Agenda and draft minutes

Apologies were received from Councillor Cummins and Councillor Quinn.

Members of Cabinet are asked to consider whether they have an interest in any of the matters of the Agenda and, if so, to formally declare that interest.

There were no declarations of interest.

Questions are invited from members of the public about the work of the Cabinet.

Notice of any question must be given to Democratic Services by midday on Monday, 02^nd December. Approximately 30 minutes will be set aside for Public Question Time, if required.

There were no public questions.

Questions are invited from Elected Members about items on the Cabinet agenda. 15 minutes will be set aside for Member Question Time, if required.

Notice of any Member question must be given to the Monitoring Officer by midday Friday, 29^th November.

Two questions were received in advance of the meeting.

The following question was submitted in advance of the meeting by Councillor Lancaster:

As an extra £100 thousand was allocated to gully cleansing this year and seeing the damage caused last week in the borough by heavy rain, Does the council believe the system in place is working?

Responding, Councillor O’Brien, Leader of the Council reported that when we receive severe rainfall weather warnings our Streetscene team carry out additional checks of all known flooding hot-spots including trash screens and culverts. We also put in place on-call teams to respond to any reports of localised flooding. During Storm Bert our teams worked brilliantly to deal with flooding incidents. However, whilst gully cleaning is important, this alone will not prevent flooding during these extreme rainfall events. Rainfall is increasing in duration and intensity due to the climate change crisis we are facing. It is an unfortunate fact that many of the existing drainage systems, most of which are the responsibility of United Utilities, were never designed to take these increases in rainfall. The extra resource will allow approximately 20,000 additional gullies per year to be checked and then cleaned if required.

The Leader committed to sharing graphical representations of this during the extreme weather event following the meeting.

A further supplementary question was submitted:

Councillor Lancaster advised that four sites in Radcliffe North and Ainsworth Ward residents have highlighted concerns during the storm two properties were flooded one on Turks Road and three in Ainsworth. Councillor Lancaster was asked to flag the matter with Neil Long, Assistant Director of Operations, Councillor Quinn and Councillor O’Brien.

The following question was submitted in advance of the meeting by Councillor Birchmore:

A recent email to myself and other Councillors regarding the Star Academy school in Radcliffe provides the following explanation and new schedule:

· The DfE have confirmed that there are delays to the programme start date due to inflationary pressures resulting in the cost exceeding original estimates.

· The additional cost uplifts require further internal DFE approval following their due diligence processes before finalising the timing and costs of the construction project.

· The DfE have advised that the approval process is anticipated to be completed in January 2025.

· The anticipated handover of the completed school building is July 2026.

We have seen several completion dates pass and now a second-year intake will have to spend the whole year in temporary accommodation. How sure is the Council that the proposed completion date will be met to avoid a third-year intake going into temporary accommodation and what is being done by the Council to avoid this situation?

Responding, Councillor Lucy Smith reported that further to the enquiry the Council can confirm that it continues to have regular meetings with its partners the Star Academy Radcliffe and the DfE in regard to the delivery of the new free school at Spring Lane, Radcliffe.

At these meetings a number of areas are discussed, and both the Star Academy representatives and  ...  view the full minutes text for item CA.268

Minutes from the meeting held on 06^th November are attached.

It was agreed:

That the minutes of the meeting held on 06^th November 2024 be approved as a correct record.

Report from the ??Cabinet Member for Housing Services?.

The Leader and Cabinet Member for Strategic Growth presented the report on behalf of Councillor Cummins, Cabinet Member for Housing Services which sought formal approval of contract award recommendations following completion of the mini competition exercises and a direct award in the case of the Moorfield roofing project. All of these procurement activities have been carried out through Procure Plus frameworks, with the support of STAR and the councils procurement team. The Capital Programme was approved in July with various elements of works being identified, all approvals within this report formed part of the original programme.

Councillor Bernstein queried if similar projects in the past have been considered at Council or Cabinet meetings. In response Jacqui Dennis, Director of Law and Democratic Services confirmed that when the Housing stock was externalised there were different processes, this report aligns to Council governance.

Councillor Smith raised a query on keeping the Bury Pound within the Borough of Bury. The Leader assured members that the companies are local, in Westhoughton and Bolton but committed to picking up as a future matters arising the Business Growth and Infrastructure Team to produce an information document through a social value lens on local businesses who are on the framework.

Decision:

Cabinet:

Approved the award of the following contracts:

1. Roofing Lot 1 - Successful contractor BAAS, contract value £1,572,227
2. Roofing Lot 2 - Successful Contractor – WRPS, contract value £981,063
3. Roofing Moorfield - Successful Contractor – WRPS, contract’s value £1,418,424 Energy Tender- Successful Contractor - Green Homes Grant, Installs contracts value £791,829.
4. Noted that the Communal Works Lot 1 and Lot 2 will be considered at Cabinet on the 08th January 2025.

Alternative options considered and rejected:

• Do nothing: Due to the nature of the works (compliance work as identified by the FRA reports), the works need to be completed to ensure Burys general needs stock is compliant with the current regulations.
• Deliver Inhouse: The works were originally offered to the in house contractor but they were unable to deliver due to lack of capacity.
• Open Tender: This option was considered and is possible, however this would involve significantly more time and costs in the procurement process as a whole and for no real benefit. The use of this framework is free and ensures that all suppliers have been evaluated and approved based on their capabilities, expertise, and compliance within required criteria along with pre-negotiated terms and conditions. Further competition exercise enabled the council to tailor the service requirements to the Council’s specific needs. There are little or no benefits to going out to open tender over using this framework and as a result this option was dismissed.

Report from the Deputy Leader and Cabinet Member for Children and Young People.

Councillor Lucy Smith, Deputy Leader and Cabinet Member for Children and Young People presented the report which outlined that project Skyline is a Greater Manchester wide proposal to create a supply of children’s homes to increase availability of looked after children placements in the Greater Manchester region for some of our most vulnerable young people. This will see ten new homes that can accommodate twenty four children with complex mental health issues or Emotional Behavioural Difficulties. The Greater Manchester Combined Authority is leading the procurement on behalf of the ten Greater Manchester local authorities.

Decision:

Cabinet:

1. Approved in principle to enter into a Partnership Agreement for Project Skyline as referred to in this report.
2. Note a further report will return to Cabinet.

Reasons for the recommendation(s):

Formally entering the partnership with all 10 Greater Manchester authorities will enable Bury to participate in progressing plans to invest in new regional provision that will be protected for Greater Manchester children and seek to develop a portfolio of new publicly owned residential provision to support children in care to GM authorities in need of residential provision.

At its core, creating dedicated Greater Manchester Combined Authority provision will mitigate the exposure to market forces, particularly the escalating cost of provision and sometimes sub-optimal outcomes for children. The partnership agreement is to establish ten homes for twenty four children and young people. Whilst this is a small number relative to the number of children in care to Greater Manchester authorities in private sector children’s homes (slightly less than 600 currently), it represents an important shift and return to the children’s homes market for GM local authorities.

Bury is the only Local Authority in Greater Manchester that does not have internal residential homes, so we are the most challenged of all GM authorities in terms of sufficiency of specialist homes and our subsequent exposure to market forces, we have seen a marked increase in the number of residential placements currently at forty six having seen an increase in volume of 21% over the past 12 months ,with an weekly average cost of £5,834 per child at the end of Q1 2024/25 and with a total cost of £8.7m at 2023/24 outturn.

Risks arising from the partnership agreement are detailed in section 7.2 to 7.5 of the report and predominantly focus on the liability of individual local authorities for losses and the length of the agreement. It is important that these risks are understood, however they need to be viewed in the context of spiralling costs to councils from increasing use of private sector Children’s Homes. Viewed in this context the risks from participation in the partnership are outweighed by the need to change how this market is currently operating.

The agreement is for an initial 7-year period, with the option for 3 further years. Engagement in Project Skyline would be a complementary facet of Bury’s sufficiency strategy whilst we also develop plans for our own residential provision and build the number of fostering households and the  ...  view the full minutes text for item CA.271

Report from the Cabinet Member for Finance and Transformation.

Councillor Sean Thorpe,  Cabinet Member for Finance and Transformation presented the report which set out the following:

• The 2024/25 forecast revenue outturn position as at 30 September 2024.
• The 2024/25 forecast savings position as at 30 September 2024.
• The 2024/25 forecast capital outturn position as at 30 September 2024, noting the revised capital programme and request approval of the further re-phasing of £4.973m of the capital programme into future years.
• The 2024/25 forecast Collection Fund position as at 30 September 2024
• The updated 2024/25 budget and forecast for the Housing Revenue Account (HRA) position as at 30 September 2024.

It was noted that the 2024/25 general fund revenue month 6 forecast outturn position shows an overspend of £3.011m which represents a variance of 1.34% compared to the overall net revenue budget of £224.840m, an increase in the forecast overspend of £391k from the position at month 3 previously reported to Cabinet.

Councillor Bernstein, reflected on comments from the District Auditor that it is imperative we do all we can to reduce a 1.3 % overspend under better control. Councillor Thorpe agreed and reflected that the challenge is from two predominant pressures; increased demand and cost of servicing that demand. Members were given assurances that the Council is continuously looking for savings.

In response to a question from Councillor Mike Smith regarding the increase of Council tax past 5% members were advised that this would only be considered as a last resort and was not under consideration.

Decision:

Cabinet:

1. Noted the 2024/25 forecast revenue outturn position as at 30 September 2024 of a £3.011m overspend (1.34%) against a net budget of £224.480m.
2. Noted the 2024/25 forecast savings position as at 30 September 2024 of a forecast overachievement of £332k (5.23%) against an agreed target of £6.345m.
3. Approved the in-year updates and re-phasing of the capital programme, revising the capital delivery programme for 2024/25 to £85.339m which will form the basis for future in-year monitoring and reporting of performance.
4. Noted the 2024/25 forecast Collection Fund Position as at 30 September 20204 of a surplus of £3.921m of which £3.291m relates to Bury’s share.
5. Approved the revised Housing Revenue Account (HRA) budget of a £5.997m surplus before appropriations following the work undertaken to integrate the Six Town Housing budgets and management structure into the HRA.

Reasons for recommendation(s):

To update members on the Council’s budgetary position and actions taken or being taken to ensure budgetary targets are achieved.

This report is in accordance with the Council’s financial procedure regulations.

Alternative options considered and rejected:

None.

Report attached from the Leader and Cabinet Member for Strategic Growth.

The Leader and Cabinet Member for Strategic Growth presented the report which sought approval for the Prestwich Regeneration LLP (the Joint Venture company [JV]) of which the Council are 50%, to appoint the main contractor for the main works for the delivery of Phase 1A of the Prestwich Village Regeneration Scheme.

It was noted that this report is the second stage and a follow-up to the Cabinet report 16th July 2024 where approval was given for the legal structure and procurement strategy to appoint the Developer for the Scheme, which in turn will secure the services of a contractor using a Public Contracts Regulations 2015 (PCR) compliant procurement route.

Councillor Bernstein did highlight his concern regarding the report being received late. The Leader assured members that this will always try to be avoided in the future and apologised to members.

Decision:

Cabinet:

1. Agree consent for the Council (as 50% of the JV [LLP]) to provide approval to the JV [LLP] to appoint and enter into a building contract with VINCI as the main contractor to deliver Phase 1A (Travel Hub).
2. Accepted the tender report recommendation that VINCI undertake the main works at a sum contained within Part B, subject to the agreement of any contract amendments and clarifications, and within the previously approved cost envelope 
3. Delegated authority to the Director of Law and Democratic Services in consultation with the Executive Director of Place to finalise and execute the building contract (noting that approval to be able to negotiate and complete detailed legal and procurement agreements associated with the delivery of the Scheme was given on 16th July 2024), consultant appointments, warranties and any other related ancillary agreements.
4. Delegate authority to the Director of Law and Democratic Services in consultation with the Executive Director of Place to execute the Pagabo Client Access Agreement on behalf of the Council as a Member of the JV [LLP].

Reasons for recommendation(s)

The use of Pagabo alongside objective criteria assessment is a PCR compliant procurement route which gives the ability to award the contract under this framework to deliver the main construction works for Phase 1A. This also ensures the successful completion of the strategic enablement phase of the Scheme that will unlock the next development phases in Prestwich.

The use of a PCR compliant framework reduces the need to undertake a full tender process and significantly reduces the time required to appoint a main contractor. It also facilitates access to contractors of an appropriate tier and level of experience to deliver the travel hub. This ensures that Phase 1A is delivered competently, within the expected timescales and reduces risk of contractor failure.

Through the procurement process, VINCI were able to offer the ability to deliver at the scale and complexity needed, demonstrated they had the ability to contract with the JV [LLP] terms and were able to evidence the financial standing to secure deliverability. Their financial standing was assessed as good, and they are considered a sustainable enterprise.

Secured delivery of the Travel Hub  ...  view the full minutes text for item CA.273

Report from the Leader and Cabinet Member for Strategic Growth.

The Leader and Cabinet Member for Strategic Growth proposed that the plan is withdrawn and reviewed when the plan itself addresses issues raised by members and stakeholders.

Decision:

Cabinet:

The report be withdrawn and a new report be brought to a future meeting of Cabinet.

Report from Cabinet Member for Environment, Climate Change and Operations.

The Leader and Cabinet Member for Strategic Growth presented the report on behalf of the Cabinet Member for the Cabinet Member for Environment, Climate Change and Operations which sought approval of a contract award for the replacement of Milltown Street Bridge in Radcliffe following a tendering process.

It was noted that construction expected to commence in Spring 2025.

Councillor Mike Smith raised that Milltown Street should be considered within the future for development and improvements.

Decision:

Cabinet:

1. Agreed that following the agreement of funding at the Bee Network Committee on 28th November that Cabinet approve the appointment of the winning bidder which has been procured via an open tender exercise under an NEC4 contract to deliver the replacement Milltown Street Bridge scheme and to delegate negotiation and finalisation of contracts to the Director of Operations in consultation with the Director of Law and Governance.

2. Agreed that the finalisation and sealing of the NEC4 contract together with any related documents, including the variation of the grant funding agreement from City Region Sustainable Transport Settlement (CRSTS), be delegated to the Director of Law and Democratic Services in consultation with the Executive Director of Operations and the Cabinet Member for Environment, Climate Change and Operations.

Reasons for recommendation(s)

• The Milltown Street Bridge scheme is a key priority for Bury Council, TfGM and GMCA. It is a key element of the Greater Manchester Bee Active Network in Radcliffe and will complement the proposed CRSTS investment in cycling and walking infrastructure elsewhere in Radcliffe. It will provide improved connectivity for deprived communities and will form part of a wider programme to improve journey quality, reduce travel times, and improve health and wellbeing.

• An open tender exercise was carried out by Bury Council under an NEC4 contract via The Chest in accordance with Contract Procurement Rules. The scheme is fully funded by GMCA with Department for Transport Funding (DfT) awarded to the GM Mayor through the City Region Sustainable Transport Settlement.

• The scheme has progressed to Full Business Case approval through the GMCA agreed governance process and is ready to be delivered. A delay in appointing a contractor could result in the loss of funding to replace the bridge and the risk of clawback of funding spent to date on design and development, as well as reputational risk to the Council. It could also impact on the Council’s ability to secure future transport funding from GMCA and the DfT.

 Alternative options considered and rejected

• To delay appointing a contractor and not to replace the bridge. This option has been discounted as it could result in the cost of replacing the bridge increasing and would risk non-completion within the funding timeframes.

Report from the Leader and Cabinet Member for Strategic Growth.

The Leader and Cabinet Member for Strategic Growth presented the report which set out a series of proposed changes to the Council’s leadership arrangements and senior accountabilities which seek to achieve further efficiencies whilst assuring capacity and alignment to deliver.

It was noted that the report proposes to shift the Council’s organisational model from five to four delivery departments, integrating most of the services within the current Operations Department within the Business Growth and Infrastructure function, which will be renamed as the Place Department.

As part of these changes the Executive Director for Operations role will be deleted when the officer leaves the Council in April and the Leader placed on record thanks to Donna Ball for her leadership of the Department since 2020. During her time in Bury Donna has overseen the delivery of operational service throughout the Covid pandemic, including the provision of humanitarian aid, led a significant programme of modernisation of the Council’s waste management services and the growth of Bury’s internationally recognised Market. Donna will play a key role in helping to embed the new proposed arrangements over the first quarter of next year.

Cllr Bernstein sought reassurance on the recruitment and selection for the Executive Director role. In response the Leader assured Members that the distribution of services across the Council was a strong model and will bring together core services.

All members placed on record their tribute to the dedication and service delivery of Donna Ball, Executive Director of Operations.

Councillor Morris, reminded all members that voting is live for Britan’s favourite Market: Vote for Britain's Favourite Market - NABMA

Decision:

Cabinet:

1. Approved the following structural changes as a basis for Consultation with affected staff:

A)   The deletion of the post of Executive Director (Operations) upon the departure of the current postholder on 6 April 2025

B)   The establishment of a new post of Director (Place Operations) at Chief Officer Band D (£85,962-£93,267) reporting to the Executive Director (Place) with leadership accountability for the StreetScene and Engineers, Waste and Transport and Commercial Services functions with the Heads of Service for these functions reporting directly to the new Director.

C)   The transfer of the posts of Head of Wellness and their areas of responsibility to the leadership of the Director of Public Health in the Health and Care Department.

D)   The transfer of the posts of Head of Facilities Management and their areas of responsibility to the leadership of the Director of Regeneration and Project Delivery within the Business, Growth and Infrastructure Department.

E)   The redesignation of the post of Assistant Director (Operations Strategy) to Assistant Director (Public Protection & Community Safety) and transfer of this post to the Corporate Core under the direct leadership of the Executive Director (Strategy & Transformation). As well as their existing leadership accountability for Public Protection the Operations Safety & Resilience Manager and Operations & Emergency Response Managers will move to report to this post.

2. Delegate authority to the Chief Executive and Leader of the Council in consultation with the Cabinet Members for  ...  view the full minutes text for item CA.276

Report from Cabinet Member for Children and Young People.

The Deputy Leader and Cabinet Member for Children and Young People presented the report which sought approval for Bury Council to sign up to the Care Leaver Covenant (CLC). The CLC work with more than 500 organisations to connect young people with care experience to exclusive opportunities. By becoming a partner of the CLC, Bury Council will join 92 other unitary local authorities in demonstrating their commitment to care experienced young people.

Decision:

Cabinet:

1. Agreed to endorse and note Bury’s Council’s partnership with the Care Leaver Covenant, placing it alongside strategic partners within the sector, such as the Local Government Association and SOLACE, as well as leading councils, such as Leeds City Council, and signifying Bury’s support for a ‘whole council’ approach to supporting our care experienced young people.

Reasons for recommendation(s)

Signing up to the Care Leaver Covenant will reinforce Bury Council's commitment to supporting young people with care experience by providing them with valuable opportunities for their future. The Care Leaver Covenant provides a framework for councils to support young people with care experience by connecting them to exclusive opportunities. By becoming a partner of the CLC, Bury Council will join 92 other unitary local authorities who have adopted the 'Whole Council Approach'. The key benefits include:

• Opportunity Take-Up: Encouraging care leavers and support workers to register with the ‘Connects’ app, enabling offers and opportunities to be shared with them. Internal council opportunities will be promoted through the ‘Care Leaver Friendly Employers Charter.’ The 'Inclusive Employers Toolkit' can also be shared with external employers.

• Awareness Raising: Promoting the Care Leaver Covenant within the council's supply chains, procurement, and commissioning services. The council can invite the CLC to speak at events or meetings with businesses and partners, enhancing social value requirements to include outcomes for care leavers. The Social Value Toolkit can be used to strengthen these outcomes.

• Policy Collaboration: Forming a council-wide representative working group to demonstrate partnership working and support the Covenant's initiatives. The economic development and procurement teams can offer proactive support.

• Care Leaver Covenant Ambassador: Appointing an ambassador who will work with the CLC engagement team and be kept informed about ongoing efforts and opportunities – an officer has already been identified for this role.

• Working in collaboration with the CLC, Councils bring together care leaver champions from across their authority with a view to unlocking opportunities from both internal and external partners. The Covenant’s engagement team collaborate with business and community partners, linked to the Council’s economic development team, to develop a localised network of Covenant signatories.

• As an employer, leading by example, Bury Council will also create protected employment opportunities for their care leavers alongside a supportive pre/post-employment pathway defined by the principles of the CLC’s ‘Care Leaver Friendly Employer’s Charter.’

Alternative options considered and rejected:

The main alternative option would be not to sign up and to seek to develop our own support networks and arrangements. However, it costs nothing to sign up to the covenant and the Care Leavers Covenant has  ...  view the full minutes text for item CA.277

To consider the minutes of meetings of the AGMA Executive Board and Greater Manchester Combined Authority held on 25^th October 2024.

It was agreed:

That the minutes of the Greater Manchester Combined Authority meeting held on 25^th October 2024 be noted.

To consider passing the appropriate resolution under Section 100 (A)(4), Schedule 12(A) of the Local Government Act 1972, that the press and public be excluded from the meeting for the reason that the following business involves the disclosure of exempt information as detailed against the item.

Decision:

That the press and public be excluded from the meeting under Section 100 (A)(4), Schedule 12(A) of the Local Government Act 1972, for the reason that the following business involves the disclosure of exempt information as detailed against the item.

Report from Cabinet Member for Environment, Climate Change and Operations.

Councillor O’Brien, Leader and Cabinet Member for Strategic Growth presented the confidential report which set out the full financial details.

Decision:

Cabinet:

1.    Agreed that following the agreement of funding at the Bee Network Committee on 28th November that Cabinet approve the appointment of the winning bidder which has been procured via an open tender exercise under an NEC4 contract to deliver the replacement Milltown Street Bridge scheme and to delegate negotiation and finalisation of contracts to the Director of Operations in consultation with the Director of Law and Governance.

2.    Agreed that the finalisation and sealing of the NEC4 contract together with any related documents, including the variation of the grant funding agreement from City Region Sustainable Transport Settlement (CRSTS), be delegated to the Director of Law and Democratic Services in consultation with the Executive Director of Operations and the Cabinet Member for Environment, Climate Change and Operations.

Reasons for the decision:

·         As set out for Part A.

Alternative options considered and rejected:

·         As set out for Part A.

Report attached from the Leader and Cabinet Member for Strategic Growth.

Councillor O’Brien, Leader and Cabinet Member for Strategic Growth presented the confidential report which set out the full financial details.

Decision:

Cabinet:

1.    Accept the tender report recommendation that VINCI undertake the main works at the sum set out in the report, subject to the agreement of any contract amendments and clarifications, and within the previously approved cost envelope (inclusive of fees and other project management costs).

2.    Agree consent for the Council (as 50% of the JV [LLP]) to provide approval to the JV [LLP] to appoint and enter into a building contract with VINCI as the main contractor to deliver Phase 1A (Travel Hub).

3.    Accepted the tender report recommendation that VINCI undertake the main works at a sum contained within Part B, subject to the agreement of any contract amendments and clarifications, and within the previously approved cost envelope (inclusive of fees and other project management costs).

4.    Delegated authority to the Director of Law and Democratic Services in consultation with the Executive Director of Place to finalise and execute the building contract (noting that approval to be able to negotiate and complete detailed legal and procurement agreements associated with the delivery of the Scheme was given on 16th July 2024), consultant appointments, warranties and any other related ancillary agreements.

5.    Delegate authority to the Director of Law and Democratic Services in consultation with the Executive Director of Place to execute the Pagabo Client Access Agreement on behalf of the Council as a Member of the JV [LLP].

Reasons for the decision:

·         As set out for Part A.

Alternative options considered and rejected:

·         As set out for Part A.