THE “CALL IN”PERIOD FOR THESE DECISIONS EXPIRES AT 5.00 PM ON FRIDAY, 21 MARCH 2003.  NONE OF THE DECISIONS CAN BE IMPLEMENTED UNTIL AFTER THAT DATE.

 

MINUTES OF A MEETING OF THE EXECUTIVE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON WEDNESDAY, 12 MARCH 2003 COMMENCING AT 9.30 AM

 

Present :

 

Mr P G Harris, (Chairman), Mr R R Barry, Mr E Fox, Mrs M A Jarman, Mrs B Lawson, Mrs J L Wareham

 

Apologies :

                       

Mrs S A Smart , Mr D J Knowles, Mr R G Mazillius, Mr H Rees

 

Also present non-voting :

 

Mr A C Bartlett, Mr M J Cunningham, Mr J F Howe, Mr C H Lillywhite, Mrs M J Lloyd, Mr A J Mundy, Mr R A Sutton

 

 

 


192.        MINUTES

 

RESOLVED :

 

THAT the Minutes of the meeting of the Executive held on 26 February 2003 be confirmed.

 

193.        DECLARATIONS OF INTEREST

 

Interests were declared in the following matters:

 

Mrs J L Wareham declared a personal interest in Minute 198(b) West Wight Sports Centre Trust as a Council appointed member of the Trust

 

194.        RESPITE CARE HOME FOR CHILDREN WITH A DISABILITY

 

The Executive gave consideration to the approval of a scheme to secure public and private funding, in order to build and manage the new home for the Island. Although £700,000 of funding had been identified, £700,000 had yet to be raised from a private investor. 

 

Figures relating to the private sector tender to fund the capital shortfall were received.  The tender represented a total cost in excess of £2.2 million.  The current revenue budget for the scheme would be insufficient to service the costs associated with the private sector proposal.  Members were updated as to other possible interested private investors.  If negotiations with these commercial partners were unsuccessful, the options available to the Council would be either to meet the scheme requirements from its own capital programme or to defer the scheme to a future date. 

 

RESOLVED :

 

THAT if negotiations with potential commercial partners failed to produce a solution, which in the opinion of the Strategic Director of Finance and Information and the Portfolio Holder for Resources, was more beneficial to the Council, the scheme would be funded from the Council’s own capital programme

 

195.        CHARGING POLICY FOR NON-RESIDENTIALAL CARE SERVICES (FAIRER CHARGING)

 

Consideration was given to a new Charging Policy for non-residential care services that had been developed in line with statutory guidance issued by the Department of Health. The new Policy would reduce admissions to residential care and increase intensive home care packages. 

 

Members were informed of the potential financial impact of the new Charging Policy. A sum of £400,000 had been set aside for 2003/04 to offset the reduced income that the new statutory guidance allowed the Council to receive. The loss of income was less than originally estimated and was now considered to be in the region of £300,000.

 

RESOLVED :

 

(i)                 THAT the Scale of Charges as set out in Appendices 3, 4 and 5 attached to the report be approved

 

(ii)               THAT the new Charging Policy as set out in Appendix 1 attached to the report be approved

 

196.          TRAFFIC REGULATION ORDERS

 

The Portfolio Holder reminded members that the since modernisation, (which the Council had implemented prior to legislation being made and implemented by the Government), the Regulatory Appeals Committee had dealt with determining Traffic Regulation Orders where objections had been received.  The Local Government Act 2000 and The Local Authorities (Functions and Responsibilities)(England) Regulations 2000, which had been amended since the adoption of the constitution, stated that Traffic Regulation Orders were an Executive function and could only be dealt with through the Executive and not the Regulatory Appeals Committee.

 

There were a number of options open to the Executive as to how Traffic Regulation Orders could be dealt with in the future.  The Executive could deal with them itself, the function could to be delegated to a Committee of the Executive, or the function could be delegated to the Portfolio Holder or to Officers.  The Executive believed that consideration to objections would be better given by a Committee rather than one individual.

 

The Executive also formally approved all earlier decisions of the Regulatory Appeals Committee.

 

RESOLVED :

 

(i)                 THAT for the avoidance of doubt all the previous decisions of the Regulatory Appeals Committee in relation to Traffic Regulation Orders be confirmed

 

(ii)               THAT a Committee of the Executive comprising of three members of the Executive, to consist of the Portfolio Holder for Transport, Mr R Barry and Mr P Harris be established with delegated powers to consider and determine all Traffic Regulation Orders where objections have been received following advertisement

 

RESOLVED TO RECOMMEND TO COUNCIL :

 

THAT the Constitution be amended by deleting reference to Traffic Regulation Orders in the Terms of Reference of the Regulatory Appeals Committee

 

197.        NEWPORT TOWN CENTRE TRAFFIC MANAGEMENT – TRAFFIC REGULATION ORDERS

 

(Mr M J Cunningham declared a personal interest as a Governor of Nine Acres School).

 

The Portfolio Holder introduced his report concerning representations which had been received following the advertisement of the traffic regulation orders for Newport Town Centre Traffic Management Scheme.  The effects of the proposed traffic regulation orders were detailed together with the legal and budgetary implications of the scheme.  The Head of Highways updated members as to a late representation that had been received from Nine Acres School.

 

RESOLVED :

 

THAT the Orders be introduced as advertised on an experimental basis for an initial period of not more than 18 months, subject to the following amendments.

 

§                     No action be taken to introduce a one-way traffic flow in Medina Avenue.

 

§                     That the existing one way traffic flow in Bignor Place be reversed, ie from Terrace Road towards Trafalgar Road

 

§                     That the proposed one way in Scarrot’s Lane be reversed, ie from St James’ Street towards New Street

 

§                     That both the one way traffic flow and bus contra flow lane for South Street be extended to a point 25 metres east of Church Litten rather than the junction with Furrlongs.

 

§                     That a bus stop in South Street outside the bus station be retained and the taxi rank be retained at five spaces located from 56 metres east to 86 metres of St James’ Street.

 

198.        REPORT OF TH E PORTFOLIO FOR RESOURCES

 

(a)        Sylvan Avenue, East Cowes

 

Members were advised that land at Sylvan Avenue, East Cowes had been declared surplus to requirements and were reminded that the land would form part of Project Cowes.  To assist this project, SEEDA had applied to purchase the land and wished to complete the transaction by the end of the current financial year.

 

The Executive was informed that the Inspector when commenting on the draft UDP mentioned that a requirement for a children's play area or open space should to be considered in this area.  Therefore, the Council's land was likely only to gain planning permission if the application included an open space allocation. The proposal was to sell the whole site, including the regenerated woodland, to SEEDA so that it could be incorporated in Project Cowes and would provide the Council with a substantial capital receipt.  The terms of the proposed sale were given.  The local member addressed the Executive.

 

The Regulatory Appeals Committee had recently rejected an application to register part of the site as a village green as it could not be shown that the use was as of right.

 

RESOLVED :

 

            THAT the land be declared surplus to requirements and the disposal of the whole site to SEEDA be approved on the terms, as amended, set out in the report.

 

(b)               West Wight Sports Centre

 

(Mr C H Lillywhite declared a personal interest as a Council appointed member of the Trust)

 

(Mr R S Sutton declared a personal interest as a member of the West Wight Sports Centre Trust)

 

Consideration was given to the Trust’s costed business plan and to the level of grant subsidy for the year 2003/04.  Members were reminded that at the Executive on 19 November 2002, it was agreed to make an advance payment of £30,000 which would be brought forward from next years subsidy (2003/04) of £65,070.   Advice was given that the above amount had been fed into the Business Plan, which now demonstrated an annual deficit of around £10,000, as compared with the £30,000 annual deficit in December.  The Trust now sought the £10,000 in addition to their annual subsidy, over and above the usual allowance for inflation.

 

Options open to Members were to convert the loan of £30,000 into a grant, consider an additional subsidy £10,000 or to clawback the brought forward grant of £30,000 over a period of five years

 

RESOLVED :

 

THAT the payment of £30,000 brought forward from existing budgets be converted to a grant and an increase in the annual subsidy of  £10,000 per annum to £77,000 per annum, be approved, subject to an agreed Service Level Agreement that had a structured monitoring process in place.

 

199.        ADULT LEARNING PLAN 2003/04

 

The Portfolio Holder introduced the report on the Adult Learning Plan 2003/04 which was required to submitted to the Learning and Skills Council for Hampshire and Isle of Wight by 31 March 2003 in order to access funding to deliver the Adult and Community Learning Programmes.

 

Since the Adult Learning Plan 2002/03 had been approved, Contract Standing Orders had been amended for intermediate and higher value transactions.  To enable continual delivery of the Adult Learning Plan an exemption from Contract Standing Orders was sought in relation to the provision of Adult and Community Learning Programmes.

 

RESOLVED :

 

THAT Adult and Community Learning Programmes be exempt from Contract Standing Orders.

 

RESOLVED TO RECOMMEND TO COUNCIL :

 

THAT the Isle of Wight Adult Learning Plan for 2003/4 be submitted to the Learning and Skills Council for Hampshire and Isle of Wight.

 

 

 

 

 

CHAIRMAN