Agenda and decisions

Members of the public intending to attend the meeting are asked to please note that, in the interests of health, safety and security, bags maybe searched on entry to the building.  Everyone attending this meeting is also asked please to behave with due courtesy and to conduct themselves in a reasonable way.

Please note: if the alarm sounds during the meeting, everyone should please exit the building via the way they came in, via the main entrance lobby area, and then the front ramp. Please then assemble on the paved area in front of the building on College Green by the flag poles.

If the front entrance cannot be used, alternative exits are available via staircases 2 and 3 to the left and right of the Conference Hall. These exit to the rear of the building. The lifts are not to be used. Then please make your way to the assembly point at the front of the building.  Please do not return to the building until instructed to do so by the fire warden(s).

To note any declarations of interest from the Mayor and Councillors.  They are asked to indicate the relevant agenda item, the nature of the interest and in particular whether it is a disclosable pecuniary interest.

Any declarations of interest made at the meeting which is not on the register of interests should be notified to the Monitoring Officer for inclusion.

Up to one hour is allowed for this item

Any member of the public or Councillor may participate in Public Forum. Petitions, statements and questions received by the deadlines below will be taken at the start of the agenda item to which they relate to.

Petitions and statements (must be about matters on the agenda):

• Members of the public and members of the council, provided they give notice in writing or by e-mail (and include their name, address, and ‘details of the wording of the petition, and, in the case of a statement, a copy of the submission) by no later than 12 noon on the working day before the meeting, may present a petition or submit a statement to the Cabinet.

• One statement per member of the public and one statement per member of council shall be admissible.

• A maximum of one minute shall be allowed to present each petition and statement.

• The deadline for receipt of petitions and statements for the 24 January 2023

 Cabinet is 12 noon on Monday 23 January. These should be sent, in writing or by e-mail to: Democratic Services, City Hall, College Green,Bristol, BS1 5TR

e-mail: democratic.services@bristol.gov.uk

Questions (must be about matters on the agenda):

• A question may be asked by a member of the public or a member of Council, provided they give notice in writing or by e-mail (and include their name and address) no later than 3 clear working days before the day of the meeting.

• Questions must identify the member of the Cabinet to whom they are put.

• A maximum of 2 written questions per person can be asked. At the meeting, a maximum of 2 supplementary questions may be asked. A supplementary question must arise directly out of the original question or reply.

• Replies to questions will be given verbally at the meeting. If a reply cannot be given at the meeting (including due to lack of time) or if written confirmation of the verbal reply is requested by the questioner, a written reply will be provided within 10 working days of the meeting.

• The deadline for receipt of questions for the 24 January 2023 Cabinet is 5.00 pm on Wednesday 18 January 2023. These should be sent, in writing or by e-mail to: Democratic Services, City Hall, College Green, Bristol BS1 5TR.

Democratic Services e-mail: democratic.services@bristol.gov.uk

PLEASE NOTE - The Public Forum deadline for questions has been extended for the following items:

·       Budget report & Treasury Management Strategy 2023/24 (item 8)

·       Dedicated Schools Grant budget proposals 2023/24 (item 9)

·       Housing Revenue Account (HRA) Budget Proposals 2023/24 (item 10)

·       Financial Update Report – January 2023 (item 28)

The Public Forum deadline for questions for these items have been extended to Thursday 19^th January, 5pm.

When submitting a question or statement please indicate whether you are planning to attend the meeting to present your statement or receive a verbal reply to your question

(subject to a maximum of three items)

To note any announcements from the Chair

The recommendation of Mayor’s budget proposals to Council in respect of 2023/24 as set out in the report, subject to any agreed amendments:

Noted:

1.      That a report from the Budget Scrutiny Committee would follow after their meeting on 2 February 2023.

2.      The budget consultation process that was followed and feedback as outlined in Section 18 of the budget report and Appendix 6.

3.      The categorisation of earmarked reserves and provisions set out in Section 15 of the report.

4.      That the budget consultation feedback and equality impact assessments had been taken into consideration and had informed the final budget proposals.

5.      The feedback provided by Bristol Schools Forum for Cabinet and Council, for consideration in making final decisions on the Dedicated Schools Budget for 2023/24 as set out in Appendix 14.

6.      The Statement of the Chief Finance Officer (s151 Officer) on the robustness of the budget and adequacy of reserves as set out in Section 17 of the main report.

That Cabinet recommended to Full Council:

7.      The Bristol City Council levels of Council Tax increase of 4.99%; which includes 2% precept to support Adult Social Care, noting the precepts of the Police and Crime Commissioner for Avon and Somerset and the Avon Fire Authority.

8.      The Council’s General Fund net revenue budget for the year 2023/24 as £483.5 million and expenditure allocations as set out in Appendix 1; subject to any budget amendments properly notified to and approved by the council in line with the Constitution. Page 3 3 Version Jan 2021

9.      That supplementary estimates be approved as part of the Budget 2023/24 Report in the case that they are required to meet Q3 2022/23 full year forecast spending requirements (see appendix 15.i,ii,iii)

10.  The council’s capital budget and programme for the years 2023/24 – 2032/33, totalling £2.0 billion

11.  The strategic Community Infrastructure levy allocations in section 11 be approved.

12.  The proposed Treasury Management Strategy for 2023/24 in Appendix 4, incorporating the Minimum Revenue Provision policy and the prudential indicators and limits.

13.  Approved the Strategy for the Flexible use of Capital Receipts as set out in Appendix 5.

14.  Approved the additional Council Tax premiums relating to empty and second homes outlined in Appendix 12 be applied from 1 April 2024, or as soon as possible thereafter, subject to the required legislation being in place.

Delegate Authority:

15.  The delegation of authority to the Director of Finance after consultation with Designated Deputy Mayor with responsibility for City Economy, Finance, and Performance and the Mayor, to make any necessary technical adjustments that may be required to the budget with transfers to and or from reserves as appropriate.

The Cabinet recommended the following proposals to full Council:

Approved 2023/24 DSG budget:

1.      Schools Block (detail in Appendix A3)

a.      The Schools Block budget be set at £323.851m for 2023/24, as per Table 1.

b.      £1.627m of the overall Schools Block DSG be transferred to the High Needs Block and earmarked to support the Education Transformation Programme.

c.       The basis for distributing the funding to mainstream schools be as set out and agreed by Schools Forum (Appendix A.3)

d.      The Growth Fund for established schools expanding in September 2023 be set at £2.0m (a component of the total Schools Block budget).

2.      Central School Services Block (detail in Appendix A2)

a.      Following Schools Forum agreement, approve the Central School Services Block budget is set at £2.717m for 2023/24.

3.      High Needs Block (detail in Appendix A2)

a.      Approved the High Needs Block budget be set at £88.131m for 2023/24 as per Appendix A2, after receiving transfers of £1.627m from Schools Block noting that this level of budget is estimated to lead to a cumulative deficit in the High Needs Block in the region of £62m by the end of March 2024.

4.      Early Years Block (detail in Appendix A2)

a.      Approved the Early Years Block budget be set at £38.526m for 2023/24, noted that spend and DSG income would fluctuate, according to participation levels in each of the three school terms

b.      Approved the Funding for Early Years should be distributed in line with the arrangements explained in the report to Schools Forum (Appendix A2).

Cabinet noted the following:

5. Overall position – Noted

a.      The 2023/24 DSG overall allocation of £453.226m, an uplift of £29.838m or 7.0% from the previous year.

b.      The Education Service would continue to work with the Schools Forum and the respective Task and Finish Groups (High Needs Task and Finish Group; Early Years Task and Finish Group) and via education transformation programmes such as the Belonging with SEND programme and DfE DBV Programme to explore sustainable mitigation options to bring the DSG budget to an affordable position over the medium term.

c.       Bristol Schools’ Forum’s (SF) feedback on 2023/24 DSG budget:

i.        Whilst more funding is welcomed in the new financial year, Council are asked to note the substantial cost pressures in the sector and significant challenges in Early Years and High Needs.

ii.   Continued concern from the SF regarding falling rolls in primary schools.

iii.   Schools Block - moving towards hard National Funding Formulae (NFF) means further deviation from local priority factors such as AEN and a need seek a transition factor in implementing this approach.

That Cabinet recommended the following proposals to full Council:

1.      Agreed and recommended a rent increase of 7% effective from Monday 03 April 2023 to Full Council, applicable to HRA dwelling (general needs accommodation, supported housing and temporary accommodation).

2.      Agreed and recommended the one-year revenue budget of £137.4m for 2023/24 set out in Appendix A1 to Full Council.

3.      Agreed and recommended the five-year capital programme 2023/24–2027/28 as detailed in Appendix A1 to Full Council.

4.      Authorised the Executive Director of Growth and Regeneration, in consultation with the Cabinet Member for Housing Delivery and Homes, to increase service charges (including district heating) and garage rents in line with inflation.

5.      Noted the key assumptions in the 30-year business plan and that the finance model is established within the agreed affordability principles summarised in Appendix A1, Table 4.

That Cabinet Agreed:

6.      Authorised the Executive Director of Growth and Regeneration in consultation with the Cabinet Member for Housing Delivery and Homes and the Council’s Section 151 Officer to submit appropriate funding applications (including Homes England grants for development) and if successful to:

o   Accept funding and agree associated grant terms/conditions (additional consultation required with Legal Services); and

o   spend the funding by delivery of the projects (set out in appendices A2 and A3) via compliant procurement routes; and

o   use HRA investment plan funds and or reserves to match fund projects to maximise funding opportunities; and

o   such authority to include decisions above £500K.

o   Delegated decisions relating to funding applications and associated projects will be published (Officer

o   Executive Decisions).

7.      Authorised the Executive Director of Growth and Regeneration in consultation with the Cabinet Member for Housing Delivery and Homes and the Council’s Section 151 Officer, subject to keeping within the approved overall HIP budget:

a.      To approve the priority of the procurement projects set out in Appendix A2, take all steps required to select the appropriate procurement route and to award the contract in line with the Councils procurement rules and regulations. Such authority to include decisions above £500K.

b.      to adjust and/or defer (from within the current year’s programme, including those set out in Appendix A2) any project(s) to fund the increased cost of any other project and/or to accommodate other changes in the programme subject to keeping within the approved overall budget. Delegated decisions to adjust or defer the programme will be published (Officer Executive Decisions).

8.      Authorise the Executive Director Growth and Regeneration consultation with the Cabinet Member for Finance, Governance and Performance and the Cabinet Member for Housing Delivery and Homes and the Council’s Section 151 Officer to:

a.      Approve the priority of the procurement projects set out in Appendix A3 and take all steps required to procure and award contracts (including goods, works and professional services) during 2023/24 to deliver the HRA Development Programme capital investment plans detailed in Appendix A3 (notwithstanding those individual contracts may exceed the key decision threshold)

b.      b. agree the allocation of financial expenditure on schemes within the  ...  view the full decision text for item 10.

1.      Approved the incorporation of additional capital to the Bristol Beacon Transformation Project of £25m from Bristol City Council’s own capital programme and resources funded by Prudential Borrowing (proposed to be released from capital programme contingency) with a total project cost of £131.9m. BCC total contribution will be £83.9m.

2.      Authorised the Executive Director for Growth & Regeneration in consultation with Cabinet Member Finance, Governance and Performance, Section 151 officer and the Monitoring officer to take all steps required to enter into any contracts required and negotiate and agree any changes to existing contract terms (including those above a value of £500k) to give effect to the above including;

a.      Enter contracts for professional services required to complete the construction and renovation project

b.      Amend the construction contract and issue appropriate instructions and notifications

3.      To acknowledge that the project has changed fundamentally from its initial business case and that the future operation must set out to provide a revenue stream to Bristol city council to reflect the substantial investment in the asset. As a step towards that, authorise the Executive Director Growth and Regeneration to take all steps required to negotiate changes to the Entrustment Agreement and Collaboration Agreement with BMT to ensure that;

a.      There is no financial contribution from BCC to BMT

b.      future leasing arrangements with BMT will include revenue to the council

4.      In parallel with a renegotiation of a lease with BMT, Bristol City Council will undergo market testing to identify alternative operational models to ensure that as well as protecting the cultural impact of Bristol Beacon, the council receives value for money for its investment.

That Cabinet:

1.      Approved the allocation of CIL funding of £4M (£395,000 already drawn down) on the South Bristol Youth Zone and £3.275 M capital to enable the site, including an access road as outlined in this report.

2.      Approved the allocation of revenue funding from the Targeted Youth Support/Targeted Services budget of £400,000 per year for 3 years from 2026 for the safe running of the Youth Zone, representing 30% of the total running costs.

3.      Noted that the pre-opening year of 2024 and the first year of operation in 2025 will be paid from partner contributions through Onside.

4.      Approved the schedule of works to deliver the Youth Zone as set out in this report and Appendix A 5.

5.      Authorised the Executive Director Children’s and Education to take all steps required to spend the funding (including procuring and awarding contracts over £500k or entering into grant agreements) and deliver the Youth Zone as outlined in this report.

6.      Authorised the Director of Property Assets and Infrastructure in consultation with the Executive Director Children’s and Education to take all steps required to negotiate and agree terms for a lease of the land for a period of 125 years to the Onside charity for the purpose of the Youth Zone as outlined in this report.

7.      Noted the consultation report at Appendix B

That Cabinet:

1.      Noted the submission of a bid for grant funding to the DfE Children’s Home Capital Funding Programme.

2.      Authorised the Executive Director People, in consultation with Cabinet Member for Children, Education & Equalities to take all steps required to accept and spend £911,000 grant funding from the DfE Children’s Home Capital Funding Programme.

3.      Authorised the Executive Director in consultation with Cabinet Member for Children, Education and Equalities to take all steps required to procure and award the contract(s) necessary for the implementation of a Tier 3.5 and an Adolescent Males Children’s Home and commission a provider to run the homes, in-line with the maximum budget envelopes outlined in this report.

4.      Authorised the Executive Director to invoke any subsequent extensions/variations specifically defined in the contract(s) being awarded, up to the maximum budget envelope outlined in this report.

That Cabinet:

1.      Noted the outcome of the Local Area Re-inspection October 2022.

2.      Approved the identified next steps required following inspection as outlined in this report (Recommendations 9-11):

a.      To agree and submit an Accelerated Action Plan (AAP) by the 1st February deadline (fuller details in 9. of Recommendations);

b.      To align the SEND Partnership Plan (SPP) with the outcomes of the Local Area inspection under 6 key themes (fuller details in 10. of Recommendations);

c.       To set up clear governance arrangements to oversee the SPP and AAP including a SEND Partnership Group (SPG) (fuller details in 11. of Recommendations).

3.      Authorised the Executive Director Children and Education in consultation with the Cabinet Member for Children’s Services, Education and Equalities to develop and implement the SEND Partnership Plan and Accelerated Action Plan.

4.      Noted that future updates on the implementation and impact of the Plans will be brought back to Cabinet for information.

That Cabinet:

1.      Noted the emergency key decision taken by the Executive Director Adults and Communities to take all steps required to spend the funding (including entering into grant agreements) in accordance with the spending plan for the £1.69m Adult Social Care Discharge Fund which was submitted on the 16th December 2022 as outlined in this report and appendix A.

That Cabinet:

1.      Authorised the Executive Director Adults and Communities in consultation with the Cabinet Member for Adult Social Care and the Integrated Care System to take all steps required to spend the s256 funding of £3.3m allocated for Learning Disability & Autism (LDA) including procuring and awarding contracts (including individual contracts over £500k) as outlined in this report.

That Cabinet:

1.      Authorised the Director for Adult Social Care and Executive Director for Adults and Communities in consultation with Cabinet Member for Adult Social Care to undertake the spot purchasing of Residential and Nursing Care and supported accommodation statutory placements (and relevant combined packages featuring other care types) above the key decision threshold, until 31 March 2024 to align with the expiry of the current contractual frameworks.

2.      Noted that a report will be brought to Cabinet outlining the decisions approved above key decision threshold value on an annual basis.

That Cabinet:

1.      Approved the acceptance of Ministry of Justice funding of up to £556,096 for Independent Domestic Violence Advisors posts from 1 April 2023 to 31 March 2025 from the Office of the Police and Crime Commissioner for Avon and Somerset.

2.      Authorised the Director of Public Health to vary the Next Link plus contract as necessary to enable continued funding of the IDVA posts up to the maximum budget envelope outlined in this report.

3.      Authorised the Executive Director Adults and Communities, in consultation with the Cabinet Member for Public Health and Communities, to take all steps required to accept and spend future extensions of this funding which may be above the key decision threshold.

That Cabinet:

1.      Approved the submission of a bid for £5.2m of CRSTS LN funding to WECA and, if successful, to use the funding to complete the eight schemes detailed in this report and Appendix A.

2.      Authorised the Executive Director Growth and Regeneration, in consultation with the Cabinet Member for Transport, and S151 Officer, to take all steps required to submit the bid (including the provision of a full business case to WECA) and if successful, to accept and spend the funding to procure and award the contract(s) necessary for the implementation of the eight schemes, in-line with the procurement routes and maximum budget envelopes outlined in this report.

That Cabinet:

1.      Approved the introduction of Pay and Display Parking in District Car Parks laid out in this report and Appendix A.

2.      Approved the temporary closure of Clayton St Car Park and the sale of the 4 underused car parks mentioned in the report.

3.      Authorised the Executive Director Growth and Regeneration in consultation with the Cabinet Member for Transport, to undertake the necessary statutory procedures to implement these changes as outlined in this report and in Appendix A.

4.      Authorised the Director Economy of Place to consider any TRO objection report and decide whether the existing Traffic Regulation Order should be varied to include the car parks proposed in this report.

That Cabinet:

1.      Approved the Schedule of Fees and Charges as laid out in Appendix 1 to support the harbour authority to becoming financially self-sufficient.

2.      Approved the increase of fees and charges from Financial Year 2024/25 by RPI plus 5% to be reviewed in 2025/26.

3.      Authorised the Executive Director Growth and Regeneration to take all steps required to implement the fees and charges as outlined in this report.

That Cabinet:

1.      Approved the proposal to work with WECA to deliver a combined e-scooter and e-bike rental scheme covering the interim period up until any permanent scheme is introduced following new powers to regulate schemes.

2.      Approved the principle of providing formalised rental parking managed by Bristol City Council, including on[1]street parking hubs and charging for the use of parking at a rate which will not have a detrimental impact on parking income.

3.      Authorised the Executive Director Growth and Regeneration to take all steps required to deliver the combined e-scooter / e-bike scheme including formalising operating agreements with WECA and delivering formalised rental parking where opportunities arise within existing programmes

4.      Authorised the Executive Director Growth and Regeneration in consultation with the Cabinet Member for Transport to bid for capital funding to deliver a large-scale rollout of rental parking.

That Cabinet:

1.      Approved the rollover of investment to current Openness organisations for a further 12 months (April 2023- March 2024) at a cost of £387,750.

2.      Approved the approach to finalising recommendations for the allocation of Imagination funding 2023-25 (delayed until June 2023) and Openness funding (delayed until April 2024 – March 2025) in accordance with the process agreed by Cabinet in 2017.

3.      Authorised the Executive Director Growth and Regeneration in consultation with the Mayor to take all steps required to award the funding as approved and enter into grant agreements, subject to the budget being approved at Full Council.

That Cabinet:

1.      Authorised the Executive Director for Growth and Regeneration, in consultation with the Cabinet Member for Climate, Ecology, Energy and Waste and the s151 Officer, to (if successful), enter into a grant agreement to accept and spend £11,393,650 Home Upgrade Grant (HUG2) awarded by central government to Bristol City Council and its partners to deliver energy efficiency and renewable measures to low-income private households with poor energy efficiency ratings.

2.      Authorised the Executive Director for Growth and Regeneration, in consultation with the Cabinet Member for Climate, Ecology, Energy and Waste and the s151 Officer, to bid for, enter into a grant agreement to accept, and spend any additional funding or extensions offered on the Home Upgrade Grant up to end 2025, provided that the grant conditions remain materially the same and it is 100% grant funded.

3.      Authorised the Executive Director for Growth and Regeneration, in consultation with the Cabinet Member for Climate, Ecology, Energy and Waste to procure and award the contract(s) (which may be over £500k) necessary for the implementation of Home Upgrade Grant, in line with the procurement routes and maximum budget envelopes outlined in this report, noting the associated Legal commentaries.

4.      Authorised the Executive Director for Growth and Regeneration to invoke any subsequent extensions/variations specifically defined in the contract(s) being awarded, up to the maximum budget envelope outlined in this report in line with the provisions of the grant agreement.

That Cabinet:

1.      Approved the 6 assets listed in Appendix A be declared surplus to Council requirements and subject to them not being considered suitable for HRA transfer, or sold to a registered provider, to be disposed of on the open market for the best consideration.

2.      Authorised the appropriation of any suitable properties to the HRA if required.

3.      Authorised the Head of Property and FM to place the properties with agents using existing contracts

4.      Authorised the Head of Corporate Landlord or Asset Delivery Manager in consultation with the Cabinet Member City Economy, Finance and Performance, in accordance with the Council’s scheme of delegations, to take all steps required to ensure any route for disposal of the assets ensures best value is obtained for each property.

That Cabinet:

1.      Approved the procurement of a framework of suppliers for bespoke print services for a maximum of 4 years at a cost of up to £1.5m for Bristol City Council.

2.      Authorised the Chief Executive in consultation with the Cabinet Member Finance, Governance and Performance to procure and award the contract necessary for the implementation of bespoke print services, in-line with the procurement routes and maximum budget envelopes as outlined in this report.

3.      Authorised the Chief Executive to invoke any subsequent extensions/variations specifically defined in the contract terms (within a maximum of a 4-year duration)

That Cabinet:

1.      Authorised the Executive Director Growth and Regeneration in consultation with the Cabinet Member Public Health, Communities and Bristol One City to take all steps required to procure and award a 4 year contract for food, beverage and catering supplies from 1st June 2023 as outlined in this report.

2.      Noted there is the intention to review the operation, of food, beverage and catering outlets in parks.

3.      Agreed that by no later than May 2023 an outline business case for the review of operating models for Parks’ food and beverage and catering outlets, including alternative delivery models will be presented to cabinet for a decision.

That Cabinet noted:

1.      The General Fund risk adjusted forecast overspend of £9.5m, noting further mitigations continue to be explored.

2.      That supplementary estimates will be presented for approval as part of the Budget 2023/24 Report in the case that in the case that they are required to meet Q3 2022/23 full year forecast spending requirements.

3.      Technical virements since Q2 (see Table 2 and Table 3 of Appendix A)

4.      The forecast overspend of £8.0m within the HRA (with actual end of year position being funded by a transfer to or from the HRA general reserve).

5.      The forecast in-year deficit of £18.8m accumulating to a total £43.5m carried forward deficit in the DSG for 2023/24, and that the Council and the Schools Forum are developing a mitigation plan which will seek to address the High Needs overspend.

6.      The forecast £21.7m underspend within the General Fund and HRA against the latest approved Capital Programme’s Budget and request to reprofile this underspend into future periods.

7.      Cabinet is noted the latest position on the balance sheet risks as set out in section 10, table 13.

That Cabinet approved:

1.      The reprofiling of forecast Capital underspend of £21.7m from 2022/23 into future periods

That Cabinet:

1.      Noted the current strategic risks and mitigating actions being taken to reduce to within tolerance.