To elect the Chairman of the Council.

Note:  The Vice-Chairman of the Council will preside during the election for the Chairman of the Council.

In the absence of the Chairman of the Council, Councillor J. Stone, the Vice-Chairman took the Chair and called for nominations to the office of Chairman.  Councillor R.I. Matthews, the Leader of the Independent Group, nominated Councillor J.W. Edwards.  This was seconded by Councillor T.M. James, the Leader of the Liberal Democrat Group.  There were no other nominations.

RESOLVED:  That Councillor J.W. Edwards, be elected Chairman of the Council for the ensuing year.

Councillor Edwards made and signed the Declaration of Acceptance of Office.

Councillor Edwards took the chair for the remainder of the meeting.

In the absence of the Chaplain, the Very Reverend Peter Haynes led the Council in prayer.

To receive apologies for absence.

Apologies were received from Councillors Mrs. A.E. Gray, J.G.S. Guthrie, Ms G.A. Powell and W.J. Walling.

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

The Chairman, Councillor J.W. Edwards, declared a personal interest in Item 10 - Questions from Members of the Public.

He also reminded Members of their obligation to notify the Head of Legal and Democratic Services of any changes affecting their Declaration of Financial and Other Interests within 28 days of any changes taking place.  He asked them to complete and return the necessary forms to the Members Support office as soon as possible.

To appoint the Vice-Chairman of the Council.

RESOLVED:  That Councillor J. Stone be appointed Vice-Chairman of the Council for the ensuing year.

Councillor J. Stone made and signed the Declaration of Acceptance of Office.

To approve and sign the Minutes of the meeting held on 10th March, 2006.

The Chairman proposed the following amendment to the minutes of the meeting held on 10th March, 2006:

At Minute 77 - In relation to Item 1.2 - Revenue Budget 2006/07 - the second sentence be amended to read:  "The proposals had been endorsed by the Budget Panel, Strategic Monitoring Committee and Cabinet and commented on by Union representatives."

RESOLVED:  That, subject to that amendment, the minutes of the meeting held on 10th March, 2006 be approved as a correct record and signed by the Chairman.

To appoint the Leader of the Council.

RESOLVED:  That Councillor R.J. Phillips be appointed Leader of the Council for the ensuing year.

(a)        To make appointments to the positions of Cabinet Members, Chairmen and Vice-Chairmen of committees, the appointment of which is reserved to Council;

(b)        to establish the allocation of seats to political groups based on proportionality and to agree arrangements for making the necessary adjustments to proportionality based on appointments to individual committees in order that proportionality can be applied across the Council as a whole; and

(c)               to make arrangements for such appointments to committees and other bodies as may be necessary.

Note:   The Council may be asked under this item to confirm or agree alternative arrangements for appointments to Committees and other bodies pursuant to Regulation 20 of the Local Government (Committees and Political Groups) Regulations 1990 as amended.

The Chief Executive presented the report.  He asked for authorisation to await the result of the Kerne Bridge by-election before recasting the political proportionality of the Council, which would be done in consultation with the Group Leaders. 

He proposed that existing office holders be confirmed until the Council meeting on 28th July, 2006.  He advised that a report from the Constitutional Review Working Group picking up recommendations from the Corporate Assessment would be available at that meeting.

He reminded Council that in order to maintain the status quo in relation to seats held on the Strategic Monitoring Committee, it would have to approve alternative arrangements to strict proportionality for appointments to committees in accordance with Regulation 20 of the Local Government (Committees and Political Groups) Regulations 1990.  This could only be carried if a resolution was passed without anyone voting against it.  If there was any vote against it, it would be necessary to re-cast the proportionality across all bodies covered by the Regulation.

The Leader of the Council advised that Councillor D.W. Rule, MBE would continue as Deputy Leader and that the members of the Southern Area Planning Sub-Committee had agreed the Councillor H. Bramer be appointed Vice-Chairman of that committee.

RESOLVED (unanimously)

That    (a) the arrangements for appointments to committees and other bodies be agreed;

(b)that existing office holders of the offices described in Appendix 1, and including Councillor H. Bramer as Vice-Chairman of the Southern Area Planning Sub-Committee, be confirmed until the Council meeting on 28th July 2006 when it is anticipated that the report of the Constitutional Review Working Group will be available; and

(c)               the Chief Executive be requested to exercise 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, as necessary, in accordance with the nominations of the political group leaders, including any changes that will be necessary following the by-election for the Kerne Bridge ward.

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

The Chairman welcomed Members and guests to the annual meeting of Council and advised that lunch would be served at the Town Hall at the end of the meeting.

He thanked the Very Reverend Peter Haynes for officiating at the meeting in place of the Dean, who was unable to attend. 

He paid tribute to  Mrs. Ruth Lincoln who had recently resigned from the Council due to ill health.  He thanked her for her many years of service to the community including serving on the South Herefordshire District Council prior to being elected to Herefordshire Council and for her work on the Southern Area Planning Sub-Committee which she chaired for a number of years.  The four political group leaders echoed his sentiments.

He announced that Herefordshire had become the first county in the Midlands to achieve Fair Trade status, awarded by the Fair Trade Foundation.

He presented a Renewable Energy Certificate to Councillor P.J. Edwards, Cabinet Member (Environment).  The certificate had been awarded to the Council by npower in recognition of its use of green electricity.

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 Head of Legal and Democratic Services more than six clear working days before the meeting. 

The following question had been received from M Bucknell, J Barton, T Heath and K Worsley, Hereford

"It has come to our notice following the recent Canoe Club planning application that the Hereford and District Angling Association (HDAA) claimed to own riparian rights that will not only affect riverside property owners but also the rights of all citizens to access the River Wye.

Is Hereford Council supporting the HDAA in pursuit of their claim?"

Councillor D.B. Wilcox, Cabinet Member (Highways and Transportation) said that a planning application in respect of a proposal to construct a landing stage in the River Wye close to the Old Wye Bridge had been withdrawn by the British Canoe Union on 30 January 2006 and had not been re-submitted.  Prior to the withdrawal of the application the Planning Services section had received a letter from solicitors acting on behalf of the Hereford & District Angling Association.  This was accompanied by a photocopy of a lease purportedly granted to them by the Church Commissioners and dated 15 December 1999 for a period of 28 years granting a right to fish in the vicinity of the proposed landing stage.

He stated that Council was not in a position to adjudicate either in support of or against any claim which the Hereford & District Angling Association may raise. 

He advised that, separately, the Council is engaged in litigation with the Hereford & District Angling Association, the Church Commissioners for England and others in connection with a variety of issues relating to the River and it would be inappropriate for him to comment further with regard to  those matters currently before the Courts.

To receive any written questions.

Councillors may ask questions of Cabinet Members and Chairmen of Committees so long as a copy of the question is deposited with the Head of Legal and Democratic Services at least 24 hours prior to the meeting.  A list of questions, set out in the order in which they had been received, was circulated at the beginning of the meeting.

Councillor J. Stone asked:

"On Thursday April 20th 2006 a young man was killed in a horrific road accident on the A49 at Ashton.  Does the Cabinet Member for Highways and Transportation welcome the recent report commissioned by the Highways Agency and will he request them to implement the recommendations as a matter of urgency?"

Councillor Wilcox, Cabinet Member (Highways and Transportation)  expressed his sadness at learning of yet another death on the A49 at Ashton.  He said that the Council had informed the Highways Agency many times about the need for improvements at this site to safeguard the public.  He referred to a report commissioned by the Highways Agency which recommended a range of safety improvements at Ashton but said that there was, as yet, still no commitment as to when the full range of improvements would be introduced.  The position remained that the Highways Agency would be considering the recommendations in the report as part of its overall “value management” process and could make no commitment as to when and whether all the recommended actions would be delivered.  He said he would continue to make further representations to the Highways Agency to seek assurances that this work would receive priority attention.

The recommendations included proposals for a 40mph speed limit, a vehicle activated sign, resurfacing and improved signing and lining.  He reported that, despite the lack of a clear decision on these measures,  the Highways Agency had provided some anti-skid surfacing at the site very recently, but sadly too late for the victim of the latest accident.

In response to a further question, Councillor Wilcox said he would continue to press the Highways Authority for a definite timetable for urgent implementation of safety measures.

Councillor D.J. Fleet asked three questions:

A            "Further to my question in March, is the refurbishment of Eign Gate now complete?  Has the anti-stick surface to the paving been applied, and are the promised final total project costings available yet?"

Councillor Wilcox replied that some minor remedial works to the paving at Eign Gate were currently being carried out by the contractor and the protective coating would be laid as soon as those works were finished.   He said that there were some unresolved concerns about the jointing to some of the slabs and, the final costs would not be available until these were resolved. However, there had been no significant change to the costs reported at the last meeting of Council.

In response to a further question, Councillor Wilcox said that the problems had been aggravated by the May Fair, but that he had issued instructions for the area to be thoroughly cleaned.  ...  view the full minutes text for item 11.

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 16th and 30th March and 20th and 27th April, 2006.

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 16th and 30th March and 20th and 27th April, 2006.

In relation to Item 1.1 - Review of the Herefordshire Plan (Community Strategy) - In response to a question about the role of the Hereford and Worcester Fire and Rescue Authority, the Leader agreed that the authority provided essential services not just in emergencies but also in its preventative role and felt that needed to be taken into account in the Community Strategy.  He also agreed to take up the point about failing to reflect the ethnic diversity in Herefordshire in the photographs.

In relation to Item 2.1 - Proposed use of Former Denco Car Park at Holmer Road, Hereford - the Leader agreed with a comment that the £10,000 opportunity cost lost to the Council by making the site available for the provision of a skate park was outweighed by the advantages the park would provide to the young people of Hereford.

In relation to Item 4.1(i) - Consultations on new Strategic Health Authority, Primary Care Trust and Ambulance Service Arrangements - Councillor W.J.S. Thomas, Chairman of the Health Scrutiny Committee, wished to register his satisfaction over the agreed joint response from the Cabinet and the Health Scrutiny Committee supporting a West Midlands Strategic Health Authority, the continuation of an independent Herefordshire Primary Care Trust and a single Ambulance Trust for the West Midlands.

In response to concerns about regionalisation of services, the Leader advised that the Hereford and Worcester Ambulance Service would cease on 1 July 2006, and the Primary Care Trust would be fully operational from 1 April 2007.   He spoke of the deficit in funding being faced nationally in Social Services,  as a result of patients being transferred from PCTs to local councils.  He said that this was something the government would need to address.  He also said that rural areas would have to fight hard to make themselves heard above the demands from the metropolitan authorities who tended to dominate the economic agenda.

In relation to Item 5.1(i) - Joint Area Review - Improvement Plan - In response to a query about school attendance and in particular about excluded children the Leader urged Councillors to approach the Cabinet Member (Children and Young People) or himself if they knew of any cases causing concern.  Councillor Rule, Cabinet Member (Children and Young People) informed Council that the absence figures for pupils in Herefordshire was below the national average and for looked after children well below the national average, but also urged Councillors to contact him direct if they had  concerns about any aspect of pupil behaviour.

In relation to Item 5.1(ii) - Review of the Provision of School Places - In response to a query, Councillor D.W. Rule, MBE advised that special schools would be subject to a separate review, as the issue there was with increasing demand rather than falling rolls.

In relation to Item 6.1(i) Halo  ...  view the full minutes text for item 13.

To receive the report and to consider any recommendations to Council arising from the meeting held on 10th April, 2006.

Councillor T.M. James presented the report of the meeting of the Strategic Monitoring Committee held on 10th April, 2006.

RESOLVED:That the report of the meeting of the Strategic Monitoring Committee held on 10th April, 2006 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 17th February, 10th March and 21st April, 2006.

In the absence of Mr. Robert Rogers, Councillor J.W. Edwards presented the report of the meetings of the Standards Committee held on 17th February and 21st April, 2006 and the Hearing held on 10th March, 2006.

RESOLVED:That the report of the meeting of the Standards Committee held on 17th February and 21st April, 2006 and the Hearing held on 10th March, 2006 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 20th February and 7th April, 2006.

Councillor A.C.R. Chappell presented the report of the meetings of the Audit Committee held on 20th February and 7th April, 2006.

RESOLVED:That the report of the meetings of the Audit Committee held on 20th February and 7th April, 2006 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 28th February and 18th April, 2006.

Councillor R.I. Mathews presented the report of the meetings of the Regulatory Committee held on 28th February and 18th April, 2006

RESOLVED:That the report of the meetings of the Regulatory Committee held on 28th February and 18th April, 2006 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 3rd March and 21st April, 2006.

Councillor T.W. Hunt presented the report of the meetings of the Planning Committee held on 3rd March and 21st April, 2006.

RESOLVED:That the report of the meetings of the Planning Committee held on 3rd March and 21st April, 2006 be received.

To formally receive notice of the resignation of Councillor Mrs. R.F. Lincoln and to note the steps to be followed to fill the resulting casual vacancy in the Kerne Bridge ward.

Council noted the report of the Returning Officer about the arrangements for a by-election in the Kerne Bridge Ward following the resignation of Mrs. R.F. Lincoln.

To receive the report of the meeting of the West Mercia Police Authority held on 21st March, 2006.  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 extraordinary meeting of the West Mercia Police Authority held on 21st March, 2006 to respond to the Home Secretary's proposal to amalgamate the Staffordshire, Warwickshire, West Mercia and West Midlands police areas.  At the meeting it was  unanimously decided to continue to oppose the Home Secretary's plans to force a merger.

The Leader advised that Herefordshire Council, together with Shropshire and Worcestershire County Councils were also opposed to the merger and would be responding to the consultation - that view was endorsed by Council.

One Member suggested that the Parish Councils could be contacted to lend their support to the opposition of the proposals.

The Council paid tribute to Mr Paul Deneen, the Chairman of the West Mercia Police Authority, for his efforts in opposing the merger.

RESOLVED:That the report of the meeting of the West Mercia Police Authority held on 21st March, 2006 be received.

To confirm dates for Council meetings in the year 2006/07 as follows:

Friday, 28th July, 2006

Friday, 10th November, 2006

Friday, 9th February, 2007

Friday, 9th March, 2007 (To set the Council Tax) (Shirehall)

Friday, 27th April 2007

Friday, 25th May, 2007 Annual Council (Shirehall)

All meetings will commence at 10.30 a.m. and will be held in the Council Chamber, Brockington, 35 Hafod Road, Hereford unless advised otherwise.

RESOLVED:  That the dates for Council meetings in 2006/07 be confirmed as follows:

Friday, 28th July, 2006

Friday, 10th November, 2006

Friday, 9th February, 2007

Friday, 9th March, 2007 (To set the Council Tax) (Shirehall)

Friday, 27th April 2007

Friday, 25th May, 2007 Annual Council (Shirehall)

All meetings will commence at 10.30 a.m. and will be held in the Council Chamber, Brockington, 35 Hafod Road, Hereford unless advised otherwise.