Council Agenda - 20 March 2002

ISLE OF WIGHT COUNCIL

Strategic Director

Corporate and Environment Services

County Hall

Newport

Isle of Wight

PO30 1UD

13 March 2002

To: ALL MEMBERS OF THE COUNCIL

You are hereby summoned to attend a MEETING of the COUNCIL to be held on WEDNESDAY, 20 MARCH 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.

AGENDA

PRAYERS

1. To approve as a correct record and to sign the Minutes of the meeting of the Council held on 20 February 2002 (Paper A)

2. To receive any declarations of interest.

3. To deal with any questions from members of the public.

If members of the public wish to ask a question then it must be submitted in writing to Committee Services, or by email to : [email protected], by 10.00 am on Monday, 18 March 2002.

4. To receive any official communications and correspondence submitted by the Chairman.

5. To receive such reports as the Leader of the Council may desire to bring before the Council and in particular that Mr M O Morgan Huws CC has resigned as the Executive Member and Portfolio Holder for Public, Environment Protection and Waste and the Council are now asked to consider proposals for appointing to the vacancy.

6. Motions submitted under Procedure Rule 11.

(a) As submitted by Mrs D Gardiner CC and Mr K Pearson CC :-

That this Council has no confidence in Councillor Marc Morgan Huws as a member of the Executive Committee and Portfolio Holder and calls upon him to resign. Should he decline to resign, we call on the Leader of the Council to sack him. In bringing forward this motion, we note the vociferous criticism of Cllr Morgan Huws from all sides of the Chamber at the most recent Full Council meeting.

(b) As submitted by Mr A Sutton CC :-

That the Full Council agrees that it should, without delay, consider bringing forward a byelaw to empower the authority to require all new build houses of multiple occupation (HMO's) to fit sprinkler systems.

And further to this agree that this authority set up a Public Service Agreement (PSA) with all our State Registered Landlords (RSL's) regarding the fitting of sprinkler systems again in all new builds? Set definitive targets for a reduction in fire damage amongst the most vulnerable in our community and submit the scheme to the secretary of state for pump priming within the guidelines laid down for PSA phase two.

7. The Leader of the Council to call a debate on Tourism under Procedure Rule 16. The Council will be addressed by Mr Tim Addison the Head of Isle of Wight Tourism who will introduce Mr Simon Dabell (Chairman of the Island Tourism Industry Association)

Following the presentation there will be a debate on this matter.

8. EXECUTIVE :

(a) To consider the following matters as recommended by the Executive at its meeting on the 26 February and 12 March 2002.

(i) 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

(The report of the Modernising Panel as considered by the Executive is attached as Paper B1)

(ii) Draft Crime and Disorder Strategy

Consideration was given to the final draft of the Crime and Disorder Strategy which had been considered by the Fire and Public Safety Select Committee at its meeting on 4 February 2002.

The Crime and Disorder Act 1998 required the Council and Hampshire Constabulary to work together with other statutory partners to tackle crime and disorder on the Island. The draft strategy identified new priorities and actions to be delivered over the next three years and illustrated some examples of best practice that had developed. Members recognised the importance of the strategy and believed parents had a vital role to play in combatting anti social and criminal behaviour in young people.

RESOLVED TO RECOMMEND TO FULL COUNCIL :

THAT the Crime and Disorder Strategy be approved by the Council.

(The report of the Portfolio Holder for Fire and Emergency Planning as considered by the Executive is attached as Paper B2. All Members have been sent a copy of the Draft Crime and Disorder Strategy)

(iii) Scheme of Portfolios and Delegation to Portfolio Holders

Members were aware that the Local Government Act 2000 allowed a radical departure from the past in so much as it allowed delegation to individual members. Regulations under the Act determined how delegation would work. When a decision was delegated to a Portfolio holder, a report would be prepared and this would include information which would normally be included in a report to the Executive. It was necessary that all decisions taken by the Portfolio Holder under delegated powers be recorded and published. These were already covered in the Protocol on the Council’s Decision Making Process. The Protocol also required that any report be available at least 3 days before any decision be taken, that decisions were subject to the call in procedure and that copies of decisions be featured on the agenda of the next meeting of the Executive. The scheme of delegation to portfolio holders had been developed reflecting the modernising agenda ethos of accountability and openness.

RESOLVED TO RECOMMEND TO COUNCIL :

THAT scheme for portfolios and delegation to portfolio holders be adopted subject to the deletion of the word ‘political’ in the paragraph headed ‘Leader’, and the Council’s Constitution be amended accordingly.

(The report of the Leader of the Council as considered and amended by the Executive is attached as Paper B3)

(b) That it be reported to the Full Council, at the meeting of the Executive held on the 26 February 2002 (Min 144(b) - Exemption from Standing Orders) the following was discussed and agreed :

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.

(d) Portfolio Holders to give answers to written questions, update on major issues and answer any general questions as follows :

(i) The Leader (Mrs S Smart);

(ii) Agenda 21 and Countryside Matters (Mrs B Lawson)

(iii) Economic Development and Regional Issues (Mr H Rees)

(iv) Education and Lifelong Learning (Mr P Harris)

(v) Fire and Emergency Planning (Mrs J White)

(vi) Public, Environment Protection and Waste (Mr M O Morgan Huws)

(vii) Resources (Mr R Barry)

(viii) Social Services and Housing (Mr J A Bowker)

(ix) Tourism and Leisure (Mrs M A Jarman)

(x) Transport (Mr E Fox)

9. SELECT COMMITTEES

(a) To receive for information the minutes of the following Select Committee :

(i) Economic Development, Planning, Tourism and Leisure Services - 25 February 2002 (Paper D)

(ii) Environment and Transport - 27 February 2002 (Paper E)

(iii) Fire and Public Safety - 18 February 2002 (Paper F)

(iv) Resources - 13 February 2002 (Paper G)

(v) Social Services, Housing and Benefits - 6 March 2002 (Paper H)

(b) To receive a report from the Chairman and to answer any written questions in respect of the following Select Committees :

(i) Economic Development, Planning, Tourism and Leisure Services (Mr D T Yates);

(ii) Education, Community Development and Lifelong Learning (Mrs J L Wareham);

(iii) Environment and Transport (Mrs T Butchers);

(iv) Fire and Public Safety (Mr D Knowles);

(v) Resources (Mr G Kendall);

(vi) Social Services, Housing and Benefits (Mr R Mazillius).

10. REGULATORY COMMITTEES

To receive for information the Minutes of the Regulatory Committees :

(i) Development Control Committee - 18 February 2002 and 1 March 2002 (Paper I)

(ii) Regulatory Appeals Committee - 21 February 2002 (Paper J)

Members are reminded that questions to Portfolio Holders or the Chairmen of the above Select and Regulatory Committees must be submitted in writing to Committee Services, or by email to: [email protected] , by 10.00 am on Monday, 18 March 2002.

MIKE FISHER

Strategic Director

Corporate and Environment Services