The Very Reverend Michael Tavinor, Dean of Hereford, led the Council in prayer.

To receive apologies for absence.

Apologies for absence were received from Councillors H Bramer, WLS Bowen, SPA Daniels, KG Grumbley, B Hunt, MD Lloyd-Hayes, R Mills, A Seldon, DC Taylor, AM Toon and WJ Walling.

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.

The following declarations of interest were received by Members in respect of items on the meeting’s agenda:

• Councillors SJ Robertson, JD Woodward, AT Oliver and ACR Chappell declared a personal interest in respect of items 9 and 11 as a local authority governors.

• Councillor RI Matthews declared a personal interest in respect of item 9 the notice of motion on smallholdings due to a relative being a tenant in Council accommodation.

• Councillor PJ Edwards declared a prejudicial interest in respect of item 9, the notice of motion on smallholdings due to a close relative being a tenant in Council accommodation.

• Councillor D Greenow declared a prejudicial interest in respect of item 9, the notice of motion on smallholdings.

• Councillor RJ Phillips declared a prejudicial interest in respect of item 9, the notice of motion on smallholdings.

To approve and sign the Minutes of the meeting held on 31 October 2008.

RESOLVED:  That the minutes of the meeting held on 31 October 2008 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 reflected on the severe winter weather that had been recently experienced.  Council was informed that the authority’s own staff and those of Amey had worked around the clock to ensure Herefordshire’s principal routes were kept well gritted and were safe to use, with each gritting run costing around £9,000.  Members were advised that as many as four grittings in a 24 hour period had been required.  The supplies of salt had been most carefully managed during very challenging circumstances on behalf of the Council the Chairman thanked staff and to those of Amey, for a job well done.  He additionally thanked the emergency services for their efforts during the recent weeks, including the work of the hospital and ambulance services.

The Chairman stated that Herefordshire Council was privileged to be among those who welcomed His Royal Highness Prince of Wales and The Duchess of Cornwall to the city of Hereford and Hereford Cathedral on 13 February 2009.  The Prince, in his capacity as Patron of Hereford Cathedral Perpetual Trust, met many of those who had worked hard to bring many worthwhile projects to fruition. 

Members were advised that the Council worked closely with the Trust and the Cathedral in helping to secure funding and support needed for the protection and restoration of our great cathedral and its environment.  The Chairman took the opportunity to recognise the work of Clare Wichbold, Regeneration Coordinator at Herefordshire Council who had been seconded part-time to Hereford Cathedral Perpetual Trust during 2005/6.  She had supported the fundraising for the cathedral and contributed to the Close Project, which culminated in the awarding of a grant of over £4m to the Perpetual Trust in June 2007.

The Chairman was pleased to announce that the Council’s Customer Services team had been successful in maintaining the Charter Mark quality award.  They had also achieved a very positive pre-assessment for the Customer Service Excellence.  The Assessor had been impressed with all the work, progress and achievements made in the past year and was confident that an application for Customer Service Excellence in the coming year would be successful. 

Members were reminded that for a number of years the Council had been working with Herefordshire Group Training Association, finding placements for young people who wished to work whilst continuing with their educational training.  He congratulated Matt Hallett who had originally joined the Land Charges team as a Modern Apprentice and who had won Herefordshire Group Training Association’s “Student Personal Development Award 2008”.  Matt had now been successfully appointed to a substantive post in the Land Charges section. 

Members are reminded that the Civic Service would be held at 3.30pm on Sunday 15 March 2009 at the Cathedral followed by tea being served at the Town Hall.  All Councillors and Members of the Public were invited to attend the service.

The Chairman brought to Members’ attention the change of date for Annual Council from 29 May to 22 May, in order to avoid school holidays. 

The Chairman congratulated Mr David  ...  view the full minutes text for item 25.

To approve the adoption of changes to the Council’s constitution.

Members noted the report which sought their approval to the adoption of changes to the Council’s constitution.

RESOLVED:  That:

(a)         the Council considers and adopts the amendments to paragraphs 12.4.1 and 12.4.4 of the scheme of delegation.

(b)         Council adopts the amendment to the constitution to permit members of the public to ask one supplementary question of Cabinet Members of a Chairman of a Committee at public questions.

To receive questions from members of the public.

Copies of all public questions, received by the deadline, with the written answers were distributed prior to the commencement of the meeting.  The Chairman advised Council that following the Council’s adoption earlier in the meeting of changes to questions from Members of the Public that each Member of the public who had lodged a written question was permitted to ask one supplementary question, should they so wish.  Supplementary questions were asked by Mr McKay, Mr Clay, Mrs Clay and Ms Evans.  A copy of the public questions and written answers together with the supplementary questions and answers are attached as Appendix 1 to the minutes.

To receive any written questions from Councillors.

1.1       Question from Councillor RI Matthews to Councillor JP French, Acting Cabinet Member Resources

1.1       During the past twelve months, extensive internal alterations have been carried out within the Council Headquarters at Brockington, also a new disabled access ramp was constructed.  Could we please be informed how much this work, including any new equipment and furnishings that were required, has cost?

Answer from Councillor JP French, Acting Cabinet Member Resources

1.1      Total cost to the Council in the last 12 months has been £152,076 of which approximately £92,000 was for maintenance and system upgrades and compliance with regulations

1.2       Question from Councillor RI Matthews to Councillor JG Jarvis, Cabinet Member Environment and Strategic Housing.

1.2       Can the Cabinet Member for the Environment and Strategic Housing confirm that Section 106 obligations no longer apply to developers engaged in the construction of Business/Industrial premises on the Council’s industrial estates?  If that is the situation, can he please explain to us why the same conditions do not apply to all commercial developers within the county?

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

1.2Yes I can confirm that I have reviewed the requirement for Section 106 obligations across the County.  In light of current economic circumstances I have recently agreed to suspend the requirement for Section 106 contributions from commercial developers at Leominster Enterprise Park, Rotherwas Business Park and Model Farm in Ross.  In all these cases it has been quite clear that there has already been significant investment in respect of the transport infrastructure requirements on these estates.  This council is currently looking at mechanisms for a suspension, until further notice, of Section 106 requirements on commercial/industrial developments; in the meantime the current policy does allow for exceptions to be made on the basis of an individual business case.

Supplementary question from Councillor RI Matthews

The Member expressed disappointment in the answer provided as he stated that the suspension of Section 106 requirements for commercial development did not provide a level playing field for the domestic construction industry and builders merchants, who, due to the current economic climate were in terrible state at present.  It was requested that the Cabinet Member reconsider the suspension of Section 106’s for housing development.

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

The Cabinet Member stated that he was surprised by the Member’s disappointment and that he had considered the issues in great detail. 

This was an appropriate opportunity to announce that the Council was currently considering the suspension, for twelve months, of Section 106 requirements on business developments (however this would not apply to agricultural developments).

With respect of housing developments the authority was looking into measures which could support the stimulation of the housing industry by giving consideration to development of four or more houses, however it was stated that it was important that planning applications were not banked by developers and that a time constraint of 12 months would be considered for such applications.

1.3  ...  view the full minutes text for item 28.

To consider any Notices of Motion.

Two Notices of Motion were submitted.

NOTICE ONE

Councillors TM James, RI Matthews, SJ Robertson, A Seldon, PJ McCaull, AT Oliver, AM Toon, WU Attfield, and B Hunt submitted the following Notice of Motion as a matter of urgency:

“This Council notes the recent announcement in the advertisement columns of the local press announcing the sale of a substantial part of the smallholdings estate including three farms with sitting tenants.  We also note that a number of other tenants have been given notice to quit or face eviction.

There was a clear undertaking made by the Cabinet Member and officers at a special meeting of the Strategic Monitoring Committee meeting on 10 December that no change in the Council’s policy would be taking place.  On being asked whether there were plans to instigate a policy of selling holdings the Cabinet Member and officers indicated that there was none.

We now know that four days after that meeting letters were sent to tenants informing them that their homes and livelihoods were to be placed on the market to sell to a private landlord.  This having been done without any consultation with Councillors, tenants or the public.  This is clearly seen by the public and agricultural rural community as a major policy change and should have been treated as a key decision, this decision having been made privately by the Cabinet Member and officers should have been subject to full and open debate.

For eighty years the retention of our smallholdings estate has been seen across the political divide as a vitally important part of the economic and social fabric of our County, being the only route available to young working people to enter farming.

Therefore this Council instructs the Cabinet to withdraw the sale of holdings on the Nieuport estate and begin a consultation on the future of our smallholdings in this County.”

The Chairman will rule whether the motion is urgent.

NOTICE TWO

Councillors ACR Chappell, AT Oliver, AM Toon, RI Matthews, JB Williams, AE Gray, TM James, C Bartrum, WJ Walling, PJ McCaull, GA Powell H Davies, A Seldon, WS Bowen, JD Woodward, PJ Edwards, SJ Robertson, SPA Daniels, WU Attfield, DJ Benjamin, AP Taylor, MAF Hubbard and B Hunt submitted the following Notice of Motion as a matter of urgency:

“Based on the evidence collated by the St Martin’s Community Swimming Support Group, the current swimming provision is clearly a compromise which is untenable for all users and providers.

Therefore, we recommend that Herefordshire Council support the St Martins Community Swimming Support Group by committing funds to be made available for the necessary repair works to the St Martins Pool, enabling the pool to re-open in September 2009 to address the needs of the whole community.”

The Chairman will rule whether the motion is urgent.

The Chairman informed Council that two notices of motion had been received, one proposed by Councillor TM James on smallholdings and the another proposed by Councillor ACR Chappell on the LEA Pool, urgency was moved on both items.  The Chairman proposed that the first debate would be on the LEA pool with any discussion relating to this item dealt within the debate and not in any other part of the agenda.

Councillor ARC Chappell had submitted the following Notice of Motion, which was duly seconded.

Based on the evidence collated by the St Martin’s Community Swimming Support Group, the current swimming provision is clearly a compromise which is untenable for all users and providers.

Therefore, we recommend that Herefordshire Council support the St Martin’s Community Swimming Support Group by committing funds to be made available for the necessary repair works to the St Martin’s Pool, enable the pool to re-open in September 2009 to address the needs of the whole community.

Councillor ACR Chappell, speaking for the motion stated that 23 Councillors had signed the notice of motion, including three opposition group leaders and informed Members that several more signatures would have been added to the notice of motion had it been allowed, e.g. PTA, Sports Clubs.  He was pleased to see young people in the chamber who had come to listen to the debate.  The following points were raised by Councillor Chappell as the proposer of the motion:

• The Cabinet had asked that the community get involved in developing plans for any future running of the LEA pool and work had been carried out across the community in the drafting of a report with several meetings having taken place.  Letters in support of reopening the LEA pool had been received, including from an Olympic swimmer.

• Reference was made to the St Martin’s Community Swimming Support Group Report within which concerns were expressed about the current arrangements of school swimming provision in the Hereford leisure pool and which outlined reasons for the reopening of the LEA pool.  Members were informed that Councillor AT Oliver had undertaken detailed work regarding financial projections relating to the re-opening of the LEA pool. 

• The report outlined the problems with the current school swimming arrangements within Hereford leisure pool which included:

·         the sharing of the pool with others (including adults)

·         the negative impact of the leisure pool environment on teaching practices which included reduced teacher/pupil contact both in terms of sight and hearing due to high walls and disparate location of teaching groups. 

·         A 50% decrease in awards achieved since the closure of the LEA pool. 

• He stated that during school time, the responsibility of children lay with teachers and support staff, therefore it was important that the environment within which teachers and staff were required to oversee their charges was appropriate.  Within the current arrangements, safety could not be guaranteed and as there was a high degree of risk, staff should not have to bear the responsibility of the situation.

• Learning to swim was  ...  view the full minutes text for item 29.

To inform Council of the process for reviewing the Council’s constitution.

Members were informed of process for reviewing the Council constitution.

RESOLVED:  That Council notes the process which will support the review of the constitution.

To receive the report and to consider any recommendations to Council arising from the meetings held on 16 October, 20 November, 18 December 2008 and 22 January 2009.

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 16 October, 20 November and 18 December 2008 and 22 January 2009.

In response to a question regarding the Employee Opinion Survey (para 6.5 of page 63) the Leader provided assurance to Council that work to address employee feedback would be undertaken.

RESOLVED:  That the reports from the meetings of Cabinet held on 16 October, 20 November and 18 December 2008 and 22 January 2009.be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 14 November 2008 and 9 January 2009.

Councillor TW Hunt presented the report of the meeting of the Planning Committee held on 14 November 2008 and 9 January 2009.

RESOLVED:That the report of the meeting of the Planning Committee held on 14 November 2008 and 9 January 2009 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 16 January 2009.

Mr David Stevens presented the report of the meeting of the Standards Committee held on 16 January 2009 and recommended that Council consider the Code of Gifts and Hospitality for adoption, which had been appended as appendix 1 of the report. 

Members were informed of the significant increase in the activity of the Standards Committee in recent months and formally recorded his appreciation on behalf of the Committee to the support provided by Officers. 

Responding to a question raised by Councillor RI Matthews regarding minute 75(c) of the Standards Committee meeting of 17 October 2008 and the length of time taken to amend decision notices, Mr Stevens advised him that the question had been previously asked and answered and that he would provide a written response following the meeting.

RESOLVED:That the report of the meeting of the Standards Committee held on 16 January 2009 be received.

                        That the Code on Gifts and Hospitality (appendix 1 of the report) be adopted by Council for inclusion in the Constitution (following rectification of typographical error).

To receive the report and to consider any recommendations to Council arising from the meetings held on 19 November and 10 December 2008.

Councillor PJ Edwards presented the report of the meetings of the Strategic Monitoring Committee held on 19 November and 10 December 2008.  Council were informed of the recent reviews carried out and that an external healthcheck had been undertaken of the scrutiny function.  He expressed his thanks to all Members and Officers who had been involved in the scrutiny reviews.

RESOLVED:That the report of the meetings of the Strategic Monitoring Committee held on 19 November and 10 December 2008 be received.

Councillor GFM Dawe left the meeting.

To receive the report and to consider any recommendations to Council arising from the meetings held on 4 November and 2 December 2008 and 6 January 2009.

Councillor Brig P Jones presented the report of the meeting of the Regulatory Committee held on 4 November and 2 December 2008 and 6 January 2009.

RESOLVED:That the report of the meetings of the Regulatory Committee held on 4 November and 2 December 2008 and 6 January 2009 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 21 November 2008 and 23 January 2009.

Councillor RH Smith presented the report of the meeting of the Audit and Corporate Governance Committee held on 21 November 2008 and 23 January 2009.

RESOLVED:That the report of the meetings of the Audit and Corporate Governance Committee held on 21 November 2008 and 23 January 2009 be received.

To receive the report of the meetings of the West Mercia Police Authority held on 23 September and 16 December 2008.

Councillor RH Smith presented the report of the West Mercia Police Authority, which was held on 16 December 2008.  Members attention was drawn to the policing pledge, the aims and priorities for the Authority for the years 2009-2012 and the new non-emergency helpline telephone number – 0300 333 3000.

RESOLVED:   That the report of the meeting of the West Mercia Police Authority which was held on 16 December 2008 be agreed.

To receive the report of the meetings of the Hereford & Worcester Fire and Rescue Authority held on 19 December 2008.

Councillor Brig. P Jones CBE presented the report of the meeting of the Hereford & Worcester Fire and Rescue Authority which were held on 19 December 2008.  Council was informed that the following a recent Audit Commission inspection, the Authority has been rated in the top three Fire and Rescue Authorities in the country, which had been achieved due to much effort on the part of all involved.

RESOLVED:That the report of the meetings of the Hereford & Worcester Fire and Rescue Authority which were held on 19 December 2008 be received.