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

To receive apologies for absence.

Apologies were received from Councillors M.R. Cunningham, Mrs. J. Hyde, G.V. Hyde and R. Preece.

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 11th February, 2005.

RESOLVED:  That the minutes of the meeting held on 11th February, 2005 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 congratulated the Highways and Transportation Service on its designation as a Centre of Excellence in Local Transport Delivery by the Department for Transport.

He announced that, following the re-launch of the Council website in January the Council was now in 24th place in the league table of 461 local authority websites, making it the most improved local authority in the country.

Council noted that the next round of Local Area Forum meetings, originally scheduled for April had been rearranged and would now take place in June.  Details would be sent to all Members in due course.

The Council joined the Chairman in offering thanks and best wishes to the Chief Fire Officer, David O'Dwyer on his retirement.  The Chairman agreed to write to Mr O'Dwyer on the Council's behalf.

The Chairman reminded Council of the arrangements for the Civic Service to be held on Sunday, 13th March, 2005.

There were no petitions.

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 asked by Councillor D.C. Taylor of the Cabinet Member (Environment)

"I understand that Mr Justice Elias has handed down a judgement against the Council’s decision to grant planning permission for a waste site at Madley for Estech Europe Ltd. 

In his judgement he gave leave for the Council to appeal.  Has the Cabinet Member (Environment) considered this Council’s position and whether it will be appealing against this judgement?

Has the Council also considered what future stance it should take, along with its partner organisations, regarding reducing the landfill deposits to meet the national guidelines, which are to be brought in by 2010."

Councillor P.J. Edwards, Cabinet Member (Environment) said that  although the High Court challenge to the planning permission was on two grounds, site selection and environmental impact, Mr Justice Elias' judgement confirmed that there where no grounds to quash the decision on the basis of site selection.  The judgement found that clearer information supporting the applicant's assertion that the treatment process would not result in significant environmental emissions was required from the applicant, Estech Europe Ltd, before the Council could properly make a decision on the application.

He advised that the Council would not appeal against the High Court Judgement, as it was for the applicant to consider how they wished to pursue their planning application which awaits determination.

He reminded Council of the Joint Waste Management Strategy with Worcestershire, which sets out how it will achieve targets including diversion from landfill, and also of the long term contract for waste management which has in-built flexibility to adjust to changes in policy. 

Councillor Taylor thanked the Cabinet Member for his answer.  There was no supplementary question.

Question asked by Councillor Mrs. J. Pemberton of the Cabinet Member (Rural Regeneration and Smallholdings)

"Acknowledging the valuable role that Parish Plans play with local communities throughout Herefordshire, are there any proposals for the Council to further assist parishes in the provision of resources in the light of reduced funding from Government?"

Councillor J.C. Mayson, Cabinet Member (Rural Regeneration and Smallholding) thanked Councillor Mrs. Pemberton for her question and said he acknowledged the valuable role that Parish Plans played in local communities particularly in a rural county like Herefordshire.

He reminded Council that the Countryside Agency had launched the Parish Planning process in March 2002 to encourage Parish Council’s throughout the country to engage with their local communities and take a more active role in the development of their Parishes.  A grant of £5,000 per Parish, subsequently reduced to £3,500 per Parish, had been made available.  The Countryside Agency has confirmed that this grant scheme would close in March 2005.

Of the 238 parishes in Herefordshire approximately 41 Herefordshire parishes had either already successfully completed a Plan or were in the process of completing, and although the Council recognises the important role that Parish Planning takes, it would not be possible for the Council to fund the financial gap created by the closure of the Countryside Agency grant support.

He  ...  view the full minutes text for item 70.

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 17th and 24th February, 2005.

Before calling on the Leader of the Council, Councillor R.J. Phillips, to present the report of Cabinet, the Chairman advised that the Revenue Budget and Council Tax for 2005/06 would be debated at page 12 of the agenda.  If any Member wished to move an amendment, they should do so once the Leader had proposed the Council Tax and Budget.  Once the Council had agreed the whole of the Cabinet report, it would move to item 10 of the agenda to set the Council Tax and Revenue Budget for 2005/06 formally in accordance with the legislation.

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 17th and 24th February, 2005.

In relation to item 1.1 - Corporate Plan 2005-2008 - Councillor Phillips reminded Council that this was an important document which sets out the Council's priorities for the next three years and how it intends to achieve them. In response to a query about the lack of targets relating to drug abuse and bullying in schools he stated that the Council could work with the schools to set these targets.

In relation to item 1.2 - Capital Programme 2005/06 - the Leader said that some of this money would help achieve the priorities in the Corporate Plan.  He proposed that the supported borrowing for Education, Transport and Housing be distributed in accordance with government allocations.  He advised of the prudential borrowing allocations from 2004/05 which had ongoing commitments in 2005/06 and the additional schemes recommended for approval in 2005/06.  He spoke, in particular, of the need for investment in the Crematorium, the contact centre (Info by Phone) and the proposed enhancements for Hereford City Centre. 

In response to a query about the provisional nature of the proposed funding for enhancements to Hereford City Centre, he stated that this was part of an overall funding package and the Council would work towards the best interests of the City and the County.  In response to a comment that £2 million could be needed to improve the Buttermarket alone and that £10-£15 million would be required to bring Hereford City Centre up to standard he invited suggestions as to how that money could be raised.

In relation to item 1.3 Revenue Budget and Council Tax 2005/06 - Councillor Phillips reminded Council that it needed to achieve savings of around £5 million and that the proposed budget was recommended by the Cabinet following consultation with the Budget Panel which included representatives from all the political parties and the trades unions.  It had also taken account of proposals from the Strategic Monitoring Committee.  He proposed a budget of £184,889,000 equivalent to a 4.31% rise in Council Tax, the lowest ever set by the Council.

In response to a comment that the 4.31% increase was to make up for the previous year's Council Tax capping and rebilling, and a query about the impact this would have on the population, many of whom were on low or fixed  ...  view the full minutes text for item 72.

To set the Council Tax amounts for each category of dwelling in Herefordshire for 2005/06 and to calculate the Council's budget requirements.

Following the resolution at Minute 72 above, it was unanimously formally RESOLVED:

THAT:            (1)            In respect of the Council’s 2005/06 Budget:

(a) a council tax of £996.94 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;

and

(2)in respect of council tax for 2005/06 that the following amounts be approved by the Council for the year 2005/06 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992:

(a)     £270,134,997 being the estimated aggregate expenditure of the Council in accordance with Section 32(2)(a) to (e) of the Act;

(b)     £83,267,000 being the estimated aggregate income of the Council for the items set out in Section 32(3)(a) to (c) of the Act;

(c)     £186,867,997 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)     £117,942,196 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)     £1,026.41 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)     £1,978,997 being the aggregate amount of all special items referred to in Section 34(1) of the Act;

(g)     £996.94 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.