Agenda, decisions and minutes

Decision: That the minutes of the Executive Cabinet meeting held on 20 June 2019 be confirmed as a correct record for signature by the Executive Leader. 

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations of interest.

Members of the public who have requested the opportunity to ask a question(s) on an item(s) on the agenda will have three minutes to put their question(s) to the respective Executive Member(s).  Each member of the public will be allowed to ask one short supplementary question. 

There were no public questions.

To consider and receive the report of the Director (Policy and Governance).

The report be noted.

Councillor Peter Wilson, Executive Member (Resources), presented the report of the Director (Policy and Governance) which sets out the performance against the delivery of the Corporate Strategy and Key Performance Indicators during the first quarter of 2019/2020. 

Overall, performance of key projects is very good, with nine (75%) of the projects rated as green and three (25%) projects rated amber with the action plan for each of these projects contained within the report. Performance of the Corporate Strategy indicators and key service delivery measures is excellent, with 100% of Corporate Strategy measures and 88% of key service delivery measures performing on or above target or within the 5% threshold. Action plans for those indicators performing below target were included in the report.

Members noted that, with regards to bin collection, Q1 figures had been impacted by the transition to a new waste contractor but that if performance did not improve by Q2 penalties for the contractor could be introduced. Members also noted that, with regards to Primrose Gardens, handover had proceeded despite the known snagging issues in order to meet timescales for funding.

Decision:

That the report be noted.

Reasons for Recommendation(s):

To facilitate the on-going analysis and management of the Council’s performance in delivering the Corporate Strategy.

Alternative Options Considered and Rejected:

None.

To consider and receive the report of the Chief Finance Officer.

1.    To note the full year forecast position for the 2019/20 revenue budget and capital investment programme.

2.    To note the forecast position on the Council's reserves.

3.    To request Council approval for the contribution of £57,000 from in-year revenue underspends to finance the Council’s Mayflower 400 celebrations.

4.    To request Council note the capital programme to be delivered in 2019/20 to 2021/22.

Councillor Peter Wilson, Executive Member (Resources), presented the report of the Chief Finance Officer which sets out the provisional revenue and capital outturn figures for the Council as compared against budgets and efficiency savings targets set for the financial year 2019/2020. Members noted the proposal for £57,000 from in-year revenue underspends to finance the Council’s Mayflower 400 celebrations. Councillor Wilson advised this included the creation of a fixed term Events Coordinator post who would support the council’s inclusion in the national programme of events.

Decision:

1.    To note the full year forecast position for the 2019/20 revenue budget and capital investment programme.

2.    To note the forecast position on the Council's reserves.

3.    To request Council approval for the contribution of £57,000 from in-year revenue underspends to finance the Council’s Mayflower 400 celebrations.

4.    To request Council note the capital programme to be delivered in 2019/20 to 2021/22.

Reasons for Recommendation(s):

To ensure the Council’s budgetary targets are achieved.

Alternative Options Considered and Rejected:

None.

To consider and receive the report of the Director (Early Intervention and Support).

That the majority of the Task Group’s recommendations, with the exclusion of item 12 and 13, are incorporated into a social Housing Standards Charter, to be developed and agreed with the Registered Housing Providers.

Councillor Peter Wilson, Executive Member (Resources), presented the report of the Director (Early Intervention and Support) which sets out the Executive Cabinet’s response to the Overview and Scrutiny Task Group’s recommendations regarding the quality and standards of housing in the social sector. Members noted that 29 out of the 31 recommendations were being agreed, with an alternative solution for the remaining two.

Decision:

That the majority of the Task Group’s recommendations, with the exclusion of item 12 and 13, are incorporated into a social Housing Standards Charter, to be developed and agreed with the Registered Housing Providers.

Reasons for Recommendation(s):

The recommendation to create and agree a Social Housing Charter to include the majority of recommendations in partnership with the Registered Providers will providers will provide a workable document to acquire investment from social landlords. It will provide a standard which can be monitored and managed closely. This Charter will take an early intervention approach and ensure issues are raised and dealt with quickly by the council whilst working in partnership with local social landlords.

Alternative Options Considered and Rejected:

No alternatives considered.

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.

By Virtue of Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Condition:

Information is not exempt if it is required to be registered under-

The Companies Act 1985

The Friendly Societies Act 1974

The Friendly Societies Act 1992

The Industrial and Provident Societies Acts 1965 to 1978

The Building Societies Act 1986 (recorded in the public file of any building society, within the meaning of the Act)

The Charities Act 1993

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

To exclude the public and press.

Decision: To exclude the press and public for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.

To consider and receive the report of the Director (Business, Development and Growth).

1.    To acknowledge the risk associated with the delivery programme for the gypsy and traveller allocation.

2.    To note the further works to be undertaken to review options for the site.

Councillor Peter Wilson, Executive Member (Resources), presented the confidential report of the Director (Business Development and Growth) which updates Members on the progress of bringing forward the Employment site at Cowling Farm which incorporates the gypsy and traveller allocation for the Linfoot Family currently residing at Hut Lane.

Decision:

1.    To acknowledge the risk associated with the delivery programme for the gypsy and traveller allocation.

2.    To note the further works to be undertaken to review options for the site.

Reasons for Recommendation(s):

Progress works to look at alternative delivery options for Council Land at Cowling Farm.

Alternative Options Considered and Rejected:

Continue to progress with the proposed Employment scheme with gypsy and traveller allocation which would result in a loss to the Council.

To consider and receive the report of the Director (Business, Development and Growth).

1.    To acknowledge the possible Lancashire Environment Partnership (LEP) grant funding available for the development.

2.    To acknowledge the proposed procurement options.

3.    To delegate the appointment of project management, design and planning support for the Alker Lane Development to Executive Member (Resources) for option 1 or option 2.

4.    To delegate the appointment of any ecological consultants to undertake ecological mitigation works to Executive Member (Resources).

5.    Note that financial approval for the scheme construction costs will be subject to a separate budget report to Council in the foreseeable future.

6.    To acknowledge that officers will continue to progress mitigation of ecological constraints and diversion of the United Utilities water main to allow the funding programme to be achieved.

Councillor Peter Wilson, Executive Member (Resources), presented the confidential report of the Director (Business Development and Growth) which provides an update on the progress with the Alker Lane development, and confirms procurement options for bringing the site forward for development.

Decision:

1.    To acknowledge the possible Lancashire Environment Partnership (LEP) grant funding available for the development.

2.    To acknowledge the proposed procurement options.

3.    To delegate the appointment of project management, design and planning support for the Alker Lane Development to Executive Member (Resources) for option 1 or option 2.

4.    To delegate the appointment of any ecological consultants to undertake ecological mitigation works to Executive Member (Resources).

5.    Note that financial approval for the scheme construction costs will be subject to a separate budget report to Council in the foreseeable future.

6.    To acknowledge that officers will continue to progress mitigation of ecological constraints and diversion of the United Utilities water main to allow the funding programme to be achieved.

Reasons for Recommendation(s):

1.    To ensure continued progress of the development site to ensure that the corporate priorities are delivered.

2.    To generate jobs within Chorley.

3.    To ensure that timescales associated with the LEP funding are met, if the funding application is successful.

Alternative Options Considered and Rejected:

The Council could choose not to bring forward the site at this time and rely on other employment land owners to create the supply of employment premises of which there is a shortage in Chorley now and in the future. However, there is no guarantee that other land owners will bring forward their sites and in action by the Council will only seek to exacerbate the situation.

To consider and receive the report of the Director (Business, Development and Growth).

1.    To approve the allocation of the project budget.

2.    To approve the proposed procurement methodologies and evaluation criteria for three separate works contracts. These comprise the following:

·         Works Contract 1 - A single stage open tender with suitability questionnaire / quality element and JCT design and build contract for the pavilion, access and car park.

·         Works Contract 2 - A single stage open tender with suitability questionnaire / quality element and JCT Intermediate Contract for the grass playing pitch improvements.

·         Works Contract 3 - An NEC design and build Contract for the artificial grass pitch (AGP) procured through the Manufacturer Led Artificial Grass Pitch (AGP) Framework.

Councillor Peter Wilson, Executive Member (Resources), presented the confidential report of the Director (Business Development and Growth) which seeks approval for the allocation of the project budget for the Westway Sports Hub, and the procurement approach and evaluation criteria for the for the appointment of a contractors to deliver the Hub.

Decision:

1.    To approve the allocation of the project budget.

2.    To approve the proposed procurement methodologies and evaluation criteria for three separate works contracts. These comprise the following:

·         Works Contract 1 - A single stage open tender with suitability questionnaire / quality element and JCT design and build contract for the pavilion, access and car park.

·         Works Contract 2 - A single stage open tender with suitability questionnaire / quality element and JCT Intermediate Contract for the grass playing pitch improvements.

·         Works Contract 3 - An NEC design and build Contract for the artificial grass pitch (AGP) procured through the Manufacturer Led Artificial Grass Pitch (AGP) Framework.

Reasons for Recommendation(s):

1.    Works Contract 1 - The use of an open tender process, with a quality element, for the pavilion, access and car parking is the best way of delivering a significantly better price for this element of the works and better value for the project within the budget. The majority of the design work would be drawn and detailed at tender stage to ensure the Council and Football Foundation get what they are expecting from the process. Design and build procurement is proposed to increase cost certainty on the project whilst reducing the contract risk remaining with the Council.

2.    Works Contract 2 - The use of an open tender process, with a quality element, for the grass pitch improvement is the best way of delivering a significantly better price for this element of the works and better value for the project within the budget.

3.    Works Contract 3 - Use of the Football Foundation Framework for the delivery of the AGP is a requirement of the Football Foundation and a successful funding bid will require the use of this Framework. Chorley Council Contracts Procedure Rules provide for Tenders to be invited and received by the public sector framework provider in accordance with their rules (CPR 31.2).

Alternative Options Considered and Rejected:

1.    Works Contract 1 - Use of compliant public sector framework agreements were considered for the delivery of the pavilion, access and car park works contract, however contractors included on such framework agreements tend to be very large companies and consultant’s advice received is that given the value of the proposed works contract, a framework approach may not deliver best value. Openly advertised tender with a quality element is considered the best way of delivering the project within budget. Traditional specification / contract was also considered for pavilion, access and car park works however the use of a heavily specified design and build contract (with the exception of the mechanical and electrical design which would be output driven) is considered to be best approach.

2.    Works  ...  view the full minutes text for item 19.EC.134