Agenda and minutes

Venue: The Shire Hall, St Peters Square, Hereford.

Contact: Sally Cole, Committee Manager Executive  Tel: 01432 260249, e-mail:  scole@herefordshire.gov.uk

Items
No. Item

1.

PRAYERS

Minutes:

The Very Reverend Peter Haynes led the Council in prayer.

2.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

Apologies for absence were received from Councillors: WS Bowen, RBA Burke, SPA Daniels, DW Greenow, MD Lloyd Hayes, DC Taylor and PJ Watts.

3.

DECLARATIONS OF INTEREST

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.

Minutes:

Councillors: WU Attfield and ACR Chappell declared a personal interest as School Governors in Item 2.1 (i) Wyebridge Academy of the supplementary Cabinet report. 

4.

MINUTES

As the meeting of 8 February was adjourned there are no Minutes for signature.

Minutes:

The Chairman announced that as the meeting of 8 February 2008 had been adjourned, there were no Minutes for signature.

5.

CHAIRMAN'S ANNOUNCEMENTS

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

Minutes:

The Chairman announced the death of a member of staff, Jeremy Beavan, who had been killed in a collision on the A40 on 18 February 2008.  Mr Beavan had been based at the Ross Library, working as a Rural Learning Champion within Cultural Services; he had only been employed by the Council since 12 February 2008.   He was survived by his wife Ziming.

 

The Chairman went on to report that both he and Councillor SJ Robertson had successfully completed their sponsored swims in all four of the Halo swimming pools.  They had started at Leominster, had progressed to Ledbury and Ross-On-Wye, and had finished at the Hereford Leisure Pool.  They had successfully raised over £2,000 and he thanked Halo and Councillors and Members of the public for all their support and sponsorship.

 

The Chairman reported that, as a result of the resignation of former Councillor McLean, there would be a by-election for the Old Gore Ward on 10 April 2008.

 

The Chairman reminded Members of the Civic Service on Sunday 9 March at 3.30pm at Hereford Cathedral.  The service would be followed by afternoon tea at the Town Hall. 

 

The Chairman reported that he had received a petition from the Children of Burghill School regarding speed limits around the school.  The petition would now be passed to the Cabinet Member for Children’s Services, Councillor JA Hyde.  He thanked the children for coming to the meeting, and added that he hoped to be able to visit the school soon to see the situation for himself.

6.

QUESTIONS FROM MEMBERS OF THE PUBLIC pdf icon PDF 15 KB

To receive questions from members of the public.

Additional documents:

Minutes:

Question from Mr Keith W Francis, Ledbury, Hereford.

 

As Chairman of Ledbury Civic Society which contributed £5,000 towards the Ledbury Area Development Trust Business Plan for the Master's House, Ledbury, I wish to put the following questions to Herefordshire Council as 'Public Questions for Council' at their meeting on 7th March 2008.

 

'The Master's House in Ledbury is a Herefordshire Council owned building, currently in a poor state of repair, despite being a Grade 2* listed building in the heart of the town. Can the Council confirm that it will commit itself to the full re-development plan for the site, including the building of a new extension to accommodate a new library, as detailed in the Ledbury Area Development Trust Business Plan?

 

Secondly, over what period of time and how will the redevelopment project be funded and will the work commence in the next financial year?

 

ANSWER FROM COUNCILLOR AJM BLACKSHAW, CABINET MEMBER ECONOMIC DEVELOPMENT AND COMMUNITY SERVICES

 

Councillor Blackshaw stated that Herefordshire Council was fully committed to the development of the Master’s House site in Ledbury; in preserving the heritage of the area whilst creating opportunities to improve the access to services. The Council had been fully involved in the development of the Business Plan.  This included consultation with local people and other bodies who were interested in making sure that the site was fully utilised.

 

The next stage was to confirm the detailed costs of the proposals and to secure the finances to deliver the proposals.  Applications for funding had been made to the Rural Regeneration Zone(RRZ) for a multi use facilities grant; other funding routes were being considered. Cabinet had recently agreed to utilise prudential borrowing to create additional capacity in the Council's capital programme.  The Master's House scheme was currently being considered alongside other projects for prioritisation in the capital programme.  As soon as funding had been identified, a timescale for the project would be established.

 

Questions from Mr Roger Steeds, Bringsty

 

School Closures

 

The recent decision by Herefordshire District Council that no secondary school will close during this council (i.e. before May 2011) whilst most welcome is insufficient.

 

Would the Council please make clear with some urgency that no school which dominates a geographical area, by being say at least 10 miles from the nearest similar establishment, should be considered for closure whilst there are clusters of 3 or more schools (Hereford has 6) grouped around its perimeter all within say 15 miles.

 

Such a sensible decision would remove the threat that Herefordshire District Council made by singling out Bromyard’s Queen Elizabeth Humanities College a threat which it has not withdrawn only masked.  It would also prevent the LEA staff wasting time considering unacceptable options if only during this Council.

 

ANSWER FROM COUNCILLOR JA HYDE, CABINET MEMBER CHILDREN’S SERVICES

 

Councillor Hyde reported that other than the technical procedures required to create an Academy, none ofthe 14 High Schools in Herefordshire would close in the life of this administration. The policy of any  ...  view the full minutes text for item 6.

7.

QUESTIONS TO THE CABINET MEMBERS AND CHAIRMEN UNDER STANDING ORDERS

To receive any written questions.

Minutes:

Question from Councillor AT Oliver to the Cabinet Member for Highways and Transportation

 

Within the national policy context Herefordshire Council will be required to

                 

(i)      Provide sustained and increasing investment in improving road conditions; and

 

(ii)     Create better quality bus services and national concessionary travel, with better integrated transport provision.

 

Where within the Medium Term Financial Strategy do we provide the necessary investment and strategy to address these requirements?

 

Answer from Councillor DB Wilcox, Cabinet Member for Highways and Transportation

 

The Councillor stated that the Local Transport Plan 2006/7 - 2010/11 set out the Council’s investment strategy for transport over the medium term. The Council had managed to secure increased funding from Government for the maintenance allocation following successful lobbying for improvements in the formula which determined its level of funding.

 

The Council had also prepared a Supplementary Planning Document on Planning Contributions which would help it legitimately increase the level of funding that it secured through new development to improve the transport network. This would also help improve medium term funding for transport.

 

The Council was currently developing the Herefordshire Transport Asset Management Plan (TAMP) which would help it take a longer term view of how best to invest in the transport network.  It was intended that a final TAMP would be available in May.  It was anticipated that the document would provide an action plan of ongoing improvement in investment in the network.

 

In terms of public transport, the Council continued to invest significant amounts in supporting services and had increased funding to support free bus travel for OAPs. The concessionary fares scheme was likely to cost just under £1.5M for 2007/8 and was predicted to cost £1.7M in 2008/9.

 

Question from Councillor AT Oliver to the Cabinet Member for Resources

 

The Financial Management Strategy states that effective project management of capital schemes to ensure they stay within budget is required to increase capital investment capacity.

 

In the light of the doubling in cost of provision of the new capital market, how may we have confidence this effective management will be achieved, and that major schemes such as the Edgar Street Grid, the Office Accommodation Strategy, and the ICT Strategy Programme, will stay within budget?

 

Answer from Councillor H Bramer, Cabinet Member for Resources

 

Councillor Bramer stated the Council had a policy that required all major projects to be managed in accordance with PRINCE 2 project management principles.  Each major project was supported by an appropriately qualified project manager from the Corporate Programmes and Projects team within the Corporate & Customer Services Directorate.  Adoption of the PRINCE 2 methodology ensured that, amongst other issues, there was strict financial control of projects against the approved budget with exceptions on financial or any other matter being escalated to the appropriate officer or body of the Council for decision in line with the Council’s Constitution.  In addition to formal reports on any major project, Cabinet also received a budget monitoring report on an at least bi-monthly basis which provided information  ...  view the full minutes text for item 7.

8.

NOTICES OF MOTION UNDER STANDING ORDERS

There are no Notices of Motion.

Minutes:

The Chairman reported that there were no notices of motion.

9.

CABINET pdf icon PDF 53 KB

To receive the report and to consider any recommendations to Council arising from the meeting held on 21 February 2008.

Additional documents:

Minutes:

The Council received the Cabinet report and recommendations to Council arising from the meetings held on 21 and the 28 February 2008.

 

The Chairman reported that Council would be asked to debate the Revenue Budget and Council Tax for 2008/09 as part of the Cabinet report and advised Council of the process of the debate.  He stated that once the Leader had proposed the council tax and budget, Members of the Council would be provided with the opportunity to move any amendments.  Once the Council had agreed the Cabinet item, the meeting would move to Item 10 on the Agenda, and would formally set the Council Tax and the Revenue Budget in accordance with legislation.  That was not however, the opportunity for further debate, as it was the necessary formal step that was required to give effect to the resolution on the Cabinet Report.

 

The Leader of the Council presented the report of the Meeting of Cabinet held on 21 February 2008.  He reported that the first two pages consisted of the Draft Financial Strategy and the Draft Revenue Strategy.  These should be considered within the three year rolling strategy.  The Government settlement of three years was to be welcomed, and was a tribute to the lobbying by the Local Government Association.

 

Councillor Bramer, Cabinet Member for Resources, presented the Medium Term Financial Management Strategy (MTFMS) 2008 – 2011.  The document represented a capital and revenue budget for the next three to five years, as well as a Treasury strategy for the next year.  It was noted that it had been commended by the External Auditors, and he commended it to the Council as a positive budget for the County.  An additional £3.5m had been made available for Social Care, £900k of which would be spent within the next financial year.

 

The Comprehensive Spending Review showed how Central Government planned to allocate public spending.  Balancing the Council’s future finances, as well as making sure that they were sustainable, had not been easy.  Efficiency targets for the Council as a whole, as well as individual Directorates, had been set.  Savings of £400k alone had been identified by rationalising photocopiers and printers within the Council, which would allow for further investment in priority areas.  Councillor Bramer went on to say that the clarity of management of balances and reserves was sufficient to provide £4.5m in 2008/09 to cover any variables in the resources model.  This would be monitored throughout the year and adjusted as necessary.  It would mean that the Council would have monies set aside for any unforeseen situations, such as another flooding incident requiring the activating of the Bellwin Scheme.

 

Councillor Bramer went on to say that the Council had received a 2.35% real term increase for the next fiscal year, which was better than had been expected.  However, Hereford Council still received 20% less funding than the average upper tier authorities.  The Council tax rise of 4.4% only represented 1.5% in real terms, and therefore represented value for money  ...  view the full minutes text for item 9.

10.

COUNCIL TAX RESOLUTION 2008/09 pdf icon PDF 27 KB

To set the Council Tax amounts for each category of dwelling in Herefordshire for 2008/09 and to calculate the Council’s budget requirements.

 

Additional documents:

Minutes:

It was unanimously formally RESOLVED:  THAT: 

 

            (1)        In respect of the Council’s 2008/09 budget:

 

(a)        a Council Tax of £1,131.13 be levied (at Band D);

 

(b)       service areas contain expenditure within “cash limits” i.e. outturn budgets with no further allowance for pay or price inflation beyond that already provided;

And

 

(2)       in respect of Council Tax for 2008/09 that the following amounts be approved by the Council for the year 2008/09 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992:

(a)     £323,319,576                being the estimated aggregate expenditure of the Council in accordance with Section 32(2)(a) to (e) of the Act;

(b)     £189,148,000                being the estimated aggregate income of the Council for the items set out in Section 32(3)(a) to (c) of the Act;

(c)     £134,171,576                being the amount by which the aggregate at (a) above exceeds the aggregate at (b) calculated by the Council in accordance with Section 32(4) of the Act, as its total net budget requirement for the year;

(d)     £53,307,413                  being the aggregate of the sums which the Council estimated will be payable for the year into its general fund in respect of redistributed non-domestic rates, revenue support grant, additional grant or relevant special grant, increased by the transfer from the Collection Fund;

(e)     £1,165.62                      being the amount at (c) above less the amount at (d) above all divided by the amount of the Council Tax base calculated by the Council, in accordance with Section 33(1) of the Act, as the basic amount of its Council Tax for the year;

(f)     £ 2,393,176                    being the aggregate amount of all special items referred to in Section 34(1) of the Act;

(g)     £1,131.13                      being the amount at (e) above less the result given by dividing the amount at (f) above by the amount of the Council Tax base calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item relates;

(h)       that the precepting authority details incorporated in Annex 1 (i-v), relating to Special Items, West Mercia Police and Hereford and Worcester Combined Fire Authority be approved in accordance with Sections 30(2), 34(3), 36(1) and Section 40 of the Local Government Finance Act 1992.

 

(3)   Pursuant to the requirements of the Local Government (Functions and Responsibility) (England) Regulations 2000, any decisions on the application of reserves and balances as required from time to time during the financial year be taken by Cabinet.

 

11.

REVIEW OF THE CONSTITUTION IN RESPECT OF FINANCIAL AND CONTRACTUAL PROCEDURES AND QUESTIONS FOR COUNCIL BY COUNCILLORS pdf icon PDF 20 KB

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.  

 

Additional documents:

Minutes:

The Council received a review of the Constitution in respect of financial and contractual procedures and questions for Council by Councillors.

 

In reply to Councillor Toon’s concern over the change of deadline for the submission of questions to Council, the Leader informed Council that the Group Leaders had supported this alteration.  It would provide a better service to Councillors, as Officers and Cabinet Members would have more time to undertake the necessary research to provide appropriate answers to queries.

 

Councillor Edwards reported that the Strategic Monitoring Committee had considered the review at its last meeting, and had endorsed all the points.  It had suggested the addition of item (b), that the Head of Legal & Democratic Services should ensure a thorough revision of the Scheme of Delegation for approval by Council in May 2008

 

Councillor Dawe, Alliance Group Leader, requested that his vote against the recommendations be noted.

 

RESOLVED

            THAT: 

 

a)         the Budget and Policy Framework Procedure Rules, Financial Procedure Rules and Contract Procedure Rules attached to this report be adopted, subject to consideration of any further recommendations from Cabinet, the Audit and Corporate Governance Committee and the Strategic Monitoring Committee;

 

            b)         the Head of Legal & Democratic Services ensures a thorough revision of the Scheme of Delegation for approval by Council in May 2008;

 

            (c)        the Head of Legal & Democratic Services carries out a thorough review of the remainder of the Constitution for approval by Council in July 2008; and

 

d)         the amendments to Part 4 of the Constitution paragraph 4.25.1 Formal Questions from Councillors be approved.