To receive any apologies for absence.

Apologies were received from Councillor LO Barnett, Cabinet Member Social Care Adults.

Apologies were also received from Councillor WLS Bowen, Vice-Chairman of Strategic Monitoring Committee

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.

Councillors DB Wilcox and PJ Edwards declared a personal interest in item 6 : Hereford Open Retail Market during discussion of the item, as Hereford City Councillors.

To approve and sign the minutes of the meeting held on 19 March 2009.  (To follow).

RESOLVED:   That the Minutes (both open and confidential) of the meeting held on 19 March 2009 be approved as a correct record and signed by the Chairman.

To determine the future of the LEA pool and arrangements for school swimming in Hereford. To consider the longer term requirements for swimming across the whole county.

The Leader reminded Cabinet that Swimming Provision for Primary Schools in Hereford City had been considered by Cabinet in the Autumn of 2008, and as had been agreed was being referred back for consideration by Cabinet prior to Easter 2009.

An additional report by John Argent (HALO) was tabled entitled ‘Short Term Impact on not Re-Opening the LEA Pool’, together with its appendix which outlined pool programmes.

The Cabinet Member for Economic Development and Community Services introduced the item and drew Members’ particular attention to the findings of the Amateur Swimming Association (ASA) Officer on the condition of the LEA Pool.  The ASA Officer was of the view that the costs of refurbishments were such that it would not be economically viable to invest in repairs or refurbishment of the Pool.  The tabled report outlined the impact of the LEA Pool closure and the response, both immediate and on-going, by HALO to support the provision of both school and public swimming.

The Chairman of SMC, having presented the Leader with a letter, was invited to address Cabinet and, in outlining the strategic importance of the LEA pool to the county raised a number points which included; concerns regarding the limited information provided within the report for a decision to be reached (including lack of recent financial costings); the definition of the decision as non key; the evidence to support the achievement of curriculum targets and swimming attainment; the need for assurance that availability of public swimming will not be adversely affected whilst ensuring the well being and safeguarding of children.

Responding to issues raised, the Interim Head of Culture and Leisure underlined the current poor condition of the pool, which had been verified by the ASA Officer who had visited the LEA Pool accommodation at the invitation of local residents, clubs and local members. It was stated that the LEA Pool was losing 30m³ of water per day due to a crack in the middle of the pool, the repair of which (in the form of a pool liner) would cost £200k.  The insertion of a pool liner would not guarantee increased longevity for the pool, therefore posed a financial risk. Additional works to the superstructure of the building would require additional funding. The view of the ASA Officer was that the Council should not be investing further monies into the fabric of the LEA Pool.

The Cabinet Member Economic Development and Community Services advised Cabinet that the finite resources available needed to be used effectively to deliver the best possible service for the county’s residents.  He commended the work of HALO who had been recognised by other local authorities for their partnership working.  It was acknowledged that there was work to be progressed between HALO and the authority in the short term, and in the longer term, consideration would be given to the development of the county’s cultural strategy to determine the detailed requirements for the next 15-20 years and to consider how the objectives would be  ...  view the full minutes text for item 105.

Following consideration and approval by Joint Management Team, that Cabinet endorse the Workforce Strategy for Herefordshire Council and NHS Herefordshire for 2009-12.

The Cabinet Member Corporate and Customer Services and Human Resources introduced the report which outlined the joint workforce strategy for Herefordshire Council and NHS Herefordshire for 2009-12.

The Assistant Chief Executive HR and OD outlined key points of emphasis from within the report including the five objectives of the Workforce Strategy for 2009-12; (i) Recruitment; (ii) Talent Management; (iii) Retention; (iv) Training and Development and (v) Workforce Planning, all of which were underpinned by a series of deliverables and indicators of achievement.  Members were advised that the NHS Herefordshire Board had considered the Strategy at their meeting of 25 March and had, subject to the inclusion of reference to older people, endorsed the Strategy.

Members welcomed the Workforce Strategy for 2009-12 and emphasised its importance to underline the success of both organisation’s future.

During discussion the following issues were raised and responded to:

• Assurance was sought and provided with relation to the provision of support from the local authority for looked after children in providing assistance in areas such as filling in application forms, accompanying letters etc.  Members were additionally informed that support was provided to school pupils.

• Whilst it was stated that retention levels would be expected to improve due in large part to the current economic climate, it was recognised that the authority faced a challenge (as with other local authorities) in recruiting to Children’s Services posts due to the negativity surrounding recent events.  This situation was an organisational risk which would need to be addressed through a number of activities.

• Good communication and decent opportunities would be important to encourage young people to return to the County.

• Members were advised that, in general terms, most employees of organisations would leave due to career development or job change.  Further work would be undertaken on the current exit questionnaires to assist in providing a greater level of detail as to reasons for leaving.

RESOLVED:

                        That the Workforce Strategy for 2009-12 be endorsed

To consider the recommendations of the Community Services Scrutiny Committee held on 11 March 2009 in relation to the proposed relocation of the Hereford Open Retail Market into the St Peter’s Street/High Town interface and Commercial Street each Saturday and Wednesday.

The Chairman of the Community Services Scrutiny Committee presented the report which outlined the outcome of the Call-In by his Committee of Cabinet’s decision of 19 February 2009, which endorsed the recommendations of Cabinet.  He thanked the Cabinet Member Economic Development and Community Services for taking on board the comments of the Community Services Scrutiny Committee.

The Cabinet Member Economic Development and Community Services advised Cabinet of five specific areas of specific changes which would be further considered in relation to the relocation of the Hereford Open Retail Market:

(i)                  the relocation would be for an initial one year trial

(ii)                the strategy for new stalls including their location, would be revisited and adjusted where necessary (in consultation with Hereford City Partnership).

(iii)               A software package, Experion (measuring footfall), would be procured to assess the potential impact of the relocation of the Open Retail Market to the Butter Market.  This would also assess the impact to the Butter Market of other markets held within High Town.

(iv)              A review in detail of stall allocation would be carried out in conjunction with Hereford City Partnership.

(v)                A retail impact study would be conducted as soon as would be practicable.

The Legal Practice Manager advised Cabinet that the provisions of Section 5 of the Hereford Markets Act 2003 provided for a consultation exercise to be undertaken prior to any proposed relocation of a Charter Market.  The General Market, being under consideration in the Cabinet report was such a Charter Market.  The Legal Practice Manager indicated that officers from the markets and fairs section of the Council had undertaken such a statutory consultation process.  A point had however been subsequently developed in correspondence received from Hereford City Council to the Chief Executive, to the effect that Section 4 of the same Act required  consent to be obtained from any person whose "rights, privileges or powers" might be affected by any proposed relocation.  It was contended by the City Council that such persons included those who traded in or near High Town.  Counsel's opinion had been sought by the Assistant Chief Executive (Legal & Democratic).  The opinion had been considered. The view of the Assistant Chief Executive (Legal & Democratic) was that the commercial activities of those retailers referred to by the City Council did not amount to them having either "rights, privileges or powers" of the sort referred to in the Markets Act and as such obtaining their consent was not a legal requirement.

A local ward member in attendance apologised that the legal issue raised by Hereford City Council had not been raised as part of the Community Services Scrutiny Committee deliberations.

The Chief Executive stated the need for the authority to rely on senior legal advice provided by its officers.

The Leader emphasised that during debate held in a previous meeting of Cabinet on this issue, consideration had been given to risks associated with the Hereford Open Retail Market, including both the option of the relocation of the Open Market to  ...  view the full minutes text for item 107.

RESOLVED:

That the public be excluded from the meeting for the following 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.

To approve the selection of the new waste collection contractor for Herefordshire Council.

Cabinet received a confidential report concerning the selection of a new waste collection contractor for Herefordshire Council.

This item disclosed information relating to the financial or business affairs of any particular person (including the authority holding that information.

RESOLVED:

That Focsa Services (UK) Ltd be approved as the preferred supplier of Herefordshire’s Waste Collection contract.