The Very Reverend Peter Haynes led the Council in prayer.

To receive apologies for absence.

Apologies were received from Councillors Attfield, Bartrum, Daniels, RC Hunt, McLean, and AP Taylor.

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

Councillor AE Gray declared an interest in Item 6.1 (ii) of the Cabinet report, Commission for Social Care Inspection Report on Services for People with Learning Disabilities and the Council’s Action Plan.

Councillors DB Wilcox and RJ Phillips declared an interest in Item 1.1 of the Cabinet report, Youth Justice Plan.

To approve and sign the Minutes of the meeting held on 25th May 2007.

The Chairman drew Council's attention to Appendices 1 and 2 of the Council Minutes, which had been omitted from the agenda.

RESOLVED:   That the minutes of the meeting held on 25th May, 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 acknowledged the amount of interest that had been generated by the archaeological find of the Rotherwas Ribbon during the construction of the Rotherwas Relief Road.  He noted the number of members of the public in attendance for the item, the interest in the number of questions put by Members and the public and the Notice of Motion submitted by Councillor MD Lloyd-Hayes relating to the item.

He reminded Council that public questions were limited to 25 minutes and stated that the Cabinet Member (Environment and Strategic Housing) would read a statement relating to public questions on the archaeological find and then answer Members’ questions individually.  He announced that he would not be permitting supplementary questions under paragraph 4.25.2 of the Council’s Constitution, as Members would be able to debate the Notice of Motion under the main agenda item, Minute number 23.

The Chairman referred to flooding that had been experienced in the County following the heavy rainfall on Friday, 20th July, through to the 24th July and stated that a number of people had been adversely affected by the flooding.  He extended the thanks of the Council to all staff who assisted over that weekend, with special thanks to St Johns Ambulance, the voluntary sector and Halo.

The Chairman announced the retirement of Mrs. Jean Wood who had been secretarial assistant to both the Chairman and Leader of the Council since 1998. 

Finally, the Chairman announced that the Council meeting scheduled for the 9th November,2007 would be changing to the 2nd November, due to a clash with the annual meeting of Advantage West Midlands and the Regional Development Agency.

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 Head of Legal and Democratic Services more than six clear working days before the meeting.  A number of question s 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 Wilson, Lugwardine, Hereford

“Why does the local Standards Committee not follow the Standards Board for England’s procedures when carrying out a local investigation?  Viz issuing the investigating officers report in draft so that misunderstandings, misinterpretations, error of fact and bias can be corrected before the report is presented to the Committee?

Having had errors reported to them, why does the Committee use a report containing all the above errors as the basis for the findings?

What appeal procedures are available to challenge the procedures of the Monitoring Officer and the local Standards Committee in carrying out local investigations into alleged breaches of the Code of Conduct, when the Director and Chief Executive decline to use the Council’s complaints procedure and the Standards Board for England have washed their hands of the matter in passing it to the Monitoring Officer?”

Answer from Mr Robert Rogers Independent Chairman of the Standards Committee

With permission, Chairman, I will answer these three questions together as they are closely related.  I say questions, but they are more in the nature of allegations, regrettably intemperately phrased.

The questioner made seven complaints against Members of Herefordshire Council; all seven were referred by the Standards Board for England for local investigation, and then were subject to local determination by the Committee which I chair.

The fact that these matters have been considered by the Committee means that it would be wholly improper for me to revisit the evidence and the decisions in public.  But I can comment upon the procedures followed.

The questioner alleges that the Committee did not follow the procedures recommended by the Standards Board for England.  This is unfounded.  We have now determined 13 cases locally, and in every one the SBE’s procedures for local investigation and local determination, as appropriate, have been followed exactly.

The Monitoring Officer, not the Committee, appoints the investigating officer (who must not be an adviser to the Committee).  Under the SBE’s procedures, it is for the investigating officer to decide whether or not to issue a draft report before a final report goes to the Committee.  But when the Committee considers the final report, it must analyse the evidence and take a view on all the interpretations and deductions made by the investigating officer.  This is what we did in these seven cases, carefully considering some 700 pages of evidence in all.  We were fully aware of the evidence upon which the allegations  ...  view the full minutes text for item 21.

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 summary of the answers are set out below.

Questions from Councillor ACR Chappell

“Will the Cabinet Member (Economic Development and Strategic Housing):

a)            make his findings public with regard to the Rotherwas Ribbon?

b)            invite interested parties to investigate other sites immediate to the Rotherwas Ribbon site?

c)            if English Heritage and other expert authorities agree that any new finds of the ‘Ribbon’ are worth preserving for tourism, will he tell me how many visits from the public would make a new tourist centre for the ‘Rotherwas Ribbon’ financially viable for rate payers money to be used for such a project?

d)           give me a categorical assurance that any greater vehicle movements along Holme Lacy Road/Hoarwithy Road/Ross Road as a result of the discovery of the ‘Ribbon’ will in no way increase congestion on this road, and if he cannot, will he build an alternative route to any new tourist attraction?”

Answers from Councillor A Blackshaw, Cabinet Member (Economic Development and Community Services)

a)      He had visited the site with representatives of the Herefordshire Tourism Sector and it was their conclusion that the site offered little potential as a major tourism attraction in itself.  He believed there might be some merit in producing interpretive material for display at Hereford Museum and for exploring the possibility of a local viewing point of the find.  An insert from the Visit Herefordshire is attached for information.  This article was written following a visit by a Director of Tourism West Midlands and a Director of Visit Herefordshire.

b)      In respect of the tourism potential of other sites immediate to the Rotherwas Ribbon site, interested parties are encouraged to provide their views on that matter.

c)      As already mentioned it is not believed that the remains provide the opportunity to develop a significant as a tourism attraction.  If however, there was a decision to try to provide a tourism centre for the Rotherwas Ribbon its financial viability would depend upon the charging regime that was put in place for the facility.  It is not envisaged that the attraction will be capable of attracting visitors who would be prepared to pay significant amounts to visit a facility.  On this basis it is anticipated that a financially viable tourism attraction might require as many as 1 million visitors per annum to make it stack up financially.

d)      A categorical assurance cannot be given that a visitor attraction would not generate greater vehicle movements.  It is anticipated that if a tourism attraction were to be developed it would  ...  view the full minutes text for item 22.

Councillor Mrs. M.D. Lloyd-Hayes has submitted the following notice of motion:

This Council resolves to ensure that no irreversible action be taken that would prejudice the potential for appropriate access to this major archaeological site.

That this Council suspend the building of the Rotherwas Relief Road in the area of the archaeological find and land adjacent to it, in order to undertake an independent, external snd exhaustive enquiry and report back to Council.

The findings to be made available to all members to consider and vote on at the 9th November meeting of Council. The report be made available to members and the public at least 21 days prior to the same council meeting.

The Chairman will rule on whether the matter is urgent.

Councillor MD Lloyd-Hayes had submitted the following Notice of Motion.

This Council resolves to ensure that no irreversible action be taken that would prejudice the potential for appropriate access to this major archaeological site.

That this Council suspend the building of the Rotherwas Relief Road in the area of the archaeological find and land adjacent to it, in order to undertake an independent, external and exhaustive enquiry and report back to Council. 

The findings to be made available to all Members to consider and vote on at the 9th November meeting of Council.  The report be made available to Members and the public at least 21 days prior to the same Council meeting.

The Chairman moved to urgency and that Motion was duly seconded. 

Councillor Lloyd-Hayes read out a statement on the possible significance of the discovery of the Rotherwas Ribbon and its possible potential as a tourist attraction, although agreed that funding for it could be expensive.  She requested that there was more public involvement and debate on the issue.

Councillor Jarvis, Cabinet Member (Environment and Strategic Housing) stated that he agreed with a lot of the points put forward, but did not believe the Notice of Motion as it stood would fit in with the Council’s constitution and proposed an amendment.  The Leader of the Council seconded the amendment.

In relation to a query regarding the original Notice of Motion and possible inconsistencies with the Council’s Constitution, the Head of Legal and Democratic Services pointed out to Council that the functions in the later part of the Motion were executive functions for Cabinet and not ones that the Council had power over.

Proposed Amended Motion:

1                    The Council resolves to ensure that no irreversible action be taken that would prejudice the preservation or the potential for access, if appropriate, to what as currently advised is a site of archaeological importance.

2                    That Council notes that work on the construction of the Rotherwas Relief Road in that area is currently suspended (NB some works are being undertaken to protect the site) and that Cabinet be asked to address the issue of the appropriate approach to completion of the Rotherwas Relief Road in the context of the advice to be received from English Heritage as to the best method of preserving the archaeological remains.

3                    Council requests Cabinet to address the issue of the financial consequences of the delay to date on the Rotherwas Relief Road, as part of the fuller considerations, and to quantify the financial impact of further delays and make recommendations to Council as to how those issues might be addressed within the Council’s budget.

4                    That Council be invited to note that any decision made by Cabinet on this issue would be a key decision within the Constitution and will therefore be liable to call-in for scrutiny.  If Scrutiny express any significant concerns about the action proposed by Cabinet, which action will only be taken on the advice of English Heritage, and Cabinet is minded to  ...  view the full minutes text for item 23.

To receive the report and to consider any recommendations to Council arising from the meetings held on 7th June, 21st June, and 12th July, 2007.

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 21st June, and 12th July, 2007.

In relation to Item 4.1(i) – Herefordshire Connects – In response to question as to whether the Herefordshire Connect Programme was on course, the Cabinet Member (Corporate and Customer Services and Human Resources) advised that some savings had been made in the programme and these savings would be put into the contingency fund for next year.  The Cabinet Member referred Members to the answer provided for the Herefordshire Connects question.

In relation to Item 5.1(iv) – Pay and Workforce Development Strategy – Councillor AM Toon commended the Human Resources department on the commitment to provide an overarching structure and Investors in People.

In relation to Item 8.1(i) – Final Revenue and Capital Outturn 2006/07 – in response to a query on the overspend in the capital budget for schools the Leader advised the over spend had been on projects.

In relation to Item 10.1(i) – Local Development Framework Core Strategy – Councillor PJ Edwards pointed out that the timetable for consulting with Members had been reported to Cabinet on 12th July.

In relation to Item 9.1(ii) – Children and Young People’s Plan Annual Review 2007 and Annual Performance Assessment – Councillor SJ Robertson noted the evidence of improvement and asked that staff be thanked for their hard work.  In response the Cabinet Member (Children Services) advised that the improvement in staffing levels was significant and to be welcomed and the situation would continue to be monitored.

RESOLVED:  That the reports from the meetings of Cabinet held on 21st June, and 12th July, 2007 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 13th June and 16th July, 2007.

Councillor P.J. Edwards presented the report of the meeting of the Strategic Monitoring Committee held on 13th June, and 16th July, 2007.  He drew Council’s attention to paragraphs 4, 6 and 9 of the report relating to the corporate risk register, pressures on budgets and the pay and workforce development strategy in relation to attaining the Investors in People Standard to help support continuous performance.

RESOLVED:That the report of the meeting of the Strategic Monitoring Committee held on 13th June, and 16th July, 2007 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 13th June, 3rd July, and 11th July, 2007.

Councillor P. Jones CBE, presented the report of the meeting of the Regulatory Committee held on 13th June and 3rd and 11th July, 2007.

RESOLVED:That the report of the meeting of the Regulatory Committee held on 13th June and 3rd and 11th July, 2007 be received.

To consider whether to resolve not to issue casino premises licences in accordance with section 166 of the Gambling Act 2006.

Councillor P. Jones CBE, presented the report on the Casino Premises Licences in Accordance with Section 166 – Gambling Act 2005 and asked Council to support him in passing a resolution not to issue any casino premises licences.

RESOLVED:That the Council, under Section 166 of the Gambling Act 2005 do not issue any casino premises licences.

To receive the report and to consider any recommendations to Council arising from the meeting held on 29th June, 2007.

Councillor A.C.R. Chappell presented the report of the meeting of the Audit and Corporate Governance Committee held on 29th June, 2007.  Councillor Chappell drew Council’s attention to paragraph 9 of the report on telephone usage, which forms part of the current cost savings review being carried out and added that mobile phone usage and contracts were being looked into along with costs for postage.

RESOLVED:That the report of the meeting of the Audit and Corporate Governance Committee held on 29th June, 2007 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 11th May, and 6th July, 2007.

Mr Robert Rogers presented the report of the meeting of the Standards Committee held on 11th May and 6th July, 2007.

RESOLVED:That the report of the meeting of the Standards Committee held on 11th May and 6th July 2007 be received.

To consider the report of the Standards Committee regarding the adoption of the revised code of conduct required under the Local Authorities (Model Code of Conduct) Order 2007.

Mr. Robert Rogers presented the report of the Standards Committee on the revised code of conduct for Members.  He stated that the Committee had looked at the practical implications and felt that it was an improvement on the previous code.  He added that it was now possible for Members who might have a prejudicial interest to make a representation at a Committee, which they were unable to do so before.

RESOLVED:That Council adopt the revised Code of Conduct and the additions to the revised Code of Conduct as set out in the report.

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

Councillor T.W. Hunt presented the report of the meeting of the Planning Committee held on 13th July, 2007.

RESOLVED:That the report of the meeting of the Planning Committee held on 13th July 2007 be received.

To receive the report of the meeting of the West Mercia Police Authority held on 12th June 2007. 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 12th June, 2007.  Councillor Hunt welcomed Councillor K Grumbley as a new Member and drew Council’s attention to paragraph 36 of the report regarding the 40th anniversary of the formation of West Mercia Police Authority and West Mercia Constabulary.  He outlined that there would be a series of events to celebrate the 40th anniversary.  In answer to a query on crime reduction figures Members’ attention was drawn to pages 110 – 115 of the report for the total number of crimes reported.  He added that the number of police officers was at an all time high and the number of Community Support Officers was also increasing.

Councillor JP French paid tribute to PC Richard Gray who had died on 6th May, 2007 in the line of duty whilst responding to a firearms incident at Shrewsbury.

RESOLVED:That the report of the meeting of the West Mercia Police Authority held on 12th June, 2007 be received.

To receive the report of the meeting of the Hereford & Worcester Fire and Rescue Authority held on 11th June, 2007.

Councillor P. Jones CBE, presented the report of the meetings of the Hereford & Worcester Fire and Rescue Authority which were held on 11th June, 2007.  He said that it had been a very busy time for the Fire and Rescue Authority with the extensive flooding in Hereford and Worcester.  He added that in addition to the flooding problems the authority had had to face, it was also responsible for the inland waterways across the country.  In addition to the flooding across the two counties the authority had also had to deal with a serious fire.

The Chairman agreed to send a letter on behalf of the Council to the Chief Fire Officer to thank them for their professionalism and efforts during the floods.

The Leader of the Council also congratulated Councillor Jones CBE, on his recent election to Chairman of the Regional Fire and Rescue Authority.

RESOLVED:That the report of the meetings of the Hereford & Worcester Fire and Rescue Authority which were held on 11th June, 2007 be received.