To elect the Chairman of the Council.

Note:  The outgoing Chairman of the Council will preside during the election for the Chairman of the Council.

RESOLVED:   That Councillor J.W. Edwards, be elected Chairman of the Council until the annual meeting of Council in May 2006.

Councillor Edwards made and signed the Declaration of Acceptance of Office.

Councillor Edwards took the chair for the remainder of the meeting.

The Chairman and Group Leaders paid tribute to the outgoing Chairman who was presented with a Past-Chairman's medal. 

Councillor Harling responded by thanking the Council for its support during his term of office.  A bouquet of flowers was presented to Mrs. Harling in recognition of her assistance during the Chairman's term of office. 

Councillor Edwards advised that Councillor Harling would leave the meeting early in order to represent the Council at the Memorial Service for Sir Piers Bengough the Former High Sheriff of the County.

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

To receive apologies for absence.

There were no apologies for absence received.

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

There were no declarations of interest made.

The Chairman reminded Members of their obligation to notify the County Secretary and Solicitor of any changes affecting their Declaration of Financial or Other Interests within 28 days of any change taking place.  He asked them to complete and return the necessary forms to the Members Support office as soon as possible

To appoint the Vice-Chairman of the Council.

RESOLVED:   That Councillor J. Stone be appointed Vice-Chairman of the Council until the annual meeting in May 2006.

Councillor J. Stone made and signed the Declaration of Acceptance of Office.

To approve and sign the Minutes of the meeting held on 11th March, 2005.

The Chairman proposed a slight amendment to the penultimate sentence of Minute 70, which should read:  "The Cabinet Member said he was well aware of the costs but that the A49 was the responsibility of the Highways Agency".

RESOLVED:   That, subject to that amendment, the minutes of the meeting held on 11th March, 2005, be approved as a correct record and signed by the Chairman.

To appoint the Leader of the Council.

RESOLVED:   That Councillor R.J. Phillips be appointed Leader of the Council until the annual meeting in May 2006.

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

The Chairman welcomed the members and guests to the meeting and advised that lunch would be served at the Town Hall at the end of the meeting

He thanked the Very Reverend Michael Tavinor, the Dean of Hereford, for leading the annual meeting in prayer and told the meeting that the Dean had agreed to continue to act as Chaplain to the Council for another year.

The Council joined the Chairman in congratulating Louise Whitesman, Assistant Solicitor with the Council, on her national award as Young Solicitor of the Year from the Law Society's Solicitors in Local Government Group.  The award recognised the range of work covered by Louise over the past 12 months, which included project managing the contract phase of the new Whitecross High School scheme and promoting the Hereford Markets Act.

The Chairman congratulated the County's two recently re-elected MPs, Paul Keetch and Bill Wiggins, on their success at the recent Parliamentary Elections.  He said he was looking forward to working with them both in the best interests of the County.

He announced that the group photograph of Councillors would be taken at the next meeting of Council in July.

There were no petitions.

To receive questions from members of the public.

Under the Council's Constitution, a member of the public can ask a Cabinet Member or Chairman of a Committee any question relevant to a matter in relation to which the Council has powers or duties, or which affects the County, as long as a copy of the question is deposited with the County Secretary and Solicitor more than six clear days before the meeting.  No such questions had been received.

To receive any written questions.

The Chairmen reminded Council that anyone wishing to ask a formal question at Council should do so by ensuring that the question is lodged with the County Secretary and Solicitor and/or Mrs. Dyer, the Members Services Manager, before 10.30 am. on the day before Council.   Recently, questions had been received in a number of different offices within the Council, which had caused delays.

The Chairman ruled that a question from Councillor W.L.S. Bowen on Carbon Management would be taken during the Cabinet Report.

He also ruled that the answer to Councillor Bowen's questions about Plough Lane would also answer Councillor Mrs. Lloyd-Hayes questions on the same subject.

Councillor R. Manning asked:

"In view of the shortfall in Herefordshire Jarvis Services' budget for the provision of school dinners for 29 Primary schools and 2 Secondary schools, does the cabinet member for children's services feel that it is appropriate to pressurise these schools to make up the shortfall created by Jarvis?"

Councillor DW Rule, thanked Councillor Manning for his question.  He advised that officers had been helping Herefordshire Jarvis to offer revised contract terms for the school meals service to approximately a third of Herefordshire schools. A number of proposals had been offered to schools, one of which represents an increase in cost for the continuation of the current contract with Jarvis, other options include either re-tendering the contract or providing meals from the local high school.

He said that school catering contracts are predominantly for three years, at the end of which tenders are invited off a selected list of approved contractors.  In recent years the tendency has been to provide meals for primary schools from high school kitchens, as these are commercially more viable.

He stated that no pressure has been put upon schools to accept any option. Funding for school meals is fully delegated to schools and Governing Bodies are legally required to choose the option that provides best value for money for the school.  Schools have been asked to inform the Council of their meals preference by May 23rd so that there would be sufficient time to implement alternative arrangements should it be necessary for the autumn term

He confirmed that the Council had increased the free meal allowance paid to schools from £1.05 to £1.25, an increase of 19% at a cost of £58,000 for the 2005/06 financial year as it recognised the cost pressures faced by contractors.

He spoke of the continuing difficulty the Council faces in providing an economic school meals service in a very rural county, and welcomed a wider debate at a future Children’s Services Scrutiny Committee on how to provide an efficient and effective school meals service.

Councillor Manning responded by saying he thought the quality of the school meals provide by Jarvis was excellent.  However, he was concerned that because Jarvis needed to charge more for the meals they were able to renege on their three-year contract.  He asked for a review of the tendering process to prevent this happening  ...  view the full minutes text for item 10.

To consider any Notices of Motion.

There were no notices of motion.

To receive the report and to consider any recommendations to Council arising from the meetings held on 17th and 24th March and 14th and 28th April, 2005.

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 17th and 24th March and 14th and 28th April, 2005.

In relation to Item 1.1, the Herefordshire Crime, Disorder and Drug Reduction Strategy – Councillor Phillips  said that the Strategy was now ready and recommended its approval.  In response to a comment about the lack of involvement of young people in the Council's decision making process and lack of accommodation for them to meet safely, Councillor Phillips advised that a Youth Council was being set up, and that although accommodation was an on-going problem, the Council was working with other partner organisations to try to resolve the issue.

In relation to Item 1.2, Review of the Constitution – In response to a query. Councillor J.C. Mayson, confirmed that, as Cabinet Member (Rural Regeneration and Strategy) he would have responsibility for Farmers’ Markets throughout the County including Hereford City.

In relation to Item 2.1, Notices of Motion - Councillor Mrs. J.P. French, Cabinet Member (Human Resources and Corporate Support Services) moved the recommendation, which included an amendment to the original motion.

Councillors Bowen and Mrs. Lloyd Hayes thanked the Cabinet Member for her support.

In relation to Item 6 – Children's Services – although there was no item on the agenda specifically relating to denominational school transport, a number of Councillors had been lobbied on the matter, prior to the Council meeting.  Councillor D.W. Rule, the Cabinet Member (Children's Services) agreed to consider extending the consultation period if, having considered all the facts, he considered it necessary.

In relation to Item 8.1(i) – Leominster Industrial Estate Access Road – In response to a query about empty premises on the Industrial Estate, the Leader said that the Council would be working with Advantage West Midlands (AWM) who were responsible for marketing the site. He acknowledged that it was important for the town and the County for the business park to be a success.  Councillor A.C.R. Chappell, the Chairman of the Social and Economic Development Scrutiny Committee, stated that he intended to invite AWM to appear before the Committee to answer questions and that he would invite all Members to that meeting.  Mention was made of Rotherwas Industrial Estate, which would benefit greatly from having a new access road.

In relation to Item 9.1(i) – Carbon Management Action Plan – The Chairman had previously ruled that Councillor Bowen 's written question relating to carbon management be taken at this point.   The questions were:

"Is the Council making full and proper attempts and measure to become carbon neutral – both for the Council itself and also for the whole of Herefordshire?

Can we be informed as to the energy efficiency of all heating and lighting systems within Council Property?

What efforts are we making to reduce fuel usage and increase energy efficiency in Council properties?"

Councillor Edwards, Cabinet Member (Environment)stated that the Council was making every effort to measure the carbon it produces and  ...  view the full minutes text for item 12.

(a)        To make appointments to the positions of Cabinet Members, Chairmen and Vice-Chairmen of committees, the appointment of which is reserved to Council;

(b)        to establish the allocation of seats to political groups based on proportionality and to agree arrangements for making the necessary adjustments to proportionality based on appointments to individual committees in order that proportionality can be applied across the Council as a whole; and

(c)        to make arrangements for such appointments to committees and other bodies as may be necessary.

Note 1: This item will be taken after consideration of the proposed Constitutional amendments in the Cabinet Report at item 13.

Note 2:      The Council may be asked under this item to confirm or agree alternative arrangements for appointments to Committees and other bodies pursuant to Regulation 20 of the Local Government (Committees and Political Groups) Regulations 1990 as amended.

A revised Appendix 1 to the report, containing proposed appointments to the posts listed, was circulated at the meeting.

In presenting the report, the Chief Executive reminded Members that in order to maintain the status quo in relation to seats held on the Strategic Monitoring Committee, Council would have to approve alternative arrangements to strict proportionality for appointments to Committees in accordance with Regulation 20 of the Local Government (Committees and Political Groups) Regulations 1990.  This could only be carried if a resolution was passed without anyone voting against it.  If there was any vote against it, it would be necessary to recast the proportionality across all bodies covered by the Regulation.

RESOLVED: (unanimously)

That    (a)        the arrangements for appointments to Committees and other bodies be agreed;

(b)              Councillors be appointed to the offices described in Appendix 1 to these minutes, for a term of office which will expire at the next Annual Meeting of Council; and

(c)               The Chief Executive be requested to exercise his delegated powers to make, following consultation with the political group leaders, any adjustment to the number and allocation of seats to give effect to the rules on proportionality and to make appointments, as necessary, in accordance with the nominations of the political group leaders.

To receive the report and to consider any recommendations to Council arising from the meetings held on 4th February and 1st April, 2005.

Mr Robert Rogers, presented the report of the meetings of the Standards Committee held on 4th February and 1st April, 2005.  He thanked the County Secretary and Solicitor and staff for their assistance with the two hearings held under the Local Authority (Code of Conduct) (Local Determination) Regulations 2003.

The Chairman moved the Recommendation.

RESOLVED:  That the report of the meetings of the Standards Committee held on 4th February and 1st April, 2005 be received and the recommendation approved.

To receive the report and to consider any recommendations to Council arising from the meetings held on 15th February, and 1st and 15th March, and 12th April, 2005.

Councillor R.I. Mathews presented the report of the meetings of the Regulatory Committee held on 15th February, 1st and 15th March, and 12th April, 2005.

RESOLVED:  That the report of the meetings of the Regulatory Committee held on 15th February, 1st and 15th March, and 12th April be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 15th April, 2005.

Councillor T.M. James presented the report of the meetings of the Strategic Monitoring Committee held on 15th and 28th April, 2005.

RESOLVED:   That the report of the meetings of the Strategic Monitoring Committee held on 15th and 28th April, 2005 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 22nd April, 2005.

Councillor T.W. Hunt presented the report of the meeting of the Planning Committee held on 22nd April, 2005.

RESOLVED:   That the report of the meetings of the Planning Committee held on 22nd April, 2005 be received.

To receive the report of the meeting of the West Mercia Police Authority held on 15th February, 2005  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 West Mercia Police Authority meeting held on 15th February, 2005.

He reminded Members that the Police Authority was not responsibility for operational matters and asked them to let him have any questions about operational matters in writing so that he could make the appropriate enquiries.

He agreed to follow up a number of queries and include them in his next newsletter.

RESOLVED:  That the report of the meeting of the West Mercia Police Authority held on 15th February, 2005 be received.

To receive the report of the meetings of the Hereford & Worcester Fire and Rescue Authority held on 16th December, 2004 and 16th February, 2005.

Councillor G.W. Davis presented the report of the meetings of the Hereford & Worcester Fire and Rescue Authority held on 16th December, 2004 and 16th February, 2005.

In response to a query he agreed to find out if it was possible to include a contact number on the Fire Authority report.

RESOLVED:  That the report of the meetings of the Hereford and Worcester Fire and Rescue Authority held on 16th December, 2004 and 16th February, 2005 be received.

To confirm dates for Council meetings in the year 2005/06 as follows:

Friday, 29th July, 2005

Friday, 4th November, 2005

Friday, 10th February, 2006

Friday, 10th March, 2006 (To set the Council Tax)

Friday, 12th May, 2006 Annual Council (Shirehall)

All meetings will commence at 10.30 a.m. and will be held in the Council Chamber, Brockington, 35 Hafod Road, Hereford unless advised otherwise.

RESOLVED:  That the dates for Council meetings in 2005/06 be confirmed as follows:

Friday, 29th July, 2005

Friday, 4th November, 2005

Friday 10th February, 2006

Friday, 10th March, 2006 (To set the Council Tax)

Friday, 12th May, 2006 Annual Council (Shirehall)

All meetings to commence at 10.30 a.m. and be held in the Council Chamber, Brockington, 35 Hafod Road, Hereford unless advised otherwise.