THE "CALL IN"PERIOD FOR THESE DECISIONS EXPIRES AT THURSDAY, 8 NOVEMBER 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, 30 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, Mrs B Lawson, Mr M O Morgan Huws, Mr H Rees, Mrs J White

Also present non-voting :

Mr A C Bartlett, Mr M J Cunningham, Mr J H Flemming, Mr P D Joyce, Mr V J Morey, Mr A J Mundy, Mr A A Taylor, Mr A T Tiltman, Mr D G Williams

RESOLVED :

THAT the Minutes of the meeting of the Executive held on 16 October 2001 be approved as a correct record.

71. PUBLIC QUESTION TIME

Mr N Humpreys asked a question relating to Islecare (PQ33/01). A copy of the question and reply given is contained in the Public Question Register.

Mr R Jones from Registered Care Homes Association (IW), asked a question relating to Islecare.(PQ34/01). A copy of the question and reply given is contained in the Public Question Register.

72. THE LEADER OF THE COUNCIL

(a) Cowes Town Waterfront Trust

Members gave consideration to the level of representation from the Council on the Cowes Town Waterfront Trust. When the Trust was first established, the Isle of Wight Council and the former Medina Borough Council gave the Trust a grant and guaranteed a loan from the Royal Bank of Scotland. In recognition of this, and following local authority re-organisation, the authority appointed four Directors to the Trust. Over time the Council was released from its guarantee and changes to the Board had now meant that the Trust had suggested that the number of Directors be reduced to 6, plus an independent chairman, with the Council only nominating 2 of the 6 Directors.

RESOLVED :

THAT the Cowes Town Waterfront Trust's proposal to reduce the Council's nominations to the Board to two be accepted provided

(i) THAT the overall size of the Board is reduced to 6 with an independent Chairman

(ii) THAT whilst the skills of the Council's nominations requested by the Trust be noted and accepted, the Council is free to nominate whoever they feel appropriate

(iii) THAT any appointments by the Isle of Wight Council be for the period of being a Councillor or until the next Council elections, whichever is the earlier.

(b) Review of the Constitution

Members considered re-forming the Modernising Panel to review the Council's Constitution following the adoption of the current arrangements for the conduct of Council business in accordance with the Local Government Act 2000. The Panel would be expected to make recommendations to the Executive on possible amendments to the Constitution. Members were informed that political proportionality would apply.

RESOLVED :

THAT the Modernising Panel (of seven members) be re-formed to review the Council's constitution (as adopted on 20 June 2001) and to make recommendations to the Executive by the end of January 2002 on any amendments they feel appropriate.

73. PORTFOLIO HOLDER - RESOURCES

(a) Capital Programme

The Portfolio Holder for Resources presented the report in respect of capital expenditure releases for the 2001/02 financial year. A number of releases had been deferred from earlier in the year until a fuller implication of costs arising from the winter rainfall and storm damage had become clearer. However, in relation to Puckaster Farm members felt that they required further information before making a decision to release any monies in respect of its purchase.

RESOLVED :

(i) THAT the capital bids as presented in Appendix A in the report be approved, subject to (iv) below, with the exception of Puckaster Farm which would be the subject of a further report brought to the next meeting of the Executive.

(ii) THAT the capital bid of �40,000 in respect of the Ventnor Cricket Club project be approved.

(iii) THAT the release of a further �350,000 of capital receipts for the purposes of the Housing Investment Programme, subject to there being equivalent Housing Revenue Account capital receipts realisable prior to the end of the financial year be approved.

(iv) THAT the above bids be delegated to the Director's Group and Portfolio Holder for Resources, for prioritisation and implementation having regard to the timing of available resources.

(b) Boundary Wall, Land Adjacent to Rex Cinema Site, Ventnor

Members were informed that due to heavy rainfall last winter, ground movement had affected a boundary wall at the top of a cliff on land owned by the Council. Tenders were currently being sought for the removal of the wall. It was believed that the work to be carried out would qualify under the Bellwin rules, if completed by the end of November.

RESOLVED :

THAT removal of the wall at an estimated cost of �35,000 be approved.

(c) Proposed Land Acquisitions:

1. Proposed Newport to Sandown Cycle Way - Land Acquisition, Redway Farm, Merstone 2. Proposed Acquisition of Land At Newchurch County Primary School

1. The Executive considered the terms of the acquisition for the last section of land that would link the planned cycleway route that would link Newport to Sandown. Members remained committed to the Local Transport Plan which in turn could help to secure future sustainable transport funding.

RESOLVED :

THAT the land be acquired on the terms indicated in the report.

2. Members were reminded that the Council had entered into a twelve year lease of the land to site a mobile classroom to accommodate a growth in pupil numbers. The lease had now expired and although the Council were not automatically entitled to renew the lease the owner was willing to sell the freehold. The Portfolio Holder for Resources confirmed that the land was still required by the school.

RESOLVED :

THAT approximately 0.2 acres of land at Newchurch Primary School be acquired.

74. PORTFOLIO HOLDERS - RESOURCES AND SOCIAL SERVICES AND HOUSING

(a) Islecare 97 (Review)

The Portfolio Holder for Resources introduced the report which dealt with two matters raised by the Islecare Review Panel. The report confirmed that the lease granted to Islecare 97 Limited satisfied the "Best Consideration" test under Section 123 of the Local Government Act 1972 ie. that the value of the obligations and conditions undertaken by the leaseholder did represent a total value which was the highest that could be reasonably obtained. The Portfolio Holder for Resources stated that given all the information available, the lease arrangement that had been agreed, provided full market rental value and was "Best Consideration". Members examined the issues that the report raised including the level of rent that the Council could expect from the properties in the future and how this should be assessed.

RESOLVED :

(i) THAT the terms of the lease granted to Islecare 97 Limited in December 1996 represented best consideration under Section 123 of the Local Government Act 1972 be agreed.

(ii) THAT the Property Services Manager together with the Portfolio Holder for Resources should commence negotiations with Islecare 97 Limited for the review of rent in December 2002 and report back to the Executive the outcome of those negotiations.

(iii) THAT Islecare 97 Limited be asked to bring forward proposals to meet the Care Standards Act.

(b) 31 Carter Avenue, Shanklin and 39 Osborne Road, East Cowes - Lease and Surrender Islecare 97

Members considered the report which detailed the reasons for the inclusion of 31 Carter Avenue in the block lease to Islecare 97 and the surrender of 39 Osborne Road, East Cowes. The Strategic Director for Social Services and Housing indicated in the report that there was an urgent need for houses to be available to rent for social housing.

RESOLVED :

(i) THAT the Council incorporate 31 Carter Avenue, Shanklin, in the block lease to Islecare 97 and accept a surrender of 39 Osborne Road, East Cowes.

(ii) THAT 39 Osborne Road, East Cowes, be declared surplus to requirements and be sold at market value to a Housing Association on terms to be assessed by two independent valuers with details to be approved by the Portfolio Holder for Resources and the Strategic Director of Corporate and Environment Services and if terms could not be agreed, then the property would be sold by auction.

(c) Inver House, Bembridge

Members were informed that Inver House was a elderly persons home owned by the Council and leased to Islecare 97. The Company had wanted to extend the home some time ago and they had now approached the Council to see whether the Council would be prepared to sell or grant a long lease of the property.

RESOLVED :

THAT the Council enters into negotiations with Islecare 97 for the grant of a 125 year lease or freehold sale of Inver House, Bembridge, subject to conditions protecting the long term use of the property as a care facility, with details be brought back to the Executive for consideration.

(d) Polars, Staplers Road, Newport

Members considered the idea of proposals which were being worked up by several agencies for elderly residential care provision and new blind workshop facilities on the site.

RESOLVED :

THAT the Council consented to the three parties named in the report progressing a feasibility study for the redevelopment of Polars and land around the house for care and housing purposes, and that a future report on the outcome be reported back to the Executive.

(e) The Council's Shareholding in Islecare 97 Limited

The Portfolio Holder for Resources outlined the reasons for and against the sale of the 19% share the Council held in Islecare 97 Limited. Members were informed that in order to establish a basis for negotiation, it was proposed to seek independent professional advice as to the value of the shares.

RESOLVED :

(i) THAT the Council engage appropriate financial advisors to establish a valuation basis for negotiating the sale of the Council's holding in Islecare 97 Limited.

(ii) THAT following receipt of that advice to decide on whether to sell the holding and if so, the manner thereof, with a report back to the Executive.

75. PORTFOLIO HOLDER - FIRE AND EMERGENCY PLANNING

(a) Waiving Standing Orders for CCTV in Sandown, Newport and St Mary's

The Portfolio Holder for Fire and Emergency Planning outlined the reasons why standing orders relating to the tendering for contracts to install CCTV extensions in Sandown, Newport and St Mary's Hospital should be waived. These centred on the fact the work would build on the existing system which was subject to on going maintenance contracts, that the preferred contractor went through the full tendering process last year, that the consultants believed the contractor to be still competitive and that the contractor was familiar with the current system.

RESOLVED :

THAT standing orders be waived to enable a negotiated tender to be accepted for the installation of CCTV in Sandown, Newport and St. Marys.

(b) Annual Community Fire Safety Plan 2001/02

Members were advised of the content of the third Annual Community Safety Plan 2001/02 and that prevention of fire was playing an ever increasing role in the fire service.

RESOLVED TO RECOMMEND TO COUNCIL :

THAT the Council be recommended to adopt the third Community Fire Safety Plan, which mapped out the efforts of the Brigade to reduce fires, deaths and injuries from fire within the community.

76. REGISTRATION OF THE ISLE OF WIGHT COUNCIL MUSEUMS

The Portfolio Holder advised members that the registration of the Council's museums expired in 2001. Members were asked to approve a revised Acquisitions and Disposal Policy and Collections Management Plan, which would qualify the Museum Service for Registration Phase II.

RESOLVED :

(i) THAT the Museum Service's Acquisitions and Disposal Policy 2001-2006 be approved.

(ii) THAT the Collections Management Plan 2001-2004 and its contained mission and aims for the Museum Service be approved.

(iii) THAT the submission of an application to Register the Council's museums under Phase II of the Resource Scheme be approved.

77. PETITION TO HOLD A PUBLIC INQUIRY INTO FOOT AND MOUTH DISEASE

Members considered a request from the National Farmers Union to support a petition calling for a Public Inquiry into the handling of the Foot and Mouth outbreak this year. The Executive agreed that a copy of the petition would be placed in the Members Lounge so individual members could add their name and this would be sent together with a letter of support from the Council. Members discussed the merit of requesting the relevant Select Committee to look into the measures that had been taken on the Island and the effects of these measures had had on the wider community with a view to understanding what, if any, lessons could be learnt. It was also suggested that the taskforce set up by SEEDA set up to look into the issues of foot and mouth on a regional basis be fed into the Select Committee.

RESOLVED :

THAT the request by the National Farmers Union to support a petition calling for a Public Inquiry into the handling of the Foot and Mouth outbreak this year be supported and that the relevant Select Committee be requested to look at measures taken and the effects of these measures on the wider community.

78. MEMBERS' QUESTION TIME

Mr B Bartlett asked a question relating to Islecare (MQ15/01). A copy of the question and reply given is contained in the Members Question Register.

CHAIRMAN