Executive Minutes - 21 May 2002

THE “CALL IN”PERIOD FOR THESE DECISIONS EXPIRES AT 5.00 PM ON THURSDAY, 30 MAY 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, 21 MAY 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, Mrs J L Wareham

Apologies :

Mr H Rees

Also present non-voting :

Mr C B W Chapman, Mr M J Cunningham, Mr P D Joyce, Mr A A Taylor

19. MINUTES

RESOLVED :

THAT the Minutes of the meeting of the Executive held on 7 May 2002 be confirmed.

20. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Mrs B Lawson declared a personal interest in Minute 24 - Assistance to Town and Parish Councils as a Town Councillor and a prejudicial interest in Minute 26 Fishbourne Quay Development Brief as her husband worked for a company involved

Mrs J L Wareham declared a personal interest in Minute 24 - Assistance to Town and Parish Council6 as a Parish Councillor

Mr R G Mazillius declared a personal interest in Minute 26 Fishbourne Quay Development Brief as he knew people living close by

21. PUBLIC QUESTION TIME

A question was put to the Chairman as follows :

Ms Lois Prior, 66 Sylvan Drive, Newport, Isle of Wight in relation to Central Newport Playground Proposal (PQ53/02)

Copy of the question and reply given is contained in the Public Question Register.

22. PORTFOLIO HOLDER FOR TOURISM AND LEISURE

(a) Central Newport Playground Proposal

The Portfolio Holder advised that the Newport Inner Play Area Committee (NIPA) had been formed to raise funds for the construction of a children’s playground in an area of Church Litten, Newport. A final area had not yet been decided and would depend partly on the level of funds that were raised. In order to confirm some offers of grants and to be able to make other applications, NIPA required a commitment from the Council to make land available for such a playground. The Economic Development, Planning, Tourism and Leisure Services Select Committee supported the proposals subject to the development taking place within 24 months. The outcome of consultations were reported. Finance to cover on going revenue costs for maintenance had yet to be identified and annual maintenance costs would fall either to NIPA or the Council. Although Members supported the idea and acknowledged the hard work NIPA had invested in the project, they expressed concern over the issue of maintenance and that the issue of repairs costs had yet to be fully resolved. The local member addressed the Executive and tabled a letter in support of the proposal. A letter from the Chairman of NIPA was also circulated

RESOLVED :

(i) THAT an allocation of land for the Newport inner play area be agreed, subject to the agreement of size and position of the site, planning consent being obtained and that no liability falling the Council for maintenance, insurance or public liability in the future

(ii) THAT the Economic Development, Planning, Tourism and Leisure Services Select Committee be asked to oversee the design of the playground to ensure that the final scheme met the needs of all parties

(iii) THAT (i) and (ii) above be subject to the playground being completed within 24 months

(b) Best Value Review of Tourism

Consideration was given to the Best Value Report for Tourism which had been conducted during 2001/02. The Review was discussed by the Economic Development, Planning, Tourism and Leisure Services Select Committee at its recent meeting on 22 April 2002. Options for the future of Tourism Services were either to leave the service as it was, integrate it within the Council or to externalise the function to a trust or limited company.

RESOLVED :

(i) THAT a detailed report on the future for the service, be reported to the Economic Development, Planning, Tourism and Leisure Services Select Committee on 13 June 2002

(ii) THAT Tourism deliver improvements within their annual business plan and within approved budgets

Members were aware that the current Head of Tourism Services would be leaving the Authority shortly. It was appreciated that it would be necessary to decide upon the organisational arrangements before proceeding with a new appointment. The decision to externalise Wight Leisure and the departure of the Head of Tourism provided the opportunity for the Leisure client function, parks, beaches and esplanades management and tourism to be brought together within the Community Development Branch of the Education and Community Development Directorate.

RESOLVED :

(i) THAT Tourism Services be relocated from the Directorate of Finance and Information to the Directorate of Education and Community Development

(ii) THAT the Head of Community Development take overall responsibility for Tourism until the future organisational arrangements are put in place

(iii) THAT the Head of Paid Services and Head of Community Development determine temporary arrangements to ensure the continued good management of Tourism Services until the future organisational arrangements are in place, the costs of which will not exceed the salary costs of the departing Head of Tourism.

(d) Externalisation of Leisure Services

Consideration was given to the timetable and process involved to achieve the externalisation of leisure services provided by Wight Leisure, by 1 October 2002. A number of issues needed to be finalised. These included proposals for delivering the services for the first year, the assignment of the Council’s dual use agreement with the school, transfer of staff, preparation of leases, production of transfer and funding agreements. A sum of £20,000 had been set aside in the budget to meet the Council’s costs in the process.

RESOLVED :

(i) THAT the Services be transferred to a Not for Profit Distributing Organisation with effect from 1 October 2002

(ii) THAT the timetable as set out in Annex 1 to be report be agreed

(iii) THAT the Economic Development, Planning, Tourism and Leisure Services Select Committee oversee negotiations in respect of all matters relating to the transfer and that the final details of the agreements with the Not for Profit Distributing Organisation be submitted to the Executive at its meeting on 27 August 2002

23. ASSISTANCE TO PARISH AND TOWN COUNCIL’S

(Mrs B Lawson and Mrs J L Wareham declared a personal interest as a Town Councillor and Parish Councillor respectively)

The Portfolio Holder for Resources reminded members that the budget package for the year 2002/3 included a reduction in net spending of £17,000 which related to assistance to Parish and Town Councils for grass cutting. Parish and Towns Councils had to set their own precepts prior to the Council setting the Council Tax and so were unaware of measures the Council had adopted. Representations had now been received from Town and Parish Councils who were unable to accommodate the change within their resources. Therefore it was proposed that the £17,000 being restored to Town and Parish Councils for the year 2002/3. Members were informed that the budget for members allowances had been underspent by £25,000 and consideration was given to use the amount for the year 2002/3.

RESOLVED :

THAT part of the underspending on members’ allowances in 2001/2 be used as a means of restoring assistance to Parish and Town Councils for 2002/3.

24. PROPOSALS FOR A SIX YEAR TERM

Members were reminded that the Local Government Association had commissioned research into term and holiday distribution and a summary of its results were discussed on the meeting of the Education, Community Development and Lifelong Learning Select Committee on 11 February 2002. Details were given of the results from the consultation for the proposals for a 6 term year and a number of different options were put forward.

RESOLVED :

THAT broad support for the proposals be communicated to the Local Government Association but further research and consultation be commissioned amongst stakeholders.

25. FISHBOURNE QUAY DEVELOPMENT BRIEF

(Mrs B Lawson declared a prejudicial interest in as her husband worked for a company involved and left the room during discussion of this item)

(Mr R G Mazillius declared a personal interest as he knew people living close by and left the room during discussion of this item)

Details were received of the consultation that had taken place on the provision of a planning brief which would act as a guide for the future consideration of planning applications for Fishbourne Quay. The responses by local residents and businesses as well as those responding to an advert in the press were summarised.

RESOLVED :

THAT the points number 1 to 10 in the report be agreed to guide the future consideration of planning applications for the development of Fishbourne Quay.

26. LOCAL AUTHORITY NOMINATION RIGHTS FOR TENANCIES IN PROPERTIES MANAGED BY REGISTERED SOCIAL LANDLORDS (2002-2003)

The Portfolio Holder reported on proposals for 80% of all vacant properties managed by Registered Social Landlords on the Isle of Wight to be offered to the Council on re-lets during 2002-2003. This would be in addition to 100% nomination rights available to the Council on all new properties. This arrangement was put forward in recognition of the serious difficulties that had been encountered by the Council in finding suitable permanent accommodation for residents of the Isle of Wight who were homeless. In addition, the arrangements for giving households an element of choice on the offer of permanent accommodation had been reviewed and the existing policy of allowing applicants to nominate their first and second choice of towns had been amended. The combined effect of both of these proposals would be to reduce the length of time homeless households would have to wait in temporary accommodation.

RESOLVED :

(i) THAT 80% of the nominations of re-lets to come from the Council’s Housing Register be agreed

(ii) THAT refusal will not be permitted by an applicant from the Housing Register of accommodation in first or second choice area, by which the property was declared being physically suitable, unless a Senior Housing Officer is satisfied these are appropriate exceptional circumstances

(iii) THAT the operation of (i) and (ii) above be reviewed by the Social Services and Housing Select Committee and the result of such a review reported to the Select Committee in November 2002 and to the Executive

27. PUBLIC SERVICE AGREEMENT

Consideration was given to the draft Public Service Agreement prior to its submission to the DTLR. A final draft would be agreed after detailed negotiations with the DTLR on a variety of targets to stretch the Council’s performances in a number of different services areas. In order to meet the targets the Government would allow bids for pump priming money. Successful performance in 60% or more target should result in a one-off allocation of ‘reward grant’. The targets had been selected from areas where performance could be improved and/or where residents had identified them as local priorities. It was anticipated that the final agreement would consist of approximately 13 targets 7 of which would be national targets. To give flexibility in the negotiations, 15 initial targets would be put forward, in anticipation that two could be withdrawn if it was felt that unrealistic targets had been set. Members believed that the targets set should be achievable in order to allow a reasonable chance of success.

RESOLVED TO RECOMMEND TO COUNCIL :

(i) THAT the draft agreement as set out in Schedule 1 of the report be agreed

(ii) THAT the extra freedoms and flexibilities set out in Schedule 2 of the report to enter into negotiations with the DTLR in order to achieve the targets be agreed

(iii) THAT the proposals for allocating pump priming money bids and unsupported credit approval bids as set out in Schedules 2 and 3 as attached to the report be agreed

(iv) THAT the extra costs of unsupported borrowing, and the excess pump priming bids over the sum available as set out in paragraph 4.2 of the report, be agreed

(v) THAT the proposal seek approval of the Local Strategic Partnership Board on 25 June 2002 be agreed

28. BEST VALUE REVIEW OF ECONOMIC DEVELOPMENT

Consideration was given to the Best Value Report on Economic Development which included the outcome of consultations with a range of stakeholders. The review considered a number the future delivery of the service.

RESOLVED :

THAT the continued joint delivery through the Council and Isle of Wight Economic Development Partnership be agreed as the most appropriate solution for achievement of the Council’s objectives, with Isle of Wight Economic Development Partnership being would be responsible for the delivery of the service and the Council being responsible for advising strategic policy matters, bid development and research.

29. 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 item no. 30 on the grounds that there was likely to be disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.

30. RETIREMENT OF STRATEGIC DIRECTOR OF EDUCATION AND COMMUNITY DEVELOPMENT

Members gave consideration to the early retirement of the Strategic Director of Education and Community Development. In addition he had been designated as Head of Paid Service for a 12 month period and had been supported by the Head of Educational Effectiveness and Lifelong Learning who had assumed responsibility for the day to day management of the Directorate. The retirement of the Strategic Director would enable the Head of Educational Effectiveness and Lifelong Learning to be appointed to the post of Strategic Director and for his current post to be deleted. The Director’s retirement on the grounds of efficiency of the service would be justified on this basis.

Members were aware that the Council had a Comprehensive Performance Assessment during the summer and it would not be appropriate to allow the Director to retire until 31 October 2002. In the interim it would be necessary for him to dedicate his time as Head of Paid Service to the CPA process with the Head of Educational Effectiveness and Lifelong Learning assuming the role of Strategic Director of Education and Community Development (designate) on a substantive basis with effect from 1 June 2002 and on a permanent basis with effect from 1November 2002. It would be necessary to appoint another officer as Head of Paid Service with effect of 1 November 2002. That person could not at the same time be the nominated Monitoring Officer and the Chief Financial Officer could not be the Monitoring Officer. If the current Strategic Director of Corporate and Environment Services who was designated as the Monitoring Officer be designated Head of Paid Service, then it would be necessary to nominate another officer as the Council’s Monitoring Officer. The Monitoring Officer should be a qualified lawyer and could be the Head of Legal and Democratic Services. It was therefore proposed that current Strategic Director of Corporate and Environment Services be designated as Head of Paid Service for a period of one year and that the Head of Legal and Democratic Services be designated as the Monitoring Officer for the same period.

RESOLVED :

(i) THAT the retirement of the Strategic Director of Education and Community Development and Head of Paid Service be agreed with effect from 31 October 2002.

(ii) THAT the post of Head of Educational Effectiveness and Lifelong Learning be deleted and the current Head of Educational Effectiveness and Lifelong Learning be appointed to the post of Strategic Director of Education and Community Development (designate) from 1 June 2002 and on a substantive basis from 1 November 2002.

(iii) THAT the Head of Legal and Democratic Services be designated as the Council’s Monitoring Officer with effect from 1 November 2002.

RESOLVED TO RECOMMEND TO COUNCIL :

THAT the Strategic Director of Corporate and Environment Services be designated as Head of Paid Service for a period of one year with effect from 1 November 2002 with a formal review six months from commencement.

CHAIRMAN