THE "CALL IN"PERIOD FOR THESE DECISIONS EXPIRES AT 4.30 PM ON MONDAY, 30 APRIL 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 THURSDAY, 19 APRIL 2001 COMMENCING AT 9.30 AM

Present :

Mrs S A Smart (Chairman), Mr R R Barry, Mrs T M Butchers, Mr M J Cunningham, Mr P G Harris, Mr A D Hollands, Miss H L Humby, Mr G S Kendall, Mr G A Nichols, Mr H Rees, Mr R A Sutton

Also present non-voting :

Mr A C Bartlett, Mr J Effemey, Mr E Fox, Mr D J Knowles, Mr R G Mazillius, Mr V J Morey

RESOLVED :

THAT the minutes of the meeting held on 12 April 2001 be confirmed.

309. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Mr A D Hollands - a pecuniary interest in Education and Social Services matters as a contractor for a number of transport contracts for those departments. It was accepted that this was a standing declaration.

Mrs T M Butchers declared a non pecuniary interest in Minute 313 - Islecare as the Council member of Medina Housing Association and Mrs S A Smart declared a non pecuniary interest as a former member of that Association.

310. URGENT BUSINESS

(a) Update on Landslips

Members were told that the landslip works at Sandown Bay were nearing completion, and there were two further sections to be cleared.

Additional works were needed at Shanklin, behind the Shoreside Hotel and the Esplanade Gardens Car Park. The estimated costs for these works was �90,000 and the costs might be recouped from land owners, once they had been identified. If the Council was the land owner then funding would be reclaimed through the Bellwin Rules.

The works at Journey's End café would be completed as soon as possible and the Littlestairs path had been reopened and remedial works had been carried out at Appley Steps. There was to be a public meeting, by invitation only, at Medina Theatre on 30 April 2001 at 7.30 pm.

A report on the Bonchurch Landslip had been received from Sir William Halcrow and Partners advising the Council to carry out a further geotechnical survey, the cost for this would be �10,000.

A second investigation was nearing completion on Undercliff Drive and the Highways Department were monitoring the position daily There was still some movement at Woodlands. A letter had gone to all residents of Undercliff Drive updating them on the situation. The diversionary route was being investigated. The Director would be writing to the DETR stressing the importance of extending the timescale for claims under the Bellwin Rules.

Members accepted that work needed to proceed immediately at Bonchurch but believed that a report should be brought to the meeting of the Executive due to be held on 26 April 2001, before any decision was made on further financial commitments.

RESOLVED :

THAT authority be given to proceed with work at Bonchurch up to the value of �10,000 but that a further report be brought to the Executive on 26 April 2001 in respect of the other planned expenditure.

(b) Foot and Mouth

Announcements continued to be made on the Isle of Wight ferries and the matting at the ports had been renewed. �500,000 was available from SEEDA, but this would be for the whole area, not just the Island.

RESOLVED :

THAT the report be noted.

311. CONNEXIONS

The Director of Education and Community Development told members that the Isle of Wight Council had participated in a pilot project for a Connexions Service. The Pilot had made good progress and the Government had extended the Pilot and the funding for it, with the intention that South Central Connexions would go live with a full Connexions Service in the region with effect from 1 April 2002.

The aim of the Strategy, in tackling young person's access to education and training through four key themes, was outlined. The role of Personal Advisors in the scheme, and how these would support young people, was also outlined.

Articles of Association, a Memorandum of Association and a Members Agreement for South Central Connexions Partnership Ltd had been written. Following comment from the five partners the Members Agreement would need to be signed and it was suggested that the task be delegated to the Director of Corporate Services. The Director assured the Executive that the Council's position would be protected in concluding the Agreement.

RESOLVED :

(i) THAT the Isle of Wight Council join with Hampshire County Council, Portsmouth and Southampton City Councils and Careers Management Ltd to bid to Government to provide a Connexions Service for the Island with effect from 1 April 2002.

(ii) THAT the Isle of Wight Council together with the partners in (i) above form a company, limited by guarantee, called South Central Connexions Partnership Ltd to deliver a Connexions Service in their area.

(iii) THAT the Director of Corporate Services be delegated the authority to complete the necessary documentation and sign the Members Agreement for and on behalf of the Isle of Wight Council.

312. REPORT OF THE DIRECTOR OF CORPORATE SERVICES

(a) Grant of 125 Year Lease to Vectis Boating and Fishing Club

Consideration was given to the granting of a 125 year lease to the Vectis Boating and Fishing Club. The terms of the lease would require the Club to take on all liabilities, including the boundaries, structure and outgoings. A surrender clause back to the Council, at nil value was also to be included.

A lottery application for new premises had been submitted and funding had been secured. A grant of �12,500 would be viewed as the Council's financial contribution by the Lottery Commission.

RESOLVED :

(i) THAT a grant of �12,500 be approved.

(ii) THAT a lease for 125 years be granted at a premium of �12,500

(b) Rylstone Chalet, Rylstone Gardens, Shanklin

Members discussed the future of Rylstone Chalet, Shanklin, after the Director had outlined the history to the property. Concern was raised as to the condition of the building especially as it was Grade II Listed. It was believed that local agents should be instructed to readvertise the property for a use that conformed with the current planning consent.

Shanklin Town Council had been consulted as to the appropriate use and it believed that the property should be used as a single residential dwelling. This would necessitate a change of use, but was contrary to UDP Policy L4 and would be called in by the Secretary of State.

RESOLVED :

THAT local agents be instructed to readvertise the property in its present condition to lease for a use that conforms with the current planning consent and a report be brought back to the Executive in 6 months.

(c) The New Ethical Framework

Consideration was given to the implications and changes that would be required as a consequence of the Local Government Act 2000 in respect of the Council's Standards Committee. The comments from the Standards Committee were circulated. The Executive also considered the draft Code of Conduct for members. Various aspects of the report were discussed and several issues highlighted. The Director was asked to make representations on a number of points in relation to the draft Code.

RESOLVED :

(i) That with effect from the Annual Meeting of the Council, a panel of 2 Councillors (with 3 named deputies) and 7 independent members and a representative of the Isle of Wight Association of Parish and Town Council (for when the Standards Committee are considering matters relating to Parish/Town Councils) should be appointed to constitute the Standards Committee

(ii) THAT the quorum of the Standards Committee should be 5 to be made up of no more than 2 Councillors and a minimum of three Independent Members.

(iii) THAT the Chairman of the Standards Committee should be appointed from one of the independent members.

(iv) THAT any councillors appointed should not include any Councillor who serves on the Executive and they should have served at least one full term as a Councillor immediately preceding their appointment to the Standards Committee.

(v) THAT the Council re-appoint all seven of the existing independent members of the existing Standards Committee for a further period of two years.

(vi) THAT, although it is appreciated that the Standards Committee's responsibilities for Parish and Town Councils does not apply until all the Parish and Town Councils have adopted new Codes of Conduct, a representative from the Isle of Wight Association of Parish and Town Council's be appointed as soon as possible after the elections.

(vii) THAT revised Terms of Reference for the Standards Committee be taken back to the Standards Committee and then on to the Executive once the Regulations have been made and guidance has been received from the Standards Board.

313. ISLECARE REVIEW PANEL

(Mr R A Sutton declared an interest in The Gouldings, Residential Care Home, Freshwater and left the room).

(Mrs S A Smart declared an interest in The Gouldings Residential Care Home, Freshwater).

The results of the independent inquiry had been reported to the Islecare Panel at its meeting on 5 April 2001. Members discussed various aspects of the report. The Chief Executive undertook to check that all members of the Council had been sent the report following (since confirmed) following which it was :

RESOLVED :

(i) THAT the thanks of the Council be conveyed to Mr Peter Bounds and Ms Sandra Brown for their work in reviewing Islecare.

(ii) THAT the request to Medina Housing Association to allow Mr Terrence Hitchins to be interviewed by Mr Bounds be renewed and their comments sought on those points of the report relating to the role of Medina Housing Association at relevant times.

(iii) THAT the following recommendations in the report be accepted and the Chief Executive be requested to follow them up :

(iii) THAT the Registered Care Homes Association be offered a full briefing on the issues raised in this report, and that the Council seek to continue the dialogue with the Association in the context of the major challenges facing the sector as a whole.

(iv) THAT the Council reviews the usefulness of its membership of IL97 and considers whether to seek to dispose of its shareholding, to SCL or otherwise - or, alternatively, makes arrangements to operate in accordance with all the provisions of the 1996 agreement.

(v) THAT officers be requested to report on the requirements of s123 of the Local Government Act 1972 in relation to the agreement with SCL in 1996.

(vi) THAT the Executive considers a report on issues relating to the rent review before negotiations on the review are commenced.

(vii) THAT arrangements be made as quickly as possible to complete the legal formalities relating to the lease.

(iv) THAT the Council expresses its sincere regret that some aspects could have been better handled and accepts that this will have contributed to the current poor relationship between the Council and the private residential care industry, a relationship which the Panel now looks forward to improving.

314. MEMBERS' QUESTION TIME

(a) Mr Nichols asked the Chairman what the Council's policy was on providing financial assistance to owners of beach huts who were being forced to move, at the Council's insistence, following cliff subsidence in the Littlestairs area of Shanklin.

The Chairman replied that the Council licences the land to the owners of the beach huts. These licences can be determined on 28 days notice. The Council also had the right to allocate an alternative site, if this proved to be necessary but the licence provides that the Council had no obligation to do so and was not financially responsible for the costs of moving the beach hut itself. The Council does not have any existing policy to assist with the costs of relocating to another site but is trying to find an alternative location for the beach hut owners and a meeting had been held with the owners recently to explore this possibility. The meeting also explored the cost of making safe the cliffs behind the beach huts for which estimates are being obtained. The Council is obliged to pay compensation to the tenants of café premises which are let on commercial lease arrangements and are thus quite different from the licences for the beach huts.

(b) Mr Nichols asked the Chairman what was the Council's policy and that of its insurers on re-imbursement of costs caused to members of the public occasioned by damage to vehicles by roads in a poor state of repair?

The Chairman replied that the Council and its insurers have met, and will continue to meet, any legal liability to members of the public arising from the state of the roads.

(c) Mr Effemey asked the Chairman a question relating to the Council's Corporate Standards.

The Chairman replied that the Isle of Wight Council had adopted a comprehensive set of Customer Service Standards since 1995 and the Performance Indicators were on display in the Customer Service Centre in County Hall.

(d) Mr Effemey asked a question relating to the width of parking bays on the north side of Cowes Parade.

The Chairman replied that they complied with the national specification for road markings which indicated that parking bays should be a minimum of 2 metres and a maximum of 2.5 metres.

(e) Mr Kendall asked the Chairman a series of questions relating to the decision taken at the Council meeting held on 11 April 2001 concerning chief officers pay.

The Chairman replied that she would give him a full reply, although he should note that the decision made was taken democratically.

(f) Mr Barry asked the Chairman, considering the size of the Isle of Wight Coastline, would it be more economic to employ our own consultant.

The Chairman replied that she would ask the Director of Environment Services to report back on the matter.

CHAIRMAN