Council Minutes - 20 March 2002

MINUTES OF A MEETING OF THE COUNCIL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON WEDNESDAY, 20 MARCH 2002 COMMENCING AT 10.00 AM

Present :

Mr V J Morey (Chairman), Mr B E Abraham, Mr J R Adams, Mr A C Bartlett, Chevalier Bowker, Mrs T M Butchers, Mr C B W Chapman, Mrs B D Clough, Mr A C Coburn, Mr M J Cunningham, Mr J H Fleming, Mr E Fox, Mrs D Gardiner, Mr C M Gauntlett, Mr C R Hancock, Mr P G Harris, Mr J F Howe, Miss H L Humby, Mrs M A Jarman, Mr P D Joyce, Mr G S Kendall, Mr D J Knowles, Mrs B Lawson, Mr C H Lillywhite, Mrs M J Lloyd, Mr R G Mazillius, Mr A J Mellor, Mrs M J Miller, Mr A J Mundy, Mrs E Oulton, Mr K Pearson, Mr G P Price, Mr H Rees, Mr R C Richards, Mrs S A Smart, Mr I R Stephens, Mr R A Sutton, Mr A A Taylor, Mr A F Tiltman, Mrs J L Wareham, Mr D T Yates

Apologies :

Mr R R Barry, Mr B C Buckle, Mr J Effemey, Mr M O Morgan Huws, Mrs J White, Mr D G Williams

69. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 20 February 2002 be confirmed.

70. PUBLIC QUESTION TIME

A question was put to the Chairman as follows :-

Mr J Wortham of Fortunes Corner, Brighstone in relation to the Somerset Care Group (PQ19/02)

A copy of the question and reply given are contained in the Public Question Register.

71. CHAIRMANS REPORT

The Chairman reported that he had recently held a reception for the Island Speedway team to congratulate the team on winning the league.

72. LEADERS REPORT

The Leader reported that Mr M O Morgan Huws CC had resigned as the Executive Member and Portfolio Holder for Public, Environment Protection and Waste. It was considered appropriate to leave the vacancy open until the Annual Council Meeting on 17 April 2002.

73. 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.”

After discussion it was :

RESOLVED :

THAT the motion as set out above be noted.

(b) As submitted by Mr A Sutton CC :

“That the 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.”

During the Course of the debate a number of amendments were proposed and with the acceptance of the original proposer and seconder were incorporated into the motion

RESOLVED :

THAT this matter be referred to the Community Fire Safety Task Group to investigate an appropriate way of taking this issue forward :

That the 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) and change of use builds 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

74. TOURISM DEBATE

A presentation was made by Mr Tim Addison the Head of Isle of Wight Tourism. Members discussed the value of the tourism industry to the Island. Members were advised that 600,000 tourist pocket guides had been produced and would be largely available on the Islands ferries. A television advertisement would be transmitted, on a national level, in the near future to promote Island tourism.

Members were concerned about the relatively high costs of travelling to the Island by ferry and believed this was a issue that needed addressing. The need for an Island airport was raised as it was believed that this would be valuable in attracting European visitors.

RESOLVED :

(i) THAT the undermentioned proposals be referred to the Economic, Tourism and Leisure Select Committee to develop policy proposals that can be brought back to the Executive for decision :

(1) It be recognised that tourism was the Island’s major industry valued in 2001 at over £310m. With UK growth predicted at 5% per annum, tourism was the key to future prosperity.

(2) That making the Island a better place to visit, would make it a better place to live and work; improving the visitor experience would improve inward investment opportunities across all industry sectors.

(3) The Council must understand how to welcome people. Directors would present an annual report detailing their contribution to this objective.

(4) Efficient tourism, economic, leisure and cultural services were essential to creating and sustaining Island jobs. Council resources should be restructured to deliver improved quality of service.

75. EXECUTIVE

(a) Recommendations from the Executive

(i) Draft Crime and Disorder Strategy

The Draft Crime and Disorder Strategy had been considered by the Fire and Public Safety Select Committee at its meeting on 4 February 2002. The Strategy aimed to reduce crime, disorder and the fear of crime on the Island. The Strategy would prioritise the reduction of recorded crime, work with young people to reduce crime and disorder, target drug and alcohol misuse and domestic violence.

RESOLVED :

(i) THAT the Crime and Disorder Strategy be approved

(ii) THAT training be provided so that all relevant members and officers are aware of the implications of Section 17 of the Crime and Disorder Act and the Human Rights legislation.

(iii) THAT consideration be given to including reference to section 17 considerations in all relevant reports.

(ii) Modernising Panel

The Modernising Panel was established following the implementation of the Modernising Agenda, to review the Council’s Constitution and make any amendments to the new Modernising Agenda that were considered appropriate.

During the course of the debate a number of amendments were considered and lost. Following voting on these amendments it was:

RESOLVED :

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 (c) (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 and to include the Islands Commission)

(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 having considered the following two matters agrees that no further action is required in respect of :-

(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.

(iii) Scheme of Portfolios and Delegation to Portfolio Holders

Members were advised that the Local Government Act 2000 allowed delegation of responsibility to Portfolio Holders which had previously only been given to Officers and Committees.

RESOLVED :

THAT the Scheme for Portfolio Holders and Delegation to Portfolio Holders be approved and the Council’s Constitution be amended accordingly.

(b) Exemption from Call in Process - Isle of Wight Music Festival

The Leader advised Members at the meeting of the Executive held on 26 February 2002 negotiations to authorise the exemption of standing orders had been discussed in respect of a contract for the Isle of Wight Music Festival. The Chairman of the Council had agreed, after taking advice from the Monitoring Officer, that it was reasonable in all circumstances for the decisions made by the Executive to be treated as a matter of urgency and therefore not be subject to the call-in procedure.

RESOLVED :

The report was noted.

Members received the Minutes of the Executive held on 12, 18 and 26 February 2002.

(d) Reports of Portfolio Holders

(i) The Leader

A number of questions were asked orally to the Leader.

(ii) Education and Life Long Learning

Cllr Abraham asked a question in relation to a travelling to school safety Audit (MQ18/02). A copy of the question and reply given are contained in the Members’ Question Register.

(iii) Resources

Cllr Abraham asked a question in relation to Prestwood Farm (MQ19/02).

Cllr Oulton asked a question in relation to Council tax (MQ20/02).

Cllr Cunningham asked a question in relation to Council tax (MQ21/02).

Copies of the questions and replies given are contained in the Members’ Question Register.

(iv) Social Services and Housing

A question was asked orally to the Portfolio Holder.

(v) Tourism and Leisure

The Portfolio Holder reported that the bands attending the Island Music Festival had been confirmed and it was hoped that tickets for the event would be available on Friday, 22 March 2002.

Cllr Lloyd asked a question in relation to Public toilets situated on East Cowes Esplanade (MQ22/02). A copy of the question and reply given are contained in the Members’ Question Register.

(vi) Transport

Cllr Sutton asked a question in relation to recent reports of a traffic congestion levy being introduced in Newport (MQ23/02).

Cllr Cunningham asked a question in relation to resident parking permits (MQ24/02).

Copies of the questions and replies given are contained in the Member’s Question Register.

76. SELECT COMMITTEES

(a) The Minutes of the undermentioned Select Committees were received.

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

(ii) Environment and Transport - 27 February 2002

(iii) Fire and Public Safety - 18 February 2002

(iv) Resources - 13 February 2002

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

(b) Reports by the Chairman of Select Committees

(i) Economic Development, Planning, Tourism and Leisure Services

The Chairman reported that the Committee’s next meeting would be held on Monday, 25 March 2002 and that the Planning Policy Task Group would be meeting on the 21 March 2002.

(ii) Education, Community Development and Life Long Learning

The Chairman reported on the progress of the Libraries Task Group and the Committee’s Best Value Reviews.

(iii) Environment and Transport

The Chairman reported that the Committee’s Task Groups would shortly be reporting back to the Committee.

(iv) Fire and Public Safety

The Chairman reported that he had recently visited the Nettley Control Centre and the Winchester Call Centre.

(v) Resources

The Chairman reported that the Connecting with the Public Task Group had recently become a Best Value Appraisal Group.

(vi) Social Services, Housing and Benefits

The Chairman reported on matters relating to the Committee’s Best Value Reviews.

The Minutes of the undermentioned Regulatory Committees were received.

Development Control Committee - 18 February 2002 and 1 March 2002

Regulatory Appeals Committee - 21 February 2002

CHAIRMAN