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Board Meeting

Friday 17 March 2017

Minutes

Members Birmingham City Council Councillor Ian Ward City of Council Councillor Roger Lawrence City of Wolverhampton Council Councillor Peter Bilson Coventry City Council Councillor George Duggins Coventry City Council Councillor Abdul Khan Metropolitan Borough Council Councillor Pete Lowe Sandwell Metropolitan Borough Council Councillor Steve Trow Solihull Metropolitan Borough Council Councillor Bob Sleigh – Chair Solihull Metropolitan Borough Council Councillor Robert Hulland Walsall Metropolitan Borough Council Councillor Sean Coughlan Black Country Consortium Ninder Johal Cannock Chase District Council Councillor George Adamson Nuneaton and Bedworth Council Councillor Dennis Harvey Redditch Borough Council Councillor Bill Hartnett North Warwickshire Borough Council Councillor David Humphreys Rugby Borough Council Councillor Michael Stokes Stratford –on- Avon District Council Councillor Chris Saint Warwickshire County Council Councillor Izzi Seccombe

Observers Police & Crime Commissioner David Jamieson

Co-Optees Trade Union Congress Lee Barron

Officers In Attendance Birmingham City Council Angela Probert City of Wolverhampton Council Rachel Ratcliffe Dudley Metropolitan Borough Council Sarah Norman Sandwell Metropolitan Borough Council David Stevens Solihull Metropolitan Borough Council Rachel Egan Walsall Metropolitan Borough Council Paul Sheehan Black Country Consortium Sarah Middleton Greater Birmingham and Solihull LEP Katie Trout Telford and Wrekin Council Richard Partington Cannock Chase District Council Tony McGovern Nuneaton and Bedworth Council Brett Davies This report is PUBLIC [NOT PROTECTIVELY MARKED]

Redditch Borough Council Kevin Dicks North Warwickshire Borough Council Jerry Hutchinson Rugby Borough Council Adam Norburn Stratford-on- Avon District Council David Buckland Warwickshire County Council Monica Fogarty Herefordshire Council Richard Gabb Shropshire Council Clive Davies Shropshire Council Gemma Davies Police & Crime Commissioner Office Ben Twomey Transport for Laura Shoaf Transport for West Midlands Phil Hewitt West Midlands Combined Authority James Aspinall West Midlands Combined Authority Jan Jennings West Midlands Combined Authority Mark Langford Birmingham City Council Rob Connelly Birmingham City Council Tony Smith West Midlands Combined Authority Richard Kenny City of Wolverhampton Council Louise Sketchley City of Wolverhampton Council Jaswinder Kaur Solihull Metropolitan Borough Council Andrew Kinsey Chair of Transport Delivery Committee Councillor Richard Worrall

Item Title No. 1. Meeting Business Items

1.1 Apologies for absence

Apologies for absence were received from Councillor John Clancy (substituted by Councillor Ian Ward), Councillor Steve Eling (substituted by Councillor Steve Trow), Councillor Ian Courts (substituted by Councillor Robert Hulland), Councillor Lee Jeavons, Stewart Towe (substituted by Ninder Johal), Jonathan Browning, Steve Hollis, Councillor Shaun Davies, Councillor Malcolm Pate, Councillor Steven Claymore, Councillor Tony Johnson, Graham Wynn and Councillor John Edwards.

Councillor Bob Sleigh welcomed Lee Barron from the Trade Union Congress.

1.2 Declarations of Interest (if any)

There were no declarations of interest.

1.3 Minutes of the WMCA Meeting held 3 March 2017

That the minutes of the meeting held on the 3 March 2017 be approved as an accurate record.

1.4 Forward Plan This report is PUBLIC [NOT PROTECTIVELY MARKED]

Councillor Bob Sleigh advised the West Midlands Police and Crime Commissioner would present a report on Unauthorised Encampments Summit and the Gangs and Violence Commission at the next Board meeting.

Resolved:

1. That the forward plan be noted.

1.5 Chairs Remarks

Councillor Bob Sleigh advised that some members were not in attendance due to attendance at MIPIM.

2. Chair of the West Midlands Combined Authority

2.1 Minutes of the Investment Board – 21 November 2016

Resolved:

That the minutes of the Investment Board held on 21 November 2016 be noted.

2.2 Minutes of the Overview & Scrutiny Committee - 27 January 2017

Resolved:

That the minutes of Overview & Scrutiny Committee held on 27 January 2017 be noted.

2.3 Minutes of the Transport Delivery Committee - 6 February 2017

Resolved:

That the minutes of the Transport Delivery Committee held on 6 February 2017 be noted.

2.4 Appointment of WMCA Returning Officer

Councillor Bob Sleigh presented a report to appoint a Combined Authority Returning Officer in respect of the Combined Authority Mayoral election on 4 May 2017.

Resolved:

1. That the decision to appoint the Returning Officer of Birmingham as the West Midlands Combined Authority Returning Officer be annulled.

2. That the Chief Executive of the Combined Authority be This report is PUBLIC [NOT PROTECTIVELY MARKED]

appointed as the West Midlands Combined Authority Returning Officer.

3. Health and Wellbeing

3.1 West Midlands on the Move 2017 – 30 Physical Activity Strategy

Councillor Pete Lowe provided an update on the West Midlands on the Move 2017 – 30 Physical Activity Strategy. He outlined the strategy was underpinned by the following six strands Employment, Education and Skills, Transport, Development and Regeneration of Urban and Rural Space, Emotional Health and Wellbeing, Community Capacity Building and Business Innovation, Technology and Data. He added the mayoral candidates would be briefed on the West Midlands on the Move 2017 – 30 Physical Activity Strategy. Endorsement of the strategy would take place through the Health Board and then the Board.

Councillor Ian Ward requested that the Sports strand on community cohesion be covered in the strategy. He also added that Birmingham City Council was currently undertaking a feasibility study on hosting the Commonwealth Games and if successful the opportunity should be used to increase grass route participation.

Councillor Chris Saint requested that members be provided with a preliminary draft to comment on, to ensure there was no overlap with existing plans locally within councils.

Councillor Izzi Seccombe requested that the Strategy and Commonwealth bid be used as an opportunity for school children to be involved in and improve lifestyles.

Councillor Pete Lowe welcomed the comments, the strategy would be congregated to benefit the whole region and clarified a written report would be provided at the 7 April 2017 meeting.

4. Transport

4.1 West Midlands Combined Authority Transport Plan 2017 – 2018

Councillor Roger Lawrence presented a report to review and approve the 2017/18 West Midlands Combined Authority Transport Plan which sets out the delivery of objectives contained within the West Midlands Strategic Transport Plan. It was noted the Transport Delivery Committee had also considered the plan. The Annual Plan for the WMCA would be presented at a future Board meeting.

The West Midlands Police and Crime Commissioner welcomed the report however observed that the key transport priorities did not give suitable prominence to dealing with incidents on the road . He also stressed the level of cross partnership collaboration required when dealing with incidents. He requested that greater prominence be placed within the This report is PUBLIC [NOT PROTECTIVELY MARKED]

report on these issues.

Councillor Roger Lawrence responded that the Transport Plan 2017-2018 would be expanded to include detail on dealing with incidents. A small multi partnership task and finish group would be established to focus on road network incidents to ensure incidents were effectively dealt with by partners.

Resolved:

That the 2017/18 Combined Authority Transport Plan be approved.

4.2 Review of Swift Card Brand

Councillor Roger Lawrence presented a report on the introduction of a refreshed look and feel to the WMCA’s Swift Smartcard scheme and the continued expansion of Swift on the local rail network. It was noted the report had also been considered by the Transport Delivery Committee.

Resolved:

That the introduction of a refreshed branding for WMCA’s Swift Smartcard from week commencing 20 March 2017 be welcomed and approved. That the expansion of the Swift Smartcard scheme be welcomed and approved to cover the 12000 customers who purchased nTrain season tickets through WMCA’s Direct Debit scheme.

4.3 Second Resolution for Submission of the Transport & Works Act Order Application for the Midland Metro (Birmingham Eastside Extension) Order

Councillor Roger Lawrence presented a report and sought approval from the Board on the second resolution confirming the resolution to promote a Transport and Works Act Order for Midland Metro Birmingham Eastside Extension.

Resolved:

That a second resolution be passed to confirm the resolution passed on the 30th September 2016, authorising WMCA to submit an application for the Midland metro (Birmingham city Centre Extension) Order.

5. Finance and Investment

5.1 Financial Monitoring 2016 - 2017

Councillor Izzi Seccombe presented a report to provide an update of the WMCA finances as at the end of January 2017. She highlighted the key financial monitoring headlines.

Resolved: This report is PUBLIC [NOT PROTECTIVELY MARKED]

That the current financial position to the end of January 2017 be noted.

5.2 Budget for Mayor’s Office – Year 1

Councillor Izzi Seccombe presented a report to consider the range of possible budget options for the initial 11-month period before the Mayor was able to levy a precept to fund their office and associated requirements. The Board was recommended to approve option 2 which would be funded through gain share.

The West Midlands Police and Crime Commissioner observed that it could be seen as peculiar that a Non-Constituent Member, with a democratic mandate outside the mayoral area, was reporting and making recommendations on the budget for the mayor’s office. He added that there appeared to be no flexibility on an incoming mayor deciding where to locate their own office.

Councillor Bob Sleigh clarified that Councillor Izzi Seccombe was presenting the report as portfolio lead for finance and investment and that the mayor was being offered a location for their office.

Councillor Izzi Seccombe added she offered an independent viewpoint as a Non-Constituent and ultimately the decision was for Constituent members to make.

Resolved:

That Option 2 be approved, detailed in paragraph 5.0 of the report, as the budget for the Mayoral office for the period 5 May 2017 to 31 March 2018.

5.3 Membership and Voting Rights on the Investment Board – to agree revised formula

Councillor Izzi Seccombe presented a report to inform the Board of the outcome of the Investment Board’s proposal to consider the membership and voting rights of the WMCA Investment Board. She outlined the proposed weighting of voting as detailed in the report.

The West Midlands Police and Crime Commissioner observed that the Secretary of State had confirmed that devolution investment could only be made in the mayoral area. However in section 2.1 of the report reference was made to Non-Constituent membership in the context of investment.

Councillor Bob Sleigh clarified that at this stage, devolution was to be devolved to the Constituent Members, however Non-Constituent Members can benefit from investment opportunities.

Councillor Izzi Seccombe added as portfolio lead for finance and investment she had the opportunity to represent Non-Constituent members and the LEP nominations would also represent the Non- This report is PUBLIC [NOT PROTECTIVELY MARKED]

Constituent members.

Councillor Roger Lawrence went on to add that the initial membership was identified at section 2.1 of the report and the proposed membership was outlined at section 3.1.

Resolved:

That the revised proposal for membership and voting rights for the Investment Board be approved as detailed in section 3 of the report.

5.4 Land Fund: Black Country Strategic Brownfield Land Programme Bid

Councillor Izzi Seccombe introduced a report which summarised the Black Country Land Development programme, proposed by the Black Country LEP (BCLEP), which seeks to deliver a wide-ranging Brownfield Land site preparation and remediation programme to bring forward a portfolio of strategic sites for Commercial and Residential development. She added the Investment Board had unanimously agreed to support the proposal.

Councillor Sean Coughlan thanked colleagues for the support on the Black Country brownfield programme. He outlined the benefits the programme would deliver in the Black Country and made reference to the focus within the Land Commission Report on the remediation of brownfield sites. He reiterated the WMCA would protect the members it represented in relation to land and housing.

Resolved:

1. That a £53m facility to be made available to the Black Country LEP from 2017/18 be approved to deliver a remediation programme designed to deliver 1600 houses, 1800 jobs and 126,000 sqm of commercial floorspace.

2. That it be noted a future proposal will be brought to the Combined Authority supporting the Black Country wide strategic Land programme for a minimum of £150m, subject to the success of this initial phase.

3. That it be noted agreement had been reached via Management Board, for an officer form the WMCA to sit on the Funding Sub- Board of the Black Country LEP.

4. That it be noted that recognition would be afforded to the WMCA, through use of their branding and logo on sites being remediated. This report is PUBLIC [NOT PROTECTIVELY MARKED]

5.5 Midland Metro - Centenary Square/Edgbaston (Five Ways) Extensions

Councillor Izzi Seccombe introduced a report to advise the Board of the recommendations and decisions of the Investment Board relating to the proposed extension of Midland Metro to Centenary Square and Edgbaston (via Five Ways).

Councillor Roger Lawrence outlined the process to progress the Midland Metro - Centenary Square/Edgbaston (Five Ways) Extension. The legal and financial implications were drawn to the Board’s attention.

Resolved:

1. That the submission by the WMCA to the Secretary of State for Transport of an application for The Midland Metro (Birmingham City Centre Extension, etc.) (Edgbaston Extension Land Acquisition) Order (“the Order”) be approved.

2. That the associated commitment of £59.0m of WMCA funding to the scheme within the context of the overall funding requirement of £149.2m be approved.

3. That the submission of the Full Business case to the Department for Transport requesting funding of £59.8m towards the project be approved.

4. That it be noted the approval by the Investment Board of drawdown of up to £8.7m of WMCA funding “at risk” pending DfT’s acceptance of the final Business Case.

5. That the TfWM’s recommendations be adopted as set out in paragraphs 2.2.3 to 2.2.4 of the report.

6. Any Other Business

6.1 The Board commended the work of Mark Rogers on negotiating and finalising the initial devolution deal and progressing work for future devolution deals.

7. Date of Next Meeting

7.1 Friday 7 April 2017, 1100 – 1300

Resolved:

That the date and time of next meeting be noted. This report is PUBLIC [NOT PROTECTIVELY MARKED]

8. Exclusion of the Press and Public

Resolved:

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 relating to any individual, information which is likely to reveal the identity of an individual and/or information relating to the business affairs of any particular person (including the authority holding that information)]

Part 2 - Matters Not Open to the Public and Press

8.1 Midland Metro Future Operations

Councillor Roger Lawrence presented a report to seek the approval of the Combined Authority Board to operate Midland Metro through a wholly owned subsidiary Midland Metro Ltd on expiry of the existing PFI Concession between the Authority and Altram L.R.T. Ltd on 1 October 2018.

Resolved:

1. That the transfer of Metro Operations and Maintenance activities to Midland Metro Limited on expiry of the existing Altram L.R.T. Ltd concession on 1 October 2018 be approved.

2. That the appointment of Laura Shoaf be approved and the existing appointments of James Aspinall, Linda Horne and Phil Hewitt as Directors of Midland Metro Limited be endorsed.

3. That the Directors of Midland Metro Limited be tasked with submitting a revised constitution and transition plan for submission to and approval by the Authority in July 2017.