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 7 February 2024 as a correct record.

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

To consider and note the Improvement Plan Progress.

(1)     that progress against the Improvement Plan up to 31 January 2024 is received;

(2)     that Cabinet receive the Improvement Plan Risk Register;

(3)     that Cabinet receive changes to the Improvement Plan;

(4)     that Cabinet receive any recommendations or comments made by Audit and Risk Assurance Committee in relation to the Improvement Plan progress which was reviewed 22 February 2024;

(5)     that Cabinet note that Budget and Corporate Scrutiny Management Board will consider the Improvement Plan Progress report on 20 March 2024, and that any recommendations or comments made in relation to the Improvement Plan progress will be reported to a future meeting of the Cabinet.

To consider and note the Performance Management Framework – 2023/24 Quarter 3 Monitoring.

(1)     that Cabinet note progress on the further development of the Corporate Performance Management Framework and approve the 2023/24 Quarter 3 monitoring reports;

(2)     that Cabinet approve changes to PIs as set out in Appendix 4.

To consider the Highfields Primary School Prescribed Alternations Consultation Outcome for Change of Age Range.

(1)     That in connection with the proposed prescribed alterations to change the age range of Highfields Primary School, Beeches Road, Rowley Regis, B65 0DA (the school) from 3 – 11 years old to 5 – 11 years old, approval be given to the:

(a)     publication of the appropriate Statutory Proposal;

(b)     subject to no objections being raised during the statutory representation period for the Statutory Proposal, that the Director of Children and Education be authorised to make a final decision on the proposal for the prescribed alterations at Highfields Primary School, in conjunction with the Monitoring Officer and Assistant Director – Legal & Assurance and in consultation with the Cabinet Member for Children, Young People and Education; and

(c)     in the event that any objections are raised during the statutory representation period for the Statutory Proposal, that a report is submitted to the Cabinet Member for Children, Young People and Education with full details of representations received to inform a final decision on the proposal.

To consider the West Midlands Regional Working Agreement.

(1)     that approval be given for Sandwell Council to enter into a new Regional West Midlands Working Agreement with West Midlands Police in relation to the operation and management of Camera Enforcement of Endorsable Traffic Offences across the whole of Sandwell Council adopted road network;

(2)     that authorisation be given for the delegation of all approvals on operational decisions and details of the final agreement to the Director of Borough Economy / Executive Director Place in consultation with the relevant Cabinet Member for Environment and Highways including;

•        the development and management of operational policy regarding enforcement, site selection and operation;

•        approval of all terms and conditions in any new regional agreement in consultation with the Director of Legal and Governance.

(3)     that approval be given for the Director of Law and Governance / Executive Director of Finance and Transformation to execute any documentation necessary to give effect to recommendation in (1);

(4)     that approval be given for Sandwell Council to continue operating within the current terms and conditions of the existing Black Country Average Speed Enforcement Working Agreement for an additional interim year 2024/25 or until such time as the Regional Working Agreement is finalised and adopted.

To consider the Sandwell Valley 10 Year Master Plan.

(1)     that approval is given to adopt the 10-year Master Plan and to:

a.      authorise the Cabinet Member for Housing and Built Environment and the Assistant Director for Borough Economy (Green Spaces, Visitor Services, Events)/Executive Director Place to proceed on a phased basis for the spend of capital;

b.      approve the capital borrowing requirement for £7.856m to be released in the three phases set out in this plan.

(2)     that subject to a satisfactory strategic finance appraisal being undertaken, approval is given to three phases of delegated authority for release of the capital funds as follows:

a.    Phase One: April 2024 – March 2025 – Investment into infrastructure, Sandwell Valley Visitor Centre, King George V Pavilion, Land Train, entrance and shop expansion at Forge Mill Farm, and the development of a nature conservation and heritage plan. Total capital investment for this phase: £3,332,033.00;

b.      Phase Two: April 2025 – March 2026 – Investment into Swan Pool Water sports Centre and Café. Total capital investment for this phase: £2,774,024

c.      Phase Three: April 2026 – March 2027 – Investment into Forge Mill Farm Food Education Barn. Total capital investment for this phase: £1,750,000

To consider the City Region Sustainable Transport Settlement Grants.

(1)     that the Cabinet Member for Regeneration & WMCA and the Assistant Director – Growth & Spatial Planning in conjunction with the Interim Section 151 Officer and the Monitoring Officer be authorised to accept City Region Sustainable Transport Fund grants from West Midlands Combined Authority under the Terms and Conditions contained in the Grant Agreements for the following schemes;

•        Smethwick to Birmingham Inclusive Growth Corridor Transport Package

•        Wednesbury Brierley Hill Extension Sustainable Access Measures

•        A461 Bus, Cycle & Walking Corridor

To consider the Ratification of Single Settlement Memorandum of Understanding between the West Midlands Combined Authority and HM Government.

It is recommended that –

(1)     approval be granted to the single settlement Memorandum of Understanding as set out in the report and attached Appendix A;

(2)     the Leader of the Council be authorised to endorse Sandwell Council’s entry into the single statement Memorandum of Understanding when the matter is determined by the West Midlands Combined Authority Board.

(3)     Cabinet note and endorse the proposed high-level next steps for the single settlement negotiations and implementation.

To consider the Sandwell Levelling Up Zone.

(1)     that Cabinet approve the geographical boundary of the Sandwell Levelling Up Zone as shown on the Sandwell Levelling Up Zone Map at Appendix 1;

(2)     that Cabinet approve the boundary of the Growth Zone as shown on the Sandwell Levelling Up Zone Map at Appendix 1, which subject to Government compliance checks and enactment of secondary legislation, will allow the council to retain business rates generated within the Zone over a 25-year period above a baseline figure;

(3)     that delegated authority be given to the Section 151 Officer in consultation with Assistant Director - Spatial Planning and Growth and the Cabinet Member Regeneration & WMCA to undertake the necessary actions required by Government for Growth Zone business rates to be retained with a start date 1 April 2024;

(4)     that delegated authority be given to the Assistant Director – Spatial Planning and Growth, Assistant Director - Legal and Assurance and the Section 151 Officer in consultation with the Cabinet Member Regeneration & WMCA to undertake the necessary legal, policy and procedural actions to establish, manage and monitor the Levelling Up Zone;

(5)     that Cabinet approve the use of Regeneration Reserves to fund the establishment, management, and monitoring of the Levelling Up Zone up to a value of £300,000 over a period of up to three years. Following this period, the effectiveness of the Levelling Up Zone will be reviewed including the amount of receipts from business rate uplift that have been realised;

(6)     that Cabinet approve that first consideration is given to the use of retained business rates generated in the Growth Zone to fund the costs associated with the establishment, management, and monitoring of the Levelling Up Zone over its lifetime.

To consider the Levelling Up Fund Round 3 Bid Submission.

(1)     that the Assistant Director of Legal & Assurance in consultation with the Assistant Director for Growth & Spatial Planning, the S151 Officer, and the Cabinet Member for Regeneration & West Midlands Combined Authority be authorised to review and formally accept the Levelling Up Fund funding offer/ grant conditions from Government for Grove Lane, Smethwick, subject to an acceptable Financial Appraisal.

(2)     that Cabinet endorse the Grove Lane, Smethwick Levelling Up Fund bid.

To consider the Long-Term Plan for Smethwick.

(1)     that the Assistant Director of Legal & Assurance, in consultation with the Assistant Director for Growth & Spatial Planning and Cabinet Member for Regeneration & WMCA, be authorised to establish a Smethwick Long-Term Plan Board through undertaking necessary selection processes to make appointments to the Board, and finalise the associated Terms of Reference;

(2)     that the Assistant Director of Legal & Assurance, in consultation with the Assistant Director for Growth & Spatial Planning and Cabinet Member for Regeneration & WMCA, be authorised to make any changes to the Long-Term Plan for Smethwick Town Board terms of reference in response to any further Government guidance or Board requirements;

(3)     that authority be granted to the newly appointed board, once constituted to develop a Long-Term Plan for Smethwick, to include public consultation, and to submit to Government, subject to S151 Officer authorisation;

(4)     that Assistant Director of Legal & Assurance, in consultation with the Assistant Director for Growth & Spatial Planning, the S151 Officer and the Cabinet Member for Regeneration & WMCA, be authorised to review and formally accept the Long-Term Plan funding offer/ grant conditions from Government

(5)     that approval be given for the Council to act as Accountable Body for the Long-Term Plan for Smethwick programme and adopt programme governance arrangement;

(6)     that the geographical boundary for the Long-Term Plan for Smethwick as determined be endorsed, and the Assistant Director of Growth & Spatial Planning in consultation with the Cabinet Member for Regeneration WMCA be authorised to make any necessary representations to Government to amend the boundary in consultation with the new Board;

(7)     that the Assistant Director for Growth & Spatial Planning, in consultation with the Cabinet Member for Regeneration & WMCA, be authorised to approve public consultation in relation to the Long-Term Plan for Smethwick.

To note the Levelling up Partnership.

(1)     that Cabinet receive the progress update on the delivery of the Levelling Up Partnership;

(2)     that Cabinet receive a further progress update in 6 months.

That the public and press be excluded from the rest of the meeting. This is to avoid the possible disclosure of exempt information under Schedule 12A to the Local Government Act, 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, relating to the financial and business affairs of any person, including the authority holding that information.

To consider the Adult Social Care Market Sustainability.

(1)that Cabinet approve the proposed fees in the table below to be implemented in 2024/25 for the adult social care provider market to ensure market sustainability, with any uplift to the Free Nursing Care rate in 24/25 to be fully passed onto applicable nursing homes when announced by the Department for Health and Social Care;

(2)that the Director of Adult Social Care be authorised to implement the fee uplifts proposed in (1) for the financial year 2024/2025.

To consider the Procurement of Accommodation Based Support Services and Floating Support Services for Vulnerable Homeless.

(1)that approval be given for the commencement of a procurement for an Accommodation-Based Support Services and Floating Support Services for vulnerable: Young People, Teenage parents, Families and Adults who are homeless or at risk of homelessness in Sandwell;

(2)that the Director of Housing be authorised to award a contract for the provision of Accommodation-Based Support Services and Floating Support Services for vulnerable: Young People, Teenage parents, Families and Adults who are homeless or at risk of homelessness in Sandwell, for a period of two years, with the option to extend this by two periods of one year each on terms to be agreed with the Director of Housing at the end of the procurement process;

(3)that the Director of Housing be authorised to enter into contract(s) with the successful tenderer(s) for the provision of Accommodation-Based Support Services and Floating Support Services for vulnerable: Young People, Teenage parents, Families and Adults with for a period of two years, with the option to extend this by two periods of one year each on terms to be agreed with the Director of Housing;

(4)that any necessary exemption be made to the Contract Procedure Rules to enable the course of action referred to in (1) and (2) to proceed.

To consider the Project Costs for the Relocation and Redevelopment of the Indoor Market in West Bromwich.

(1)that approval is given to a revised funding package to deliver the West Bromwich Indoor Market;

(2)that the Section 151 Officer, in consultation with the Assistant Director for Spatial Planning and Growth, be authorised to amend the capital programme to reflect the total project cost;

(3)that the Section 151 Officer, in consultation with the Assistant Director for Spatial Planning and Growth, be authorised to identify an appropriate revenue budget from which to fund the annual prudential borrowing costs associated with the revised funding package;

(4)that the Assistant Director for Spatial Planning and Growth be authorised to carry out all necessary procurement activities, in accordance with statutory regulations and the Council’s Contract Procedure Rules, to deliver the West Bromwich Indoor Market project;

(5)that the Assistant Director of Spatial Planning and Growth be authorised to progress any consents or applications required for Demolition, Planning, Building Regulations or Highways appertaining to the delivery of the West Bromwich Indoor Market scheme and any other agreements with the procured contractor(s) as may be deemed necessary to facilitate development of the site.