The Chairman informed Council with great sadness of the passing of two former councillors, Beris Williams and John Edwards.

Both councillors had served for a substantial number of years on South Herefordshire District Council and then Herefordshire Council. It was recognised that they both represented their wards admirably and did distinctive service, with both holding the office of vice-chairman of the council; John Edwards retired from the council after two years as chairman.

Council stood in silence as a mark of respect.

The Chairman reported that he had written letters of condolence to the families of Beris Williams and John Edwards and that services were due to be held on 7 October and 13 October 2016, respectively.

To receive apologies for absence.

Apologies for absence were received from Councillors H Bramer, KM Guthrie, JLV Kenyon, JG Lester and LC Tawn.

Agenda item 7 (minute 33), Annual report of Hereford and Worcester Fire Authority.

Councillor RJ Phillips declared a pecuniary interest in this item, as vice-chairman, and on behalf of other councillors present who were members of the fire authority.

To approve and sign the Minutes of the meeting held on 15 July 2016.

The minutes of the previous meeting were received.

RESOLVED:      That the minutes of the meeting held on 15 July 2016 be confirmed as a correct record and signed by the Chairman.

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

Council noted the Chairman’s announcements as printed in the agenda pack.

The Chairman reported that one petition had been received immediately before the meeting from Hereford Transport Alliance in relation to the promotion of a tram system in conjunction with the South Wye Transport Plan. It was noted that the petition contained 375 signatures, collected in one day, and it had been requested that the petition be included in the consultation process on the transport plan. The Chairman handed the petition to Councillor PD Price, cabinet member infrastructure.

The Chairman advised that this was the last meeting to be attended by the Reverend Prebendary Paul Towner, who was retiring the following week as the Vicar of St Peter and St James, after 17 years’ service to the city and county. The Chairman presented him with a plaque of the county’s coat of arms, suitably engraved to mark the contribution he had made. In receiving the gift and thanking Council, the Reverend Prebendary commented on the importance of public service and the benefits of partnership working.

The Chairman drew attention to the concert to be held on Saturday 22 October 2016 in aid of the Chairman’s Charity, ‘The Haven’.

To receive questions from members of the public.

A copy of the public questions and written answers, together with supplementary questions asked at the meeting and their answers, is attached to the minutes at appendix 1.

The Chairman proposed, and Council agreed, to vary the order of business stated on the agenda so that the ‘Annual report of the Hereford and Worcester Fire Authority’ item was considered before the ‘Notices of motion under standing orders’ item.

To receive the annual report of Hereford and Worcester Fire Authority.

The new Chief Fire Officer, Nathan Travis, was welcomed to Council. Councillor RJ Phillips, vice-chairman of the Hereford & Worcester Fire Authority, introduced the report and invited questions from members.

During the discussion, the following principal points were made:

·                Attention was drawn to the success of the ‘Dying 2 Drive’ scheme, with almost 1500 young people attending, and praise given to the organisers, particularly Angela Tyler, and to the schools that had signed up. It was commented that the organisers were raising money for a simulator and councillors were urged to give their support to the initiative.

Councillor Phillips asked councillors to report back to schools in their wards about the value of the scheme.

·                Comments were made about Herefordshire’s large geographic area and, whilst recognising the budget pressures for all public services, the need to protect frontline firefighters.

In response, the Chief Fire Officer said that the fire authority was considering its medium term financial plan and it was estimated that by 2019/20 there would be a budget deficit of between £1.6m and £2.4m, predicated on the national pay agreement. He advised that a review was being undertaken on staffing across the board and the authority would be looking to manage a balanced budget whilst indicating its priorities to frontline firefighters.

·                It was noted that the service had attended 6,459 incidents in 2015-16, representing an increase of 347 on the previous year, and it was requested that a breakdown of figures for Herefordshire be provided for different types of fire and road traffic incidents.

Councillor Phillips and the Chief Fire Officer agreed to circulate further information. The Chairman suggested that it would be helpful if such further detail could be included in fire authority reports to Council in the future.

·                With reference made to Community Risk Management Plan (CRMP), it was requested that the voluntary Day Crewing Plus duty system trial period review findings be reported to councillors. It was also requested that the outcome of the Wyre Forest hub station consultation be made available.

Councillor Phillips said that, whilst it was a document belonging to the fire authority, the CRMP could be shared with councillors. However, the Wyre Forest hub station was considered a Worcestershire issue and this would be debated at the next fire authority meeting.

The Chief Fire Officer reminded Council that key documents about the service were already available on its website (at http://www.hwfire.org.uk/your-right-to-know/our-publications/), alongside information about fire authority meetings and agenda (at https://hwfire.cmis.uk.com/hwfire/Meetings.aspx).

·                A councillor commented that, at a recent town council meeting, reference had been made to negotiations ongoing between the police and fire service to combine the site in Bromyard. Confirmation was sought about these negotiations, whether it was desirable, and whether it would have any effect on the service provided by that fire station.

Councillor Phillips commented on the efficiencies associated with combining fire, police and blue light services, particularly during a time of public constraint. He said that an audit had been undertaken across the two counties; a joint  ...  view the full minutes text for item 32.

To consider notices on motion. Please be aware that that under section 100(A)(4) of the Local Government Act 1972, the public could be excluded from the meeting for motion one of the item of business on the grounds that it involves the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

1     Information relating to any individual.

2     Information which is likely to reveal the identity of an individual.

The Chairman reported that two motions had been submitted for consideration by Council.

The Chairman advised that it was for Council to decide whether, under section 100(A)(4) of the Local Government Act 1972, the press and public should be excluded from the meeting for the discussion on the first motion on the grounds that it involved the disclosure of exempt information relating to an individual as defined in schedule 12(A) of the act. He added that, in light of the subject matter, Council may choose not to exclude the public but the monitoring officer was obliged to ask Council to consider this.

Councillor CA Gandy moved that Council agree that this motion be debated in public, seconded by Councillor DW Greenow. This was carried, with two abstentions.

Motion 1: To admit Sasha Kindred OBE to be honorary freeman of the county of Herefordshire

In presenting the motion, the Chairman asked that references inferring that Sascha Kindred might retire from competition be deleted from the preamble to the motion.

In response to a question about the award, the Chairman said that the ability to confer honorary titles was set down in statute. The monitoring officer confirmed that the power under section 249 of the Local Government Act 1972, subsection 5, enabled the council to admit (a) persons of distinction and (b) persons who have, in the opinion of the authority, rendered eminent services to that place or area to be honorary freemen or honorary freewomen of the place or area for which it is the authority.

The Chairman noted that it was unusual for a council chairman to propose a motion but, in view of the special circumstances and for the first time during the life of this council, he proposed that Council make Sascha Kindred an honorary freeman of the county and made the following points:

1.         In September 2016, in the Paralympic Games in Rio de Janeiro, Sascha Kindred of Herefordshire had won a gold medal for the 200m men’s individual medley in swimming and broke the world record in doing so.

2.         This was the seventh gold medal that Sascha had won since competing in his first Paralympic Games in 1996 in Atlanta.

3.         Twenty years later, he had a marvellous record of achievement, winning a total of 62 major championship medals, including 7 golds at Paralympic Games, 11 golds at World Championships, and 14 golds at European Championships.

4.         In the Queen’s New Year Honours list of 2009, he had been awarded the Order of the Most Excellent Order of the British Empire for his sporting achievements.

5.         Four years ago, the former Council Chairman, the late Councillor Olywn Barnett, had presented a certificate of congratulations to Sascha and other medal winners of the 2012 Paralympic Games at a welcome home celebration.

6.         In the 2016 Paralympic Games, Sascha was the only Herefordshire resident Paralympian winner. The Chairman also paid tribute to Vicky Jenkins from Malvern who trained at Bromyard and had won a medal in archery.  ...  view the full minutes text for item 33.

To receive a report from the leader on the activities of cabinet since the meeting of Council in July.

The Leader introduced his report on the activities of cabinet since the meeting of Council on 15 July 2016. In particular, the Leader drew attention to the decision made by Cabinet on 28 July 2016 in respect of the council applying to become a non-constituent member of the West Midlands Combined Authority and repeated assurances to Council that he would keep members informed about progress on the issue.

Councillors asked questions about the report and associated matters, the following principal points were made:

i.           Referring to appendix 3, report on the activity of the Herefordshire community safety partnership (HCSP), a councillor expressed concern about future funding arrangements for new public open space, particularly in view of comments made at a recent members’ briefing about further cuts to maintenance budgets. He also asked the cabinet member health and wellbeing to input into the HCSP on this issue on the basis that it supported healthy and safe communities. The cabinet member health and wellbeing said that, notwithstanding whether this was an issue for the HCSP or if there was a genuine safety concern, the matter would be referred to the relevant cabinet member. Later in the meeting, the cabinet member transport and roads commented that maintaining public open space was a non-statutory part of the public realm contract and, given the budget pressures, the council had to choose whether it did things differently, paid for them differently, or stop doing them altogether.

ii.          Referring to paragraph 4 of the Leader’s report about the sustainability and transformation plans being developed by the NHS, the chairman of the health and social care overview and scrutiny committee expressed disappointment at the reluctance of NHS England to accept that both the scrutiny committee and the health and wellbeing board had a right to see the proposals which impact on service provision in Herefordshire before they were finalised.

The cabinet member health and wellbeing acknowledged the comments, thanked the director of adults and wellbeing for his efforts to bring the plans before members, and confirmed that the health and wellbeing board and the scrutiny committee would be holding meetings on this topic, in public on 19 October 2016.

iii.         A councillor drew attention to paragraph 6 of the Leader’s report about the consultation undertaken in relation to short breaks to provide respite and opportunity for children with disabilities and welcomed the progress made, with officers and the cabinet member young people and children’s wellbeing thanked for their work.

In response to a question, the Leader provided assurance that the council would maintain efforts and provide appropriate attention to these arrangements.

iv.        Referring to appendix 3, a councillor asked questions about the work being undertaken to understand and address the figures, specifically in relation to the increase in the number of hate offences (up 69% to 44 incidents) and the increase in the number of referrals to West Mercia Women’s Aid (up 24%) and calls to the helpline line (up 55%).

In response, the cabinet member health and  ...  view the full minutes text for item 34.

To consider acceptance and implications of the four year funding settlement offered by central government.

The Leader presented the report.

A councillor noted that, following consideration of the 2016/17 budget and medium term financial strategy (MTFS) by Council on 5 February 2016, central government funding had unexpectedly awarded Herefordshire additional funding within the rural services delivery grant. However, the council’s savings plans appeared to be unchanged from the MTFS which contained proposals to withdraw funding from services such as the rural subsidised bus network and the lengthsman scheme. The councillor considered that reducing funding to these services would have an impact on the quality of life and infrastructure within rural areas, placing additional pressures on parish council precepts. He added that recent briefings had made it clear that parish councils would be expected to contribute further it they wanted to maintain essential services; parish clerks and volunteer parish councillors were described as being ‘at breaking point’. Therefore, assurance was sought that the additional windfall funding within the rural services delivery grant would be discussed fully, with the intention of mitigating proposed cuts to essential rural services.

In response, the Leader said that he shared concerns about the pressures that parish councils found themselves under and the additional grant had not at the moment been earmarked for a particular purpose given the uncertainties about aspects of central government funding, including other grants. He commented that the level of reserves was still a small part of the total budget when expressed as a percentage. He considered that it would be inappropriate to make decisions until the council had a clearer picture of its general financial state.

Points made by other councillors during the discussion included:

1.         The approach of the Department for Communities and Local Government had left local authorities little option but to accept the settlement and rural counties were at a significant disadvantage compared to central London authorities in terms of business rates. A concern was expressed about a proposal to cap town and parish council precepts; another councillor later said that he understood that the cap would apply to the larger local councils.

2.         It was commented that the efficiency statement gave the impression that the authority was flourishing but it was actually facing difficult times. It was suggested that the additional rural services delivery grant could be used to improve rural roads.

3.         It was becoming more difficult for parish councils to recruit and retain parish councillors which could have a significant impact on future viability.

The Leader reiterated that he shared this concern and urged members to make representations to the government.

4.         It was noted that the Local Government Association had campaigned for a four year settlement but this was considered a bare minimum offer which was not guaranteed, with the government reserving the right to change the settlement due to unforeseen events, and it did not offer the financial security needed.

5.         Returning to the matter of the rural services delivery grant, a councillor said that the authority should be able to use the funding to reduce the rate at  ...  view the full minutes text for item 35.

To designate a post as section 151 officer.

The Leader, in his capacity as chairman of the employment panel, introduced the report. It was reported that the constitution delegated authority to the chief executive, as head of paid service, to make interim appointments to senior management positions and that Mark Taylor had been appointed interim director of resources.

A councillor, and member of the employment panel, said that he understood the delegation made in the constitution but wished it to be noted that he considered it regrettable that on this occasion the Leader had not taken the opportunity to involve the panel in this appointment process and, in making this recommendation to Council, some panel members had little awareness about the candidates involved.

The decision was carried, with three abstentions.

RESOLVED:

That the interim director of resources, Mark Taylor, be designated as section 151 officer to the council.

To receive any written questions from Councillors.

A copy of the member questions and written answers, together with supplementary questions asked at the meeting and their answers, is attached to the minutes at appendix 2 (to follow).