Executive Minutes - 26 February 2002

THE “CALL IN”PERIOD FOR THESE DECISIONS (WITH THE EXCEPTION OF MINUTE 144 B) EXPIRES AT 5.00PM ON THURSDAY, 7 MARCH 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, 26 FEBRUARY 2002 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, Mrs B Lawson, Mr H Rees, Mrs J White

Apologies :

Mr M O Morgan Huws

Also present non-voting :

Mr A C Bartlett, Mr B C Buckle, Mr M J Cunningham, Mr J H Fleming, Mr C R Hancock, Mr J F Howe, Mr P D Joyce, Mr R G Mazillius, Mr A J Mundy, Mr A A Taylor

142. MINUTES

RESOLVED :

THAT the Minutes of the meeting of the Executive held on 18 February 2002 be confirmed.

143. DECLARATIONS OF INTEREST

There were no declarations received at this stage.

144. URGENT BUSINESS

The Chairman agreed to consideration of two items of urgent business as, in respect of both, a decision was required prior to the next meeting.

(a) Petition to the European Parliament

Members were reminded that in March 2000 the Ombudsman had found that the European Commission had failed to demonstrate that it had taken into account all relevant factors in reaching its decision not to classify the Island as a separate Level 2 area in the NUTS system of statistical classification. The Commission had been requested to reconsider the matter. The Commission duly complied and concluded that there were no grounds for amending the original decision. In April 2001 the Council lodged a further complaint with the Ombudsman alleging that the Commission had supplied incorrect information to the Ombudsman during his investigation into the original complaint. In February 2002 the Ombudsman issued his decision on this further complaint finding that there was to be no case of maladministration to answer. The Portfolio Holder informed members the Ombudsman did comment that the matter could be pursued by presenting a petition to the European Parliament, which was able to take political and moral arguments into account as well as legal ones. The benefit of obtaining Level 2 status would attract significant EU funding to support economic development and regeneration activities. The Economic Development, Planning Tourism and Leisure Services Select Committee supported the submission of a petition.

RESOLVED :

THAT the submission of a Petition to the European Parliament in pursuit of the Island claim for NUTS Level 2 status be approved.

(b) Exemption from Standing Orders

The Executive discussed authorising an exemption from Contract Standing Orders so that a contract could be entered into with Solo Agency Limited in respect of the Isle of Wight Festival launch concert. The value of the contract was over the limit at which Standing Orders would require competitive tenders to be obtained. Tenders for this contract had not been invited as the market was restricted and because of the short time-scale for organising the event, which had only been possible to achieve with the help of Solo. In compliance with Procedure Rules the Chairman of the Council had agreed, after taking advice from the Monitoring Officer, that both the decision proposed was reasonable in all circumstances and to it being treated as a matter of urgency. The matter would be reported to the next meeting of the Council, outlining the reasons for the urgency.

RESOLVED :

THAT an exemption from Standing Orders as to contracts be authorised in respect of the proposed contract with Solo Agency Limited and that Select Committee Procedure Rule 15 (I) be invoked in order to allow the decision to take effect immediately.

145. REVIEW OF MODERNISING AGENDA

At its meeting on 30 October 2001 the Executive established a Modernising Panel to review the Council’s Constitution (as adopted on 20 June 2001) and to make recommendations to the Executive on any amendments it felt appropriate. The Panel examined a wide range of issues as listed below: -

• The name of the Council

• The Number of members on the Council

• Area Committees

• Delegation to Portfolio Holders

• Non Executive members attending/speaking on agenda items at the Executive

• Public/member question time at meetings of the Council/Executive and Select Committees

• Appointments to outside bodies

• Code of practice for the Licensing Panel

• Liaison Committee procedure rules

• Overarching Scrutiny Panel

• Shadow Representatives

• Executive, Select and Regulatory Committees minutes going to Full Council

• Appointment of Political Assistants

• Select Committee procedure rules

• Petition

• Contract standing order

• Procedures for the Development Control Committee

The Executive considered the recommendations of the Modernising Panel.

RESOLVED TO RECOMMEND TO FULL COUNCIL :

THAT the Constitution of the Council (as adopted by the Council on 20 June 2001) be amended as follows :

(a) THAT the Executive Procedure Rules be amended by the addition of the following under “How are Executive Meetings Conducted?”:

Rights of non-Executive Members to speak at meetings of the Executive.

(i) Non-Executive Members wishing to speak on an item on the Executive agenda should give notice before the commencement of the meeting;

(ii) The Local Member on an issue directly affecting their Electoral Division will have the opportunity to speak at the beginning of the debate (regardless of whether prior notification has been given in accordance with (I) above);

(iii) That in addition to (i) and (ii) above for each item considered by the Executive there shall be a period of 7 minutes during which non-members of the Executive may speak on the item.

[This requirement only applies to the Executive – the Chairmen of all other committees have the discretion to allow non-members to speak on an item under consideration.]

(b) That Council Procedure Rule No. 9 (Questions by Members of the Public) be amended as follows:

Para 3 (Notice of questions) to read:

“To guarantee a reply at the meeting, members of the public are requested to submit their questions, by delivering it in writing or by electronic mail, to the Proper Officer no later than 48 hours (not including weekends or bank holidays) prior to the start of the meeting. Each question must give the name and address of the questioner. Questions may be asked at the meeting without prior notice but in these circumstances there is no guarantee that a full reply will be given at the meeting.”

Para 6 (record of questions) to read:

“The Proper Officer will give a unique reference number to each question and enter this number and the question in a book open to public inspection. Rejected questions will include reasons for rejection. Copies of all questions will only be circulated to Members who have asked Committee Services for a copy of the questions. Following the meeting the answer will be recorded adjacent to the question in the book maintained by the Proper Officer. Minutes of the meeting will record who asked a question, the subject matter and the reference number of the question and answer.”

Para 7 (Asking the question at the meeting) to read:

“Committee Services will provide assistance on the process for asking questions at Council meetings to any person who requires it.”

“The Chairman will invite the questioner to put the question to the member named in the notice. If a questioner who wishes to ask a question (whether or not prior notice has been given) prefers, their local member can ask the question on their behalf. If the questioner is not present the Chairman may determine how the question will be dealt with.”

Para 1 to read:

“A Member may ask the Chairman of the Council or Members of the Executive, or Chairmen of the Regulatory Committees any question on any matter where the Council has powers or duties or which affects the Council. Any question submitted under this procedure must be restricted to questions on policy and budget and the Chairman shall have the discretion to rule a question out of order if it falls outside this definition.”

Para 3 to read:

“Subject to sub paragraph (6) below, a question must be submitted to the Proper Officer in writing 24 hours (not including weekends and bank holidays) prior to the start of the meeting at which the question is to be asked.”

(d) That Council Procedure Rule 25 (Procedure relating to Executive, Select Committee and Regulatory Committee Minutes at Council) be rescinded.

(e) That the Select Committee Procedure Rules be amended as follows:

(i) Procedure Rule 6 (Quorum) be amended by the deletion of the words “task group” as these are informal panels and do not require a quorum.

(ii) Procedure Rule 7(b)(Who Chairs Overview and Scrutiny Committee meetings?) to be amended to read:

“The Chairman shall preside at any meeting of the Committee. In the absence of the Chairman the Vice Chairman shall preside at the meeting. In the absence of both the Chairman and Vice Chairman, the remaining members of the Committee shall elect a Chairman for that meeting.”

(iii) Procedure Rule 15 © (Call-in) last line to be amended to read “within 5 working days of the decision to call-in."

(f) THAT the following new/revised documents be approved for inclusion in the Constitution:

(i) Appointments to Outside Bodies (as attached to Appendix 1 of the report)

(ii) Code of Practice for the Licensing Panel (as attached to Appendix 2 of the report)

(iii) Liaison Committee Procedure Rules (as attached to Appendix 3 of the report)

(iv) Contract Standing Orders (as attached to Appendix 4 of the report)

(g) THAT the Council itself consider the following two matters which are referred without comment:

(i) An overarching Scrutiny Committee ( as attached to Appendix 5 of the report was considered by the Liaison Committee who did not support the proposal)

(ii) The formal establishment of role of Shadow Representatives.

(h) THAT the Council adopts a policy whereby petitions are received by the relevant portfolio holder who shall determine what action should be taken following the receipt of a petition.

(i) THAT subject to clarification of the cost of the exercise, a Peer Review of the Council be undertaken at a time that would most benefit the Council, the view of the Panel being that such a review should be held during the first six months of 2003.

(j) THAT for the time being no further work be undertaken by officers on the following matters:

(i) Changing the name of the Council

(ii) Changing the number of members on the Council

(iii) Area Committees

(iv) Appointment of Political Assistants

146. PORTFOLIO HOLDER FOR RESOURCES

(a) Select Committee Support

Consideration was given to the establishment of a permanent post of Head of Select Committee Support following the recommendation of the Resources Select Committee on 24 January 2002. The Select Committee believed that this was a necessary part of the senior management structure and that the postholder’s remit should also include overview responsibility for the Best Value process. The intention was to advertise the post and appointment to be made through open competition. Although it was possible to delay the recruitment and selection process until such time as the senior management restructuring had been completed, the post of Head of Select Committee Support could be considered to be a suitable alternative job opportunity for an employee at risk of redundancy.

RESOLVED :

THAT a new permanent post of Head of Select Committee Support be established and to advertise the post as necessary.

(b) Waiving Standing Orders for the Contract to Administer the Citizens’ Panel

The contract for the Citizens’ Panel was due to end in March 2002. The panel had been used for the past two years as part of its consultation strategy in particular to best value reviews. Members gave consideration for standing orders to be waived in respect of tendering the contract to administer the Citizens’ Panel. Advice was given that the existing contractor (MORI) successfully went through the full tender process in April 2000 and won the contract. The work required over the next two years would build on that already undertaken and to extend the current arrangements would maintain continuity. A full re-tendering process would mean cancelling or delaying the ongoing consultation process by some months and in turn could delay the Best Value Review process.

RESOLVED :

THAT the contract with the existing provider be renewed for a further two years, on the understanding that a complete tender process would be undertaken for the following period, and that this would need to be scheduled to begin by September 2003

The Portfolio Holder presented the report on the capital expenditure bids and capital resources for the 2002/03 financial year. The report had been scrutinised by each of the Select Committees and their recommendations reported to the Executive. The Executive considered those recommendations together with the recommendations of the Director’s Group. Members were informed that the forthcoming financial year saw the implementation of the Governments Single Capital Pot. Although this meant that the allocation would not be ringfenced and the Council had discretion to use it as it chose, service plans as submitted to individual Government Departments meant that the Council would be inhibited in the use of it’s discretion if it were to maintain current levels of Annual Capital Guidelines.

RESOLVED :

(i) THAT the Education Annual Capital Guideline be as agreed in accordance with the programme recommended by the Select Committee

(ii) THAT Officers proceed with a Housing Investment Programme consistent with the Housing Annual Capital Guideline and the recommendations of the Select Committee, and that further investment in housing be considered in due course having regard to available resources

(iii) THAT the Annual Capital Guideline of £123,000 relating to Social Services be used in accordance with a programme to be determined by the Strategic Director for Social Services and Housing

(iv) THAT the bids contained in Appendix D attached to the report be approved, in accordance with the recommendations of the Director’s Group

(v) THAT the sum of £50,000 earned in respect of Capital Strategy and Asset Management Plans be reinvested in systems for the future progression of such matters, and be delegated to Director’s Group for implementation and subject to normal IT procurement procedure

(vi) THAT the acquisition of plant and equipment by operating lease be considered where it was cost effective to do so and where sufficient revenue resources existed to fund the leasing premiums and any other associated costs

147. VENTNOR REGENERATION - VENTNOR HARBOUR SCHEME

Members were updated on the progress of the Ventnor harbour scheme and discussed funding and procurement arrangements. It was noted that significant progress had been made to the completion of the necessary environmental studies since the matter had last been discussed by the Executive. A planning brief had now been prepared for the Eastern Esplanade after a major public consultation exercise. The regeneration of the Eastern Esplanade, including appropriate harbourside facilities, was an important component of the overall scheme and the Executive noted the contents of the brief which would be the subject of further consultation.

Information was given regarding funding for the project. A bid totalling £1,225,000 had been approved as part of SRB II. In 2000 / 01 the Council approved a sum of £250,000 towards the project and a bid of £175,000 for further funding for the harbour was to be made available as a first call on capital for the financial year 2003 / 04. In addition to Council funding, £200,000 would to be sought from DEFRA as the coast protection contribution to the harbour scheme.

Members were reminded that at the Executive held on 17 August 2000, the need to re-invest income generated from the long lease of sites on Ventnor Eastern Esplanade was highlighted. The Property Services Manager regarded a £100,000 contribution to the harbour scheme as realistic in the short to medium term. It was noted that the harbour and the Eastern Esplanade were essential components of the overall regeneration scheme. Without the harbour proposal, the Esplanade would not benefit from such regeneration opportunities and this would lead to a reduction in lease values.

Members were advised that the formation of a partnership was now widely accepted as the most appropriate method of procurement since it was more likely to deliver a better balance of risk between the Council and its contractor.

RESOLVED :

(i) THAT the sum of £175,000to the project from the 2003 / 4 capital programme be approved

(ii) THAT the projected income from long leases of land on the Eastern Esplanade be re-invested in the harbour scheme; and that expenditure on the harbour project of up to £100,000 based on projected land leases up to 31 March 2004 be approved

(iii) THAT the submission of an application to DEFRA for coast protection grant aid be approved

(iv) THAT the consultation programme and the planning brief for the Eastern Esplanade be agreed and noted.

(v) THAT the partnering approach be approved, in principle, subject to the approval of the Strategic Director of Finance and Information of the final proposal.

148. PORTFOLIO HOLDER FOR TRANSPORT

(a) Local Transport Plan - Highway Capital Programme 2002/2003 and Review of Programme 2001/2002

Consideration was given to the Highway Capital Programme for 2002/2003. The Local Transport Plan highway capital settlement for 2002/2003 was confirmed as £6,782,000. This was the first time that funding had been included as part of the Council’s Annual Capital Guideline in the Single Capital pot. This meant that in order to take full advantage of the settlement, the amount would need to be spent by 31 March 2003. This highlighted the problems in designing, implementing and supervising highway schemes and it was essential that a spending strategy be agreed which allowed the full settlement to be spent whilst representing good value for money.

As a large proportion of journeys were made on the strategic principal road network and in particular between Ryde, Newport and Cowes, it was necessary that these roads were maintained to a good standard and should be treated as a priority. In line with the objectives of the Local Transport Plan footways, kerbs, road markings, signing, street furniture and bus shelters along these routes would also be upgraded. Disruption would be kept to the minimum as the majority of works would be undertaken at night and on Sundays. Members believed that communication with the local member when works were scheduled was essential.

Members were advised that partnering was becoming the accepted method for obtaining quality services and continuous improvements. It was suggested that the Council moved towards the implementation of this type of procurement where appropriate.

Members were informed that certain traffic and safety schemes had not been included because of the long “lead in” time required. However £300,000 could be used to design schemes for the following two financial years. It was appreciated that there would be a degree of slippage in the works scheduled for the following year so that if circumstances allowed, provision would be made for the replacement of the Wightbus fleet.

Advise was given regarding a number of amendments in the original programme for 2001/2002 made by the Head of Service which were made to reflect changing circumstances during the year. The most significant were in respect of budgets for the planing and resurfacing contracts and to North Walk in Ryde, where funding had increased due to a change in contractors. These adjustments had been contained within the overall total as other schemes had slipped.

Members discussed that in order to expedite the first of the strategic corridor improvements, flexibility be given to the Head of Service and the Portfolio Holder for Transport to manage the programme within the financial total available to maximise resources to deliver the highways capital programme.

RESOLVED :

(i) THAT the Highway Capital Programme for 2002/2003 as outlined in the report be approved

(ii) THAT the Head of Service and Portfolio Holder for Transport be authorised to decide priorities for Islandwide Public Transport Infrastructure Improvements and Pedestrian Improvements and to approve the detail of expenditure within each of the strategic corridors

(iii) THAT responsibility for delivery of the programme, both the projects remaining from 2001/2002 and the 2002/2003 programme put forward, be delegated to the Head of Service and the Portfolio Holder for Transport within the broad themes identified in the report and within the financial levels indicated

(b) Select List of Contractors and Consultant Engineers

The Portfolio Holder advised that in accordance with Standing Orders, advertisements had been placed in the appropriate publications for interested contractors and consulting engineers to apply for inclusion in the Highway and Transportation select list .Interested parties had completed the corporate questionnaire and submitted all relevant supporting documentation. Each company had subsequently been assessed with regard to their financial standing, health and safety record and previous experience. Out of a total of thirty-eight contractors and forty consultant engineers, thirty-five and thirty respectively had met the criteria. The Select List would save on resources and expenditure for advertising on an individual basis.

RESOLVED :

THAT the list as attached to the report as Appendix A and B be accepted and be implemented with immediate effect to run for a period of three years.

149.

HAMPSHIRE AND ISLE OF WIGHT LEARNING AND SKILLS COUNCIL

REVIEW OF POST 14 EDUCATION AND TRAINING ON THE ISLE OF WIGHT

Members were informed that the Local Learning and Skills Council for Hampshire and the Isle of Wight (LLSC) established a Task Group to consider planning and resourcing Post 14 education and training on the Isle of Wight, and to put forward recommendations for consideration by the LLSC and the Local Education Authority (LEA). The task group then commissioned KPMG to undertake a review and assessment of the Isle of Wight’s Post 14 educational and training needs. The report had been considered by the Education, Community Development and Lifelong Learning Select Committee who noted that the Strategic Director would institute formative and formal consultation with schools and other bodies.

RESOLVED :

(i) THAT the establishment of a Tertiary Strategy Group in partnership with the Local Learning and Skills Council as contained in the report of the Isle of Wight Fourteen-Plus Task Group be approved

(ii) THAT the view on the increase in membership as discussed by the Select Committee be noted

CHAIRMAN