Agenda and minutes

Venue: The Assembly Hall, Shirehall, Hereford.

Contact: Christine Dyer, Democratic Services Manager  Tel: 01432 260222, e-mail:  cdyer@herefordshire.gov.uk

Items
No. Item

The outgoing Chairman, J.W. Edwards took the Chair for the first item.

1.

CHAIRMAN

To elect the Chairman of the Council.

Minutes:

RESOLVED:   That Councillor J Stone be elected Chairman of the Council until the annual meeting of Council in May 2008.

 

Councillor Stone made and signed a declaration of acceptance of office and took the chair for the remainder of the meeting.

2.

PRAYERS

Minutes:

The Very Reverend Peter Haynes led the Council in prayer.

3.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

Apologies were received from Councillors Attfield, RC Hunt, Toon and Vaughan.

4.

DECLARATIONS OF INTEREST

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

Minutes:

Councillor GFM Dawe declared a personal interest in Item 14 of the agenda - Statement of Principles in accordance with Section 349 - Gambling Act 2005.

 

The Chairman announced that, following the election on 3rd May, 2007, all members of the Council had completed and signed notifications of financial and other interests.  He reminded councillors of their obligation, under Standing Order 2.8A.3 to notify the Head of Legal and Democratic Services of any changes in the information within one month of any change occurring.

5.

VICE-CHAIRMAN

To appoint the Vice-Chairman of the Council.

Minutes:

RESOLVED:  That Councillor JB Williams be appointed to the office of Vice-Chairman of the Council until the annual meeting of Council in May 2008.

Councillor Williams made and signed a declaration of acceptance of office.

6.

MINUTES pdf icon PDF 90 KB

To approve and sign the Minutes of the meeting held on 27th April, 2007.

Minutes:

RESOLVED:That the minutes of the meeting held on 27 April 2007 be approved as a correct record and signed by the Chairman.

7.

PERSONS ELECTED AS COUNCILLORS pdf icon PDF 12 KB

(a)               To receive the report of the Returning Officer as to the persons elected on 3rd May, 2007 to serve as Councillors; and

(b)               To note the number of persons so elected who have made their declarations of acceptance of office.

Additional documents:

Minutes:

The Council received a report from the Chief Executive as Returning Officer as to the persons elected on 3 May 2007 to serve as councillors.  He reported that all councillors so elected had made their declarations of acceptance of office.

 

RESOLVED:   That the information be noted.

8.

POLITICAL COMPOSITION OF THE COUNCIL AND FORMATION OF POLITICAL GROUPS pdf icon PDF 20 KB

To receive a report from the Chief Executive setting out the notifications received under Regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990.

Additional documents:

Minutes:

The Chief Executive presented a report setting out the notifications which he had received at the time of the despatch of the agenda under regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990 giving the composition of the political groups.  He confirmed the political composition of the Council as 32 Conservatives, 14 Independents, 10 Liberal Democrats and 2 Labour.

 

RESOLVED:   That the information be noted.

9.

APPOINTMENT OF THE LEADER OF THE COUNCIL

To appoint the Leader of the Council.

Minutes:

RESOLVED:   That Councillor RJ Phillips be appointed the Leader of the Council for the ensuing council year.

 

Councillor Phillips advised that Councillor JP French would be Deputy Leader of the Council and confirmed the names of his other cabinet members, with portfolio titles, which had been circulated at the beginning of the meeting.  He confirmed that any changes to the titles and  remit of scrutiny committees would have to follow the formal procedure laid down in the constitution.

10.

APPOINTMENT TO OFFICES RESERVED TO COUNCIL, ALLOCATION OF SEATS TO POLITICAL GROUPS AND APPOINTMENTS TO COMMITTEES AND OTHER BODIES pdf icon PDF 37 KB

To exercise those powers reserved to Council at its Annual Meeting:

 

(a)               To make appointments to the positions of Chairmen and Vice?Chairmenships of committees and other offices.

(b)        To establish the allocation of seats to political groups based on proportionality as defined by the Local Government and Housing Act 1989 giving effect also to Section 15(5) b of the Act which provides that where the majority of seats on an authority are held by one political group that group shall have a majority on all bodies to which appointments are made. 

(c)        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.

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

 

Please note that the Council may be asked under this item to approve alternative arrangements to strict political proportionality for appointments to Committees and other bodies in accordance with Regulation 20 of the Local Government (Committees and Political Groups) Regulations 1990.

Additional documents:

Minutes:

The Chief Executive presented a report on appointments to offices reserved to Council.

 

A list of those offices to which the Council has powers to appoint, together with nominations was circulated at the beginning of the meeting.  Also circulated was a list of outside bodies to which appointments needed to be made immediately.  The lists are attached at appendices 1 and 2 of these minutes for ease of reference. 

 

He advised that allocation of seats to political groups would be proportionate, and that, where one political group held the majority of seats on the Council, it was entitled to the majority of seats on each of its committees.  In order to continue the existing arrangement of allowing the Chairmen and Vice-Chairmen of the other Scrutiny Committees to sit on the Strategic Monitoring Committee it would be necessary to suspend proportionality.  This would allow the membership of the Strategic Monitoring Committee to be made by Council on a basis which departed from political proportionality.  He advised that any vote on suspension of proportionality would need to be "nem con", that is, no councillor should vote against it.

 

RESOLVED:            (nem con)

 

THAT  (a)        the recommendation to partially suspend the rules of proportionality be approved;

 

(b)Councillors be appointed to the offices contained in Appendix 1 for a term of office which will expire at the next Annual Meeting of Council;

(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;

and

(d)       the arrangements for appointments to outside bodies be noted and appointments made to the Adoption Panel (1 Member), Herefordshire Housing (4 Members), Herefordshire Community Leisure Trust (2 Members). the Hereford and Worcester Fire and Rescue Authority (6 Members), the West Mercia Police Authority (2 Members) and the Joint Committee (1 Member) as listed in Appendix 2.

11.

CHAIRMAN'S ANNOUNCEMENTS

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

Minutes:

The Chairman welcomed Councillors and guests to the Annual Meeting of Council and looked forward to seeing them  in the Town Hall after the meeting.

 

He announced that the restoration of Victoria Bridge, Hereford had won two awards.  It was named the best civil engineering project in the West Midlands for 2007 and was also the Heritage Award winner.  The project team also won a further award for the best presentation and display at the ceremony.

 

There were no petitions.

12.

NOTICES OF MOTION UNDER STANDING ORDERS

To consider any Notices of Motion.

Minutes:

There were no Notices of Motion.

13.

DELEGATION OF LICENSING AUTHORITY FUNCTIONS IN ACCORDANCE WITH SECTION 154 - GAMBLING ACT 2005 pdf icon PDF 18 KB

Council is asked to consider whether it wishes to delegate its function under Section 212 of the Gambling Act 2005.

Minutes:

The Leader called for a suspension of Standing Order 4.31 to allow an amendment to the Constitution.

 

Council considered a delegation in accordance with Section 154 of the Gambling Act 2005 (setting of fees) to the Regulatory Committee.

 

RESOLVED:  

 

That    (a)            Standing Order 4.31 be suspended; and

 

            (b)       the function in respect of the setting of fees be delegated to the Regulatory Committee and the Constitution be amended accordingly.

14.

STATEMENT OF PRINCIPLES IN ACCORDANCE WITH SECTION 349 - GAMBLING ACT 2005 pdf icon PDF 14 KB

Council is asked to consider the attached Statement of Principles under the Gambling Act 2005.

Additional documents:

Minutes:

Council received a report seeking approval of a Statement of Principles in accordance with Section 349 of the Gambling Act 2005.  The Statement of Principles had previously been approved by the Regulatory Committee on 28th November, 2006 but a subsequent change in legislation now required it to be approved by Council.

 

A proposal to amend the statement of principles was not seconded.

 

RESOLVED:            That the Statement of Principles be approved.

15.

DATES OF FUTURE MEETINGS

Dates for Council meetings in the year 2007/08 are as follows:

 

Friday 27 July 2007

Friday 9 November 2007

Friday 8 February 2008

Friday 7 March 2008 (To set the budget and council tax)(Shirehall)

Friday 16 May 2008 (Annual Council) (Shirehall)

 

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

Minutes:

It was noted that the dates determined for Council meetings in the year 2007/08 are:

 

Friday 27 July 2007

Friday 9 November 2007

Friday 8 February 2008

Friday 7 March 2008 (To set the budget and council tax)(Shirehall)

Friday 16 May 2008 (Annual Council) (Shirehall)

 

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