To receive apologies for absence.

Apologies for absence were received from Councillors: RBA Burke,  ME Cooper, H Davies, JA Hyde and NL Vaughan.

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

GUIDANCE ON DECLARING PERSONAL AND PREJUDICIAL INTERESTS AT MEETINGS

The Council’s Members’ Code of Conduct requires Councillors to declare against an Agenda item(s) the nature of an interest and whether the interest is personal or prejudicial.  Councillors have to decide first whether or not they have a personal interest in the matter under discussion.  They will then have to decide whether that personal interest is also prejudicial.

A personal interest is an interest that affects the Councillor more than most other people in the area.  People in the area include those who live, work or have property in the area of the Council.  Councillors will also have a personal interest if their partner, relative or a close friend, or an organisation that they or the member works for, is affected more than other people in the area.  If they do have a personal interest, they must declare it but can stay and take part and vote in the meeting. 

Whether an interest is prejudicial is a matter of judgement for each Councillor.  What Councillors have to do is ask themselves whether a member of the public – if he or she knew all the facts – would think that the Councillor’s interest was so important that their decision would be affected by it.  If a Councillor has a prejudicial interest then they must declare what that interest is and leave the meeting room.

Declarations of interest were made by Members at the Council meeting as Governors to the various schools across the county.

To approve and sign the Minutes of the meeting held on 2 November 2007 and the extraordinary meeting held on 23 November 2007.

RESOLVED:            That the minutes of the meeting held on 2 November and the extraordinary meeting on 23 November 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 former Councillor Phil Turpin who had served on the Council for three years.  Council stood for a minutes silence in remembrance.

The Chairman thanked everyone across the Council who took part in the fund raising for Macmillan and St Michael’s Hospice and for raising £2060.00.

The Chairman congratulated Info in Hereford staff for maintaining their charter mark in info services.

The Chairman announced the sponsored swim that he and Councillor Sally Robertson are to carry out at the four Halo swimming pools across the county.  He stated that he was fund raising for the Macmillan Renton appeal and for two village halls in his area.  He added that Councillor Robertson was fundraising for local good causes.

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.  Several questions have been received and were included in the agenda.  The questions, together with a summary of the responses, are set out below.

1.1       The Council has stated in its summary presentation to Head Teachers on the 10January 2008 that 39 schools should close (slide 7 and 8).

Given the: -

·                    flawed statistical analysis on which the closures are based;

·                    unreasonable and unworkable timescales for both the consultation and the proposed closures;

·                    devastating impact that these closures will have for current and future generations of children in Herefordshire;

·                    detrimental impact that these proposals will have on hard working and committed teaching staff; and

·                    complete absence of any reference to the school closures in the May 2007 Conservative Party election campaign manifesto;

2.1       Has the deadline for implementing changes to primary schools changed (originally September 2009)?  If it has, when is the new deadline and if it has not how can the council possibly totally rebuild their policy in the time available?

Would the Council please stop the current consultation process and commit itself to a more robust assessment of the needs of the children of Herefordshire?

3.1       How will the problem of overcrowding in schools be dealt with while the school rolls reduce to anticipated levels, when school closures go ahead as some undoubtedly will?  How will our children access their playgrounds and playing fields if they are covered with mobile classrooms? 

3.2       Can you please explain how the process of consultation will now move forward?  It has caused further confusion amongst the parents in the county with the proposals being recalled and very little information then available as to what happens now.  

Council Taxpayers, as stake holders in the council, are surely entitled to a clear and concise explanation of how the process will move forward to allay their fears, reducing the further pressure on rural schools as parents re-consider their child’s educational provision again putting the school roll projections further out of date. 

4.1       If Pencombe School is under the 10% threshold for schools under capacitated, why is it under threat of being closed?

4.2       What happens to our Church and Village Hall should the school close i.e. Parent toddler groups, Pantomimes that are held here?

4.3       How do we collect our children from Bredenbury should we experience flooding and snow as on three occasions in the past 12 months I have been unable to drive  ...  view the full minutes text for item 68.

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.

COUNCILLORS QUESTIONS TO COUNCIL – 8 FEBRUARY 2008

1.         Question from Councillor NL Vaughan to the Leader of the Council

Does the Leader and his Cabinet agree that Hereford United Football Club requires the active involvement of Herefordshire Council in terms of its long term future within the Edgar Street Grid?

Answer from Councillor RJ Phillips Leader of the Council

As the owner of the land on which the Edgar Street football stadium is sited, and as the Local Planning Authority, Herefordshire Council is actively involved in discussions with HUFC regarding the long-term future of the club within the ESG site.  The UDP and the ESG Masterplan both show the football stadium remaining where it is but similarly both documents encourage the physical redevelopment of the ground itself.  ESG are committed to the incorporation of the Football Club and the football ground within the wider ESG area as evidenced by the inclusion of the ground in the ESG masterplan.

2.1       Question from Councillor AT Oliver to Cabinet Member Highways and Transportation

(i)         What is the final contracted cost of the Rotherwas access road?

(ii)        What is the estimated cost of the bridge taking the Hoarwithy Road over the access road, and what would have been the cost of a roundabout junction between the access road and Hoarwithy Road?

(iii)       Following on from the publicised announcement of 100 job losses within the Environment Department, would the Cabinet Member state the number of staff dismissed to-date and the annualised saving on staff costs?

(iv)       How many of these staff have been re-employed within the Council and how many have been employed by connected organisations such as Amey Michel?

Answer from Councillor DB Wilcox Cabinet Member Highways and Transportation

(i)               It is not yet possible to provide the final outturn cost of the Rotherwas Access Road project as the main contract is not yet complete on site. Works are currently due to be complete on site in April 2008 and the final account will be agreed as soon as possible after that date.

The total budget for this scheme as outlined in the Advantage West Midlands bid was estimated as £12.01m. This figure was the estimated scheme costs from 06/07 to scheme end (including estimated Part 1 claims which may arise within a year of road opening). There were costs associated with this scheme in earlier years (04 and 05) associated with preliminary design, planning application process and Major  ...  view the full minutes text for item 69.

Councillors MD Lloyd Hayes and GFM Dawe submitted the following notice of motion as a matter of urgency.

“This Council has no confidence in the Cabinet Member for Corporate & Customer Services and Human Resources; we therefore invite her to resign from this position.”

The Chairman will rule whether the motion is urgent.

Councillors TM James and RI Matthews submitted the following notice of motion as a matter of urgency.

“Members of this Council are deeply angered at the recent announcement by senior executive officers and Members of the Council of their ill thought-out and damaging closure and reorganisation plans for schools in Herefordshire.

They are also saddened at the damage that has been done to the public confidence in the local authority, the distress that it has caused to thousands of children, parents, teachers and staff throughout the county, and the consequent disruption to the education of pupils.

They also note that there are no financial grounds for these proposals; Herefordshire is this year receiving its highest local government settlement in real terms per pupil.  Further, they note that many of these schools are the best performing in the county, and that they provide a vital role in sustaining our city, town, village and rural communities.

Council therefore believe that enough damage has been done to the confidence in our education provision in this county, and demand that the Cabinet instruct the education officers within Herefordshire to work within an undertaking that no schools close or are reorganised, other than under Herefordshire Council’s existing small school closure policy.  An undertaking should also be given by the Cabinet that it will not resurrect this damaging policy within the lifetime of this Council.

Members believe that Herefordshire schools will now need a period of stability in order to recover from the damaging way in which this whole subject has been handled.”

The Chairman will rule whether the motion is urgent.

Councillors: MD Lloyd-Hayes and GFM Dawe submitted the first Notice of Motion.

“This Council has no confidence in the Cabinet Member for Corporate, Customer Services and Human Resources; we therefore invite her to resign from this position.”

Councillors: TM James and RI Matthews submitted the second Notice of Motion.

“Members of this Council are deeply angered at the recent announcement by senior executive officers and Members of the Council of their ill thought-out and damaging closure and re-organisation plans for schools in Herefordshire.

They are also saddened at the damage that has been done to the public confidence in the local authority, the distress that it has caused to thousands of children, parents, teachers and staff throughout the county, and the consequent disruption to the education of pupils.

They also note that there are no financial grounds for these proposals; Herefordshire is this year receiving its highest local government settlement in real terms per pupil.  Further, they note that many of these schools are the best performing in the county, and that they provide a vital role in sustaining our city, town, village and rural communities.

Council therefore believe that enough damage has been done to the confidence in our education provision in this county, and demand that the Cabinet instruct the education officers within Herefordshire to work within an undertaking that no schools close or are re-organised, other than under Herefordshire Council’s existing small school closure policy.  An undertaking should also be given by the Cabinet that it will not resurrect this damaging policy within the lifetime of this Council. 

Members believe that Herefordshire schools will now need a period of stability in order to recover from the damaging way in which this whole subject has been handled.”

The first notice of motion proposed by Councillors Lloyd-Hayes and Dawe was deferred until later in the meeting in order for the large number of members of the public to witness the debate on the notice of motion on the schools review.

Councillor TM James spoke on the notice of motion and stated:

• Education in the county received a higher financial settlement than 10 years ago therefore the proposals were not purely about money.
• Aylestone High School and the Bishop of Hereford’s Bluecoat School had reduced their admission numbers.
• Concern at the way the Council proposing to bring about changes, feel trying to get proposals through by stealth.
• Request Members to support the notice of motion. 
• Propose the Council give some respite to the schools but fear some will close because of the manner in which the process had been handled.
• Only two years away from an election, but believe Conservative party policy as well as Labour’s is for large urban schools. 
• Do not believe we should destroy what is great in the county.
• Believe proposals fly in the face of the Herefordshire Plan and the school proposals.

Councillor RI Matthews also spoke on the notice of motion and stated:

·        That the authority had not handled the school review proposals  ...  view the full minutes text for item 70.

To receive the report and minutes and to consider any recommendations to Council arising from the meetings held on 29 November and 13 December 2007 and 24 January 2008.  (Please note the minutes of 24 January are to follow).

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 29 November, 13 December 2007 and 24 January 2008.

In relation to Item 4 Wyebridge College – The Leader stated that the item would be dealt with on the agenda for the 7 March meeting.

RESOLVED:      That the reports from the meetings of Cabinet held on 29 November and 13 December 2007 and 24 January 2008 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 14 December 2007 and 18 January 2008.

Councillor T.W. Hunt presented the report of the meeting of the Planning Committee held on 14 December 2007 and 18 January 2008.

Council requested an amendment to the Local Government Ombudsmen report as it was felt that it did not truly reflect what was said.  It was proposed to take out the words ‘was disappointed about’ and insert ‘would not accept.  Council agreed the change of wording and the amendment was carried.

RESOLVED:   That the report of the meetings of the Planning Committee held on 14 December 2007 and 18 January 2008 be received with the amendment to the Local Government Ombudsman Report as outlined above.

Councillor TW Hunt presented the report on the Planning Obligations Supplementary Planning Document, which sets out the Council’s policy on the use of planning obligations, following statutory public consultation.  

Councillors referred to the report and stated that there would be a number of people wishing to build their own home who would not be able to afford the contribution proposed for a four bedroom home.  Councillors were reminded of discussions held at the Planning Committee meeting on 24 January where Members had requested the fees be scaled down.  It was added that other authorities had thresholds of ten houses or more and asked that Herefordshire’s be set at five and requested that Cabinet review the policy.

Councillor JG Jarvis, Cabinet Member Environment and Strategic Housing, stated the issue had been debated at Cabinet and it was felt that this was the only fair way forward and urged Council not to amend the policy.  He added that there was no reason why when a single house was being erected that a business case could not be put forward for the Section 106 Agreement to be negotiated.  He reminded Council that any funds raised through a 106 agreement would go to the parish council for schemes identified or towards the roads in the parish.

The Leader of the Council reminded Council that the policy related to non-affordable housing issues and that the opportunity to raise funding for the parishes was an important one.  Council was reminded of the benefits that had been brought to Shobdon parish through a 106 Agreement and reminded Members of the need to ensure agreements were fair and consistently monitored. 

Councillor B Hunt seconded the proposal for the policy to be reviewed again.  On a show of hands 11 Members were for, 30 against and three abstained.

RESOLVED

         THAT:

(a)         the Planning Obligations Supplementary Planning Document and associated Sustainability Appraisal be agreed and adopted; and

(b)         appropriate amendments be made to the Planning Committee Scheme of Delegation to Officers and that a Section 106 Monitoring Officer be recruited, following which the Supplementary Planning Document be brought into effect.

To receive the report and to consider any recommendations to Council arising from the meetings held on 19 November 2007 and 21 January 2008.

Councillor PE Edwards presented the report of the meeting of the Strategic Monitoring Committee held on 19 November 2007, 21 January 2008 and the Supplementary report of 31 January 2008.

The Chairman of the Strategic Monitoring Committee referred Council to nine specific recommendations, which had been made accepted by Cabinet.  Council was also referred to the review of IT in education and the Herefordshire Connects Programme.

RESOLVED:   That the report of the meetings of the Strategic Monitoring Committee held on 19 November 2007, 21 January 2008 and the Supplementary report of 31 January 2008 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 18 January 2008.

Mr D Stevens presented the report of the meeting of the Standards Committee held on 18 January 2008.

RESOLVED:   That the report of the meeting of the Standards Committee held on 18 January 2008 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 20 November and 18 December 2007 and 29 January 2008.

Councillor P Jones presented the report of the meeting of the Regulatory Committee held on 20 November and 18 December 2007 and 29 January 2008.

The Chairman of the Regulatory Committee referred Council to paragraph two of the report and advised that there had been considerable alarm from cab drives about their livelihoods and officers concern for the public.  He added that an agreed system was being discussed and was well on the way to a solution picking up on the recommendation on page 78 of the agenda.  Council requested that it be updated on the situation in Commercial Road in relation to the monitoring of the public the number of public houses and clubs in the area and whether the situation had improved or deteriorated.  The Chairman advised that he had not heard from the police stating it had not been successful.

RESOLVED:   That the report of the meetings of the Regulatory Committee held on 20 November and 18 December 2007 and 29 January 2008 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 30 November and 21 December 2007 and 24 January 2008.

Councillor ACR Chappell presented the report of the meeting of the Audit and Corporate Governance Committee held on 30 November and 21 December 2007 and 25 January 2008.

RESOLVED:   That the report of the meetings of the Audit and Corporate Governance Committee held on 30 November and 21 December 2007 and 25 January 2008 be received.

To receive the report of the meeting of the West Mercia Police Authority held on 25 September 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 25 September and 18 December 2007.

Councillor ACR Chappell referred to page 99 of the Council agenda regarding the Community Engagement Strategy and stated that residents in the St Martins and Hinton ward did not have confidence in the Police and there was concern that investigations were not being carried out properly.  It was added that some residents were still awaiting a response from the Police to incidents that had been carried some weeks earlier, which it was felt was unacceptable.  Council was also informed of another incident where it took the Police 45 minutes to respond to a call out.  Councillor Chappell advised that he had written to the Police on the matter in December 2007 and was still awaiting a response to his letter.  Councillor Hunt, as a representative of the Council on the West Mercia Police Authority was requested to provide an answer to the queries by the end of the week. 

Councillor PE Edwards asked why the Police or Community Support Officers were not available after 10.00 pm at night when teenage children were still out on the streets.  Councillor RI Matthews asked how many officers quoted as being deployed locally were.  Councillor Matthews also asked about the opening of Leominster Police Station and the Community Engagement Strategy where he believed it was working well the Council and West Mercia Police particularly in relation to drugs, but did not feel that the issues of partnership working were covered in the reports of the West Mercia Police Authority.

Councillor Hunt responded to Councillor Chappell’s questions and stated they were operational matters which were not within his remit.  He requested that the issues were forwarded to him in writing and he undertook to follow up on the matters.  With regard to recruitment figures he stated that in Herefordshire there had been significant increases in staffing levels.  The authority was now up to establishment levels in the Herefordshire division with 290 officers, 130 civilian staff and 40 Community Support officers.  Councillor Hunt added that he understood the point raised on the partnership and stated that information on consultation was reported back to the authority.  He stated that he would report back to the questioners personally once he had received a full response from the authority on the questions raised.

The Leader of the Council referred to the Police Authority report of 18 December regarding the budget for the forthcoming year and the setting of the precept for Council tax.  He referred to paragraph 11 and the PCCG being phased out and different consultation groups being formed.  The Leader sought assurance that the Police Authority would not do their own thing on community consultation and also sought assurance that the Police Authority had looked at efficiency savings before setting the precept for Council tax.  Council discussed the issues of anti-social behaviour and the PACT (Partners and Communities Together) meetings and also the proposal that the Police  ...  view the full minutes text for item 77.

To receive the report of the meetings of the Hereford & Worcester Fire and Rescue Authority held on 13 December 2007.

Councillor P Jones presented the report of the meetings of the Hereford & Worcester Fire and Rescue Authority which were held on 13 December 2007.

The Chairman stated that the Fire Authority had also set a high percentage precept, but this only worked out at 1p extra per day.  He added that under efficiency savings some jobs were being put as civilian posts.  He stated that an investigation had been done into the fire at Warwickshire as the Hereford and Worcester Fire Authority had been a back up to Warwickshire.  A 1% increase had been provided for the authority and it was noted that Shropshire had received a 6% increase. 

The Leader again referred to partnership working and concern over the reporting back.  He stated that he felt that the minutes from the Fire Authority only gave a flavour of this.  The Chairman responded and stated that partnership working was taken seriously by the Fire Authority.

RESOLVED:   That the report of the meeting of the Hereford & Worcester Fire and Rescue Authority held on 13 December 2007 be received