Agenda and minutes

To sign and confirm the minutes of the Council meeting held on 28^th February 2019.

The minutes of the meeting of the Council held on 28 February 2019 were taken as read and signed by the Mayor as a correct record.

To receive apologies for absence.

Apologies for absence were received from Councillors Michael Cooper and Frank Pickett.

To receive communications (if any) from the Mayor and the Chief Executive

The Chief Executive reported on the death of Mr. Jack Barnes, the last Chairman of the Boston Rural District Council in1973/74.

The Mayor offered the Council’s congratulations to Councillor Richard Austin on being awarded the British Empire Medal in the Queen’s Birthday Honours.

To receive deputations or petitions (if any) pursuant to Rules 12 and 13 of the Council’s Rules of Procedure

The Chief Executive reported there were no deputations or petitions.

To answer questions (if any) from elected members pursuant to Rule 11 of the Council’s Rules of Procedure

The Chief Executive reported there were two questions each from Councillors Neill Hastie, Anne Dorrian and Brian Rush.

Question asked by Councillor Neill Hastie pursuant to paragraph 11 of the Rules of Procedure as set out in the Constitution.

“In the past I’ve been told that that the toilets need to be locked to stop the homeless taking up residence and to stop vandalism. 

If a person was to take up residence in one of the toilets or had the intention to vandalise said toilets then a charge of 20p would not stop them. 

Is it not time, given the huge number of complaints about people urinating in the park and also in the streets of Boston, oftentimes exposing themselves to vulnerable children and women in the process, to make all council toilets free for use and available to use 24/7 as a solution to tackling this problem”

Response by Councillor Chelcei Sharman

“If Councillor Hastie could supply me with the details on the individual complaints and statements he is referring to after this meeting I will ask officers to investigate them further and answer this element in writing.

However, following a tour of its assets undertaken on 20 June 2018 and a report on Public Conveniences to its 25 July committee meeting, the Boston Town Area Committee or BTAC, set up a Working Group to review and consult on the challenges it faced in the management of its Public Conveniences and their security.”

Supplemental question asked by Councillor Hastie pursuant to paragraph 11.6 of the Rules of Procedure as set out in the Constitution:-

“Thank you, but that doesn’t answer my question about being open 24/7 and free to use. It doesn’t cost anything to keep them open and only £17,000 comes in, so it wouldn’t break the bank.  If the Council scrapped the Cabinet system it would save £33,000 per annum, which could be used to fund the opening of the toilets and invest in other services in Boston.”

Response by Councillor Sharman

“I will provide a written response to your question.”

Question asked by Councillor Neill Hastie pursuant to paragraph 11 of the Rules of Procedure as set out in the Constitution.

“A scrutiny committee should act independently with a level of trust so why has a conservative party councillor and a CONSERVATIVE GROUP councillor been made chair and deputy chair of a scrutiny committee that will be looking at scrutinising key issues and decisions made by the conservative party/group within the town?”

Response by Councillor Welton

“As you will recall, at the Annual Meeting of the Council held on 20 May 2019, it was full Council who appointed the Chairmen and Vice-Chairmen of the Committees.”

Supplemental question asked by Councillor Hastie pursuant to paragraph 11.6 of the Rules of Procedure as set out in the Constitution:-

“How can the opposition trust a chairman and vice-chairman to act in the best interest and without pressure from the ruling group and not to divulge information.  There has been  ...  view the full minutes text for item 13.

To answer questions (if any) from members of the public pursuant to Rule 10 of the Council’s Rules of Procedure – for this meeting the deadline is 5 p.m. on Wednesday 10 July 2019.

The Chief Executive reported there were no questions from members of the public.

To receive declarations by Members of any interests in respect of items on the agenda

No declarations of interest were made.

(Report by the Chief Executive)

The Chief Executive introduced a report seeking nominations for appointment as Leader of the Council for the remainder of the Council term 2019/20 to 2023/24.

The report stated that the Local Government Act 2000 and the Council’s Constitution required the Council to appoint a Leader at the start of each Council term.  The appointment is normally for the whole Council term, but the Constitution set out the circumstances in which the appointment may end.

At the Annual Meeting of the Council held on 20 May 2019, Council had resolved that Councillor Michael Cooper be appointed as Leader of the Council for the Council term 2019/20 to 2023/24. 

In accordance with the requirements of the constitution, Councillor Cooper had given notice that he was stepping down as Leader with effect from 15 July 2019.  This created a vacancy for the position of Leader of the Council for which nominations were being sought.

It was noted that the Leader may amend the size and composition of the Cabinet.  Should any changes be made by the new Leader, Members would be informed accordingly.  

It was proposed that the Chief Executive be granted delegated authority to make any necessary consequential Constitutional changes as a result of the appointment of a new Leader of the Council.

In accepting the nomination the Leader Elect stated that the Council would be stronger if everyone worked together.  The best way of dealing with matters was being open to different views.  There would be difficult decisions to be made and which everyone should be engaged with and compromises made if appropriate.  Trust needed to be built across the Chamber, to actively engage and move forward to work together.

It was moved by Councillor Nigel Welton, seconded by Councillor Paul Skinner  and

(To receive the confirmed minutes of the meeting of the Audit and Governance Committee held on 28 January and 25 March 2019.)

Councillor Jonathan Noble introduced the confirmed minutes of the Audit and Governance Committee held on 28 January and 25 March 2019 highlighting the key matters considered by the Committee.

It was moved by Councillor Jonathan Noble, seconded by Councillor George Cornah and 

(Report by the Monitoring Officer)

The Monitoring Officer introduced a report seeking approval for the re-appointment of non-elected representatives Mr. Alan Pickering as the Lay Member on the Audit and Governance Committee and Mrs. Alison Fairman as the Independent Person to assist the Monitoring Officer in dealing with allegations of Member misconduct.

It was moved by Councillor Jonathan Noble, seconded by Councillor George Cornah and

(Report by the Chief Executive)

The Chief Executive introduced a report setting out that it was good practice for local authorities to develop and publish an annual report on work undertaken by its committees throughout the previous municipal year. 

Draft annual reports for 2018/19 had been produced for the Council’s Scrutiny Committees, Planning Committee and Boston Town Area Committee which were appended to the report.

It was moved by Councillor Judith Skinner, seconded by Councillor Tom Ashton and

(Report by the Monitoring Officer)

The Monitoring Officer introduced a report seeking expressions of interest to serve as the Council’s representatives on NACRO Services in Lincolnshire and the St. Leonards Hospital Trust.

It was moved by Councillor Paul Skinner, seconded by Councillor Martin Griggs and

It was moved by Councillor Anne Dorrian, seconded by Councillor Aaron Spencer and

Two Motions on Notice had been received in respect of climate change, and the Council’s response to those issues.

The Monitoring Officer issued procedural advice on the decision making process for two similar motions on the same subject.

A Procedural Motion in accordance with Rule 16(D) was moved by Councillor Nigel Welton and seconded by Councillor Anne Dorrian that:

Noting the many impacts on the Council and our partners, it is proposed all aspects and issues referred to in both Motions on the agenda be referred to the next available meeting of the Environment and Performance Committee for detailed consideration and an action plan.  An interim report to be submitted to full Council in November 2019 and a final report to Council in January 2020.

There was a consensus amongst Member for the proposed referral to scrutiny to identify the issues, actions and limitations, resources required and achievable timescales, subject to the work being completed in the current municipal year.

A Procedural Motion in accordance with Rule 16(J) was moved by Councillor Nigel Welton, and seconded by Councillor Aaron Spencer, that the question be now put.

On being put to the vote the Procedural Motion that the question be now put was carried.

The Procedural Motion under Rule 16(D) was then put to the vote and it was