwith should it defecate whilst in their control;

(b)     an offence for a person in charge of a dog to fail to be able to produce a receptacle to pick up dog faeces such as a dog poo bag;

(c)     an offence for a person in charge of a dog to allow a dog into an enclosed children’s play area / sports area.

Registered disability assistance dogs and their owners to be exempt from the requirements of the order.

(3)     That approval be given to the implementation of a Boroughwide Public Space Protection Order to tackle the risks associated with BBQs and fires in public spaces by :-

(a)     making it an offence to have fires / BBQs in public spaces in Sandwell and not to stop these when requested to do so by authorised officers / constables;

(b)     requiring individuals to surrender anything in their possession which an authorised officer / constable or has reasonable suspicion to be an article that has been used OR is likely to be used in conjunction with these prohibited activities.

(4)     That approval be given for alcohol, dog fouling and BBQs and fires Boroughwide Public Space Protection Orders to be implemented for a period of three years commencing 1 March 2024;

(5)     That the Director Borough Economy, or any successor position, be authorised to implement, monitor and enforce the Public Spaces Protection Orders.

To consider the City Region Sustainable Transport Settlement Update and Local Transport Capital Program.

It is recommended that Cabinet:-

(1)     notes the update in relation to the City Region Sustainable Transport Settlement (CRSTS) for the period April 2022 to March 2027.

(2)     grant approval to the following programme of minor works, highways, bridges and street lighting maintenance for 2024/25 to be funded through the Local Network Improvement Plan and Maintenance Block allocations subject to ratification and approval at West Midlands Combined Authority Board on 9 February 2024:

To consider the Designation of Nature Conservation Sites.

(1)     That approval be given to the Site Recommendations as detailed in Appendix A which include:

·      The extension of the SINC at Land at Beaconview Road;

·      The extension of the SINC at Ridgeacre Branch Canal;

·      The SINC at Gower Branch Canal maintaining its current status and boundary;

·      The SLINC element at Galton Valley be upgraded to SINC status, so that the entire site will be a SINC. A small section in the centre of the site to be deleted;

·      The upgrading of part of the SLINC to a SINC at Thimblemill brook (West). This will extend the extent of the SINC and reduce the size of the SLINC element;

·      The upgrading of the SLINC to a SINC at Haden Hill Park so that the entire site is a SINC. No action to be taken regarding the PSI, as this did not meet the required standards;

·      The extension of the SLINC at Dudley to Priestfield Disused Railway, with an amendment to the boundary to exclude a building;

·      To maintain the status and boundary of the SLINC at Bradley Locks;

·      To maintain the status and boundary of the SLINC at Broadwell Park;

·      To maintain the status and boundary of the SLINC at Market Place, Tame Valley;

·      To maintain the status and boundary of the SLINC at Ocker Hill Balancing Pool;

·      To maintain the status and boundary of the SLINC at Woden Road South;

·      To maintain the status and boundary of the SLINC at Thimblemill brook (East);

·      To delete the entire SLINC at Dixon’s Branch Canal.

(2)     That the Director Regeneration & Growth be authorised to make the necessary changes to the Sandwell Local Plan Proposals Map to reflect the designations identified in the report.

To consider approval for the in principle scheme for the A4123 Cycle, Walk and Bus Corridor.

(1)     that approval in principle is given to the proposed sustainable transport and highway improvement proposals that make up the A4123 Bus, Cycle and Walking Corridor in the Sandwell area, as part of an overall corridor project from Wolverhampton through Dudley and Sandwell as shown on the plans contained at Appendix A and B;

(2)     that the Assistant Director – Growth & Spatial Planning carries out public consultation on the proposals;

(3)     that the Assistant Director – Growth & Spatial Planning, in conjunction with the Interim Director of Finance & Section 151 Officer, and the Assistant Director – Legal and Assurance and Monitoring Officer, are authorised to accept City Region Sustainable Transport Fund grants from West Midlands Combined Authority under the Terms and Conditions contained in the Grant Agreements;

(4)     that the Cabinet Member for Environment and Highways considers any objections to the proposals, in conjunction with the Cabinet Member for Regeneration and WMCA;

(5)     that the Assistant Director – Growth & Spatial Planning is authorised to approve the submission of an Outline Business Case to the West Midlands Combined Authority.