MINUTES OF A MEETING OF THE COUNCIL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON WEDNESDAY, 9 JULY 2003 COMMENCING AT 10.00 AM

Present :

Miss H L Humby (Chairman), Mr B E Abraham, Mr J R Adams, Mr R R Barry, Mr A C Bartlett, 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, Mrs M A Jarman, Mr G S Kendall, Mr D J Knowles, Mrs B Lawson, Mr C H Lillywhite, Mr R G Mazillius, Mrs M J Miller, Mr A J Mundy, Mrs E Oulton, Mr K Pearson, Mr H Rees, Mr R C Richards, Mrs S A Smart, Mr I R Stephens, Mr R A Sutton, Mr A A Taylor, Mrs J L Wareham, Mrs J White, Mr J A M D Whittaker and Mr D G Williams

Apologies :

Mr J A Bowker, Mr B C Buckle, Mrs B E Foster, Mr P D Joyce, Mrs M J Lloyd, Mr V J Morey, Mr G P Price, Mr D T Yates

36. MINUTES

RESOLVED :

THAT, subject to the addition of the following additional resolution to Minute 34 (c), the Minutes of the meeting held on 11 June 2003 be confirmed:

“Through its membership of the Local Government Association the Council calls upon all Councils to support the referendum and lobby the Government.”

37. DECLARATIONS OF INTEREST

Mrs B Lawson declared a personal interest in Minute Number 43 – Proposed Extension of the Eastern Boundary of Wootton Parish Council – as she is a member of the Isle of Wight Association of Parish and Town Councils.

38. PUBLIC QUESTION TIME

Questions were put to the Chairman as follows :

Mr Howes concerning the setting of this year’s Council Tax level to which the Leader gave an appropriate reply (PQ 30/03).

Mrs Swan asked an oral question relating to a recent decision concerning an SEN matter – the Portfolio Holder for Education and Life Long Learning replied accordingly.

39. CHAIRMAN’S REPORT

The Chairman reported on the her recent visit to Peunterareus, the Island Games in Guernsey, disappointment that the Island had not been successful in its bid to host the Island Games in 2007 and that there would be a presentation to Mrs Liz Knowles following the meeting to mark her retirement from the Council.

40. MOTION SUBMITTED BY MR D KNOWLES CC UNDER PROCEDURE RULE 11

The Council considered a motion submitted by Mr D Knowles CC reminding the Council of the Crime and Disorder Strategy and seeking the support of all agencies in tackling anti-social behaviour. At the commencement of the debate Mrs Judi Griffin, Mr Mike Carey, Mrs Nicki Haytack and Superintendent Kilbride from the Crime and Disorder Partnership were introduced to Members.

At the conclusion of the debate Superintendent Kilbride made a brief statement on policing on the Island and thanked the Council for its support for his officers.

RESOLVED :

THAT all Members be reminded of the Council’s Crime and Disorder Strategy as adopted by the Council at its meeting on 20 March 2003 and that particular emphasis be placed on the tackling anti-social behaviour (that frequently leads to crime and disorder) by all the agencies involved. In agreeing this emphasis the Council calls upon all agencies and partners (with particular reference to those Licensed to sell alcohol) to work together to reduce anti-social behaviour and where necessary to issue Anti-Social Behaviour Orders and/or Acceptable Behaviour Contracts.

41. BUSINESS DEFERRED FROM THE LAST COUNCILMEETING – DEVELOPMENT OF THE FULL COUNCIL MEETING

The Council considered a motion from Mr A Sutton CC that had been deferred from the last meeting, concerning the process for the appointment of the Chairman of the Council.

Following debate it was

RESOLVED :

(a) THAT the Council respects and values the independence of the Chairman. In order to demonstrate that the office of the Chairman is beyond the political arena, the Council will, when electing its Chairman, ensure that all members of the Council have the opportunity to serve as Chairman from time to time.

(b) THAT furthermore, in order to achieve this, the Council asks Group Leaders to search for a mechanism of “Best Practice” nationally to ensure that never again can the appointment of Chairman be seen as a political gift by the island’s electorate.

42. MOTIONS SUBMITTED BY MRS D GARDINER CC UNDER PROCEDURE RULE 11

The Council considered a motion from Mrs D Gardiner CC requiring that the 2005 local elections be held entirely as a postal ballot as recent research and electoral pilots had shown that this improved electoral turnout.

During the debate an amendment was moved by Mr R Barry CC for the 2005 elections to be held by a variety of means subject to a detailed scheme being agreed by the Council. This amendment was put to the vote and approved.

A further amendment was then approved for a Working Party to work up an appropriate scheme.

During the debate the Chief Executive Officer explained that under the legislation any proposals for a pilot scheme could only be achieved following consultation.

RESOLVED :

THAT this Council, noting with concern the low voter turnouts at the 2001 elections and particularly at the recent by-election, determines to conduct the 2005 local elections using a range of different voting arrangements, so that people have a choice of how and where they vote, depending on the legislative requirements at that time and the agreement of a detailed scheme (which will include full financial and other implications and will be prepared by the Head of Legal and Democratic Services and a Working Party) by the Council.

43. POSSIBLE EXTENSION OF THE EASTERN BOUNDARY OF WOOTTON PARISH COUNCIL

The Council considered a report form the Portfolio Holder for Resources on the outcome of the two consultation exercises undertaken following the request from Wootton Parish Council to extend its eastern boundary. The exercises had demonstrated insufficient support for emparishment in this area.

RESOLVED :

THAT the Council conclude that there is insufficient support for the emparishment of the Binstead Electoral area or any part thereof.

44. RECOMMENDATIONS OF THE STANDARDS COMMITTEE

The Council considered the recommendations of the Standards Committee on improving the current arrangements for Members indemnity and insurance to try and ensure that there is sufficient protection for Members who face libel or slander allegations or unproven allegations to the Standards Board as a consequence of them undertaking their official duties in a responsible manner.

RESOLVED :

(a) THAT the following policy be adopted with regards to Members’ indemnity in defending libel actions against Members:

(i) That the Council may meet, in cases where the insurance cover for defending defamation cases applies, the percentage of uninsured costs or damages where it is advised it is legally able to do so, on a case by case basis.

(ii) That no indemnity is offered to Members defending defamation cases where insurance cover does not apply.

(iii) That indemnity for the costs of defamation proceedings brought by a Member will only be considered by the Council following receipt of legal advice sought and paid for by the Member concerned which advises there is a substantial defamation and good prospects of successful proceedings.

(iv) That the Standards Committee make a recommendation in any case (including whether an excess should be applied) where funds are likely to be committed by the Council to indemnify a Member in any of the above circumstances.

(b) THAT the Council adopt the following policy for the payment of a Member’s costs in defending themselves against an allegation to the Standards Board:

That the Council indemnifies Members for reasonable costs of defending themselves against a complaint to the Standards Board where:

(i) The Member has been cleared of all or part of the allegation; and

(ii) The Council is advised it is legally able to do so, on a case by case basis, and

(iii) That the Standards Committee makes a recommendation in any case where funds are likely to be committed by the Council to indemnify a Member under this policy.

45. EXECUTIVE

(a) Best Value Performance Plan 2002/03

The Council considered a recommendation from the Executive to adopt the Best Value Performance Plan 2002/03.

RESOLVED :

THAT the Best Value Performance Plan be approved.

(b) Executive - Reports Of The Portfolio Holders

(i) The Leader

The Leader indicated that she had nothing to report.

(ii) The Deputy Leader

The Deputy Leader had nothing to report.

(iii) Economic Development, UK and EU, Regional Issues

The Portfolio Holder circulated a written report updating members on a number of regional and European issues.

(iv) Education and Lifelong Learning

The Portfolio Holder updated members on additional funding that had been made available to schools.

(v) Fire, Emergency Planning and Consumer Protection

Mr Whittaker submitted a question (and was given a reply) on CCTV cameras (MQ22/03).

(vi) Resources

The Portfolio Holder indicated that he had nothing to report.

(vii) Social Services and Housing

Mr Whittaker submitted a question on the anti-social behaviour issues surrounding Eversleigh House – the Portfolio Holder agreed to respond verbally to Mr Whittaker after the meeting.

(viii) Sustainable Development, Environment and Planning Policy

The Portfolio Holder agreed to circulate the outcome of the Islands response to the GM debate.

Mr Bartlett submitted a question (and was given a reply) on the proposed SSSI along the southern coast of the Island (MQ 23/03).

(ix) Tourism and Leisure

The Portfolio Holder updated members on a number of successful events in the last month that Wight Leisure had been involved in.

(x) Transport

Mr Whittaker submitted a question (and was given a reply) on the problems of enforcing parking (MQ24/03).

The Portfolio Holder updated members on a number of issues particularly confirmation from the Department of Transport that no proposal to close the Island Line had been submitted and the progress of the works on the Military Road.

The meeting closed at 15.05.

CHAIRMAN