PAPER A1
MINUTES OF A MEETING OF THE COUNCIL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON WEDNESDAY, 11 APRIL 2001 COMMENCING AT 10.00 AM
Present :
Mr V J Morey (Chairman), Mr B E Abraham, Mr R R Barry, Mr A C Bartlett, Mr M G Barton, Chevalier J A Bowker, Mr P H J Breach, Mrs T M Butchers, Mr C B W Chapman, Mr A C Coburn, Mr M J Cunningham, Mr N E Devall, Mr J Effemey, Mr E Fox, Mrs D Gardiner, Mr P G Harris, Mrs A E Hewitt, Mr A D Hollands, Mr O C Huggins, Miss H L Humby, Mrs M A Jarman, Mr G S Kendall, Mr D J Knowles, Mrs B Lawson, Mrs A Leigh, Mr J Manners, Mr R G Mazillius, Mrs M J Miller, Mr A J Mundy, Mr G A Nichols, Mr K Pearson, Mr H Rees, Mrs L E Rogerson, Mrs S A Smart, Mr J Spence, Mr R A Sutton, Mr A A Taylor, Mr P R Tuck, Mrs J L Wareham, Mrs C T G Webb, Mr G Wilson, Mr D T Yates
Apologies :
Mrs B E Foster, Mr P A Fuller, Mr M O Morgan Huws, Mr P A Nightingale, Mrs J White
Members of the Public : 17
RESOLVED :
THAT the Minutes of the meeting held on 14 March 2001 be confirmed.
142. PRESENTATION
A cheque for �500 was presented to Mick Poole for the Isle of Wight Youth Trust. The money had been raised at the Chairman's dinner held on 29 March 2001.
143. PUBLIC QUESTION TIME
(a) Mrs Swan asked the following question of Mrs Smart, Leader of the Council :
'Members of the public have become concerned that, when they expose failures in provision or expected standards of service, officers employed by this Authority may have behaved in such a way as to suggest that they have attempted to prevent Councillors giving proper attention to the matters involved.
Officers are paid through funds provided by members of the public and it would be a matter of grave concern if there were any suggestion that publicly funded officers abused their position by attempting to prevent proper scrutiny by private individuals and their elected representatives.
Will the Council give an assurance that no such conduct will be permitted in the future?'
Mrs Smart gave the following reply :
'Thank you for your question and I understand your concern.
Might I suggest that you write to the Chief Executive or the Director of Corporate Services, as Monitoring Officer, if there is a specific case which is causing you concern and then it can be carefully investigated.
Certainly I would want to ensure as best as we are able that officers behaved properly at all times and if Mrs Swan has any evidence to the contrary, then I hope she will let the officers - or if she prefers, myself - have it.'
(b) Mr Shirley asked the following question of Miss Humby portfolio holder in respect of Tourism :
'Does the Council accept that the purpose of Tourist Information Centres is to supply the best possible information to tourists, and will the Leader confirm that her reply of 14th March to the effect that all leaflets from legitimate attractions will be welcome in our TIC's? In her reply the Leader referred to a decision made on the 13th March by the ITIA Committee. At that time both she and I understood that the ITIA decision included leaflets. In fact it referred only to our Variety Island magazine for which I have now received a purchase order. Will she therefore confirm that the Council's policy now follows that of every other tourism body in England, namely that all leaflets may be displayed in our TIC's without charge.'
Miss Humby replied as follows :
'As had been previously stated, the Isle of Wight Council works in partnership with the Island Tourist Industry Association (ITIA) to promote tourism on the Island.
All products and services currently managed by Isle of Wight Tourism are offset to varying degrees by commercial revenue. Tourist Information Centres are no exception. However, free, unbiased tourist information is offered at all 7 TIC's for all recognised Island facilities, including your own, Mr Shirley, the Model Railway at Fort Victoria.
Marketing and promotional opportunities are only available to members of Isle of Wight Tourism, (some 850 Island businesses, which represents one in three of all business and nine out of ten attractions). Racking and distribution of leaflets via TIC's is one such promotional opportunity. Currently, more than 30 attractions are utilising this service successfully and will distribute many thousands of leaflets this year.
Mr Shirley, if you wish to see your own promotional leaflets displayed in the 7 TICs, can I urge you please to simply renew your membership of Isle of Wight Tourism, which together with the promotional charge, will cost your business no more than �9.50 + VAT per month, which I believe to be excellent value for money.
On the subject of "Variety Island", your Association's publication for which you will be charging visitors �1, a purchase order has already been issued so that this may be sold through the TIC network and as a paid for publication represents no change of policy on behalf of the Isle of Wight Council.
Finally, I would like to record my disappointment that these matters are not being progressed via the Island Tourist Industry Association Executive, which meets with Isle of Wight Tourism on a monthly basis to resolve these sorts of issues. Alternatively, if the matter requires further consideration, can I suggest that it is directed towards the relevant Select Committee.'
144. REPORT OF THE LEADER
The Leader updated Members on the recent land movements affecting the Shanklin Cliff area and the Undercliff at Ventnor.
145. RECOMMENDATIONS FROM THE EXECUTIVE
(a) Corporate Objectives 2001-2002
Members were advised that each of the Select Committees had considered possible Corporate Objectives for the next two years. The results from all the Select Committees were discussed at a recent Member development day when a number of amendments were suggested.
RESOLVED :
THAT the Council's Corporate Objectives for 2001-2002 be as follows :
(i) To care for vulnerable and disadvantaged people;
(ii) To raise standards of achievement, encourage learning and promote opportunities for all;
(iii) To develop the knowledge and skills needed for employment opportunities;
(iv) To protect and enhance the health, safety and environment of the Island and its people;
(v) To develop the Island's transport network for the benefit of local people;
(vi) To support and develop Council staff to manage the Council's property and resources efficiently and effectively
(vii) To promote tourism, economic, leisure and cultural development.
(b) Directorate of Education and Community Development Strategic Plan 2001-2004
Members received the Directorate of Education and Community Development's Strategic Plan for 2001-2004. This was aimed to provide a link between the Council's Corporate Plan and the individual Service Plans within that Directorate.
RESOLVED :
THAT the Strategic Plan for the period 2001-2004 be approved.
146. BEST VALUE FUNDAMENTAL REVIEW OF CONTROL AND COMMUNICATIONS
(Mrs T M Butchers declared a non pecuniary interest in this item and took no part in the discussion thereon).
Members discussed the report of the Chief Fire Officer on Best Value Fundamental Review of Control and Communications.
The portfolio holder for Fire and Emergency Planning gave a brief overview and Members discussed various aspects of the report. There was a positive message from consultees and Members that the service should continue to be provided by the Isle of Wight Fire and Rescue Service Fire Control Centre located at Newport Fire Station.
RESOLVED :
(i) THAT the Council will do everything within its power to make sure that the Isle of Wight Fire and Rescue Service retains its full independence, and that its functions, including the control room, continue to be run for the Island, from the Island.
(ii) THAT officers be instructed to write to the Secretary of State advising him that this Council is committed to running Island services from the Island, for the Island and will do all within its powers to prevent the Government and its agencies from undermining the wish of this Council and the Islanders to run their own affairs from the Island.
(iii) THAT the improvements listed in the Improvement Plan for Option 1 be pursued subject to any items that required additional funding only being progressed if funds are available from the sum approved for Best Value initiatives and Information Technology in the budget.
(iv) THAT Members endorse that the Control and Communications Fundamental Review has been exposed to all reasonable aspects of Best Value.
(v) THAT the Best Value Review be identified as a key decision.
147. UNITARY DEVELOPMENT PLAN - OBJECTIONS TO PROPOSED MODIFICATIONS
(Mr R G Mazillius declared a non pecuniary interest in this item and took no part in the discussion thereon).
Members were advised that the six week statutory consultation stage for the proposed modifications had finished. 24 objections had been received, together with 8 statements of support. GOSE had subsequently withdrawn their objections.
RESOLVED :
(i) THAT the recommendations of the Planning Committee be agreed.
(ii) THAT the objections to the proposed modifications raise no new issues that require a second enquiry.
(iii) THAT the objections do not necessitate the need for further modifications to the plan.
(iv) THAT the Council advertise its intention to adopt the UDP, followed 28 days later by advertisement of the Notice of Adoption.
148. NOTICE OF MOTION - STANDING ORDER NO 7
The Council considered the following motion as submitted by Mr P G Harris :
THAT this Council re-affirms its confidence in the comprehensive system which has served the Island so well and asserts its determination to further support Island schools to enable them to develop and improve so as to ensure that all Island children have the opportunity to achieve their potential.
During the course of the debate several amendments were proposed following which it was :
RESOLVED :
THAT this Council congratulates all Governing Bodies, Heads, Teaching and Support Staff of our comprehensive system, for taking advantage of the specialisms and other quality incentives and encourages them to develop and improve, particularly in the field of practical training, so as to ensure that all Island children have the opportunity to achieve their potential.
149. QUESTIONS TO THE SPOKESPERSONS
Questions to the Leader
(a) Mr Bartlett asked in a written question to the Leader if she agreed with him that the Council had to find an acceptable solution to the ongoing dispute with Ray Clarke.
Mr Bartlett had received a four page letter of complaints from Mr Ray Clarke. He thought the Chief Executive had passed the matter to David Jaggar to investigate and Mr Jaggar had arranged a meeting with all those involved with the intention seeking a way forward to clear any problems.
Mr Clarke indicated that until he had obtained a letter from Tony Geeson that had been outstanding from 20 October 2000 together with other correspondence he wanted clarifying he would not attend a meeting. The Chief Executive indicated that enough time had been spent on the dispute with Mr Clarke, but Mr Bartlett would not accept that point.
Mr Bartlett believed that those kind of disputes could not be dismissed and asked the Leader if she agreed that they should be finalised. Every effort should be made to clear this once and for all.
The Leader replied that it was a matter of regret that Mr Clarke had consistently declined to attend meetings. If he would like to set out his complaints, the Leader agreed to do her best to get replies for him. Mr Jaggar was addressing other outstanding issues. The Chief Executive reported that he understood that Mr Jaggar had only recently written to Mr Clarke responding to his questions.
(b) Mrs Miller asked in a written question to the Leader, as was reported in the national press, Mr Milburn had highlighted St Mary's Hospital for its number of cancelled operations. That, coupled with residents having to wait several days to obtain an appointment to see their GP, the wait to see a consultant and the further wait for the actual treatment, was causing great concern.
In East Cowes the pharmacy had displayed a notice advising people that there would be delays in filling prescriptions, simply because of the number of people on the local practice's books.
With the planned increase of housing in East Cowes and the Island generally, she asked the Leader if she could advise her if there was any action the Council could take to ensure that the local Health Trust and central government would provide extra finance to prevent further cancellations of operations and to give the standard of health care that Island residents deserved.
The Leader replied that she had been advised that the Trust was taking the current situation very seriously and was determined to reduce the number of cancelled operations which it had experienced in the past year. Additional resources had been allocated towards a Cancelled Operations Project which would contribute to the planned reduction of cancellations. Work was also being undertaken to look at the options for increasing bed capacity.
NHS funding was based on a national formula against which, at present, the Island's allocation was very favourable. Again the Leader had been advised that it was optimistic to assume that the Council could influence this in any way.
(c) Mr Mazillius asked the Leader if it was possible to check the disinfectant mats at the ferry terminals, as he was concerned as to their effectiveness.
The Leader replied that they would continue to be checked by the Emergency Planning Manager and further monitored over the Easter period.
(d) Mr Rees asked the Leader if she shared his disgust at the decision by the Government to charge 8�% interest to businesses affected by the Foot and Mouth crisis.
The Chairman replied that she was not fully aware of the situation but was concerned as to the amount of financial assistance currently being made available.
(e) Mr Hollands asked the Leader if she was aware that the matting at the ferry terminals did not take the width of coach wheels.
The Leader replied that she would ask the Emergency Planning Manager to check.
Questions to the Spokesperson for Resources
(a) Mr Spence asked Mr Barry what he thought of the new Isle of Wight Council web site and raised various matters in relation to this.
Mr Barry replied that if Mr Spence gave him the questions in writing then he would supply him with a written reply.
(b) Mr Mazillius referred to the sale of the Prince Consort, Ryde.
Mr Barry replied that a democratic decision had been taken.
Questions to the Spokesperson for Education and Life Long Learning
(a) Mrs Miller asked in a written question to Mr Harris if he would join her in congratulating all the Island schools that have taken part in the Global Rock Challenge?
This project took a great deal of time and effort on the part of parents and of course, the children involved and sent out the worthwhile message of staying drug-free to all the participants.
The Council provided a prize for the events and some sponsorship to the schools but these events were costly, not only in the cost of production but primarily in travelling to the events. These always have to be held on the mainland as unfortunately the Island did not have a large enough venue. It was hoped, therefore, that the Council could try to persuade the schools to have a preview show on the Island, so that friends, families, councillors and any other interested parties could see the splendid work that was produced by Island children.
Recently, I had seen one of the heats at Portsmouth and felt very proud when Medina and Watergate Schools got a standing ovation and Osborne came third overall. In an age when children were often castigated for being thoughtless, idle yobs, I feel that it is time to redress the balance and congratulate every one of them for their hard work and inventiveness.
Mr Harris replied that he would certainly join in the congratulations to those Island schools which participated in the Global Rock Challenge.
Several years ago a show case event was arranged at Medina High School for the three teams that were involved. Due to the number of performers now involved there was no theatre on the Island able to provide the necessary facilities required. The main opportunity for broadening access to the performances lies with schools. It was the intention of the Director to encourage schools next year to put on evening events for their local communities. This would follow on from Cowes High School's initiative this year when it gave a number of performances throughout one day and evening.
(b) Mr Effemey asked Mr Harris why Barton Hall could not be used for the event.
Mr Harris replied that he would ask about the size of the venue used and compare sizes.
Questions to the Spokesperson for Transport
(a) Mr Abraham asked Mr Cunningham if a meeting could be called with the providers of Cable TV, as he felt that the reinstatement of roads they had worked on was appalling.
Mr Cunningham replied that there was a problem with the way in which the Company worked and the standards they performed to. There was ongoing monitoring of the situation but he would speak with the Head of Highways.
(b) Miss Humby asked Mr Cunningham if he was aware that there were no buses running through Yaverland over the Easter period, would it be possible to utilise Wightbus.
She also expressed concern at the roads works that were due to be done over the holiday period, would it be possible to speak with the utilities about this.
Mr Cunningham replied that he would pass the request for the use of Wightbus Services on to the Director of Environment Services. As to the road works, these had been held up due to adverse weather conditions.
(c) Mrs Lawson asked Mr Cunningham why Mr Taylor and Mr Matthews had not contacted her with reference to site visits in her area.
Mr Cunningham replied that it was due to the pressure of work.
(d) Mr Barry asked Mr Cunningham if he recalled that at the last meeting of the Council it had been resolved that Southern Vectis would be asked to reroute the evening and Sunday service on the Ryde, Bembridge route funded by the Isle of Wight Council subsidy and rural bus grant be routed via Nettlestone.
Mr Cunningham replied that he recalled the decision but was unable to say if it had been implemented yet.
(e) Mr Fox asked Mr Cunningham why members of the Environment and Transport Select Committee had not been invited to attend a meeting of the Quality Transport Partnership.
Mr Cunningham replied that he was unaware that Mr Fox had not been invited.
Questions to the Spokesperson For Social Services and Housing
(a) Mrs Jarman asked Mr Nichols if he knew the level of monitoring and treatment of diabetics in the Councils Homes for the Elderly.
Mr Nichols replied that he would find out.
(b) Mrs Rogerson asked where were the vulnerable people supposed to go now that Social Services had withdrawn the officer from Madeira House, Freshwater.
Mr Nichols replied that the availability of the officer from Social Services was an interim measure only.
(c) Mr Kendall asked Mr Nichols if he felt it was unreasonable that lunches were delivered between 10.00 am and 11.00 am to the elderly by Meals on Wheels.
Mr Nichols replied that he would look into the matter and if Mr Kendall had any specific incidences it would be helpful.
Questions to the Spokesperson for Fire and Emergency Planning
Mr Spence asked Mr Sutton if he was aware that the disinfectant mats at the ferry terminals were not wide enough to cover the tyre circumference of coaches coming onto the Island.
Mr Sutton replied that he would speak to the Emergency Planning Manager, but they were doing the best they could with the facilities available to them. Wightlink for example were broadcasting information about the disinfectant mats on all their sailing's.
Questions to the Spokesperson for Tourism and Leisure
(a) Mrs Leigh asked Miss Humby if she had visited the new skateboard park at Northwood Recreation ground.
Miss Humby replied that she had not yet had the opportunity to do so.
(b) Mr Sutton asked Miss Humby if play equipment came under her jurisdiction.
Miss Humby replied that she did not think so.
150. REPORTS BY CHAIRMEN OF THE SELECT COMMITTEES
The Chairmen of the Select Committees gave, where appropriate, an oral report of the work undertaken by their Select Committees.
151. MINUTES OF COMMITTEES UNDER DELEGATED POWERS
The Minutes of the undermentioned committees, consisting of decisions taken under delegated powers, were received :
Planning Committee - 13 March 2001 and 23 March 2001.
Licensing Committee - 16 March 2001.
Mr Effemey asked in written questions to Mrs Webb the following questions :
(a) 'Information fed to me from the Cowes IW Society gives disturbing reading. Although there is an enforcement notice to rectify unauthorised building work at Harbour House, Cowes, to date no correction is proceeding. Is there a completion date for this work to be done.'
(b) It is accepted that CP114 planning conditions are being absorbed by the Council, but is it wise practice to continue using the advice from private Geotechnical Consultants? Is the Chairman aware that a bungalow overlooking Cliff Road in Cowes is now practically worthless, because the Council allowed planning permission to a site developer who reduced the existing slope angle of repose, over which we the Council had no control, causing serious downward land movement?
(c) How many prosecutions have been made during the last two years due to Tree Preservation Orders being contravened.
Mrs Webb replied as follows :
(i) Planning permission and listed building consent were granted just over a year ago for relatively substantial works to this Grade II listed building. The works were not carried out in accordance with the approved plans and a retrospective application for listed building consent was refused by the Planning Committee at a meeting held in early December 2000 with a further resolution that enforcement action should be taken to ensure that alterations take place so that the finished scheme accords with the approved drawings. The compliance period would be three months from the date when the notice becomes effective.
Notwithstanding the authorisation for enforcement action, in accordance with national guidelines and local policy, there have been continuing negotiations with the owner of the property. These discussions have involved the Director of Environment Services and it has become apparent that there are areas of disagreement in terms of communication, prior to the work been carried out, between the property owner's agent and the Conservation Officer to a degree where the Director, in consultation with the Development Control Manager, decided that the serving of the listed building Enforcement Notice should be delayed until these issues have been resolved.
A meeting took place on site as recently as the 26th March 2001. The meeting was attended by the Director and the Conservation Officer. Following further consultations and discussion with the Planning Solicitor it is likely that the matter will be resolved in the near future but may need to be reported back to the Planning Committee.
(ii) I assume that the Member is referring to PPG14 which is the Planning Policy Guidance issued by central Government on dealing with development on unstable land. As an integral part of the development control process it is essential that the Council, as Local Planning Authority, continue to seek guidance and advice from a professionally qualified geotechnic engineer on proposals for development in parts of Ventnor, St Lawrence and the Undercliff as well as areas in Cowes, including Cliff Road, recently identified in a survey as being susceptible to land movement. We do not have this type of special expertise within the Council and it is invariably advantageous to have an independent view.
It is my understanding that the case referred to by the Member is now essentially a civil matter with the owner of the effected property employing the same geotechnic engineer who is employed by the Council to investigate land movement within the curtilage of Essex Cottage, Oak Bank and Villa Rothsay on the southern side of Cliff Road where there has been evidence of recent land movement. Planning permission for the development referred to by the Member was granted several years ago and was subject to a condition that a geotechnic report should be submitted and approved before any development took place on site. A report was received and agreed and had the developer/builder taken due regard of the advice contained in his own consultant's report then it is unlikely that the excavation work would have triggered the subsidence within the curtilage of the property known as the Spinney.
There are current planning applications on land to the east within the curtilage of Essex House and Oak Bank which will not be processed and determined until the Council is in receipt of the results of the survey work presently being undertaken by the consulting geotechnic engineer.
(iii) The Tree & Landscape Officer has been consulted on this issue and has indicated that there have been no prosecutions in respect of contravention of TPOs in the last two years. She has explained that there have been a number of contraventions which have been resolved by negotiation, sometimes involving new tree planting, or where the work carried out was not sufficiently serious to warrant prosecution.
152. 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 number 153, on the grounds that there is likely to be disclosure of exempt information as defined in paragraphs 1 and 11 of Part 1 of Schedule 12A of the Act.
153. DIRECTORS' PAY AND CONDITIONS
The Chairman of the Resources Select Committee outlined the background to the recommendations arising from several meetings of the Select Committee held to discuss Directors' pay and conditions. In considering the issues involved members debated the need to review the Directorate structure with a possible reduction from 5 to 4 Directorates.
An amendment to the recommendation arising from the Resources Select Committee was moved by Mr Barry and seconded by Mr Fox. The amendment was :
THAT the Chief Executive be instructed to rearrange the structure of the Council with a maximum of 4 Directors/Directorates and to undertake whatever management actions are necessary to effect such with the appropriate Directors in post.
Prior to the vote being taken on the amendment four members asked for a named vote to be recorded in the Minutes in accordance with Standing Order 13(3).
The voting for the amendment was as follows :
For (4) Councillors Barry, Fox, Mrs Smart, Spence.
Against (15) Councillors Abraham, Bowker, Mrs Butchers, Cunningham, Huggins, Miss Humby, Knowles, Mrs Lawson, Mrs Leigh, Mundy, Nichols, Rees, Taylor, Tuck, Mrs Webb
Abstentions (1) Councillors Barton, Chapman, Hollands, Mrs Jarman, Kendall, Mrs Rogerson
The amendment was lost.
Prior to the vote being taken on the original motion four members asked for the vote to be recorded in the Minutes in accordance with Standing Order 13(3).
Voting for the motion was as follows :
For (18) Councillors Abraham, Barry, Barton, Cunningham, Devall, Huggins, Miss Humby, Mrs Lawson, Mrs Leigh, Morey, Mundy, Nichols, Rees, Mrs Smart, Sutton, Taylor, Tuck, Mrs Webb
Against (9) Councillors Bowker, Mrs Butchers, Chapman, Fox, Hollands, Mrs Jarman, Kendall, Knowles, Spence
Abstentions (1) Councillor Mrs Rogerson
It was therefore
RESOLVED :
THAT the following be agreed :
(i) That the existing Directorate Structure be examined by the new Council and that the review be informed by appropriate external advice.
(ii) That the Director of Environment Services be retired in the interests of the efficiency of the service subject to a suitable successor being found through open advertisement for a Director with a built environment background and the Director of Environment Service's pension be enhanced in accordance with the Council's current policy.
(iii) That the Council's policy in relation to retirement and pension enhancements be reviewed.
(iv) That in the light of the Employers' Organisation recommendations a revised broad band grading structure be established for Director level posts with a new salary scale covering the minimum and maximum salary points of the previously proposed D2 and D1 scales respectively. The new scale shall comprise twelve incremental points with a mid scale bar point and progression through the scale shall be dependent upon satisfactory performance.
(v) That the current Directors be assimilated within the new grading structure from their respective restructure dates as recommended by the Resources Select Committee.
(vi) That the adjustment in the salary scale of the former Director of Social Services for the period 1 August 1999 to 19 October 1999 be agreed.
(vii) That the proposed grading and pay structure for Chief Officers other than Directors be considered by the new Council as part of the proposed structure review.
(viii) That the costs of the recommendations 4, 5 and 6 above be contained within existing budgets.
CHAIRMAN