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Agenda and minutes

Agenda and minutes

Cabinet - Wednesday, 2nd December, 2020 6.30 pm

Venue: Online Meeting - view the meeting at www.mybostonuk.com/youtube

Contact: Lorraine Bush, Democratic Services Manager  Tel. no: 01205 314224 e-mail  lorraine.bush@boston.gov.uk

Items
No. Item

110.

MINUTES pdf icon PDF 136 KB

To sign and confirm the minutes of the last meeting, held on 5th November 2020.

Minutes:

The minutes of the Cabinet meeting held on 5 November 2020 were received and to be signed by the Chairman.

 

111.

APOLOGIES

To receive apologies for absence.

Minutes:

Apologies for absence were received from the Chief Executive and the Assistant Director – Organisation and Corporate Services, who were committed other meetings.

 

112.

DECLARATIONS OF INTERESTS

To receive declarations of interests in respect of any item on the agenda.

Minutes:

Councillor Tracey Abbott declared that she had been part of the Task and Finish Group (Minute 114 refers) for a period of time and the Leader declared that he had also been involved with the group in a supportive role.

 

113.

QUESTIONS FROM MEMBERS OF THE PUBLIC

To answer any written questions received from members of the public no later than 5 p.m. two clear working days prior to the meeting – for this meeting the deadline is 5 p.m. on Friday 27th November 2020.

Minutes:

A question had been received from Mr Darron Abbott.

 

“The Question is for Councillor Abbott as portfolio holder for open spaces.

 

“A portfolio holder for open spaces I am assuming you a aware of a council facility just off London Road which is known locally as Garfits' Park. This is a large recreational area and along three sides has wonderful trees and hedgerows.

 

“Early in the year Boston Borough Council allowed a large stretch of this valuable stretch of wildlife habitat to be ripped out by a housing developer. Then on the 4th November Boston Borough Council allowed a contractor to virtually wipe out an additional stretch with a flail Mower.

 

“As I am sure you are aware you personally are contributor to the RSPB, The Wildlife Trust and the Boston Woods Trust so I will assume you supportive of conservation and preservation. I will also assume you are aware of how important hedgerows are to the environment. In winter these hedgerows provide valuable shelter and food for nor only indigenous species but many of the migrating birds.

 

“Recently conservationist Chis Packham posted a picture on facebook very similar the ones hire provided along with this question along with the following comment "Hello I'm a Redwing. I have just flown here from Scandinavia to feast on your winter berries. But look... oh well , I'll just starve then.

 

“Would you like to explain to me why Boston Borough Council finds this wanton destruction of habitat and potential murder of valuable wildlife.

 

“To make things a little easier for you I attach photographs of the destruction and various extracts that offer guidance of competent hedgerow maintenance.”

 

Response from the Leader:

 

“Thank you for your question. There is a requirement under the terms of a Licence in place at Garfits Lane, for the Licensee to undertake grass cutting and other seasonal grounds maintenance. The use of a side arm flail mower is a recognised method of grounds maintenance and is considered appropriate for this hedgerow. Officers will however review the timing of hedge cutting next year to ensure it takes place at the optimal time for wildlife.”

 

Supplementary question submitted by Mr Abbott:

 

“I thank the officer for writing the answer for the leader. I am surprised that the leader finds that the most appropriate method of hedgerow management is the flail mower. Every guideline I have suggest that the flail mower is the lazy method due to the damage caused to the branches and the risk of disease of entering the plant.

“Therefore may I request that the correct research is carried out and a proper written policy drawn up to ensure the kind of destruction is not justified in the future.”

 

Response from the Leader:

 

“The environment is very dear to the Council and I look forward to a policy being drawn up to cover this. To be candid, flail mowing at this time of year, to take both sides down within the drainage boards, it would be frowned  ...  view the full minutes text for item 113.

114.

RECOMMENDATIONS FROM OVERVIEW AND SCRUTINY (STANDING ITEM)*

Minutes:

Recommendations were contained within the reports on the agenda.

 

115.

RECOMMENDATIONS FROM THE BOSTON TOWN AREA COMMITTEE (BTAC) (STANDING ITEM)

Minutes:

There were none for this meeting.

 

116.

REGULATING AND SAFEGUARDING BOSTON'S ECONOMY pdf icon PDF 184 KB

(A report by Councillor Judith Skinner, Madam Chairman, Environment and Performance Committee and Christian Allen, Assistant Director Regulation)

 

Portfolio Holder: Councillor Paul Skinner - Leader

Minutes:

 

DECISION

 

1.    That the findings be noted and thanks conveyed to the Members and Officers involved in the Task and Finish Group and Environment & Performance Committee for their well-considered and thorough scrutiny work; and their recommendations at Appendix A be agreed and accepted in full.

 

2.    That responsibility be delegated to the Assistant Director Regulation to take forward the recommendations, in consultation with the relevant Portfolio Holder and Chairman of the Boston Town Area Committee (BTAC).

 

Portfolio Holders and Officer

 

 

PS / JS/ CA

 

 

REASON FOR DECISION

 

Councillor Judith Skinner, Madam Chairman of the Environment and Performance Scrutiny Committee, presented the findings and recommendations from the Task and Finish Group set up by the Committee to carry out a review on regulating and safeguarding Boston’s economy.

 

Councillor Skinner explained that the previous year, at a meeting of the Committee, Members were appraised of ongoing public concern in respect of anti-social behaviour within the borough, particularly relating to the use and control of alcohol both on and off premises in the town.

 

Committee Members agreed that it would be useful to undertake a piece of scrutiny work and established a Task and Finish Group in order to do so. Following an initial scoping meeting, the Task and Finish Group agreed that a review of the regulation and safeguarding arrangements for the economy of Boston should be undertaken to address public concerns.

 

The Task and Finish Group diligently set about their task and talked to many stakeholders with an interest in the subject, and informed by the findings of a public consultation exercise that returned over 150 responses. Stakeholders engaged included the Police, Licensing professionals, community group representatives and many partners with discussion supported by data provided on antisocial behaviour, crime and CCTV reports.

 

The Covid-19 pandemic delayed the review; however, the Task and Finish Group concluded their work with a report to the parent committee on 3rd November 2020. The report and the supporting appendices that the Committee received clearly demonstrated the diligence of Members, officers and partners involved in the review, and delivered 13 recommendations, which were robust and wholly supported by the Committee.

 

The request before Cabinet was an invitation to thank Members and officers of the Task And Finish Group and the parent Committee for their outstanding work, accept the  recommendations attached at appendix A in their entirety, and agree to them being taken forward, set out as follows:

 

1.         Cabinet determine to note the findings and to thank the Members and Officers involved in the Task and Finish (T&F) Group / Environment and Performance (E&P) Committee for their well-considered and thorough scrutiny work; and agree to accept in full their recommendations at appendix A.

2.         Cabinet delegate responsibility to the Assistant Director Regulation to take forward the recommendations, in consultation with the relevant Portfolio Holder/Chair of Boston Town Area Committee (BTAC).

 

The Leader thanked all involved for their thorough work and gave full support to the recommendations.

 

 

 

OTHER OPTIONS OR ALTERNATIVES CONSIDERED

 

To dismiss  ...  view the full minutes text for item 116.

117.

PORT OF BOSTON - GATEWAY TO GROWTH pdf icon PDF 307 KB

(A report by Clive Gibbon, Economic Development Manager)

 

Portfolio Holder: Councillor Nigel Welton

 

Minutes:

 

DECISION

 

1.    That a sum of not more than £20,000 from the Transformation Fund financial support be approved for the Midlands Connect feasibility study.

 

2.    That a budget of £30,000 be allocated to the Deputy Chief Executive for the purpose of supporting ongoing project development, to include but not exhaustive any feasibility or viability studies and any external advice that may support the project development.

 

Portfolio Holder and Officer

 

NW / CG

 

 

REASON FOR DECISION

 

The Deputy Leader presented a report, which provided information regarding development of the project "Port of Boston - Gateway to Growth".  This included the Economic, Social and Environmental impact on both the local and regional economies.  The project would create a super-efficient logistics hub with real international significance enabling Boston and southeast Lincolnshire to safeguard the existing 40,000+ jobs and, through new innovation, create further employment opportunities to influence and inspire communities to realise their full potential and raise the aspirations for future generations.

 

The east of England, and especially Boston and southeast Lincolnshire was synonymous with the fresh produce food sector, including having the largest food logistics and storage cluster. The Lincolnshire food sector was based on both strong local and regional food production as well as processing millions of tonnes of imports each year from over 39 countries worldwide.

 

Efficient, timely and reliable international and national logistics were essential to sustain the 90,000 jobs in agriculture and food processing in Lincolnshire and neighbouring Local Enterprise Partnership areas in the East Midlands and East Anglia, known as the UK Food Valley.

 

The economic rationale behind the Gateway to Growth project was clear and would provide huge opportunities for Boston and sub-regional areas to strengthen their economies, enhance and create further job opportunities, add value to private sector investment and carbon reduction related strategies and enhanced connectivity that supported the Midlands Engine for growth and the manufacturing belt of the UK.

 

Cabinet was asked to consider two recommendations:

 

(i)            To provide, from the Transformation Fund financial support to the Midlands Connect feasibility study of not more than £20,000.

(ii)          To allocate a budget of £30,000 to the Deputy Chief Executive for the purpose of supporting ongoing project development, to include but not exhaustive any feasibility or viability studies and any external advice that may support the project development.

 

These recommendations were required to demonstrate to the Council’s partner, Lincolnshire County Council (LCC), the support of the Council to the Midlands Connect feasibility study and to provide ongoing support for project initiation and development. Without this funding, the project would not be able to progress to the next stage and LCC would not support a Midlands Connect submission.

 

Highways infrastructure, both the ability for the existing network to support current traffic demands and also the additional demands generated through anticipated growth in the area as a result of the Port of Boston, the Food Valley, the designation of Greater Lincolnshire as one of an area of High Potential Opportunity (HPO) and the impact of the  ...  view the full minutes text for item 117.

118.

ROUGH SLEEPING ACCOMMODATION PROGRAMME pdf icon PDF 136 KB

(A report by Michelle Howard, Assistant Director – Housing and Wellbeing)

 

Portfolio Holder: Councillor Martin Griggs

Minutes:

 

DECISION

 

1.    That a partnership arrangement with Framework Housing Association be agreed to allow for the delivery of ten units of accommodation through the Rough Sleeping Accommodation Programme.

 

2.   That the Portfolio Holder for Housing & Communities be delegated the development of a local lettings policy to ensure that the units of accommodation delivered through this scheme are allocated to rough sleepers or those at risk of rough sleeping and that these units are available for this purpose for a minimum of 30 years.

 

 

Portfolio Holder and Officer

 

MG / MH

 


 

 

REASON FOR DECISION

 

Councillor Martin Griggs presented a report outlining the Rough Sleeping Accommodation Programme. The Government had placed significant emphasis on addressing rough sleeping during the Covid-19 pandemic. Building on an existing focus on reducing rough sleeping, the Council had been successful in accessing additional funding for emergency accommodation provision and had repurposed existing rough sleeping funding to ensure a proactive and effective response.

 

The next phase of the Government’s Covid-19 response to homelessness was to make accommodation available longer term for those who had been accommodated during the pandemic, and to make this accommodation available for the purpose of providing accommodation for current and future rough sleepers on a longer term basis (30 years) through the Rough Sleeping Accommodation Programme (RSAP).

 

In August 2020, Local Authorities were invited to bid to the Government’s Rough Sleeping Accommodation Programme. Local Authority bidders to this capital programme were required to either have Homes England Investment Partner status or to work with a suitably experienced partner with this in place.

 

A bid was submitted by the Council endorsing Framework Housing Association as its delivery partner. This had been accepted by the Ministry of Housing, Communities and Local Government (MHCLG) and Homes England who had agreed an allocation of £739,297 (capital and associated support revenue costs) to deliver ten units of accommodation in the borough of Boston. These units would be available for occupation by 31st March 2021. Allocation of these units would be prioritised for rough sleepers / those at risk of rough sleeping. It was proposed that this was managed via a specific allocations agreement known as a local lettings policy.

 

Homes England were currently in the final stages of a due diligence process and wer preparing to issue contracts. The funding would be allocated directly to Framework Housing Association.

 

Members commended the programme, which would help the most vulnerable people, and welcomed it particularly at this time of year as the weather worsened.  

 

There was surprise and disappointment that no other housing providers had submitted a proposal, especially the larger providers in the borough, when this was so important.  In addition, it was remarked that the programme would need regular scrutiny to ensure it was delivering the service appropriately. 

 

In response, Councillor Griggs confirmed that scrutiny would be achieved through the proposed local lettings policy, a service level agreement that would be drawn up between the Council and Framework HA, as well as the submission of periodic evidence for  ...  view the full minutes text for item 118.

119.

TOWNS FUND ACCELERATOR PROJECT 'EXPERIENCE BOSTON' pdf icon PDF 131 KB

(A report by Luke Skerritt, Museums, Arts and Heritage Manager)

 

Portfolio Holder – Councillor Richard Austin

Additional documents:

Minutes:

DECISION

 

That a procurement exemption be approved to allow the direct award of a contract to Placemarque for £60,000 to deliver the consultancy, design, manufacture and installation of the interpretative signage element of the Towns Fund Accelerator Project ‘Experience Boston’.

 

 

Portfolio Holder and Officer

 

RA / LS

 

 

REASON FOR DECISION

 

Councillor Richard Austin presented a report, which detailed the content of the Towns Fund Accelerator Project ‘Experience Boston’ and requested that a £60,000 procurement exemption be made for contracting the delivery of the interpretative element of the scheme.

 

Councillor Austin said this was very much a good news item for Boston. The £80,000 Towns Fund Accelerator project had been previously agreed by Cabinet. £60,000 of this was to be used to deliver an interpretation scheme. Due to the £25,000 limit in the Council’s procurement exemption rules this had to come to Cabinet again.

 

This was the second phase, and extension, of work to develop interpretation schemes and to design, manufacture and install signage and street interpretation furniture relating to Boston’s heritage and associated heritage artwork. It would go hand in glove with, and enhance, initiatives at various locations such as the six Boston Buoys project, and the Pilgrim Memorial and Structures on the Edge sites, Customhouse Quay and Central Park plus other town centre locations to be agreed with the consultants.

 

The scheme would achieve the delivery of quality enhancements in the public realm, developing Boston’s historic and cultural offer and its attraction as a destination as well as a place for people to live work and invest.

 

The grant agreement was given the formal go ahead in September and it dictated that the work had to be initiated and completed by 31st of March 2021. The first phase of this interpretation and place branding scheme was carried out by Placemarque. It was therefore sensible and practical for them to complete this second part of the project for £60,000. Placemarque specialised in this type of work and came with a very good track record both from the phase one work they had completed in Boston and in other towns and cities round the country.

 

The Council’s Contract and Procurement Procedure Rules had a £25,000 threshold on exemptions, above which it was necessary to seek Cabinet approval for an exemption, as in this case. It would not be possible to meet the 31st of March deadline using the normal procurement avenue. The graphic and sign toolkit in the report was produced during the initial phase of this project.  This Towns Fund Accelerator project was a precursor and related to the main Town Fund Deal. 

 

Councillor Austin concluded by proposing that a procurement exemption be approved by Cabinet to allow the direct award of a contract to Placemarque for £60,000 and that the wider scope of the project delivery and work with partners was noted.

 

A Member queried why no other company had been considered to deliver the scheme.   Councillor Austin explained that, as approval had only been received  ...  view the full minutes text for item 119.

120.

CCTV ANNUAL POLICY UPDATE 2020 pdf icon PDF 164 KB

(A report by Andrew Haw, CCTV Manager)

 

Portfolio Holder: Councillor Paul Skinner - Leader

Additional documents:

Minutes:

DECISION

 

That the CCTV Policy presented at Appendix A be adopted and that it becomes effective on Monday 14th December 2020 and will remain effective until further review.

 

 

Portfolio Holder and Officer

 

RA / LS

 

 

REASON FOR DECISION

 

The Leader, Councillor Paul Skinner, introduced a report, which presented the CCTV Annual Policy Update for 2020.

 

The Council’s CCTV Policy became effective in December 2015 and was reviewed and signed off by Members on an annual basis. The CCTV Policy covered all CCTV cameras owned and managed by the Council. Cameras covered many of the Council’s operational buildings, such as the offices on West Street, the Depot on St Johns and the Geoff Moulder Leisure complex, as well as the cameras installed on the primary refuse fleet. The policy also covered the Council’s overt cameras within the Market Place and other areas with Boston and beyond.

 

This year there had been no amendments to the existing policy and the recommendation was to agree the continuation of the policy until further review, which will become effective on 14th December.

 

The policy was scrutinised by the Environment & Performance Committee at its meeting on 14 July when it resolved to recommend the policy to Cabinet for adoption.

 

 

 

OTHER OPTIONS OR ALTERNATIVES CONSIDERED

 

None.

 

 

RECORD OF ANY CONFLICT OF INTEREST

 

None.

 

 

RECORD OF ANY DISPENSATION GRANTED

 

None.

 

121.

PUBLIC SPACES PROTECTION ORDER (PSPO) "ALCOHOL" REVIEW pdf icon PDF 420 KB

(A report by Peter Hunn, Community Safety Manager)

 

Portfolio Holder: Councillor Paul Skinner - Leader

Minutes:

 

DECISION

 

That the Public Spaces Protection Order (PSPO) (Alcohol) and its enforcement provisions be extended for another three-year period, commencing from 12th January 2021, and the area remains the same as the original order which came into force on 12th January 2015 and which was also extended for a further 3 year period from 12th January 2018.

 

Portfolio Holder and Officer

 

PS / PH

 

 

REASON FOR DECISION

 

The Leader, Councillor Paul Skinner, introduced a report relating to a review of the Council’s Public Spaces Protection Order (PSPO) relating to alcohol.

 

 

The current alcohol-related PSPO expired on 11th January 2021, marking the end of the second 3-yearly review of the original order, which commenced on 12th January 2015.

 

The Council was the first in the country to make such an order when the Government passed new legislation in late Autumn, 2014.

 

Since the order took effect in January 2015, only two individuals had breached the conditions set within the legislation.  This showed that the order was a powerful part of the Council’s enforcement toolbox in addressing street drinking and alcohol related nuisance and anti-social behaviour.  However, officers soon became aware that, whilst anyone caught drinking alcohol within the exclusion zone adhered to the request to leave the area or stop drinking with immediate effect, the new legislation did not stop them from returning and doing the same within days, if not hours, of being told to stop.  Therefore, officers of the Council and the Police came up with an incremental enforcement approach in addressing those few individuals and numerous other councils had since adopted this approach.

 

Anyone caught drinking alcohol within the exclusion zone had their name and address details taken, even if they adhered to the order by stopping drinking or were willing to leave the excluded area.  The details were sent to the Community Safety Team, who recorded the incident on their ASB Database.  Then, officers issued either a stage 1 advice letter for the first incident, a stage 2 warning letter, if they were caught again within six months of the first occasion, progressing to Community Protection Notices for the 3rd and 4th occasions.

 

Since 2015, 1205 individuals had been dealt with under this tiered approach and only 121 of those had been classified as repeat drinking.  This showed that the majority of individuals caught only need telling once, which was a real success story demonstrating that the Council used the legislation Government available, but also thought outside the box when legislation did not quite go far enough to address the issue.

 

In accordance with legislation, a PSPO could last no longer than 3 years without review and the time had come for the next review.

 

Lincolnshire Police had been consulted fully throughout the whole process and shared the Council’s view that the current order and its highlighted exclusion zone remained the correct area to focus on.  Also, they agreed that not having such an order would take away a valuable  ...  view the full minutes text for item 121.

122.

AIR QUALITY ACTION PLAN PROGRESS REPORT pdf icon PDF 190 KB

(A report by Nick Davis, Principal Environmental Health Officer)

 

Portfolio Holder: Councillor Yvonne Stevens

Additional documents:

Minutes:

 

DECISION

 

That the aims and measures within the Air Quality Action Plan be supported and the Assistant Director Regulation and the Portfolio Holder for Environmental Services be delegated to ensure its advancement and provide progress reports to Cabinet and/or Scrutiny Committee at appropriate junctures.

 

Portfolio Holder and Officer

 

YS / ND

 

 

REASON FOR DECISION

 

Councillor Yvonne Stevens introduced a report, which gave a progress report on the Council’s revised Air Quality Action Plan (AQAP).

 

The AQAP was brought before Cabinet in May 2020 following a consultation exercise with a number of organisations and the wider public to seek Cabinet’s formal approval of the AQAP and its submission to the Department of Environment, Food and Agriculture (DEFRA).  An Air Quality Action Plan was required where Air Quality Management Areas (AQMA) had been declared because of a failure to meet national air quality standards. The AQAP set out a series of actions the Council would pursue to improve air quality in these areas.

 

Cabinet approved the AQAP and its submission to DEFRA, and requested that a report be brought back to Cabinet every six months following DEFRA approval to report on progress on the plan. This report fulfilled this request. It reported on the outcome of the DEFRA submission, which resulted in some minor changes to the AQAP, and informed Cabinet of progress on the action plan to date.

 

Progress had been made in a number of areas, particularly those that Environmental Health, in collaboration with other sections of the authority, were concerned about, despite resources being drawn away to other duties required by regulation and enforcement around COVID19 and increased demands on the service.  A number of these were highlighted at in the report and a full progress list against actions was set out in Appendix 1. 

 

In particular, it was noted that it was the Council’s intention to consider revocation of the Bargate Bridge AQMA, as it has demonstrated long-term compliance with the Air Quality Objectives and was supported by DEFRA.  A separate report with the supporting data would be made to Cabinet with a recommendation to revoke the AQMA in the next few months.

 

Members commended the improvements and welcomed the provision of 23 EV charging points within Council-owned car parks and the improvements at Bargate Bridge. 

 

 

 

OTHER OPTIONS OR ALTERNATIVES CONSIDERED

 

The assessment and management of air quality is a statutory requirement as is the declaration and implementation of an AQAP where it has been necessary to declare an Air Quality Management Area for breaches of national air quality standards.

 

 

 

RECORD OF ANY CONFLICT OF INTEREST

 

None.

 

 

RECORD OF ANY DISPENSATION GRANTED

 

None.

 

 

123.

QUARTER 2 REPORT - PERFORMANCE, RISK AND FINANCE pdf icon PDF 186 KB

(A report by Suzanne Rolfe, Transformation & Governance Manager, and Tim Sampson, Accountancy Manager - Revenues & Systems)

 

Portfolio Holders: Councillors Paul Skinner – Leader (Performance) and Jonathan Noble (Finance and Risk)

Additional documents:

Minutes:

 

DECISION

 

1.    The quarterly monitoring information for Quarter 2 be noted.

 

2.    Specific finance recommendations, summarised below, be approved:

 

  • F1: Reserve movements detailed in Table 6 of the report;
  • F2: The updated capital programme detailed in Table 8;
  • F3: Supplementary estimates in respect of the Accelerated Towns’ Fund, as set out in Table 11
  • F4: Supplementary estimates in respect of COVID-19, as set out in Table 12

 

Portfolio Holder and Officer

 

PS / JN

SR / AS

 

 

REASON FOR DECISION

 

The Leader introduced a report, which set out in detail the performance, risk and finance monitoring information for Quarter 2, the period 1 July to 31 September 2020.

 

It was noted that Covid-19 was clearly having an impact on the Council’s performance in some areas, but that the Council’s teams, across the board, were doing a great job in difficult circumstances.

 

Councillor Noble confirmed that there were no changes to report with respect to risks and then went through the main points of the finance information, recommending specific finance recommendations for approval.

 

 

 

OTHER OPTIONS OR ALTERNATIVES CONSIDERED

 

Alternative reporting arrangements.

 

 

RECORD OF ANY CONFLICT OF INTEREST

 

None.

 

 

RECORD OF ANY DISPENSATION GRANTED

 

None.