To elect the Chairman of the Council.

The Vice Chairman, Councillor JB Williams called for nominations to the office of Chairman.  The nomination of Councillor J Stone was proposed and seconded.

RESOLVED:   That Councillor J Stone, be elected Chairman of the Council until the annual meeting of Council in May 2011.

Councillor J Stone read out and signed the Declaration of Acceptance of Office.

The Very Reverend Michael Tavinor, Dean of Hereford, led the Council in prayer.

The Chairman extended a warm welcome to the county’s Lord Lieutenant, Lady Darnley, who was in attendance, as were other guests and members of St Martin’s School Council.  The Council was informed that the Very Reverend Michael Tavinor had agreed to serve as the Chairman’s chaplain for the forthcoming year.

To receive apologies for absence.

Apologies had been received from Councillors DJ Benjamin, SPA Daniels, H Davies, AE Gray and MD Lloyd-Hayes.

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

There were none.

To appoint the Vice-Chairman of the Council.

The Chairman called for nominations to the office of Vice-Chairman.  The nomination of Councillor JB Williams was proposed and seconded.

RESOLVED:   That Councillor JB Williams be appointed Vice-Chairman of the Council until the annual meeting in May 2011.

Councillor JB Williams read out and signed the Declaration of Acceptance of Office.

To approve and sign the Minutes of the meeting held on 5 March 2010.

The Chairman stated that Members had received correspondence following the last Council Meeting regarding a response to a question from Councillor ACR Chappell to the Chairman of Regulatory Committee.  The response whilst wholly correct in relation to the first part of the question had inadvertently not included the answer to the second part of the question.  A full response was sent to all Members clarifying the current position; which would be appended to the Minutes of this Meeting. 

Subject to this amendment, the Minutes of the Council Meeting held on 5 March 2010 were approved as a correct record.

To appoint the Leader of the Council.

The nomination of Councillor RJ Phillips as Leader of the Council was proposed and seconded.

RESOLVED:   That Councillor RJ Phillips be appointed Leader of the Council until the annual meeting in May 2011.

Councillor GFM Dawe requested that his objection to this nomination be formally recorded.

The Leader wished for his thanks to be recorded to all who had supported him during his seven years as Leader of the Council.

Council was advised that the Leader had appointed Councillor JP French as Deputy Leader of the Council and confirmed the names of his other cabinet members, which were unchanged from 2009/10.

To exercise those powers reserved to Council at its Annual Meeting:

a)                  To confirm its committees and the number of seats on each, including terms of reference and functions of those committees.

b)                  To approve the allocation of seats to political groups for the coming year.

c)                  To make appointments to the positions of Chairmen and Vice-Chairmen of committees.

d)                  To make arrangements for such appointments to committees and other bodies as may be necessary, including co-optees.

Members considered a report on appointments to offices reserved to Council.

A list of those offices to which the Council had powers to appoint, together with nominations had been circulated to political group meetings from 9.00a.m on the morning of the Council Meeting.

The Chairman informed Members that the Council may be asked to confirm or agree alternative arrangements for appointment to committees and other bodies pursuant to Regulation 20 of the Local Government (Committees and Political Groups) Regulations 1990.

Council Resolved (nemcon) to

(a)        Confirm the number of seats on each committee

(b)       note the arrangements for proportionality; 

(c)       note the notice given in paragraph 9 of the need to partially suspend the rules of proportionality in respect of the Overview and Scrutiny Committee and a resolution be moved to that effect;

(d)       allocate the seats to political groups accordingly

(e)       appoint the Chairmen & Vice Chairmen of Committees as set out in Appendix 2 (as circulated prior to the start of the meeting)

(f)        the existing arrangements for co-option to the scrutiny committees continue in operation for 2010/11.

(g)       agree the functions of those committees set out in Part 3 (Sections 5 and 6) of the Constitution.

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

The Chairman in his announcements:

·         Welcomed members of St Martin’s School Council to the Annual Council meeting.

·         Warmly greeted Councillors PL Bettington and AW Johnson as the new Ward Members for Ledbury and Hope End respectively.   Councillor Bettington had succeeded Kay Swinburne who now represents Walesin the European Parliament and Councillor Johnson succeeded Rees Mills who had retired.

·         Welcomed Dean Taylor who had recently joined the Council as Deputy Chief Executive.

·         Congratulated Councillor AM Toon on her appointment as The Right Worshipful the Mayor of Hereford and Councillor RC Hunt on his appointment as Mayor of Leominster. 

·         Acknowledged the long service of Councillors DC Taylor and LO Barnett both who had diligently served their communities and the county for over 30 years.

·         Emphasised Herefordshire Council’s long-standing commitment to the promotion of equality and diversity and informed Members that the “No Prejudice in HEREfordshire” campaign had resulted in the diversity team being nominated for the LGC awards.   The campaign received cross party support and continued to challenge prejudice in Herefordshire.

·         Congratulated Alan Clarke, Gang Leader for Amey with over 35 years experience of working on the roads, as he had been shortlisted as Frontline Employee of the Year in this year’s National Transport Awards which would take place in July.

·         Paid tribute to the soldiers from the 3^rd Battalion The Rifles who marched through Hereford on 1 May after completing a six month tour in Helmand Province in Afghanistan; sadly over 20 of its members were killed during the tour and many seriously injured.

The Chairman informed Council that he had been presented with a petition of 654 signatures on the GP Walk in centre at ASDA from Councillor GA Powell; this petition was in turn presented to the Chief Executive.

To receive questions from members of the public.

Copies of all public questions received by the deadline, with written answers, were distributed prior to the commencement of the meeting.  A supplementary question was asked by Mr Cocks.  A copy of the public questions and written answers together with the supplementary question and answer are attached to the minutes as Appendix 2.

To receive any written questions from Councillors.

Question from Councillor A Seldon to the Cabinet Member Economic Development and Community Services

1          At the end of 2008 a review was commissioned into the management of Bromyard Downs. Consultations took place into early 2009 and a report was initially muted for March last Year.  To date, no report has been received. The management of Bromyard Downs arouses a great of passion among the residents of the area.  When will this report be published?

Answer from Councillor AJM Blackshaw Cabinet Member Economic Development and Community Services

Answer to Question 1

Cabinet expect to receive a report by early Autumn at the latest; earlier consideration has not proved possible because of proceedings elsewhere and the subsequent need to consider the outcome of those proceedings.

Supplementary question

Would it not have been appropriate to inform the consultees of the delay together with the reasons and provide subsequent information on the progress?

Answer from Councillor AJM Blackshaw Cabinet Member Economic Development and Community Services

Assurance was given that there would be communication with the consultees now that the outcomes of the proceedings had been resolved. 

Question from Councillor A Seldon to the Cabinet Member Environment and Strategic Housing

2          Section 215 of the Town and Country Planning Act 1990 gives a Local Planning Authority (LPA) powers to require landowners and property owners to clean up their buildings or land when the condition of that property or land is adversely affecting the amenity of the surrounding area. I have identified at least three areas in the Bromyard Ward where, using the Best Practice Guidance document from the ODPM (January 2005) I feel the use of S215 would be appropriate. Independent advice has also taken the same view.  However, I have encountered some reluctance to use these powers.

A         How many S215 notices have been served by this authority in the past three years?

B         Have any of these have been the subject of an appeal?

Answer from Councillor JG Jarvis Cabinet Member Environment and Strategic Housing

Answer to Question 2          

A         S215 Notices served

            06/07 - 0

            07/08 - 2

            08/09 - 0

            09/10 - 1

B         None were subject of appeal.

Whilst it appears that the formal notice route is used only rarely a large number of the issues raised in this area are resolved through negotiation.  There is no reluctance to use the powers.     

Question from Councillor PJ Watts to the Cabinet Member Resources

Question 3

Given that Herefordshire Council have dropped their legal claim after  ...  view the full minutes text for item 11.

No Notices of Motion have been received.

There were none.

To advise Members that the duty to respond to petitions will come into force on 15 June 2010 (15 December for e-petitions) and seek approval for the Council’s Petitions Scheme.

The Cabinet Member Corporate and Customer Services and Human Resources presented the report which had been considered by the Constitutional Review Working Group, which had cross party membership.  The duty to respond to petitions would come into force on 15 June 2010 and to ensure compliance the Petitions Scheme was required to be adopted by Council.

A request was made by a Member in attendance that the second bulleted point in paragraph 5 of the draft Petitions Scheme be amended to read, ‘the name, identifiable address, and signature of any person supporting the petition’.

A Member in attendance sought clarification on the thresholds for the number of signatures to trigger various actions.

The Cabinet Member Corporate and Customer Services and Human Resources stated that both points raised would be considered by the Constitutional Review Working Group and the outcome communicated with Members.

RESOLVED that:

(a)   the Council approves the draft Petitions Scheme and request that that the Constitutional Review Working Group consider points raised in relation to identifiable address and clarification of thresholds.

(b)   the scheme be reviewed after 12 months

(c)   the Monitoring Officer be instructed to make any appropriate changes to the constitution to give effect to recommendations (a) and (b) above, and publish the amendment.

To seek approval for issues relating to the Council’s constitution.

The Cabinet Member Corporate and Customer Services and Human Resources presented the report on changes to the Council Constitution.  Thanks were expressed to all Members involved in work relating to the constitution, together with Mr Robert Rogers who had also provided constructive input into the ongoing development of the constitution.

RESOLVED that Council :

a)      Approves the following changes to the Constitution:

                                i.            That the Deputy Chief Executive be designated as statutory Scrutiny Officer

                              ii.            That responses to Health Scrutiny Committee recommendations and those relating to Crime and Disorder Scrutiny are provided by Cabinet within 28 days (Part 4, Section 5 (4.5.13.3))

                            iii.            That a position of Vice Chairman of the Standards Committee is created and delegate this appointment to the Standards Committee

                            iv.            That Standards Committee sub-committees be established through the selection of 3 members of the Committee (including one independent and one parish member (for parish matters) to undertake reviews of decisions of the assessment sub-committee, consideration of investigation reports and hearings

                              v.            That  the Council receive formal reports from the Standards Committee at all its meetings (as appropriate)

                            vi.            That the wording of  the Schedule of Articles – Description of Executive arrangements be clarified at Part 2 (2.14.1)

                          vii.            That the Council rules and Cabinet rules (Part 4) relating to the requirements of the Leader’s reports are amended to ensure consistency

                        viii.            That the function of appointing Representatives to Outside Bodies be made consistent with delegations provided to the Chief Executive

                            ix.            The wider distribution of decisions to all Councillors be reflected appropriately in Part 4, Section 5 (4.5.16.7(b))

                              x.            That formal reference be made within the constitution to preclude the recording or filming of meetings without the express prior consent of the Chairman and informing all in attendance

b)     Instructs the Monitoring Officer to incorporate the agreed recommendations in the Council’s Constitution and make consequential amendments; and

c)      Notes the work undertaken by the Constitutional Review Working Group which continues to assist with such further constitutional review work as it determines.

To provide an overview of the Executive’s activity in the last 12 months and priorities for the future.

The Leader of the Council, Councillor RJ Phillips presented his annual report and made the following points:

• He would work with Herefordshire’s Members of Parliament to the benefit of the public e.g to seek improvement to Herefordshire settlement grant which was currently badly funded.
• All were aware of the national financial position which would have an impact on both in-year and future revenue budgets. 
• As the outcome of the Census in April 2011 would be used by the government to fund public expenditure, it was vital that Herefordshire’s population be properly reflected.
• The potential swine flu pandemic demanded much time, resources and energy of senior officers, and whilst the pandemic did not occur it was recognised that the work undertaken was essential and that lessons had been learnt.  However it was also acknowledged that a focus on the pandemic prevented the time and resources being spent on other matters.
• The 2010/11 budget for road expenditure had been increased by 10% to £18million.  The infrastructure of Herefordshire’s roads was very important and main roads needed to be maintained to a high standard, however it was acknowledged that the challenge would be in relation to minor roads.
• Clear documentary evidence of service improvements across many areas had been collated during the year which included improvements in the quality of services delivered with health partners and the number of recipients of those services.
• Herefordshire Partnership remained important as it was vital to pool resources and collaborate appropriately to ensure best use of public monies.  Whilst formula funding was in place, any moves to decrease the Area Based Grant would be challenged.
• A further challenge included the growing maturing population.
• Continued cross sector working would be vital to delivering services and spend in the county; the work to date with the PCT has been innovative and surprise was expressed that the civil service had not been more interested in the outcomes of this partnership.
• Concern was expressed regarding the statistics for earnings, the challenge being how communities could be supported to improve future opportunities and to stabilise and improve upon current earnings.  Other contributing factors would include the need for the private sector to be encouraged to deliver both more and higher paid jobs, improved infrastructure (including broadband), greater number of affordable housing, as well as specific issues regarding the infrastructure around Herefordshire City and Leominster.  It was stated robustly that the Council could not oversee a further drop in earnings.
• The West Midlands Leaders’ Board had published a statement of intent which outlined areas of priority and joint working.  As 32 of the 33 local authority leaders were from either the Conservative or Liberal Democrat group it was essential that such relationships were used to support the West Midlands objectives.
• Sub regional partnerships had also been formed; Herefordshire Council would have no issues in forming partnerships and alliances which would benefit the county.  The importance of a strong relationship with Wales was also acknowledged and the need to protect the viability of  ...  view the full minutes text for item 15.

To inform the Council of the activities of the Committee during the previous year.

Councillor TW Hunt presented the annual report of the Planning Committee.

Councillor MAF Hubbard asked the following question to Councillor TW Hunt and requested it be formally attributed ‘Given the quasi-judicial role of planning Committee, does the Chairman of planning think it appropriate that he continue as Chair of this Committee in the light of the recent Standards Boards ruling against him?’

The Chairman invited Councillor TW Hunt to respond, which he declined.

RESOLVED:      That the annual report of the Planning Committee be received.

To inform the Council of the main activities of the Committee during the past year.

Mr Robert Rogers presented the annual report to Council of the Standards Committee.

In responding to questions from Members in attendance, Mr Rogers; stated that the Standards Committee processes were rigorous and exacting and that improvements continued to be made; paid tribute to all those involved and for giving their time so generously to support the work of the Committee; advised Council of the advantage local Committees had in being aware of local circumstances and approaching issues in an open, fair and proportionate matter, thus being able to address any complaints of a vexatious or frivolous nature appropriately.

The Chairman additionally expressed his thanks to all who served on the Standards Committee.

RESOLVED:      That the annual report to Council of the Standards Committee be received.

To inform Council of the work undertaken by the Scrutiny function in 2009/10.

Councillor PJ Edwards James presented the annual report to Council of the Overview and Scrutiny Committee.

RESOLVED:      That the annual report of the Overview and Scrutiny Committee be received.

To note the main activities of the Committee during the period December 2009 – May 2010.

Councillor JW Hope MBE presented the report of the meeting of the Regulatory Committee which covered the period December 2009 to May 2010.

RESOLVED:      That the report of the Regulatory Committee covering the period December 2009 to May 2010 be received.

To provide an overview of the activities of the above Committee (known as Audit & Corporate Governance Committee until 1 January 2010) in the last 12 months and workplan for the coming year.

Councillor ACR Chappell presented the annual report to Council of the Audit and Governance Committee.

The Committee had additionally considered an audit report on property services, which was ongoing.

Responding to comments around the review of the procurement rules, the Cabinet Member Corporate and Customer Services and Human Resources stated that this would be considered at a future meeting of the Constitutional Review Working Group.

RESOLVED:      That the annual report of the Audit and Governance Committee be received.

To receive the report of the meeting of the West Mercia Police Authority held on 16 February 2010.  Councillor B Hunt has been nominated for the purpose of answering questions on the discharge of the functions of the Police Authority.

Councillor B Hunt presented the report of the West Mercia Police Authority held on 16 February 2010.

Councillor B Hunt in responding to comments regarding:

·         the use of specialist terms of phrases stated that together with Councillor RH Smith, they disapproved of certain terms used and encouraged the use of clear understandable and plain English.

·         educating drivers to reduce road casualties stated that together with enforcement, certain initiatives were in place, although it was acknowledged that educating drivers was an ongoing issue for the force and authority.

·         The coalition Government’s policy of making police directly accountable to locally elected representatives, responded that it would be difficult to envisage how the structure would work,

The Leader in acknowledging the five year collaboration Strategy on operational and strategic issues expressed the view that there was a need at a local level to hold true to the principles of Total Place to ensure that the public pound was used in the most effective way.  Councillor B Hunt acknowledged the need for the public sector to work closer together.

RESOLVED:      That the report of the meeting of the West Mercia Police Authority held on 16 February 2010 be received.

To receive the report of the meeting of the Hereford & Worcester Fire and Rescue Authority held on 3 March 2010.

Councillor Brig. P Jones presented the report of the meeting of the Hereford & Worcester Fire and Rescue Authority held on 3 March 2010.

Responding to a question from a Member in attendance regarding combined control centres, Councillor Brig. P Jones stated that there were a number of control centres in England, however these may not now be considered to be essential.  Work was continuing on this matter.

RESOLVED:   That the report of the meeting of the Hereford & Worcester Fire and Rescue Authority held on 3 March 2010 be received.

The dates for Council meetings for 2010/11 are as follows:

16 July 2010

19 November 2010

4 February 2011

4 March 2011

29 April 2011 (Last Council meeting prior to May elections)

27 May 2011 (Annual)

All meetings will be held at 10.30 am at the Shirehall, Hereford unless otherwise advised.

The dates of future Council meetings for 2010/11 were agreed as:

16 July 2010

19 November 2010

4 February 2011

4 March 2011

29 April (Last Council meeting prior to May elections)

27 May 2011 (Annual)

All meetings would be held at 10.30 at the Shirehall, Hereford unless otherwise advised.