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

The Council stood in silent tribute to mark the death of Councillor DJ Benjamin.

To receive apologies for absence.

Apologies had been received from Councillors H Davies, AE Gray, RC Hunt, G Powell, DC Taylor and JD Woodward.

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

8. NOTICES OF MOTION UNDER STANDING ORDERS.

Councillor B Hunt, Personal, Family Connection to the subject member in first notice of motion.

Councillor TW Hunt, Personal, Subject member of the first notice of motion.

13. SHARED SERVICES.

Councillor PJ Edwards, Personal, Close relative working in the health sector.

14. YOUTH JUSTICE PLAN.

Councillor DB Wilcox, Personal, Youth Magistrate.

Councillor RJ Phillips, Personal, Youth Magistrate.

To approve and sign the Minutes of the meeting held on 16 July 2010.

The minutes of the Council Meeting held on 19 July 2010 were approved as a correct record.

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

The Chairman in his announcements:

• Welcomed Councillor Justin Lavender, recently elected to represent the St Nicholas ward, to his first meeting of Council and Zoe Pemberton who recently took part in Take Over (Herefordshire) Day at the Hereford Academy where she was a pupil.

• Informed Council that he had recently attended The Leadership Trust in Ross with The Princess Royal and was pleased to meet the Duke of Kent during visits to Belmont Abbey and Queenswood.  Due to the county’s strong links to the Dutchy, the Chairman had written to Prince William and Kate Middleton congratulating them on their recent engagement.

• Stated that the Goodwill Group had continued their fundraising efforts, raising money for a variety of good causes.   Recent events which included the Macmillan Coffee Morning, Jeans for Genes Day and Wear it Pink Day had collectively raised in the order of £2,400 and employees and fellow Councillors were thanked for supporting the Goodwill Group’s efforts.  The next event would be the Christmas Fayre at the Town Hall on Wednesday 1 December.

• Advised Council that he had recently delivered a cheque of £220 to Herefordshire Headway following his recent sponsored walk around Hereford Racecourse and was impressed by the various activities being carried out by the charity.  Councillors, staff and members of the public were thanked for their support.

• Informed Members that following its recent refurbishment, Widemarsh Street would be formally reopened on 4 December.

The Chairman took pleasure in congratulating:

·         All the winners in the Pride of Herefordshire Awards. The Royal National College for the Blind was the overall winner and was rewarded for hosting the 2010 World Blind Football Championships in August.

• Robert Weale, a former employee of Herefordshire Council now working for Herefordshire Housing, who recently won a gold medal for bowling at the 2010 Commonwealth Games.

• Jacqueline O’Mahony, a Houses of Multiple Occupation and Enforcement Officer with Herefordshire Council, who received the Chief Fire Officer’s Letter of Appreciation for her outstanding work with the Hereford and Worcester Fire and Rescue Authority and other organisations for protecting the most vulnerable members of Herefordshire communities from fire.

• Mike Phillips, Managing Director of West Mercia Supplies who had been honoured at the Institute of Directors Director of the Year Awards, winning the title of top director in the public sector.

• Brimfield and Little Hereford Bowls Club for being one of only 5 clubs in England to be awarded a Highly Commended Diploma by Bowls England in this year's National Club of the Year competition.

• Meg Swain, Assistant Member Support Officer, whose hard work was recently acknowledged at the Herefordshire Group Training Association Awards Evening.  Meg was presented with the Thelma Cornish Trophy for Commitment to First Year Administration Training.

The Chairman had received the following two petitions:

• Petition from Mrs O’Donnell of the Guild of Guides calling on the continuation of the Tourism Information Centre in Hereford was presented to Councillor AMJ Blackshaw, Cabinet Member Economic Development and Community Services.

• Petition from Mr  ...  view the full minutes text for item 39.

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

To receive any written questions from Councillors.

Copies of all questions from Councillors to Cabinet Members and Chairmen of Committees received by the deadline, with written answers, were distributed prior to the commencement of the meeting.  A copy of the these questions and written answers together with the supplementary questions asked at the meeting and answers provided at the meeting, or as a formal letter to a Member following the meeting, are attached to the minutes as Appendix 2.

Two notices of motion have been submitted for consideration by Council.  The first notice of motion was submitted by Councillors: MAF Hubbard and JD Woodward.  The second notice of motion was submitted by Councillor RJ Phillips, Leader of the Council.

First Notice of Motion

“The Council notes the Standards Committee as its hearing on 23 February 2010 found Councillor T Hunt was in breach of the Brockhampton Group Parish Council’s Code of Conduct and the decision notice states:

‘The Committee are concerned that Councillor T Hunt has completed a Statutory Declaration under oath, which based on the information presented to the Committee, on the balance of probabilities, does not represent the facts as they found them.’

The Council notes that the Standards Committee had sufficient doubt about the truth of Councillor T Hunt’s sworn statement to publish their concern.

The Council agrees that Councillors should be exemplars and this doubt about a Councillor’s honesty and integrity published on our website is damaging the Council’s reputation.

Therefore this Council requires Council T Hunt to consider his position as Chairman of the Planning Committee.

This Council notes the exceptional job done by officers within the planning department and that this motion in no way reflects on the service provided by the planning department and its officers.”

Second Notice of Motion

“That the Council agree in principle to carrying out a referendum with the people of Herefordshire to ask a question relating to construction of a road around Hereford City and that the Executive be asked to consider the practicality of such action.”

First Notice of Motion : Chairman of Planning Committee

Councillor MAF Hubbard rose to speak on the motion and apologised for having had to bring forward the motion to Council.  The information had been available on the website for some months and having considered the view of the Standards Committee he felt from a personal point of view he would not have continued in the position of Chairman of a main committee of the Council following the Standards Committee’s judgement.  Councillor GFM Dawe seconded the motion and stated that he would speak later.

The following points were made by Members:

• Several Members raised concern about the appropriateness of dealing with the matter at a Council meeting and that it should more properly be dealt with through the Standards Committee. It was felt that the notice of motion was misguided and every Member was answerable to their electorate.
• The Leader reiterated the legal duty of the Standards Committee and its sub committees to deal with complaints and it was not the business of Council to deal with standards matters.  The Standards Committee had the power to suspend a Member, which it had not chosen to enforce.  The Committee had taken into account the long service and unblemished record of the Member and recognised it was hard to find a solution to the flooding problem, which was at the heart of the complaint.  All Members should strive to be exemplars in the way they dealt with members of the public.
• Some Members stated they would vote against the notice of motion as they were not in possession of the facts of the case.

Councillor GFM Dawe rose to speak as the seconder and stated that consideration should be given to the opinion of the person in the street.  Councillor MAF Hubbard stated that he had considered the matter for some time before putting forward the motion, but felt that he needed to challenge the culture of the Council.

For                   3

Abstained        6

Against            Majority

The motion was lost.

Second Notice of Motion: Road around Hereford City

The Leader moved the motion and amended the wording of the motion to state ‘poll’ instead of ‘referendum’.  This was seconded.

In speaking for the motion, the Leader stated:

·         His regret that the matter of the transport infrastructure had not been dealt with before. 

·         That the average earnings in the county was £20,000 whilst the average earnings in England was £25,000; the disparity equated to £70 per week less in take home pay.

·         It was essential to recognise the needs of businesses which were crucial for the economic, social and well being needs of the county.

·         That congestion had deterred the Welsh Assembly from suggesting the use of the A49 as the best route from North to South Wales in 2001.

·         The motion sought agreement in principle for a poll in order that considerations of practicalities such as cost, legal implications, timescales, and wording of questions would be had.  Such practicalities would be considered with the  ...  view the full minutes text for item 42.

To receive the Leader’s report, which provides an overview of the Executive’s activity since the last Council meeting.

The Leader of the Council, Councillor RJ Phillips presented his report to Council.

In highlighting aspects of the report, the Leader;

• Emphasised the significant changes to the public sector funding as a result of the Comprehensive Spending Review 2010, the detail of which was still awaited.  A substantial number of grants had been absorbed into the Revenue Support Grant. 
• Informed Council that the Cabinet Member ICT, Education and Achievement had met with the Education Minister, Lord Hill, to discuss the safeguarding of cuts from the devolved schools grant and other matters of importance to schools in the county.  Correspondence had also been sent to the Transport Minister and Rural Minister expressing concern about the future resource implications for concessionary travel.
• Advised Council that difficult choices would need to be made and emphasised the importance of having clarity of approach to the provision of services.
• Stated that it was essential for the Council to be mindful of new national policy developments and the implications to local authorities and the public sector as a whole.  Local government would look very different five years hence.

In responding to comments from members, the Leader or appropriate Cabinet Member stated that:

• Support was being provided to staff in transition and whose posts would be at risk; the support would be flexible to meet the needs of the staff but could include redeployment, interview skills, writing a cv etc.  A briefing note would be provided to all Members on the measures adopted which would include an explanation on the legal requirements of the ‘at risk’ processes.  All Council Members were reminded of the importance of complying with the code of conduct when discussing issues of a sensitive nature.
• In terms of seeking efficiency savings several measures had been adopted by the Council including, a freeze on most recruitment, the implementation of new systems and curtailing discretionary spend.  A comment expressed about the time spent by officers in meetings (as opposed to delivering) was accepted and an analysis would be undertaken.  It was additionally stated that the rationalisation of accommodation would assist with reducing officers’ time away from their desks. 
• Overview and Scrutiny would be consulted appropriately on the rationalisation of buildings and the importance of market towns and the development of locality working was emphasised.
• Herefordshire Council was continuing to support the provision of TICs and to comment that this was not the case was incorrect.  It was however stated that the Council had to make hard decisions and that the future financial cuts were massive, as a result it was essential to consider how services were provided across a range of partners and locations and not be too precious about the approach by which this was achieved.  The value and knowledge of those working in the TICs were appreciated.  Herefordshire Council was committed to work with others to address tourism matters within the current budgetary constraints and in relation to meeting the Council’s legal requirements such as the provision of services to the vulnerable.
• Whilst  ...  view the full minutes text for item 43.

To exercise those powers reserved to Council following changes to the political groups since the last Council Meeting.

Please note that the Council may be asked under this item to approve alternative arrangements to strict proportionality for appointments to Committees and other bodies in accordance with Regulation 20 of the Local Government (Committees and Political Groups) Regulations 1990.

The Leader presented the report on the allocation of seats to political groups and appointment to committees of Council.  The Leader advised Council that all Group Leaders had been consulted in advance of the circulation of the report.

Responding to a comment from a Member, the Leader emphasised that the should the current arrangement of suspending proportionality for the Overview and Scrutiny Committee not be passed without dissent, it would be necessary for the membership of the Overview and Scrutiny Committee to be reviewed and, in order to comply with the law, the administration would hold the majority of the seats. 

RESOLVED (nem con) that:

(a)        Council confirms the number of seats on each committee;

(b)       the arrangements for proportionality be noted; 

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

(d)       subject to the vote at recommendation (c) being passed nem con, the Council allocates the seats to political groups as set out in Table 2 in paragraph 15 of the report.

To seek approval for and present matters relating to the Council Constitution.

The Cabinet Member Corporate and Customer Services and Human Resources, Councillor JP French, expressed her thanks to all Members of the Constitutional Review Working Group and Task Groups for their work in reviewing constitutional matters. 

RESOLVED that Council :

a)      Approves the following changes to the Constitution:

                                i.            That the Financial Procedure Rules be revised

                              ii.            That the Regulatory Committee role and functions be revised; 

                            iii.            That the Regulatory Sub-Committee role and functions be revised; 

                            iv.            That the regulatory role and functions of the Cabinet or Cabinet Member be noted;

                              v.            That the Chief Executive has responsibility for the discharge of all regulatory functions not specifically reserved to the Regulatory Committee, Regulatory Sub-Committee, Cabinet or Cabinet member;

                            vi.            That the Chief Executive may delegate the discharge of those functions to a Director who in turn may delegate to another officer; and

                          vii.            That the Chief Executive establishes an officer review panel to review regulatory decisions by officers.

b.      Instructs the Council’s Monitoring Officer to make the amendments to the Constitution to give effect to the above decisions as set out in Appendix 1 (The Financial Procedure Rules) and Appendix 2 (The Regulatory Committee and consequent changes) of the report.  

c.      That the decisions recommended in (a) (i) be implemented with effect from 1 December 2010 and those in (a) (ii) to (vii) be implemented with effect from 1 February 2011.

d.      Encourages the Regulatory Committee to delegate responsibility for hearing appeals and revocation of licences to the Regulatory Sub-Committee and to consult with its stakeholders before doing so.

e.      Instructs the Regulatory Committee to review its procedures and present to Council at a future meeting Regulatory Procedure Rules for incorporating into Part 4 of the Council’s Constitution.

f.        Notes the work undertaken by the Constitutional Review Working Group which will continue to assist with such further constitutional review work as it determines.

The Council is required to consider new forms of executive arrangements in order to comply with the provisions of the Local Government and Public Involvement in Health Act 2007 to come into effect in May 2011.

The Leader presented the report on New Executive Arrangements and moved the following two amendments to the recommendations which were seconded:

(i)                  Recommendation (b): delete ‘either a Mayor and Cabinet’

(ii)                Recommendation (c): delete ‘or not’

In discussion the following comments were made and responded to as appropriate:

·         The consultation was inadequate.  In response the Leader stated that the consultation undertaken was in line with the requirements and expectations of Government.

·         The local elections on 5 May 2011 would provide an opportunity for the electorate to decide on the type of executive model they would have.  This would dovetail with the vote being taken on proportional representation and the alternative vote system.

·         A mayoral system would see the electorate voting on the capability of the individual, not according to party lines.

·         A mayoral system was better suited to close urban authorities.  Such a system could add to the confusion of the current ceremonial roles in the county such as mayors of the city and town, the Council Chairman etc.

·         The Leader stated that the Council had complied with the legislation and with the sprit of the Government’s requirements regarding consultation.  It was expected that the Localism Bill would propose changes to such requirements.

RESOLVED THAT Council:

(a)               notes the two available “strong leader” governance models and the  results of the public consultation;

(b)               agrees to adopt Leader and Cabinet executive governance model with effect from the 3^rd day after its elections on 5 May 2011;

(c)               agrees to provide that the Council may remove and replace the appointed Leader during his or her term of office;

(d)               approves the proposals set out in the Appendix to the report to reflect Council’s determination of b) and c) above; and

(e)               authorises the Monitoring Officer to make all necessary amendments to the Council’s constitution.

Councillors GFM Dawe and MD Lloyd-Hayes requested that their opposition to the recommendations be formally minuted.

The purpose of this report is to seek approval for the establishment of a Joint Venture Company to provide shared support services to the Council, NHS Herefordshire (the Primary Care Trust) and Herefordshire Hospitals NHS Trust (HHT). 

The Cabinet Member Corporate and Customer Services and Human Resources, Councillor JP French, presented the report on Shared Services.  Council was advised that the Joint Venture Company (JVC) approach would have low overheads and would help sustain public sector jobs within Herefordshire.  Assurance was provided that the Council would be kept appropriately briefed.

Responding to comments from Members, the Cabinet Member:

• Acknowledged the support from members across parties to the approach taken on shared services which demonstrated the shared benefits to the partnership entered into by the Council and health partners.
• Provided assurance that market testing and value for money exercises had been undertaken. 
• Advised Council that the services available within the JVC would be marketed to other organisation and would therefore not refer to Herefordshire in the company name.
• The integration of ICT systems and processes was well advanced and that Herefordshire was acknowledged as a national leading light in such developments.
• Accepted the challenges that a public/public partnership would have, which would need to be balanced against the retention of jobs in the county.  Alternative options for a shared services approach such as a lead partner, would not have guaranteed jobs to the county.
• Assurances were given that the costs of winding down NHSH and the establishment of a GP consortium would be appropriately met by the relevant bodies.

RESOLVED that Council:

(a)               Agrees that a Joint Venture Company be established by the Council and its partner(s) to provide shared support services;

(b)               Notes that the Cabinet agreed that a Joint Venture Company be established and that the negotiation of the terms of the Joint Venture be delegated to the Chief Executive.

The Youth Justice Plan is prepared on an annual basis on behalf of Herefordshire Council and Worcestershire County Council.  The basic plan preparation is undertaken by the Youth Offending Service according to the deadlines and guidance from the Youth Justice Board for England and Wales (YJB).

The Cabinet Member Children’s Services presented the report on the Youth Justice Plan to the Council. 

RESOLVED:   That the Youth Justice Plan as prepared be approved within the Policy Framework

To receive the report and to consider any recommendations to Council arising from the meeting held on 22 October 2010.

Mr Robert Rogers presented the report of the meeting of the Standards Committee held on 22 October 2010.

Responding to comments from Members, Mr Rogers:

• Acknowledged that whilst there were some shortcomings of the current local filter system, these shortcomings did not take away from the fact that the localisation of the system had been a positive step. 
• Reminded Council that the Standards Committee’s overriding principles were to be open, fair and proportionate. 
• Stated that when considering any matters, judgement was taken on the balance of probability and was evidentially based. 
• Advised Council that Committee Members were kept up to date with relevant case law, provided with guidance on relevant issues and regularly reviewed their activities to ensure that we followed best practice. 
• Informed Members that certain achievements of Herefordshire Standards Committee had been recognised as demonstrating national best practice and shared with other authorities.

RESOLVED:      That the report of the meeting of the Standards Committee held on 22 October 2010 be received.

To receive the reports of the meeting of the West Mercia Police Authority held on 15 June and 28 September 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 reports on the meetings of the West Mercia Police Authority held on 15 June and 28 September 2010 and stated that he would respond to a question from a Member regarding the creation of 22 new staff posts outside of the meeting.

RESOLVED:      That the reports of the meeting of the West Mercia Police Authority held on 15 June and 28 September 2010 be received.

To receive the report of the meetings of the Hereford & Worcester Fire and Rescue Authority held on 25 June and 28 September 2010.

Councillor Brig P Jones presented the reports of the meeting of the Hereford and Worcester Fire and Rescue Authority which had been held on 25 June and 28 September 2010 and commended the response to the recent fire in Hereford City.

RESOLVED:   That the report of the meetings of the Hereford and Worcester Fire and Rescue Authority which were held 25 June and 28 September 2010 be received.