ISLE OF WIGHT COUNCIL
Strategic Director
Corporate and Environment Services
County Hall
Newport
Isle of Wight
PO30 1UD
10 April 2002
To: ALL MEMBERS OF THE COUNCIL
You are hereby summoned to attend the ANNUAL MEETING of the COUNCIL to be held on WEDNESDAY 17 APRIL 2002 in the COUNCIL CHAMBER, COUNTY HALL, NEWPORT, ISLE OF WIGHT commencing at 10.00 am for the transaction of the business set out in the Agenda below.
A lunch, hosted by the Chairman of the Council, will be held in Committee Room 1 at 1.00 pm.
AGENDA
PRAYERS
1. To elect a Chairman of the Council for the ensuing year.
2. To elect a Vice Chairman of the Council for the ensuing year.
3. To elect a Deputy Chairman of the Council for the ensuing year.
4. To approve as a correct record and to sign the Minutes of the meeting of the Council held on 20 March 2002 (Paper A)
5. To deal with any questions from members of the public
To guarantee a full reply at the meeting, the question must be delivered in writing or by electronic mail to Committee Services no later than 10.00 am on Monday 15 April 2002. 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.
6. To receive and take measures respecting official communications and correspondence, if any, submitted by direction of the Chairman.
7. To elect the Leader of the Council who will also be the Chairman of the Executive.
8. To amend the constitution as deemed necessary.
9. To appoint nine other members of the Executive.
10. To elect Chairmen and Vice Chairmen of the following Select Committees :
(i) Economic Development, Planning, Tourism and Leisure Services;
(ii) Education, Community Development and Life Long Learning;
(iii) Environment and Transport;
(iv) Fire and Public Safety;
(v) Resources;
(vi) Social Services, Housing and Benefits.
11. To elect Chairmen and Vice Chairmen of the following Regulatory Committees:
(i) Development Control;
(ii) Licensing;
(iii) Regulatory.
12. Dates of future meetings
For Members to agree the dates of meetings of the Council for the ensuing year.
Wednesday, 15 May 2002
Wednesday, 12 June 2002
Wednesday, 14 July 2002
Wednesday, 25 September 2002
Wednesday, 16 October 2002
Wednesday, 13 November 2002
Wednesday, 11 December 2002
Wednesday, 22 January 2003
Wednesday, 19 February 2003
Wednesday, 19 March 2003
Wednesday, 16 April 2003 (Annual)
13. To consider the following notice of motion as submitted by Mr R G Mazillius CC :-
“That this Council formally record the hard work and commitment that Mr Rob Owen has given during his period of secondment as the Head of Select Committee Support and that he be formally thanked for his endevours during this period.
14. To consider the following matter as recommended by the Standards Committee at its meeting on the 14 December 2001.
Model Codes of Conduct
The Committee received the report of the Monitoring Officer on the new Model Codes of Conduct for the Isle of Wight Council and the Town and Parish Councils. With the aid of a presentation a number of changes between the existing code and the new code of conduct were explained as were the steps that the various Councils would have to take to adopt the code and then for each member of each Council to “sign-up” to the code within 2 months of its adoption.
It was noted that the national advice being received from a variety of agencies and organisations was that Councils should adopt the national model codes without any alterations. However this then left a number of local matters that the Isle of Wight Council had previously been operating outside the Code of Conduct. These were the current Gifts and Hospitality procedure (which was stricter than that included within the model Code of conduct), the Code of Practice for Councillors and Officers dealing with Planning Matters and the Protocol for Member/Officer relations. As these had all been operating for sometime within the Isle of Wight Council it was suggested that these should remain as local codes (outside the Model Code of Conduct) and that any alleged breaches of these local codes be considered by the Standards Committee rather than the Standards Board.
RESOLVED :
(a) THAT the Isle of Wight Council and Town and Parish Councils be recommended to adopt the relevant national Codes of Conduct as set out in the two relevant Statutory Instruments (nos: 2001/3575 and 3576)
(b) THAT the Isle of Wight Council be recommended to re-adopt the current versions of the following as local codes:
(a) The Procedure for Gifts and Hospitality;
(b) The Code of Practice for Councillors and Officers dealing with Planning Matters; and
(c) The Protocol for Member/Officer relations.
(c) THAT any alleged breached of the Local Codes as set out in (b) above be referred to this Committee for consideration in accordance with item 5 of the Committee’s Terms of Reference and in accordance with the rules previously adopted by the Isle of Wight Council.
(d) THAT the proposed registers as set out in the Monitoring Officers report be noted.
(The report of the Monitoring Officer as considered by the Standards Committee is attached as Paper B)
15. EXECUTIVE
(a) To consider the following matters as recommended by the Executive at its meetings on the 26 March and 9 April 2002.
(i) Adult Learning Plan 2002/03
The Portfolio Holder presented the report on the Adult Learning Plan which was required to be submitted to the Learning and Skills Council no later than 28 March 2002. This was one of the Local Education Authority’s statutory Plans which would supercede the Lifelong Learning Development Plan. Failure to submit the Plan could jeopardise the funding of £177,351 which had been provisionally been allocated to the Local Education Authority to deliver the programme. The Plan had been considered by the Education, Community Development and Lifelong Learning Select Committee at its meeting on 11 March 2002. The Portfolio Holder informed members that the Select Committee would in future scrutinise plans after their adoption as this would give more time for discussion.
RESOLVED TO RECOMMEND TO COUNCIL :
THAT the Isle of Wight Adult Learning Plan for 2002/03 be adopted.
(The report of the Portfolio Holder for Education and Life Long Learning as considered by the Executive is attached as Paper C. A copy of the full Adult Learning Plan has been placed in the Members room)
(ii) Members Independent Remuneration Panel
Consideration was given to the report of the Independent Remuneration Panel on its review of members’ allowances. The Local Government Act 2000 required local authorities to appoint independent Panel’s to review and/or amend their schemes for the payment of allowances to members. The Panel of three was appointed by the Council. Members were advised that if the Panel’s recommendations were adopted from the date of the next Full Council meeting the additional budget provision required for 2002/2003 would be £68,000. Although the Council was required to consider the recommendations of the Panel it did not have to implement them. However the Panel’s recommendations and the Council’s final determination do have to be published. Members expressed concern at the cost of undertaking the review. Some members believed that allowances should be set nationally and reviewed annually by the Local Government Association.
RESOLVED TO RECOMMEND TO COUNCIL :
(i) THAT the report be received and noted at this stage; and that it’s financial recommendations be considered as part of the budget process for the financial year 2003/4
(ii) THAT the other recommendations as set out in paragraph 15 of the report from the independent panel be referred to the Standards Committee for further consideration and recommendation back to the Executive
(The report of the Leader of the Council as considered by the Executive is attached as Paper D)
(b) That it be reported to the full Council, at the meeting of the Executive held on 26 March 2002 (Min 163 - Award of the 2002/2008 Beach Cleaning Contract and Min 168 (c) - 5 and 6 Market Street, Ventnor) the following two items were discussed and agreed.
(i) Award of the 2002/2008 Beach Cleaning Contract
Members were informed that the existing Beach Cleaning Contract had expired and a new six year contract needed to be awarded. In order for the Isle of Wight to maintain the Seaside Awards it was important that cleaning commenced on 1 May 2002 as the Island could be inspected at any time and if beaches were found to be below standard, the awards would be withdrawn. The Portfolio Holder advised members that a lead in period of five weeks was required so that new machinery and vehicles could be purchased. The call in period would reduce the amount of time the successful contractor had to acquire such machinery to the point that it would be unable to commence on 1 May 2002. The Chairman of the Council had agreed, after taking advice from the Monitoring Officer, that the decision proposed was reasonable in all circumstances and to it being treated as a matter of urgency and therefore not subject to the call in process. The matter would be reported to the next meeting of the Council, outlining the reasons for the urgency.
In awarding the contract regard was given to the increased cost of the service due to changing legislation and recommendations put forward by the Best Value Improvement Plan. Members were advised that both tenders received were above the current budget provision by approximately £10,000 unless members agreed to some suggested changes in specification that would bring the contract within budget. Members did not wish to see any reductions to the specifications.
RESOLVED :
(i) THAT the contract for services to the current specification be awarded to contractor B and the additional funding be found within the Directorate’s cash limited budget.
(ii) THAT this decision shall not be subject to the call-in procedure in accordance with the process set out it the Constitution
(ii) 5 and 6 Market Street, Ventnor
Members were reminded that 5 and 6 Market Street formed part of the route to a new wider roadway into the central area of Ventnor. Members had already considered the proposals to formulate new parking arrangements, the clearance of derelict buildings and the possibility of new retail development. The Chairman informed the Executive that the local member supported the proposal.
The Portfolio Holder reported that the option to purchase the two properties would expire at the end of March. The Property Services Manager had been unsuccessful in negotiating an extension of the option in order to allow the call in period to expire without incurring further costs. Therefore, 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 and not subject to the call in process. The matter would be reported to the next meeting of the Council, outlining the reasons for the urgency.
EXCLUSION OF THE PUBLIC AND PRESS
During the debate it was moved and seconded that the public and press be excluded from the meeting.
RESOLVED :
THAT under Section 100(A) (4) of the Local Government Act 1972 the public and press be excluded from the meeting for part of this item, on the grounds that there was likely to be disclosure of exempt information as defined in paragraphs 7 and 9 of Part 1 of Schedule 12A of the Act.
Members discussed the current value of the two properties together with the value of the option to purchase. Details were also made available as to the consideration to be paid to the Council by the purchaser and the envisaged timescale. The Property Services Manager confirmed that the proposed arrangements represented best consideration for the Council
RESOLVED :
(i) THAT the cottages be acquired and sold on the terms set out in the confidential appendix attached to the report.
(ii) THAT the disposal be subject to an option to repurchase the two properties at the same price within a period of 24 months
(iii) THAT this decision above shall not be subject to the call-in procedure in accordance with the process set out it the Constitution
M J A FISHER
Strategic Director
Corporate and Environment Services