In the absence of the Dean of Hereford, the Very Reverend Peter Haynes led the Council in prayer.  The Council remembered John Arnett  who had died recently.  Mr. Arnett was a former Councillor with the Herefordshire County Council and the Hereford and Worcester County Council as well as being a long serving member for Bromyard.  Prayers were also said for Councillors J.G.S. Guthrie and P.G. Turpin who were too ill to attend the meeting.

To receive apologies for absence.

Apologies were received from Councillors R.B.A. Burke, P.J. Dauncey, J.G.S. Guthrie and P.G. Turpin.

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

The following declarations of interest were made:

The Chairman, Councillor J.W. Edwards, declared a prejudicial interest in those items that related to polytunnels: the Cabinet Report Item 8.1 (iii); the Strategic Monitoring Report, paragraph 17; and the Standards Committee Report, paragraph 10.

Councillor R.J. Phillips declared a personal interest in Item 5.1(i) of the Cabinet Report - Brilley CE Primary School.

Having sought the advice of the Chief Executive, Councillor Mrs. M.D. Lloyd-Hayes declared a prejudicial interest in Item 8.2(i) of the Cabinet Report - Outcome of Settlement Negotiations in Connection with High Court Proceedings Relating to the River Wye.

In response to a query the Chief Executive advised that all Members of Hereford City Council should declare a prejudicial interest in Item 6.1(i) of the Cabinet Report - Withdrawal of Hereford City Council Support for Grounds Maintenance and its Impact on the Parks Service and withdraw from the Council Chamber in the event of any discussion on the item.

To approve and sign the Minutes of the meeting held on 9th March, 2007.

RESOLVED:  That the minutes of the meeting held on 9th March, 2007 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 Youth Council Elections had taken place in April and that a total of 25 youth councillors now represent the views of young people in Herefordshire.

He bade a formal farewell to the Director of Children Services, Mrs. Sue Fiennes and the Director of Environment, Mr. Graham Dunhill both of whom were retiring, and welcomed Ms Sharon Menghini and Mr. Michael Hainge to the posts of Director of Children's Services and Environment respectively.

He went on to thank the Chief Executive, Directors and staff for their hard work over the past four years and the Dean and the Very Reverend Peter Haynes for guiding the Council meetings.

He congratulated Councillor Mrs Barnett on her return, uncontested, as ward councillor for Mortimer.

He bade farewell to those Councillors who had decided not to stand again:  Councillors Mark Cunningham, Peter Dauncey, Nigel Davies, Joyce Davis, John Guthrie, Peter Harling, Robert Manning, Charles Mayson, John Newman, Don Rule, Liz Taylor, John Thomas and Phil Turpin.  In particular he referred to the exceptional length of public service given by Peter Harling, John Newman, Don Rule and John Thomas.

The Group Leaders also paid tribute to those members who were retiring.

Finally the Chairman thanked all the other members who were standing for re-election and wished them well in their campaigns.  He hoped that he would see many of them at the next Council meeting which was to be held in the Shirehall on 25 May, 2007.

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.  A number of questions had been received and were included in the agenda.  The questions, together with a summary of the responses, are set out below:

Questions from M and K Bucknell, Hereford

"The Council recently announced the giving away of a valuable public asset - namely the rights to the River Wye in the centre of Hereford.  When appraising this decision

(a)       What monetary valuation was reached for this stretch of the River?

(b)       How did the Council reach this valuation?

(c)        What additional factors did the Council factor in on the expenditure and loss of income?"

Councillor D.B. Wilcox, Cabinet Member (Highways and Transportation) said that the Council had not given away any public assets in connection with the River Wye.  There had been competing claims made by parties to High Court litigation in connection with rights over a stretch of the River Wye roughly situated between the Old Wye Bridge and the Victoria Footbridge.  Upon taking senior Counsel's opinion, it was felt that the outcome of litigation was uncertain and could have been hugely costly.  A compromise was reached and the Council accepted the Church Commissioners' claims in return for the grant of both mooring rights at Corporation Wharf and fishing rights for citizens under the age of 18 free of charge.  The Council has agreed to pay one peppercorn per annum in respect of securing these rights.

Questions from M and K Bucknell, Hereford

"When walking through Castle Green on a summer's evening, we are aware that there are two distinct groups of young people.  Firstly, the groups of young people who are sitting on the green, smoking, drinking alcohol; some of whom who get noisier throughout the evening. Secondly the group of similar aged teenagers who are learning river safety and kayaking skills at the Castle Green Canoe Training Centre.

What facilities, north of the river do the Council offer to the young people of the city of Hereford?

What plans, if any, do the Council have for the maintenance and development of facilities for the youth and future generations of young people of Hereford, particularly north of the River?

We understand that all Council buildings, including the Canoe Training Centre, are going to be sold by the Council. Why is the Council selling an excellent and unique facility with access to well trained and qualified staff who can work with our young people?

The Council has a duty of care to young people, so why is the Council reluctant to invest in facilities for them? Lack of investment is resulting in bored youngsters, using drugs and alcohol,  ...  view the full minutes text for item 91.

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.  Councillors may also, at the discretion of the Chairman, ask one additional question on the same topic.  The questions and a summary of the answers are set out below.

Questions from Councillor A.C.R. Chappell

"Can the Cabinet Member explain the tendering process recently undertaken by the Council for the stabilising of headstones in Council owned cemeteries?  How many stonemasons tendered for the work and was the successful tender the least expensive?

£140 per headstone has been given as the successful tender.  Is the Cabinet Member aware that at least two private quotes have been obtained from one stonemason in Hereford quoting £84 for the safe stabilising of one headstone.

Does he agree that with over 6000 headstones to be stabilised in Council owned cemeteries, some of whose owners will not be traced, that the council tax payer appears to be overcharged by some £56 for this service?

In the light of this will the Cabinet Member review the tendering process and ensure that the council tax payer gets value for money."

Councillor P.J. Edwards, Cabinet Member (Environment) confirmed that, when memorial testing began it had been decided that there would be benefits in securing the services of a monumental mason to undertake repair work at a fixed standard price. 

This meant that monumental masons did not have to quote each time they undertook a repair; families, including those who do not live in Herefordshire, were able to secure the services of a mason easily, at a guaranteed price; and the Council would effectively organise the repair.  The Council did not receive any payment from this service.

All monumental masons on the Council's registered list were asked to provide a quote on refixing a standard memorial. Four  replied and the quotes varied between £120 and £350 - the companies were asked to tender for a standard price to repair a standard lawn memorial. The price of the chosen contractor was not the lowest, it was £20 more expensive than the cheapest quote submitted, but the mason chosen was the one that provided the best specification and thereby reduced the risks of there being any further long-term issues with the safety of re-fixed memorials.

The Memorial Safety Programme started in a part of the cemetery where the headstones were of almost identical construction.  This is because, on the initial risk assessment, the headstones in this area consistently showed higher levels of failure than other parts of the cemetery.  Because of the circumstances in this part of the cemetery it has been relatively straightforward to commission a mason to provide a fixed standard price 

The Council has facilitated a number of repairs  ...  view the full minutes text for item 92.

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 22nd March and 12th April, 2007.

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 22nd March and 12th April, 2007.

In relation to Item 3.2 - Connexions Transition Plan and Commissioning Arrangements - In response to a query the Cabinet Member (Children and Young People) confirmed that a location for the meetings had not yet been decided.

In relation to Item 4.1(i) - Gender Equality Scheme - In response to a request that female councillors should not have their title (Mrs. Ms or Miss) included on the nameplates, the Leader agreed that this would be looked at again following the election.

In relation to Item 4.1(iv) - Election Costs - In response to a query the Chief Executive advised that, in his role of Returning Officer, he would be unable to answer specific questions about the elections at the Council meeting, other than questions related to the item in the report, as it could be seen to be giving undue advantage to those Councillors who were seeking re-election.  He did, however, confirm that, as Returning Officer, he would be held personally responsible for any costs associated with a successful legal challenge to the election.  He said he would be willing to answer questions from individual candidates, both those who were serving Councillors or not, outside the meeting.  A number of Councillors commented on the late despatch of postal votes and errors on the ballot papers.

In response to a question on the allocation of election costs he advised that the Council had consulted with the Herefordshire Association of Local Councils on the costs, and it was a request for some late revisions to the proposals that meant it had not been possible to inform parish councils sooner.  He went on the say that the Council have been advising parish councils for some time, to make provision in their annual precept for elections which were normally held every four years, but many of them still did not do this.

In relation to Item 8.2(i) - Outcome of Settlement Negotiations in Connection with High Court Proceedings Relating to the River Wye - In response to a query, Councillor D.B. Wilcox, Cabinet Member (Highways and Transportation) said that the Council had agreed to pay £30,000 towards the legal costs of the Church Commissions, following advice that the Council would be unlikely to win should the case proceed.  He confirmed that the agreement would have no effect on the accessibility of Corporation Wharf.  It would be up to the new administration to decide whether it wished to improve the access.  He confirmed that the Angling Association controlled the fishing rights for those over the age of 18.

The Leader reminded Council that, with the exception of the advice of Counsel, all the reports and discussions on this matter were open to the public.

Councillor Mrs. M.D. Lloyd-Hayes, having previously declared a prejudicial interest in this item, left the chamber for the duration of the discussion.

In relation to Item 10.2(iii)  ...  view the full minutes text for item 94.

To receive the report and to consider any recommendations to Council arising from the meetings held on 12th February, 9th March and 13th April, 2007.

Mr. Robert Rogers presented the report of the meetings of the Standards Committee held on 12th February, 9th March and 13th April, 2007.  In doing so, he drew attention to the Committee's Annual Report which had been very well received both locally and at a national level.  He felt Herefordshire had demonstrated a very high level of ethical standards.

He thanked Miss Heather Donaldson, Democratic Services Officer and her colleagues for arranging to publish the papers for the Committee on the Council's website.

RESOLVED:That the report of the meetings of the Standards Committee held on 12th February, 9th March and 13th April, 2007 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 30th March, 2007.

Councillor T.M. James presented the report of the meeting of the Strategic Monitoring Committee held on 30th March, 2007.

Councillor W.J.S. Thomas, Chairman of the Health Scrutiny Committee paid tribute to the officers involved in the work of his scrutiny committee, in particular:  Sara Siliko, Jenny Goldsbury and Tim Brown.  He warned that the Council would need to respond to the challenge of new legislation and the resultant strain on the resources of the Scrutiny officers.

Councillor James thanked the members of the Strategic Monitoring Committee and those officers who had supported the scrutiny function.  In particular he mentioned the contribution of Tim Brown, Committee Manager (Scrutiny) for his stoicism, diplomacy, extraordinary knowledge and support.

RESOLVED:That the report of the meeting of the Strategic Monitoring Committee held on 30th March, 2007 be received.

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

(a)       2nd March and

(b)       20th April, 2007. (Report to follow)

Councillor T.W. Hunt presented the reports of the meetings of the Planning Committee held on 2nd March and 20th April, 2007.

He thanked the staff involved in the planning committee process for their hard work and professionalism .

RESOLVED:That the reports of the meetings of the Planning Committee held on 2nd March and 20th April, 2007 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 20th March and 10th April, 2007.

Councillor R.I. Mathews presented the report of the meetings of the Regulatory Committee held on 20th March and 10th April, 2007.

One member welcomed the introduction of pedicabs to Hereford city centre and asked if waiting taxi drivers could be persuaded to switch off their engines while waiting for fares.

Councillor Matthews thanked the members of the committee and the staff who supported them for their work over the past few years.

RESOLVED:That the report of the meetings of the Regulatory Committee held on 20th March and 10th April, 2007 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 13th April, 2007.

Councillor A.C.R. Chappell presented the report of the meeting of the Audit and Corporate Governance Committee held on 13th April, 2007. 

He thanked Mrs. Sonia Rees, the Director of Resources, Mr. Tony Ford, Audit Services Manager and the other officers involved with the committee.

RESOLVED:That the report of the meeting of the Audit and Corporate Governance Committee held on 13th April, 2007 be received.