THE “CALL IN”PERIOD FOR THESE DECISIONS EXPIRES AT 5.00 PM ON THURSDAY, 28 NOVEMBER 2002.  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, 19 NOVEMBER 2002 COMMENCING AT 9.30 AM

 

Present :

 

 Mrs S A Smart (Chairman), Mr R R Barry, Mr E Fox, Mr P G Harris,   Mrs M A Jarman, Mr D J Knowles, Mrs B Lawson, Mr R G Mazillius,  Mr H Rees, Mrs J L Wareham

 

Also present non-voting :

 

Mr A C Bartlett, Mrs T M Butchers, Mr M J Cunningham, Mr C H Lillywhite, Mr G P Price, Mr R A Sutton

 

 

 


139.        MINUTES

 

RESOLVED :

 

THAT the Minutes of the meeting of the Executive held on 5 November 2002
 be confirmed.

 

140.        DECLARATIONS OF INTEREST

 

Mrs J L Wareham declared a personal interest in Minute 145 (c) West Wight Sports Centre Trust as a Council appointed member of the Trust and 146 – Homelessness Act 2002 as a private landlord.

 

141.        PUBLIC QUESTION TIME

 

Questions were put to the Chairman as follows:

 

Mr R Ginsburg asked a question on West Wight Sports Centre.  The question was out of time and a separate written answer would be given.

 

142.        URGENT BUSINESS – UPDATE ON INDUSTRIAL ACTION BY THE FBU

 

The Chairman agreed to an item of urgent business as it was necessary for the Portfolio Holder to update the Executive on the recent and planned industrial action by the Fire Brigade Union.

 

RESOLVED :

 

            THAT the report be noted.

 

143.        ISLE OF WIGHT ECONOMIC PARTNERSHIP, NOMINATIONS TO THE BOARD

 

Members were informed that three of the seven Directors of the Board were appointed by the Council. One of these, Alan Kaye, had tendered his resignation since he was no longer employed by the Council. As the Partnership did not discharge any Executive function, the appointment could be an officer, member of the Executive or a non - Executive member.

 

RESOLVED :

 

THAT Councillor Peter Harris be appointed as a Director to the Board of the Isle of Wight Economic Partnership

 

144.        CASTLEHAVEN COASTAL PROTECTION SCHEME ACQUISITION OF LAND – PUCKASTER FARM

 

The Executive had considered the matter on 18 June 2002 where it was resolved to take steps to compulsory purchase the land as part of the Castle Haven Coastal Protection Scheme. The Portfolio Holder for Agenda 21 and Countryside Matters informed members that the landowner had now agreed to enter into a lease for the land as opposed to the required land being compulsory purchased. The Portfolio Holder was keen for the matter to progress as quickly as possible.  Details of financial implications were outlined and the proposed terms were detailed in a confidential appendix.  Advice was given in the report that to acquire the property in the proposed manner could result in a higher price being paid although this had to be weighed against the additional cost, uncertainty and delay that a Compulsory Purchase Order could bring.

 

RESOLVED :

 

That the Council agrees the acquisition on the headline terms set out in the confidential report, subject to entry into a long lease in terms agreed by the Strategic Director of Corporate and Environment Services.

 

145.        REPORT OF THE PORTFOLIO HOLDER FOR RESOURCES

 

(a)               Freedom of Information Act 2000 – Publication Scheme

 

Members were advised that under the Act, the Council were required to adopt and maintain a publication scheme, which must be approved by the Information Commissioner by December 2002 and be in place by February 2003. The scheme would define all information the Council currently published in order to provide easier access to key information for the public and to promote more open government.  The financial costs for setting up and maintaining the scheme were reported.

 

RESOLVED :

 

(i)                  THAT the Councils scheme as attached to the report be approved and the Strategic Director of Corporate and Environment Services be authorised to submit the final scheme to the Information Commissioner for formal confirmation before 31 December 2002

 

(ii)        THAT the Strategic Director of Corporate and Environment Services be authorised to publish and maintain the scheme

 

(b)               Approval of Procurement Strategy

 

The need for a Council-wide strategy for procurement had been recognised for some time and was a preliminary recommendation from the CPA Inspectors’ report.  The Strategy would seek to provide an effective framework for achieving a significant improvement in the Council’s approach to procurement and was viewed as a vital component of effective service delivery.  The strategy had been considered by the Directors’ group.  District Audit had endorsed the content of the draft strategy as a framework for improving procurement within the Authority which clearly identified links with the Council’s corporate objectives. Members were informed that specific costs had not yet been identified although most would be met from existing revenue budgets. 

 

RESOLVED :

 

THAT the Procurement Strategy be approved, but would incorporate any suggestions for further improvement arising from the Best Value Review.

 

(c)               West Wight Sports Centre Trust

 

Mr A Sutton declared a personal interest as a member of West Wight Sports Centre Trust.

 

Mrs J L Wareham declared a personal interest as a member appointed by the Council of West Wight Sports Centre Trust.

 

Consideration was given to a request from West Wight Sports Centre Trust for additional funding to operate its Sports and Leisure facilities. In 1997, the Trust was awarded a £1.8 million grant by Sport England. However, it had found it hard to match the projections set in its original business plan and was forced to use its reserves, which had led to a severe cash flow problem.

 

A letter was circulated to members from the Chairman of West Wight Sports Centre and a business plan was also circulated. Member noted that West Wight Sports Centre was the only public sport/leisure facility in the area. An external audit had been carried out to help plan future service delivery within the available budget and to identify improvement and efficiency areas in 1992.  The report highlighted a number of opportunities to improve the financial performance of the facilities and these recommendations were incorporated a 5 year strategic/business plan designed to help resolve the current financial trends.  Members were reminded that Council currently supported the Centre with an annual subsidy of £65,070.   The options as set out in the report were discussed and members were advised of the possible outcomes, including closure of the Centre, if support was not forthcoming.  Concern was expressed that the business plan circulated was not fully costed.

 

RESOLVED :

 

(i)                 THAT an advance payment of £30,000 be brought forward from next year’s subsidy (2003/04) of £65,070

 

(ii)               THAT subject to receipt of a costed business plan that met the approval of the Strategic Director of Finance and Information, the annual subsidy levels of the Centre be reviewed when the Cafeteria had been externalised, a full Service Level Agreement had been finalised and a structured monitoring and performance management process had been put into place

 

146.        SECTION 19 APPLICATION – FIRE SERVCE ACT 1947 (AS AMENDED)

 

Members received a draft application to the Secretary of State to vary the establishment scheme.  The Chief Fire Officer informed members that this would decrease the number of Firefighters and increase the number of Leading Firefighters, Station Officers and Assistant Divisional Officers from an of establishment of 61 to 62.  Members were advised that H M Fire Inspectorate would expect such a decision to be endorsed by the body acting in its capacity as Fire Authority.  The report detailed consultation that had taken place.

 

RESOLVED :

 

            THAT the Section 19 Application be submitted to the Secretary of State.

 

147.        HOMELESSNESS ACT 2002

 

Members were advised of the new homeless provisions contained in the Homelessness Act 2002.  In particular, the introduction of a statutory requirement for all local authorities to undertake a review of homelessness and to produce a homelessness strategy by July 2003.  Members were reminded of the current homelessness policies and the current level of homelessness on the Island. An outline of the financial implications was given.

 

RESOLVED :

 

THAT it will be Council policy that :

 

a)         When determining homeless applications, due regard shall be had to the Housing Act 1996, the Homelessness Act 2002, all Regulations and Orders made thereunder, and the Homelessness Code of Guidance for Local Authorities.

 

b)         i)          the Council’s homelessness officers and the senior homelessness officer shall upon receipt of an application make all appropriate enquiries, make the initial homelessness decisions, and issue the appropriate decision notifications to applicants.

 

ii)         the Head of Housing Services shall be the designated officer for   reviewing homelessness decisions under S203 of the Housing Act 1996.

 

iii)        If the Head of Housing Services finds on review there was an irregularity in the original decision but is still minded to find against the applicant, then the applicant will be afforded an oral hearing before a member level Homeless Appeals Panel.

 

c)                  Unless the Head of Housing Services is satisfied there are exceptional circumstances, the Council will not exercise the power under s5, Homelessness Act 2002, to provide accommodation to unintentionally homeless families who are not in priority need

 

d)                 Temporary accommodation will be secured for homeless households to whom a duty under S 193, Housing Act 1996 is owed, for a period of 28 days after the conclusion of any review, or if brought, of any appeal to the County Court

 

148.          CHURCH LITTEN PLAYGROUND PROPOSAL

 

Consideration was given to a further proposal from Newport Inner Play Area Committee for the Council to accept responsibility for the ownership, maintenance and insurance of the suggested play area at Church Litten, Newport. A previous decision of the Executive resolved that no that no responsibility should fall to the Council for maintenance, insurance or public liability in the future for the playground.  However, NIPA had reported considerable difficulty with the issue of future responsibility, particularly as the organisation was formed with the sole intention of developing a playground at Church Litten and it did not have the capacity of managing or maintaining it.  The local member spoke in support of the recommendation.

 

It had been suggested that NIPA could raise sufficient capital which would be gifted to the Council in order to maintain and insure the playground for a 10 year period.  For insurance reasons it would be necessary for the playground to be transferred into the Council’s ownership.  The raised capital would only be sufficient only for routine maintenance items that were damaged beyond economic repair would not be able to be replaced. The capital costs to fund the supply and installation of the playground would be provided by NIPA through grant applications.  After the 10 year period the financial responsibility would fall to the Council.

 

RESOLVED :

 

THAT the Council accept on terms acceptable to the Strategic Director of Finance and Information, the responsibility for the ownership, maintenance and insurance of the playground, subject to NIPA providing sufficient funds, to be held in trust by the Council, for its maintenance for a period of 10 years.

 

149.        DEVELOPING A SUSTAINALBE TOURISM POLICY

 

In order for further consultation to take place this item was withdrawn from the agenda.

 

RESOLVED :

 

            THAT the report be deferred

 

150.        MEMBERS’ QUESTION TIME

 

Questions were put to the Chairman as follows :

 

Mr Buckle asked a question concerning the retirement of the Strategic Director of Finance and Information (MQ84/02)

 

Mr Effemey asked a question concerning the West Wight Sports Centre (MQ85/02)

 

Mr Price asked a question regarding recent flooding in Newport (MQ86/02)

 

Mr M Cunningham asked a question concerning the Forest Road Generation Company. (MQ87/02)

 

Copies of the questions and replies given are contained in the Members' Question Register.

 

 

 

CHAIRMAN