AT A MEETING of the RIVER HAMBLE HARBOUR BOARD held at the Roy nderdown Pavilion, Hamble-le-Rice on Friday 23 November 2007.

PRESENT:

Hampshire County Council

p Councillor J.V. Bryant

p Councillor K. Evans

a Councillor K. House

Independent Members

p Mr. T. Lovell

a Mr. C. Moody

p Dr. S. Tomson

Marine Director

p Mr. D. Evans

Also Present

Councillor Dr. R. J. Ellis, Chairman of the River Hamble Harbour Management Committee,

Captain M. Capon, Designated Person (Port Marine Safety Code) and Tony Clatworthy, Harbour Master.

172. APOLOGIES FOR ABSENCE

An apology for absence was received from Councillor K. House.

173. DECLARATIONS OF INTEREST

All Members who believe they have a personal or prejudicial interest in any matter to be considered at the meeting must declare that interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter is discussed, save for exercising any right to speak in accordance with paragraph 12 of the Code. The declaration should be made at the time of the relevant debate.

Dr. S. Tomson declared a personal interest as a member of the Royal Southern Yacht Club and as a mooring holder. Mr D. Evans declared a personal interest as a mooring holder and boat owner and a Member of the Royal Air Force Yacht Club.

Mr T. Lovell declared a personal interest as a Member of the Royal Southern Yacht Club, as a mooring holder and a Director of Cowes Week Limited.

Councillor K. Evans declared an interest due to being on Fareham Borough Council's Planning Committee. Councillor J. V. Bryant declared an interest due to being on Fareham Borough Council.

174. MINUTES

The Minutes of the meeting of the Board held on 26 September 2007 were confirmed as a correct record, as amended and signed by the Chairman.

175. CHAIRMAN'S COMMUNICATIONS

The Chairman reported that the Marine Director had briefed him about recent correspondence concerning potential insurance cover issues faced by some mooring holders on the River. It has been brought to his attention that, in an attempt to provide helpful information on potential insurance provision, mooring holders may have received unsolicited mail from an insurance provider offering potential cover for pontoons on the River. Some mooring holders have raised concern about this and consequently a letter of apology has been sent to all of them and the matter is being fully investigated.

176. DEPUTATIONS

No deputations were received for this meeting.

177. HARBOUR MASTER'S REPORT

The Board considered the report of the Director of Recreation and Heritage (Item 6

in the Minute Book) summarising the activities and events on the River Hamble

since 27 September 2007.

The Harbour Master highlighted particular areas of his report as follows:

Para 4.5 - no charge was made for standing by.

Para 4.7 - following investigation no action had been taken.

Para 4.8 - most of the paint had been removed successfully.

Para 4.10 - this had been a good event for local Sea Cadets.

Para 4.11 - there are a number of problems with piles rotting.

Para 4.12 - provisions within the Harbour Docks and Piers Act 1847 authorises the

Harbour Master to take possession of a vessel when the harbour dues have not yet

been paid and notify the owner accordingly. If the owner is not forthcoming the

Harbour Master can sell the boat and discharge the debt.

Para 4.16 - as set out in the Licence Agreement, boats must be moved within a

certain date otherwise the Harbour Master can move them at a charge of £40 + VAT.

Regarding 7.1 - it was noted that the site would not be used until the maintenance

programme was completed in March 2008 and would be a loss for moorings for

maintenance.

In relation to the supplementary report circulated at the meeting, the Harbour Master

advised that he had inspected a number of pontoons where owners had signed the

self certification form despite defects on their pontoon. He had subsequently written

to the owners. The investigation had also brought to light the fact that a number of

owners of pontoons thought that they were covered by insurance but were not.

Mr Lovell suggested that a statement be issued about insurance and the Harbour

Master agreed and undertook to issue one.

The Board noted the supplementary report on the Hamble Harbour Authority website

main menu and sub menus indicating the areas still being worked on.

RESOLVED:

That the Harbour Master's report be noted.

178. ENVIRONMENTAL UPDATE

The Board considered the report of the Director of Recreation and Heritage (Item 7 in the Minute Book) on a range of environmental issues including the River Hamble Harbour Oil Spill Contingency Plan, arrangements for a meeting of the Hamble Estuary partnership as a means of involving environmental groups, the port waste management plan and student placement. The Assistant Harbour Master (Environment) gave an outline of the initiatives which had been pursued and with regard to the Oil Spill Contingency Plan and the recent exercise. It was noted that there had been full deployment of booms within 2 hours of the contractor's arrival on site. Captain Capon sought assurance that all issues arising from the exercise had been addressed and the Harbour Master advised that this was the case. The Assistant Harbour Master (Environment) advised that the smaller scale exercises would be carried out on an opportunity basis.

Regarding paragraph 6, the Assistant Harbour Master (Environment) reported that the revision of the Port Waste Management Plan was currently ongoing and awaiting completion of actions by the Maritime Coastguard Agency. The Harbour Master advised that other Harbour Authorities on the South Coast charged for sewage pump out facilities and consideration was being given to whether users on the River Hamble should be charged. A report would be submitted to a future meeting.

Members considered that a survey should be undertaken to establish how often the pump out is used, thereby giving an indication of the true cost of each pump-out. It was noted that most new boats have a holding tank, so demand for pump out facilities is likely to increase.

Regarding 6.3 - 6.6, the Assistant Harbour Master (Environment) advised that she and the Harbour Master are currently working on a recycling scheme with the green Blue, local Councils, Marinas, boatyards and Yacht Clubs who all recognise that a common approach to recycling across the River Hamble was needed for recycling. Trials for a new system with users would be carried out.

RESOLVED:

That the report be noted.

179. MARINE DIRECTOR'S CURRENT ISSUES

The Board considered the report of the Marine Director (Item 8 in the Minute Book) on various current issues relating to the management of the Harbour Authority.

Regarding paragraph 3.1, the Marine Director advised that an allowance of £20,000 had been set aside as a contingency for allowances under Hampshire County Council's Pay and Benefits framework due for implementation in February 2008.

Regarding Paragraph 3.2, the Marine Director reported that sailing schools and organisations were making more use of the jetties during the winter months because the rates were discounted. However, overall visitor numbers for the year has been poor due to the inclement weather.

Regarding paragraph 3.3, the Marine Director stated that the marine Bill and the Marine Navigation and Port Safety Bill may have an impact on the River Hamble Harbour Authority (RHHA). Captain Capon advised that discussions were still continuing on the consent of the Port Safety Bill.

RESOLVED:

That the report be noted.

180. MINUTES OF THE MEETING OF THE MANAGEMENT COMMITTEE HELD ON 2 NOVEMBER 2007

The Board considered the minutes of the River Hamble Harbour Management Committee held on 2 November 2007 and noted the recommendations made that were relevant to items on this agenda.

RESOLVED:

That the minutes be noted.

181. RIVER HAMBLE HARBOUR AUTHORITY - BUSINESS PLAN

The Board considered the report of the Director of Recreation and heritage (item 10 in the Minute Book) on the proposals for a business plan to guide the work of the River Hamble Harbour Authority for the period 1 April 2008 - 31 March 2009.

Councillor Keith Evans suggested that Action 5 of the Action Plan Annex options for enhancing visitor facilities should be `scoped' rather than `investigated' and that this matter should be discussed sooner than 2009. The Marine Director agreed to substitute the wording, advising that all visitor facilities would be considered and that this process had already commenced.

RESOLVED:

That the River Hamble Harbour Authority Business Plan for 2008/09 be approved by the River Hamble Harbour Board.

182. RIVER HAMBLE HARBOUR AUTHORITY - GOVERNANCE REPORT

The Board considered the report of the Director of Recreation and Heritage (Item 11 in the Minute Booki) on the outcomes of the independent review commissioned into governance of the River Hamble.

The Director of Recreation and Heritage advised that the report attempted to bring together a response to the Royal Haskoning review and the Trust Port Study Group. It included a positive response to concerns about consultation arrangements. The report had been presented to the Management Committee who had stated that it wished to look in more detail at the provisions of the existing Harbour Revision Order before progressing further. The Director of Recreation and Heritage further advised that for the report to proceed through the decision making process it needed consideration by the Board and the Management Committee prior to being submitted to the Governance Committee of Hampshire County Council and full Council.

Captain Capon presented his observations for consideration. Seven years ago there were too many layers, a lack of clarity and consultation and concern that decisions had been taken by the Executive Member for Environment. Although the new governance arrangements had been a great improvement the relationship between the Board and the Management Committee needed more clarity. He considered it important to recognise that the Management Committee was required by the Harbour Revision Order and that it had assumed a scrutiny role. The stakeholders had an extensive means of consultation with the Marine Director, Harbour Master, the Harbour staff and himself and he felt that this had made a tremendous difference to the way in which the River was managed.

The Head of Legal Practice drew the attention of the Board to the Planning and Scrutiny Protocol, agreed in 2005, which set out the working relationship between the Board and the Management Committee. If operated correctly, this achieved compliance with the current Revision Order, while providing for the involvement of the Management Committee in strategic planning and scrutiny of individual decisions and ensuring that there was speedy and effective decision-making by the Board.

The Chairman advised that he hoped the Management Committee at its meeting on 4 January 2008 would be in a position to put forward firm suggestions.

Councillor Ellis advised that the report would be fully debated on 4 January 2008.

In considering the report, the Board made the following observations:

Paragraph 2.2 Governance a - agreed.

Paragraph 2.3 Consultation a - agreed although there was concern about the

suggestion that the management Committee should propose a list of organisations to

be represented on the Consultative Committee.

Paragraph 2.4 Harbour Board a - agreed. The list of skills is identified in the

Municipal Ports Review. b - agreed. c - not agreed. d - not agreed. e - agreed but

delete `as far as ...... to calendar year'. f - agreed.

Paragraph 2.5 Management Committee - agreed that this review was the ideal

opportunity to re-launch the existing Planning and Scrutiny Protocol.

Paragraph 2.6 - Code of Conduct a and b - agreed.

Paragraph 2.7 Finance - agreed.

Paragraph 2.8 Review - agreed.

Paragraph 2.9 Manpower - agreed.

The Marine Director reported that together with the Director of Recreation and

Heritage he had met with Mr Nicholson of the Trust Port Study Group who had

strongly held the view that the River Hamble should become a Trust Port.

Mr Nicholson had requested that the dialogue on this matter should continue.

RESOLVED:

That subject to the views expressed by the Board in discussion that the set of

recommendations go forward for adoption. It was noted that additional comments by

the Management Committee would be submitted following its meeting on 4 January

2008.

183. ITEMS FOR FUTURE MEETINGS

The Board considered the report of the Director of Recreation and Heritage (Item 12

in the Minute Book) on the forward plan of items to be considered at future meetings

of the Board. The following items were added:

Port Waste Management - 1 February

Works Consent Policies - 4 April

RESOLVED:

That the report be noted.