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 again.

Councillor Rule said he would encourage the Children's Services Scrutiny Committee to carry out a review of the matter.

Questions asked by Councillor J.P. Thomas of the Cabinet Member (Environment)

"In the interests of public confidence in this Council's stewardship of the environment, is it not time that - in common with the majority of other planning authorities - we require all polytunnel development, above some de minimus level, to be subject to planning permission?"

Councillor Edwards reminded Council that, in consultation with interested parties, it had adopted a Code of Practice, which requires growers to submit information about temporary polytunnels consisting of metal frames covered in polythene and where crops are grown in the existing soil to enable the Council to determine if planning permission is required.  Based on the facts of individual cases, the Council may consider planning permission is not required.

The Code of Practice incorporates measures aimed at protecting the countryside and residential amenity but does not establish a threshold in relation to the area covered by polytunnels over which planning permission would be required, as it is the impact of each particular proposal which needs to be evaluated.

In response to a further question by Councillor Thomas, he reminded the Council that the Code was subject to annual review.

Question asked by Councillor J.P. Thomas of the Cabinet Member (Environment)

"Is there some way that this Council's waste disposal function can operate in such a way that skips of rubbish (including organic matter) collected from Leominster market on Friday afternoons, can be expeditiously removed from Etnam Street car park; instead of hanging around to rot for up to four days, as is now the practice?  Does he not agree that the current practice is unacceptable in the context of the needs of public health and tourism?"

Councillor Edwards said that officers were aware of the problems associated with Trade Waste Collections from Leominster Market on Friday evenings and were endeavouring to secure the removal of the waste on Saturday, rather than Wednesday. There were considerable financial implications to having Saturday collections and negotiations are continuing with our Contractor.  If it is not financially feasible to collect on Saturday, officers are trying to have the collection date brought forward to Monday.

Whilst it is agreed that the current arrangements are not ideal, the waste is of a similar nature to household waste and therefore, like other household waste, does not pose a Public Health Nuisance from being stored in proper Trade Waste bins (with close fitting lids) for several days.

Councillor Thomas said that the lids on the bins were not close fitting leading to waste spilling over.  Councillor Edwards said he would ask officers to investigate the matter further and hoped for a rapid improvement.

Question asked by Councillor W.L.S. Bowen of Cabinet Member (Economic Development, Markets and Property)

"Has a lease been agreed for the use of the Bulmer building in Plough Lane?  What are its terms? (including length of lease and repairing obligations)?"

Councillor Hyde said that the Council had taken a lease of the top floor and part of the ground floor at Plough Lane on 1st January, 2004.  The lease was for a period of five years and was not "excluded" under the Landlord and Tenant Act; therefore the Council had a right to renew.  The Council is in commercial negotiations with the owners.  He advised that a confidential report had been despatched with the agenda for Cabinet to be held on 19th May, 2005.  He said that no further lease had been agreed at this stage.

In response to a question about the use of the building as a civic centre Councillor Hyde said that there were no definite plans and any future use of the building would be subject to the owner's plans for the building.

Question asked by Councillor WLS Bowen of Cabinet Member responsible for Schools

"How many school meals does Herefordshire Jarvis provide and how many are provided by either schools' own kitchens or by other means?  Will all providers of school meals be asked to use Fairtrade products where appropriate and source other supplies from local suppliers and, preferably, organic producers?  What is the average cost of a school meal in Herefordshire?  What nutritional standards are required?"

Councillor Rule replied that Herefordshire Jarvis provides approximately 2,700 meals or 30% of the total 9,000 free and paid meals served on a daily basis. This figure is an average based on a full year and will vary throughout the year. Fairtrade terms and conditions are already included in the tender specification for the school meals service which all contractors must comply with.

The average daily spend in a self service high school cafeteria is £1.75 however this will vary depending on the individual selection made by pupils from the choices available from the menu.  The average cost of a meal transported into primary schools is £1.60 and for a meal cooked on site £1.50.  This includes a dessert.

Compulsory nutritional standards for school lunches came into effect on 1st April, 2001.  These healthy eating guidelines include reduced fat, sugar and salt, increased fibre, a wide range of salad, vegetables, fresh fruit and yoghurt available daily. DfES have proposed tough new minimum nutritional standards developed by a national expert panel will be rolled out to primary and secondary schools from September 2005 and becoming mandatory in September 2006. Additionally from September 2005, Ofsted will review the quality of school meals as part of regular school inspections and report to governors and parents.   

The Council participates in the national “Healthy Schools” initiative, which encourages pupils to adopt healthy lifestyles including the importance of adequate physical exercise and how to eat and drink healthily. Initiatives include grow your own vegetables and “five a day” portions of fruit and vegetables. In June all schools will be invited to attend a training session on the new Food in Schools toolkit. The Council is also working with the Bulmers Foundation to source local sustainable food.

Question asked by Councillor Mrs M.D. Lloyd-Hayes

"Will the Cabinet Member for Property please inform me as to the current position regarding Herefordshire Council taking a further lease of accommodation at the former Bulmers site?  When was the lease agreed, what are the terms i.e. length, rent and repairing obligations?  From which company or individual has the lease been granted?  Who has approved the taking of such a lease?"

The Chairman ruled that the answer to Councillor Bowen's question on the same subject would be a sufficient response, and invited Councillor Mrs. Lloyd-Hayes to ask a supplementary question.

Councillor Mrs. Lloyd Hayes asked why an item regarding Office Accommodation had been removed from the Forward Plan and asked if the Chairmen of the Scrutiny Committees could be informed if items were removed from the plan in the future.

The County Secretary and Solicitor explained that the Forward Plan is prepared on a four monthly rolling basis and is reviewed each month to inform the Cabinet's agenda.  Items may need to be moved from the agreed due date given the early planning period.  She would investigate if it was practical to notify Scrutiny Chairmen of any such changes.

Note:  All Scrutiny Chairmen receive full Cabinet agenda and reports, which clearly state if the item was a key decision and whether it was included on the Forward Plan.  If a key decision has not been included in the Forward Plan, the Chairman of the relevant Scrutiny Committee is normally sent a separate notification letter with the agenda.