Agenda item

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed).

The Council considered the report of the Director of Strategy, Performance and Governance, presenting the recommendation of the Finance and Corporate Services Committee for consideration and additional information submitted by Essex County Council.

 

Members were advised that at its meeting on 25 September 2018 and following consideration of a report on Superfast Broadband in the Maldon District (attached as Appendix A) the Finance and Corporate Services Committee had recommended to the Council that:

 

the Council’s contribution of £45,000 over three years to contribute to the delivery of Phase 2a of the Superfast Essex Broadband Programme in the Maldon District be withdrawn.

 

Since consideration by the Finance and Corporate Services Committee, Essex County Council (ECC) had provided additional information to clarify the current position with the rollout of the Superfast Broadband programme in the Maldon District.  This information was attached as Appendix B to the report. 

 

Following a request by Maldon District Council Officers, ECC had submitted a draft Service Level Agreement (SLA) relating to the delivery of the programme in the Maldon District, based on the £45,000 funding agreed in 2016.  This was attached at Appendix C to the report.

 

The Director of Strategy, Performance and Governance outlined the report and highlighted a number of key points, including:

 

·                 Phase 2 of the project was scheduled to deliver 5,317 properties (a greater number than originally predicted in 2016) and of those 3,064 had been delivered, 539 were in delivery and 1,314 were yet to be started but would be delivered by December 2019.

 

·                 If Maldon District Council was to withdraw its £45,000 funding 931 of the remaining properties would be removed from the contract.

 

A debate ensued, during which a number of Members expressed concern at the recommendation of the Finance and Corporate Services Committee (F&CS) requesting that the Council remove its funding.  Specific concerns related to how:

 

·                 removal of 931 properties from the contract (should the Council agree the recommendation of the F&CS) would affect homes within the District, with specific reference made to Mayland, Steeple, Southminster, Tillingham, Woodham Walter, Woodham Mortimer and Langford.

 

·                 the Council’s contribution of £45,000 (originally negotiated down from £90,000) would release further funding from Central Government, which together would contribute towards funding the continued rollout of Phase 2 in the Maldon District.

 

Councillor D M Sismey, Chairman of the Finance and Corporate Services Committee provided Members with some background information which led to the unanimous recommendation from the F&CS.  He reported on the engagement with the County Council that had taken place since the F&CS meeting and how additional premises had been added and commitments confirmed.

 

Councillor Sismey then proposed that:

 

i)         the Council agrees to a contribution of £45,000 to fund faster rollout of superfast broadband by Essex County Council but subject to:

 

a)    the delivery of superfast broadband availability by ?31 December 2019 to all premises notified to Maldon District Council (MDC) by Essex County Council in recent communications

 

b)    Maldon District reaching the 94% coverage level indicated by Essex County Council by ?31 December 2020

 

c)    30mb/s speeds (or 24 mb/s for relevant early stage premises already completed) actually being delivered in all premises where coverage has been committed and service taken up - to be assessed by random sampling of some premises and any other information provided to the council by end users 

 

ii)        the Director of Resources in consultation with the Chairman of Finance and Corporate Services Committee and the Chair or Vice Chair of the Planning and Licensing Committee be given delegated authority to agree a contract with Essex County Council incorporating the above service commitments and such other operational terms as appropriate 

 

Councillor Sismey commended his proposition to the Council and in accordance with Procedure Rule No. 13 (3) requested a recorded vote.  The proposition and request for a recorded vote were duly seconded.

 

A lengthy debate ensued with a number of Members supporting the proposal from Councillor Sismey. 

 

Councillor A K M St. Joseph raised some concern regarding the proposal and particularly tying delivery to ‘all’ premises notified to the Council.  He proposed that (i) a) of the proposal be amended to give some flexibility.  This proposal was duly seconded.

 

In response the Chairman asked Councillor Sismey to confirm what he mean by ‘all premises’ and in response Members were advised that this related to the 931 premises which had been committed.  Councillor Sismey explained that this wording was to ensure that the list of premises agreed was delivered without any changes being made.

 

At the request of the Chairman Councillor St. Joseph clarified his proposition which was to amend (i) a) of the proposition from Councillor Sismey to read “…availability by 31 December 2019 to the number of premises notified…”.  He felt this would allow the procedure to have some flexibility between individual properties which was required with a system of this magnitude.

 

Following a brief discussion on this proposal, Councillor Sismey explained he was against the amendment because a list of properties had been provided by Essex County Council and his proposal sought to ensure that this was the list that the Council was signing up to.

 

The Chairman then put the amendment in the name of Councillor St. Joseph, duly seconded, to the Council.  Upon a vote being taken this was declared lost and the Chairman advised that the Council was now considering the proposal in the name of Councillor Sismey.

 

In response to a question regarding when the £45,000 would be paid by the Council, if the proposition of Councillor Sismey was agreed, Councillor Sismey clarified that there had previously been a staged approach to payments when delivery was over a three year period.  This was now a year long project with delivery of properties due by the end of 2019, therefore it was sensible not to stage payments but to pay at the time of completion of the main stage of the project.

 

Further concern was raised at this point in relation to those areas of the District and therefore electorate who would not benefit from superfast broadband.  The Chairman clarified that the Council was making provision and could not determine who used superfast.

 

Councillor Sismey summed up advising that the Council was not saying that is wasn’t willing to make a contribution to the roll out but wanting to ensure that its contribution was actually delivered.  He commended his proposal to the Council.

 

The Chairman then put the proposal in the name of Councillor Sismey to the Council.  A recorded vote was taken and the voting was as follows:

 

For the recommendation:

Councillors Mrs B F Acevedo, J P F Archer, EL Bamford, R G Boyce, A T Cain,
Mrs P A Channer, R P F Dewick, I E Dobson, A S Fluker, Mrs B D Harker,
B E Harker, M S Heard, M W Helm, J V Keyes, R Pratt, N R Pudney, S J Savage, Mrs N G F Shaughnessy, Rev. A E J Shrimpton, D M Sismey, A K M St. Joseph,
Mrs M E Thompson and Miss S White.

 

Against the recommendation:

Councillor B S Beale.

 

Abstention:

Councillors H M Bass and M F L Durham.

 

RESOLVED

 

i)         that the Council agrees to a contribution of £45,000 to fund faster rollout of superfast broadband by Essex County Council but subject to:

 

a)    the delivery of superfast broadband availability by ?31 December 2019 to all premises notified to Maldon District Council by Essex County Council in recent communications;

 

b)    Maldon District reaching the 94% coverage level indicated by Essex County Council by ?31 December 2020;

 

c)    30mb/s speeds (or 24 mb/s for relevant early stage premises already completed) actually being delivered in all premises where coverage has been committed and service taken up - to be assessed by random sampling of some premises and any other information provided to the council by end users.

 

ii)        that the Director of Resources in consultation with the Chairman of Finance and Corporate Services Committee and the Chairman or Vice-Chairman of the Planning and Licensing Committee be given delegated authority to agree a contract with Essex County Council incorporating the above service commitments and such other operational terms as appropriate.