MINUTES OF A MEETING OF THE COUNCIL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON WEDNESDAY, 15 SEPTEMBER 2004 COMMENCING AT 9.30 AM

Present :

Mrs M A Jarman (Chairman), Mr B E Abraham, Mr J R Adams, Mr R R Barry, Mr A C Bartlett, Mr J A Bowker, Mrs T M Butchers, Mr C B W Chapman, Mrs B D Clough, Mr J Effemey, Mr J H Fleming, Mr E Fox, Mr C M Gauntlett, Mr C R Hancock, Mr P G Harris, Mr J F Howe, Miss H L Humby, Mr P D Joyce, Mr G S Kendall, Mr C H Lillywhite, Mrs M J Lloyd, Mr R G Mazillius, Mr V J Morey, Mr M O Morgan Huws, Mr A J Mundy, Mr K Pearson Mr H Rees, Mr R C Richards, Mrs S A Smart, Mr R A Sutton, Mr A A Taylor, Mrs J L Wareham, Mrs J White, Mr J A M D Whittaker and Mr D G Williams

Apologies :

Mr A C Coburn, Mr M J Cunningham, Mrs B E Foster, Mrs D Gardiner, Mr D J Knowles, Mrs B Lawson, Mr A J Mellor, Mrs M J Miller, Mrs E Oulton, Mr G P Price, Mr I R Stephens, and Mr D T Yates

Before the commencement of the meeting the Chairman congratulated the Chaplain on being awarded his recent Doctorate.

42. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 21 July 2004 be confirmed, subject to the correction of the spelling of “Councillor” in the last line of para (iii) on page A-7.

43. PUBLIC QUESTION TIME

Questions were put to the Chairman as follows:

Mrs A Fauzy-Ackroyd concerning TETRA masts (PQ29/04).

Mr J Ackroyd also concerning TETRA masts (PQ30/04).

Mr S Lee also concerning TETRA masts (PQ31/04).

Mrs J Thwaites also concerning TETRA masts (PQ32/04).

44. CHAIRMAN’S REPORT

The Chairman reported on a number of Royal Visits to the Island, the twining visit from Ostholstien and that arrangements were being made to honour the successful Island Olympians.

45. SUSTAINABLE ENERGY FOR THE ISLAND AND THE FORMATION OF A RENEWABLE ENERGY DEVELOPMENT COMPANY

Derek Rowell, Strategic Director Environment Services and Ben Madden from Element Energy, gave a presentation on “Sustainable Energy for the Island and the Formation of a Renewable Energy Development Company”

Following the presentation, the Portfolio Holder for Sustainable Development, Environment and Planning Policy moved a motion for debate.

The motion was seconded and a debate took place, during which several issues were raised: in particular that the Council is committed to developing and improving upon sustainable energy resources to the benefit of the Island.

Following the debate it was:

RESOLVED :

THAT the Isle of Wight Council recognise the potential benefits of the formulation of an Isle of Wight Low Carbon Company as the most effective way to meet the aims of the Renewable Energy Strategy and asks the Executive to consider the possible formation in detail.

46. TETRA MASTS

Dr Paul Bingham, Director of Public Health, Isle of Wight Primary Care Trust gave a brief presentation, following which Dr Bingham addressed questions asked by members of the Council and members of the public.

Following this the Chairman of the Fire and Public Safety Select Committee moved a motion for debate.

The motion was seconded and a debate took place and several issues were raised; in particular, the benefit that all research brings to the Council regarding this matter and the responsibility the Council has to ensure the well being of the public. During the debate the mover and seconder of the original motion agreed to an additional resolution being added relating to a report back on the findings of the International Agency for Research into Cancer (IARC) Interphone study once they were available.

Following the debate it was:

RESOLVED :

THAT this Council :

(i) Notes that the available evidence of health and safety implications from Tetra masts/base stations is neutral.

(ii) Notes also the continued level of public concern about those health and safety implications.

(iii) Calls on the National Radiological Protection Board to issue an authoritative statement on the possible health effects of Tetra in the light of any significant developments since the Stewart Report of 2000, or in the future.

(iv) That a further report be received from Dr Bingham based on the first results of the International Agency for Research into Cancer Interphone study as soon as they are available.

(v) Refers the 8 substantive recommendations of the report by Dr Bingham to the Fire and Public Safety Select Committee with the following terms of reference:

To receive advice and information from some or all of :

(a) The Portfolio Holder for Fire, Public Safety and Consumer Protection.

(b) The Portfolio Holder for Sustainable Development, the Environment and Planning Policy.

(c) The Head of Planning Services.

(d) Representatives of the Tetra Industry.

(e) School Governing Bodies.

(f) The Head of Property Services.

About how the recommendations from Dr Bingham can be actioned and in order to make recommendations to one or more of :

(1) The Executive.

(2) Portfolio Holders.

(3) Tetra Operators.

(4) School Governing Bodies.

47. COUNCIL’S CONSTITUTION

The Council considered a report submitted by the Deputy Leader on the deliberations of the Corporate Governance Working Party and a number of proposed changes to the constitution designed to improve the constitutional arrangements of the Council. The Deputy Leader moved, and it was seconded, that the Council accept the recommendations made in the report.

During the debate it was agreed that recommendation (iii) be amended by the substitution of the words “Chief Executive Officer” for “Head of Legal and Democratic Service” so as to ensure changes were undertaken with adequate consultation.

There was further discussion on some of the paragraphs in Appendix 4 (“Code of Practice for Councillors and Officers Dealing with Development Control Matters”) and an amendment was moved and seconded suggesting that this section be referred back for further consideration. Following debate on the amendment it was

RESOLVED :

THAT the following be added to the original motion:

“THAT Appendix 4 (“Code of Practice for Councillors and Officers Dealing with Development Control Matters”), particularly paras 11 and 20-22, be referred back for further consideration.”

Following further debate it was

RESOLVED :

THAT:

(i) Each of the changes to the constitution set out in paragraphs 9 and 16-19 of the report be adopted.

(ii) The further work set out in paragraphs 10 to 14 of the report be undertaken and reported to future meetings of Full Council.

(iii) The Chief Executive Officer be given a specific delegation to amend, in consultation with the Chairman of the Council, the constitution to reflect changes in the law and/or to clarify existing provisions where the amendment does not affect the substance of the constitution.

(iv) THAT Appendix 4 (“Code of Practice for Councillors and Officers Dealing with Development Control Matters”), particularly paras 11 and 20-22, be referred back for further consideration.

48. POLITICAL PROPORTIONALITY

The Council considered a report submitted by the Chief Executive Officer. In moving the recommendations the Leader pointed out that the number of Island First members was now 24 (not 25 as in the report) and that since writing the report Mr Buckle had resigned so there was a vacant position.

RESOLVED :

1. THAT Council approve the political distribution for Committees as set out in Appendix A.

2. THAT the distribution of seats across the Committees be as set out in Appendix B and that the various seats be filled in accordance with the wishes of the various Groups.

3. THAT the Council makes the following appointments:

a. Mr Bartlett to the Economic Development, Planning, Tourism and Leisure Services Select Committee and as a Deputy to the Licensing Committee.

b. Mr Yates to the Development Control Committee and the Resources Select Committee.

c. Miss Humby to the Licensing and Fire and Public Safety Select Committee.

49. EXECUTIVE

a) Reports of the Portfolio Holders

(i) The Leader

The Leader updated the Council on meetings and events that she had attended.

(ii) The Deputy Leader

The Deputy Leader updated the Council on recent activities and the Progress of the Quarterly Management Performance Review.

(iii) Transport

The Portfolio Holder submitted a written report on a number of matters including the Bus Service and the Local Transport Plan Annual Progress Report 2004.

The Portfolio holder then answered several oral questions from members of the council on train franchise and road conditions.

(iv) Tourism and Leisure

The Portfolio Holder submitted a written report on a number of issues including the Marketing Strategy Group and the International Classic Car Show.

(v) Sustainable Development, Environment and Planning Policy

The Portfolio Holder circulated a written report on a number of matters within her portfolio.

The Portfolio Holder then answered an oral question regarding the closure of public toilets in Shanklin.

(vi) Resources

The Portfolio Holder had nothing to report to the Council.

(vii) Fire, Emergency Planning and Consumer Protection

The Portfolio Holder had previously submitted his apologies, so the Leader offered to take any question on his behalf, however none were received.

(viii) Economic Development, UK and EU, Regional Issues

The Portfolio Holder updated the Council on his recent visit to China and presented a gift from the President of the Chinese Peoples Association for Friendship with Foreign Countries to the Chairman. The Portfolio Holder also gave an update on the South East Plan.

(ix) Childrens Services

The Portfolio Holder gave a report on the launch of the Childrens Services Directorate, and on the establishment of 4 Childrens centres one of which had so far been approved. The Portfolio Holder then answered an oral question on policy regarding new staff, and agreed to provide a written response to a question regarding school diners.

(x) Adult and Community Services

The Portfolio Holder updated the Council on recent activities since the last meeting.

The meeting closed at 1.36 pm

CHAIRMAN

Revised Sept 2004 Appendix A

IWC

COMMITTEES/PANEL

READY RECKONER

No of Seats	Island 1st	Cons.	Lab.	A	B	C	D	E	F	G	H
3	2	1	-	-	-	-	-	-	-	-	-
4	2	1	1	-	-	-	-	-	-	-	-
5	3	1	1	-	-	-	-	-	-	-	-
6	3	2	1	-	-	-	-	-	-	-	-
7	4	2	1	-	-	-	-	-	-	-	-
8	4	3	1	-	-	-	-	-	-	-	-
9	5	3	1	-	-	-	-	-	-	-	-
10	5	3	1	1*	1*	1*	1*	1*	1*	1*	1*
11	6	3	1	1*	1*	1*	1*	1*	1*	1*	1*
12	6	4	1	1*	1*	1*	1*	1*	1*	1*	1*
13	7	4	1	1*	1*	1*	1*	1*	1*	1*	1*
14	8	4	1	1*	1*	1*	1*	1*	1*	1*	1*
15	8	5	1	1*	1*	1*	1*	1*	1*	1*	1*
16	9	5	1	1*	1*	1*	1*	1*	1*	1*	1*
17	9	5	2	1*	1*	1*	1*	1*	1*	1*	1*
18	9	5	2	1+	1+	1+	1+	1+	1+	1+	1+
19	10	5	2	1+	1+	1+	1+	1+	1+	1+	1+
20	10	6	2	1+	1+	1+	1+	1+	1+	1+	1+
21	11	6	2	1+	1+	1+	1+	1+	1+	1+	1+
22	12	6	2	1+	1+	1+	1+	1+	1+	1+	1+
23	12	7	2	1+	1+	1+	1+	1+	1+	1+	1+
24	13	7	2	1+	1+	1+	1+	1+	1+	1+	1+
25	13	8	2	1+	1+	1+	1+	1+	1+	1+	1+

Island 1^st Group : 24 members

Conservative Group : 13 members

Labour Group : 3 members

Mrs Foster (A) : 1 member

Mr Mazillius (B) : 1 member

Mr Bowker (C) : 1 Member

Mrs Lawson (D) : 1 Member

Mr Bartlett (E) : 1 Member

Mr Yates (F) : 1 Member

Miss Humby (G) : 1 Member

1 Vacancy (H)

* these seats have to be shared between these eight groups

+ two from these eight groups

Appendix B

Sept 2004

PROPORTIONALITY ACROSS COMMITTEES

	Total No. of Seats	Island First	Con.	Labour	Mrs Foster	Vacant	Mr Mazillius	Mr Bowker	Mrs Lawson	Mr Bartlett	Mr Yates	Miss Humby
Executive (NOT Proportionate)	10	10	0	0	0	0	0	0	0	0	0	0
Licensing	10(+4)	6	4	1+		1*				1		1
Development Control	14(+6)	10	6	1	1				1		1
Regulatory Appeals Committee	15	8	4	1		1*	1
Childrens Services	9	5$	3	1
Adult and Community Services	9	5	2	1			1
Environment, Transport etc	9	5	3	0				1#
Economic Development etc	9	4	2	1				1		1
Resources	9	4	2	1					1		1
Fire and Public Safety	9	4	3	0	1							1
Standards	2(+3)	3	1	1
HR Committee	4	2	1

Previously allocated to Mr Buckle but not filled by the Council currently vacant.

+ filled by Mr Mazillius on behalf of the Labour Group.

$ a seat filled by Mr Mazillius on behalf of the Island First Group.

#allocated to Mr Bowker but not filled at his request.