MINUTES OF A MEETING OF THE COUNCIL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON WEDNESDAY 23 MAY 2001 COMMENCING AT 10.00 AM

Present :

Mr V Morey (Chairman), Mr B E Abraham, Mr R R Barry, Mr A C Bartlett, Mr M G Barton, Chevalier J A Bowker, Mrs T M Butchers, Mr C B W Chapman, Mr A C Coburn, Mr M J Cunningham, Mr J Effemey, Mr E Fox, Mr P G Harris, Mrs A E Hewitt, Mr A D Hollands, Miss H L Humby, Mrs M A Jarman, Mr G S Kendall, Mr D J Knowles, Mrs B Lawson, Mrs A Leigh, Mr J Manners, Mr R G Mazillius, Mrs M J Miller, Mr A J Mundy, Mr G A Nichols, Mr P A Nightingale, Mr K Pearson, Mr H Rees, Mrs S A Smart, Mr J Spence, Mr R A Sutton, Mr A A Taylor, Mr P R Tuck, Mrs J L Wareham, Mrs C T G Webb, Mrs J White, Mr G Wilson, Mr D T Yates

Apologies:

Mrs D Gardiner, Mr O C Huggins, Mrs L E Rogerson, Mr P A Fuller

Members of the Public: 5

RESOLVED

THAT the minutes of the meeting held on 11/12 April 2001 be confirmed subject to the following amendments:

Minute 145(a)(vii) with the word 'sustainable' to be added before 'tourism.'

Minute 149 - Question to the Spokesperson for Resources - to clarify that the Question by Mr Mazillius referred to his concern as to the sale price of the Prince Consort.

156. MR NORMAN DEVALL

The Chairman reported on the recent death of Mr Norman Devall. Tribute was made to his service to the Council.

RESOLVED

THAT there be placed on record the sincere regret of this Council at the death on 6 May 2001 of Mr Norman Devall, who had been a member of this Authority since May 1998, and that the Council's condolences be conveyed to his family.

157. PUBLIC QUESTION TIME

(a) Mr Starke asked a series of questions relating to the Unicentre investigation.

The Chief Executive replied that he would send him a written reply.

(b) Mrs S Newman asked the following question:

What would the Council do to improve the road safety at Greenmount school in the light of recent incidents?

Mr Fox, Chairman of Environment and Transport Select Committee replied that he was fully aware of this problem, and would give it the highest priority.

(c) Mr Wortham asked the following question:

In view of the many large potholes on Island roads, what was the Council's compensation policy regarding damage to vehicles that they may cause.

The Chief Executive replied that the Council had an insurance company to deal with claims, however it was not possible to give a general statement about liability because each case was individual. He advised that members of the public should report potholes to the Highways Department.

Mr Wortham was advised that Mr Fisher the Director of Corporate Services would contact the insurance company and write to Mr Wortham explaining what the policy was

(c) Mrs G Kinsley asked the following question:

Would the Council help couples to exercise their right to buy from Medina Housing Association

The Chief Executive replied that the matter would be investigated and a written reply would be sent.

158. LAST COUNCIL MEETING

The Chairman reported that this was the last meeting that Mr C P Boswell, Mrs A E Hewitt, Mr J Manners and Mrs L E Rogerson would be attending as they were not standing in the forthcoming Council Elections. Members gave their thanks for their support and hard work.

159. LEADERS REPORT

The Leader updated members that in view of new cases of Foot and Mouth breaking out in Wales and Yorkshire. The Island would remain vigilant and ensure that disinfectant mats continue to be used and replaced as necessary. The Island has obtained permission to implement livestock collection areas, which will allow farmers with lower levels of stock to share cattle lorries to take them to abattoirs .

The Leader also thanked members and officers for their support throughout the last year in her role as Leader of the Council.

160. MINUTES OF THE STANDARDS COMMITTEE

The minutes of the Standards Committee were received.

161. NOTICE OF MOTION -STANDING ORDER NO 7

(a) Motion as Submitted by Mr G A Nichols:

The Council considered the following motion as submitted by Mr G A Nichols:-

"This Council has received the report of the Standards Committee concerning the conduct of Councillor Mrs B E Foster, and noted it's contents with the most serious concern. It believes that her conduct as set out in the report is deserving of the strongest censure.

In view of the Committee's findings Councillor Foster should be invited to make a full apology to the Council for her conduct and to consider her future position as a member of it."

During the course of the debate an amendment to the motion was moved by Mr Barton and seconded by Mr Barry. The amendment was:

"This Council has received the report of the Standard's Committee concerning the conduct of Councillor Mrs B E Foster.

In view of the Committee's findings Councillor Foster should be invited to make a full apology to the Council for her conduct."

Prior to the vote being taken on the amendment four members asked for a named vote to be recorded in the Minutes in accordance with Standing Order 13(3)

The voting for the amendment was as follows:

For (9) Councillors Barry, Barton, Harris, Hollands, Mrs Jarman, Mrs Smart, Mrs Wareham, Mrs White, Mr Wilson.

Against (15) Councillors Bartlett, Bowker, Mrs Butchers, Cunningham, Effemey, Mrs Leigh, Manners, Mazillius, Mundy, Nichols, Nightingale, Spence, Sutton, Taylor, Mrs Webb.

Abstentions (11) Councillors Chapman, Coburn, Fox, Miss Humby, Knowles, Mrs Lawson, Morey, Pearson, Rees, Tuck, Yates.

The amendment was lost.

Prior to the vote being taken on the original motion four members asked for the vote to be recorded in the Minutes in accordance with Standing Order 13(3).

Voting for the motion was as follows:

For (16) Councillors Bartlett, Bowker, Mrs Butchers, Cunningham, Effemey, Mrs Leigh, Manners, Mazillius, Mundy, Nichols, Nightingale, Spence, Sutton, Taylor, Mrs Webb, Yates.

Against (0)

Abstentions (19) Councillors Barry, Barton, Chapman, Coburn, Fox, Harris, Hollands, Miss Humby, Mrs Jarman, Knowles, Mrs Lawson, Mrs Miller, Pearson, Rees,

Mrs Smart, Tuck, Mrs Wareham, Mrs White, Wilson.

It was therefore

RESOLVED

THAT this Council has received the report of the standard's Committee concerning the conduct of Councillor Mrs B E Foster and noted it's contents with the most serious concern. It believes that her conduct as set out in the report is deserving of the strongest censure.

In view of the Committee's findings Councillor Foster should be invited to make a full apology to the Council for her conduct and to consider her future position as a member of it.

(b) Motion Submitted by Mr J Spence:

The Council considered the following motion as submitted by Mr J Spence:-

"Members who saw the teachers' Easter conference may have noticed the grave concern with which they viewed the workings of the exclusion from the school policy.

They are often unable to impose sanctions, and the behaviour of a few is destroying the atmosphere and effectiveness of teaching in some classes for many children who want to learn.

Children are suffering as a result, so is the health of teachers, with too many off on long term sick leave.

What has this Authority done to measure the effects of social exclusion, what are those measurements, and what can we advise the DfEE from them?

Should nothing have been done by us to measure the problem, and advise the DfEE, this Council instructs its Education Select Committee to gather the information from each head-teacher and other stakeholders, and having debated the issues, then propose a political solution to help remove the problem."

During the course of the debate several amendments were proposed and with the acceptance of the original proposer and seconder were incorporated in the motion, and it was.

RESOLVED

This Council congratulates our hard working teachers, governors and other school staff on their efforts to contain and resolve these difficulties and instructs a cross cutting working group to seek to measure the effects of the problem and to investigate urgently how we can better support and assist our schools in carrying out this task and advise the DfEE on our conclusions.

162. QUESTIONS TO THE SPOKESPERSONS

Questions to the Leader

(a) Mr Nichols asked in a written question to the Leader if she was aware that on Friday evening last over 100 youths, high on drink and drugs, were misbehaving in the Hope Road and Hope Beach area of Shanklin causing substantial damage to property and apprehension to people in the area?

The estimate of "over 100" participating was from the police, overheard on the police band radio.

This was the second year running that this behaviour had occurred and the police presence was powerless to deal with the situation- a fact confirmed from their radio.

Did the Leader accept that whilst the Council was spending around �1.5M on the "Dinosaur Experience" ostensibly to attract visitors to Sandown, unacceptable behaviour in Shanklin was driving them away? Would she arrange for the Chief Executive to have urgent discussions with the Chief Constable aimed at reinforcing police numbers during the summer season? Did she accept that the Island's enviable reputation for law and order is being put at risk by this behaviour?

Finally, can she give the date when work will start on demolishing the white shelter on Hope cliff now that planning consent had been given, finance agreed and contracts let? This shelter was a place of consort for these youths.

The Leader replied that she had been advised that Police had responded to calls from the public and no offences occurred whilst police were in attendance. They were aware of juvenile problems and possible numbers, and as a consequence police patrols had been paying attention and additional patrols had been brought in for high visibility patrols to deter petty vandalism and drunkenness.

As a matter of course letters were sent by the police to parents of young people spoken to. Police regularly seize alcohol from under age youngsters and some had been taken directly home to parents.

Police Liaison Councillors (County and Town) for both Shanklin and Sandown did from time to time accompany police patrols on weekend late shifts. Three Councillors have been out in the last month with patrols and they have been more than happy with the police response to the problems.

She had asked the Chief Executive to raise the matter at the next meeting of the Local Community Safety Partnership. If necessary the Council's representative on the Hampshire Police Authority could also take the matter up with Superintendent Dawson.

With regard to the shelter on Hope Cliff it was anticipated that a start on the scheme could commence within the next month as funding had now been agreed between the Council and Shanklin Town Council.

(b) Mr Barton referred to increasing regional controls and asked the Leader if the Island was pro-active with industry and business on job creation.

The Leader indicated the substantial work being undertaken with the IW Partnership and the encouragement being given to businesses.

(c) Mrs Leigh asked the Leader as to whether she was aware of rumours that 7,500 people from Liverpool, Manchester and Coventry were to be rehoused on the Island.

The Leader stated that the Council's Housing Section were unaware of this and had it appeared that the matter had first been reported on the Radio.

(d) Mr Cunningham asked if the Leader would share in the congratulations to Newport Football Club on its recent success in winning promotion to the Dr Martins Premier League.

The Leader said that she would and the Chairman of the Council would shortly be hosting a reception for the team.

(e) Mr Spence asked the Leader if she was aware of proposed housing development in Ryde on the site of an existing factory unit.

The Leader indicated that she was not aware of any planning application.

(f) Mr Yates referred to the question earlier in the meeting by Mrs Leigh and asked the Leader if there was any protection for Island residents to be rehoused before mainland tenants.

The Leader replied that there were agreements with the Housing Association on nomination rights. If the development was private there was no control.

Questions to the Spokesperson for Education and Life Long Learning

(a) Mr Barton asked in a written question to Mr Harris, as to whether the Education Authority accepted that pupils in East Cowes qualified in respect of the three mile limit because the Floating Bridge was not a road.

Mr Harris replied that the continuation of free transport for pupils living in East Cowes and who are attending Cowes High School would be considered by the Education Community Development and Life Long Learning Select Committee and the Executive Committee.

Questions to the Spokesperson for Transport

(a) Mrs Miller asked in a written question to Mr Cunningham, as to what action he would take, in his few remaining days as Spokesperson, to alleviate the traffic problems in East Cowes?

Since the start of the Fairlee Road works this Council had been advising motorists to use the floating bridge instead. She was aware that this increased revenue for this authority but it was causing considerable nuisance to the people of East Cowes. The increased volume of traffic to the floating bridge combined with Red Funnel's vehicles for shipment was causing the town to become regularly gridlocked. The situation was not eased by Red Funnel refusing to use their new check-in facility in their enlarged marshalling yard. She had contacted Andy Morris to request a shuttle service on the floating bridge, but did not know if this was happening, as the situation had not improved as yet.

When the residents of Fishbourne Lane experienced the occasional problem due to Wightlink operational difficulties, everyone and his dog had a fit of the vapours and sought an immediate cure. East Cowes suffers traffic congestion due to Red Funnel on a regular basis and all we got was a shrug of the shoulders.

Perhaps a couple of traffic wardens or police could be deployed to prevent people stopping on the nearby pedestrian crossing, on the box junction and blocking Clarence Road?

Mr Cunningham replied that to try and spread the traffic loadings the media had been asked to suggest motorists travelling from Ryde or East Cowes considered using the floating bridge, at peak hours, while the temporary Halberry Lane / Staplers Road and Fairlee Road gyratory was in place.

The Floating Bridge Manager had increased the frequency of the bridge to operate a shuttle service during the rush hours. Pressure was also being brought to bear on Whitbreads to reduce the duration of their roadworks from the original 12 weeks.

He would ask the Head of Highways to take up the matter of the check-in facility with Red Funnel management. The matter of vehicles stopping on the pedestrian crossing and box junction would be brought to the attention of the police.

(b) Mr Mazillius asked in a written question to Mr Cunningham, if he shared his concern at the proliferation of trade advertisements on highway road signs, traffic lights, railings etc, often in places where motorists eyes should be concentrating on traffic, pedestrians, road warnings etc and not on adverts extolling the attractions of furniture sales, rock and roll tribute bands and the like.

If the Council was to continue to "allow" this dangerous and unlawful means of free advertising was the Council not making ourselves liable in the event that such distractions result in an accident.

So should we not rigorously prosecute the firms concerned and remove their signs as soon as they appeared, many remaining in place for over a week!

Mr Cunningham replied that he shared Councillor Mazillius's concerns with regards to illegal advertising on the highway. There was a standing instruction to the Area Highways Superintendents and Highway Inspectors to remove all illegal signs when noticed. The main problems occured at weekends when mainland traders erect large numbers of signs on street furniture when highways staff would not notice them. The Principal Engineer ( Highway Maintenance) did catch a trader erecting signs on a Saturday 2 weeks ago and forced him to remove the sign. The only way to deal with this weekend problem would be to send out a contractor to remove all illegal material and then try to recharge the costs to the culprit. Previous experience had shown that these sums were rarely paid since the business knew the Council's legal costs would exceed the sum owed.

Section 149 of the Highways Act 1980 covered the " removal of things so deposited on highways as to be a nuisance" This allowed the Council to serve Notice on the person who deposited it requiring the item be removed. However this legal process did not lend itself to the problem of fly posting. If the Council considered that there was a potential danger to highway users they may remove the sign immediately and recharge the costs and this was what would normally happen.

(c) Mr Effemey asked in a written question to Mr Cunningham, that he would probably be aware of his communications to officers and to the Executive regarding parking meters, installed at Queens Rd and Mornington Road Cowes and that this area was officially designated "Rural Beach"

He had recently made it abundantly clear to those concerned, of the abysmal financial returns being received and his findings from the figures supplied by the Highways car park department. In respect of Queens Road for the months of April, May, June, July 2000 the 50 spaces generated 41 pence per space per day. In respect of Mornington Road for the months of April, May, June 2000 the spaces generated 0.38 pence per space per day.

To date the Council had chosen to ignore his figures, but had been told it would look at the situation at the next All Island Parking Review, which was most unsatisfactory.

Any not too clever businessman would assess this enormous loss making venture, and remove the machines, (Medina Borough Council did so in the eighties) or were we to continue policing this area with expensive staff, who could be made more use of elsewhere?

Adding to the mistake made the refreshment kiosk at the Green, concessioned to Mrs Wratten, had experienced a dramatic down turn in passing trade, because of no cars parking adjacent, which was totally unfair, to someone trying to meet peoples need, and at the same time be tourist friendly.

On Monday 21 May 1115 hrs (a perfect sunny warm day) he had just returned from the sea front where there was one solitary car parked. He checked with the driver who was reading a newspaper, and to quote:- 'was having a pleasant read, but would move off if a Council Inspector should appear'.

The question was when were the Parking Meters to go?

Mr Cunningham replied that a capital investment had been made in installing the machines and tariff boards, and as such there were no plans to remove them. It was envisaged that, with the change in policy effecting the patrol and enforcement of pay and display areas, that income generated here will increase on last years figures of �5446.14.

(d) Mr Coburn asked Mr Cunningham whether Newport's Chapel Street car park would be changing from long stay to short stay, and if so when.

Mr Cunningham replied that consultation had been completed, and that the matter would be going to the Executive.

(e) Mr Barry asked Mr Cunningham whether the Council could be reimbursed by Southern Vectis for the period when the Company did not operate a service in the St Helens/Nettlestone/Seaview area.

Mr Cunningham indicated that he would find out the position.

(f) Mr Barton asked Mr Cunningham as to the reasons for the installation of traffic signals at the Long Lane/Staplers junction and who took the decision.

Mr Cunningham indicated that these had been installed on the grounds of road safety on the advice of officers

Questions to the Spokesperson for Public Safety, Environment and Waste.

(a) Mr Mazillius asked in a written question to Mr Kendall, as to the recent press reports of concern by Sir William Stewart, a leading expert on the health effects of mobile phone technology, that the new national police radio system TETRA uses extremely low frequency pulses similar to those used by the human brain and as a result Sir William had advised that use of this frequency should be avoided.

In view of the stature of Sir William Stewart within the scientific community, what steps was the Isle of Wight Council taking to ensure that mobile phone masts using this ultra low frequency would not pose any danger to the health of Isle of Wight residents and visitors.

Mr Kendall replied that he understood that the comments made by Sir William Stewart related to the new national police radio system, TETRA. Following consultations with a representative from the National Radiological Protection Board, it was understood that this system operated at a different frequency to those used by the mobile phone operators. More importantly, it was the amplitude modulation utilised by the handsets which differed and might have some bearing on concerns for health. He was advised that the handsets used by the TETRA system had an amplitude modulation of 16 Hz, whilst mobile phone handsets had an amplitude modulation of 217 Hz, many times higher than the TETRA system.

The research carried out by the Independent Expert Group on Mobile Phones (IEGMP), under the chairmanship of Sir William Stewart and subsequently published in what was commonly referred to as the Stewart Report, dealt with the issue of efflux. Calcium played an important role in the function of neurons and other cells and the report highlighted the fact that considerable work had been carried out on the effects of RF (radio frequency) fields on calcium movement in brain tissues. The conclusion of this research, and the basis of the comments made by Sir William Stewart, was that, as a precautionary measure, an amplitude modulation around 16 Hz should be avoided.

It was understood that the amplitude modulation for mobile phone installations in areas accessible to the public was such that it did not conflict with the advice of the IEGMP and Sir William Stewart. The report advised that for base station emissions, exposure of the general population to such emissions is normally at levels of intensity many times less than those from mobile phones themselves.

Question to the Spokesperson for Tourism and Leisure.

(a) Mr Barton asked in a written question to Miss Humby, as to whether the Council would consider the merits of divorcing itself from direct control over Tourism and adopt an enabling role in order that the more entrepreneurial needs of Tourism could be fulfilled.

Miss Humby replied from the 1^st April 2001, Isle of Wight Tourism, both the marketing and promotional arm based at Westridge, and the 7 Tourist Information Centres, commenced a fundamental service review as part of the Isle of Wight Council's Best Value programme.

This review was designed to establish:

1. How effective and efficient the service was when compared to other similar organisations up and down the country.

2. Whether those services were in fact in line with Island business, resident and visitor expectations (all stakeholders)

3. Whether the services could be delivered in a better way, and finally

4. Whether the Isle of Wight Council should be funding these types of services at all.

Therefore the Council was certainly considering the merits of all aspects of how Isle of Wight Tourism was operated with a view to improving quality wherever possible.

She also pointed out that a detailed appraisal of alternative delivery options would be costly likely to require external advice. Meanwhile the Council's successful partnership with ITIA, through the Tourism Partnership (under which the Council has substantially increased the Tourism budget in each of the last 2 years) continued to operate.

Question to the Spokesperson for Economic Development and Regional Issues

(a) Mr Barton asked in a written question to Mr Rees, as to whether the Council would work towards the establishment of a more proactive marketing policy in respect of the Isle of Wight.

Mr Rees replied that a great deal of good work already went into marketing the Island, through the Tourism unit (holidays and attractions), the Isle of Wight Partnership (inward investment and jobs) and the Council's Communications Unit which lead on the Council's activities generally. He had asked the Chief Executive to call the respective marketing personnel together to consider whether there are any improvements that could be made.

163. REPORTS BY CHAIRMAN OF THE SELECT COMMITTEES

The Chairman of the Select Committees gave, where appropriate, an oral report of the work undertaken by their Select Committees.

164. MINUTES OF COMMITTEES UNDER DELEGATED POWERS

The minutes of the undermentioned committees, consisting of decisions taken under delegated powers, were received:

Planning Committee - 3 April 2001, 19 April 2001, 24 April 2001 and 4 May 2001.

Licensing Committee - 27 April 2001.

Regulatory Committee - 17 April 2001.

CHAIRMAN