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

To receive apologies for absence.

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

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

The following declarations of interest were made:

Councillor Mrs Attfield declared a personal interest in Agenda Item 9, Report of Cabinet, para 13.1(iv) Homelessness and Housing Advice.

Councillor Mrs. L.O. Barnett declared a prejudicial interest in Agenda Item 11, Report of the Planning Committee, Referred Planning Application 1(a).

Councillors Phillips and Wilcox declared personal interests in Agenda item 9, Report of Cabinet, para 1.1 Youth Justice Plan.

Councillor A.L. Williams declared a prejudicial interest in Agenda Item 11, Report of the Planning Committee, Referred Planning application 1(j).

To approve and sign the Minutes of the meeting held on 13th May, 2005.

Councillor A.L. Williams said that he had been present at the meeting held on 13th May but that his attendance was not recorded in the Minutes. 

In response to a query by Councillor Mrs. M.D. Lloyd-Hayes, the Chief Executive reminded Members that Standing Order 4.14.4 provides that no discussion should take place on the minutes except on their accuracy and any question of their accuracy should be raised by Motion which should be given to the County Secretary and Solicitor at least 24 hours before the Council meeting in question.  

RESOLVED:  That, with the inclusion of Councillor A.L. Williams, the minutes of the meeting held on 13th May, 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 said that he had recently attended a ceremony to mark the completion of the improvement scheme of the Roman Road between Tillington Road, Hereford and Stretton Sugwas.  A tree was planted on the new village green and a commemorative plaque unveiled.  The Chairman thanked the constructor Alan Griffiths and his staff, Owen Williams and Halcrow consultants as well as Council staff from the Environment Directorate and elsewhere for their assistance in bringing the project to completion. 

The Chairman announced that the Oval Advice Centre and the South Wye News had been winners of the Queen's Award for Voluntary Services, representing two of the five awards presented in the West Midlands. 

The Chairman congratulated Councillor G.W. Davis on his re-election to the Hereford & Worcester Fire and Rescue Authority and appointment as Vice-Chairman of the West Midlands Regional Fire Authority.  He also congratulated the Fire And Rescue Authority on the very recent announcement by the Audit Commission that it had received a "Good" rating in the Comprehensive Performance Assessment which placed it in the upper quartile of all authorities nationally.

He reminded the Members that the Council photograph for this term would be taken at the end of the meeting.

PETITIONS

The Chairman advised that he had received a petition on the subject of denominational transport.  Although the petitioners recognised that the position had moved on since the petition was started, they were still concerned about the issue of the provision of free transport to schools.  The Chairman presented the petition to Councillor D.W. Rule, MBE, the Cabinet Member (Children's Services).

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.

The Chairman reminded Council that it had amended the Constitution at its previous meeting so that the Chief Executive was no longer required to read aloud the questions submitted by Members.  The questions had been listed in the order in which they were received and circulated at the beginning of the meeting.

Question asked by Councillor R.I. Matthews:

"A large number of the statutory road signs situated along the County’s highways have become more or less totally obscured by overgrown hedges and general vegetation in recent months.  This obviously has an effect on ROAD SAFETY which we, together with our partners, have been striving to improve over recent years.  Can the Cabinet Member tell me what would be the legal implications for this Authority, should someone be injured as a result of these signs not being clearly visible to the motorist?  In addition, when does the Highways Department intend doing something about this extremely serious issue?"

Councillor D.B. Wilcox advised that, in a rural area like Herefordshire, many traffic signs are sited in grass verges and alongside hedgerows, and inevitably, during the summer months there was a risk that vegetation would encroach on the visibility of the signs.  He said that responsibility for cutting back hedges rests with the landowner and that the Council had power to issue notices to landowners requiring them to trim back hedges on safety grounds.  In practice the Council also intervenes directly where trimming back of hedges is urgently required on safety grounds.  Area Maintenance Teams have initiated an additional programme to clear vegetation from signs and marker posts at sites where specific accident reduction measures has been installed.  Individual signs have also been cleared where particular problems have been identified or complaints received.  As for verges, the Council is responsible for grass cutting and undertakes two cuts a year with additional cutting as necessary for safety and visibility splays.  The second cut of rural grass verges is about to start.

In response to a plea to make sure that landowners carry out their duties, the Cabinet Member confirmed that the Council has an ongoing responsibility to check areas of concern and this is done on a regular basis.

Question asked by Councillor A.C.R. Chappell:

"It is now nearly two years since I asked the Cabinet Member, at Council, about the re-location of the market site.  At the time Council was assured that officers were looking at alternative sites to the Hospital Farm site.

I understand that no alternative site, or one that is in the Council's ownership, has been identified.  Rumours that the Cabinet Member has finally agreed that the Hospital Farm site is the only feasible and suitable site abound.

Will he confirm that his preferred site for the new market is now the Hospital Farm site at Burghill.  If this is not he case will he tell Council which site has been agreed and when will that decision go to Cabinet?"

Councillor R.J. Phillips, the Leader of the Council confirmed that the  ...  view the full minutes text for item 27.

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 19th May, 9th and 23rd June and 14th July, 2005.

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 19th May, 9th and 23rd June and 14th July, 2005.

In relation to Item 1.2 - Herefordshire Provisional Local Transport Plan (LTP) 2006/07-2010/11 – the Leader and Cabinet Member (Highways and Transportation) responded to a number of queries as follows.

Road Safety – The Leader reminded Council that the A49 was the responsibility of the Highways Agency and that the Council was in constant dialogue with them over issues of road safety which remained a matter of great concern to the Council.  The next meeting involving the Highways Agency, the Cabinet Member (Highways and Transportation) and Council officers was due to take place in September.  The Cabinet Member confirmed that issues important to the Council were discussed at these meetings.  He also confirmed that the reduction of road traffic accidents was an important LPSA target and, although the numbers were reducing, the Council needed to maintain its focus and also involve its partner organisations in improving the situation.

Increased Air Pollution at Bargates, Leominster due to the new Business Park and proposed additional housing at Baron's Cross – The Leader advised that the key aims of the LTP included improved accessibility, safer roads, reduced congestion and better air quality but that the Council needed to be realistic in what it could achieve with the resources available.  The Cabinet Member (Highways and Transportation) confirmed that the need for improvements to the air quality at the Bargates was now included in the Plan.

Speed Limit Policy – The Leader acknowledged that the number of road accidents in the County continued to be a concern, but confirmed that there had been some improvement at identified accident black-spots.  He spoke of the work being undertaken with the Police and Highways Agency to educate drivers of the dangers and the necessity to drive at a safe speed.  The Cabinet Member (Highways and Transportation) acknowledged that there was a problem with the weight and speed of vehicles using 'rat-runs' and although there was a long-term programme to deal with problems around the A465 and A49 these would not be solved in the immediate future.

Vehicles in High Town, Hereford – Councillor Wilcox, the Cabinet Member (Highways and Transportation) said he was investigating the implementation of the necessary road order to improve the situation.

Proliferation of Road Signs – He said that the Council was obliged to comply with the statutory requirements of the Department of Transport.

Extension of the Roman Road – It was confirmed that the need for an extension of the Roman Road west and improvements to the eastern skew bridge was now included in the Plan.

In relation to Item 4.1(i) Social Care Budget – In response to a number of comments and queries the Leader stated that the case had already been made for extra investment in Social Care and thanked those Members who had supported the extra investment in the service.  He said  ...  view the full minutes text for item 29.

To receive the report and to consider any recommendations to Council arising from the meetings held on 24th May and 19th July, 2005.

Councillor R.I. Mathews presented the report of the meetings of the Regulatory Committee held on 24th May and 19th July, 2005.

In response to a number of queries Councillor Matthews responded as follows:

% of public houses who have applied for new licences - he advised that the Council was receiving between 50 and 60 applications a day and he would investigate what percentage this was of licence holders and notify Members. 

He advised that no provisions were currently in place for late applications as it was hoped that all the necessary applications would be made before the statutory deadline.  He also advised that, although the Council had made every effort to inform landlords of the requirements of the new legislation, it was the landlords' responsibility to know whether they needed to apply for a new licence.  He agreed to investigate the provisions for enforcement at those premises which had not applied.  He said it was intended that public notices containing lists of applications would be published in the local press once the current workload had eased.

Use of CCTV - He supported a suggestion that CCTV cameras should be monitored 24 hrs a day to assist in meeting the targets set out in the Crime and Disorder Strategy.

Knowledge test for taxis - Councillor Matthews advised that this test was being introduced with the full support of local taxi firms and would be operating very soon.  It was aimed at improving the service to the public and ensuring good working practices. 

RESOLVED:That the report of the meetings of the Regulatory Committee held on 24th May and 19th July, 2005 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 3rd June and 15th July, 2005.

Councillor T.W. Hunt presented the report of the meetings of the Planning Committee held on 3rd June and 15th July, 2005.

RESOLVED:That the report of the meetings of the Planning Committee held on 3rd June and 15th July, 2005 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 9th June and 1st July, 2005.

Councillor T.M. James presented the report of the meetings of the Strategic Monitoring Committee held on 9th June and 1st July, 2005.

In response to a query Councillor James advised that it was likely Best Value Reviews would be phased out.

RESOLVED:That the report of the meetings of the Strategic Monitoring Committee held on 9th June and 1st July, 2005 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 17th June and 8th July, 2005.

Mr Robert Rogers presented the report of the meetings of the Standards Committee held on 17th June and 8th July, 2005 and the Committee's Annual Report for 2005/06. 

In response to a number of queries on the Protocol on the Use of Council Resources he advised that the use of a separate e-mail address would be required for personal use to prevent the impression of seeking preferential treatment.  He could see no objection to using the Council provided equipment for parish council business.  He did not wish to be overly prescriptive about a definition on modest use but advised that personal use should not exceed Council use.

In response to a query about Standards hearings, he said he did not anticipate any major change in how hearings would be conducted.

Councillor J.W. Edwards moved the recommendation.

RESOLVED:

That    (a) the report of the meetings of the Standards Committee held on 17th June and 8th July, 2005 be received; and

            (b) the revised protocol on the Use of Council Resources by Members, as set out in Appendix 1 to the report be approved.

To receive the report and to consider any recommendations to Council arising from the meeting of the Statutory Accounts Committee held on 11th July, 2005.

Councillor R.J. Phillips presented the report of the Statutory Accounts Committee held on 11th July, 2005.

RESOLVED:  

That    (a)        the report of the Statutory Accounts Committee held on 11th July, 2005 be received; 

(b)               Standing Order 4.31.1 (Changes to the Constitution) be suspended in accordance with Standing Order 4.32 to allow the Council to consider the proposed variations to the Name, Composition and Terms of Reference of the Statutory Accounts Committee as detailed in the Report;

(c)               Standing Order 9.7 be revised so that the Statutory Accounts Committee be re-named the Audit Committee and that its membership be increased, if necessary, to reflect political proportionality;

(d)               Standing Order 9.7.2 be revised so that the terms of reference of the Audit Committee be as follows:

(e)               To provide independent assurance of the adequacy of the Council’s risk management framework and the associated control environment, independent scrutiny of the Council’s financial and non-financial performance to the extent that it affects the Council’s exposure to risk and weakens the control environment, and to oversee the financial reporting process through consideration of :

(a) the terms of reference for Internal Audit

(b) the Internal Audit strategy

(c) the resourcing of Internal Audit

(d) the periodic plans of Internal Audit, progress against and material changes made to these plans, and any implications arising from their findings and opinion

(e) the adequacy of management response to Internal Audit advice and recommendations

(f) the Head of Internal Audit’s annual report

(g) the arrangements made for co-operation between Internal Audit, External Audit and other review bodies

(h) periodic reports by External Auditors

(i) approval of the Council’s Statement of Accounts and associated reports.

and

(f)                 the Chief Executive be requested to execute his delegated powers to make, following consultation with the political group leaders, any adjustment to the number and allocation of seats to give effect to the rules on proportionality, and to make appointments to the Audit Committee in accordance with the nominations of the political group leaders.

To receive the report of the meeting of the West Mercia Police Authority held on 7th June, 2005.  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 7th June, 2005.

He reminded Members to restrict their questions to those items which appeared in the report and invited them to approach him after the meeting, or at any other time, if they had any other questions.

He responded to a number of queries as follows:

He reported that there was provision in the Capital Programme for a substantial upgrade to the Hereford Police Station and would provide further written details.

He advised that a number of new recruits were expected to make a difference to the number of police on duty in High Town and would provide more information as it became available.  It was noted that police numbers had risen from 2000 to 2400 over the last few years.

He referred to the dates of Police/Community Consultative Group meetings set out in his newsletter and agreed to provide further information as it became available.

He advised that the arrangements for shared border working had virtually no cost implications as the two police forces covered the same area more efficiently.  

RESOLVED:That the report of the meeting of the West Mercia Police Authority held on 7th June, 2005 be received.