Agenda, decisions and minutes

Decision: That the minutes of the Executive Cabinet meeting held on 14 March 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 interests.

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 received.

To receive the report of the Overview and Scrutiny Task Group and accept it for consideration, with a view to the Executive Cabinet’s recommended response to the recommendations being reported to a future meeting.

The report of the Overview and Scrutiny Task Group be received and accepted for consideration, with a view to the Executive Cabinet’s recommended response to the recommendations being reported to a future meeting.

The Chair of the Overview and Scrutiny Committee, Councillor John Walker, presented the report.

The review had identified 31 recommendations which would be worked through by Councillor Graham Dunn, Interim Executive Member (Housing), for response.

Councillor Walker thanked the Chair, Councillor Matthew Lynch, members of the Task Group, and officers involved with the inquiry.

Decision: Approval granted that the report of the Overview and Scrutiny Task Group be received and accepted for consideration, with the Executive Cabinet’s recommended response to the recommendations being reported to a future meeting.

Report of the Chief Executive.

1.    Members to approve the creation of two new posts in Shared Financial Services so that the service can meet its statutory closure of accounts requirements in 2019/20 and provide additional capacity and succession planning for procurement services.

2.    To note the Shared Financial and Assurance Services Service Plan 2019/20 in Appendix 1 that was approved at Joint Committee on 3 June 2019.

3.    To note that a more detailed review is to be brought back to the Shared Services Joint Committee to report progress and make further recommendations for approval at both councils.

Councillor Alistair Bradley, Executive Member (Economic Development and Public Service Reform), presented the report of the Chief Finance Officer which briefs members on the review of, and amendments to, the existing shared services for finance and assurance between Chorley Borough Council and South Ribble Borough Council.

Members discussed the report, noting that the proposals had been endorsed by Shared Services Joint Committee and formally approved by South Ribble Borough Council at their Cabinet meeting earlier in the week.

Decision:

1.    To approve the creation of two new posts in Shared Financial Services so that the service can meet its statutory closure of accounts requirements in 2019/20 and provide additional capacity and succession planning for procurement services.

2.    To note the Shared Financial and Assurance Services Service Plan 2019/20 in Appendix 1 that was approved at Joint Committee on 3 June 2019.

3.    To note that a more detailed review is to be brought back to the Shared Services Joint Committee to report progress and make further recommendations for approval at both councils.

Reasons for Recommendation(s):

The Shared Financial Services team has a responsibility to create the draft and final statement of accounts for both Chorley Borough Council and South Ribble Borough Council. A request for retirement has been made meaning for 2019/20 there will be no permanent staffing in place to provide the expertise to deliver both council’s statement of accounts. This role is specialised and it is therefore imperative that the service looks to replace this post as soon as possible.

In addition, to provide the necessary staffing resources to close both sets of accounts it is proposed to create a new Senior Financial Accountant role.

The procurement service continues to work at full capacity and has been especially stretched in recent months due to a number of large-scale projects requiring procurement support. The report proposes creating a graduate trainee post within procurement to provide the required additional capacity as well as ensuring there is sufficient succession planning within the service.

Alternative Options Considered and Rejected:

Do nothing – the council would be at great risk of not meeting its statutory obligations, external agency could be brought in to cover vacant positions however this would be expensive and would not provide a permanent solution for the service.

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

1.    Note the full year outturn position for the 2018/19 revenue budget and capital investment programme.

2.    Request Executive Cabinet approval for slippage requests outlined in Appendix 2 of the report to finance expenditure on specific items or projects in 2019/20.

3.    Request Council approval for the contribution of £162,000 from in-year revenue underspends to the Change Management Reserve to finance one-off redundancy and pension strain costs arising from transformation and shared service strategies.

4.    Request Council approval for the contribution of £71,000 from in-year revenue underspends to finance the National Graduate Development Programme (NGDP) in 2019/20 and 2020/21.

5.    Request Council approval for £55,000 to fund architect fees relating to requests from tenant liaison meetings requests and the costs of clerk of works at Market Walk Extension.

6.    Note the 2018/19 outturn position on the Council's reserves outlined in Appendix 4.

7.    Note the impact of the final capital expenditure outturn and the re-phasing of capital budgets to 2019/20 and approve the additions to the capital programme outlined in paragraph 70.

8.    Request Council approval of the financing of the 2018/19 capital programme to maximise the use of funding resources available to the Council.

Councillor Peter Wilson, Executive Member (Resources), presented the report of the Chief Finance Officer which presents the provisional revenue outturn figures for the Council as compared against the budgets and efficiency savings targets set for the financial year 2018/19 and the provisional outturn figures for the 2018/19 capital programme. It also updates the capital programme for financial years 2019/20 to 2021/22 to take account of the re-phasing of expenditure from 2018/19 and other proposed budget changes.

The accounts are provisional at this stage and are also subject to final checking and scrutiny by the Council’s external auditor. Members noted that, should there be any significant changes to the outturn as a result of this process, a further report will be submitted to Executive Cabinet.

Decision:

1.    Note the full year outturn position for the 2018/19 revenue budget and capital investment programme.

2.    Approve slippage requests outlined in Appendix 2 of the report to finance expenditure on specific items or projects in 2019/20.

3.    Request Council approval for the contribution of £162,000 from in-year revenue underspends to the Change Management Reserve to finance one-off redundancy and pension strain costs arising from transformation and shared service strategies.

4.    Request Council approval for the contribution of £71,000 from in-year revenue underspends to finance the National Graduate Development Programme (NGDP) in 2019/20 and 2020/21.

5.    Request Council approval for £55,000 to fund architect fees relating to requests from tenant liaison meetings requests and the costs of clerk of works at Market Walk Extension.

6.    Note the 2018/19 outturn position on the Council's reserves outlined in Appendix 4.

7.    Note the impact of the final capital expenditure outturn and the re-phasing of capital budgets to 2019/20 and approve the additions to the capital programme outlined in paragraph 70.

8.    Request Council approval of the financing of the 2018/19 capital programme to maximise the use of funding resources available to the Council.

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 (Policy and Governance).

That 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 fourth quarter of 2018/19, 1 January to 31 March 2019.

Overall, performance of key projects is very good, with nine (75%) of the projects rated as green or scheduled to start in quarter one 2019/20. Three (25%) projects are currently rated amber and the action plans for each of these projects are contained within the report.

Members noted that performance of the Corporate Strategy indicators and key service delivery measures is also very good with 75% of Corporate Strategy measures and 89% of key service delivery measures performing on or above target or within the 5% threshold. Those indicators performing below target have action plans outlined with measures to improve performance.

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

That the Director (Early Intervention and Support) be given delegated authority to finalise agreement with Inspire Youth Zone for the undertaking of the outreach work project.

Councillor Beverley Murray, Executive Member (Early Intervention and Support), presented the report of the Director (Early Intervention) which seeks approval for the provision of funding to Inspire Youth Zone for additional outreach work.

Members discussed the report, noting that although work has been undertaken to address some of the potential barriers to young people in outlying areas attending the Youth Zone, there is more work to be done to ensure that all young people in the borough are able to benefit from the facility.

Members discussed the problems regarding the provision of transport and noted that it is this would be one of the barriers to membership and/or attendance which will be examined in more detail as part of the consultation being proposed. It was noted that approximately 1200 young people attended the Youth Zone each week but that the report proposes outreach activities to take place in the identified areas as well as facilitating attendance on site. With regards to young people’s mental health, it was noted that existing work with the Health Trust and Clinical Commissioning Group involving smaller projects could be built upon.

Decision:

That the Director (Early Intervention and Support) be given delegated authority to finalise agreement with Inspire Youth Zone for the undertaking of the outreach work project.

Reasons for Recommendation(s):

Inspire Youth Zone has seen significant success since it opened with support from Chorley Council in 2018. The outreach project enabled through the funding will ensure that all young people from across the borough are supported to access its facilities.

Alternative Options Considered and Rejected:

To not provide the funding. This was rejected as it would mean that young people in some wards would not have the same level of support and access as those in other areas.

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).

To note and approve the attached revisions of the existing business grant eligibility and creation of proposed new grants: Strawberry Fields Digital Hub grant and Chorley Apprenticeship grant.

Councillor Alistair Bradley, Executive Member (Economic Development and Public Service Reform), presented the confidential report of the Director (Business, Development and Growth) which seeks approval of revisions to the existing business grant eligibility and creation of two new business grants.

Decision:

To note and approve the attached revisions of the existing business grant eligibility and creation of proposed new grants: Strawberry Fields Digital Hub grant and Chorley Apprenticeship grant.

Reasons for Recommendation(s):

Revision to the existing business grant eligibility would make the uptake of the Chorley BIG and Choose Chorley grant more appealing to businesses and to encourage further applications.

Creation of two new business grants including a Strawberry Fields Digital Hub and Chorley Apprenticeship grant would incentivise businesses to locate/relocate to Strawberry Fields Digital Hub and encourage employers to create apprenticeship opportunities for 18-24 year olds, given the lack of support for this younger age bracket, nationally.

Alternative Options Considered and Rejected:

Not making the changes to these grants would result in fewer businesses in being able to apply for assistance from Chorley Council and investment in the borough not being made or going elsewhere. The impact of not creating the new apprenticeship grant would have the effect of potentially fewer job opportunities being created for 19-24 year olds within the borough. Where these opportunities are made as degree apprenticeships the result could be a young person leaving the area to continue their higher education and not return to the area to the detriment of the local economy.

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

1.    To approve the procurement of a consultant team to progress site investigations and a feasibility study on the Bengal street site, to include the adjacent National Grid gas holder site.

2.    Agree that tender submissions will be evaluated on a 60% price/40% quality matrix.

3.    To agree that contract appointment for the feasibility assessment (all stages) will be delegated to the Executive Member (Resources).

4.    To agree that the Consultant will be appointed under an existing compliant Framework.

Councillor Steve Holgate arrived at 7.08pm

Councillor Alistair Bradley, Executive Member (Economic Development and Public Service Reform), presented the confidential report of the Director (Business, Development and Growth) which advises Members on proposals for the development of the Bengal Street site and seeks approval to procure a consultant team to undertake intrusive site investigations, and complete a feasibility study and outline business plan for the development of the Bengal Street site and adjacent National Grid Gas holder site.

Decision:

1.    To approve the procurement of a consultant team to progress site investigations and a feasibility study on the Bengal street site, to include the adjacent National Grid gas holder site.

2.    Agree that tender submissions will be evaluated on a 60% price/40% quality matrix.

3.    To agree that contract appointment for the feasibility assessment (all stages) will be delegated to the Executive Member (Resources).

4.    To agree that the Consultant will be appointed under an existing compliant Framework.

Reasons for Recommendation(s):

To draw down on the funding from One Public Estate within the required timescales.

To ascertain the financial and commercial feasibility of any development at Bengal street, that will consider any constraints and funding opportunities.

To provide a number of options for the Bengal development that will be presented to the Members.

To improve the assets to provide excellent facilities for the residents of Chorley and encourage inward investment in the Borough.

To develop relationships with other public sector bodies and key stakeholders that will be beneficial for all.

Alternative Options Considered and Rejected:

Do nothing – rejected as this will not deliver the council’s corporate objectives.

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

1.    To approve the proposed feasibility works.

2.    To approve the appointment under the NHS SBS Framework to support Officers in completing the feasibility study and business plan for the Tatton development.

3.    To note the availability of One Public Estate Funding to complete the feasibility study and business case.

4.    To approve the procurement of site investigations and preparatory works to be contained within the budget figure.

5.    To approve appointment for additional works associated with investigations and preparatory works to be contained within the budget figure.

Councillor Alistair Bradley, Executive Member (Economic Development and Public Service Reform), presented the confidential report of the Director (Business, Development and Growth) which provides an update on the proposed development feasibility for the former bus depot off Eaves Lane and the Tatton community centre, and seeks approval to appoint a consultant team to undertake a feasibility study and prepare a business case for development at Tatton.

Decision:

1.    To approve the proposed feasibility works.

2.    To approve the appointment under the NHS Shared Business Services Framework to support Officers in completing the feasibility study and business plan for the Tatton development.

3.    To note the availability of One Public Estate Funding to complete the feasibility study and business case.

4.    To approve the procurement of site investigations and preparatory works to be contained within the budget figure.

5.    To approve appointment for additional works associated with investigations and preparatory works to be contained within the budget figure.

Reasons for Recommendation(s):

To ascertain the financial and commercial feasibility of any development at Tatton, that will consider any constraints, funding opportunities and feedback from the local residents.

To provide a number of options for the Tatton development that will be presented to the Members.

To improve the assets to provide excellent facilities for the local residents and encourage inward investment in the Borough.

To promote a reduction in anti-social behaviour within the area by developing a scheme that compliments the surrounding area.

To promote the use of the space by the community and contribute to the health and wellbeing of the community.

Alternative Options Considered and Rejected:

Do nothing – rejected as this will not deliver the councils corporate objectives.

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

1.    To make a direct appointment under the Perfect Circle (Scape) framework using an NEC3 Professional Services Contract (Option A) to prepare a JCT Pre Contract Service Agreement (PCSA).

2.    To make a direct appointment under the Lancashire Regeneration Property Partnership (LRPP) Framework to act as Managing Contractor (subject to PCSA contract award).

3.    That the PCSA contract award be delegated to the Executive Member (Resources).

4.    That the contract award for the preparation of the JCT design and build Contract be delegated to Executive Member (Resources).

Councillor Alistair Bradley, Executive Member (Economic Development and Public Service Reform), presented the confidential report of the Director (Business, Development and Growth) which provides an update on the purchase of the property on Preston Road, Clayton-Le-Woods and the proposed development, and outlines the proposed procurement for the delivery of the GP surgery.

Decision:

1.    To make a direct appointment under the Perfect Circle (Scape) framework using an NEC3 Professional Services Contract (Option A) to prepare a Joint Contracts Tribunal (JCT) Pre Contract Service Agreement (PCSA).

2.    To make a direct appointment under the Lancashire Regeneration Property Partnership (LRPP) Framework to act as Managing Contractor (subject to PCSA contract award).

3.    That the PCSA contract award be delegated to the Executive Member (Resources).

4.    That the contract award for the preparation of the JCT design and build Contract be delegated to Executive Member (Resources).

Reasons for Recommendation(s):

To ensure we deliver the GP surgery within the most efficient timescales, within a cost-effective budget.

To develop a financial business model for the development which will inform the future decision to progress with the development.

To improve the asset to provide excellent facilities for the local residents and encourage inward investment in the Borough.

Alternative Options Considered and Rejected:

To procure the works under a competitive tender process. The development programme for the GP Surgery is of high priority with earliest delivery essential. To procure competitively would extend the works programme significantly.

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

1.    To approve the proposed Heads of Terms for occupying a unit in the Market Walk Extension.

2.    To authorise the Head of Legal Democratic and HR Services to prepare and complete an Agreement for Lease and Lease based on the agreed terms (Appendix A). That the Director of Business, Development and Growth have delegated authority to agree any minor changes to these Heads of Terms, such delegation to be exercised in consultation with the Executive Member for Resources.

3.    To approve the additional expenditure in the contract sum for providing a 17-person passenger lift to the unit.

Councillor Peter Wilson, Executive Member (Resources), presented the confidential report of the Director (Business, Development and Growth) which seeks approval for the proposed Heads of Terms for occupying a unit in the Market Walk Extension.

Decision:

1.    To approve the proposed Heads of Terms for occupying a unit in the Market Walk Extension.

2.    To authorise the Head of Legal Democratic and HR Services to prepare and complete an Agreement for Lease and Lease based on the agreed terms (Appendix A). That the Director of Business, Development and Growth have delegated authority to agree any minor changes to these Heads of Terms, such delegation to be exercised in consultation with the Executive Member for Resources.

3.    To approve the additional expenditure in the contract sum for providing a 17-person passenger lift to the unit.

Reasons for Recommendation(s):

The Market Walk Extension was initially conceived as a retail led development with a cinema; however, during the period of bringing the scheme to delivery, the retail market has become increasingly challenging. The internal configuration of extension has since been adapted to take account of market forces and reduce the floorplan given over to retail whilst expanding that available/suitable for leisure and/or food & beverage operators.

This proposal will provide another permanent attraction to the town centre leisure offer, and the financial offer is a good one.

Alternative Options Considered and Rejected:

A less substantial financial offer was received from another company, but this would have required significant changes to the structure, concessions on parking on the Flat Iron and the creation of a 5,000 sqft inaccessible void at first floor. It would also duplicate an offer already available within close-proximity and not add anything new to the town centre. For these reasons it was not progressed any further.

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

1.    That members approve:

a)    the procurement of additional CCTV equipment which will enable the existing Market Walk, as well as the new extension, to be monitored remotely by the Town Centre CCTV team.

b)    the creation of new Market Walk & Town Centre Ambassador posts to patrol the town centre streets assisting in customer nformation/stewarding and reporting/supporting incidents.

c)    the procurement of a security contractor for “event” style security for evening operational needs solely on the Market Walk extension.

d)    increasing the resource in the central CCTV control room to monitor the increasing number of cameras being connected and specifically Market Walk and the Extension across all opening times.

2.    That members approve that the existing security contract, for the existing Market Walk, is terminated in September 2019 (as current).

a)    that the existing employees are transferred to the ambassador posts and offered the CCTV vacancies so that they do not suffer any financial detriment as a result of the contract for Market Walk coming in house.

b)    that any employees recently appointed be subject to any probationary period demanded by the existing security company or failing this our own 6-month probationary period.

Councillor Peter Wilson, Executive Member (Resources), presented the confidential report of the Director (Business, Development and Growth) which seeks approval for bringing the Market Walk and Town Centre security provision in-house.

Decision:

1.    That members approve:

a)    the procurement of additional CCTV equipment which will enable the existing Market Walk, as well as the new extension, to be monitored remotely by the Town Centre CCTV team.

b)    the creation of new Market Walk & Town Centre Ambassador posts to patrol the town centre streets assisting in customer information/stewarding and reporting/supporting incidents.

c)    the procurement of a security contractor for “event” style security for evening operational needs solely on the Market Walk extension.

d)    increasing the resource in the central CCTV control room to monitor the increasing number of cameras being connected and specifically Market Walk and the Extension across all opening times.

2.    That members approve that the existing security contract, for the existing Market Walk, is terminated in September 2019 (as current).

a)    that the existing employees are transferred to the ambassador posts and offered the CCTV vacancies so that they do not suffer any financial detriment as a result of the contract for Market Walk coming in house.

b)    that any employees recently appointed be subject to any probationary period demanded by the existing security company or failing this our own 6-month probationary period.

Reasons for Recommendation(s):

The CCTV control room often rely on Market Walk camera positions to monitor incidents and currently this can only be achieved via verbal instruction and during staffed hours. By networking all the cameras together it provides uninterrupted and consistent monitoring/recording across extended hours of operation. Once being monitored remotely there is no need to monitor on site too.

By removing the CCTV monitoring from site, it enables more flexibility in the reconfiguration of the Market Walk management Suite space to enable the conversion to managed workspace.

There is a growing need for a uniformed presence within Market Walk and the Town Centre to deal with public nuisance issues such as beggars, unsociable behaviour and petty crime and a more proactive high-profile approach is required and better achieved under direct control.

The evening security requirement is an unknown and initially this will be best served through an “event” style crowd management guarding service supported by remote CCTV. Once the extension has been operating the service requirements can be reviewed to see if it can be better delivered through the expansion of Town Centre Ambassador hours instead.

A recent Counter Terrorism Vulnerability Survey carried out by the police identified a more proactive approach of surveillance across the Town Centre and Astley Park, especially around events. A visible Ambassador and increased CCTV monitoring capacity will help achieve this and mitigate against this risk.

Alternative Options Considered and Rejected:

To continue with the current security contract and extend the current static guard provision to cover the extension and extended operating hours. This was rejected due to continued poor service outside of our direct control.

To retender  ...  view the full minutes text for item 19.EC.123

All officers except the Democratic Services Officer left the room for the discussion of this item.

Councillor Alistair Bradley, Executive Member (Economic Development and Public Service Reform), gave Members a confidential briefing.