Agenda, decisions and minutes

Decision: That the minutes of the Executive Cabinet meeting held on 15 November 2018 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 any 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 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).

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.

Report to be presented after Market Walk Steering Group has received it.

1.    That the Contractors Proposals are accepted and the contract awarded to Eric Wright Construction.

2.    Members note that the costs of the building contract have increased and that additional funding will be sought from Council to cover this uplift in costs. These increases include the Oak House enhancement works and an additional cost relating to the contamination of the site and additional contract costs when a sub-contractor went out of business.

3.    To note the Council’s request to LCC for a financial contribution to highways works.

Councillor Margaret France arrived at 6.35pm.

Councillor Tony Gee arrived at 6.37pm.

Councillor Peter Wilson, Executive Member (Resources) presented the confidential report of the Chief Executive, which provides an update on the current status of the project and a proposed contract sum to carry out the works.

Decision:

1.    That the Contractors Proposals are accepted and the contract awarded to Eric Wright Construction.

2.    Members note that the costs of the building contract have increased and that additional funding will be sought from Council to cover this uplift in costs. These increases include the Oak House enhancement works and an additional cost relating to the contamination of the site and additional contract costs when a sub-contractor went out of business.

3.    To note the Council’s request to LCC for a financial contribution to highways works.

Reasons for Recommendation(s):

The proposed contract terms satisfy the requirements of the risk management strategy adopted by the council in relation to this matter, fixing both the price and minimising risk to the council after the contract is signed.

Alternative options considered and rejected:

Council had already decided on the preferred contract to be used and so there are no other options considered and rejected.

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

1.    Agree in principle to exploring a Local Authority and Contractor Partnership arrangement to bring forward the development of the Alker Lane employment site;

2.    Note the risks associated with the site and the required actions, the funding of which will be subject to a separate budget report to Council in the foreseeable future.

Councillor John Dalton arrived at 6.52pm.

Councillor Alistair Bradley, Executive Member (Economic Development and Public Service Reform) presented the confidential report of the Director (Business Development and Growth), which informs Members of the delivery options, next steps and key issues available to the Council to bring forward employment premises on the Alker Lane site.

Decision:

1.    Agree in principle to exploring a Local Authority and Contractor Partnership arrangement to bring forward the development of the Alker Lane employment site;

2.    Note the risks associated with the site and the required actions, the funding of which will be subject to a separate budget report to Council in the foreseeable future.

Reasons for Recommendation(s):

The recommended model will in principle meet the Council’s aims for the employment site namely, to generate jobs, enable the Council to bring forward the site debt free at the end of the process and will generate on-going revenue for the Council.

Alternative options considered and rejected:

Two alternative models were considered in the report and rejected as they were not viable and consequently did not meet the development objectives.

The Council could choose to not 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.    That the tender process for the award of contracts and award criteria be approved.

2.    That the award of the contracts be delegated to the Executive Member for Resources for approval.

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 for the contract award procedure, the tender procedures, and the criteria to award the contract for the furniture fit out for Strawberry Fields Digital Hub.

Decision:

1.    That the tender process for the award of contracts and award criteria be approved.

2.    That the award of the contracts be delegated to the Executive Member for Resources for approval.

Reasons for Recommendation(s):

The Council’s contract procedure rules require the procurement process and assessment criteria to be approved.

This procurement provides an open and transparent process for the award of the contract.

Alternative options considered and rejected:

None.

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

1.    Agree that in order to promote the redevelopment of the Shady Lane site, a deliverable outline planning consent should be secured.

2.    Agree that specialist consultants should be engaged to carry out services including but not limited to master-planning, planning and highways advice in order to prepare an outline planning submission. Other services required include ecological advice and site investigations.

3.    Agree that Homes England Multi-Disciplinary Panel should be used to procure the specialist services as outlined in this report.

4.    Agree that submissions will be evaluated on a 50% quality/50% price matrix. Bids will be assessed on the basis outlined in paragraphs 40 and 41 of this report.

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

6.    That the contract award be exempted from call-in in order to ensure that the contract is entered into prior to the expiry of the current Multi-Disciplinary Panel.

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 for the procurement approach including the award procedure, evaluation methodology and criteria for the engagement of consultants for securing a deliverable outline planning consent for the Shady Lane site.

Decision:

1.    Agree that in order to promote the redevelopment of the Shady Lane site, a deliverable outline planning consent should be secured.

2.    Agree that specialist consultants should be engaged to carry out services including but not limited to master-planning, planning and highways advice in order to prepare an outline planning submission. Other services required include ecological advice and site investigations.

3.    Agree that Homes England Multi-Disciplinary Panel should be used to procure the specialist services as outlined in the report.

4.    Agree that submissions will be evaluated on a 50% quality/50% price matrix. Bids will be assessed on the basis outlined in paragraphs 40 and 41 of the report.

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

6.    That the contract award be exempted from call-in in order to ensure that the contract is entered into prior to the expiry of the current Multi-Disciplinary Panel.

Reasons for Recommendation(s):

The need to progress with the development of the site in a coherent and timely manner underpins the approach articulated in the report.

The Council’s Contract Procedure Rules stipulate that Executive Cabinet approval is required for contracts over £100,000.

Alternative options considered and rejected:

The Council could decide to maintain the current agricultural status of the land and not realise its development potential. Given that a) the site forms part of a much wider redevelopment and b) the latest ONS household projections show Chorley needing to deliver nearly 10,000 new homes over 23 years (about 440 p.a. or 8,900 over 20 years), it is recommended that this site is brought forward for redevelopment. Given the complexities associated with redeveloping the site, the engagement of specialist consultants is required.

Officers are obliged to adhere to the Council’s Contract Procedure Rules and this includes securing Executive Cabinet approval for contracts over a value of £100,000.

To consider and receive the report of the Director (Customer and Digital).

1.    To approve the contract award procedure of an open invitation to tender advertised on the Council’s procurement website, Chest. Tenders will be evaluated to establish the most economically advantageous tender based on 70% cost, 30% quality.

2.    To delegate to the Executive Member for Resources authority to approve the award of the contract to the winning bidder based upon the evaluation criteria.

Councillor Peter Wilson, Executive Member (Resources) presented the confidential report of the Director (Customer and Digital), which seeks approval for the contract award procedure and evaluation criteria for the two year contract to provide skips, remove and dispose of waste from the Bengal Street depot.

Decision:

1.    To approve the contract award procedure of an open invitation to tender advertised on the Council’s procurement website, Chest. Tenders will be evaluated to establish the most economically advantageous tender based on 70% cost, 30% quality.

2.    To delegate to the Executive Member for Resources authority to approve the award of the contract to the winning bidder based upon the evaluation criteria.

Reasons for Recommendation(s):

Under the Council’s Contract Procedure Rules approval by the Executive Cabinet for contract award for tenders greater than £100,000 is required.

Alternative options considered and rejected:

To not agree contract award procedure would fail to comply with the Council’s Procurement rules.

To consider and receive the report of the Director (Customer and Digital).

1.    To approve the contract award procedure of an open invitation to tender advertised on the Council’s procurement website, Chest. Tenders will be evaluated to establish the most economically advantageous tender based on 85% cost, 15% quality.

2.    To delegate to the Executive Member for Resources authority to approve the award of the contract to the winning bidder based upon the evaluation criteria.

Councillor Peter Wilson, Executive Member (Resources) presented the confidential report of the Director (Customer and Digital), which seeks approval for the contract award procedure and evaluation criteria for the two year contract to undertake trade waste collections from Council buildings

Decision:

1.    To approve the contract award procedure of an open invitation to tender advertised on the Council’s procurement website, Chest. Tenders will be evaluated to establish the most economically advantageous tender based on 85% cost, 15% quality.

2.    To delegate to the Executive Member for Resources authority to approve the award of the contract to the winning bidder based upon the evaluation criteria.

Reasons for Recommendation(s):

Under the Council’s Contract Procedure Rules approval by the Executive Cabinet for contract award for tenders greater than £100,000 is required.

Alternative options considered and rejected:

To not agree contract award procedure would fail to comply with the Council’s Procurement rules.