To receive any apologies for absence.

Apologies were received from the following Group Leaders: Councillors ACR Chappell, GFM Dawe and RI Matthews.

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

GUIDANCE ON DECLARING PERSONAL AND PREJUDICIAL INTERESTS AT MEETINGS

The Council’s Members’ Code of Conduct requires Councillors to declare against an Agenda item(s) the nature of an interest and whether the interest is personal or prejudicial.  Councillors have to decide first whether or not they have a personal interest in the matter under discussion.  They will then have to decide whether that personal interest is also prejudicial.

A personal interest is an interest that affects the Councillor more than most other people in the area.  People in the area include those who live, work or have property in the area of the Council.  Councillors will also have a personal interest if their partner, relative or a close friend, or an organisation that they or the member works for, is affected more than other people in the area.  If they do have a personal interest, they must declare it but can stay and take part and vote in the meeting. 

Whether an interest is prejudicial is a matter of judgement for each Councillor.  What Councillors have to do is ask themselves whether a member of the public – if he or she knew all the facts – would think that the Councillor’s interest was so important that their decision would be affected by it.  If a Councillor has a prejudicial interest then they must declare what that interest is and leave the meeting room.

The Leader, Councillor RJ Phillips declared a personal interest in the following items:

Item 4: as a member of the Youth and Justice Panel

Items 7 and 8: as a Director of ESG Board

The Cabinet Member Highways and Transportation, Councillor DB Wilcox, declared a personal interest in the following item

Item 4: xxxxx

The Chairman of Strategic Monitoring Committee, Councillor PJ Edwards, declared a personal interest in the following items:

Items 7 and 8: as the former Cabinet Member for Environment

The Cabinet Member Corporate and Customer Services and Human Resources, Councillor JP French, declared a personal interest in the following item:

Item 6: as a Governor of Minster College

To approve and sign the minutes of the meeting held on 31 July 2008

RESOLVED:   That the Minutes of the meeting held on 31 July 2008 be approved as a correct record and signed by the Chairman.

To endorse the Youth Justice Plan which is prepared on an annual basis on behalf of Herefordshire Council and Worcestershire County Council

The Cabinet considered the Youth Justice Plan, a document prepared on an annual basis on behalf of Herefordshire Council and Worcestershire County Council.  Members were advised that the plan had been prepared by the Youth Offending Service in line with the deadlines and strict guidance from the Youth Justice Board (YJB), which had this year, in partnership with the Youth Offending Services, developed a new outcome-focussed youth justice planning framework.  The self-assessment framework would identify risks and associated mitigative actions and would be assessed and validated by the YJB which would rate the service (1 [poor] – 4 [excellent]).  Members were informed that the score would inform inspection processes such as APA and Comprehensive Area Assessment.

The Leader acknowledged the multi agency approach taken to working with vulnerable people who required early intervention and support.  In discussion it was proposed that a Members seminar be arranged on this topic in order that Members (as part of their community leadership and corporate parent roles) were fully aware of the topic and appreciated its impact on performance and priorities.

It was noted that a number of Community Panel Members had served the maximum period of two three year terms and assurance was sought that these vacancies would attract a sufficient number of high calibre applicants.  Members were advised that the terms of office for Community Panel Members followed Home Office guidance and that no problems were anticipated in filling the vacancies with appropriate volunteers.

Clarification was sought as to the method by which budgets were allocated as the Youth Justice Plan covered the geographical area of both authorities.  Members were informed that the budget for the Youth Offending Team was funded by local partner agencies and that the budget was allocated according to the number of looked after children cases.

A Member in attendance queried the reason as to why there was no measurement of re-offending noted for 2007/08 and emphasised the need to ensure timely performance data.  Additionally the Member asked what action had been taken to get young offenders to put right the impact of their offending e.g graffiti.  In response, Members were advised that targets set by the Youth Justice Board sought to achieve percentage reductions on 2005/06 baseline figures.  Whilst there was an attempt to link youth offenders to recreational activities e.g cleaning graffiti, no information was to hand as to these figures across Herefordshire and Worcestershire.

RESOLVED    that: the youth Justice Plan as prepared be endorsed and that it be recommended within the Policy Framework that the Plan be approved by Council at its meeting on 31 October.

It was further agreed that an all Member briefing be arranged on the work of the Youth Offending Team and the Youth Justice Plan, preferably prior to the 31 October 2008.

To consider the recommendations of the review of the Service Delivery Partnership with Amey and approve a preferred approach to future service delivery to enable formal negotiations to commence.

Cabinet considered a report which outlined recommendations of the Service Delivery Review of the Council’s Service Delivery Partnership with Amey, and their approval was sought to commence formal negotiations regarding a preferred model of future service delivery.  The Director of Environment and Culture informed the Cabinet that a Herefordshire Model of service delivery was the preferred model, and subject to successful negotiations, Amey would incorporate the relevant Council staff responsible for the relevant service areas under TUPE arrangements.  Members of the Council had been invited to comment on the draft report and their views were outlined in Appendix 2 of the report.

The Chairman of the Strategic Monitoring Committee advised Cabinet of the outcomes of the discussion held at SMC on 10 September, which agreed the following; that

(a)     the SMC broadly supports the recommendations being made to Cabinet on the Service Delivery Review of the Council’s Service Delivery Partnership with Amey;

(b)     the SMC noted that detailed negotiations will give rise to a further opportunity to scrutinise the methods being proposed to measure both quality and value for money of both individual projects as well as the contract as a whole;

(c)     further reassurance be sought on the employment matters and financial implications once firm proposals have been agreed by both parties;

(d)     the SMC be reconsulted once the asset management and property review is completed at the latest by March 2009;

(e)     regard be had by Cabinet to the Committee’s other principal observations as set out above.

The Chairman of the SMC informed the Cabinet of the principal points which were made during the course of discussion, which are attached as Appendix 1 to these minutes.

The Leader stated that whilst the cost of renegotiating the contract was estimated to be £200,000 (which would include consultancy fees for external legal and contract renegotiation advice), this cost should be considered in the context of the whole life of the contract.

Members praised both Council employees and Amey contractors for their joint working for the benefit of the people of Herefordshire in dealing with the serious damage inflicted on the County during the recent flooding.   The Cabinet Member  Highways and Transportation informed Members that word of thanks had been sent to staff by him and the Head of Service recognising the work undertaken during the recent floods.  The work of the rescue services was also acknowledged.

The Cabinet Member Corporate, Customer Services and Human Resources informed Cabinet that appropriate senior support would be provided by the Human Resources team and that the process would be closely monitored.  It was recognised that any change in the service delivery model would impact on staff and that it was important that advice and guidance was available. 

In discussion it was emphasised that an alternative model of service delivery would require a very strong client side responsible for ensuring agreed specification, value for money etc.  Assurance would be sought on the effectiveness of the partnership (client/contractor) and the mechanisms by which non compliance would  ...  view the full minutes text for item 42.

To receive and approve the recommendation of the Building Schools for the Future Project Board to award the design and build contract for the above scheme to Stepnell Limited.

The Cabinet Member for ICT, Education and Achievement advised Cabinet that the Cabinet Members for Children’s Services and ICT, Education and Achievement had taken a key decision to appoint Stepnell Ltd as the preferred contractor.  The item under consideration provided Cabinet with an update on the delivery of the project and sought Cabinet’s ratification of the contract, which was not a key decision as outlined in the report.

The Schools Planning and Access Manager advised Members that through the Buliding Schools for the Future project, Herefordshire had been successful in bidding for £20,642,037 to deliver the Minster College Building Schools for the Future ne School Pathfinder scheme, the funding of which was being met through the Department for Children Schools and Families.  Members were informed that following a two stage tendering process, three tenders were submitted and evaluated, with Stepnell Ltd being appointed as the preferred contractor.

The Cabinet Member Corporate Customer Services and Human Resources stated that the project was good news for the county as a whole, and in particular those in the north of the county.  The new school buildings would provide a community facility for the arts, which has long been a priority for the area.  It was vital that the scheme was completed to deadline as the school was currently being accommodated in portacabins in advance of the availability of the new buildings.

In response to question from a Member in attendance, the Schools Planning and Access Manager stated that item 10 on the risk register relating to ICT integration and infrastructure (page 199), would remain with the contractor and would need to be delivered in line with the detailed contract outline.

Members complemented the clear manner in which the content of the risk register (appendix 3 to the report) had been presented.

The Chairman of the Children’s Services Scrutiny Committee informed Cabinet that she had attended several public meetings in relation to Minster College and was pleased to confirm her support for the project.  Cllr Robertson stated that it had been evidenced that children performed educationally better in a pleasant teaching environment, and with this in mind, it was therefore disappointing that the scheme would not be due for completion until December 2010.

RESOLVED                that: Cabinet endorse the recommendation of the report that the Building Schools for the Future (BSF) Project Board award the design and build contract, for the Minster College Building Schools for the Future One School Pathfinder scheme, to Stepnell Limited.

To seek approval for preparatory steps to be taken to acquire by agreement or make a potential compulsory purchase order for land at Faraday Road

The Cabinet Member Economic Development and Community Services presented a report which sought the approval for preparatory steps to be taken to acquire by agreement or make a potential compulsory purchase order for land at Faraday Road, Hereford.  The Cabinet Member advised Cabinet that the land was allocated for employment use within the adopted Unitary Development Plan and if required could provide a site to which business from within the ESG area could be relocated.  The total area of the plot was 4.3 acres and was currently the only sizable employment development site north of the river Wye.

The Chairman of the SMC declared a personal interest, as he was the relevant Cabinet Member in post when the UDP was adopted. 

In response to a question raised, the Director of Regeneration advised Cabinet that although a statutory challenge to the Inspector’s decision to the refusal of planning permission was being sought by Bovale Limited and would be heard on 12 October, this hearing did not relate to the ‘ownership’ of the land, and therefore did not preclude Cabinet from forming a view on the issue.

RESOLVED to

(a)   Authorise negotiations with the owners of all interests in the land at Faraday Road in an attempt to acquire the land by agreement;

(b)   Agree that the Council will in principle consider using its powers of compulsory purchase to promote an Order for the compulsory purchase of the land and authorise preparatory steps to be taken as required in tandem with negotiations to acquire by agreement; and

(c)   Note that if the Land cannot be acquired by agreement, a further report confirming the financial implications and options available to the Council, and recommending a preferred course of action will be prepared for Cabinet.

To adopt the ESG Masterplan as a basis for the ongoing development of the ESG Area and as a material consideration in the determination of relevant planning applications.

The Cabinet Member Environment and Strategic Housing introduced the report that sought the endorsement of Cabinet to the ESG Masterplan and its consideration in the determination of relevant planning applications.  Councillor Jarvis stated that the Masterplan had been developed in line with the UDP policies and those of the adopted Supplementary Planning Document, and as such all three had been developed to act in a complementary manner.

The Chairman of SMC declared a personal interest as a former Cabinet Member for Environment.  He wished to forward the view of his group leader (who was not present), who expressed concern about the potential impact to the traders in the city.  In response the Leader emphasised that the ESG Masterplan sought to deliver maximum benefit for both the City of Hereford and for Herefordshire as a whole.  The future of Hereford City as a vibrant retail centre was integral to the success of the ESG.

During discussion of this issue, general support was given the ESG Masterplan and ESG Ltd were thanked for making available workshops on differing topics.  It was acknowledged that the Masterplan was a flexible document which had benefited from incorporating several areas of new thinking, which had come about as a result of wide consultation and dialogue.

The Cabinet Member Highways and Transportation stated that assurance had been given on the development of even closer working on issues, e.g the same consultants had been retained to develop solutions for both pedestrian and road traffic, thus providing a real opportunity to develop future synergies.

A ward member addressed the Cabinet and stated that the brief given to ESG was flawed and was not brave.  The Masterplan was constrained by site and was not seeing the city centre as a whole.  Cabinet was requested to consider undertaking a Town Centre Impact Assessment which would assess the affect on the Town Centre and consider the mitigating affect on existing traders.  The ward member urged Cabinet not to limit the ESG project, to be flexible in its approach and to incorporate other sites.

The Cabinet Member for Economic Development and Community Services stated that the ESG incorporated an extended and united City Centre and that the Hereford City Partnership would be considering this further.  It was emphasised that to do nothing would be to the detriment of the Hereford and that both national companies and local businesses were working towards the ESG.  The redevelopment of the Butter Market was given as an example of how the historical heart of the City would be incorporated in the future of the extended city centre project. 

A Member in Attendance stated that the linkage between the ESG site and the city centre was crucial, as it needed to be seamless and include retail outlets.  Whilst it was acknowledged that there was no easy solution to this issue, it was a crucial element to overcome.  It was recognised that flexibility of approach would be required in the current economic climate.  Members were reminded that a scrutiny  ...  view the full minutes text for item 45.