Agenda and minutes

To declare any personal / prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct.

Councillor Atha declared a personal interest in Agenda item 9, Inquiry into Middleton Park Equestrian Centre due to his position as trustee of the Centre.  (Minute No. 51 refers).

Councillor Mulherin declared personal interest in Agenda Item 9, Inquiry into Middleton Park Equestrian Centre due to her position as a Governor at Joseph Priestley College.  (Minute No. 51 refers).

Councilor Kirkland declared a personal interest in Agenda Item 8, Inquiry into Wharfemeadows Park Fencing and the Council’s Water Safety Policy due to his position on Otley Town Council.  (Minute No. 50 refers).

An apology for absence was submitted on behalf of Councillor Arif Hussian.

To approve as a correct record the minutes of the meeting held on 8 October 2007

RESOLVED – That the minutes of the meeting held on 8 October 2007, be confirmed as a correct record subject to the inclusion of the following comments:

• Councillor Mulherin joined the meeting during the discussion of Item 9, Major Projects Update. (Minute no. 39 refers).
• Minute no.39 – Major Projects Update – An update report was requested on progress at Roundhay Mansion.  It was agreed that a report would be submitted to a future meeting.

Minute no. 39 – Major Projects Update

Concern was expressed over proposed measures to prevent skateboarders and the cost of these measures.  It was requested that The Executive Board be contacted and asked that enforcement of existing bye laws be enforced to prevent skateboarding around the City Museum and Discovery Centre.

To note the minutes of the Executive Board held on 17 October 2007.

With regard to Minute no.8, The Mansion, Roundhay Park, it was requested that further information be presented to the Board on the selected options.

RESOLVED – That the minutes of the Executive Board held on 17 October 2007 be noted.

To note the minutes of the Overview and Scrutiny Committee held on 11 September 2007.

In response to a query on Minute no.31, Annual Audit and Inspection Letter, and a concern regarding the City’s rating drop in the ‘Culture’ block, it was reported that there would be a performance update at the Board’s next meeting.

RESOLVED – That the minutes of the Overview and Scrutiny Committee held on 11 September 2007 be noted.

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 which updates Members on the Inquiry into the Middleton Park Equestrian Centre and provides information on the management agreement currently in operation between the Equestrian Centre and the Council.

The Head of Scrutiny and Member Development submitted a report regarding the Board’s Inquiry into Middleton Park Equestrian Centre.  Appended to the report was a copy of the management agreement currently in operation between the Equestrian Centre and the Council.

Councillor Atha addressed the Board on behalf of the trustees.  The following issues were highlighted:

• That trustees of the centre were not personally liable for any debts.
• That the 1999 agreement had stated that the Council would cover all expenses other than horses and tack.
• He had referred the previous report, which contained exempt information, considered by the Executive Board and this Board to the District Auditor, as it was felt that it contained misleading information.
• The centre’s running costs and any losses incurred were compared to those of sports centres.

Further issues discussed by the Board included the following:

• Documentation and reports relating to the establishment of the Centre were requested.
• That a request be made for funding arrangements to remain until the Trustees had met with the Council.
• Provision at the centre – the centre catered for approximately 220 rides a week including carriage rides for the severely disabled.

Pat Kelly, Legal and Democratic Services reported that current funding arrangements would remain in place util the end of the financial year.  He also referred to exchanges of correspondence between the centre and the Council and that a consensus had not yet been reached.

RESOLVED – That a further report be brought to the Board when the Trustees have had opportunity to meet with the Council.

To consider a report of the Head of Scrutiny and Member Development which details the Board’s current Work Programme.

The Head of Scrutiny and Member Development submitted a report which detailed the Board’s current work programme.  Also attached to the report was an extract from the Forward Plan of Key Decisions which highlighted decisions that fell within the Board’s remit.

Members were informed that the Council’s CPA inspection would be taking place around the time of the next meeting and it was requested that the Executive Member for Leisure be invited to the meeting.  It was also requested that Roundhay Mansion be added to the Board’s work programme.

RESOLVED – That the report be noted.

Monday, 10^th December 2007 at 10.00 a.m. (Pre–meeting for all Board Members at 09.30 a.m.).