Witham Fourth District Internal Drainage Board s3

WITHAM FOURTH DISTRICT INTERNAL DRAINAGE BOARD

MINUTES

of the proceedings of the Board at a Meeting held at the Board's Offices, 47 Norfolk Street, Boston on Wednesday 18 September 2013.

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Present:- J.E. Grant Esq. (Chairman)

Messrs: J. A. Allen R. Hall-Jones D. Richmond P. Bedford C. Hardy T. W. Roberts B. Bowles A. Harrison A. Saul C. Brotherton R. F. Leggott K. Smith C. Crunkhorn F. Pickett J. W. Ward H. C. Drake P. Richardson

Mrs M. Dennis Mrs J Harrison Mrs M. Wright

Agenda 2/13: Item 2. Apologies for non-attendance were received from:-

Messrs: R. Harvey

Agenda 2/13: Item 1. 1. CHAIRMAN'S ANNOUNCEMENTS 1. 1. Lade Bank Open Day - 14 September 2013 The station was open as part of the 2013 Lincoln Heritage days and over 120 people attended. It was followed in the evening by a BBQ for staff and their families and a presentation was made to a retiring employee, Brian Smith.

1.2 Special thanks to Board’s Employees The Board would like to formally recognise the brave efforts of Ed Paul, Andrew Quincey and also Jon Banham, for attempting to save a couple whose car crashed into the Fodderdyke drain. Sadly the Roy and Ivy Emerson died at the scene. Roy Emerson was a retired employee of the Board. The Chief Executive was asked to write to the employees concerned to pass on the Board’s thanks. The funeral was attended by a number of Witham Fourth employees, former employees and members. The Engineering Manager represented the Board.

1.3 Retirement of Vice-Chairman Robert Hall-Jones had written to the Chairman indicating that he would step down after the December 2013 Board Meeting. The Chairman asked that any Board Member interested in standing as Vice Chairman should let the Chief Executive know by 31 October 2013.

1.4 ADA Annual Conference – London 13 November 2013 The Chairman informed members of the date of the Ada Annual conference and asked that any members interested in attending let the Chief Executive know after the meeting.

Agenda 2/13: Item 3. 2. DECLARATION OF INTEREST ON ANY GENERAL ITEM B. Bowles and H Drake registered their interest in any matter relating to marshland bridges.

1 Agenda 2/13: Item 4. 3. MINUTES 3.1 Board Meeting – The Minutes of the Meeting of the Board held on 12 June 2013 were submitted and signed by the Chairman.

Matters arising:

This item was not shown on the agenda 3.1.1 Triton Knoll Off Shore Wind Farm – Page 7 The Engineering Manager updated the Board in respect to a meeting held at the Board’s Offices on 13 September 2013. The depth of the land drains and the intended depth of the inland cables was raised as an issue. RWE, the company delivering the project had said that they will work with individual landowners, through their land agents, to accommodate the issues created.

R. Leggott said it was important to define how long RWE would stay ‘interested in the project, as issues may not become apparent for a number of years.

The Engineering Manager confirmed that this was covered at the meeting.

The Chairman urged those speaking with RWE to suggest a centralised meeting where landowners could present a unified front.

The Engineering Manager confirmed that he would ensure that any cable passage in relation to the Board’s drains was properly consented, to protect the Board’s interests.

Agenda 2/13: Item 5. 4. SOLAR PANELS A memorandum from the Chief Executive together with a technical specification and quotation had been sent with the agenda papers, for the Board to consider. Members were asked for their comments on the quotations prepared by FREEWATT:

A.Saul said he had used the firm to install panels and the ones specified in the quotation were considered to be the best available. Board Members were in favour of panels and their financial benefits. Boston Borough Council had fitted them to public buildings. B. Bowles said he was aware that a neighbour had installed them and after 6 months, they were performing as expected. The Chairman said the energy production diminished over time but that there were still 90% efficient after 20-25 years.

The Chief Executive reported that the North Level IDB had installed panels and the return of investment was close to 15% compared to the 1.25% return given by their bankers.

Questions were raised and answered about feed-in tariffs and the changes anticipated to this in December 2013.

Mrs Wright asked if planning permission would be required and it was confirmed by the Chairman that it wasn’t. H. Drake said that there were only marginal benefits from having the panels on the domestic properties and the Board’s Offices. C. Hardy asked if there was any land available on which to site panels and it was confirmed that there was not. R. Leggott presumed that the Board would get 3 quotes and this was confirmed by the Chief Executive. J. Allen asked if the panels would be fitted to the shed extension and this was confirmed.

R. Leggott proposed that the Board go ahead with the solar installation at the shed, this was seconded by B. Bowles, it was then :

2 Agenda 2/13: Item 5. 4. SOLAR PANELS – Continued

RESOLVED i) that solar panels would be fitted to the machinery shed at Lade Bank ii) that solar panels would also be fitted to the machinery shed extension, increasing the energy production to 50kw at this location. iii) that 2 further comparative quotes would be obtained. iv) that solar panels would not be fitted to the domestic properties at Lade Bank, nor the offices at 47 Norfolk Street.

Agenda 2/13: Item 6. 5. FUTURE MEETINGS The Chief Executive outlined the suggested dates for the Board Meetings over the next 15 months for members to note.

RESOLVED that future Board Meetings will be held on the following dates:

20 November 2013 - Committee Meetings 11 December 2013 - Board Meeting 22 January 2014 - Finance & General Purposes Committee 12 February 2014 - Board Meeting 11 June 2014 - Board Meeting 17 September 2014 - Board Meeting 19 November 2014 - Committee Meetings 10 December 2014 - Board Meeting

Agenda 2/13: Item 7. 6. MEETINGS WITH OUTSIDE ORGANISATIONS

This Item not shown on the agenda 6.1 ADA Executive Meeting - 3 July 2013 In addition to the meeting notes shown on the agenda papers, R. Leggott gave a verbal update from the last ADA Executive meeting:

6.1.1 Jean Venables Report 6.1.1.1 Environment Agency  Happy with progress on IDB/EA co-working arrangements but seeking Counsel’s opinion on whether transgressing EU Legislation.  Working with EA on Precept spending.  Best Practice at info and planning stages.  Understood at present that co-operative working will have no financial limits. 6.1.1.2 Question to EA  Will the implementation of such working practices affect precept.  Answer by EA – not yet. 6.1.1.3 Caldecott and Wentlodge Report  Should be studied by all Boards.  Jean is spending much time taking this message around the industry.  Members agreed with her that any Government interference in IDBs will be because of and through our weakest links. 6.1.1.4 Special Levies  Conultations on IDB Levies relevance to Council Tax referenda/capping 6.1.1.5 Climate Change  Giving evidence at Committee seeking to advise EU Legislators on Climate Change  Embraces much to do with water storage as well as disposal

6.1.2 Environment Agency Report  EA & Natural England to remain separate.

3 Agenda 2/13: Item 7. 6. MEETINGS WITH OUTSIDE ORGANISATIONS - Continued 6.1 ADA Executive Meeting - 3 July 2013 - Continued

6.1.3 CSR 6.1.3.1 Budgets  3yr review; DEFRA to lose 10% from Revenue and 8% from Capital Budgets 2015/16  Putting £5m more in same year for flood risk Management  EA asked to make back office savings  At same time Government looking to spend £370m on capital schemes to stimulate growth up to 2020 ( so dust of your plans, sharpen your pencils and fill in the forms) 6.1.3.2 Insurance  Government/ ABI talks continue with dead line extended (indefinitely?)  JBA involved in info gathering for insurers (now settled) 6.1.3.3 Environmental Matters  New Phrase - Environmental Permitting  Every agency known to IDBs seems to want a finger in this pie.  ADA view that IDBs and LLFA should not be subject to any more interference.  Also we heard of ‘Environmental Improvement charges’ in relation to Sustainable Extraction

Agenda 2/13: Item 6.11 6.2 Environment Agency Channel Management Manual Advisory Group Meeting - 19 July 2013 The Engineering Manager gave details of the EA Channel Management meeting he attended. He explained that ‘Land Drainage’ did not feature in the initial information in the Channel Management Handbook but after pressure from the IDB community, it did now.

C Hardy asked if the manual was intended to cover ‘how to’ in relation to management issues, but the EM explained that the manual was a tool for practitioners to determine if management is required not how the work is done. There were no other questions about other outside meetings.

Agenda 2/13: Item 8. 7. CHIEF EXECUTIVE AND FINANCE MANAGERS REPORT

Agenda 2/13: Item 8.1 7.1 Bank Balances 7.1.1 Cash Book Balances

RESOLVED that the Cash Book Balances be noted

7.1.2 Money Market Deposits

RESOLVED i) that the Money Market Deposits be noted ii) that due to the low Interest Rates on Offer, the £500,00 bond which matured in August 2013 not be re-invested until the bond market improves.

Agenda 2/13: Item 8.2 7.2 Payments Made By the Accounts Committee

RESOLVED that the Payments made by the Accounts Committee be confirmed.

Agenda 2/13: Item 8.4 7.3 External Audit

RESOLVED that the minor points raised by the External Audit be noted.

Agenda 2/13: Item 8.6 7.4 Insurance Premium Renewal

4 RESOLVED i) that the renewal of the Board’s Insurance Premium through the Wilson Organisation (brokers) be confirmed at a cost of £41045.51 ii) that the changes to the premium be noted Agenda 2/13: Item 8. 7. CHIEF EXECUTIVE AND FINANCE MANAGERS REPORT - Continued

Agenda 2/13: Item 8.7 7.5 Rate Arrears update

RESOLVED that the breakdown of rate arrears be noted.

Agenda 2/13: Item 8.8 7.6 Flood Defence Grant Aid Applications The Chief Executive went through the current projects and highlighted the recent £45k receipt of grant monies in relation to sewer relining in Boston Town. The largest project was the Hobhole Refurbishment project and a copy of version 9 of the Project Appraisal Report (99 pages) was displayed in the Boardroom so that members could appreciate the complexity and detail required in order to secure valuable funds for the Board (£655k). The Chief Executive explained that the report had taken over 2 years to finalise and that it was currently with the EA Project Appraisal Board in Peterborough, for final authorisation.

J Ward asked why the Cowbridge lock repairs had not been supported by the Environment Agency.The Chief Executive explained that it was not in the Long-term programme but had been applied for under emergency Health and Safety works and was unsuccessful.

Agenda 2/13: Item 9 8. ENGINEERING MANAGER’S REPORT The Engineering Manager went through his report which had been included in the agenda papers and highlighted particular areas of interest to Board Members.

Agenda 2/13: Item 9.1 8.1 Maintenance Works 8.1.1 Herbicide Weed Control The Engineering Manager highlighted the Board’s successful use of Reglone in 2013, following Emergency Licence Approval from the HSE earlier in the year. Application had worked very well and the Board are preparing a report summarising the application rates, oxygen levels and weed growth to assist the HSE to understand that the Board have been sensible in the use of Reglone, in readiness for an application for use in 2014.

The Chairman said he was pleased with the Board’s use but was frustrated at the lack of progress with the development of alternative chemistry; and went on to explain that Dr.Newman had applied to trial the use of American herbicides in 2013 but this had been refused by the HSE, delaying the development by at least 12 months. The Chairman said he wanted, through the Engineering Manager, to galvanise pressure from ADA, to push Dr Newman to ensure there was no more slippage. Boards had pledged £500 each for 3 years to Dr Newman but funds had not yet been requested, which was a concern.

8.1.2 Slip Repairs C. Crunkhorn noted that the recent repair to The Gride had cracked and the Engineering Manager said he would contact the Highways Authority to investigate this point.

3.00pm D. Richmond left the meeting

Agenda 2/13: Item 9.2 8.2 Waste Management Waste Management costs had fallen.

J Ward asked if the Board were still using North Sea Camp inmates to provide the waste collection service. The Engineering Manager confirmed that the inmates are part of the ‘fly swat’ initiative.

Agenda 2/13: Item 9.3 8.3 Planning Matters The Engineering Manager continued his report covering Planning Applications

5 The Chairman asked if Boston Borough Council allowed hard paving of grassed/permeable areas as a matter of course.

Agenda 2/13: Item 9 8. ENGINEERING MANAGER’S REPORT - Continued Agenda 2/13: Item 9.3 8.3 Planning Matters - Continued

P. Bedford (Leader of B.B.Coun) replied that they are unable to object to it, particularly when one surface is replaced by another. He said he would ask the B.B. Council’s Planning Director to speak to the Chairman to clarify this point. R. Leggott said the Lead Local Flood Authority (LLFA) needed to address this in their role.

Agenda 2/13: Item 9.7 8.4 PLANT REPLACEMENT 8.4.1 Terex Excavator Replacement RESOLVED that the purchase of a Caterpillar CAT 308E2 Midi Excavator, at a cost of £59,973 to replace the Board’s Terex Excavator be confirmed.

Agenda 2/13: Item 9.8 8.5 Flood Risk Issues The Engineering Manager then moved on to the investigations of various flooding incidents in 2012/13 and the action to be taken to deal with them.

Agenda 2/13: Item 9.8.2.2 8.5.1 Stickford - Cul De Sac

RESOLVED i) that the Board undertake a joint solution with Lincolnshire County Council Highways which would result in pipes under the road to alleviate flooding in the village of Stickford. ii) that 12 inch pipes be recommended. iii) that the Board’s share of the cost of this work be taken from the Development Fund to a maximum of £8,000.

Agenda 2/13: Item 9.9. 8.6 Drainage Matters

Agenda 2/13: Item 9.9.1 8.6.1 Old Field Lane Problem One, OS Field No TF4247 The Engineering Manager explained the drainage issues at this site, which following a site visit, appeared to be down to lack of good maintenance by the owner. The same plot of land had been discussed in 2007. Board Member at the time, C. Hardy said that the Board had been very fair with the owner. The Engineering Manager explained the technical drainage issues and after discussion in was

RESOLVED i) that the Board is not prepared to pursue the re-opening of the ii) road side dyke.

that the field benefits from open dykes on the west, south and east sides, with the watercourse on the east side being Board maintained. RESOLVED iii) that Ordnance Survey maps show that there has previously been a watercourse on the north side of the field but this has been filled in without the Board’s consent (there is evidence of a pipe out-falling into the Board’s watercourse at the NE corner of the field). This may have provided additional drainage benefit that has now been lost. The Board will not be taking action to have the dyke reinstated. The owner of the field may wish to do so, as it is their responsibility.

6 iv) that a level survey shows that with improvement there is sufficient fall from the owner’s dyke on the west side of the field and along the dyke on the south boundary into the Board’s watercourse to provide sufficient outfall for drainage. v) that the Board has concluded that the landowner has adequate access to an alternative drainage outfall on the east side of the field should they wish to take advantage of it. The Board will take no more action in relation to this location.

Agenda 2/13: Item 9 8. ENGINEERING MANAGER’S REPORT - Continued Agenda 2/13: Item 9.9. 8.6 Drainage Matters - Continued Agenda 2/13: Item 9.9.1 8.6.1 Old Field Lane Problem One, OS Field No TF4247 - Continued

In respect of this location the Chairman of the Board is prepared to meet the owner on site to discuss the Board’s position and give advice on potential drainage solutions.

The Chief Executive agreed to set out many of the issued raised by the above, in the 2014 Rating Newsletter.

Agenda 2/13: Item 9.9.2 8.6.2 Old Field Lane Problem 2, OS Field Number 164 This plot of land also suffers from poor drainage and again the Engineering Manager and the Chairman had visited the site to ensure the issues were fully understood. Following discussion it was agreed to write to the land owners making an offer of a solution.

RESOLVED i) that based on level survey’s, site visits and study of OS maps of this location it is the Board’s opinion that the field previously benefitted from open watercourses on its boundaries that discharged to the east towards a Board maintained watercourse. The previous owner(s) of the field allowed those dykes to fall into disrepair and sought alternative outfall by installing a land drain system (c.1972) discharging to the dyke on the opposite side of the road (i.e. westwards). ii) that the Board is not prepared to take action in respect to the piped dyke on the opposite side of the road. iii) that the Board is prepared to consider drainage improvements in the area however this work will be subject to a consultation with other land owners in respect to the overall drainage need. The extent of this work will be subject to establishing the level of that need. iv) that if improvement work is identified, approved and implemented, changes may be necessary to the owner’s field drainage system, at their expense. v) that if this work goes ahead it is likely that implementation will not be possible until at least spring/summer 2014.

In respect of this location the Chairman of the Board is prepared to meet the owner on site to discuss the Board’s position and give advice on potential drainage solutions.

Agenda 2/13: Item 9.10 8.7 Land Drainage Act - Consent Application Appeal The Engineering Manager explained that he had refused consent for a landowner to fill in a large dyke and that the landowner had appealed. He explained the details of the consent application and Board Members discussed this:

C. Hardy commented that the Board needs to take account of modern farming techniques requiring larger fields. B. Bowles asked if there was provision for any lost environmental habitat to be replaced and if not, that his should be part of any agreement. P. Richardson felt that just because the land owner had maintained the dyke well, he should not be penalised for having a good dyke.

7 The Chairman summarised discussion and said that the Engineering Manager needed to know more about the water draining to the north of the site before a decision could be made.

RESOLVED i) that the Engineering Manager perform a full investigation of the drainage to the north of the field.

ii) that the Chairman and Vice-chairman of the Board be given delegated powers to make a decision once the investigation was complete.

Agenda 2/13: Item 9.11 (Also covers Item 9.9.3 &9.9.4) Agenda 2/13: Item 9 8. ENGINEERING MANAGER’S REPORT - Continued

8.8 Policy Statements In Respect To Land Drainage Act & Byelaw Applications The Engineering Manager explained that he had been made aware of several illegal dyke fillings, where consent had not been sought prior to the work being carried out. He said that, in order to deal effectively with consenting on this matter, guidance is needed, preferably through a Works Committee, to give a consistent approach to dyke filling requests. This was discussed by the Board.

C. Brotherton asked if the Board had the power to dig out an illegally filled dyke. The Engineering Manager confirmed, under the Land Drainage Act, the Board does have that power. C. Hardy said that some ditches were field boundaries and overtime they have been eroded so the Board does need a policy. R. Leggott said the dyke has a water holding capacity and a neighbouring Board has determined there is a presumption AGAINST filling in dykes but some rare cases are granted. The Chairman concluded that the Board should have a policy that is seen to apply equally to everybody.

The Engineering Manager outlined 4 cases where dykes had been filled in illegally and the approach he was taking in each case.

RESOLVED i) that the Engineering Manager prepare a policy and/or flowchart for the Works Committee to discuss at their November 2013 Meeting, so that an approved policy could be developed.

ii) that the Engineering Manager contact Lincolnshire County Council with regard to one matter, where the issue was very sensitive.

Agenda 2/13: Item 9.14 8.9 Health and Safety Matters The Engineering Manager updated the Board regarding the recent HSE inspection of the evaporative cooling tower at Hobhole Pumping Station and the Board’s compliance with this.

RESOLVED that all Health and Safety matters be noted

Agenda 2/13: Item 9.15 8.10 2013/14 Sewer Mudding Programme

RESOLVED that the 2013/14 Sewer Mudding Programme be approved

Agenda 2/13: Item 9.16 8.11 2013/14 Drain Mudding Programme

RESOLVED that the 2013/14 Drain Mudding Programme be approved

Agenda 2/13: Item 10 9. ENVIRONMENT OFFICER’S REPORT The Environment Officer went through his report and highlighted the Environment Agency Fish Surveys that were taking place in the Board’s District.

8 The Chairman suggested that the fish numbers should be used as part of the report on Reglone application, to demonstrate the healthy fish biomass present.

Agenda 2/13: Item 11 10. BARLODE BRIDGE The Chief Executive went through the document issued in the agenda papers in relation to this bridge; including the draft legal agreement. As the Bridge sat on land owned by the board, it would not be possible to transfer the freehold of the bridge to the owner of the cottage. Instead, a 999-year lease had been proposed by the Board’s solicitors, as a solution to the issue. This would link the lease to the ownership of the property so that it remains in the same ownership. Members discussed the solution which would necessitate the payment of a commuted sum of £40K to free the Board of any future liability for the Bridge.

Agenda 2/13: Item 11 10. BARLODE BRIDGE - Continued

H.Drake questioned how the link between the two actually work in the lease agreement. R. Leggott asked if the Board would still be able to use the Bridge. The Engineering Manager confirmed we would but that we do not do so at the moment as there is alternative field access to the land. J.Allen said it was an onerous asset and we should get rid of it now or risk more cost in the future. P. Bedford asked what would be the timescale for payment of the commuted sum. P. Richardson said we should pay it as soon as the agreement is signed and this represented a cheap solution for the Board. T. Roberts felt that £40k was too much to pay for a bridge being as it was just one property. H. Drake agreed with P. Richardson and the Chairman agreed that it would remove any future liability for the Board. H. Drake continued that the Board were lucky to be able to settle future liability at £40k as this could have been much more. J. Allen proposed, seconded by P. Richardson, that the Board get the agreement signed and pay over the commuted sum. By 15 votes to 2 with one abstention it was:

RESOLVED i) that the Chief Executive get the agreement relating to Barlode Bridge signed ii) that the sum of £40,000 is paid over in one lump sum as soon as the agreement is signed.

J. Allen and all Boston Borough Coun. Members apart from R. Leggott left the Meeting.

Agenda 2/13: Item 12 11. PAY AND CONDITIONS – PAY CLAIM UPDATE 11.1 2013/14 Pay Claim The Chief Executive. Reported that the 1% offer had now been accepted by the Unions and this was the figure paid, in anticipation, by the Board since 1 April 2013.

RESOLVED that the increase of all pay rates by 1% with effect from beginning of the first pay period following the 1 April 2013 be confirmed. Officer’s left the room

11.2 Review of Chief Executive Salary The Chairman had carried out the Chief Executives’ review and both parties were happy with the way in which the Chief Executive role was performed. Following discussion, the Chairman asked the Board to approve a 2% skills shortage increase for the Chief Executive, in common with other staff.

RESOLVED that the Chief Executive’s be awarded a 2% increase in Salary with effect from 1 September 2013 Officer’s returned to the room

Agenda 2/13: Item 13 9 12. ANY OTHER BUSINESS There was no other business.

Chairman