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. P. A. Andrews, A.C.R. Chappell and Mrs. S.P.A. Daniels.

Note:  Councillor Mrs. Andrews joined the meeting just prior to consideration of the report of the Strategic Monitoring Committee to Council (Minute No. 45 refers).

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 meeting held on 30th July, 2004.

The Chairman advised that Councillor R. Manning had, under Standing Order 4.14.4, raised a query on the accuracy of Minute 25.  The Chairman proposed that the minute be amended by removing the last sentence in the third paragraph of page 4 of the agenda and replacing it as follows:

"He asked:  If a dissatisfied applicant, with enough financial resources chose to challenge Appendix 13 paragraph 37 in its present form at judicial review and was successful, how safe would other decisions be which had been referred in the same manner?  Could other cases then be reconsidered and in that event what would be the potential cost to the Council."

RESOLVED:  That, subject to the above amendment, the minutes of the meeting held on 30th July, 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 welcomed a number of pupils and teachers from Burghill Community Primary School to the meeting.  He also extended an invitation to other schools, and particularly to High Schools, to attend Council and asked Councillor Mrs. C.J. Davis, in her capacity as School Governor for John Kyrle High School, Ross-on-Wye, to issue an invitation to pupils there on his behalf.

He announced an outstanding achievement by other schools in the County from the Golden Valley Pyramid.  Fairfield High School had been the venue for the making of a film when the planet Venus passed in front of the Sun in June this year.  The film had been awarded the first prize in a European competition in Paris.  The prize was a trip to Chile to visit the largest telescope in the world.  It was still to be decided who would be lucky enough to represent Herefordshire on the trip.

The Council joined the Chairman in congratulating Sian Lines, the Finances and Resources Manager in the Environmental Health and Trading Standards Department on her award of Top Student prize for the Certificate in Marketing by the Chartered Institute of Marketing.

Another prize was won by a team representing the Council - this time in the Local Government Chronicle's Management Challenge Awards.  The team of Amanda Attfield, Jonathan Barrett, Christine Dyer, Cat Griffiths, Sue Griffiths and Andrew Tanner beat off competition from 45 other Councils to lift the prize for the Best Press interview.

The Chairman announced that, as the report of the Cabinet meeting held on 4th November, 2004 was confidential and necessitated members of the public leaving the Council Chamber, he would deal with it as the final item of business at today's meeting.

The Leader took the opportunity to report on three awards presented to Councillors Mrs. Barnett, Mrs. Gray and Harling.  The awards were presented by  St Michael's Hospice in recognition of over 20  years continuous service.

Councillor Harling announced that he had received two petitions prior to the meeting.  One, containing 1,300 signatures, opposed further development at Bullinghope, Hereford and was presented to Councillor P.J. Edwards, Cabinet Member (Environment).  The other, protesting about the continued use by heavy traffic at Old Road, Bromyard was presented to Councillor M. Wilson, Cabinet Member (Highways and Transportation).

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.  No such questions had been received.

To receive any written questions.

Question from Councillor Mrs. C.J. Davis

"Can the Leader please let us know what progress has been made towards holding a public meeting in Ross with the appropriate officers plus representatives from Welsh Water to discuss openly the Tanyard Lane proposals and the effect these will have on the existing sewage/water courses within the town?"

Councillor Phillips, the Leader of the Council, advised thata public meeting had been arranged for Monday, 22nd November commencing at 7.30 p.m. at John Kyrle High School, Ross-on-Wye.  Planning officers would be in attendance and  representatives of the developers and of Welsh Water had been invited.  At the meeting the Welsh Water representatives would be able to advise on the sewerage implications of the Tanyard Lane proposals.  He said that he had also extended an invitation to the meeting to former Councillor Mrs. Joyce Thomas.

In response to a further query Councillor Phillips agreed that local members should be informed of matters affecting their wards before the press or local town or parish councils.

Question from Councillor W.J. Walling relating to the road works at the junction of Folly Lane/Ledbury Road.

"The Cabinet Member (Highways and Transportation) will be only too aware of the considerable public concern – not to say anger – that has been generated by the delays that appear to have occurred in the progress of these works.  Is he in a position to say why the works have taken so long and is it possible for him to give Council some indications as to when the works might finally be completed?"

Councillor Wilson, Cabinet Member (Highways and Transportation) thanked Councillor Walling for his question and took the opportunity to thank residents not just of Folly Lane and Ledbury Road but also those living near other extensive road works at Newtown Crossroads and Aylestone Hill for their patience while road works were being carried out. 

He advised that the signals became operational on Tuesday, 9th November and seemed to be working very well.  Some minor remedial works were being completed on the footways.

It had been hoped that the works could be undertaken during the summer months for completion before the start of the school term.  Unfortunately, during the detailed design it became apparent that the site was packed with underground services that would hamper construction and required careful layout of the new signal equipment.  Before any work could start on the project it had to undergo a thorough Health and Safety evaluation, and this highlighted the need for some additional preparatory design work before the start on site.

Delays in completion could be attributed to several factors, including intervention by Transco who required the scheme to make allowance for insertion of a new gas main.  By adding a duct to take a proposed new main, possible future disruption has been avoided. Delays were compounded by some relatively poor co-ordination of resurfacing, anti-skid treatment, white lining and the weather.  Completion was further delayed by non-delivery of some vital electronic units.  This  ...  view the full minutes text for item 40.

Councillors Mrs M.D. Lloyd-Hayes and W.L.S. Bowen have submitted the following notice of motion:

"That HEREFORDSHIRE COUNCIL, as an important consumer and opinion leader, gives support to facilitate the promotion and purchase of foods with the FAIRTRADE Mark.

That HEREFORDSHIRE COUNCIL supports a fairer deal to marginalized producers by promoting FAIRTRADE products throughout the Council via its many establishments such as Leisure and Sports Centres, offices, Info Centres and encourages partner agencies such as Jarvis Catering to use FAIRTRADE products wherever possible.

The initiative involves a commitment to Agenda 21 and sustainable development by :

• widely offer FAIRTRADE Marked food and drink options internally and make them available for internal meetings.
• promote the FAIRTRADE Mark using FAIRTRADE Foundation materials in refreshment areas.
• promote the FAIRTRADE initiative on internal communications and external newsletters
• allow staff to purchase FAIRTRADE products internally
• attract media coverage and popular support for the campaign
• allocate responsibility for progression of the FAIRTRADE initiative to a member of staff from Agenda 21 to liaise with the already existing steering group.”

Urgency has not been moved and under Standing Order 4.22.6 the motion will stand referred to the Leader of the Council pending the Council's approval of the Constitutional amendment which allocates responsibility for procurement to the Cabinet Member (Human Resources and Corporate Support Services).

Councillors Mrs. M.D. Lloyd-Hayes and W.L.S. Bowen had submitted the following notice of motion:

"That HEREFORDSHIRE COUNCIL, as an important consumer and opinion leader, gives support to facilitate the promotion and purchase of foods with the FAIRTRADE Mark.

That HEREFORDSHIRE COUNCIL supports a fairer deal to marginalized producers by promoting FAIRTRADE products throughout the Council via its many establishments such as Leisure and Sports Centres, offices, Info Centres and encourages partner agencies such as Jarvis Catering to use FAIRTRADE products wherever possible.

The initiative involves a commitment to Agenda 21 and sustainable development by :

• widely offer FAIRTRADE Marked food and drink options internally and make them available for internal meetings.
• promote the FAIRTRADE Mark using FAIRTRADE Foundation materials in refreshment areas.
• promote the FAIRTRADE initiative on internal communications and external newsletters
• allow staff to purchase FAIRTRADE products internally
• attract media coverage and popular support for the campaign
• allocate responsibility for progression of the FAIRTRADE initiative to a member of staff from Agenda 21 to liaise with the already existing steering group.”

Urgency had not been moved and under Standing Order 4.22.6 the motion stood referred to the Leader of the Council pending the Council's approval of the Constitutional amendment which allocates responsibility for procurement to the Cabinet Member (Human Resources and Corporate Support Services).

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

(a)       9th and 23rd September and 14th and 21st October, 2004; and

(b)       4th November, 2004.  (Report to follow)

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 9th and 23rd September and 14th and 21st October, 2004.  He reminded Council that the report of the proceedings of the meeting held on 4th November, 2004 was exempt and would be considered as the final item at today's meeting

In relation to item 1.2 - Review of the Constitution -

Clarification of Head of Planning Services' powers of referral - The Leader moved a small amendment to the text at paragraph 5 on page 51 of the agenda to require the Head of Planning Services to consult the County Secretary and Solicitor before referring matters which he considered should be dealt with at a strategic county-wide level.  He confirmed that the County Secretary and Solicitor would now be consulted on all matters referred to the main Planning Committee.  It was also confirmed that the Head of Planning Services would not refer applications which have been considered by the relevant Area Planning Sub-Committee where that Area Planning Sub-Committee is minded to make a decision which is contrary to officer recommendation and which is likely to be the subject of a call-in for the Secretary of State.  It was noted that it was necessary in the procedure note to retain the paragraph: "[Subject to no further objections raising additional material planning considerations being received by the [insert date - end of the consultation period]]" because, occasionally, the report was considered prior to the end of the consultation period.

Members Planning Applications - The Leader confirmed that, following confirmation from the Standards Board for England, it was no longer necessary to move amendment number 3 to the Constitution set out at page 29 of the agenda which deals with Members' rights to appoint an agent to speak on their behalf at Planning Committees.

Children's Bill and Review of Cabinet and Scrutiny Portfolios generally - Councillor Phillips formally moved the appointment of Councillor D.W. Rule as lead Cabinet Member for Children's Services.

In relation to item 1.3 - Herefordshire Unitary Development Plan (UDP) Presentation to the Revised Deposit Draft - Councillor P.J. Edwards, Cabinet Member (Environment) confirmed that notice would be sent to all local Members of any proposed changes to the Revised Deposit Draft that affected their ward.  It was also confirmed that objectors would only be able to comment further on the three cases detailed in the report and not to the UDP generally.  It was noted that the Public Inquiry would begin in February 2005.

In relation to item 4.1(ii) - Recovery of Town and Parish Council Election Costs - It was noted that some polling stations had been recently inspected and would not need to be inspected again.

In relation to item 4.1(iii) - The Children's Bill - it was noted that Mrs. S. Fiennes had been appointed as interim Director responsible for Children's Services.

In relation to Item 4.2(vii) Budget 2005/06 and beyond - In response to a query the  ...  view the full minutes text for item 42.

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

Councillor D.B. Wilcox presented the report of the meeting of the Statutory Accounts Committee held on 2nd August, 2004.  In doing so he advised that the external auditors had concluded that there were no matters that they felt they needed to draw to Members' attention.  He also advised that, for Comprehensive Performance Assessment purposes, the Council had scored top marks [4] for the use of its financial resources.

RESOLVED:   That the report of the meeting of the Statutory Accounts Committee held on 2nd August, 2004 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 1st October, 2004.

Councillor T.W. Hunt presented the report of the meeting of the Planning Committee held on 1st October, 2004.

RESOLVED:That the report of the meeting of the Planning Committee held on 1st October, 2004 be received.

To receive the reports and to consider any recommendations to Council arising from the meeting held on 15th October, 2004.

Councillor Mrs. P.A. Andrews presented the report of the meeting of the Strategic Monitoring Committee held on 15th October, 2004.  In response to a query about Ward Members not being informed of cases in their wards, the Leader urged all Members to contact either the Chief Executive or himself once it was apparent that this was not happening.

RESOLVED:That the report of the meeting of the Strategic Monitoring Committee held on 15th October, 2004 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 15th October, 2004.

Mr Robert Rogers presented the report of the meeting of the Standards Committee held on 15th October, 2004.  In doing so he advised that discussions were still taking place with the Standards Board for England over the use of Council resources by Members.  Once the outstanding problems were resolved, the Committee would consult all Councillors on the final draft before bringing to Council.

RESOLVED:That the report of the meeting of the Standards Committee held on 15th October, 2004 be received.

To receive the report of the meeting of the West Mercia Police Authority held on 21st September, 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 report of the West Mercia Police Authority held on 21st September, 2004.  He advised that his usual newsletter would be circulated to all members once he had received answers to queries raised at the last Council meeting.

He agreed to get answers to other questions raised at the meeting about a number of issues including the number of Community Support Officers, anti-social behaviour, the fatal accident at Ashton in June, and police response times.

He advised that the custody facilities at Leominster police station had recently been upgraded and would be used as the main custody station in the County pending the refurbishment of the Hereford facilities.  In the longer term it would also provide overflow facilities for Ludlow and Tenbury Wells.

RESOLVED:That the report of the meeting of the West Mercia Police Authority held on 21st September, 2004 be approved.

To receive the report of the meetings of the Hereford and Worcester Combined Fire Authority held on 18th May, 14th June, 22nd July and 27th September, 2004.

Councillor G.W. Davis presented the report of the meetings of the renamed Hereford and Worcester Fire and Rescue Authority which were held on 18th May, 14th June, 22nd July and 27th September, 2004. 

Council thanked the Fire and Rescue Authority for the efficient way it dealt with a number of recent fires in the Leominster area.

RESOLVED:That the report of the meetings of the Hereford and Worcester Fire and Rescue Authority which were held on 18th May, 14th June, 22nd July and 27th September, 2004 be received.

RESOLVED:   That the public be excluded from the meeting for the following item of business which disclosed information relating to consultations or negotiations, or contemplated consultations or negotiations, in connections with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.

Councillor Mrs. J.P. French, Cabinet Member (Human Resources and Corporate Support Services) presented the Report of the meeting of Cabinet held on 4th November, 2004 setting out the proposed arrangements to introduce a new set of terms and conditions to apply to all relevant Council employees.  The scheme had been devised to achieve a collective agreement with the trade unions within parameters which the Council could afford, without creating the need for redundancies and with a protection scheme to ameliorate the impact on individual employees.  Councillor Mrs. French recognised the work of the Council's negotiating team in progressing this matter.  She paid tribute to the team from the joint trade union side, comprising both local and national representatives who had worked very hard to resolve outstanding issues.  Unfortunately, a recent ballot had not given the trade unions a mandate to agree a collective agreement.  The Council had continued to meet with the trade unions, but they had been unable to suggest any acceptable alternative approach.  Much work had gone on over  the last year in ensuring that employees were fully informed at every stage of the process and Members had been kept up to date with regular briefings.  Detailed negotiations had gone on with the trade unions with a view to reaching a collective agreement.  The ballot result had been disappointing but understandable.  What was important now was to make every effort to support individual employees through this period

The Leader indicated his disappointment with the outcome of the ballot and the need to continue to seek a collective agreement if possible. 

Councillor Walling pointed out that many trade union members had chosen not to vote in the ballot and that the outcome was hardly a mandate for the trade unions to refuse the collective agreement.  Councillor T.M. James commented on the role of the trade unions and the difficulties that had been caused by their policy of requiring the Council to introduce the National Scheme despite advice at the time. 

It was agreed:

(a)        to continue to make every reasonable effort to conclude a Collective Agreement with the Joint Trade Union Committee that maintains the financial benefits to staff arising from the implementation of any such proposals from 1 April 2005 and notes the forthcoming meeting on 15 November 2004; and

(b)        in the event that the parties are unable to conclude a collective agreement as in (a) above, the Chief Executive, Directors and Departmental Heads be authorised to:

            (i)         conclude the implementation of the single status proposals by varying employees contracts of employment; and

            (ii)        take any consequential action required to give effect to the stages set out in the Report in the event that individual employees refuse to agree required contract variations. 

This was agreed unanimously.