PAPER E
MINUTES OF A MEETING OF THE EXECUTIVE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 16 OCTOBER 2001 COMMENCING AT 9.30 AM
Present :
Mrs S A Smart (Chairman), Mr R R Barry, Mr J A Bowker, Mr E Fox, Mr P G Harris, Mrs M A Jarman, Mr M O Morgan Huws, Mrs J White
Also Present (non voting) :
Mr M J Cunningham, Mr P D Joyce, Mr R G Mazillius, Mr A J Mundy, Mr K Pearson
Apologies :
Mrs B Lawson, Mr H Rees
60. MINUTES
RESOLVED :
THAT the minutes of the meeting held on 2 October 2001 be confirmed.
61. DECLARATIONS OF INTEREST
Mrs S Smart declared a non pecuniary interest in Minute No 63 being the item of Urgent Business relating to Additional Funding for Social Services.
Mrs J White declared a non pecuniary interest in Minute No 66 relating to the Adoption of Contaminated Land Inspection Strategy.
62. PUBLIC QUESTION TIME
Jack Armstrong asked a question in relation to the use of school bus passes. (PQ23/01)
Gareth Davies asked a question in relation to the cost of bus fares on the island in comparison to those on the mainland (PQ24/01)
Gareth Davies asked a question in relation to the Council's influence over the ferry/rail services (PQ25/01)
Naomi Hutchinson asked a question in relation to plans to improve leisure facilities for students under 18 (PQ26/01)
Hannah Mundy asked a question in relation to the Undercliff Road. (PQ27/01)
Kresta Ferris asked a question in relation to the possibility of reducing fares to a maximum of �1. (PQ28/01)
Scott Harris asked a question in relation to food hygiene in public places on the Isle of Wight and how can standards be improved. (PQ29/01)
A copy of the questions and replies are contained in the Public Question Register.
63. URGENT BUSINESS - ADDITIONAL FUNDING FOR SOCIAL SERVICES
The Chairman indicated that there was an item of urgent business that required consideration by the Committee prior to the next meeting.
The Portfolio Holder for Social Services and Housing referred to the �300m package of measures in the Governments' 'Cash for Change' initiative which had been announced on 9 October 2001. All Local Authorities with Social Services responsibilities would receive some additional finance to help with difficulties in funding discharges from hospital. The Isle of Wight had been allocated �326K in 2001 - 02. The Government had also indicated that a further �326K, as a minimum, could be expected in 2002 - 03. A number of terms and conditions attached to the grant were noted. The proposals to spend the additional allocation reflected the recommendations arising from a series of meetings with the IW Healthcare NHS Trust, the Residential Care Home Owners Association and the Nursing Home Owners Association.
RESOLVED :
(i) THAT the following proposals for spending �326K in 2001 - 02 be approved.
Purchase extra residential care homes beds up to
31 March 2002 - �259,000
Purchase extra home care hours up to
31 March 2002 - � 40,000
Purchase extra nursing care provisions with
IW Healthcare NHS Trust - � 20,000
Contingency - � 7,000
(ii) THAT the action plan be approved by the Portfolio Holder in conjunction with the Director and the Chairman of the Social Services, Housing and Benefits Select Committee;
(iii) THAT any additional costs occurring in 2002/03 and beyond be contained within the Social Services budget as approved by full Council.
64. PORTFOLIO HOLDER - EDUCATION AND LIFELONG LEARNING
(a) Admission Arrangements for Community and Controlled Schools
Mr M Morgan Huws declared a pecuniary interest in the following item of business, left the meeting room and therefore took no part in the debate or voting thereon.
Following a report from the Local Government Ombudsman criticising the Councils' admissions arrangements for community and controlled schools and subsequent legal advice confirming that the current policy of guaranteeing school places could be subject to challenge through judicial review, a thorough review of existing practices had been undertaken.
The Portfolio Holder for Education and Life Long Learning reported on the proposed changes to the LEA's admissions and transport policies which preserved many of the benefits of the Council's current arrangements, whilst meeting the requirements of the law. The proposals would take effect from 1 January 2002. It was reported that the revised arrangements had been the subject of extensive consultation with Headteachers, governors, the Church of England and Roman Catholic dioceses and parents. Overall, there had been an acceptance of the need for changes but a general regret that the existing policy, which had operated successfully, had had to be abandoned. The proposals had also been considered by the Education, Community Development and Life Long learning Select Committee at its meeting on 10 September 2001.
RESOLVED :
THAT the amendments to the LEA's admissions and transport policies outlined in paragraphs 12 -16 and paragraph 21 of the report, be agreed.
Mr M Morgan Huws re-entered the meeting room.
(b) Development Plan - Services and Provision for Pupils with Special Educational Needs
The Portfolio Holder for Education and Life Long Learning introduced the Development Plan in relation to Services and Provision for Pupils with Special Educational Needs for the period 2001 - 2004. The Plan was produced in response to recommendations made to the LEA, following the OFSTED inspection of the Education and Community Development Directorate in June 2000. The Development Plan took into account the recently revised Code of Practice for Special Educational Needs and the Special Educational Needs and Disability Act. Wide ranging consultation had taken place and these arrangements were outlined. The activities set out in the Plan involved considerable capital expenditure and required successful bids to the DfES to support the actions proposed. Revenue costs should be met from within existing budgets and from School Standard funding.
The Development Plan had been considered by the Education, Community Development and Life Long Learning Select Committee at its meeting on 18 September 2001.
RESOLVED :
(i) THAT the Development Plan - Services and Provision for Pupils with Special Educational Needs, be endorsed;
(ii) THAT the proposal to re-organise the two special schools be endorsed.
(c) LEA Appointments
Mr M Morgan Huws declared a non pecuniary interest in the following item of business and took no part in the discussion or voting thereon.
The Director of Education and Community Development presented the various vacancies and nominations for the LEA appointments to School Governing Bodies.
RESOLVED :
THAT the following be appointed to serve on the undermentioned governing bodies:
Newchurch Primary School - Mrs P Taylor
St Catherines Independent School - Cllr B Lawson
65. APPOINTMENTS TO OUTSIDE BODIES
The Leader of the Council advised members that there was a need to approve the appointment of a number of representatives to specified outside bodies. Nominations had been sought from all members of the Council and, where vacancies still remained or where more nominations had been received than required, these had been presented to the relevant Select Committees during the September round of meetings. Attached as an Appendix to the report were the Select Committees' recommendations. Councillors were urged to provide feedback on items of interest to the Council, from the various meetings of outside bodies, which could then be circulated to all members of the Council, by way of the weekly bulletin.
In addition, members were required to consider the appointment of a Council representative to the Yarmouth Harbour Commissioners - Advisory Committee. As no Councillor nomination had been received, members were of the view that the feasibility of an officer representative of the Council should be investigated.
RESOLVED :
(i) THAT the schedule of appointments to Outside Bodies, attached as an Appendix to the report, be approved;
(ii) THAT the Council's representative on the Yarmouth Harbour Commissioners - Advisory Committee be considered at a future meeting of the Executive.
66. ADOPTION OF CONTAMINATED LAND INSPECTION STRATEGY
The Executive considered the adoption of a Contaminated Land Inspection Strategy which allowed the Council to commence the identification and implementation of works to tackle the harmful effects of contaminated land. The document was produced as a requirement under Part11A of the Environmental Protection Act 1990. The Portfolio Holder for Public, Environment Protection and Waste advised members that the Strategy outlined how the Council intended to undertake the inspection of the Island and the management of a public register of regulatory action.
RESOLVED :
THAT the Contaminated Land Inspection Strategy be adopted.
67. PORTFOLIO HOLDER - RESOURCES
(a) Release and Development of Land at Pan
The Portfolio Holder for Resources reminded the Executive that within the Isle of Wight UDP a major area of Council owned land, at Pan, had been allocated for development. The UDP had been formally adopted by the Council and the period for legal challenge expired on 29 June 2001. The Council now needed to ensure proper and effective development of the area. It was also important for careful consideration to be given to the timescale and the way in which the land was released. In this respect Members were advised, by way of the Portfolio Holder, of a number of points to be heeded in consideration of the options available.
In discussion of the issues involved Members were recommended to determine a clear understanding on how the site should be developed before any agreement was made on how the land would be disposed of. The development of a master plan would involve considerable consultation with all interested parties and potential future residents of the development. It would provide an opportunity to influence the composition, design and layout of the scheme, and would not only give the Council the greatest flexibility but could also realise the best value for the site.
The expected cost of such a master plan would be approximately �50K. However this approach should reduce the design and development work involved in any planning application and enable potential developers, at the bidding stage, to be aware of land values.
RESOLVED :
(i) THAT the Council prepares a preliminary development brief indicating the broad type of development it would like to achieve at Pan;
(ii) THAT this brief be used as a basis for inviting tenders from consultants or development consortia for the preparation of a master plan for the overall development of the land at Pan;
(iii) THAT the Council consider options for the disposal of the land at Pan when a master plan has been adopted as Supplementary Planning Guidance.
(b) Samuel White's Industrial Estate, Cowes
The Portfolio Holder for Resources reminded members that consideration of the possible disposal of the Samuel White's Industrial Estate had been deferred at the meeting of the Executive on 25 September 2001, to enable further clarification of a number of issues and for members to undertake a site visit of the area concerned. This had now taken place.
The background and process undertaken regarding the proposed disposal of Samuel Whites was explained. In addition, the Executive was advised, by way of a confidential appendix to the Portfolio Holder's report, of the results of the recent formal tendering exercise. In consideration of the options detailed, members were minded to undertake further negotiations with interested parties on a reviewed basis, namely, protection of the tenants for five years, agreed arrangements for pollution liability and remediation and the registration of the Council's title.
RESOLVED :
(i) THAT Samuel White's Estate, Cowes be declared surplus to the Council's requirements;
(ii) THAT the disposal of Samuel White's Estate, Cowes, upon the basis of the tenant's rights being protected for a minimum of five years, be agreed;
(iii) THAT officers be requested to undertake further negotiations with interested parties;
(iv) THAT the Portfolio Holder in conjunction with the Director be authorised to accept the most financially favourable offer for the property.
68. 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 69 , on the grounds that there was likely to be disclosure of exempt information as defined in paragraph 1 and 11 of Part 1 of Schedule 12A of the Act.
69. SENIOR MANAGEMENT STRUCTURE
The Portfolio Holder for Resources referred to the interim management structure, approved by the Executive on 25 September 2001, which involved a redistribution of the Councils' functional responsibilities. Members considered the recommendations for financial recognition of the additional responsibilities undertaken by the Directors of Education and Community Development, Corporate Services, Finance and Information and Assistant Director (Educational Effectiveness and Lifelong Learning). The potential salary savings and direct on-costs arising from the review of the management structure greatly outweighed the costs involved. A further report setting out proposals for the second tier management structure would be presented to the next meeting of the Executive.
RESOLVED :
THAT the recommendations as set out in the report be approved.
CHAIRMAN
MINUTES OF A MEETING OF THE EXECUTIVE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 30 OCTOBER 2001 COMMENCING AT 9.30 AM
Present :
Mrs S A Smart (Chairman), Mr R R Barry, Mr J A Bowker, Mr E Fox, Mr P G Harris, Mrs M A Jarman, Mrs B Lawson, Mr M O Morgan Huws, Mr H Rees, Mrs J White
Also present non-voting :
Mr A C Bartlett, Mr M J Cunningham, Mr J H Flemming, Mr P D Joyce, Mr V J Morey, Mr A J Mundy, Mr A A Taylor, Mr A T Tiltman, Mr D G Williams
RESOLVED :
THAT the Minutes of the meeting of the Executive held on 16 October 2001 be approved as a correct record.
71. PUBLIC QUESTION TIME
Mr N Humpreys asked a question relating to Islecare (PQ33/01). A copy of the question and reply given is contained in the Public Question Register.
Mr R Jones from Registered Care Homes Association (IW), asked a question relating to Islecare.(PQ34/01). A copy of the question and reply given is contained in the Public Question Register.
72. THE LEADER OF THE COUNCIL
(a) Cowes Town Waterfront Trust
Members gave consideration to the level of representation from the Council on the Cowes Town Waterfront Trust. When the Trust was first established, the Isle of Wight Council and the former Medina Borough Council gave the Trust a grant and guaranteed a loan from the Royal Bank of Scotland. In recognition of this, and following local authority re-organisation, the authority appointed four Directors to the Trust. Over time the Council was released from its guarantee and changes to the Board had now meant that the Trust had suggested that the number of Directors be reduced to 6, plus an independent chairman, with the Council only nominating 2 of the 6 Directors.
RESOLVED :
THAT the Cowes Town Waterfront Trust's proposal to reduce the Council's nominations to the Board to two be accepted provided
(i) THAT the overall size of the Board is reduced to 6 with an independent Chairman
(ii) THAT whilst the skills of the Council's nominations requested by the Trust be noted and accepted, the Council is free to nominate whoever they feel appropriate
(iii) THAT any appointments by the Isle of Wight Council be for the period of being a Councillor or until the next Council elections, whichever is the earlier.
(b) Review of the Constitution
Members considered re-forming the Modernising Panel to review the Council's Constitution following the adoption of the current arrangements for the conduct of Council business in accordance with the Local Government Act 2000. The Panel would be expected to make recommendations to the Executive on possible amendments to the Constitution. Members were informed that political proportionality would apply.
RESOLVED :
THAT the Modernising Panel (of seven members) be re-formed to review the Council's constitution (as adopted on 20 June 2001) and to make recommendations to the Executive by the end of January 2002 on any amendments they feel appropriate.
73. PORTFOLIO HOLDER - RESOURCES
(a) Capital Programme
The Portfolio Holder for Resources presented the report in respect of capital expenditure releases for the 2001/02 financial year. A number of releases had been deferred from earlier in the year until a fuller implication of costs arising from the winter rainfall and storm damage had become clearer. However, in relation to Puckaster Farm members felt that they required further information before making a decision to release any monies in respect of its purchase.
RESOLVED :
(i) THAT the capital bids as presented in Appendix A in the report be approved, subject to (iv) below, with the exception of Puckaster Farm which would be the subject of a further report brought to the next meeting of the Executive.
(ii) THAT the capital bid of �40,000 in respect of the Ventnor Cricket Club project be approved.
(iii) THAT the release of a further �350,000 of capital receipts for the purposes of the Housing Investment Programme, subject to there being equivalent Housing Revenue Account capital receipts realisable prior to the end of the financial year be approved.
(iv) THAT the above bids be delegated to the Director's Group and Portfolio Holder for Resources, for prioritisation and implementation having regard to the timing of available resources.
(b) Boundary Wall, Land Adjacent to Rex Cinema Site, Ventnor
Members were informed that due to heavy rainfall last winter, ground movement had affected a boundary wall at the top of a cliff on land owned by the Council. Tenders were currently being sought for the removal of the wall. It was believed that the work to be carried out would qualify under the Bellwin rules, if completed by the end of November.
RESOLVED :
THAT removal of the wall at an estimated cost of �35,000 be approved.
(c) Proposed Land Acquisitions:
1. Proposed Newport to Sandown Cycle Way - Land Acquisition, Redway Farm, Merstone 2. Proposed Acquisition of Land At Newchurch County Primary School
1. The Executive considered the terms of the acquisition for the last section of land that would link the planned cycleway route that would link Newport to Sandown. Members remained committed to the Local Transport Plan which in turn could help to secure future sustainable transport funding.
RESOLVED :
THAT the land be acquired on the terms indicated in the report.
2. Members were reminded that the Council had entered into a twelve year lease of the land to site a mobile classroom to accommodate a growth in pupil numbers. The lease had now expired and although the Council were not automatically entitled to renew the lease the owner was willing to sell the freehold. The Portfolio Holder for Resources confirmed that the land was still required by the school.
RESOLVED :
THAT approximately 0.2 acres of land at Newchurch Primary School be acquired.
74. PORTFOLIO HOLDERS - RESOURCES AND SOCIAL SERVICES AND HOUSING
(a) Islecare 97 (Review)
The Portfolio Holder for Resources introduced the report which dealt with two matters raised by the Islecare Review Panel. The report confirmed that the lease granted to Islecare 97 Limited satisfied the "Best Consideration" test under Section 123 of the Local Government Act 1972 ie. that the value of the obligations and conditions undertaken by the leaseholder did represent a total value which was the highest that could be reasonably obtained. The Portfolio Holder for Resources stated that given all the information available, the lease arrangement that had been agreed, provided full market rental value and was "Best Consideration". Members examined the issues that the report raised including the level of rent that the Council could expect from the properties in the future and how this should be assessed.
RESOLVED :
(i) THAT the terms of the lease granted to Islecare 97 Limited in December 1996 represented best consideration under Section 123 of the Local Government Act 1972 be agreed.
(ii) THAT the Property Services Manager together with the Portfolio Holder for Resources should commence negotiations with Islecare 97 Limited for the review of rent in December 2002 and report back to the Executive the outcome of those negotiations.
(iii) THAT Islecare 97 Limited be asked to bring forward proposals to meet the Care Standards Act.
(b) 31 Carter Avenue, Shanklin and 39 Osborne Road, East Cowes - Lease and Surrender Islecare 97
Members considered the report which detailed the reasons for the inclusion of 31 Carter Avenue in the block lease to Islecare 97 and the surrender of 39 Osborne Road, East Cowes. The Strategic Director for Social Services and Housing indicated in the report that there was an urgent need for houses to be available to rent for social housing.
RESOLVED :
(i) THAT the Council incorporate 31 Carter Avenue, Shanklin, in the block lease to Islecare 97 and accept a surrender of 39 Osborne Road, East Cowes.
(ii) THAT 39 Osborne Road, East Cowes, be declared surplus to requirements and be sold at market value to a Housing Association on terms to be assessed by two independent valuers with details to be approved by the Portfolio Holder for Resources and the Strategic Director of Corporate and Environment Services and if terms could not be agreed, then the property would be sold by auction.
(c) Inver House, Bembridge
Members were informed that Inver House was a elderly persons home owned by the Council and leased to Islecare 97. The Company had wanted to extend the home some time ago and they had now approached the Council to see whether the Council would be prepared to sell or grant a long lease of the property.
RESOLVED :
THAT the Council enters into negotiations with Islecare 97 for the grant of a 125 year lease or freehold sale of Inver House, Bembridge, subject to conditions protecting the long term use of the property as a care facility, with details be brought back to the Executive for consideration.
(d) Polars, Staplers Road, Newport
Members considered the idea of proposals which were being worked up by several agencies for elderly residential care provision and new blind workshop facilities on the site.
RESOLVED :
THAT the Council consented to the three parties named in the report progressing a feasibility study for the redevelopment of Polars and land around the house for care and housing purposes, and that a future report on the outcome be reported back to the Executive.
(e) The Council's Shareholding in Islecare 97 Limited
The Portfolio Holder for Resources outlined the reasons for and against the sale of the 19% share the Council held in Islecare 97 Limited. Members were informed that in order to establish a basis for negotiation, it was proposed to seek independent professional advice as to the value of the shares.
RESOLVED :
(i) THAT the Council engage appropriate financial advisors to establish a valuation basis for negotiating the sale of the Council's holding in Islecare 97 Limited.
(ii) THAT following receipt of that advice to decide on whether to sell the holding and if so, the manner thereof, with a report back to the Executive.
75. PORTFOLIO HOLDER - FIRE AND EMERGENCY PLANNING
(a) Waiving Standing Orders for CCTV in Sandown, Newport and St Mary's
The Portfolio Holder for Fire and Emergency Planning outlined the reasons why standing orders relating to the tendering for contracts to install CCTV extensions in Sandown, Newport and St Mary's Hospital should be waived. These centred on the fact the work would build on the existing system which was subject to on going maintenance contracts, that the preferred contractor went through the full tendering process last year, that the consultants believed the contractor to be still competitive and that the contractor was familiar with the current system.
RESOLVED :
THAT standing orders be waived to enable a negotiated tender to be accepted for the installation of CCTV in Sandown, Newport and St. Marys.
(b) Annual Community Fire Safety Plan 2001/02
Members were advised of the content of the third Annual Community Safety Plan 2001/02 and that prevention of fire was playing an ever increasing role in the fire service.
RESOLVED TO RECOMMEND TO COUNCIL :
THAT the Council be recommended to adopt the third Community Fire Safety Plan, which mapped out the efforts of the Brigade to reduce fires, deaths and injuries from fire within the community.
76. REGISTRATION OF THE ISLE OF WIGHT COUNCIL MUSEUMS
The Portfolio Holder advised members that the registration of the Council's museums expired in 2001. Members were asked to approve a revised Acquisitions and Disposal Policy and Collections Management Plan, which would qualify the Museum Service for Registration Phase II.
RESOLVED :
(i) THAT the Museum Service's Acquisitions and Disposal Policy 2001-2006 be approved.
(ii) THAT the Collections Management Plan 2001-2004 and its contained mission and aims for the Museum Service be approved.
(iii) THAT the submission of an application to Register the Council's museums under Phase II of the Resource Scheme be approved.
77. PETITION TO HOLD A PUBLIC INQUIRY INTO FOOT AND MOUTH DISEASE
Members considered a request from the National Farmers Union to support a petition calling for a Public Inquiry into the handling of the Foot and Mouth outbreak this year. The Executive agreed that a copy of the petition would be placed in the Members Lounge so individual members could add their name and this would be sent together with a letter of support from the Council. Members discussed the merit of requesting the relevant Select Committee to look into the measures that had been taken on the Island and the effects of these measures had had on the wider community with a view to understanding what, if any, lessons could be learnt. It was also suggested that the taskforce set up by SEEDA set up to look into the issues of foot and mouth on a regional basis be fed into the Select Committee.
RESOLVED :
THAT the request by the National Farmers Union to support a petition calling for a Public Inquiry into the handling of the Foot and Mouth outbreak this year be supported and that the relevant Select Committee be requested to look at measures taken and the effects of these measures on the wider community.
78. MEMBERS' QUESTION TIME
Mr B Bartlett asked a question relating to Islecare (MQ15/01). A copy of the question and reply given is contained in the Members Question Register.
CHAIRMAN