Decision: That the minutes of the Executive Cabinet meeting held on 14 November 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 Chief Finance Officer.

That Members agree the contents of this report in order to start the budget consultation process and note the following proposed budget items, in particular:

·         No proposed increase in council tax for 2020/21 and no proposed cuts to services.

·         The forecast balanced budget for 2020/21 and the forecast budget position in 2021/22 and 2022/23.

·         The changes to the capital programme 2020/21 to 2022/23.

Councillor Peter Wilson, Executive Member (Resources), presented the report of the Chief Finance Officer which sets out the budget position for 2020/21 including the forecast for the following 2 years to 2022/23 and also presents the relevant proposals in respect of the use of forecast resources identified in 2020/21 and budget consultation.

Members noted there was no proposed increase in council tax in 2021/22 or 2022/23 due to the investments made by the Council and the efficiencies achieved. This would be revisited every year and be dependent upon the outcome of the Government announcements regarding the Fair Funding Review and Business Rates Retention. It was also noted that investment of approximately £1m would be continued to deliver corporate strategy priorities alongside strategies to reduce the budget deficit in the medium term.

In response to Members’ questions, it was noted that the Council were liaising with local groups and Parish Councils regarding VE Day celebrations, that the investment in the markets would be well publicised, and that considerations for Armed Forces Day were underway.

Decision:

That Members agree the contents of this report in order to start the budget consultation process and note the following proposed budget items, in particular:

·         No proposed increase in council tax for 2020/21 and no proposed cuts to services.

·         The forecast balanced budget for 2020/21 and the forecast budget position in 2021/22 and 2022/23.

·         The changes to the capital programme 2020/21 to 2022/23.

Reasons for Recommendation(s):

To progress the Council’s 2020/21 budget setting process to achieve an approved and balanced budget.

Alternative Options Considered and Rejected:

None, setting the budget is a statutory responsibility.

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

That the proposed 2% increase in fees and charges outlined in table 2 of the report be approved and it be further noted that the proposals will form part of the final budget papers to be presented to Full Council in February 2020.

Councillor Beverley Murray arrived at 6.52pm.

Councillor Peter Wilson, Executive Member (Resources), presented the report of the Chief Finance Officer which revises some of the discretionary fees and charges the council currently makes to bring the income in line with the cost of delivering these services.

Decision:

That the proposed 2% increase in fees and charges outlined in table 2 of the report be approved and it be further noted that the proposals will form part of the final budget papers to be presented to Full Council in February 2020.

Reasons for Recommendation(s):

The Council should endeavour, when it is legal and feasible to do so, to charge users to meet the full cost of providing services.

Alternative Options Considered and Rejected:

Without a regular review of fees and charges, new opportunities to introduce new services and charges may be missed. In addition, without increasing charges the cost of delivering services may not be recovered in full.

To consider and receive the report of the Director (Commercial Services).

That the Executive Member for Resources have delegated authority to approve the terms for all leases at the Strawberry Fields Digital Office Hub where the proposed terms are in accordance with commercial rates and the financial model, and to authorise the Director of Governance to complete leases on the approved terms.

Councillor Peter Wilson, Executive Member (Resources), presented the report of the Director (Commercial Services) which seeks authority for the grant of leases for offices at the Strawberry Fields Digital Office Hub. It was noted that 65% of fixed office space had been let or was under offer.

Decision:

That the Executive Member for Resources have delegated authority to approve the terms for all leases at the Strawberry Fields Digital Office Hub where the proposed terms are in accordance with commercial rates and the financial model, and to authorise the Director of Governance to complete leases on the approved terms.

Reasons for Recommendation(s):

To enable terms provisionally agreed with tenants to be approved without the need to wait for a scheduled Cabinet meeting which may lead to delay in the processing of applications where the proposed terms meet local market commercial rates and comply with the Council approved financial model for the facility.

Alternative Options Considered and Rejected:

To report each transaction for cabinet approval will lead to delay in the processing of applications.

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

1.    To approve the framework and develop a project mandate for the implementation of the framework as a 2020/2021 Corporate Strategy project.

2.    To review and update the framework annually so that it remains current and takes advantage of developments and changes that influence its delivery.

Councillor Beverley Murray, Executive Member (Early Intervention and Support), presented the report of the Director (Early Intervention and Support) which presents the Council’s Community Resilience Framework as the guidance tool to inform how we engage and work with communities to increase resilience and deliver better outcomes for communities and residents.

Decision:

1.    To approve the framework and develop a project mandate for the implementation of the framework as a 2020/2021 Corporate Strategy project.

2.    To review and update the framework annually so that it remains current and takes advantage of developments and changes that influence its delivery.

Reasons for Recommendation(s):

To ensure our approach to working with our communities is consistent by using the framework across the Council.

Alternative Options Considered and Rejected:

To not implement a standardised framework would allow for inconsistency and disjointed approaches which would not deliver sustainable and long-term resolves to public service issues, health inequalities and prospects for residents.

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 (Commercial Services).

1.    To approve an open tender procurement for the appointment of a contractor to complete the remaining Whittle GP surgery design and construction of Whittle GP Surgery.

2.    To approve the evaluation criterion.

3.    To approve the use of a JCT (2016) Design and Build Contract for the appointment of a Contractor to complete the Whittle GP Surgery development.

4.    To approve the appointment for undertaking Employer’s Agent responsibilities under the JCT Contract, on behalf of the Council.

5.    That the contract award for the JCT design and build Contract to the most economically advantageous tenderer is delegated to Executive Member (Resources).

6.    To acknowledge the programme for the procurement and progress of the development.

Councillor Alistair Bradley, Executive Member (Economic Development and Public Service Reform), presented the confidential report of the Director (Commercial Services) which seeks approvals for the appointment of a contractor to undertake the remaining design and construction of Whittle GP Surgery.

Decision:

1.    To approve an open tender procurement for the appointment of a contractor to complete the remaining Whittle GP surgery design and construction of Whittle GP Surgery.

2.    To approve the evaluation criterion.

3.    To approve the use of a JCT (2016) Design and Build Contract for the appointment of a Contractor to complete the Whittle GP Surgery development.

4.    To approve the appointment of Pick Everard to undertake Employer’s Agent responsibilities under the JCT Contract, on behalf of the Council.

5.    That the contract award for the JCT design and build Contract to the most economically advantageous tenderer is delegated to Executive Member (Resources).

6.    To acknowledge the programme for the procurement and progress of the development.

Reasons for Recommendation(s):

To ensure that value for money for the Whittle GP Surgery development is achieved, to provide an opportunity for local contractors to tender for a Council development, and to ensure that procurement procedure rules are adhered to.

Alternative Options Considered and Rejected:

1.    To use an existing framework to appoint a contractor. This option has been rejected as it will negate the opportunity for local contractors to tender for the development. Contractors appointed via frameworks are generally large construction contractors rather than local smaller contractors. The use of an open tender will allow market rates to be obtained that can be used as a benchmark for future projects. Using an open tender procurement may offer better value for money against a framework procurement.

2.    To use an alternative form of contract such as the NEC Engineering and Construction. This option has been rejected as it unlikely that the smaller local contractors will have the resources to administer such a contract.

3.    To tender the Employers Agent support services. This option has been rejected as Pick Everard are intrinsically linked to the project through their current involvement. Changes to the support time is likely to have a negative impact on the progress and programme of the scheme.

To consider and receive the report of the Director (Commercial Services).

That the terms are approved and authority is granted to issue instructions to the Director of Governance for the completion of the Lease

Councillor Peter Wilson, Executive Member (Resources), presented the confidential report of the Director (Commercial Services) which seeks approval to terms agreed for the Grant of a 3-year lease of Offices 41, 42 & 43 at Strawberry Fields Digital Office Hub.

Decision:

That the terms are approved and authority is granted to issue instructions to the Director of Governance for the completion of the Lease

Reasons for Recommendation(s):

To generate revenue and support economic growth in Chorley.

Alternative Options Considered and Rejected:

None.

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

1.    To note the cessation of the IHIS service with effect from 31st March 2020.

2.    To approve the recommendation for the Council to enter into a Collaboration Agreement with LCC in respect of the Minor Aids and Adaptations service, to take effect on 1st April 2020.

3.    To approve the recommendation for the Council to conduct a procurement exercise to appoint a sub-contractor to deliver the Minor Aids and Adaptations contract.

4.    To give delegated authority to the Executive Member (Resources) to approve the appointment of a sub-contractor following the procurement exercise.

5.    To note LCC’s intention to withdraw from the supply and maintenance of lifting and other equipment which is provided to applicants for Disabled Facilities Grant.

6.    To permit Officers to explore alternative arrangements, including framework options, for the supply and maintenance of lifting and other equipment. It is further recommended

7.    That a decision on the future arrangements for the supply and maintenance of lifting equipment be the subject of an Executive Member Decision (EMD) by the Executive Member (Home and Housing).

Councillor Graham Dunn, Executive Member (Homes and Housing), presented the confidential report of the Director (Early Intervention and Support) regarding the cessation of the Integrated Home Improvement Service (IHIS) which is funded by Lancashire County Council (LCC), and LCC’s intention to withdraw from the supply and maintenance of lifting and other equipment provided under Disabled Facilities Grant.

Decision:

1.    To note the cessation of the IHIS service with effect from 31st March 2020.

2.    To approve the recommendation for the Council to enter into a Collaboration Agreement with LCC in respect of the Minor Aids and Adaptations service, to take effect on 1st April 2020.

3.    To approve the recommendation for the Council to conduct a procurement exercise to appoint a sub-contractor to deliver the Minor Aids and Adaptations contract.

4.    To give delegated authority to the Executive Member (Resources) to approve the appointment of a sub-contractor following the procurement exercise.

5.    To note LCC’s intention to withdraw from the supply and maintenance of lifting and other equipment which is provided to applicants for Disabled Facilities Grant.

6.    To permit Officers to explore alternative arrangements, including framework options, for the supply and maintenance of lifting and other equipment. It is further recommended

7.    That a decision on the future arrangements for the supply and maintenance of lifting equipment be the subject of an Executive Member Decision (EMD) by the Executive Member (Home and Housing).

Reasons for Recommendation(s):

1.    The recommendation to accept a Collaboration Agreement from LCC in respect of the Minor Aids and Adaptations service, and the proposed procurement arrangements to appoint a sub-contractor to deliver this service, are in keeping with the established arrangements which govern the current IHIS service.

2.    The Council has partnered with LCC to deliver a Minor Aids and Adaptations service successfully since July 2015 and has successfully used a sub-contractor throughout that period.

Alternative Options Considered and Rejected:

An option to decline LCC’s invitation to enter into a Collaboration Agreement was considered but rejected as it would mean that the Council would forfeit a valuable opportunity to deliver important services for vulnerable Chorley residents and would forego an opportunity to engage with such residents in a way which could provide added value.