To receive apologies for absence.

Apologies for absence were received from Councillors Biggs, Clare Davis, Gennard, Hurcombe, Kenyon and Allan Williams.

The Chairman, Councillor Roger Phillips, declared a non-pecuniary, personal interest in agenda items no. 8, as Vice Chairman of the National Joint Council (NJC) of England and Wales.

To approve and sign the Minutes of the meeting held on 26 July 2024.

RESOLVED: That the minutes of the meeting held on 26 July 2024 be confirmed as a correct record and signed by the Chairman.

To receive the Chairman and Chief Executive’s announcements.

Council noted the Chairman’s and Chief Executive’s announcements as printed in the agenda papers.

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.

To receive any written questions from members of the Council.

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.

Council is asked to make an appointment to the vacant position of Vice Chairperson of the Employment Panel.

Background papers: none identified

Council considered an appointment to the vacant position of Vice-Chairperson of the Employment Panel.

Councillor Stef Simmons proposed and Councillor Jonathan Lester seconded the appointment of Councillor Diana Toynbee as Vice-Chairperson of the Employment Panel for the remained of the municipal year.

The appointment was put to the vote and was carried by a simple majority of Council.

RESOLVED: That Councillor Diana Toynbee is appointed to the position of Vice-Chairperson of the Employment Panel for the remainder of the 2024-2025 municipal year.

To consider and approve the Herefordshire councillors allowances scheme having regard to the recommendations of the council’s independent remuneration panel (IRP).

Council considered a report by the Democratic Services Manager to consider and approve the Herefordshire councillors allowances scheme having regard to recommendations of the council’s independent remuneration panel (IRP).

The recommendations in the report were proposed by the Chairman and seconded by Councillor David Hitchiner.

The recommendations in the report were put to the vote and were carried by a simple majority.

RESOLVED:

That Council having regard to the recommendations made by the independent remuneration panel:

          i.         Introduces a new allowance for all the council’s independent persons and co-opted members;

        ii.         Agrees allowances are provided annually as a lump sum payment – as follows:

a)    A+G Independent Persons - £1,500 p/a (based on 10 meetings p/a)

b)    Scrutiny Co-opted Members - £900 p/a (based on 6 meetings p/a)

c)    Standard Independent Persons - £450 p/a (based on 3 meetings p/a)

       iii.         Permits a technical update to the constitutional provisions (as set out at 2.2.21)  that apply to councillors be also applied to independent persons and co-opted members;

       iv.         Asks Council to commission the member development working group to review the induction training provided to all independent persons and co-opted members. The panel believes that practical training will ensure that the work of these independent persons will be enhanced by a sound understanding of the objectives and responsibilities of the groups they join. In accordance with members training and allowances practice, the independent persons allowance shall be linked to all induction training being completed prior to fully taking up their positions on committees. It is also expected that the independent persons shall attend most of the meetings and when they can’t, an input through remote access or a written statement should be provided.  

        v.         Does not introduce a new allowance for the vice-chairpersons of council committees, at the current time. The Panel remain open to reconsidering this matter again, subject to Council agreeing to recommendation 6 below being completed;

       vi.         Review the post of vice-chairperson and a role description be added to the council’s constitution;

     vii.         Does not introduce a new allowance for the chairpersons of task and finish groups;

    viii.         Does not introduce a new higher rate allowance for the Chairperson of the Scrutiny Management Board;

       ix.         Continues to link the National Joint Council pay award with the basic allowance scheme, for the next four years; and

        x.         Subject to agreeing with recommendation 1, the allowances for Independent Persons and Co-opted members be also indexed linked to the National Joint Council annual pay award for the next four years.

Councillor Ivan Powell left the meeting at 10:30 a.m.

To consider updates to the constitution.

Council considered a report by the Head of Legal Services and Deputy Monitoring Officer to consider amendments to the constitution in relation to: functions of Audit and Governance Committee including recruitment and appointment of Independent Persons to Audit and Governance Committee; functions of Planning and Regulatory Committee; clarification of the Planning Code and functions rules; amendment to Fostering Panel membership to reflect practice; amendment to employment rules; amendment to the corporate scheme of delegation; amendment to enable consequential changes to be made to the Constitution; clarification to call-in; and role description for position of chair and vice chairperson.

The recommendations in the report were proposed by the Chairman and seconded by Councillor David Hitchiner.

The recommendations in the report were put to the vote and were carried unanimously.

RESOLVED:

That Council approves changes in the Constitution:

a)         in Appendix 1 to enable a change to the process for resolution of objections to the framework proposals, in the Budget and Policy    Framework;

b)         in Appendix 2 to enable changes to Audit and Governance Committee     functions including recruitment of the Council’s independent persons;

c)         in Appendix 3 to make changes to clarify the rules in The Planning code           and functions of the Planning and Regulatory Committee;

d)         in Appendix 4 to make changes to fostering panel membership to          accurately reflect practice;

e)         in Appendix 5 to makes changes to the corporate scheme of delegation to include provision for the statutory ‘Qualified Person’ under the     Freedom of Information Act 2000;

f)          in Appendix 6 to enable changes to the employment rules, relating to the            delegation to the head of paid service to make appropriate interim    arrangements when required;

g)         in Appendix 7 to enable consequential changes to be made to the Constitution;

h)         in Appendix 8 to clarify the rules relating to officer decisions and call in;           and

i)          in Appendix 9 to include a role description for the chair and vice chair of   a committee.

Council considered a report to appoint (i) an independent person for the purposes of its arrangements for member Code of Conduct complaints and (ii) an independent expert to Audit & Governance Committee.

The recommendations in the report were proposed by the Chairman and seconded by Councillor Frank Cornthwaite.

The recommendations in the report were put to the vote and were carried unanimously.

RESOLVED – That:

a)    Mary Severin is appointed as an independent person for the purposes of the Code of Conduct arrangements; and

b)    Kerry Diamond is appointed as independent expert to the Audit & Governance Committee.

To receive a report from the leader on the activities of the executive (cabinet) since the meeting of Council on 26 July 2024.

Council received and noted a report from the Leader of the activities of the executive (cabinet) since the meeting of Council on 26 July 2024.

Council questioned the Leader and the following actions were raised:

-      In response to a question regarding the Children’s Improvement Plan, to ensure that the website is updated with Phase 2 of the Plan;

-      In response to a question regarding the recommissioning of the integrated community equipment service, to provide clarity regarding if the Hillside Centre will be supplied with equipment within the new contract. If the Hillside Centre will not be provided with equipment to clarify the current status of funding set aside for this purpose;

-      In response to a question, to consider a method to record the feedback received and issues raised around council services at parish summits;

-      In response to a question to provide an update on potential locations of EV charging points following the request for expressions of interest from local communities;

-      In response to a question regarding the usability of EV charging points in Kington to ensure officers are fully testing initiatives before roll-out; and

-      In response to a question regarding devolution, to engage proactively with the ministry for Housing, Communities and Local Government to ensure that Herefordshire Council does not lose out on central government funding for capital projects (e.g. key infrastructure projects) and any responsibilities that might be devolved down

To consider Notices of Motion.

Motion – Flooding and Drainage

Councillor O’Driscoll proposed and introduced the motion.

Councillor James seconded the motion.

Council debated the motion. There was support across the chamber for the recommendations contained in the motion. During the course of the debate the following actions were raised:

-      To consider the terms of the motion as a topic for scrutiny;

-      In response to a question, to investigate and ensure that the council is discharging it drainage board responsibilities with regard to the River Wye;

-      In response to a question, to ensure that modelling of fluvial and pluvial flooding is co-ordinated across those responsible public bodies; and

-      In response to a query, to investigate a blocked drain/gully function on the highways defect reporting tool.

The motion was put to the vote and was carried unanimously.

RESOLVED: -

Recent heavy rainfall has highlighted significant drainage issues around the County. It has become evident the current maintenance schedule for drains, gullies and culverts needs major improvement and this motion calls upon the Executive Council to:

1) Ensure all drains, gullies and culverts that fall under the responsibility of Herefordshire Council are accurately mapped

2) Undertake an urgent programme of rectifying and repairing drains, gullies and culverts where they have been damaged by the recent unprecedented period of rainfall

3) Develop a full Countywide maintenance schedule that anticipates the likelihood of heavier rainfall in the future

4) Publish the maintenance schedule so that ward members, city, town and parish councils and local people can have confidence in the plans

5) Ensure that areas most at risk of flooding are prioritised for maintenance