Issue - meetings

To consider the report of the Chief Democratic Services Officer which presents the Scrutiny Board (Culture and Leisure) inquiry report entitled, ‘River Safety Management at Wharfemeadows Park, Otley’.

The Chief Democratic Services Officer submitted a report presenting the final report and recommendations of the Scrutiny Board (Culture and Leisure) following its inquiry into ‘River Safety Management at Wharfemeadows Park, Otley’.

A minority report submitted by a member of the Scrutiny Board (Culture and Leisure) was appended to the report.

The Chair of the Scrutiny Board attended the meeting and presented the Scrutiny report.

RESOLVED – That the contents of the Scrutiny inquiry report be received.

To receive and consider the attached report of the Head of Scrutiny Support and Member Development

The Head of Scrutiny and Member Development submitted a draft final report following the Board’s inquiry into the fencing arrangements made at Wharfemeadows Park, Otley.  The Chair thanked Members for their input into the Inquiry and reference was made to the roles of the Wharfemeadows Action Group (WAG), Otley Town Council and the Royal Society for the Prevention of Accidents.

Members discussed the advice of the Assistant Chief Executive (Corporate Governance) in relation to Recommendation 2 of their report.  Recommendation 2 stated:

‘That all legal advice obtained by the Council is publicly available save in exceptional circumstances to be determined by the Council’s Monitoring Officer.  The reasons for any non disclosure should be made clear by the Monitoring Officer.’

A proposal was made that the report me amended to remove Recommendation 2 and Paragraph 62 and that a further report be brought to address issues raised in Recommendation 2.  This proposal was seconded and subsequently voted against.

Councillor Atha outlined an alternative draft report which he had prepared and had been distributed to Board Members.

A further proposal was made that Recommendation 2 be amended to read ‘That all legal advice obtained by the Council is publicly available save in circumstances to be determined by the Council’s Monitoring Officer.  The reasons for any non disclosure should be made clear by the Monitoring Officer.’  This proposal was seconded and voted in favour of.

RESOLVED –

(1)  That the report be amended as agreed.

(2)  That the report be referred to the Executive for consideration at the   earliest opportunity.

(3)  That the Board considers the response to its report and   recommendations at an appropriate time.

NB Before conclusion of this item, Councillor Atha formally declared his intention to submit a minority report, which, upon receipt, would be appended to the Board’s agreed report.

To consider a report of the Head of Scrutiny and Member Development regarding the Board’s Inquiry into the decision to erect a fence at Wharfemeadows Park, Otley and the general water safety policy of the Council.

The Head of Scrutiny and Member Development submitted a report regarding the Board’s inquiry into the decision to erect a fence at Wharfemeadows Park, Otley and the Council’s general water safety policy.  Appended to the report were two reports prepared by the Royal Society for the Prevention of Accidents (ROSPA) and terms of reference for the inquiry.

The Chair welcomed the following to the meeting:

• Peter Cornall, Head of Water and Leisure Safety, ROSPA
• Chris Ingham, HR Manager (Safety, Well-being and Attendance)
• Sean Flesher, Principal Area Manager (West), Parks & Countryside

Peter Cornall addressed the meeting.  He reported that ROSPA had been working closely with the Council following the tragic drowning incidents in Roundhay Park in 2005.  The work had involved risk assessment, training and site management of water sites.  ROSPA had been requested to look at sites at Wharfemeadows Park and Roundhay Park and site audits were subsequently undertaken.

In response to a question of why the Roundhay and Wharfemeadows sites had been selected, it was reported that these had been chosen by an Officer working group which consisted of representatives from Health and Safety, Legal, Insurance, Education Leeds and others.  ROSPA were then commissioned to carry out site audits as they were considered the most appropriate body to do this.

Further to questions of why Wharfemeadows Park was chosen, it was reported that amongst the reasons was the proximity of the children’s play area and the footpath that ran alongside the river which was used as a school route and route across Otley.  The weir was also considered to be extremely dangerous and it was not always the case to recommend fencing.

Further issues discussed in relation to Member’s questions included the following:

• The main role of ROSPA was to prevent accidents, injury and death.
• The report was based on dangers at the site.
• The fencing was designed to prevent deliberate and accidental access to the water.
• The fencing at Titty Bottle Park would be gated.
• The cost of the fencing was £27,000.

The Chair welcomed Tony Hartigan and Sylvia Reid of the Wharfemeadows Action Group who addressed the Board with the following concerns:

• The decision to erect the fencing at Wharfemeadows Park was taken before the final report provided by ROSPA.  
• ROSPA was a charitable organisation and not a statutory decision making body.
• The report stemmed from the tragic incidents at Roundhay Park for which the coroner’s report only suggested the provision of signage and lifesaving equipment.
• It was felt that the Executive Board was incorrectly influenced and made a flawed decision in February 2007 as the final report was not produced until April 2007.
•  The final ROSPA report referred to cycle ways in Wharfemeadows park where it was clearly signposted that the pathways were ‘no cycling’.

Further comments were made regarding the poor condition of the recently erected fence.  It was reported that work on site was not finished and trhere was still snagging work to be done which would rectify this.

The Chair reported that the  ...  view the full minutes text for item 50

To consider a report of the Head of Scrutiny and Member Development regarding the Board’s Wharfemeadow Fence Inquiry.

The Head of Scrutiny and Member Development submitted a report regarding the Board’s Inquiry into the decision to erect fencing at Wharfemeadows Park in Otley.  Appended to the report was a summary of meetings of the working group that had been established to collate evidence.

Councillor Kirkland reported that it was a contentious issue for the residents of Otley and it had been felt that some of the actions in relation to the proposals had not been transparent, although there was support for fencing to be erected by the weir.  Reference was also made regarding planning application for signage.

Councillor Hanley referred to meetings of the Working Group and events since the last meeting of the Board.  He introduced Sean Flesher, Principal Area Manager, Parks and Countryside to the meeting.

In response to earlier comments, Sean Flesher reported that the contractors were due on site this week to commence works.  The application for planning permission was to be determined by 4 November 2007.  Further to suggestions that the fencing should only be erected by the weir and other recognised danger points at this stage, it was reported that the contractors had been instructed to erect the entire fence and that this should be completed within one week.

Further issues discussed included the following:

• What implications could this have at waterways across the rest of the City?
• Why was Otley, and in particular Wharfemeadows Park chosen for this?
• Project costs would be approximately £126,000.  This included bank stabilisation works.  Costs of the fence alone were estimated at £27,000.

RESOLVED – That the Chair contacts the Leader of the Council and Executive Member regarding suggestions for part erecting the fence and allowing for further consultation on the rest.

To consider a report of the Head of Scrutiny and Member Development in relation to proposed terms of reference for the Inquiry into Wharfemeadows Park Fence and the Council’s Water Safety Policy.

Referring to minute 13 of the meeting held on 16^th July 2007, the Head of Scrutiny and Member Development submitted a report in relation to proposed terms of reference for the Inquiry into Wharfemeadows Park Fence and the Council’s Water Safety Policy.

The following representatives were in attendance to answer Board Members’ questions:-

Councillor J Procter, Executive Member for Leisure

Jean Dent, Director of City Development

Denise Preston, Chief Recreation Officer

In summary, specific reference was made to the following issues:-

·  the need for the Board to be supplied with the verbatim notes of the appropriate full Council meetings

·  the need to add Counsel, a representative from RoSPA and the Chief Executive, Leeds City Council to the list of witnesses

·  clarification of what written information was available regarding legal advice received by the Executive Board

RESOLVED –

(a)  That the contents of the report and appendices be noted.

(b)  That, subject to the addition of Counsel, a RoSPA representative and the Chief Executive, Leeds City Council to the list of witnesses, approval be given to the terms of reference for this Inquiry as now outlined.

(c)  That the Board’s Principal Scrutiny Adviser be requested to seek clarification of the possibility of the Board meeting with Counsel.

To consider a)the report of the Head of Scrutiny and Member Development on the decision of the Scrutiny Board (Culture and Leisure) to request that work to erect a fence at Wharfemeadows Park be suspended whilst a scrutiny enquiry into the issue is undertaken and b) the joint report of the Assistant Chief Executive (Corporate Governance) and Director of City Development commenting upon the request.

The Head of Scrutiny and Member Development submitted a report on the decision of the Scrutiny Board (Culture and Leisure) to request that work to erect a fence at Wharfemeadows Park be suspended whilst a scrutiny enquiry into the issue is undertaken. In conjunction with this the Assistant Chief Executive (Corporate Governance) submitted a report commenting upon the request.

RESOLVED – That the request of the Scrutiny Board be not acceded to and that the decision of 13^th June 2007 (minute 9) be implemented.

(Under the provisions of Council Procedure Rule 16.5 Councillor Wakefield required it to be recorded that he abstained from voting on this matter).

To receive and consider the report of the Head of Scrutiny and Member Development which details a request for scrutiny from the Wharfemeadows Action Group relating to the proposed fencing arrangements within Wharfemeadows Park and the implications city wide.

The Head of Scrutiny and Member Development submitted a report regarding a request for scrutiny that had been received from the Wharfemeadows Action Group.  The request had been made following proposals for fencing arrangements within Wharfemeadows Park and the implications city wide.  The letter outlining the request for scrutiny was attached to the report.

Sylvia Reid, Linda Lukats and Tony Hartigan of the Wharfemeadows Action Group attended the meeting to present the request for scrutiny.

Sylvia Reid addressed the meeting and read a statement of the Group’s request.  Main issues highlighted included the following:-

• The reason for the request for scrutiny was that the decision to install fencing along the River Wharfe and the associated water safety strategy should be fully examined.
• Ward Members were not in favour of the original fencing plan, had lobbied Executive Members not to approve the scheme and had expected their Executive Members to vote against the proposals.
• Plans and studies had indicated a need for greater access to the river.
• That the fencing proposals were linked to the Coroner’s report following the inquest into the tragic drownings at Roundhay Park.
• The Coroner’s report had only recommended improved signage which would have probably cost in the region of a few thousand pounds instead of the £1.5 million pounds the fencing and water policy would cost Leeds
• Local people were informed that the Royal Society for Prevention of Accidents (RoSPA) had instructed the Council to fence off the river even though RoSPA is not a statutory body.
• Concern was expressed that the recommendations were based on an Appeal Court ruling that had been overturned in the House of Lords.
• Otley Town Council unanimously supported the Wharfemeadows Action Group

In support of her submissions, Sylvia Reid made reference to minutes of the meetings of the Executive Board meetings held on 9 February and 16 May, 2007, the verbatim minutes of Council held on 21 Febuary 2007, the Wharfemeadows Action Group deputation to Council on 18 April 2007 and various press articles.

Members suggested that as this issue was such a complex matter that a Working Group could be established to scrutinise the issue in order to be able to report back to the full Scrutiny Board more quickly.  It was also suggested that no work should be undertaken until the conclusion of any Inquiry and that the Board wished to recommend to the Executive Board that officers be instructed to suspend the erection of the fence until the Board published its recommendations.

The Chair made reference to a late submission that had been received from Greg Mulholland, MP for Leeds North West. It was reported that this would be considered as part of any Inquiry into this matter.

Councillor Proctor stated his support for the inquiry and made suggestions relating to potential witnesses.  He also stated that the Executive Board was unanimous in voting in the favour of the original proposals.

Denise Preston, Chief Recreation Officer raised the following points in relation to issues  ...  view the full minutes text for item 13

In accordance with Paragraphs 6.24 and 6.25 of the Area Committee Procedure Rules, at the discretion of the Chair a period of up to 10 minutes may be allocated at each ordinary meeting for members of the public to make representations or to ask questions on matters within the terms of reference of the Area Committee.  This period of time may be extended at the discretion of the Chair.  No member of the public shall speak for more than three minutes in the Open Forum, except by permission of the Chair

In accordance with Paragraphs 6.24 and 6.25 of the Area Committee Procedure Rules, the Chair allowed a period of up to 10 minutes for members of the public to make representations or ask questions on matters within the terms of reference of the Area Committee.

In summary, specific reference was made to the following issues:-

• Wharfemeadows Action Group (WAG)

Tony Hartigan and Linda Lukats, Wharfemeadows Action Group outlined the background to date of their campaign following a recent decision taken by the Executive Board to erect signage and to fence parts of the parks adjacent to the River Wharfe in Otley.

The Action Group requested the support of the Area Committee in the following areas:-

o  to conduct a robust and impartial review of the process; and

o  to restore good faith in local government and the democratic progress

The Area Committee noted the above comments and supported Wharfemeadows Action Group’s request for scrutiny into this matter which would be considered at the Scrutiny Board (Culture and Leisure) meeting on 16^th July 2007.

• Area Action Plan/Car Parking in Guiseley

Michael Dawson, a Guiseley resident made reference to the above issues and circulated copies of two documents for the information/comment of the meeting.

In response to the specific questions raised in one of the documents, the Chair invited Councillor S Andrew to respond to the questions individually.

The Area Committee noted the comments made to date.

• Speed Indication Devices in Pool and Wharfedale

Hazel Lee, Pool Parish Council made reference to the above issue and enquired if there was any Council funding available for the installation of speed indication devices, especially in the vicinity of Pool Primary School where there had been evidence of cars speeding.

Following a discussion, Members requested North West Area Management to consult with Highways requesting a paper to be submitted to the next meeting in September 2007 on the cost implications to include the evidence of speeding undertaken by Pool Parish Council.

To consider the attached reports and a further report to be circulated following agenda despatch.

Further to minute 241 of the meeting held on 16^th May 2007 the Chief Recreation Officer and Assistant Chief Executive (Corporate Governance) submitted a  report presenting the previous report on the need for water safety measures at the above location, on public meetings held and on the intention to circulate a further report to the Board following a display of the options at Otley Civic Centre on 8^th June 2007.

Further reports as referred to in minute 1 were also considered.

RESOLVED –

(a)  That the scheme to erect signage and to fence parts of the parks adjacent to the River  Wharfe as detailed graphically in Appendix four to the report submitted to the Board on 16^th May 2007 be implemented as soon as is practically possible.

(b)  That the height, design and colour of the fencing be as described in the report tabled at this meeting following the recent consultation exercise.

  (Under the provisions of Council Procedure Rule 16.5 Councillor Wakefield required it to be recorded that he abstained from voting on this decision).

To consider the report of the Chief Recreation Officer on proposals to improve water safety at Wharfemeadows Park, Manor Park and Tittybottle Park, Otley.

RESOLVED – That consideration of proposals to improve water safety at Wharfemeadows Park, Manor Park and Tittybottle Park, Otley be deferred to the June meeting of the Board excepting that the Chief Recreation Officer be requested to progress fencing proposals by the river in the vicinities of the weir and the children’s play area.

Four deputations were admitted to the meeting and addressed Council as follows:

1  Royal Society of St George (Leeds Branch) seeking the Council’s support for their Annual Festival and Family Fun Day

2  Wharfe Meadows Action Group regarding the proposed fencing of the River Wharfe in Otley

3  Sikh Welfare Trust regarding the provision of community language teaching in Leeds Secondary Schools

4  Parents and Carers Action Group to save Terry Yorath House

RESOLVED – That the subject matter of the deputations be referred to the Executive Board for consideration.

To consider the report of the Director of Learning and Leisure informing Members of the outcome of the Coroner’s Inquest into the tragic drowning of 2 teenagers at Roundhay Park, the subsequent actions regarding water health and safety issues and to seek approval of the Policy on the Safety Management of Open Water which is attached at Appendix 3.

The Director of Learning and Leisure submitted a report informing Members of the outcome of the Coroner’s Inquest into the tragic drowning of 2 teenagers at Roundhay Park, the subsequent actions regarding water health and safety issues and to seek approval of the Policy on the Safety Management of Open Water which was attached as Appendix 3.

RESOLVED –

(a)  That the Policy on the Safety Management of Open Water be approved and adopted and that Directors be requested to implement the Policy as detailed in paragraph 5.3 of the report.

(b)  That the ‘Wise up to Water’ lifesaving Water Safety Project for young people be endorsed.

(c)  That provision within the Capital Programme to ensure that the result of the remaining risk assessments can be implemented be approved.