The Very Reverend Michael Tavinor, Dean of Hereford, led the Council in prayer.

To receive apologies for absence.

Apologies were received from Councillors H Davies, MJ Fishley, AE Gray, RV Stockton, WJ Walling and JB Williams.

To receive the report and to consider any recommendations to Council arising from the meetings held on 10 August, 9 September; 6 October and 3 November 2009.

Councillor Brigadier P Jones CBE presented the report of the meeting of the Regulatory Committee held on 10 August, 9 September, 6 October and 3 November 2009.

RESOLVED:   That the report of the meeting of the Regulatory Committee held on 10 August, 9 September, 6 October and 3 November 2009 be received.

To receive any declarations of interest by Members in respect of items on the Agenda.

Councillors MAF Hubbard and JD Woodward declared personal interests in Item 8 as directors of the ‘It’s Our City campaign’

Councillor RJ Phillips declared a personal interest in agenda item 8 as a Director of the Edgar Street Grid Company

The Chief Executive declared a personal interest in agenda item 8 as a Herefordshire Council appointed Director of the Edgar Street Grid Company.

To approve and sign the Minutes of the meeting held on 24 July 2009.

RESOLVED:  That the minutes of the meeting held on 24 July 2009 be approved as a correct record and signed by the Chairman.

To receive the Chairman's announcements and petitions from members of the public.

The Chairman reported that on 26 October, the County received a Royal Visit by HRH The Princess Royal to Global Radiodata Communications Limited facilities for the opening of the new business park. She also visited Milsys (uk) Limited at Rotherwas and Chamber of Commerce Herefordshire and Worcestershire.

The Chairman informed Council that he would be attending the opening of the Flood Alleviation Scheme at Ross-on-Wye on Monday 16 November.

Council was informed that Herefordshire Council had been presented with a prestigious award for having the best regeneration team in the region. It received the top prize at the RegenWM awards evening at Birmingham’s Millennium Point on the10 November 2009.

The Chairman updated Council on Herefordshire’s new recycling service. In the first week of the new recycling service more than double the amount of recyclable materials were collected compared with the same time last year.  This year 240 tonnes of recyclable materials were collected, compared with 97 tonnes during the same period last year.  This proves that people in the County are willing to do their bit for the environment.

The Pride of Herefordshire Awards took place on Wednesday 21 October.  Josie Pearson, 23, from Whitney-on-Wye, was named overall winner of the 2009 Pride of Herefordshire awards for her courage at readapting to life in a wheelchair after a car accident left her with serious injuries.

Councillors took part in Remembrance Sunday services across the County last Sunday.  This year’s commemorations have been particularly poignant as we remember those servicemen and women who have been killed or injured in Iraq and Afghanistan and the regiments continuing to serve there. He added that this was particularly poignant following the sad loss of Sergeant Paul Macaleese and Rifleman William Aldridge. He said that he was looking forward to welcoming home the 3rd Battalion currently serving in the Helmand province of Afghanistan.

The Chairman thanked those Councillors on behalf of SACRE for attending the multi-faith event at Holmer Primary School which took place on Monday 19 October. Thanks were also given to the Mrs Julie Cecil and the pupils and staff at the school.

It was reported that the Council’s “in-house” fundraising team, The Goodwill Group, had been working hard throughout the year raising money for a variety of good causes.  At the recent annual coffee morning, The Goodwill Group ran cake stalls at several Council offices and raised over £2,500.00.   This sum, together with money raised at other fundraising events, will be divided between St Michael’s Hospice, Macmillan Cancer Care and Hereford Hospital’s Charles Renton Unit.  The Group recently made over £350.00 on Jeans for Genes Day which supports children with genetic illnesses and The Goodwill Group is also continuing to raise funds for Help for Heroes. The Chairman thanked fellow Councillors, Officers and staff for their support

The Chairman reminded Council that when debating item 9 the purpose of the debate would be to focus on the principals and core content of the constitution and the recommendations  ...  view the full minutes text for item 50.

To receive questions from members of the public.

Copies of all public questions, received by the deadline, with the written answers were distributed prior to the commencement of the meeting.    Supplementary questions were asked by Ms Roberts, Mr Clay, Mrs Clay, Mr Miller, Ms Evans, Mr Thomas and Mrs Crowe. A copy of the public questions and written answers together with the supplementary questions and answers are attached as to the minutes.

To receive any written questions from Councillors.

Question from Councillor MAF Hubbard to the Cabinet Member Economic Development and Community Services.

1.1       What funds have been made available to assist in the re-location of businesses affected by the proposed ESG Link road?

1.2       How many businesses will have to close or re-locate to facilitate the proposed ESG Link road and how many people are employed by these businesses?

1.3       What research was undertaken to ensure that the purchase of the Three Elms Trading Estate would meet the requirements of the businesses needing to relocate from the ESG area as opposed to the Faraday Road site and how many businesses expressed a preference for one site or the other?

1.4       Are there sufficient funds available to the Council and ESG Ltd to purchase the Faraday Road site and if not, why not?

1.5       How much did the banners that have appeared in the Franklin Barnes windows advertising the ESG project as “One bigger buzzing city” cost and who funded these costs?

1.6       How much has been spent by Herefordshire Council and ESG Ltd taking advertising out for the promotion of the ESG project since the beginning of the It’s Our City (IOC) Campaign on 2 September 2009?  Please supply a breakdown of each advert, event or item of publicity material.

1.7       What is the total financial contribution from the Council to the ESG Company so far?  Please provide outturn up to the end of the 2008/09 year, latest estimate for the current year and current estimate for the 2009/10 year.

1.8       What plans are there for a new Hereford City Library?

1.9       What is the latest information as to the number of houses to be built on the Edgar Street Grid?  Please give figures for the “Urban village”, the “Retail Quarter” and the “New Area”.  How many of these houses will be socially affordable?

Answer from Councillor AJM Blackshaw Cabinet Member Economic Development and Community Services

1.1       I refer to the answer given to Ms P Roberts at public question 1.1

1.2       I refer to the answer given to Ms P Roberts at public question 1.2

1.3       Three Elms Trading Estate was purchased by Advantage West Midlands in 2006 primarily to help facilitate the wider economic regeneration of Hereford City as well as securing in public ownership land and premises that could meet the requirements of businesses relocating from within the ESG area.  The acquisition costs for purchasing this Trading Estate have not come from within the £20m allocated to the ESG project. 

The Council is exploring the acquisition of the Faraday Road site

A survey has been completed in which businesses on the ESG were asked where they would be looking to relocate to.  Whilst the majority of respondents said they did not know where they would be looking to relocate two identified Faraday Road and one identified Three Elms as a preferred location. 

1.4       Yes. 

1.5       The banners in the Franklin Barnes window cost £1,293.75 and were funded by ESG Herefordshire Ltd.

1.6      The overall amount  ...  view the full minutes text for item 52.

Three Notices of Motion have been submitted.

NOTICE ONE:

Councillors: RJ Phillips and JP French submitted the following Notice of Motion as a matter of urgency.

“This Council affirms that the sustainable future for our City and County depends on creating more and better paid jobs, significantly increasing the number of homes, particularly affordable, improving leisure and shopping and procuring the supporting infrastructure.  This must include another bridge crossing over the Wye and relief roads for Hereford and Leominster.”

NOTICE TWO:

Councillors: MAF Hubbard, DJ Benjamin, JD Woodward and MD Lloyd-Hayes submitted the following Notice of Motion as a matter of urgency.

“In the light of the recent economic crisis and other changes to environmental, economic or social factors, Herefordshire Council calls on the Executive to suspend, defer and/or delay the implementation of the current proposals for retail development on the current cattle market site and the related link road.

The Council wishes to provide time for the development of Hereford City to be reconsidered and to determine whether the original merits of such proposals have fundamentally altered and what is possible and what is desirable.

The Council asks that the Executive urgently examines regeneration measures that will enhance the historic core of the city; support and enhance existing businesses; promote urgently needed, affordable and sustainable housing; improve public transport and the public realm; provide new and imaginative civic amenities; and encourage new leisure facilities, particularly for younger citizens.”

NOTICE THREE:

Councillors: AT Oliver and WLS Bowen submitted the following Notice of Motion as a matter of urgency.

“With reference to the Council’s objective to reduce CO2 emissions as set out in the Local Development Framework, Herefordshire Council recognises that it is a vital part of this strategy that all new buildings, whether houses, offices or industrial, should be low/zero carbon buildings, incorporating the best available technology, including renewable energy generation on site.  All new developments of 10 Houses or more should have to include energy from renewable sources on site.  As part of Herefordshire Council’s commitment to combat climate change this policy should be adopted at the earliest opportunity.

The Chairman informed Council that three notices of motion had been submitted as a matter of urgency. The first notice of motion was submitted by Councillors RJ Phillips and JP French:

This Council affirms that the sustainable future for our City and County depends on creating more and better paid jobs, significantly increasing the number of homes, particularly affordable, improving leisure and shopping and procuring the supporting infrastructure.  This must include another bridge crossing over the Wye and relief roads for Hereford and Leominster.

The Chairman ruled that the motion was urgent as it related to matters that had generated much public interest.

The second notice of motion has been submitted by Councillors MAF Hubbard, DJ Benjamin, JD Woodward and MD Lloyd-Hayes:

Herefordshire Council calls on the Executive to suspend, defer and/or delay the current proposals for retail development on the cattle market and the related link road, to provide time for the council to reconsider the development of Hereford city.

We believe that whatever the original merits of such proposals, the economic crisis has fundamentally altered what is possible and what is desirable.

We ask the Executive to urgently examine regeneration measures that will enhance the historic core of the city; support and enhance existing businesses; promote urgently needed, affordable and sustainable housing; improve public transport and the public realm; provide new and imaginative civic amenities; and encourage new leisure facilities, particularly for younger citizens.

The Chairman ruled urgency on the Motion as, similar to the first Motion; the issues had generated recent public interest.  As Council had been invited to suspend, delay or defer a current proposal, the motion should be considered as a matter of urgency.

The third notice of motion was submitted by Councillors AT Oliver and WLS Bowen

With reference to the Council’s objective to reduce CO2 emissions as set out in the Local Development Framework, Herefordshire Council recognises that it is a vital part of this strategy that all new buildings, whether houses, offices or industrial, should be low/zero carbon buildings, incorporating the best available technology, including renewable energy generation on site.  All new developments of 10 Houses or more should have to include energy from renewable sources on site.  As part of Herefordshire Council’s commitment to combat climate change this policy should be adopted at the earliest opportunity.

The Chairman ruled that the notice was not urgent, although its contents would be noted in order for a debate to take place when the Local Development Framework is considered in the future.  The Chairman added

The Leader rose to speak on the first Notice of Motion and made the following points:

·        Important issue for the city and county.

·        Unanimous support that Herefordshire needs to have investment in its city and market towns with leisure facilities, shops and affordable housing and for residents to be loyal to the county and not shop out of county.

·        There are 5,000 people on the housing waiting list.

·        Average pay is low at £20k per annum, which is  ...  view the full minutes text for item 53.

To seek approval of the Council’s new Constitution.

Please note that Members have been issued with the draft Constitution prior to this agenda.

The Assistant Chief Executive Legal and Democratic set the context for Members regarding the new Constitution stating that Members were being asked to agree on the core content and principles outlined in the report and that there were refinements that needed to be made and a single corporate style and the precise language that needed to be addressed.  Members were advised that the code on the use of ITC was to follow as the current one in the present constitution was just a statement of intent.  It was noted that once it was complete it would be put forward for due process. 

Members were referred to the Access to Information code, the complexities of this area, the rights and responsibilities of the differing groups that have been reflected in the broadest terms, however, comprehensive training for Members would be provided in the New Year.  In referring to the officer functions, forward planning and agenda management, Members were referred to the previous scheme of delegation, which was now covered under the functions scheme.  It was emphasised the need for Members to be better informed on forward planning and this process had already started with a comprehensive agenda planning system.  In addition Members were referred to the two late documents that were tabled at the meeting and to recommendations e) and f) and Members’ approval of the Chairman, in conjunction with the Assistant Chief Executive, to finalise the document on behalf of the Council.  Members were also reminded that Parts 6, 7 and 8 of the constitution were not before them.  Part 6 deals with the Members’ Allowances Scheme and is the recommendation of the Independent Remuneration Panel, Part 7 deals with the Cabinet Member Portfolios which are a matter of fact and will be included at the appropriate time.  Part 8 which will be included once the Crystal mark has be obtained as part of the plain English campaign.

In general Members supported the new Constitution and congratulated officers in producing the document in such a short time and the proposal to put it forward for the plain English campaign Crystal mark.  Some concerns were raised, which it was agreed could be dealt with separately through the Monitoring Officer and/or the Standards Committee and on the basis that further consultation and that the Constitution would be brought back to the February 2010 Council meeting, Members supported the document in principle.  Members were not in agreement to the increase in the financial boundary for key decisions from £500k to £1m.

RESOLVED

            THAT Council:

            a)         agrees that its new Constitution will take effect on 1 January 2010;

b)         confirms the composition and Members of the Planning Committee and asks Group Leaders to review their nominations to reflect geographic diversity and notify the Chief Executive of any changes to the membership of the Committee;

c)         designates its Community Services Scrutiny Committee as its Crime and Disorder Committee;

d)         instructs the Chief Executive to prepare and adopt a scheme of delegation in accordance  ...  view the full minutes text for item 54.

To consider a report and its recommendations from the Local Government Ombudsman.

The Assistant Chief Executive Legal and Democratic presented the Ombudsman report and referred Members to the reasons set out in the report and to the comments on page 56 of the agenda, which had already been acted upon.

Resolved

            THAT the Council:

            a)         pay Mr Ash and Mrs Birch the sum of £1,250 for their outrage, lost opportunity and uncertainty;

            b)         make a formal apology for the mistakes identified; and

            c)         review its procedures and that specific staff training is carried out on amendments to planning applications and planning permissions in the light of the issues highlighted in the complaint.

To receive the report and to consider any recommendations to Council arising from the meetings held on 30 July, 10 September, 24 September (reconvened on 1 October) and 29 October 2009.

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 30 July, 10 September, 24 September (reconvened on 1 October) and 29 October 2009.  In referring to the scrutiny review of on street parking, page 80 of the agenda, Members welcomed the recommendation that car parking is paid for on exit of a car park and that this would provide support to city traders.

RESOLVED:  That the reports from the meetings of Cabinet held on 30 July, 10 September, 24 September (reconvened on 1 October) and 29 October 2009 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 7 August and 23 October 2009.

Councillor TW Hunt presented the report of the meetings of the Planning Committee held on 7 August and 23 October 2009.

RESOLVED:   That the report of the meetings of the Planning Committee held on 7 August and 23 October be received.

To receive the report of the meeting of the Standards Committee held on 2 October 2009.

Mr Robert Rogers presented the report of the meeting of the Standards Committee held on 2 October 2009.  He advised Council of two cases that had been delayed in circumstances beyond the Committee’s control and which were not typical of the committees handling.  Councillor Bowen raised his concern over the minimum of communications with the people involved.  The Standards Committee advised that he would speak with the Member following the Council meeting. 

RESOLVED:   That the report of the meeting of the Standards Committee held on 2 October 2009 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 21 September and 19 October 2009

Councillor PJ Edwards presented the report of the meeting of the Strategic Monitoring Committee and stated that he welcomed the closer working between the Cabinet and the Strategic Monitoring Committee with regard to the corporate monitoring report.

RESOLVED:   That the report of the meeting of the Strategic Monitoring Committee held on 21 September and 19 October 2009 be received. 

To receive the report and to consider any recommendations to Council arising from the meeting held on 28 September 2009

Councillor ACR Chappell presented the report of the meeting of the Audit and Corporate Governance Committee held on 28 September 2009.

RESOLVED:   That the report of the meeting of the Audit and Corporate Governance Committee held on 28 September 2009 be received.

To receive the reports of the meetings of the West Mercia Police Authority held on 14 July and 20 October 2009. Councillor B Hunt has been nominated for the purpose of answering questions on the discharge of the functions of the Police Authority.

Councillor B Hunt presented the report of the annual meeting of the West Mercia Police Authority held on 14 July 2009.  A question was raised in relation to special priority payments and how they were agreed.  Councillor Hunt agreed to provide further information on the topic. 

RESOLVED:   That the report of the annual meeting of the West Mercia Police Authority held on 14 July 2009 be received.

To receive the report of the meetings of the Hereford & Worcester Fire and Rescue Authority held on 14 September 2009.

Councillor Brigadier P Jones CBE presented the report of the meeting of the Hereford & Worcester Fire and Rescue Authority which was held on 14 September 2009.  He referred to the Regional Fire Control Project, which should be have been completed in 2007 but had still not been completed and the problems caused in obtaining the new equipment.

RESOLVED:            That the report of the meeting of the Hereford & Worcester Fire and Rescue Authority which was held on 14 September 2009 be received.