Agenda and decisions

Joint Cabinet and Cabinet (Resources) Panel, Cabinet - Wednesday, 10th July, 2024 5.00 pm

Venue: Committee Room 3, Third Floor - Civic Centre, St Peter's Square, Wolverhampton WV1 1SH

Contact: Dereck Francis  Tel: 01902 555835 or Email: dereck.francis@wolverhampton.gov.uk

Media

Items
No. Item

1.

Apologies for absence

Additional documents:

2.

Declaration of interests

Additional documents:

3.

Minutes of the previous meeting pdf icon PDF 117 KB

[For approval]

Additional documents:

4.

Treasury Management - Annual Report 2023-2024 and Activity Monitoring Quarter One 2024-2025 pdf icon PDF 145 KB

[To approve the Treasury Management - Annual Report 2023-2024 and Activity Monitoring Quarter One 2024-2025][Report to follow]

Additional documents:

Decision:

That Council be recommended to note:

1.    That the Council operated within the overall approved Prudential and Treasury Management Indicators, and also within the requirements set out in the Council’s Treasury Management Policy Statement during 2023-2024.

 

2.    That revenue underspends of £210,000 for the General Fund and £1.9 million for the Housing Revenue Account (HRA) were generated from treasury management activities in 2023-2024.

 

3.    That the revenue implications of treasury management activities in 2024-2025 for the General Fund is currently forecast to be within budget.  However, there are early indicators that suggest there may be pressure on the HRA budget. This would continue to be monitored and updates provided in future reports.

 

That Cabinetnotes:

1.    That the Council’s external borrowing increased by £65.9 million during 2023-2024 due to repayment of five loans and four new loans being taken out during the financial year to support the capital programme.  So far during quarter one of 2024-2025, one loan totalling £7.0 million has been repaid and new loans totalling £35.0 million have been taken.

5.

Capital Budget Outturn 2023-2024 including Quarter One Capital Budget Monitoring 2024-2025 pdf icon PDF 163 KB

[To approve capital budget outturn 2023-2024 including quarter one capital monitoring 2024-2025][Report to follow]

 

Additional documents:

Decision:

That Council be recommended to approve:

1.    The revised, medium term General Fund capital programme of £383.1 million, an increase of £7.9 million from the previously approved programme, and the change in associated resources.

 

2.    The revised, medium term Housing Revenue Account (HRA) capital programme of £643.2 million, a decrease of £212,000 from the previously approved programme, and the change in associated resources.

 

That Cabinet approves:

1.    The virements for the General Fund capital programme detailed at Appendix 4 to the report for:

i.        Existing projects totalling £7.0 million;

ii.       New projects totalling £42,000.

 

2.    The virements for the HRA capital programme detailed in Appendix 4 to the report for:

i.        Existing projects totalling £15.8 million.

 

3.    The continued delegated authority to the Deputy Director of Assets to approve virements from the provision for future projects budget held within the Corporate Asset Management capital programme to individual schemes in order that corporate priorities can be addressed in an agile and timely manner.

 

That Cabinet notes:

1.    There are five new projects being created through virements which are subject to separate detailed project reports also on today’s agenda to the Joint Cabinet and Cabinet (Resources) Panel meeting. The inclusion of these projects into capital programme is on the assumption that the approval for the virements is given. If the projects are not approved, the capital programme would be amended accordingly. The reports are:

                   i.       Expansion of Special Educational Needs Provision;

                 ii.       Secondary School Expansion Programme 2025.

6.

Wolverhampton’s Youth Justice Plan 2024-2025 pdf icon PDF 164 KB

[To present the Wolverhampton Youth Justice Plan detailing key achievements within the Youth Offending Team during 2023-2024 and the key priorities for 2024-2025]

Additional documents:

Decision:

That Cabinet recommends that Council:

1.    Approves the adoption of the Youth Justice Plan 2024-2025.

 

That Cabinet notes:

1. The specific achievement of the Youth Justice Service during 2023-2024 including the impact on the Out of Court DIVERT offer which has significantly reduced the number of young people entering the criminal justice system, low re-offending rates and the continued small number of young people receiving a custodial sentence.

7.

Procurement - Award of Contracts for Works, Goods and Services pdf icon PDF 182 KB

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

Additional documents:

Decision:

1.      That authority be delegated to the Cabinet Member for Digital and Community, in consultation with the Executive Director of Economy, to approve the award of a contract for High Volume Printers when the evaluation process is complete.

 

2.      That authority be delegated to the Cabinet Member for Digital and Community, in consultation with the Executive Director of Economy, to approve the award of a contract for IT Service Management when the evaluation process is complete.

 

3.      That authority be delegated to the Cabinet Member for Governance and Equalities, in consultation with the Deputy Director of Governance, to approve the award of a contract for 1st and 2nd Class Mail when the evaluation process is complete.

 

4.      That authority be delegated to the Cabinet Member for Children, Young People and Education, in consultation with the Director of Children’s Services, to approve the award of the contract to successful provider(s).

 

5.      That authority be delegated to the Cabinet Member for Children, Young People and Education, in consultation with the Director of Children’s Services, to approve the award of a contract for West Midlands Regional Fostering Framework when the evaluation process is complete.

8.

Secondary School Expansion Programme 2025 pdf icon PDF 294 KB

[To approve the Secondary School Expansion Programme 2025 and associated capital expenditure]

Additional documents:

Decision:

1.      That the formal proposal for schools to be included within the Secondary School Expansion Programme 2025 be approved.

 

2.      That the allocation of £1,750,000 from the capital budget for Secondary School Expansion Schemes to the Ormiston SWB Academy project be approved.

 

3.      That the allocation of £1,450,000 from the capital budget for Secondary School Expansion Schemes to the Moseley Park project be approved.

 

4.      That the Council be authorised to enter into all legal agreements in relation to the schemes.

 

5.      That it be noted that the Local Authority (LA) has a statutory duty to:

·        ensure the sufficient school places are available within their area for every child of school age whose parents wish them to have one.

·        to promote high educational standards, to ensure fair access to educational opportunity, and;

·        to help fulfil every child’s educational potential.

 

The LA must also ensure that there are sufficient schools in its area and promote diversity and parental choice.

 

6.      That it be noted that the Regional Schools Commissioner is responsible for determining if academies can expand and the Council is not fully appraised of all the information which decisions are based on, therefore, the Council is not in full control of all the factors relating to the effective and timely supply of school places.

 

7.      That the increase in the Published Admission Number at Colton Hills Community School for 2025-2026 onwards be noted. This would help ensure sufficiency of provision and can be achieved without the need for capital investment.

 

8.      That it be noted that the projects within this report are reflected in the Capital Programme and included in the Capital Budget Outturn 2023-2024 including Quarter One Capital Budget Monitoring 2024-2025 report also on this agenda.

9.

Expansion of Special Educational Needs Provision pdf icon PDF 127 KB

[To approve the formal proposal of schools to be included in Phase 1 and associated capital expenditure]

Additional documents:

Decision:

1.      That the formal proposal for schools to be included in Phase 1 of the Special Educational Needs Provision Expansion Programme and associated capital expenditure be approved.

 

2.      That the undertaking of required statutory processes including consultation in relation to the expansion of Green Park School be approved.

 

3.      That the allocation of £1.1 million from the approved capital Budget High Needs Capital Programme – Future Schemes to Westcroft School expansion project be approved.

 

4.      That the allocation of £800,000 from the approved capital Budget High Needs Capital Programme – Future Schemes to Palmers Cross Primary School Resource Base project be approved.

 

5.      That the allocation of £750,000 from the approved capital Budget High Needs Capital Programme – Future Schemes to Ormiston NEW Academy Resource Base project be approved.

 

6.      That the Council be authorised to enter into all legal agreements in relation to the schemes.

 

7.      That it be noted that the Local Authority (LA) has a statutory duty to:

·       ensure the sufficient school places are available within their area for every child of school age whose parents wish them to have one

·       to promote high educational standards, to ensure fair access to educational opportunity, and;

·       to help fulfil every child’s educational potential.

 

The LA must also ensure that there are sufficient schools in its area and promote diversity and parental choice.

 

In addition, there is a statutory duty in the Children and Families Act 2014 requiring LA’s to keep provision for children and young people with Special Educational Needs and Disabilities (SEND) under review (including its sufficiency).

 

8.      That it be noted that the funding for the proposed expansion of Green Park School would be subject to approval through the appropriate governance mechanisms including an Individual Executive Decision Notice.

 

9.      That it be noted that the Regional Schools Commissioner is responsible for determining if academies can expand and the Council is not fully appraised of all the information which decisions are based on, therefore, the Council is not in full control of all the factors relating to the effective and timely supply of school places.

 

10.   That it be noted that due to the potential level of investment required for this expansion programme, Basic Need and High Needs capital allocations could be insufficient for future schemes. There is potential for a proportion of future schemes that would need to be funded by prudential borrowing.

 

11.   The projects within the report are reflected in the Capital Programme and included in the Capital Budget Outturn 2023-24 including Quarter One Capital Budget Monitoring 2024-25 report also on this agenda.

10.

Acquisition of Privately Owned Empty Property by Agreement or Compulsory Purchase: 51 Dimmock Street, Parkfields, Wolverhampton, WV4 6HF pdf icon PDF 84 KB

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

Additional documents:

Decision:

1.      That the Director of Resident Services be authorised to negotiate terms for the acquisition of the property 51 Dimmock Street, Parkfields, Wolverhampton, WV4 6HF, 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 be approved for the potential acquisition of the property, with subsequent capital receipts being recycled within the Empty Property Strategy programme.

 

3.      That in the event that the property is improved and re-occupied to the satisfaction of the Director of Resident Services, authorise withdrawal of the property from the CPO.

 

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 reoccupied 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.

11.

City Centre West - Development Agreement pdf icon PDF 122 KB

[To approve the Council entering into a Development Agreement, Option, Buy Back Agreement, Lease and ancillary agreements to support the development of City Centre West]

Additional documents:

Decision:

1.      That the entry into the Development Agreement, Option, Lease, Buy Back agreement and ancillary agreements including sub agreements required to support the delivery of City Centre West be approved.

 

2.      That the Chief Operating Officer be authorised to negotiate, execute, seal and complete all necessary and ancillary agreements to give effect to this recommendation.

         

3.      That it be noted that the opportunity to acquire third party land assets within the red line on the site plan attached at Appendix 2 to the report would be subject to a later Cabinet approval.

 

4.      That it be noted that the Development Agreement provides flexibility to add additional land to the red line area. Future additional land would be subject to a later Cabinet approval.

 

5.      That it be noted that any decisions to dispose of land at below market value would be subject to a later Cabinet approval.

 

6.      That ongoing positive negotiations to move the food and events space, currently ear-marked for Bell Street, to Market Square, to support wider ambitious plans to create a ‘destination of choice’ at city centre west, potentially boosting the profile and marketability of the location be noted. Any changes would be subject to a later Cabinet approval.

 

7.      That it be noted that any development area that is currently used as parking for vehicles, the Council would need to follow the statutory procedure to appropriate such land with the necessary consultation pursuant to Section 122 of the Local Government Act 1972. This states that the Council may appropriate for any purpose for which the Council are authorised by this or any other enactment to acquire land by agreement any land which belongs to the Council and is no longer required for the purpose for which it is held immediately before the appropriation.

 

8.      That the risk and associated mitigation measures detailed in section 4.4 of the report be noted

12.

Exclusion of press and public

[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.]

Additional documents:

Decision:

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).

13.

Procurement - Award of Contracts for Works, Goods and Services

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

Decision:

1.      That the Framework contract for Energy from Waste Technical Support – Engineering, be awarded to Cobalt Engineering of Buxton, Fichtner Consulting Engineers Ltd of Stockport and Stantec UK Ltd of High Wycombe for a duration of four years from 1 August 2024 to 31 July 2028 up to the total value of £5 million.

 

2.      That authority be delegated to the Cabinet Member for Resident Services, in consultation with the Director of Resident Services to approve the award of call-off contracts from the for Energy from Waste Technical Support Framework, up to the total value of £5 million when required to do so under the scheme of delegations.

 

3.      That the contract for NHS Health Checks with GP practices at paragraph 2.23 of the report be varied for two and a half years from 1 September 2024 to 31 March 2027 with a variation value of £499,999.

 

4.      That the contract for the provision of Funeral Services be awarded to Central England Co-operative, Central House, Queen Street, Lichfield, Staffs WS13 6QD for an initial term of five years from 1 August 2024 to 30 July 2029 with an option to extend for two further periods of one year to 30 July 2031 for a total contract value of £500,290.

 

5.      That the contract for Sexual Health services in Primary Care to various GP Practices and Primary Care Networks (PCN) at paragraph 4.20 of the report be varied for three years from 1 September 2024 to 31 August 2027, with a variation value of £450,000.

14.

City Centre West - Development Agreement

[To approve the Council entering into a Development Agreement, Option, Buy Back Agreement, Lease and ancillary agreements to support the development of City Centre West]

Decision:

1.      That the entry into the Development Agreement, Option, Lease, Buy Back agreement and ancillary agreements including sub agreements required to support the delivery of City Centre West be approved.

 

2.      That the Chief Operating Officer be authorised to negotiate, execute, seal and complete all necessary and ancillary agreements to give effect to this recommendation.

         

3.      That it be noted that the opportunity to acquire third party land assets within the red line on the site plan attached at Appendix 2 to the report would be subject to a later Cabinet approval.

 

4.      That it be noted that the Development Agreement provides flexibility to add additional land to the red line area. Future additional land would be subject to a later Cabinet approval.

 

5.      That it be noted that any decisions to dispose of land at below market value would be subject to a later Cabinet approval.

 

6.      That ongoing positive negotiations to move the food and events space, currently ear-marked for Bell Street, to Market Square, to support wider ambitious plans to create a ‘destination of choice’ at city centre west, potentially boosting the profile and marketability of the location be noted. Any changes would be subject to a later Cabinet approval.

 

7.      That it be noted that any development area that is currently used as parking for vehicles, the Council would need to follow the statutory procedure to appropriate such land with the necessary consultation pursuant to Section 122 of the Local Government Act 1972. This states that the Council may appropriate for any purpose for which the Council are authorised by this or any other enactment to acquire land by agreement any land which belongs to the Council and is no longer required for the purpose for which it is held immediately before the appropriation.

 

8.      That the risk and associated mitigation measures detailed in section 4.4 of the report be noted.