Canon Andrew Piper, Preceptor of Hereford Cathedral, led the Council in prayer.

To receive apologies for absence.

Apologies were received from Councillors DJ Benjamin, R Mills, JK Swinburne.

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

There were none.

To approve and sign the Minutes of the meeting held on 5 February 2010.

For completeness the record of the named votes list for the Council meeting 13 November 2009 is attached for Members approval.

RESOLVED:            That the minutes of the meeting held on 5 February 2010 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 reported the death of former Councillor Nigel Davies.  The Council stood in silence as a mark of respect.

Councillor Davis started his service as a Hereford and Worcester County Councillor in May 1985 when he was elected to the Dore and Bredwardine Division and served until May 1993.  Councillor Davies was elected to Herefordshire Council in May 2003 and stood down in 2007.  He was a highly regarded local community leader serving in many capacities within his community for many years.  In later years he suffered from ill health but continued his public work and was a true example to all.

Councillor Davies was a very committed Councillor and with his farming background his main interests revolved around rural matters including being a member of the Agriculture Sub Committee whilst serving as a Hereford and Worcester County Councillor and being involved in the Smallholdings Selection Panel during his elected time as a Herefordshire County Councillor.

Members were informed that the meeting would be the last meeting of Council attended by Annie Faulder, the Interim Deputy Chief Executive and Sharon Menghini, the Director of Children’s Services.  Thanks were expressed to both for their services to the Council and the Chairman wished them well in their future ventures.

A petition had been received from Holmer Parish Council Residents regarding improvements and speeding in Attwood Land / Church Way and had been presented to the Chairman from Councillor SJ Robertson.  The petition was presented to the Cabinet Member Highways and Transportation.

To receive questions from members of the public.

Copies of all public questions received by the deadline, with written answers, were distributed prior to the commencement of the meeting.  Supplementary questions were asked by Mr P McKay.  A copy of the public questions and written answers together with the supplementary question and answer are attached to the minutes as Appendix 1.

To receive any written questions from Councillors.

Following a request for the written questions to be made available more than 15 minutes prior to the start of the meeting, the Chairman advised Council that this request would be put to the Constitutional Review Working Group for consideration.

Councillor LO Barnett, Cabinet Member Older People and Adult Social Care has submitted the following Notice of Motion.

PERSONAL CARE AT HOME BILL

“This Council welcomes the general principle of the Governments proposal in the Personal Care at Home Bill to offer free care at home to people with the highest needs, but this Council is dismayed that the Government will only fund a limited part of the costs and expect local authorities to fund the rest (in excess of £250 million if Government figures are correct).  All local authorities will be under increased pressure with the age profile rising, particularly with the increases in dementia cases.  Herefordshire contrasts greatly from the whole of the West Midlands having 4.5% more older people than the West Midlands, and 5% higher than the average for England.  The net average cost of dementia care packages is £17,700 p.a.  This Council asks the Leader to communicate to the Secretary of State our Council’s grave concern of having yet another unfunded mandate imposed on local authorities.”

The Chairman moved urgency on the notice of motion received on The Personal Care at Home Bill which was moved and seconded.

In seeking the support of Council to the notice of motion the Cabinet Member for Adult Social Care, Health and Wellbeing stated that:

• Whilst she fully supported the provision of care to the vulnerable in the community, especially those dealing with chronic or life threatening diseases, there were concerns that the Bill was raising people’s expectations.
• Prominent people had stated that the Bill was flawed and, as it was due to be enacted for October 2010, this would be a difficult situation for the government of the day to deal with.  National politicians needed to be more engaged and aware of the consequences of the Bill’s impact on individuals and local authorities.
• Local Authorities would have to find in excess of a further 4% of savings to deliver such provision of care.
• The county had an increasing aging profile which was significantly higher than both the regional and national averages.
• Home care costs had increased between 2006-2009 by 9%, and costs associated with Learning Disabilities and Residential care by 30%.
• The Council would experience further funding pressures in future years, therefore working in partnership was vital.

In debate Members expressed their support for the motion and specifically raised the following points.

• The Bill should be good news for those people not experiencing good health, however organisations such as Age UK have commented that it would be essential that councils were properly funded to provide care in order that there was not an incentive for local authorities to push older people into care homes or claim that their needs were not critical enough to warrant free care at home.
• As the costs of care provision are unknown, it was unlikely that efficiency savings alone would be able to meet the costs.  It was imperative to adequately fund such support from the start.
• Home care could be provided at a relatively low cost, but only when well resourced and commissioned.
• Examples were given for the costs of home care provision and medication as well as the types of conditions which require prolonged care support (e.g dementia).
• Whilst recognising the implementation of the Bill would have a national impact, due to its demography and sparsely populated area, the effect would be significant for Herefordshire.
• There were many pockets of poverty within the county, with individuals reliant on state provision.  Others who appeared affluent had been hit hard by the economic climate with those in receipt of private pensions having seen their income severely reduced and who now existed on low incomes.
• The experience of Scotland, which had introduced free care provision, was shared with council.  This included a 36% increase in costs within three years from £129million to £257million.  The projections for English local government based on such figures would be from £580 million to £1.73billion in five years.
• The only means by which local government could part  ...  view the full minutes text for item 80.

To receive the Leader’s report.  The report provides an overview of the Executive’s activity since the Council meeting of November 2009.

The Leader of the Council, Councillor RJ Phillips, presented his report which provided an overview of the Executive’s activity since the previous Council meeting held in November 2009.  A correction was provided to paragraph 13 of the report; the figure £650million should have read £280million.

Members were informed by the Leader that the aligned joint corporate property strategy was being used by the Audit Commission as an example of good practice.  Such initiatives not only demonstrated the commitment to the partnership, but were in line with Total Place, which sought to make efficient and effective use of public sector monies.  The West Midlands Leaders Board had agreed to lobby for the West Midlands to be the first region to undertake a Total Place approach.

Responding to questions raised in relation to the Herefordshire and Worcestershire Waste Disposal Contract, the Cabinet Member Environment and Strategic Housing stated that the Council would be underwriting expenditure incurred by Mercia Waste should the proposed development not be successful; such costs would equate to 25% of the total (75% being underwritten by Worcestershire).  Whilst the liability was recognised as a risk it was smaller than other risks identified in the project.  Developing an Energy from Waste plant on Rotherwas, whilst technically a possibility, would not prove as viable due to the amount of waste produced by the county (currently circa 55k tonnes) which would increase the cost per unit.  The Hartlebury site had been considered to be the most appropriate to deal with the collective waste for both counties of around 200k tonnes.  It was acknowledged by the Leader that further debates would need to be held in relation to the energy from waste issue.

The Cabinet Member Economic Development and Community Services, in response to a question posed on the need to urgently address issues of connectivity and the unacceptable levels of ‘not spots’ in the county, emphasised the importance of broadband both economically and socially in growing sustainable communities.  Members were advised that a variety of options and methods which would increase connectivity and capacity were being considered

The Leader informed Council that the Government criterion for the future funding for schools was expected to be published in advance of the pre-election period; the authority (together with other Councils) had been lobbying for the criterion to include the number of children per hectare, however this would not be known until publication of the criterion.

Members acknowledged the quality of the work being undertaken as part of the Local Development Framework consultation and commended the efforts and commitment of the team.  Council Members were thanked for their support and responses to the consultation process.

Responding to a question which sought clarification as to the opportunity given to Hereford City residents to formally consider and sign up to the growth agenda and the deep concerns expressed that decisions relating to the city would be determined by those not living in the city, the Leader outlined some serious underlying issues that needed to be addressed  ...  view the full minutes text for item 81.

FINANCIAL STRATEGY 2010-2013 (INCLUDING BUDGET 2010/11)

Members were reminded that any debate on the Budget and Council Tax would be held during consideration of agenda item 10(a) Financial Strategy 2010-2013 (including Budget 2010/11) and that there would be no further debate under agenda item 10(b) Council Tax Resolution 2010/11.

The three year financial strategy for 2010/2013, which included the 2010/11 budget previously approved at Council on 5 February 2010, was proposed and seconded.

Several Members stated that they would not support the Cabinet’s recommendations, the reasons included:

• Vital information remained lacking (including capital projects, superannuation funds, and seven areas of specific grants) which undermined the budget through omissions and assumptions.
• The MTFS as the framework within which cash resources follow corporate priorities had not appeared to allocate budget to take account of the major consultation on Placeshaping and Local transport Planning.
• In recognising the challenges ahead, many parish councils had increased their precepts in order to progress agreed actions.
• Any increase in council tax would be a strain on household finances; the council should look to deliver additional efficiencies especially as an additional 89-100 staff (costing in excess of £1million) had been recruited in the last year.  Further concerns were raised in relation to capital assets, a reduction in reserves to 50% and proposed borrowing increase to £169million by 2010.
• The proposed council tax rise of 2.54% was still too high; potential sources of savings could be cutting the cost of the cattle market, and rationalisation of buses to faith schools.
• The £6million savings initially proposed from the original connects project would now deliver £1million.  This did not demonstrate good value for money to the public.

Several Members supported the Cabinet’s recommendations and the following statements were made:

• Those Members who would not support the recommendations were challenged as to why no alternative budget had been prepared and proposed.  This course of action had been undertaken during a previous administration.  All Members had the opportunity to discuss alternative costing with officers and Cabinet Members following the February 2010 Council meeting.
• Herefordshire Council was underfunded at a time when service demand and delivery was growing.  Given the situation 2.54% was an acceptable increase when compared with other local and police authorities.
• The proposed council tax of 2.9% considered in February 2010 had been reduced to 2.54%.  No service delivery would be affected and additional funding would be given to services which support the most vulnerable in the community.  This was the lowest council tax rise in the county’s history.
• The budget was balanced and this was confirmed in the signed statutory statement by the Council’s Chief Finance Officer.
• Whilst it was appreciated that difficult times would be ahead, it was essential for the Council to work within a three year strategy.
• It was prudent to review capital programmes, their timescales and project spend to ensure the best outcomes for both the Council and public.
• The borrowing requirements outlined in the budget were sound and were well within the criteria set by  ...  view the full minutes text for item 82.

To seek approval of the revised Sustainable Community Strategy for Herefordshire.

The Leader presented the report on the Sustainable Community Strategy which sought approval of the revised Strategy.

The following points were made by Council:

• The Strategy was central to the Herefordshire Partnership.
• It was important to have common goals with the partner organisations.
• To reduce production costs it was felt a full colour document was unnecessary.  Consideration should also be given to the document availability on line.
• Bullet points on page 123 of the Strategy refer to groups working together.  Members requested clear indications in the Strategy of where groups were working together and evidence of where group working had been successful.
• A Member voiced concern over the percentage of new housing proposed and the effect this might have on the look of the county.
• It was felt the phrase ‘everyone matters’ instead of ‘everyone is someone’ gave a better sense of inclusion.
• Under Healthier Communities the percentage of children classed as obese is quoted.  It was requested that reference should be made to where the information came from and that headteachers should also be informed of these figures.

The Leader emphasised the importance of all partner organisations being committed to the partnership, maintaining targets and partners being held to account if targets were not met in order to improve the quality of life and the economy of the county.

RESOLVED That: the revised Sustainable Community Strategy be approved.

COUNCIL CONSTITITION

Members were requested to note the completion of the Constitution as required by Council at its meeting on 13 November 2009.

The comments raised by Members regarding the contents page and index were noted and would be progressed through the Constitutional Review Working Group (CRWG).  Members were advised that the CRWG continued to meet and were progressing further work.  The dates of future CRWG meetings, once confirmed, would be circulated to all Members for information.

RESOLVED that Council

(a)   Note that Herefordshire Council’s constitution was complete and was publically available on the authority’s website, in libraries and in infoshops.

THE APPROVAL OF THE ANNUAL STATEMENT OF ACCOUNTS

Council was asked to consider and agree the approach for approving the annual statement of accounts.

RESOLVED that Council:

(a)         the function of approving the statement of accounts is delegated to the Audit and Governance Committee to receive, review and approve them before the 30 June statutory deadline;

(b)         following approval from the Audit and Governance Committee the statement of accounts is then referred to the Council for formal receipt and noting; and

(c)         the Assistant Chief Executive Legal and Democratic (Monitoring Officer) be instructed to make appropriate changes to the Constitution to give effect to recommendations (a) and (b) above and publish the amendments.

To receive the report of the meeting of the West Mercia Police Authority held on 15 December 2009.  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 15 December 2009.  Council members were informed of the proposals for change which would reshape the internal organisation of the West Mercia Police to free up more time to focus on issues such as frontline policing.  Shift patterns would be changed to ensure increased police counter cover and the provision of 24 hour police cover in rural areas.  The changes would be monitored closely by the authority’s representatives through the Community Policing Board.  Emphasis was also given to West Mercia being assessed as having good performance in relation to the Policing Pledge.

Councillor B Hunt provided assurance that all police stations in the county would have counter service seven days a week.

Specific praise was offered to the Police by a member for their approach in handling an issue within the ward.

RESOLVED:   That the report of the meeting of the West Mercia Police Authority held on 15 December 2009 be received.

To receive the report of the meeting of the Hereford & Worcester Fire and Rescue Authority held 18 December 2009.

Councillor Brig. P Jones CBE presented the report of the meeting of the Hereford & Worcester Fire and Rescue Authority which was held on 18 December 2009.

Council was additionally informed that:

• Paul Hayden, Chief Fire Officer/Chief Executive had notified the Authority of his intention to retire from the Service on 12 May 2010, and the Appointments Committee had recommended the appointment of Mark Yates to this position.
• The Queen’s Fire Service Medal had been awarded to Paul Hayden in the New Years Honours List
• Hereford & Worcester Fire and Rescue Service was to receive additional funding to help support rescue teams that can deal with major incidents such as extreme weather, building collapses or terrorism. 

Responding to a question asked about the fact that 54 fire crews responding to 999 calls had been delayed in reaching their destinations due to complications with their satellite navigation equipment, and the fact that this information was only made public following a freedom of information request, Councillor Brig. P Jones stated that he would look into the issues and would provide a response.  Members were reminded that the Fire and Rescue service was in the middle of a transition to regional control.

RESOLVED:            That the report of the meeting of the Hereford & Worcester Fire and Rescue Authority which was held on 18 December 2009 be received.