Witham Fourth District Internal Drainage Board

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 12 June 2013.

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

Messrs: J. A. Allen C. Hardy D. Richmond P. Bedford A. Harrison A. Saul B. Bowles R. Harvey J. W. Ward C. Crunkhorn R. F. Leggott H. C. Drake F. Pickett

Mrs M. Dennis Mrs J Harrison

In attendance/ Observer: Mrs J. Ashton

Agenda 1/13: Item 1. Apologies for non-attendance were received from:-

Messrs: C. Brotherton K. Smith T. W. Roberts R. Hall-Jones P. Richardson

Mrs M. Wright

Agenda 1/13: Item 2. 1. CHAIRMAN'S ANNOUNCEMENTS

1.1 Changes in Board Membership The Chairman was delighted to welcome back Janet Harrison representing East Lindsey DC but also sad to bid farewell to Joan Ashton who was first appointed to the Board over 20 years ago. The Chairman said Mrs Ashton had given tremendous service to the Board and would be greatly missed. He presented her with an engraved crystal clock. In response Mrs Ashton said that she would like to thank fellow Board Members for their support and also the Board’s officers and district staff who performed their work to a high standard.

1.2 Annual Newsletter The Board have produced a 2013 newsletter which was sent out with demand notes and copies were available to members at the meeting.

1.3 Lade Bank open day - 14 September 2013 Will be open as part of Lincoln Heritage days and will be followed in the evening by a BBQ for staff and their families

1.4 ADA Demo day at Thorney near Peterborough - 17 July 2013 Any members wishing to attend should let the Engineering Manager know so places can be booked online, but no transport was being arranged owing to the close proximity of the demonstration this year, 1 Agenda 1/13: Item 2. 1. CHAIRMAN'S ANNOUNCEMENTS - Continued

1.5 ADA Golf Day The Chairman congratulates J. Allen and the Chief Executive on coming 4 th in the recent ADA Golf Day and encouraged them to try harder next time.

Agenda 1/13: Item 3 2. DECLARATION OF INTEREST ON ANY GENERAL ITEM B. Bowles and H. Drake declared an interest in any discussion held regarding the accommodation bridges.

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

Matters arising:

3.1.1 Reglone – Licence Granted For 2013 – page 119 The Chairman was delighted to report that the Board were applying Reglone (Diquat) in the Board’s watercourses following approval of a license for application in 2013. The Engineering Manager reported that oxygen levels were regularly taken to ensure that it was safe to apply this herbicide.

3.1.2 Barlode Bridge – page 119 The Chief Executive gave a brief summary of Barlode Drain Accommodation Bridge and the history of the Board’s response to the repair costs. The owners had indicated that they would be willing to take on any future liabilities for the bridge provided a commuted sum was paid by the Board. The prospective owner’s had obtained 3 quotes for immediate repair work:

Quote £ (excluding Vat) No.1 72,275 No.2 75,000 No.3 80,000

Following discussion, members agreed that the Board needed to dispose of the bridge and that a contribution of no more that 50% of these cost would be appropriate given the approach taken with other accommodation bridges and that the Board would at some point be responsible for repairs to this listed structure. The Chairman concluded and asked that the Chief Executive to investigate how the commuted sum paid to the Lincolnshire County Council for bridges in 2006 was calculated.

RESOLVED i) that a contribution of no more that 50% of the repair costs would be appropriate for the commutation of Barlode Bridge.

ii) that (following the Chief Executive’s negotiations with the prospective owners) members agree the Board’s final offer by e-mail to enable the matter to be concluded before the September 2013 Board meeting.

3.1.3 Local Government Pension Employer Group – Representation – Page 119 The Chairman confirmed that he been elected to represent the Lincolnshire IDB’s on the Employer Group and that he was receiving training before taking on the role.

3.1.4 2013/14 Pay award –update – Page 127. The Chief Executive confirmed that although the Board were following the 1% award put forward by the ADA Pay and Conditions Committee, the Union had not yet accepted this figure and discussions were on-going. There was no change to the travelling allowances paid to staff.

2 Agenda 1/13: Item 4 3. MINUTES - Continued

3.1.5 Bank Bonds – Page 125 C. Hardy asked if the matured bond had been re-invested. The Chief Executive confirmed that following a conversation with the Chairman, a new bond had not been taken out as bond rates had fallen significantly in the last 12 months.

Agenda 1/13: Item 5 4. COMMITTEE MEMBERSHIP Following the change of representation by East Lindsey District and Boston Borough Councils, it was confirmed that Mrs J Harrison (ELDC) would sit on the Finance and General Purposes Committee and that C. Brotherton (BBC) would sit on the Plant & Pumping and the Works Committees. The Chief Executive agreed to circulate 2013 meeting dates.

COMMITTEE APPOINTMENTS AS AT June 2013

The Chairman and Vice-Chairman are members of all Committees:

Committe Finance & Plant & Works Environme Governanc e: General Pumping nt e Purposes & Risk

Members: 11 9 8 5 3

Chairman: J E Grant J E Grant R Hall-Jones B Bowles H C Drake

J A Allen B Bowles C Crunkhorn H C Drake C Hardy A Harrison P Richardson T Roberts A Saul J W Ward

P Bedford C. Brotherton Mrs M Dennis R F Leggott F Pickett D Richmond Mrs M Wright

Mrs J Harrison R Harvey K Smith Vacancies 0 0 0 0 0

3 ACCOUNTS COMMITTEE Any two Members of the Board constitute an Accounts Committee

Agenda 1/13: Item 6 5. DEPARTMENT OF COMMUNITIES AND LOCAL GOVERNMENT – CORRESPONDENCE A copy of Witham Fourth’s Chairman’s letter to Eric Pickles (Department of Communities and Local Government) regarding Precepting Authorities and the reply received were circulated with the agenda. Members were asked to note the response.

Agenda 1/13: Item 7 6. MEETINGS WITH OUTSIDE ORGANISATIONS Members were asked to note the meeting reports and in particular the Engineering Manager confirmed that the meeting with the Lincolnshire County Council had taken place to discuss the cause of the slips near LCC maintained highways.

R. Richmond asked who was to blame. The Engineering Manager confirmed that LCC had accepted liability for the slip, which had been repaired and recharged. The Chairman advised Members that it was LCC’s aim to remove tarmac from the bank top and build up, where possible, tarmac on the field side of the road.

The Chief Executive mentioned the Common Works Programme, effectively the ‘action plan’ of the Flood Risk and Drainage Management Strategy (FRDMS), was being submitted into the FDGiA programme for the first time in 2013/14. This would enable jointly funded projects to get support though the programme.

Agenda 1/13: Item 8 7. CHIEF EXECUTIVE AND FINANCE MANAGERS REPORT The Chief Executive went through his report:

7.1. Bank Balances 7.1.1 Cash Book Balances RESOLVED that the Cash Book Balances be noted.

7.1.2 Investments 7.1.2.1 Money Market Deposits RESOLVED that the £500,000 matured in April 2013 remains in the Board’s Bank account until a suitable bond rate is found.

7.1.2.2 Other investment income The Chairman highlighted that there is a Board policy allowing certain Officers to borrow funds from the Board in order to purchase a motor vehicle, paying 1% over base rate. He proposed that this should be increased to 1.5% over base rate to improve the Board’s rate of return.

RESOLVED i) that the Car Loan interest rate be increased to 1.5% above base rate and should take immediate effect. ii) that the new rate should apply to the latest loan made on 24 May 2013.

7.2 Payments by the Accounts Committee RESOLVED that the Cash Book Balances be noted.

7.3 Claims For Compensation No Claims were reported

7.4 Bank Rents – Year ending 31 March 2013 7.4.1 Tenancy Changes RESOLVED that the Tenancy Changes be confirmed

4 7.4.2 Remissions RESOLVED that the Remissions be confirmed

7.5 Rating Matters – Year ending 31 March 2013 7.5.1. Rate Irrecoverable RESOLVED that the Rate Irrecoverable be confirmed

Agenda 1/13: Item 8 7. CHIEF EXECUTIVE AND FINANCE MANAGERS REPORT - Continued 7.5 Rating Matters – Year ending 31 March 2013 - Continued

7.5.2. Rate Arrears Mrs J Harrison expressed concern that the level of unpaid debts remained high. The Chief Executive said that this was highlighted by the Auditor and steps were made to reduce the level of debts which had reduced by £30,000 from the previous year to £107,829. Of these, £74,000 or 69% were represented by 5 large balances which were awaiting land ownership adjustments.

RESOLVED that the Rate Arrears be noted.

7.6 Accounts – Year ending 31 March 2013 7.6.1 Internal Audit Report The Chief Executive went through the Internal Audit Report and said that members could take confidence from the ‘adequate assurance’ conclusion. The Action Plan was being addressed and the only ‘high risk ‘item was the potential overpayment of pension contributions. 7.6.1.1 Pension Contributions - Overpayments The Chief Executive went through the background of the overpayments made on non- contractual overtime but the Board had been unable to quantify this figure for earlier years as records had been correctly disposed of. J. Allen felt we ought to claim something if we could. The Chief Executive advised the Board that the new Pension Scheme from the 1 April 2014 would now allow contributions to be calculated on all overtime and this has changed the view of the previous overpayments. J. Allen said he was happy with this explanation.

RESOLVED i) that the Board would not seek to pursue this matter with the Local Government Pension Scheme ii) that the Internal Audit Report be noted

7.6.2 Audit Strategy and Plan for 2014-15 The Internal Auditor has planned 5 days’ work in the next 12 months at a cost of £1,400.00

RESOLVED that the Internal Audit Strategy and Plan for 2014-15 be noted

7.6.3 Unaudited Management Accounts & Annual Return - Year ending 31 March 2013 7.6.3.1 Management Accounts- General The Chief Executive went through the management accounts for the year ended 31 March 2013, beginning with the financial commentary. Since the draft accounts were prepared it was discovered that the diesel fuel used for pumping had not been included in the pumping energy costs. The energy costs had therefore increased and the revised commentary is set out below:

The Board agrees an annual estimate, which includes costs on a normal operational basis and in 2012/13 the Board spent around 103% of this estimate. The first nine months of the year were the wettest experienced by the Board in records going back to the late 1800’s. This has had an inevitable impact of the income and expenditure in 2012/13:

 Energy costs were 139% higher than the previous year adding £174,000 to running costs. The total running costs of pumping stations including energy were £235,000 higher than the previous year.  The £65,000 refurbishment of Cowbridge Lock was more than anticipated owing to the poor condition of the whole structure, only visible once dismantling commenced.  A £45,000 Flood Defence Grant has been confirmed for the urban sewer relining work in 2012/13 which is reflected in these accounts.  Watercourse maintenance costs (weed control and cleansing) were similar in total to the previous year but there was a larger proportion of cost spent on weed control.  Investment income has improved owing to better treasury management 5 With other income and expenditure levels largely as expected, the above movements have resulted in a £63,000 reduction in the level of the General Reserve which is now at £508,634. The Board’s policy is to maintain this balance at a minimum of 20% of the annual expenditure in the Income and Expenditure Account which amounted to £486,000 as at 31 March 2013. Given the severe rainfall in 2012/13, the Board are pleased with this and have set a realistic budget for 2013/14, keeping the increase in special levies and rates payable by ratepayers, to just 1.25%.

Agenda 1/13: Item 8 7. CHIEF EXECUTIVE AND FINANCE MANAGERS REPORT - Continued 7.6.3 Unaudited Management Accounts & Annual Return - Year ending 31 March 2013 – Continued

7.6.3.2 Income and Expenditure The Chief Executive went through the income and expenditure account in some detail, including the weeding, cleansing and pumping costs analysed at the back of the accounts. Despite pumping costs being £235K higher than the previous year owing to the severe rainfall events in 2012, the general reserve was still in excess of the target figure of £486K (being 20% of annual expenditure. This has only been possible as a result of Grant in Aid receipts and careful management of other costs. 7.6.3.3 Balance sheet The Chief Executive went through the balance sheet, in particular the reserves set out on page 12.

C. Crunkhorm asked how the Plant Renewals Fund was created and he received an explanation from the Chief Executive. R Leggott questioned the level of interest allocated to the reserve accounts and again an explanation was given J. Ward stated that the lack of developer contributions reflected the fact there had been no new developments in the district in the last 12 months

The Chief Executive explained the content of the Annual Return and the Chairman asked that the accounts and Annual Return be approved and it was proposed by J. Allen and seconded by D Richmond and

RESOLVED that the Management Accounts be adopted by the Board and the Chairman of the Board be Authorised to sign them, together with the Annual Return.

7.6.4 External Audit – Year ending 31 March 2013 The Chief Executive explained that the Annual Return, Accounts and supporting documents would now be forwarded to the External Auditor. Their opinion would be received at the September Board Meeting.

7.7. Employees Pay Award – 1 April 2013 As this was still on-going it was

RESOLVED that the out-come of negotiations with the Unions be reported to the September Board Meeting.

7.8 Employees Travel Allowances – 1 April 2013 There are no changes in the travel allowances paid to employees.

7.9 Contributions from Developers RESOLVED that the Contributions from Developers be increase to £7.10 per sq. metre with effect from 1 July 2013.

7.10 Financial Regulations Following a brief discussion of the issue it was

RESOLVED that the Regulations should include an additional sentence as set out below:

7.1 The Chief Executive/Finance Manager to the Board shall have the authority to effect the purchase of goods and services up to the value of £10,000 and the ordering of general repairs to the Board’s assets up to the value of £10,000

6 7.2 The Chief Executive/Finance Manager to the Board shall seek the Chairman of the Board’s authority to effect the purchase of goods and services over the value of £10,000

Additional Wording: This excludes the routine purchase of stock items and fuel which regularly exceed £10,000

Agenda 1/13: Item 8 7. CHIEF EXECUTIVE AND FINANCE MANAGERS REPORT - Continued 7.11 Flood Defence Grant in Aid Applications The Chief Executive went through the current applications and highlighted the delay in the Hobhole Refurbishment Programme owing the inclusion of fish and eel passes. He also informed members that indicative funding had been included in 2013/14 for the replacement of one bridge and that this bridge was intended to be the White House Bridge serving Wrangle Pumping Station. This would be taken up with the landowner (a member of the Board) following the meeting.

R Leggate asked if Lincolnshire IDB’s were working together to deal with eel pass issue and it was confirmed that they were.

RESOLVED that the current position be noted

Agenda 1/13: Item 9 8. ENGINEERING MANAGER’S REPORT ( NO. 1/13) The Engineering Manager went through his report, The main points of discussion are set-out below:

8.1. Maintenance Works 8.1.1 Weed Control The Engineering Manager explained how the Board were applying Reglone following the successful application to the Health and Safety Executive for 2013.

A.Saul asked if the use was solely for 1 year and this was confirmed. The Chairman explained that we had applied for 2 years but the HSE had only allowed one year.

Agenda 1/13: Item 9/1.4 8.1.2 Slips The Engineering Manager explained that the Board had spent much of the spring repairing slips but that the total cost would be much less than originally estimated.

C. Crunkhorn asked if Lincolnshire County Council had contributed to the costs and this was confirmed

The Engineering Manager estimated that was around £125k of slip costs still to complete.

Agenda 1/13: Item 9/7 8.2 Plant Replacement The Engineering Manager outlined the details of the new tractor and flail, which the Board had purchased in line with the 2013/14 Estimate.

A Harrison asked if the visibility from the cab was OK. The Engineering Manager explained that they had looked at many tractors and the New Holland is one of the best in this respect. An important factor was to have the correct balance for the 8m reach needed by the Board.

RESOLVED that the purchase of the following plant items be confirmed 1) New Holland T7170 Tractor -£49,900 - Burdens 2) Spearhead Orbital Flail - £29,004 - Irelands Farm Machinery 3) Toyota Hilux HL3 ( Foreman’s vehicle) - £19,486.02 - Listers (via Woldmarsh)

Agenda 1/13: Item 9/11 8.3 Triton Knoll off-shore Wind Farm

7 The Triton Knoll off-shore Wind Farm generated much debate and a map showing a 1Km wide route from Skegness to Bicker was displayed in the Boardroom. The Developers had met with the Board to keep them informed as a key stakeholder. Members were aware that several presentations had been made about the proposed route.

R Leggott was concerned that the cables would be laid at a depth that would severely disrupt field drainage, despite literature claiming the depth would be 0.8-1.8m. He said the NFU were watching this issue very carefully. Agenda 1/13: Item 9 8. ENGINEERING MANAGER’S REPORT ( NO. 1/13) - Continued Agenda 1/13: Item 9/11 8.3 Triton Knoll off-shore Wind Farm B. Bowles said unfortunately the NFU and IDBs were pretty small fry and our voice may not be heard over the interests of larger stakeholders. The Chairman said the Board had the opportunity to influence this issue and that it would take this opportunity.

Agenda 1/13: Item 9/12 8.4 Fishing Platforms A request had been made to build a fishing platform on top of some piling along one of the Board’s drains. After much deliberation focusing on the risk this presented to the Board it was

RESOLVED i) that the Board should construct the platforms ii) that the fishing club has adequate insurance in place iii) that appropriate signage is put up iv) that the Engineering Manager contact the club to outline the above

Post Meeting Note: The Engineering Manager contacted the club on 13 June 2013 and they confirmed that they did not hold any insurance; therefore the project would not go ahead.

Agenda 1/13: Item 9/13.6 8.5 Health and Safety Annual Review The Engineering Manager explained that the Annual Review of Health and Safety in respect to Plant, Equipment and safe working practices of Land Drainage Operatives had recently been carried out by the Board’s NFU consultant who had confirmed that:

 The Board is making progress with managing Health and Safety  Risk assessments have been methodically checked and amended  Issues raised at the health and safety staff meeting are being responded to  Board’s own risk assessments for certain tasks have been prepared and look to be suitable and sufficient

The Engineering Manager confirmed that the recommendations from last year’s Fire Risk Assessment had now been fully complied with.

RESOLVED to note the above.

Agenda 1/13: Item 9/15 (Supplementary item issued 5.6.13) 8.6 Consenting and Enforcement Issues Agenda 1/13: Item 9/15.1 8.6.1 Consenting – time limit for completion of works The Engineering Manager explained that he wished to put a time limit on consents to give the Board flexibility should a consent not be implemented and suggested a time limit of 2 years.

RESOLVED that the Board approve a limit of 2 years for consents to be implemented.

Agenda 1/13: Item 9/15.3 8.6.2 Illegal Dyke Filling, Shore Road, Frieston RESOLVED that the Engineering Manager should write to the occupier stating that the dyke filling is illegal but that no further action will be taken at this time however, if the filling causes problems the Board may choose to take further action.

8.6.3 Footpath Breach 8 R. Harvey highlighted a footpath breach issue near Sibsey for the Engineering Manager although this was not an issue for the Board.

Agenda 1/13: Item 10 9. ENVIRONMENT OFFICER’S REPORT 9.1 Environmental Improvements The Environment Officer presented a few slides showing the environmental improvements made by the Board in the last few months, in particular, tree planting on the lower Hobhole Bank. (Agenda Item 10.1 Biodiversity updates)

Agenda 1/13: Item 10 9. ENVIRONMENT OFFICER’S REPORT –- Continued 9.1 Environmental Improvements –- Continued The Chairman asked whether this would restrict access for future bushing work and it was confirmed that it would not.

Agenda 1/13: Item 10.6 9.2 Water Framework Directive The Environment Officer highlighted the Water Framework Directive (W.F.D) issues currently faced by the Board, in particular, compliance with Fish & Eel pass regulations.

9.3 Illegal Fishing The Environment Officer asked members to be vigilant spotting illegal fish nets in the Board’s drains which had recently led to some fish kills.

9.4 Badgers A.Harrison said he was concerned that there were now around 200 badgers established in the bank of the Witham near his farm which would have worrying long term consequences.

Agenda 1/13: Item11 10. ANY OTHER BUSINESS None.

Chairman