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

To receive apologies for absence

Apologies were received from Councillors Mrs. E.M. Bew, G.W. Davis, N.J.J. Davies, J.P. Thomas, Ms A.M. Toon.

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

There were no declarations of interest made.

To approve and sign the Minutes of the annual meeting held on 21st May, 2004.

In response to a query on the minutes of the meeting held on 21st May, 2004, and in the absence of a written notice of motion as required by Standing Order 4.14.4, Councillor W.J.S. Thomas was asked to write to the Chairman setting out his concerns.

RESOLVED:  That the minutes of the annual meeting held on 21st May, 2004 be approved as a correct record and signed by the Chairman.

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

The Chairman announced that the partnership contract with SHAW Homes to run the older people's care homes in the County had been signed on 28th July and that the transfer would take effect on 1st August, 2004.  He thanked all the staff involved for their efforts in finalising this important partnership arrangement for older people in Herefordshire.

The Chairman informed Council that three Herefordshire residents had recently taken part in the first citizenship ceremony to be held in the County.  The ceremony included taking an oath of allegiance to her Majesty Queen Elizabeth II and a pledge of loyalty to the United Kingdom.  He advised that there could be as many as 50 applicants in Herefordshire each year and the next ceremony was already being planned.

The Chairman reminded Council that the Civic Service would be held in Hereford Cathedral on Sunday, 13th March, 2005 at 3.30 p.m.  He advised that the new Bishop of Hereford had agreed to preach at the service.

The Chairman extended an invitation to pupils at Burghill Community Primary School to attend the Council meeting to be held on Friday, 12th November, 2004.

The Chairman presented a petition, asking for support for a skate park in Hereford City, to the Cabinet Member (Community and Social Development).

To receive questions from members of the public.

Under the Constitution a member of the public can ask a Cabinet Member or Chairman of a Committee any question relevant to a matter in relation to which the Council has powers or duties, or which affects the County, as long as a copy of the question is deposited with the County Secretary and Solicitor more than six clear working days before the meeting.  A series of questions and supporting statements relating to support for a skate park in Hereford City had been received within the requisite timeframe and were included in the agenda. 

In response to a request for support for a purpose built skate park in Hereford City, Councillor R.V. Stockton, Cabinet Member (Community and Social Development) said that the Council already supports the development of skateboarding facilities throughout the County, both through the provision of land and limited revenue support to assist maintenance as well as undertaking safety inspections.  He advised that the main emphasis had been on the development of neighbourhood facilities.  The problem with provision of land in Hereford City was the scale of the facilities and the value of the land required.  Any financial contributions would need to be prioritised against other bids for resources. 

In response to the question about potential tourism benefits he advised that neither Sport England nor ILAM had been able to evidence tourism or economic benefits arising from skate parks.

He advised that the Council does not provide financial support to team sports other than providing pitches on existing open space.  He also said that the Council had allocated £10,000 to skate parks compared to £7,000 to core sports development. 

He also advised that projects most likely to succeed were those that involved the whole community and urged the skateboarders to seek support from their local community to establish a joint venture partnership.  This would also allow them to approach other funding sources to ensure continuity once a project had been established.

To receive any written questions.

Question asked by Councillor J Stone.

"Has Herefordshire Council made representations to the Highways Agency for road improvements at Ashton following the fatal accident on the A49 on Monday, 7th June, 2004?"

Councillor Wilson, Cabinet Member (Highways and Transportation) in replying,extended his sympathy to the families of the drivers tragically killed in the appalling accident at Ashton in June and to the local residents whose property was so badly damaged in the accident.

He reminded Councillor Stone that the Council had previously highlighted to the Highways Agency that safety on the A49 should be a priority when considering future management of the route, with several sites on the A49 in Herefordshire having records of long-term patterns of personal injury accidents. He said that accident reduction measures had been introduced at some sites and further measures were proposed. The bends at Ashton had received minor remedial treatment in the past.

He confirmed that the Highways Agency, like the Council, was expected to prioritise the trunk road safety improvement programme according to objective assessments of longer-term accident trends.

He read out the following statement from the Highways Agency:

“As is normal following incidents of this sort, the Highways Agency assisted the Police and other emergency services at the time of the incident and are continuing to liaise with the police as they carry out an investigation into the circumstances. Details of the investigation are not yet available but, if it is established that the highway infrastructure may have been a contributory factor, the Agency will look at what measures, if any, would be appropriate to improve safety at this location.”

He was also aware that the local MP had raised the matter at Prime Minister's question time, and it was also raised with the Highways Agency during the Route Management Strategy consultation at Whitchurch.  He agreed to keep the local Member informed of any further information about proposals for this site.

Councillor Stone and Councillor Wilson both praised the emergency services for their assistance at the scene of the accident.

In response to a further question about diversion routes following a major accident on the Council's roads, Councillor Wilson advised that Council officers and staff from the Highways Agency worked together to devise diversionary routes that would assist the flow of traffic but were constrained by the existing road infrastructure which often left no alternative but to divert traffic through smaller villages.

Question asked by Councillor R. Manning

"In light of the fact that natural justice is deeply enshrined in English Law i.e. that a man cannot be a judge in his own cause, does the Council feel confident that its Constitution, Appendix 13, Paragraph 37 would not be considered ultra vires?

In view of the fact that the Constitution is currently being reviewed, could I ask the Leader if my question could be considered in this process?"

Councillor Phillips said that the Constitution provided a robust framework of governance by which the functions of the Council are regulated ensuring that  ...  view the full minutes text for item 25.

To consider any Notices of Motion.

There were no Notices of Motion.

To receive the report and to consider any recommendations to Council arising from the meetings held on:

(a)       3rd and 17th June, 1st and 15th July, 2004 and

(b)       22nd July; 2004.  (Report to follow)

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 3rd and 17th June, and 1st, 15th  July, 2004, and the supplementary report of the meeting held on 22nd July, 2004.

Main Report

In relation to item 1.1 Corporate Plan 2004/07 (including Best Value Indicator Reporting for 2003/04)  - in response to a query the Leader assured Council that he would be seeking to ensure that reports of this nature are written as clearly and concisely as possible.

In relation to item 1.2 Council Tax Designation and Capping Local Government Finance Act 1992 Council Tax Limitation (England)(Maximum Amounts) Order 2004 - The Leader reminded Council that the criteria for capping was unknown at the time that it set its budget for 2004/05.  He said it was important for people to be aware of that.  To this end he was happy to share with any interested parties a letter dated 6th April, 2004 from the Office of the Secretary of State confirming this.

In relation to item 4.1(iii) Revenue Support Grant (RSG)  - in response to a query the Leader explained that, for the purpose of calculating RSG the government was using census information from 1991 rather than 2001.  It had been estimated that if the 2001 figures had been used Herefordshire may have been entitled to extra funding of up to £1.8 million.  This was because a number of criteria related to elderly people, of which the County has a higher than average proportion.

In relation to item 7.1(i) Edgar Street Grid Delivery Vehicle - In response to a request for more information, Councillor G.V. Hyde advised that the project to redevelop the Edgar Street Grid was in the early stages of what would be a 15-20 year project.  He said that it was too early to hold another seminar for Members as there were still too many options open, not least of which was to identify a new site for the livestock market.  The Leader confirmed that inclusion of a Hereford City member on the Joint Venture Partnership would be considered as part of the process.

In relation to item 8.1(i) Review of Discretionary Policies Applicable to Home to School Transport - in response to a query Councillor Rule, Cabinet Member (Education) confirmed that the review would include the cost of transport to schools out of County for those who have been refused a school in their catchment area.

In relation to Item 12.2(i) Parish Plans Protocol - in response to a query, the Leader advised that the relaxation of current timescales for responses may be unavoidable in some instances solely because of the amount of time involved in dealing with over 40 parish plans.  He confirmed there would be no undermining of the Council's commitment to the parishes.

Supplementary Report

In relation to item 3.1(i) Commission for Social Care Inspection, Inspection of Older People's Social Care Service for Herefordshire - in response to a query Councillor Mrs. Barnett, Cabinet Member  ...  view the full minutes text for item 27.

To set revised Council Tax amounts for each category of dwelling in Herefordshire for 2004/05 and to calculate the Council's budget requirement for 2004/05 in accordance with the Council Tax Limitation (England)(Maximum Amount) Order 2004 and the substitute precept made by the Combined Fire Authority.

Following the resolution at Minute 27(b) above it was unanimously RESOLVED:

That:   (1)            In respect of the Council’s 2004/05 Budget:

(a)a council tax of £955.73 be levied (at Band D);

(b)programme areas contain expenditure within “cash limits” i.e. outturn budgets with no further allowance for pay or price inflation beyond that already provided;

(2)in respect of council tax for 2004/05 that the following amounts be approved by the Council for the year 2004/05 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992:

(a)     £255,853,372 being the estimated aggregate expenditure of the Council in accordance with Section 32(2)(a) to (e) of the Act;

(b)     £78,682,000 being the estimated aggregate income of the Council for the items set out in Section 32(3)(a) to (c) of the Act;

(c)     £177,171,372 being the amount by which the aggregate at (a) above exceeds the aggregate at (b) calculated by the Council in accordance with Section 32(4) of the Act, as its total net budget requirement for the year;

(d)     £111,707,795 being the aggregate of the sums which the Council estimated will be payable for the year into its general fund in respect of redistributed non-domestic rates, revenue support grant, additional grant or relevant special grant, increased by the transfer from the Collection Fund;

(e)     £983.55 being the amount at (c) above less the amount at (d) above all divided by the amount of the Council Tax base calculated by the Council, in accordance with Section 33(1) of the Act, as the basic amount of its Council Tax for the year;

(f)     £1,851,372 being the aggregate amount of all special items referred to in Section 34(1) of the Act;

 (g)     £955.73 being the amount at (e) above less the result given by dividing the amount at (f) above by the amount of the Council Tax base calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item relates;

(h)that the precepting authority details incorporated in Annex 1 (i-v), relating to Special Items, West Mercia Police and Hereford and Worcester Combined Fire Authority be approved in accordance with Sections 30(2), 34(3), 36(1) and Section 40 of the Local Government Finance Act 1992.

(3)Pursuant to the requirements of the Local Government (Functions and Responsibility) (England) Regulations 2000, any decisions on the application of reserves and balances as required from time to time during the financial year be taken by Cabinet.

To receive the report and to consider any recommendations to Council arising from the meeting held on 29th June, 2004.

Councillor R.I. Mathews presented the report of the meeting of the Regulatory Committee held on 29th June, 2004.

RESOLVED:That the report of the meeting of the Regulatory Committee held on 29th June, 2004 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 2nd July, 2004.

Mr Robert Rogers presented the report of the meeting of the Standards Committee held on 2nd July, 2004.

RESOLVED:That the report of the meeting of the Standards Committee held on 2nd July, 2004 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 5th July, 2004.

Councillor T.M. James presented the report of the meeting of the Strategic Monitoring Committee held on 5th July, 2004.  In response to a query Councillor James agreed that he had some concerns about the Scrutiny Committees not calling the executive to account.  However, he said that much of what went to Cabinet was statutory and there had been relatively few contentious issues to deal with.

RESOLVED:That the report of the meeting of the Strategic Monitoring Committee held on 5th July, 2004 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 16th July, 2004.

Councillor T.W. Hunt presented the report of the meeting of the Planning Committee held on 16th July, 2004.  Councillor Hunt referred Council to a number of documents contained in the agenda for the Planning Committee and urged Members to request a copy.  He acknowledged that it was difficult for young people to afford to buy houses in the villages where they grew up because of the escalating price of property and indicated that future developments should be linked to local need.  The Leader advised that the Council had taken steps towards addressing this issue by pursuing planning policies which not only sought to secure affordable housing the new build areas but also used criteria in considering extensions and conversions restricting the scale and thus the affordability of existing stock.

RESOLVED:That the report of the meeting of the Planning Committee held on 16th July, 2004 be received.

To receive the reports of the meetings of the West Mercia Police Authority held on 18th May and 8th June, 2004.  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 of the West Mercia Police Authority held on 18th May and 8th June, 2004.  In response to a series of questions Councillor Hunt was able to provide the following information:

PCCGs - the Police Authority had set up a series of Police and Community Consultative Groups for Bromyard, Hereford City, Kington, Leominster and Herefordshire Rural (which included the Golden Valley, Ledbury and Ross-on-Wye).  He said he would endeavour to find out when it would next be meeting at Ledbury and agreed to make some enquiries about police comments on public order issues at the various festivals in the town and report back to Council in writing.

Capital Programme - He advised that the proposal to take no further action on the proposed capital schemes at Leominster and Hereford until the conclusion of the nomination process would have only a slight effect.

Response times - He advised that individual response times were not recorded in a form which could be reported in the way requested i.e. slowest and fastest.  He confirmed that records for individual incidents could be found if requested.

Recruitment - He said he was unaware of the time delays involved in the recruitment process (up to 12 months) and agreed to investigate and report back.  He advised that the Police Authority was confident it would be able to achieve and maintain a staffing level of 2,400 officers.

He agreed to seek further information and report back at a later date on a number of other topics including: access by underage young people to nightclubs; presence of police on the streets in Hereford City during the previous weekend's BNP presence; and whether the proposed reduction in the numbers of probation officers will be achieved through natural wastage.

RESOLVED:That the reports of the meeting of the West Mercia Police Authority held on 18th May and 8th June, 2004 be received.