The Very Reverend Peter Haynes led the Council in prayer.

To receive apologies for absence.

Apologies for absence were received from Councillors: PA Andrews, SPA Daniels, MAF Hubbard, P Jones CBE, MD Lloyd-Hayes, A Seldon. RH Smith and JB Williams.

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

Councillors: WU Attfield and ACR Chappell declared a personal interest as School Governors in Item 5.1 (ii) Wyebridge Academy of the Cabinet report.  Councillor PJ Edwards declared a personal interest in Item 8 Notice of Motion as chairman of Strategic Monitoring Committee.

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

RESOLVED:   That the minutes of the meeting held on 27 July 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 reminded Council of the loss of two former Councillors, John Guthrie in September and Basil Baldwin in October 2007.  Council stood for a minutes silence in remembrance.

The Chairman welcomed back Councillor Roger Hunt who had been absent with ill health and reminded Members of the Civic Service, which is to be held on Sunday 9 March 2008 at the Cathedral followed by afternoon tea at the Town Hall.

Congratulations were expressed to a former member of staff Mike Jones, who worked in the Highways and Transportation department, on his recent retirement after completing over 41 years service in local government.

Congratulations also went to Nigel Thomas from the Emergency Planning department of the Council who won the Business Continuity ‘Student of the Year 2007’ award out of 1,200 eligible students.  Nigel won three days BCI approved training at the Cotswold Conference Centre worth approximately £4,000.

The Chairman advised Council that he wrote to the Fire and Rescue Authority and the Police Authority thanking them for the work they did in keeping the county moving during the floods in July 2007.

The Chairman received a petition from Miss Rigby MBE of Wormelow relating to traffic problems in Wormelow Village, which he handed to the Cabinet Member (Highways and Transportation).

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.  One question had been received and was included in the agenda.  The question, together with a summary of the response, is set out below:

Question from CJ Grover, Bromyard, Hereford.

At the Cabinet meeting of 14 December 2006 an Action Plan for Bromyard Downs was approved and the results of this action plan were to be presented to the Cabinet in April 2007.  It was the Bromyard Downs User Groups’ written representations to the Council in May and October 2006 that the Downs were being mismanaged by Brockhampton Group Parish Council that caused this consultation paper to be prepared.  Despite the User Group being the main participants they were not included in the list of consultees, however this omission was verbally corrected at the meeting.  At no time since the Cabinet meeting of 14 December has the Council contacted the User Group about the Action Plan apart from a non-committal response in the spring to a request for information.  It is apparent that nothing has happened which is an unusual situation since approval for the Action Plan was a decision of the Cabinet made 11 months ago.  Will the Council give an explanation at the meeting today for the lack of action and give an assurance they will resolve the situation within three months?

Answer from the Head of Legal and Democratic Services

The Council have sought Counsels advice, a reviewed scheme is being drafted and it is anticipated that this will be available for consultation by March 2008 to all interested parties.

At this point the meeting was interrupted at 10.45 am and resumed at 11.10 am. 

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.

Question from Councillor A Gray

What is the Cabinet Member doing about the acute shortage of Affordable homes in the County and given its importance why was this Monday’s seminar on the subject cancelled?

When will this Council consider releasing some of its own land for such housing to reduce risk of Social landlords attempting to build on Allotments and public open spaces?

Answer from Councillor JG Jarvis, Cabinet Member (Environment and Strategic Housing)

The recently adopted Unitary Plan sets out a target for affordable homes provision of 2,300 affordable homes over the plan period 1996 – 2011 (15 years). The UDP contains policies to assist the delivery of affordable housing including a requirement for 35% affordable housing to be delivered on sites over set thresholds (35% on sites of 6 or more dwellings in rural areas and Kington Market Town and sites of 15 or more dwellings in Hereford and the remaining Market Towns)

We know that in the period leading up to the adoption of the plan, the affordability gap has widened, increasing the numbers of people who are unable to afford to access affordable housing, whether through outright purchase, shared ownership or for rent. This means that there is an emergent need to provide more affordable housing in now and in forthcoming years. Furthermore, although 2006/07 has seen an overall increase in the number of new build affordable homes completed this remains below the rate required to meet the UDP target.

In delivery terms, there is clear evidence that more affordable housing is emerging through the use of planning policies set out in the Unitary Development Plan, policies that will be enhanced and strengthened in the emergent Local Development Framework. Annual monitoring over the remainder of the plan period will review this situation.

Looking to the future, the preparation of the Local Development Framework (LDF) will be an opportunity to review the effectiveness of the UDP affordable housing policies.  This will need to take into account the Regional Spatial Strategy Phase 2 Revision housing policies, including an indicative minimum target of 800 affordable houses per annum up to 2026 to be provided in Shropshire and Herefordshire – likely to equate to around 300 homes p.a. for Herefordshire itself, significantly more than currently being provided.  The issue for the county as a whole will be how to ensure delivery of these targets when currently only about half of all applications for housing fall above the current UDP thresholds for affordable  ...  view the full minutes text for item 40.

Councillor A.M. Toon has submitted the following notice of motion as a matter of urgency:

“That the process applied and decision making in the recruitment of the new Chief Executive is flawed and that the matter be put into the hands of the Strategic Monitoring Committee for this administration to demonstrate clearly and transparently that this Council ensured the best means of securing the most applications for this position, that the process was fair and equitable to all candidates, that adequate and consistent information was made available to those Councillors making decisions and the reasons why inadequate notice was provided for Councillors to meet with candidates.”

The Chairman will rule whether the motion is urgent.

Councillor Am Toon had submitted the following Notice of Motion.

That the process applied and decision making in the recruitment of the new Chief Executive is flawed and that the matter be put into the hands of the Strategic Monitoring Committee for this administration to demonstrate clearly and transparently that this Council ensured the best means of securing the most applications for this position, that the process was fair and equitable to all candidates, that adequate and consistent information was made available to those Councillors making decisions and the reasons why inadequate notice was provided for Councillors to meet with candidates.

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

At this point the Chief Executive declared an interest in the outcome of the Notice of Motion and left the meeting.

Councillor Toon stated that the concern was over the recruitment process and not the individual concerned.  She referred to the late notice that Councillors and stakeholder groups received on the timetable for Members to meet with the candidates and thereby refer any concerns a Member had back to the recruitment panel.  It was felt that the process seemed unduly weighted towards the Primary Care Trust (PCT) even though the successful candidate was to be Chief Executive and Head of Paid Service for the Council.  It was felt that the brief, the selection and the short listing processes for the post were not completely clear or robust enough and therefore, not fair and equitable to all candidates. 

The Head of Legal and Democratic Services outlined to Members the process carried out through the professional consultants engaged by the Council and the PCT to determine the best candidate for the post.  Council discussed the feasibility of having a dual Chief Executive for the Council and the PCT and concern was voiced over the process including the use of panel members who did not have a political mandate.  Members wanted reassurance that the process had been carried out correctly and would not be subject to possible legal challenge in the future.  The Leader reiterated to Council the process that had been carried out and stated that he believed it would stand up to any possible challenge. 

A vote was taken on the Notice of Motion with 9 Members for the Motion and 34 against.  The Motion was lost.  The Chief Executive rejoined the meeting.

To receive the report and to consider any recommendations to Council arising from the meetings held on 16th August, 6th and 20th September and 11th October, 2007.

The Leader of the Council, Councillor RJ Phillips, presented the report of the meetings of Cabinet held on 16 August, 6 and 20 September, 11 October and the Supplementary Report of 25 October 2007.

In relation to Item 2.1 Appropriate access to Rotherwas Ribbon Archaeological Site paragraph 4 – Reference was made to the Leader’s undertaking to request a special meeting of Council.

In relation to Item 4.1 (i) - Public Service Trust Progress for Herefordshire – In response to a question on the appointment of the joint Chief Executive the Leader reminded Council that it was a clear decision of Cabinet to look at working in partnership with the PCT.  If the Council did not move towards this joint role there was the clear possibility that Herefordshire would not have its own individual Council or PCT.

In relation to Item 11.1 (i) Adult Social Care Fairer Charging – A question was asked regarding the closure of Elmhurst Residential Home.  The Cabinet Member (Social Care Adults and Health) advised that it would be investigated and that Members would be advised as soon as possible.

RESOLVED:  That the reports from the meetings of Cabinet held on 16 August, 6 and 20 September and 11 October and the Supplementary Report of the 25 October 2007 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 24th August and 28th September, 2007.

Councillor T.W. Hunt presented the report of the meetings of the Planning Committee held on 24 August and 28 September 2007.

Councillor Hunt apologised to Council for the inaccuracy on the number of site visits.  A question was raised on the number of planning applications agreed contrary to planning officers’ advice.  The Chairman of the Planning Committee noted the concerns.  Thanks was expressed by Councillor Pemberton on behalf of Tarrington Village for the work and support of officers in compiling the Parish Plan.

RESOLVED:   That the report of the meeting of the Planning Committee held on 24 August and 28 September be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 19th October, 2007.  (Report to follow).

Mr R Rogers presented the report of the meeting of the Standards Committee held on 19 October 2007.

Council congratulated the Committee on the sharing of their documents such as the Annual Report, the chairing checklist and hearing guide at the Annual Assembly of Standards Committees where the documents were being replicated by other authorities.

RESOLVED:   That the report of the meeting of the Standards Committee held on 19 October 2007 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 17th September and 25th October, 2007.

Councillor PJ Edwards presented the report of the meetings of the Strategic Monitoring Committee held on 17 September and 25 October 2007.

The Chairman of the Strategic Monitoring Committee drew Council’s attention to a number of items in the report such as the Committees involvement in the Annual Report for the Development Plan and Action Plan and the redevelopment of the Local Area Agreement.  The Chairman thanked officers for their work in the scrutiny process.

RESOLVED:   That the report of the meetings of the Strategic Monitoring Committee held on 17 September and 25 October 2007 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 31st July, 28th August and 23rd October, 2007.

Councillor P Jones CBE presented the report of the meetings of the Regulatory Committee held on 31 July, 28 August and 23 October 2007.

RESOLVED:   That the report of the meetings of the Regulatory Committee held on 31 July, 28 August and 23 October 2007 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 21st September and 19th October, 2007.

Councillor ACR Chappell presented the report of the meetings of the Audit and Corporate Governance Committee held on 21 September and 19 October 2007.

RESOLVED:   That the report of the meetings of the Audit and Corporate Governance Committee held on 21 September and 19 October 2007 be received.

To consider the appointment of the Chief Executive.

The Head of Legal and Democratic Services outlined the basis of the report to Council and advised that the Council would host the Chief Executive post.

At this point the Chief Executive declared a personal interest in the item and left the meeting.

Councillor WJ Walling advised Council that he had had the opportunity to speak with four candidates and formally moved that the offer for the post of Chief Executive be withheld and the post readvertised.  Councillor AT Oliver seconded the motion.  The motion was lost with 9 for and 34 against the motion.

Council discussed the appointment of the Chief Executive and the Head of Legal and Democratic Services reminded Members that the appointment was for a Chief Executive and Head of Paid Service for the Council with a Service Level Agreement to work for the Primary Care Trust.  Some Members felt there was an element of confusion with regards to the involvement of the PCT in the appointment of the Head of Paid Service for the Council.

A Member requested that an indication be given to Council as to the voting of the panel for the appointment.  Council was advised that there were five panel members with four approving the appointment, therefore a majority agreement.

Council voted on the recommendation with 34 for the appointment, 4 against and 10 abstentions.

RESOLVED    That it be approved that Mr Christopher Bull be appointed as Chief Executive and Head of Paid Service.

The Chief Executive rejoined the meeting.

To progress elements of the action plan in response to the Special Investigation Report on Financial Governance dated 21st September, 2007 which required amendments to the Constitution. 

The Head of Legal and Democratic Services advised Council that the report on the review of the Council’s Constitution had been drawn up in light of the Special Report by the Director of Resources in relation to contractual arrangements, financial procedure rules, policy framework and budget rules and the Scheme of Delegation to Officers.  He added that the report was significant in terms of how the organisation would approve contracts in the future.

RESOLVED

THAT:         (a)    the Council accept the principle of improving controls and formally refers the recommendations to the Constitutional Review Working Group, Audit and Corporate Governance Committee and the Standards Committee;

(b)        the proposals be further reviewed to take account of any recommendations of the Independent Report; and

(c)         a seminar for all Members be held prior to the proposals being returned to Council for adoption.

To approve the amendment to Appendix 19 of the Constitution.

The Head of Legal and Democratic Services presented the report outlining the appointment of Members to Cabinet, outside bodies and the Committees of the Council following the May 2007 elections.

RESOLVED    That Appendix 19 of the Council’s Constitution, Membership of Committees and Other Bodies, be approved.

To approve the Standards Committee’s revisions of the Protocols on Member/Officer Relations and Use of Resources and the Planning Code for Members and Officers.

The Chairman of the Standards Committee, Mr Robert Rogers, presented the report to Council stating that the aim of the review was to make the revision of the codes and protocols consistent with the new Code of Conduct adopted by the Council in July 2007.  He added that the protocols on Member Officer Relations and the protocol on the Use of Resources were unaffected with the main changes relating to Planning Matters.

RESOLVED    That the revisions to the Codes and Protocols, as recommended by the Standards Committee, be approved.

To receive the report of the meetings of the Hereford & Worcester Fire and Rescue Authority held on

Councillor P Jones CBE presented the report of the meeting of the Hereford & Worcester Fire and Rescue Authority held on 27 September 2007.

RESOLVED:            That the report of the meeting of the Hereford & Worcester Fire and Rescue Authority held on 27 September 2007 be received.