Before the commencement of the meeting the Council
paid tribute to Superintendent David Kilbride who was leaving for another post,
for his work on the Island over the last two years. Superintendent Kilbride
responded accordingly making particular reference to the excellent support he
had received from the Council and the community during his time on the Island.
32.
MINUTES
RESOLVED :
THAT the Minutes of the meeting held on 9 June 2004 be confirmed.
33.
DECLARATIONS OF INTEREST
Mrs B Lawson declared a personal and prejudicial interest in minute
number 39 (Petition for Fishbourne Parish Council) as she served on both the
Isle of Wight Association of Parish and Town Councils and the National
Association of Parish and Town Councils.
34.
PUBLIC QUESTION TIME
Questions were put to the Chairman as follows :
Mrs P Gaches concerning parking meters at Appley and Puckpool Parks (PQ 26/04).
Mrs V May also concerning parking meters
at Appley and Puckpool Parks (PQ 27/04).
The Portfolio Holder for Transport
provided an appropriate reply.
Mr C May asked
an oral question relating to the parking in the vicinity of Appley and Puckpool
parks to which the Portfolio Holder for Transport gave an appropriate reply.
Mr J Taylor
asked an oral question on the provision of staff parking permits to enable
Council staff to park in public car parks adjacent to leisure facilities. The
Portfolio Holder responded that he was working to ensure that all Council car
parks were available for use by the public and that sufficient parking permits
had been provided to allow for the efficient running of the Council facilities.
Mr
Wortham asked an oral question relating to the cost of the Council Chamber AVT
equipment. The Portfolio Holder for
Resources responded and the Leader then offered to arrange a meeting between Mr
Wortham and Councillor Barry to discuss the matter and the Portfolio Holder
agreed to circulate to all members a copy of his letter to Mr Wortham.
35.
CHAIRMAN’S REPORT
The Chairman reported on the re-launch of Mappa Vectis
and her visits to Puenteareas, the Hampton Court Flower Show and Buckingham
Palace Garden Party.
The
chairman decided to take the following item of business next as it included a
presentation.
36.
EQUALITIES AND DIVERSITY
Glen Garrod, Strategic
Director for Social Services and Housing, gave a brief presentation on
Equalities and Diversity, the activities to date in this area and the aspirations
that the Council needed to reach.
Following the presentation,
the Portfolio Holder for Resources moved a motion setting
out the Councils commitment.
The motion was
seconded and a debate then took place during which various issues were raised;
in particular that the Council is committed to developing a
comprehensive equalities strategy that will include desired outcomes, with
targets, monitoring arrangements and resource allocation. The Service Planning
Impact Asssessment process will also enable the Council to demonstrate its
commitment to improving service delivery with clear race, gender and disability
objectives and that this work will involve consultation with all stakeholder
groups. It was
also noted that to effectively deal with Equalities and Diversity issues, the
Council had to deal with the various stakeholders in ways that suited the
stakeholder rather than in one particular way.
Following the
debate it was :
RESOLVED :
That
this Council recognises the need to value diversity in sustaining a healthy
Island community and will work proactively:
1. Internally, to ensure equal
opportunities, and
2. Externally with partner
agencies, especially the Local Strategic Partnership, to ensure that all
elements of our diverse and increasingly cosmopolitan society are valued and
supported
37.
MOTION SUBMITTED UNDER PROCEDURE RULE 11 BY
MR R MAZILLIUS CC
The
Council considered the following motion from Mr R Mazillius CC:
“a. That this Council regrets the refusal of
the Portfolio Holder for Resources to recognise the recommendation of the
Resources Select Committee meeting on 5 July
inviting him to refer his delegated decision relating to the disposal of
Council owned land at Ryde seafront to Planet Ice to the Council’s Executive.
b. That
this Council also regrets that the principles of corporate governance are not
best served when decisions involving cross-cutting and strategic issues which
are the responsibility of several Portfolio Holders, are made by an individual
Portfolio Holder under delegated powers.”
During the debate
an amendment was moved by Mr E Fox but as this had the effect of negating the
original motion the amendment was ruled out of order under Procedure Rule 15
(6)(a).
Following further
debate Mr Sutton moved an amendment to replace the existing wording with the
following:
“This Council
recognises that the majority of Executive delegated decisions made speed up the
process and increase capacity. Furthermore the Council recognises that the
issue of land and property acquisition and disposals have proved controversial
in the past.
“In light of these
issues the Council instructs its officers to amend the Constitution regarding
Executive delegated decisions in respect of land and property to ensure all
transactions in the area within an agreed threshold of £20,000 are scrutinised
by the Resources Select Committee who should then instruct whether the
transaction should be taken by delegated powers or by the Council’s Executive.”
This amendment was
seconded and following debate it was
RESOLVED
:
THAT the amendment become the substantive
motion.
Mr Price then
moved a further amendment that this motion should not take effect until it had
been considered by the Corporate Governance Working Party and that they had
reported back to the Council on it.
During the debate
on this amendment the Monitoring Officer gave advice that he considered that
the suggested wording in the motion currently before the Council appeared to
contravene Section 21 of the Local Government Act 2000 in that it sought to
give Executive powers to a Select Committee.
Following further
debate the amendment was put to the vote and lost.
It was then
RESOLVED
:
1.
This Council recognises that the majority of
Executive delegated decisions made speed up the process and increase capacity.
Furthermore the Council recognises that the issue of land and property
acquisition and disposals have proved controversial in the past.
2.
In light of these issues the Council instructs its
officers to amend the Constitution regarding Executive delegated decisions in
respect of land and property to ensure all transactions in the area within an
agreed threshold of £20,000 are scrutinised by the Resources Select Committee
who should then instruct whether the transaction should be taken by delegated
powers or by the Council’s Executive.”
(Immediately
following the voting on the amendments and motion detailed in this minute Mrs M
Miller asked that her abstention from the voting on each occassion be noted in
the minute as she had been unable to be present in the chamber for the whole
debate.)
38.
FINAL ACCOUNTS 2003/04
The Portfolio Holder for Resources presented the final accounts of the Council for the financial
year 2003 – 2004 which incorporated a summary of the outturn position for the
year on a service by service basis, for both revenue and capital expenditure,
and the Statement of Accounts which requires Members approval. The Statement of
Accounts also incorporated the Statement on Internal Control.
RESOLVED :
(a)
THAT
the annual Statement of Accounts, incorporating the Statement on Internal
Control, as attached to the report of the Portfolio Holder for Resources be
approved.
(b)
THAT
the requirement on overspent services to make offsetting savings in 2004-05 be
waived on this occasion only.
(c)
THAT
approval of the Statement of Accounts in future years be delegated to the Audit
Panel, sitting as a properly constituted Special Accounts Committee with the
additional terms of reference: “To consider and approve the annual Statement of
Accounts”.
39.
PETITION FOR FISHBOURNE PARISH COUNCIL
(Further to minute 33 Mrs B Lawson had declared a
personal and prejudicial interest in this item of business. Mrs Lawson had already
left the meeting by this time).
Council considered a report from the Chief Executive
Officer setting out a proposed response from the Council to the recent petition
received for the establishment of a Parish Council for Fishbourne.
RESOLVED :
(a)
That the Isle of Wight Council support the petition for the
establishment of the “Fishbourne” Parish Council.
(b)
That the boundaries of the Parish Council be as
defined by the map presented with the Petition (and as set out in Appendix A to
the report).
(c)
That the Parish Council consist of
six members.
(d)
That the Parish Council area should not be
divided into Wards.
40.
RECOMMENDATIONS OF THE SELECT COMMITTEE AND CO-ORDINATING COMMITTEE
(a)
Adult and Community Services Select Committee – 17 June 2004
Council considered a recommendation from the Adult and
Community Services Select Committee on its Vice Chairman.
RESOLVED :
THAT
Mr R G Mazillius be appointed as Vice Chairman of the Adult and Community
Services Select Committee.
(b)
Fire and Public Safety Select Committee – 21 June 2004
Council considered a recommendation from the Fire and
Public Safety Select Committee on its Vice Chairman.
RESOLVED :
THAT
Miss H L Humby be appointed as Vice Chairman of the Fire and Public Safety
Select Committee.
(c)
Environment and Transport Select Committee – 25 June 2004
Council considered a recommendation from the
Environment and Transport Select Committee on its Vice Chairman.
RESOLVED
:
THAT
Mr M J Cunningham be appointed as Vice Chairman of the Environment and
Transport Select Committee.
(d)
Co-ordinating Committee – 8 July 2004 - Criteria for Call-In
Council considered a recommendation that the number of
members required for a call-in should be reduced to 3 reflecting the change in
the size of the Select Committees from 12 to 9. In moving the motion the Leader
also moved that there should be an additional requirement that all three
members requesting the call-in must be in attendance at the meeting considering
the matter called-in. This motion was seconded. However following debate the
Mover and Seconder agreed to amend the original motion so that at least one of
the members that called-in the matter had to be in attendance at the meeting.
RESOLVED :
THAT the constitution be amended to reflect the
following:
(a)
that the number of Members
of a Select Committee required to activate a call-in to 3; and
(b)
that at least one of the
Members who activated the call-in must be in attendance at the meeting when the
call-in is considered.
41.
EXECUTIVE
a) Recommendation of the Deputy Leader – Best Value
Performance Plan
Council considered a recommendation from the Deputy
Leader that the Best Value Performance
Plan for 2003/04 which includes the annual national and local Performance
Indicator results be adopted.
RESOLVED :
THAT the Best Value Performance
Plan for 2003/04 which includes the annual national and local Performance
Indicator results be adopted.
b)
Reports of the Portfolio Holders
(i)
The Leader
The Leader updated Council
on the meetings and events that she had attended.
The Leader then answered a
number of oral questions relating to the Fire Service Verification Report and
the quality of the report submitted to the Portfolio Holder for Resources on
the proposed terms for the disposal of land adjacent to the Ice Rink in Ryde.
The Leader agreed to write to Councillor Mazillius on the legality of the
delegated decision concerning the disposal of this land.
(ii)
The Deputy Leader
In the absence of the Deputy
Leader no report was submitted.
(iii)
Adult and Community Services
The Portfolio Holder submitted
a written report on a number of matters within his portfolio particularly the
PricewaterhouseCoopers report on Organisational Reconfiguration which he would
be discussing with the Leader of the main opposition group and Couoncillor
Mazillius.
(iv)
Childrens Services
Councillor Buckle submitted
a written question relating to the future of Theatres on the Island (MQ 23/04);
the Portfolio Holder gave a reply.
On behalf of the Portfolio
Holder the Leader reported on a number of matters relating to Childrens services,
particularly the results of the consultation on school reorganisation which
would be considered by the Executive in October and the Looked After Childrens
Awards which would be held on Saturday 25 September .
(v)
Economic Development, UK and EU, Regional Issues
The Portfolio Holder
circulated a written report updating Council on the meetings attended on
various issues.
(vi)
Fire, Emergency Planning and Consumer Protection
The Portfolio Holder
updated the Council on the Fire Verification Report and action he had initiated
following this and his actions concerning the Newport Post Office.
The Portfolio Holder then
answered an oral question on the Fire Verification Report.
(vii) Resources
The Portfolio Holder reported
on his recent attendance at the CIPFA conference.
The Portfolio Holder then
answered a number of oral questions relating to the toilets at Seaview and his
proposal (to be considered by the Executive) of using the net underspend on
members allowances from the previous year to re-instate the budgets for
regattas and carnivals.
(viii) 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 relating to the proposed telephone and public
reception facilities planned for the planning department.
(ix)
Tourism and Leisure
The Portfolio Holder
circulated a written report, updating the Council on his attendance at the
British Resorts Association Annual Conference, activities within Isle of Wight
Tourism and Leisure Services.
The Portfolio Holder then
answered an oral question relating to the beach at Cowes.
(x)
Transport
The Portfolio Holder
circulated a written report, updating the Council on the Bus Contract, proposed
works to Undercliff Drive and the Car Parking Places Order 2004/5.
The Portfolio Holder then
answered a number of oral questions relating to the roadside hedge cutting
contract and the proposed PFI contract.
Before concluding the
meeting the Chairman announced that the August meeting of Council would be
cancelled as there was insufficient business and that at the September meeting
the order for considering the matters from the Portfolio Holders would be
reversed.
The meeting closed at 2.28 pm
CHAIRMAN
