The Very Reverend Michael Tavinor led the Council in prayers.

Councillor Julie Woodward

Councillor MAF Hubbard paid tribute on behalf of Council to Councillor Julie Woodward who had died suddenly.

Council stood in one minute’s silence in remembrance.

To receive apologies for absence.

Apologies were received from Councillors RC Hunt and GA Powell.

Agenda Item 6. QUESTIONS FROM MEMBERS OF THE PUBLIC.

Councillor AN Bridges, Personal, Employee of Network Rail.

Agenda Item 8. NOTICE OF MOTION ONE UNDER STANDING ORDERS.

Councillor PA Andrews, Personal, Member of Hereford City Council.

Councillor AM Atkinson, Personal, Member of Ross Town Council.

Councillor ACR Chappell, Personal, Member of Hereford City Council.

Councillor EMK Chave, Personal, Member of Hereford City Council.

Councillor PJ Edwards, Personal, Member of Hereford City Council

Councillor EPJ Harvey, Personal, Member of Ledbury Town Council.

Councillor AJ Hempton-Smith, Personal, Member of Hereford City Council.

Councillor JLV Kenyon, Personal, Member of Hereford City Council.

Councillor SM Michael, Personal, Member of Hereford City Council.

Councillor NP Nenadich, Personal, Member of Hereford City Council

Councillor C Nicholls, Personal, Member of Hereford City Council.

Councillor DB Wilcox, Personal, Member of Hereford City Council.

Agenda Item 8. NOTICE OF MOTION TWO UNDER STANDING ORDERS.

Councillor AJM Blackshaw, Personal, Candidate for election to office of West Mercia Police and Crime Commissioner.

Councillor WLS Bowen, Personal, Member of West Mercia Police Authority.

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Agenda Item 11. STRATEGIC PLAN FOR CHILDREN AND YOUNG PEOPLE IN HEREFORDSHIRE; THE "YES WE CAN" PLAN.

Councillor AJ Hempton-Smith, Personal, Member of Herefordshire County Voluntary Youth Service.

To approve and sign the Minutes of the meeting held on 25 May 2012.

RESOLVED:  That the Minutes of the meeting held on 25 May 2012 be confirmed as a correct record and signed by the Chairman, subject to the following amendments:

·         (Minute no 8 – appendix 1) That it be recorded that the answer to question 5 of the public questions to Council on 25 May was incorrect in stating that no other Councillors had taken up cycle training.  Councillor PJ Edwards had done.

·         (Minute no 10) That the first sentence of Minute no 10 be deleted.

·           (Minute no 9 – appendix 2) Councillor EPJ Harvey informed Council that, with reference to the answer to her question to Councillor Jarvis at Council on 25 May (question 11), as recorded at page 16 of the agenda papers, the question and supplementary question asked and the answers given at that meeting were correctly recorded.  However, subsequent correspondence with the Leader had revealed that, in giving the answer, the LDF Steering Group had been confused with her question about the LDF Task Group.

She therefore requested that it be recorded in the Minutes that the correct answer to her original question in May should have been:

“The most recent meeting of the LDF Task Group was held in September 2010; the minutes of this group’s meetings are available on the website.”

She stated that had she received this response at the time she would have asked a very different supplementary question.

She requested that this planned supplementary question also to be noted in the minutes, since under the constitution she was now barred from asking her original or any similar question for the next 6 months.

The supplementary question was prepared as being:

According to its terms of reference the Task Group:

·         “is a non-executive group to advise on the preparation of the documents which together make up Herefordshire Council’s Local Development Framework

·         will have a particular focus on advice concerning the consistency of the emerging policies with the priorities and programmes of the groups they represent

·         will be supported by Planning, Transportation and other officers of Herefordshire Council as required, and

·         minutes of each of their meetings will be circulated in draft, and agreed with the Chairman and published on the Council’s website”;

and its membership: “will include representatives of Herefordshire Partnership and Herefordshire Council thus: Herefordshire Partnership representatives drawn from Policy and Delivery Groups (PDGs) including at least one “Business representative” to represent the Economic Development PDG, one “Environmental representative” to represent the Environment PDG, one “Community representative” to represent the Stronger Communities PDG,  additional member(s) as required to represent the other PDGs/the Board, a member of staff of the Partnership Team itself; and Herefordshire Council representatives: Cabinet Members for the portfolio areas which include Environment, Transportation and Economic Development; up to two Members to represent the minority political groups and the Chair of the Environment Scrutiny Committee in an ex-officio capacity”.

With this in mind, and given the very recent recognition of the need to undertake further work to ensure the robust nature  ...  view the full minutes text for item 23.

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

The Chairman in her announcements:

·         Reported with sadness the tragic death of Warrant Officer Class 2 Leonard Thomas, from Symonds Yat killed in Afghanistan,

·         Expressed how wonderful it had been to see so many people turn out to see Her Majesty the Queen on Diamond Day.   Herefordshire had given Royal visitors a wonderful welcome and it had been a memorable day. 

A small replica of the Hereford Bull in High Town had been presented to Her Majesty the Queen.  The Chairman had thanked Hereford Academy for designing the presentation box for the bull.

She congratulated the organisers for their hard work in delivering such a fantastic event and also thanked all the volunteer stewards who had contributed to the success of the day.

·           Reported that at a meeting between the Governor of the State of Washington, the Communities Secretary, representatives of the Get It Group and the Council a memorandum of agreement had been signed with the potential to bring over 500 jobs to the County.

·           Reported that she had hosted a reception at the Hay Festival, an important highlight of the year for Herefordshire, attracting worldwide interest and providing an opportunity to showcase the County.

·           Welcomed the holding of the prestigious Three Choirs Festival in Herefordshire, another example of superb organisation and partnership working. 

·           Thanked the custodians at the Shirehall who worked so hard to prepare the hall for Council meetings as well as other events.

·         Thanked all those members of staff and partner organisations for their hard work in keeping the County going during the recent heavy rainfall and local flooding.

·         Congratulated Mr David Stevens, who had chaired the Council’s Standards Committee on being awarded the MBE in the Queen’s Birthday Honours List for services to the community.  Members applauded Mr Stevens.

To receive questions from members of the public.

A copy of the public questions and written answers, together with the supplementary questions and answers asked at the meeting are attached to the Minutes as appendix 1.

To receive any written questions from Councillors.

A copy of the Member questions and written answers, together with the supplementary questions and answers asked at the meeting are attached to the Minutes as appendix 2.

Two Notices of Motion have been submitted for consideration by Council.

Notice of Motion One

Submitted by Councillors EPJ Harvey, AM Atkinson, MAF Hubbard, JLV Kenyon and FM Norman.

Background: In December 2012 The Portas Review: “An independent review into the future of our high streets” was published by the Department of Business Innovation & Skills. In 2012 funds have been made available for pilot projects across the country to implement some of this report’s recommendations. Currently this county has 4 bids submitted for funding under the second tranche of Portas Pilot projects covering: Hereford City, Ledbury, Leominster and Ross-on-Wye.

Huge amounts of thought and effort have come together to construct these bids – which are all aimed at strengthening and improving the retail centres of our market towns and cathedral city. The teams submitting these bids have brought together the ideas and enthusiasm of communities across our county. Whether or not one or more of our bids is successful in the latest round of funding, there is much which this Council can do to support and encourage these communities to deliver on their visions and to work together to share their ideas to the benefit of all the high streets of Herefordshire.

With this in mind, I propose that this Council resolves to support the high streets of Herefordshire by implementing the local government level recommendations of the Portas report; encouraging landlords, business owners and communities to work together to ensure the relevance, resilience and renewal of all of our town centres. Specifically we shall:

1.    endorse, encourage and materially support the “Town Team” model of community engagement in the operational management of our high streets;

2.    celebrate markets in all their forms and encourage new market traders by actively reviewing trading regulations and promoting a “Herefordshire Market Day”;

3.    encourage new business through the exercise of new powers to approve business rate concessions and by the implementation of parking schemes tailored to the needs of a Locality in discussion with Town Teams;

4.    facilitate skills sharing and mentoring between large businesses and small local and independent retailers;

5.    engage with commercial landlords to support new and existing businesses through more flexible rent reviews, short tenancies and pop-up business models, and, if necessary, use statutory powers of compulsory purchase to ensure the redevelopment of key high street retail space; and

6.    promote Neighbourhood Planning and encourage the inclusion of the High Street as a distinct area in Neighbourhood Plans.

Notice of Motion Two

Submitted by Councillor PM Morgan.

This Council is extremely concerned that the West Mercia Police are planning to reduce the number of Community Support Officers within Herefordshire.

This Council would like to ask the West Mercia Police to reconsider this decision, and see if there are ways in which we could work together to preserve and enhance the Community Support Officer role, which we believe performs an extremely valuable service within our communities.

Notice of Motion One - Supporting the High Streets of Herefordshire

Councillor EPJ Harvey proposed the Notice of Motion and Councillor AM Atkinson seconded it.

Councillor Harvey noted that Councillors from all four of the Market Towns that had submitted bids for funding under the second tranche of Portas Pilot projects had signed the motion.  A number of recommendations in the Portas Review were for implementation at local level and the motion sought to support these aspects being taken forward.

She stated that the County had a truly unique architecture: a large market town in the form of the cathedral city at the geographical centre surrounded by five distinct and characterful market towns – pretty much equidistant from one another and from the city. This was an incredibly resilient layout upon which to build.

The high streets and town centres were the hubs of the County’s communities supporting hundreds of local jobs.

It was an indication both of the esteem in which the County’s high streets were held and the tipping point at which many were now poised that in Herefordshire four communities had developed plans to implement aspects of the Portas Review’s recommendations.

It was difficult to predict the effects of economic events at a national level. However, whatever changes they may bring, attention given now to the maintenance and improvement of the County’s town centres, and to strengthening the businesses and  communities which inhabit them, could only deliver a positive result.

Councillor Atkinson commented that whilst local communities were making considerable efforts on their own initiative they needed help.  The Council should do what it could to help and support them.

A Member suggested that representatives of the Market Towns and the City should consider combining to submit a single bid under the Portas Scheme.

The Cabinet Member – Enterprise and Culture and the Leader of the Council spoke in support of the motion.

A Motion that the question be now put was carried.

RESOLVED (unanimously): That the Notice of Motion be supported:

That the Council resolves to support the high streets of Herefordshire by implementing the local government level recommendations of the Portas report; encouraging landlords, business owners and communities to work together to ensure the relevance, resilience and renewal of all of our town centres. Specifically the Council shall:

1.    endorse, encourage and materially support the “Town Team” model of community engagement in the operational management of our high streets;

2.    celebrate markets in all their forms and encourage new market traders by actively reviewing trading regulations and promoting a “Herefordshire Market Day”;

3.    encourage new business through the exercise of new powers to approve business rate concessions and by the implementation of parking schemes tailored to the needs of a Locality in discussion with Town Teams;

4.    facilitate skills sharing and mentoring between large businesses and small local and independent retailers;

5.    engage with commercial landlords to support new and existing businesses through more flexible rent reviews, short tenancies and pop-up business models, and, if  ...  view the full minutes text for item 27.

To provide an overview of the Executive’s activity since the last Council meeting.

The Leader of the Council, Councillor JG Jarvis, presented his report.

He thanked the Chairman of the Council for her work in support of the Royal visit to the County.  He also informed Council that the Secretary of State for Communities and Local Government had granted planning permission for the development of a waste incinerator at Hartlebury, Worcestershire.

Members made comments on the following items:

·         Page 28 of the agenda papers paragraph 4 – The Leader of the It’s Our County Group put on record his Group’s view that unless a fully tested “no road” option was included in the Core Strategy difficulties lay ahead.

·         Page 30 paragraph 22 – The Leader was requested to support an application for funding to provide for the replacement of four trees and the replacement of seating that had been removed to allow for the installation of the Hereford Bull sculpture in High Town.  The Leader of the Council confirmed his support for this work.

·         Page 29 paragraph 19 – Attention was drawn to the number of people on the housing waiting list and the fact that many had no prospect of being housed. It was suggested that a way had to be found of enabling applicants to have a clearer understanding of their housing prospects.  The Leader commented that this was an extremely difficult problem.  The relevant Cabinet Member and Cabinet Support Member were considering the matter and concerns should be brought to their attention.

·         Page 28 paragraph 6 -  It was questioned whether it was correct to refer to the first phase of the root and branch reviews as being “well in hand”.  The Leader commented briefly on the programme of reviews.

·         Page 27 – Confirmation was sought that the Council had sufficient capital funding in place to support the Joint Waste Strategy.

·         Page 28 paragraph 4 - It was requested that the outstanding matters referred to in that paragraph in relation to finalising the Local Development Framework should be listed, for Members reference.  The Leader agreed to consider this request.

·         Page 30 paragraph 20 – Clarification was sought as to who had made appointments to the Enterprise Zone Board, the selection criteria, and who paid the appointees.  The Cabinet Member – Enterprise and Culture commented that the Board was established by the Marches Local Enterprise Partnership.  A Managing Director for the Enterprise Zone had recently been appointed on an interim basis in accordance with the policy governing such appointments.  He highlighted the planned investment by the Get it Group in the Enterprise Zone and the plans of that Group to work with local schools and colleges to try to ensure that local people would have the skills to take the jobs that would be generated.

·         Page 29 paragraph 12 – With reference to the consultation on the adult social care charging policy and the policy that any charges made needed to cover the cost of services, assurance was sought that those on low incomes and on benefits would not be  ...  view the full minutes text for item 28.

To consider and approve the proposed submission to the Local Government Boundary Commission for England, in respect of council warding arrangements for Herefordshire. 

Council was invited to consider and approve the proposed submission to the Local Government Boundary Commission for England, in respect of council warding arrangements for Herefordshire. 

The Leader of the Council presented the report.  He noted that whilst the Commission would change the detailed boundaries of wards he considered there was a major principle that he wished to recommend to the Commission.  This was that each ward should be represented by a single Member who would be accountable to the electorate for their performance.

Councillor MAF Hubbard proposed the following amendment to recommendation b in the report published with the agenda papers.

This Council recognises that warding arrangements as set out in Appendix 1 to the report do not take account of the flexibility for multi-member wards as explained in part 6 of appendix 2 to the report.

This Council further resolves that a request be made to the Local Government Boundary Commission to look specifically at Herefordshire’s urban areas and where evidence is brought forward that communities are being split they apply this flexibility.

Councillor Hubbard stated that the amendment was consistent with point 6 of the Electoral Review Warding criteria set out at appendix 2 to the report which had been agreed by the Electoral Review Working Group following hard debate.  The current proposals based on single ward representation clearly split communities.

Councillor PJ Edwards seconded the amendment. He expressed concern that the Council would lose credibility if it were now to abandon its previous position that there should be flexibility and argue instead for single Member wards across the whole County.  This would undermine the rest of the Council’s submission.

A number of Members expressed the view that single Member wards strengthened accountability and provided clarity to the electorate.  Others spoke in support of the flexibility of multi-member wards, the choice it offered to residents, and the ability to share the workload and pool skills and expertise.

Members commented that a number of proposals in the draft submission split communities.  Examples given included: Bromyard, Holmer, Ledbury, Leominster and Sutton Walls.

Another Member commented that the proposals for Hereford City were fundamentally flawed, highlighting conflict with parish boundaries within the City which would cause confusion when elections were held.

It was suggested that only one ward had actually needed to be changed and the Council should have left well alone and focused on more important issues.  The Leader challenged this point noting that the Commission’s criteria had necessitated change.

In summing up, Councillor Hubbard commented that the electoral review was about both accountability and effective representation.  He emphasised the wording of the motion, that where evidence was brought forward that communities were being split there should be flexibility.

A motion that the question be now put was carried.

A named vote was called on the amendment.

The following Members voted in favour of the amendment (24):  CNH Attwood, PL Bettington, WLS Bowen, AN Bridges, EMK Chave, PJ Edwards, KS Guthrie, J Hardwick,  ...  view the full minutes text for item 29.

To consider and approve the Yes We Can plan, as the strategic partnership plan for children and young people in Herefordshire.

(This item was agreed unopposed in accordance with 4.1.7.2 of the Constitution.)

RESOLVED: 

That      (a)     the Yes We Can plan as recommended by Cabinet be approved;

(b)        it be noted that the priorities within the Yes We Can plan will be considered as part of the Council’s Root and Branch Reviews.

To advise Council of the steps required to implement the provisions of Chapter 7 of the Localism Act 2011 regarding standards of conduct for Members and co-opted members of the Authority.

(This item was agreed unopposed in accordance with 4.1.7.2 of the Constitution.)

The Minutes of the final meeting of the Standards Committee held on 15 June 2012 had been circulated to Members in advance of the meeting.

RESOLVED:

That    (a)        the Code of Conduct be adopted;

            (b)       the Complaints Process be adopted;

            (c)        the granting of dispensations be delegated to the Audit and Governance Committee and the Monitoring Officer be requested to make recommendations about further delegations;

            (d)       the powers of Audit and Governance Committee be enlarged to enable it to determine complaints about member conduct and the Monitoring Officer be empowered to make any necessary consequential amendments to the Constitution;

            (e)        the Audit and Governance Committee be requested to bring forward amendments to Standing Orders as a matter of urgency;

            (f)        all members be encouraged to attend training;

(g)          the members of the Standards Committee be thanked for their hard work and especially their assistance in developing these proposals; and

(h)          the Minutes of the final meeting of the Standards Committee held on 15 June 2012 be noted.

To approve the Treasury Management Outturn Report as agreed at Cabinet on 14 June 2012.

(This item was agreed unopposed in accordance with 4.1.7.2 of the Constitution.)

RESOLVED: That the Treasury Management out-turn report be approved.

To endorse the Herefordshire Community Safety Strategy 2011-2014.

(This item was agreed unopposed in accordance with 4.1.7.2 of the Constitution.)

RESOLVED: That the Herefordshire Community Safety Strategy 2011-2014 be adopted.

To receive the report of the meetings of the Hereford & Worcester Fire and Rescue Authority held on 15 February and 20 June 2012.

(This item was agreed unopposed in accordance with 4.1.7.2 of the Constitution.)

RESOLVED:            That the report of the meetings of the Hereford & Worcester Fire and Rescue Authority which were held on 15 February and 20 June 2012 be received.

To receive the report of the meetings of the West Mercia Police Authority held on 14 February 2012 and 19 June 2012.  Councillor WLS Bowen has been nominated for the purpose of answering questions on the discharge of the functions of the Police Authority.

(This item was agreed unopposed in accordance with 4.1.7.2 of the Constitution.)

RESOLVED:   That the report of the meetings of the West Mercia Police Authority held on 14 February  and 19 June 2012 be received.

To receive the report of the Employment Panel held on 12 June 2012. (To follow)

RESOLVED: that under section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for this item of business on the grounds that it involved the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below and it was considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

Paragraph 1   Information relating to any individual.

Paragraph 5   Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

(The following is the complete Minute of the proceedings during which the public were excluded.)

The report of the Monitoring Officer including details of the consultation with the employee concerned was considered.

RESOLVED:  That the Chief Executive’s employment be terminated on the basis of the information contained in the report of the Monitoring Officer.