Apologies for absence were received from Councillor Steve Kirk.

At this point in the meeting Members were invited to declare any relevant interests, no such declarations were made.

To confirm the Minutes of the Meeting held on 2^nd November 2022.

The Minutes of the Meeting held on 2nd November 2022 were confirmed and signed as a correct record.

To confirm Actions following the Meeting held on 2^nd November 2022.

The actions of the meeting held on 2^nd November were confirmed as complete.

To consider approval of the new Lincolnshire Homelessness and Rough Sleeper Strategy 2022-27.

That the new Lincolnshire Homelessness and Rough Sleeper Strategy 2022 -2027 be approved and adopted.

A report was presented to enable consideration of the Lincolnshire Homelessness and Rough Sleeper Strategy.  It was noted that the Homelessness Act 2002 required all Local Authorities to undertake a review of homelessness in their areas and to formulate and publish a strategy at least every 5 years based onthe findingsof thisreview.  The current strategy expired this year and therefore a revised strategy must be published.

The new draft strategy (Appendix B) had been written following consultation with key stakeholders from across Lincolnshire which had helped to formulate the priorities for the next 5 years.

The Portfolio Holder for Better Aging expressed his thanks to officers involved in bringing the Strategy forward.  A summary of the consultation undertaken this year was attached at Appendix C to the report presented.  The Strategy would be reviewed annually by all District Councils and the Partnership Manager.

The Portfolio Holder noted further that challenges may change over the next five years, and would be picked up in the Action Plan.  In respect of funding implications, Members noted that the Council was in receipt of a Homelessness Grant and revenue through its service budget.  Whilst it was noted that Government may step in with additional funding, any funding issues would be raised through Management Team and the Portfolio Holder. 

During discussion Members were supportive of the collaborative work. 

RESOLVED

That the new Lincolnshire Homelessness and Rough Sleeper Strategy 2022 -2027 be approved and adopted.

Reasons:

The Council must have a current strategy to be compliant with legislation.

The strategy will provide the priorities for the next 5 years which Lincolnshire Councils and other organisations will work together to achieve.  

There will be an action plan produced setting out how the priorities will be achieved, and this will be a working document which will be updated as and when required.

Any local issues specific to East Lindsey district should be covered by the priorities of the strategy.  If this were not the case, these issues would be dealt with on a local level and updates provided to the Portfolio holder.

The other Lincolnshire District Councils agree with having a countywide strategy.

Other options:

The Council could adopt its own strategy or a sub-regional strategy for SELCP.

Having individual council strategies or a sub-regional SELCP strategy has been discounted because a countywide strategy is seen as good practice and cost effective.  Many of the priorities require Lincolnshire to work together to achieve better outcomes for our residents

Having a countywide strategy has also helped increase grant funding for countywide housing and homelessness initiatives. This is because it evidences the seven Lincolnshire Councils and where applicable Lincolnshire County Council can work together for the benefit of its residents. 

To secure additional funding from reserves for in house managed schemes so that the construction contracts for the projects can be entered into.

That it be recommended to Council that up to £3.5m be allocated from reserves to support the Towns Fund Projects. The final amounts to be subject to agreement with the Council’s Section 151 Officer, The Lead Member for Finance, the Chief Executive, and the Leader of the Council.

A report was presented that enabled consideration of additional funding from reserves for in house managed schemes so that the construction contracts for the projects could be entered into.

Following the successful approval of the Towns Investment Plans, the Government offered a Town Deal to the value of £23.9m for Mablethorpe and £24.5m for Skegness to fund 13 different schemes.  Six of those projects were to be managed by the Council with capital cost of £35m.  Now that submissions had been received and reviewed with respective contractors, there was a requirement to commit a further maximum amount of £3.5m to these projects from reserves.  This represented an uplift of around 10% and was largely due to inflationary pressures.

The funds would be set aside on a contingency basis and funded from the Growth Reserve and/or the returned Property Fund Debt.  During discussion Members were supportive and agreed a contingency was reasonable in light of some fairly major projects.

Following which it was

RESOLVED

That it be recommended to Council that up to £3.5m be allocated from reserves to support the Towns Fund Projects. The final amounts to be subject to agreement with the Council’s Section 151 Officer, The Lead Member for Finance, the Chief Executive, and the Leader of the Council.

Reasons:

The schemes have so far been part of an initial selection, scoping, design and now costing process. In order for the projects to be progressed to the delivery stage, approval needs to be given to adjust the Councils Capital Programme. Each project will form part of the Councils capital monitoring process going forward.

Other options:

Members could decide not to progress some or all of the schemes. This would represent a lost opportunity and is likely to be a false economy as much of the work, such as improvements to the Mablethorpe Leisure and Learning Centre will need to be undertaken in the future if we are to continue to provide the facilities.

Re-engineering of the schemes will continue going forward to ensure that costs are kept to a minimum. Alternative funding opportunities will also continue to be sought.

To seek Executive Board approval for the Council to enter into a Section 30 Agreement with the Environment Agency in relation to the title deed of land impacted by the redevelopment of the Colonnade project site in Sutton on Sea.

That Full Council be recommended to authorise the Chief Executive, S151 Officer or Deputy Chief Executive (Programme Delivery) to enter into the Section 30 Agreement on behalf of the Council with the Environment Agency, as provided at Appendix A.

A report was presented that sought a recommendation to Council for the District Council to enter into a Section 30 Agreement with the Environment Agency (EA) in relation to the title deed of land which was impacted by the proposed and approved Towns Fund Investment Plan project to enhance the Promenade and Pleasure Gardens setting.  The final copy of the Agreement followed a lengthy and detailed process of negotiation with the Environment Agency which had also informed additional amendments to the final site layout.

The Agreement placed a future financial liability on the Council to contribute up to a maximum of £750,000 over a fifty-year period towards future sea defence enhancement works where the Council’s new investment into the Colonnade facilities could be proven by the EA to have directly resulted in an uplift in costs for the Agency to improve the adjacent sea defence structures.  It was unlikely (outside of emergency events) that the agreement would be called upon for at least five years from the point of signing to enable the Agency to conclude their future coastal adaptation strategy from Saltfleet to Gibraltar Point and to secure the resources required for their baseline investment plan and programme for the future enhancement of the sea defences.

During discussion, Members were supportive of the recommendation and the Portfolio Holder for Planning highlighted the time invested and the support of the local Member of Parliament.

The Chairman of Executive Board wished to extend his thanks to officers involved.

Following which it was

RESOLVED

That Full Council be recommended to authorise the Chief Executive, S151 Officer or Deputy Chief Executive (Programme Delivery) to enter into the Section 30 Agreement on behalf of the Council with the Environment Agency, as provided at Appendix A.

Reasons:

To formally resolve and remove the holding objection from the Environment Agency in relation to the Sutton on Sea Colonnade planning application (ref: N/110/00176/21).

To enable the Towns Fund Investment Plan project to progress towards completion of the detailed technical design, cost certainty and procurement of the main contractor, based on the resolution of the detailed planning consent and associated conditions and agreements being in place.

Other options:

Do nothing – the holding objection to the deposited planning application would remain in place and the scheme would not be viable to proceed with, resulting in the loss of Town Deal funding towards the proposed development.

To condition the signing of the Section 30 Agreement as a pre-commencement condition of the planning process or to seek alternative legislative mechanisms to establish the same principles – the Environment Agency have confirmed that they will refer the application to the Secretary of State if it is approved without a signed Section 30 Agreement being in place before consent is granted as they do not have any subsequent call in powers on the discharge of planning conditions. The EA have not been willing to consider any alternative consents, permits or agreements to cover the Section 30 requirements.

To consider a new updated version of the Contract Procedure Rules and an amendment to the Financial Procedure Rules.

1.       That the draft revised Contract Procedure Rules at Appendix 1 to this report be noted;

2.       That the revised financial procedure rule for Banking arrangement and cheques as detailed in Paragraph 1.12 of the report be noted;

3.       That the Delegations to Officers be approved, that set out the authorisation for decision making in relation to Contract Procedure Rules at Appendix 2 to this report. This approval will be subject to a Council decision to amend the Council Procedure Rules.

A report was presented to enable consideration of a revised draft set of Contract Procedure Rules with appropriate delegations that provided additional clarity around the procedures to be followed and reflected the Council’s management structure.  In addition, there was a recommended change to the Financial Procedure Rules which would allow alignment with the new finance system used across all 3 Councils when authorising payments.

The Audit and Governance Committee considered the proposed amendments to the Contract Procedure Rules and Financial Procedure Rules at its meeting on 23 November 2022 (minute No. 35 refers), with a view to making a recommendation to the Council for its consideration.

Whilst agreement of these constitutional changes was a Council function, decisions relating to the award of contracts were executive decisions.  Accordingly, the Executive was asked to consider and approve Delegations to Officers, that set out the authorisation for decision making in relation to the proposed Contract Procedure Rules.

Following which it was

RESOLVED

1.       That the draft revised Contract Procedure Rules at Appendix 1 to this           report be noted;

2.       That the revised financial procedure rule for Banking arrangement and cheques as detailed in Paragraph 1.12 of the report be noted;

3.       That the Delegations to Officers be approved, that set out the authorisation for decision making in relation to Contract Procedure Rules at Appendix 2 to this report. This approval will be subject to a Council decision to amend the Council Procedure Rules.

Reasons:

·       To ensure that the Council has robust, up-to-date Contract Procedure Rules that provide clarity to officers, members, and potential contractors.

·       In addition to the above, to ensure compliance with audit requirements as some of the Partner Councils have had audit recommendations to update their Contract Procedure Rules.

·       To ensure a clear and consistent approach in the award of contracts and safeguard the public’s trust and confidence and promote public accountability and good procurement practice.

·       To help avoid governance failures in the Council’s procurement activity.

Other options:

To do nothing which would result in the retention of the existing Contract Procedure Rules.

To consider the Performance and Governance Framework – Quarter 2 Monitoring Report 2022/23.

That the information contained within the Quarter 2 Monitoring Report 2022/23 be noted.

A report was presented that enabled consideration of the Quarter 2 Monitoring Report 2022/23, (as at September 2022).

During discussion the Chairman of Executive Board advised that Portfolio Holders would review information relating to their services.

The Portfolio Holder for Planning highlighted that Planning and Strategic Infrastructure status was improved and detailed at page 146 in green.

Following which it was

RESOLVED

That the information contained within the Quarter 2 Monitoring Report 2022/23 be noted.

Reasons:

To monitor delivery of performance and governance objectives and to support future planning and decision making within the Council.

Other options:

None.

1)    That the forecast full year forecast deficit of £154,000 and the detail set out in Appendix A to this report be noted;

2)    That a grant of £175k be received by East Lindsey District Council (ELDC) on behalf of ELDC, Boston Borough Council and South Holland District Council to be spent on cyber resilience in ICT infrastructure across the Partnership by Public Sector Partnership Services Ltd.

A report was presented that set out the outturn forecast at the end of Quarter 2 for East Lindsey District Council for 2022/23 and provided information on the Council’s balances and reserves, including the capital position for Quarter 2.

The Portfolio Holder for Finance wished to include an additional recommendation relating to the ICT Grant referenced within the body of the report as follows:

‘That a grant of £175k be received by East Lindsey District Council (ELDC) on behalf of ELDC, Boston Borough Council and South Holland District Council to be spent on cyber resilience in ICT infrastructure across the Partnership by Public Sector Partnership Services Ltd’

The additional recommendation was supported.

The Chairman of Executive Board paid credit to the work of officers and acknowledged the challenges faced.

Following which it was

RESOLVED

1)    That the forecast full year forecast deficit of £154,000 and the detail set out in Appendix A to this report be noted;

2)    That a grant of £175k be received by East Lindsey District Council (ELDC) on behalf of ELDC, Boston Borough Council and South Holland District Council to be spent on cyber resilience in ICT infrastructure across the Partnership by Public Sector Partnership Services Ltd.

Reasons:

To ensure the Council’s forecast financial position for 2022/23 is considered. It is important that the Executive are aware of the financial position of the General Fund so that they can make informed decisions that are affordable and financially sustainable for the Council.

Other options:

To not approve the report.

To seek approval of an updated Corporate Enforcement Policy.

1)       That following consideration the revised Corporate Enforcement Policy be approved by Executive Board; 

2)       That the Assistant Director (Regulatory) be granted delegated authority to make such amendments to this policy as may from time to time be required in order to (i) reference any links or amended links to other documents as may be required; and (ii) reflect any issues over which the Council has no discretion including, but not limited to, references to any legislative changes and amended guidance. Any material amendments to the policy will be subject to the usual approval process in line with the Constitution;

3)       That all Service Managers responsible for enforcement action under this policy be granted delegated authority to take, in exceptional circumstances, such action in departure from any part of this policy as they consider appropriate subject to (i) the reasons for such departure being documented; and (ii) consultation with the relevant portfolio holder or Committee Chairman, the Council Constitution being updated as required.

A report was presented that sought approval of an updated Corporate Enforcement Policy.

It was noted that the report concerned an update and refresh of the existing Corporate Enforcement Policy that must be in place to govern all regulatory activity undertaken by or on behalf of the Council, ensuring it was fair, open and consistent.

The Policy was also worded in an identical manner to those being adopted by Boston Borough Council and South Holland District Council.

Approval was sought for the new policy and the proposed delegations as outlined within the report.

During discussion reference was made to the importance of the inclusion of Ward Members in the consultation process as they had valuable background information to contribute.

The Portfolio Holder for Market Towns and the Rural Economy suggested that Planning Enforcement cases should be circulated to Members in a similar way to the planning weekly lists.  This received support, with the caveat that appropriate legal advice was sought to ensure there was no impact on live enforcement cases and it was agreed to discuss further at the Portfolio Holder meeting.

Following which it was

RESOLVED

1)       That following consideration, the revised Corporate Enforcement Policy be approved by Executive Board; 

2)       That the Assistant Director (Regulatory) be given delegated authority to make such amendments to this policy as may from time to time be required in order to (i) reference any links or amended links to other documents as may be required; and (ii) reflect any issues over which the Council has no discretion including, but not limited to, references to any legislative changes and amended guidance. Any material amendments to the policy will be subject to the usual approval process in line with the Constitution;

3)       That all Service Managers responsible for enforcement action under this policy be granted delegated authority to take, in exceptional circumstances, such action in departure from any part of this policy as they consider appropriate subject to (i) the reasons for such departure being documented; and (ii) consultation with the relevant portfolio holder or Committee Chairman, the Council Constitution being updated as required.

Reasons:

To ensure legal compliance and best practice, it is recommended that the policy is approved and the recommended delegations are agreed.

Other options:

(i) Approve the revised Enforcement Policy and agree the recommended delegations

(ii) Approve the revised Enforcement Policy without the recommended delegations

(iii) Do nothing and retain the previous version of the policy.

N.B. Appendix is Exempt.

1.       That the proposed contract extension terms for the extension of the current public conveniences management contract from 1st April 2023 until 31st March 2024 be approved until a thorough review has been undertaken.

2.       That the additional budget as outlined in Section 2.6 be approved to be incorporated into the 2023/24 budget setting process currently underway.

An Exempt Report was presented in regard to the Public Conveniences Contract Extension.

Following which it was

RESOLVED

1.       That the proposed contract extension terms for the extension of the current public convenience’s management contract from 1st April 2023 until 31st March 2024 be approved until a thorough review has been undertaken;

2.       That the additional budget as outlined in Section 2.6 be approved to be incorporated into the 2023/24 budget setting process currently underway.

Reasons:

Extending the contract with the current provider for an additional year, will afford officers the time to conduct a full review and also investigate alternative options.  It will also provide a complete year of income information at the 40p entry fee, which is of vital importance - in assisting officers to recommend the best options, for the future provision of the facilities.

Accepting the contract extension terms negotiated with the current provider, for one year until April 2024, to provide a more informed position, in terms of visitor numbers, global impacts on energy prices and revised options for new and existing facilities across the district.

In addition, there is a project in the Annual Delivery Plan 2023/24 to review all public conveniences across the district. A one-year contract extension will enable the provision and management of the remaining 11 other toilets across East Lindsey to be considered.

There may be additional options for the toilet provision in the other SELCP Councils, that could be usefully explored as part of the review process.

Other options:

Do Nothing – The current supplier will not extend the existing contract on current terms. There will be no service provision from 1st April 2023 in our market and coastal towns.

Review contract options – The existing contract negotiations have demonstrated that tendering a new contract when utility, salary and fuel costs are high given the current economic situation is a high-risk strategy, and unlikely to provide the council with value for money over the longer term. Having not experienced a ‘normal’ year of contract delivery, during the pandemic, the Council does not have an evidenced estimate of income. A full review is required.

Provide the service in house - An in-house service would require more time to mobilise to take over the service from 1st April 2023 and would have associated revenue budget increases. Therefore, the only alternative available option would to be provide free access to the facilities and in doing-so accept a substantial drop in maintenance and cleansing standards. 

The programmed date for the next Meeting of this Board will be Wednesday 11^th January 2023.

The programmed date of the next Executive Board Meeting was noted as Wednesday 11th January 2023.