THE 'CALL IN' PERIOD FOR THESE DECISIONS EXPIRES AT 5.00 PM ON THURSDAY, 25 OCTOBER 2001. 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 TUESDAY, 16 OCTOBER 2001 COMMENCING AT 9.30 AM

Present :

Mrs S A Smart (Chairman), Mr R R Barry, Mr J A Bowker, Mr E Fox, Mr P G Harris, Mrs M A Jarman, Mr M O Morgan Huws, Mrs J White

Also Present (non voting) :

Mr M J Cunningham, Mr P D Joyce, Mr A J Mundy, Mr K Pearson

Apologies :

Mrs B Lawson


The Chairman welcomed pupils from Medina High School to the meeting. The pupils were attending the Executive as part of Local Democracy Week. IOW Radio were also in attendance and requested permission to record the questions the pupils had prepared to ask of the relevant portfolio holders.

60. MINUTES

RESOLVED :
THAT the minutes of the meeting held on 2 October 2001 be confirmed.

61. DECLARATIONS OF INTEREST

Mrs S Smart declared a non pecuniary interest in Minute No 63 being the item of Urgent Business relating to Additional Funding for Social Services.
Mrs J White declared a non pecuniary interest in Minute No 66 relating to the Adoption of Contaminated Land Inspection Strategy.

62. PUBLIC QUESTION TIME

Jack Armstrong asked a question in relation to the use of school bus passes. (PQ23/01)
Gareth Davies asked a question in relation to the cost of bus fares on the island in comparison to those on the mainland (PQ24/01)
Gareth Davies asked a question in relation to the Council's influence over the ferry/rail services (PQ25/01)
Naomi Hutchinson asked a question in relation to plans to improve leisure facilities for students under 18 (PQ26/01)
Hannah Mundy asked a question in relation to the Undercliff Road. (PQ27/01)
Kresta Ferris asked a question in relation to the possibility of reducing fares to a maximum of �1. (PQ28/01)
Scott Harris asked a question in relation to food hygiene in public places on the Isle of Wight and how can standards be improved. (PQ29/01)
A copy of the questions and replies are contained in the Public Question Register.

63. URGENT BUSINESS - ADDITIONAL FUNDING FOR SOCIAL SERVICES

The Chairman indicated that there was an item of urgent business that required consideration by the Committee prior to the next meeting.
The Portfolio Holder for Social Services and Housing referred to the �300m package of measures in the Governments' 'Cash for Change' initiative which had been announced on 9 October 2001. All Local Authorities with Social Services responsibilities would receive some additional finance to help with difficulties in funding discharges from hospital. The Isle of Wight had been allocated �326K in 2001 - 02. The Government had also indicated that a further �326K, as a minimum, could be expected in 2002 - 03. A number of terms and conditions attached to the grant were noted. The proposals to spend the additional allocation reflected the recommendations arising from a series of meetings with the IW Healthcare NHS Trust, the Residential Care Home Owners Association and the Nursing Home Owners Association.
RESOLVED :
(i) THAT the following proposals for spending �326K in 2001 - 02 be approved.
Purchase extra residential care homes beds up to 31 March 2002 - �259,000
Purchase extra home care hours up to 31 March 2002 - � 40,000
Purchase extra nursing care provisions with IW Healthcare NHS Trust - � 20,000
Contingency - � 7,000
(ii) THAT the action plan be approved by the Portfolio Holder in conjunction with the Director and the Chairman of the Social Services, Housing and Benefits Select Committee;
(iii) THAT any additional costs occurring in 2002/03 and beyond be contained within the Social Services budget as approved by full Council.

64. PORTFOLIO HOLDER - EDUCATION AND LIFELONG LEARNING

(a) Admission Arrangements for Community and Controlled Schools

Mr M Morgan Huws declared a pecuniary interest in the following item of business, left the meeting room and therefore took no part in the debate or voting thereon.

Following a report from the Local Government Ombudsman criticising the Councils' admissions arrangements for community and controlled schools and subsequent legal advice confirming that the current policy of guaranteeing school places could be subject to challenge through judicial review, a thorough review of existing practices had been undertaken.
The Portfolio Holder for Education and Life Long Learning reported on the proposed changes to the LEA's admissions and transport policies which preserved many of the benefits of the Council's current arrangements, whilst meeting the requirements of the law. The proposals would take effect from 1 January 2002. It was reported that the revised arrangements had been the subject of extensive consultation with Headteachers, governors, the Church of England and Roman Catholic dioceses and parents. Overall, there had been an acceptance of the need for changes but a general regret that the existing policy, which had operated successfully, had had to be abandoned. The proposals had also been considered by the Education, Community Development and Life Long learning Select Committee at its meeting on 10 September 2001.
RESOLVED :
THAT the amendments to the LEA's admissions and transport policies outlined in paragraphs 12 -16 and paragraph 21 of the report, be agreed.

Mr M Morgan Huws re-entered the meeting room.

(b) Development Plan - Services and Provision for Pupils with Special Educational Needs
The Portfolio Holder for Education and Life Long Learning introduced the Development Plan in relation to Services and Provision for Pupils with Special Educational Needs for the period 2001 - 2004. The Plan was produced in response to recommendations made to the LEA, following the OFSTED inspection of the Education and Community Development Directorate in June 2000. The Development Plan took into account the recently revised Code of Practice for Special Educational Needs and the Special Educational Needs and Disability Act. Wide ranging consultation had taken place and these arrangements were outlined. The activities set out in the Plan involved considerable capital expenditure and required successful bids to the DfES to support the actions proposed. Revenue costs should be met from within existing budgets and from School Standard funding.
The Development Plan had been considered by the Education, Community Development and Life Long Learning Select Committee at its meeting on 18 September 2001.
RESOLVED :
(i) THAT the Development Plan - Services and Provision for Pupils with Special Educational Needs, be endorsed;
(ii) THAT the proposal to re-organise the two special schools be endorsed.
(c) LEA Appointments

Mr M Morgan Huws declared a non pecuniary interest in the following item of business and took no part in the discussion or voting thereon.

The Director of Education and Community Development presented the various vacancies and nominations for the LEA appointments to School Governing Bodies.
RESOLVED :
THAT the following be appointed to serve on the undermentioned governing bodies:
Newchurch Primary School - Mrs P Taylor
St Catherines Independent School - Cllr B Lawson

65. APPOINTMENTS TO OUTSIDE BODIES

The Leader of the Council advised members that there was a need to approve the appointment of a number of representatives to specified outside bodies. Nominations had been sought from all members of the Council and, where vacancies still remained or where more nominations had been received than required, these had been presented to the relevant Select Committees during the September round of meetings. Attached as an Appendix to the report were the Select Committees' recommendations. Councillors were urged to provide feedback on items of interest to the Council, from the various meetings of outside bodies, which could then be circulated to all members of the Council, by way of the weekly bulletin.
In addition, members were required to consider the appointment of a Council representative to the Yarmouth Harbour Commissioners - Advisory Committee. As no Councillor nomination had been received, members were of the view that the feasibility of an officer representative of the Council should be investigated.
RESOLVED :
(i) THAT the schedule of appointments to Outside Bodies, attached as an Appendix to the report, be approved;
(ii) THAT the Council's representative on the Yarmouth Harbour Commissioners - Advisory Committee be considered at a future meeting of the Executive.

66. ADOPTION OF CONTAMINATED LAND INSPECTION STRATEGY

The Executive considered the adoption of a Contaminated Land Inspection Strategy which allowed the Council to commence the identification and implementation of works to tackle the harmful effects of contaminated land. The document was produced as a requirement under Part11A of the Environmental Protection Act 1990. The Portfolio Holder for Public, Environment Protection and Waste advised members that the Strategy outlined how the Council intended to undertake the inspection of the Island and the management of a public register of regulatory action.
RESOLVED :
THAT the Contaminated Land Inspection Strategy be adopted.

67. PORTFOLIO HOLDER - RESOURCES

(a) Release and Development of Land at Pan
The Portfolio Holder for Resources reminded the Executive that within the Isle of Wight UDP a major area of Council owned land, at Pan, had been allocated for development. The UDP had been formally adopted by the Council and the period for legal challenge expired on 29 June 2001. The Council now needed to ensure proper and effective development of the area. It was also important for careful consideration to be given to the timescale and the way in which the land was released. In this respect Members were advised, by way of the Portfolio Holder, of a number of points to be heeded in consideration of the options available.
In discussion of the issues involved Members were recommended to determine a clear understanding on how the site should be developed before any agreement was made on how the land would be disposed of. The development of a master plan would involve considerable consultation with all interested parties and potential future residents of the development. It would provide an opportunity to influence the composition, design and layout of the scheme, and would not only give the Council the greatest flexibility but could also realise the best value for the site.
The expected cost of such a master plan would be approximately �50K. However this approach should reduce the design and development work involved in any planning application and enable potential developers, at the bidding stage, to be aware of land values.
RESOLVED :
(i) THAT the Council prepares a preliminary development brief indicating the broad type of development it would like to achieve at Pan;
(ii) THAT this brief be used as a basis for inviting tenders from consultants or development consortia for the preparation of a master plan for the overall development of the land at Pan;
(iii) THAT the Council consider options for the disposal of the land at Pan when a master plan has been adopted as Supplementary Planning Guidance.
(b) Samuel White's Industrial Estate, Cowes
The Portfolio Holder for Resources reminded members that consideration of the possible disposal of the Samuel White's Industrial Estate had been deferred at the meeting of the Executive on 25 September 2001, to enable further clarification of a number of issues and for members to undertake a site visit of the area concerned. This had now taken place.
The background and process undertaken regarding the proposed disposal of Samuel Whites was explained. In addition, the Executive was advised, by way of a confidential appendix to the Portfolio Holder's report, of the results of the recent formal tendering exercise. In consideration of the options detailed, members were minded to undertake further negotiations with interested parties on a reviewed basis, namely, protection of the tenants for five years, agreed arrangements for pollution liability and remediation and the registration of the Council's title.
RESOLVED :
(i) THAT Samuel White's Estate, Cowes be declared surplus to the Council's requirements;
(ii) THAT the disposal of Samuel White's Estate, Cowes, upon the basis of the tenant's rights being protected for a minimum of five years, be agreed;
(iii) THAT officers be requested to undertake further negotiations with interested parties;
(iv) THAT the Portfolio Holder in conjunction with the Director be authorised to accept the most financially favourable offer for the property.

68. EXCLUSION OF PUBLIC AND PRESS

RESOLVED :
THAT under Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the following item of business, namely minute , on the grounds that there was likely to be disclosure of exempt information as defined in paragraph 1 and 11 of Part 1 of Schedule 12A of the Act.

69. SENIOR MANAGEMENT STRUCTURE

The Portfolio Holder for Resources referred to the interim management structure, approved by the Executive on 25 September 200,1 which involved a redistribution of the Councils' functional responsibilities. Members considered the recommendations for financial recognition of the additional responsibilities undertaken by the Directors of Education and Community Development, Corporate Services, Finance and Information and Assistant Director (Educational Effectiveness and Lifelong Learning). The potential salary savings and direct on-costs arising from the review of the management structure greatly outweighed the costs involved. A further report setting out proposals for the second tier management structure would be presented to the next meeting of the Executive.
RESOLVED :
THAT the recommendations as set out in the report be approved.

CHAIRMAN