At the start of the meeting members of the Council paid tribute to Councillor Bernard Hunt who had sadly passed away during the week. He was remembered for his hard work, good humour and serving his local residents with distinction.

To receive apologies for absence.

Apologies for absence were received from Councillor Barry Durkin.

To receive declarations of interest in respect of Schedule 1, Schedule 2 or Other Interests from members of the Council in respect of items on the Agenda.

There were no declarations at this stage of the meeting. Please see minute 20 below.

To approve and sign the Minutes of the annual meeting held on 11 September 2020.

RESOLVED: That the minutes of the annual meeting held on 11 September 2020 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 announcements as printed in the agenda papers. Further to the announcements in his report, the Chairman explained that he had recently attended the Battle of Britain service at the Cathedral and visited the New Model Institute for Technology and Engineering (NMITE) at Blackfriars.

To receive questions from members of the public.

Deadline for receipt of questions is 5:00pm on Monday 5 October.

Accepted questions and answers will be published as a supplement prior to the meeting. Please send questions to councillorservices@herefordshire.gov.uk

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.

Deadline for receipt of questions is 5:00pm on Monday 5 October.

Accepted questions and answers will be published as a supplement prior to the meeting. Please send questions to councillorservices@herefordshire.gov.uk

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.

To approve a governance model for Herefordshire Council.

Council considered a report by the Chairman of the Audit and Governance Committee which recommended the implementation of a hybrid cabinet model at the council from May 2021. The report was introduced by the Chairman of the Audit and Governance Committee who proposed the recommendation and expressed his thanks for the work undertaken by the re-thinking governance working group and officers to produce a recommendation in accordance with the timelines. He noted that the working group had met on 10 occasions to discuss matters in depth and had sought to engage all members in its work. There would be further opportunity for member engagement ahead of the final structure that would be determined at the annual council meeting in May 2021.

The following principal points were raised during the debate:

·         Disappointment was expressed that there had not been wider engagement with members in the development of the proposal. It was noted that a third of members had not participated in the survey or attended any workshops.

·         Some members expressed disappointment that a committee system had not been recommended by the working group. It was felt that the hybrid cabinet model could be an interim position and the governance structure at the council could be reviewed again in the future.  

·         The quality of the work undertaken by the working group was commended. 

·         The proposed model was felt to incorporate positive elements from the committee system and the leader/cabinet model. It was noted that the new system would be subject to review 12 months after its implementation.

·         The proposed model would increase the involvement of all members in decision-making processes and democratic accountability.

·         A member claimed that the recommendation represented a ‘U-turn’ from the administration which had stood on an electoral platform of introducing a committee system. This claim was refuted by some members who explained that the recommendation had been resolved by a cross-party working group of the council and was a step towards realising a modern and accountable system of governance.

·         There was concern that those members with full time employment might be restricted from participating fully in the new system.

·         It was noted that a change to the governance structure would need to be accompanied by cultural change at the council in order to prove effective.

The Chairman of the Audit and Governance Committee explained that members had the ability to contribute to the executive decision-making process by exercising the call-in of decisions through the scrutiny committees. The importance of an efficient decision-making system had been proven during the COVID-19 pandemic and the proposed model ensured that streamlined decision-making would continue.

The Vice-Chairwoman of the Audit and Governance Committee seconded the recommendation and explained that the working group had been assisted by the Centre for Governance and Scrutiny. The recommendation had been the consensus of the working group and had been agreed unanimously by the Audit and Governance Committee. Workshops would be hosted in the period up to May 2021 to assist in the development of the hybrid cabinet  ...  view the full minutes text for item 16.

To approve a new capital budget for the re-opening of the Hereford leisure pool.

Council considered a report by the Cabinet Member Commissioning, Procurement and Assets which recommended the addition of a new capital budget to undertake reinstatement works to the Hereford leisure pool. The report was introduced by the Cabinet Member Commissioning, Procurement and Assets who moved the recommendation. She explained that the pool was an important facility to support health and wellbeing and its social value necessitated its prompt reopening. The location of the pool, on an area which was susceptible to flooding, would be reviewed in the core strategy and leisure strategy however whilst this review took place it was important that the pool was reopened as a facility for all Herefordshire residents.

The following principal points were raised during the debate:

·         The pool was not just a leisure pool but was also used by competitive athletes who relied on the facility for training.

·         It was recognised that it was essential that the pool reopened to ensure children could be taught to swim to protect against the risk of drowning in local rivers.

·         The investment to reopen the pool was supported but it was noted that provision for similar facilities in Bromyard and Ross-on-Wye had not been forthcoming. There needed to be equitable investment across the county.

·         Members had been approached by local residents calling for the prompt reopening of the pool.

·         The reopening of the pool was supported whilst work was undertaken to investigate an alternative location for the facility.

·         The health and wellbeing benefits of the facility were highlighted.

·         There was concern that the works required had not been covered by insurance due to outstanding remedial works. It was hoped that lessons would be learned and that council assets would be reviewed to ensure they were insured.

The Cabinet Member Commissioning, Procurement and Assets explained that the inspection of assets would now be a proactive approach with full condition surveys undertaken. This would have implications to the budget to be determined in February 2021. The leisure strategy represented a Herefordshire approach to facilities throughout the county and would respond to the issues in the market towns raised during the debate.

The Cabinet Member Finance and Corporate Services seconded the recommendation and explained that there were lessons to be learned including the proper funding of asset maintenance and insurance cover. The lack of cover at the leisure pool was the consequence of historic budget cuts to maintenance and insurance budgets. There was also learning around where strategic assets were located to ensure they were fit for purpose in the long-term.

The recommendation in the report was put to the recorded vote and was carried by a simple majority of Council.

FOR (48): Councillors: Graham Andrews; Paul Andrews; Polly Andrews; Jenny Bartlett; Chris Bartrum; Christy Bolderson; Dave Boulter; Sebastian Bowen; Tracy Bowes; Ellie Chowns; Pauline Crockett; Gemma Davies; Toni Fagan; Elizabeth Foxton; Carole Gandy; Kema Guthrie; John Hardwick; John Harrington; Liz Harvey; Jennie Hewitt; Kath Hey; David Hitchiner; Phillip Howells; Helen I’Anson; Terry James; Peter Jinman; Tony Johnson; Graham Jones; Mike  ...  view the full minutes text for item 17.

To approve the treasury management outturn for 2019/20.

Council considered a report from the Cabinet Member Finance and Corporate Services which set out the treasury management outturn for 2019/20. The report was introduced by the Cabinet Member Finance and Corporate Services who proposed the recommendation and paid tribute to the work of officers to ensure cash reserves and money on deposit achieved good interest returns.  Effective treasury management had contributed to the underspend in capital investment and a reduction in borrowing and long term liabilities. The council had used cash reserves for projects in order to reduce the requirement for borrowing and support the reduction of the total external debt.

The following principal points were raised during the debate:

·         Treasury management officers were praised for their work to maximise returns and that the style of the report was easy to read and understand.

·         The lack of an increase in average salaries in Herefordshire was raised. This was inconsistent with the trend in the West Midlands and it was queried whether this was the consequence of a lack of growth in the county.

·         It was queried whether the council could apply for coronavirus business recovery loans to reduce liabilities.

·         The problem of the relocation of individuals into the county from more affluent areas and the impact on the spending power of local residents was raised.

The Leader seconded the recommendation and explained that there was a concern about growth in the county. The slow rate of growth had endured for 10 years and was a problem which had been inherited by the new administration. The building of a new road would not immediately produce growth; road building programmes were being reviewed by the administration in the context of climate change. 

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

RESOLVED: That the treasury management outturn for 2019/20, as detailed in appendix 1, is approved.

To receive a report from the leader on the activities of the executive (cabinet) since the meeting of Council in July 2020 and to receive an annual report (since May 2019) on the priorities of the Cabinet and progress made in meeting those priorities.

Council received and noted the Leader’s report providing an update on the work of the Cabinet since the previous ordinary meeting of Council and an annual report on the priorities of the Cabinet and the progress made in meeting those priorities. The Leader introduced his report which included the following points:

·         There was excitement over the project at Maylords and it was important to remain flexible with the rents chargeable to new tenants.

·         There had been pleasing cross-party engagement on the phosphate issues and it was recognised that the issue was having a significant impact on house building targets.

·         The work of the council and its response to the COVID-19 pandemic had been recognised at a national level.

The following principal points were raised during the debate:

·         What responses had been received from business to shape developments at Maylords? The Leader explained that social engagement was being undertaken and one unit at the centre was to be for wider community use. The Cabinet Member Commissioning, Procurement and Assets explained that a common theme in the feedback referred to a need to improve the street scene in the area and improvements to Brewer’s Passage were planned.

·         Clarification was sought regarding the reason to not repay the £3.8m to the Marches Local Enterprise Partnership. The Leader explained that the council did not want to repay the money and was attempting to use it in accordance with the initial objectives. The Cabinet Member Infrastructure and Transport explained that the outcomes for which the funding was allocated, including the creation of jobs, would be achieved but in a different manner to that proposed by the previous administration.

·         The Leader was encouraged to work with other areas to put pressure on the Department for Environment, Food and Rural Affairs (Defra) to resolve the phosphate issue. It was acknowledged that the issue needed action from the government to enforce restrictions on the use of land immediately adjacent to rivers.  The Leader explained that it was an issue for the whole county; its impact was also economic as it prevented development in the Lugg catchment which restricted growth. The Cabinet Member Infrastructure and Growth explained that the issue was being taken seriously by Powys and Natural Wales. Local MPs were helping represent the issue to government and it was agreed that pressure should be put on Defra. The new agricultural bill sought to provide subsidies to farmers for enhancements to the natural environment and to set land aside.

·         It was noted ceilings had collapsed on three occasions at Shirehall and it was queried when works would be completed. The Leader explained that a precise date was not available and the repairs required to the Shirehall represented a long term maintenance issue. The Cabinet Member Commissioning Procurement and Assets explained that she would share the plan for the repairs to the Shirehall in an update to members.

·         The Leader was asked what losses would be associated with Maylords due to uncollected rent. The Leader explained that a  ...  view the full minutes text for item 19.

To consider Notices of Motion.

Motion – Decline in Hedgehog population

In moving the motion Councillor Elissa Swinglehurst made the following points:

·         The level of hedgehog population had been estimated at 30m in the 1950s. An estimate of the population in 2012 was lower than 1m. It was likely that the hedgehog was already extinct from some areas of the country.

·         The rate of decline was more pronounced in rural areas which was attributed to an increase in intensive farming practices which had resulted in a loss of habitat and food.

·         The motion asked the executive to consider what it could do to consider the hedgehog as a protected species.

·         It was encouraged that development take account of the impact of building on hedgehogs and measures were incorporated in applications to mitigate this impact.

In seconding the motion Councillor Yolande Watson explained the historic relevance of hedgehogs in Herefordshire. The council was encouraged to embed good practice in the planning system and protect biodiversity in the county.

Councillor Kevin Tillett declared an other interest as a member of the Hedgehog Preservation Society.

The following principal points were raised during the debate:

·         The council could ban the use of slug pellets that were poisonous to hedgehogs by council workers and contractors.

·         The use of hedgehog highways in new developments were important and the council could work with developers to encourage inclusion of the facilities in applications.

·         It was confirmed that a wildlife protection kit was being considered for inclusion in planning arrangements and the Core Strategy.

·         The council was working on a nature strategy which would address issues such as the use of slug pellets by contractors of the council.

·         The motion was supported. 

Councillor Swinglehurst, as the mover of the motion, closed the debate and thanked the Council for their support. The nature strategy was anticipated and how it could assist in the preservation of hedgehogs.

The motion was put to the vote and carried unanimously.

RESOLVED: That –

A recent study has shown that the UK population of Hedgehogs has declined from around 30 million to only 1 million.  Whilst it is not yet a European Protected Species it is a British mammal where the population is in steep decline and I am calling upon our executive to please consider ways in which Herefordshire Council can include measures for adaptation, mitigation and for the protection of Hedgehogs to a level comparable to that required for European Protected Species.