To receive the report and to consider any recommendations to Council arising from the meetings held on 17th November and 15th December, 2005 and 12th and 26th January, 2006.

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 17th November and 15th December, 2005 and 12th and 26th January, 2006.

In relation to Item 1.1 - Review of the Constitution - In response to a query the Leader confirmed that Councillor Mayson, as Cabinet Member (Rural Regeneration and Strategy) would be responsible for all Markets within Herefordshire, including Hereford Livestock Market.  If this was not sufficiently clear in the redrafting then the necessary drafting amendments would be made under delegated powers.

In response to a request for the re-instatement of Programme Panels to allow  Members a voice when issues relating to their wards were being considered, the Leader advised that best practice indicated a developing role for Members in scrutiny committees rather than the re-introduction of Programme Panels.  This also reflected how other local authorities were operating.

In relation to Item 3.1 - Bargates Air Quality Management Area - In response to concerns about the timescale for improvements, the additional traffic likely to be generated from the additional homes to be built at Baron's Cross and the effect this would have on the health of local residents and on their property values, Councillor P.J. Edwards, Cabinet Member (Environment) advised that the proposals for improvements would be the subject of public consultation.  The timing would be closely related to other planned development and improvement in the area.  The junction at Bargates would be improved to increase the flow of traffic, reduce the impact of any additional traffic volume and improve air quality.  He said he understood the Local Members' frustration but stated there was no intention of putting an additional bypass in place around Leominster.  Local Members would be invited to participate in the consultation exercise.

In relation to Item 4.1(iii) - Hereford City Council Service Level Agreement with Herefordshire Council - In response to a query the Leader confirmed that an assessment had not yet been made of the impact any changes to the SLA would have on the services provided in the City.

In response to a number of questions about the provision of a skate park on the Denco car park site the Leader advised that there was still a considerable amount of work to be done before a final decision would be made.  Outstanding issues include responsibility for management of the site and responsibility for health and safety.  Several members called for a quick decision and further talks with interested parties.

In relation to Item 4.1(iv) - Police Restructuring in England and Wales - A number of concerns were raised about the impending restructuring: including the consultation which was considered inadequate, the cost and who would pay, the effect on service delivery and whether West Mercia Police Authority could be dissolved without the agreement of the constituent Councils.  The Leader confirmed that, with the consent of the other political groups, he would write to the Home Secretary expressing the Council's concerns about the proposed restructuring.  He would also work with the other local authorities involved.

In relation to Item 4.2(i) - Comprehensive Performance Assessment:  Corporate Assessment and Joint Area Review - In response to a number of comments and concerns about the Council's assessment, particularly with regard to "staying safe" the Leader agreed that the matter was serious, but  was being addressed through an improvement plan which would seek to provide sufficient capacity and finance to deliver an appropriate level of service.  Councillor D.W. Rule, MBE, Cabinet Member (Children and Young People) advised that officers would be looking again at the thresholds for identifying vulnerable children, which would provide the necessary reassurance that no child was overlooked.  He praised the work of those responsible for the care of "looked-after" children and agreed that addressing the shortage of staff would be a major factor in improving the service for these and other vulnerable children.

Councillor Mrs. J.P. French, Cabinet Member (Corporate and Customer Services and Human Resources) acknowledged that it was difficult to recruit experienced social workers who seemed to prefer to work for County Councils, rather than rural Unitary authorities.  She said the Council must look at how to make the best use of the existing experienced staff and train junior staff to develop the requisite skills.  She advised that changes to working practices, including the introduction of front and back office staff would help to improve the service.

Councillor T.M. James, Chairman of the Strategic Monitoring Committee, said that prior to the inspection Members had been unaware of the scale of the problems relating to recruitment and retention of staff and urged Council to identify sufficient funding to ensure that the proposed improvements can be implemented.

In relation to Item 4.2(iii) - Proposals for 2006/07 Capital Programme - In response to a query the Leader confirmed that the Council would be carrying out a programme of improvement to buildings to comply with the Disability Discrimination Act.  The work was scheduled over a number of years because of the large number of premises the Council was responsible for.

With regard to the funding for a replacement school at Hunderton, Councillor Rule, the Cabinet Member (Children and Young People) confirmed that the Council had been unsuccessful in its two bids for government funding. 

In relation to Item 5.1(i) - Youth Matters - Green Paper - In response to a number of comments about involving young people in decisions which affected their lives and in particular provision of leisure facilities and access to transport, the Leader reminded Council of the forthcoming elections for a Youth Council which would give young people a greater say in decision making.  He said that the Council had a duty to provide facilities for the whole community and access to transport and leisure facilities were big issues for everyone, not just young people, in a rural county like Herefordshire.  The Council had a history of forming partnerships with other organisations to help deliver such services.

In relation to Item 7.1(i) - Implementing Electronic Government 5 Return - In response to a question about provision of IT in schools, Councillor Mrs. French, Cabinet Member (Corporate and Customer Services and Human Resources) advised that officers continued to work with schools to resolve issues which were generally to do with information security. 

Council noted that, although the Council's website was rated, technically, as the best local authority website in the country, some of the information was out of date.

Councillor French agreed that staff should be trained to receive compliments and complaints, particularly from those who had difficulty or were unable to read or write and proposed that this be done through staff briefings.

Councillor J.W. Edwards, having declared a prejudicial interest in the following item vacated the Chair and left the Council Chamber while the item was discussed

Councillor J. Stone assumed the Chair.

In relation to Item 8.1(i) Update on the Operation of the Herefordshire Code of Practice for the Temporary Agricultural Use of Polytunnels - In response to a number of comments about the operation of the voluntary code, Mr. Kevin O'Keefe, the Legal Practice Manager, advised that it would be premature for the Council to take account of a recent decision in Surrey, which was still subject to appeal, and could be varied, revoked, or confirmed.  He confirmed that he was closely monitoring the situation as part of the ongoing review process.  Council noted that it was important to balance the sometimes conflicting demands of agriculture and tourism.

Councillor Edwards returned to the Chamber and resumed the Chair.

In relation to Item 8.1(iv) - Herefordshire 'Unitary Development Plan (UDP): Inspector's Report - in response to a query about the lack of Labour and Liberal Democrat members on the Unitary Development Working Group, the Leader advised that the Working Group would advise Cabinet on the Planning Inspector's recommendations.  Councillor P.J. Edwards, Cabinet Member (Environment) said that the Working Group's first meeting would take place in early March and that details of the Inspector's draft report would be released to all Local Members and the public as soon as it was received.

In relation to Item 9.1(i) - Concessionary Fares Scheme - Councillor D.B. Wilcox, Cabinet Member (Highways and Transportation) confirmed that the concessions applied to all those over the age of 60 and the disabled.  Although the Government's proposals recommended that the scheme should operate between 9.30 am and 11.00 pm  this restriction would not apply in Herefordshire.

In relation to Item 9.1(ii) - Widemarsh Street Hereford - Review of Experimental Pedestrianisation - In response to a request that the street be re-opened to traffic at 5.30 pm rather than 4.30 pm, Councillor Wilcox, Cabinet Member (Highways and Transportation) reported that there was on ongoing survey of traffic to assist in deciding the best time to re-open the street.  He said he had had no formal request from the Police to vary the 4.30 pm opening.

In response to a request that the city centre car parks be changed from "pay and display" to "pay on exit", he said this would be unlikely to happen because it would require staff to be on site to deal with any breakdown in equipment, with the associated additional costs of employment.

He did not agree that the pedestrianisation of Widemarsh Street was having an adverse effect on Broad Street and King Street, but confirmed that the proposed changes to the access at West Street would make it easier for coaches and lorries to negotiate the turning.

In response to a query about increased traffic on the Edgar Street Roundabout, he confirmed that the traffic lights at the roundabout, and on the approach roads, would be reprogrammed to improve the traffic flow.

He acknowledge the assistance provided by the Community Services Scrutiny Committee through its consultation with the public.  He said that, although it would be impossible to please everyone, he felt that the majority of those consulted, apart from the taxi drivers and the Cathedral, were in favour of the  scheme.  Councillor A.C.R. Chappell, Chairman of the Community Services Scrutiny Committee regretted the negativity that he had experienced from some of those consulted.  He cited previous occasions when various parts of the city had been pedestrianised with no apparent loss of income to the city.  He suggested that the local and regional press be approached to publicise the additional benefits pedestianisation will bring to shoppers and visitors.

In relation to Item 12.1(iii) - Herefordshire Housing Post Transfer Improvement Programme - Councillor Mrs. M.D. Lloyd-Hayes advised that, as the Housing Corporation would be carrying out an inspection of Herefordshire Housing Limited, the Adult Social Care and Strategic Housing Scrutiny Committee did not feel it needed to be included in its workplan.

RESOLVED:  That the reports from the meetings of Cabinet held on 17th November and 15th December, 2005 and 12th and 26th January, 2006 be received and the recommendations set out below be adopted:

That    (a)        the duties previously assigned to the County Treasurer (including Section 151 Officer) be re-assigned to the Director of Resources;

(b)              the duties previously assigned to the County Secretary and Solicitor (including Monitoring Officer) be re-assigned to the Head of Legal and Democratic Services;

(c)        Cabinet Member portfolios be revised so that the Cabinet Member (Community Services) takes responsibility for Common Land (including Council-owned Commons and determination of any complaints about the management of the Council's Commons) and Public Rights of Way; the Cabinet Member (Children Services) takes responsibility for Youth Services (but see para (d)); and that the Cabinet Member (Resources) takes responsibility for Housing Benefit;

(d) the Children's Services portfolio be renamed Children and Young People to reflect its enhanced role;

(e)         in the case of unexpected vacancies arising in Cabinet the Leader be authorised to re-assign responsibilities within the Cabinet, until such time as the Council has an opportunity to review the situation or to appoint a Cabinet Member to the vacant post;

(f)           SO 6.2.2.1 - Terms of Reference for Cabinet be amended to include responsibility for Risk Management;

(g)         the following words be added to S.O. 2.11 of the Constitution  "There are additional rights of access to documents for Members of overview and scrutiny committees as set out in Regulation 18 of the Local Authorities (Executive Arrangements)(Access to Information)(England) Regulations 2000."

(h) Councillors' rights to inspect documents and proposals set out at Appendix 4 of the report be endorsed;

(i) the rules relating to the co-ordinating role of the Strategic Monitoring Committee be revised as set out in Appendix 5 of the report;

(j) the Independent Remuneration Panel at its next scheduled meeting in September 2006 considers whether the post of Chairman of the Audit Committee should be entitled to a Special Responsibility Allowance;

(k) Appendix 4 - Financial Regulations, paragraph 6.2 be amended to include "Where the signature is printed on the cheque by a Council system, the signature will be that of the Director of Resources.";

(l) Appendix 23 - Allocation of Miscellaneous Functions be revised to correct typographical errors at items 14 and 31;

(m) a revised Appendix 6 Appointment and Discipline of Employees (attached) be approved; and

(n) the Political Group Leaders be asked to consider what changes they might wish to make to the membership of the Constitutional Review Working Group to ensure that political proportionality across the Council is more closely reflected, and subject thereto, the Chief Executive be authorised to implement the appointments notified by the four Political Group Leaders.

For the avoidance of doubt Council was also asked to confirm that the Cabinet portfolio for Cabinet Member (Rural Regeneration and Strategy) be revised under delegated powers to make it clear beyond doubt that the portfolio holder was to take responsibility for all Markets within the County.