Minutes of the Town Council meeting held on Monday 3rd October 2005 in the Town Hall

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Minutes of the Town Council meeting held on Monday 3^rd October 2005 in the Town Hall

Present: M. Morgan, R. Ballard, D. Liddiard, M. Wilson, P. Harries, R. Hudson, G. Bullock, R. Scorey, D. Small,

C. Ticehurst, M. Barletta, R. Desmeules and W. Acworth.

7 electors

There was no District Councillor’s report.

1) Apologies for absence

Apologies were received on behalf of District Cllr Gaines and Cllr Cardwell.

2) Declaration of Interests

Cllr Scorey declared a prejudicial interest in the Playground Service’s invoice, Agenda item 5

accounts for payment.

3) Minutes of 5^th September 2005

The following amendments were required by:

i) Cllr Harries – 05/046 that the Council “do not sanction Cllr Morgan any more this meeting”.

ii) Cllr Barletta – 05/044 Cllr Barletta pointed out that Mr Malcolm Gilbert, Chairman of the case

tribunal, in his opening address of the tribunal’s decision emphasised the seriousness of the charges

and that the panel had considered full suspension but had withdrawn from this position.

iii) Cllr Barletta – 05/044 after ‘there were no abstentions’ add ‘The clerk questioned the validity of

the vote as it was not on the agenda and would check its validity and get back to the council’.

Agenda 3) Election of Chairman for this item: Proposed Cllr Liddiard, seconded: Cllr Hudson –05/051 Nomination: Cllr Ballard. Cllr Meddings proposed the nomination of Cllr Desmeules but this was

not seconded.

Subject to the above the minutes were proposed by Cllr Liddiard, seconded: Cllr Bullock. Agreed.

The minutes were signed by Cllr Morgan.

Cllr Liddiard offered the clerk the use of a tape recorder to record the meetings. Offer refused

by the clerk.

4) Mayor’s Report

July 5^th Camburn Trust AGM

6^th CCB AGM

19^th Volunteer Service Awards

30^th Road Show – Berkshire Radio

Jimmy Johnson Car Raffle

August 14^th VJ Day Service, British Legion Hungerford

15^th VJ Day Service, Newbury

26^th Welcomed Legueil visitors

27^th Wreath Laying

Mayor’s reception for 34 Legueil visitors

Banquet for Legueil visitors

28^th Barbeque and games day for Legueil visitors

Sept 4^th Boxford Flower Festival

10^th Ringing Roadshow. Newbury Racecourse

19^th JOG School/Ghana Twinning

22^nd Meeting with the Police

27^th Alzheimer’s Society AGM

28^th Meeting with Sgt Buckingham, Chamber of Commerce and District Councillors

Cllr Scorey asked if Cllr Morgan had met with a representative of Green Issues

Cllr Morgan replied that he had met with the representative informally.

Cllr Barletta queried whether the representative, Ms N. Hussein, had mentioned Linden Homes and

had shown Cllr Morgan plans.

Cllr Morgan said that he had not discussed nor seen any plans.

Cllr Barletta said that Ms Hussein had told him that she would meet with the Council in one

or two months times.

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5) Accounts for Authorization

Cllr Morgan relinquished the Chair to Cllr Small for this agenda item.

Among the invoices for payment were two that were the result of vandalism. In view of the

increase in vandalism. Cllr Small suggested that the issue should be put before the F&GP committee

Cllr Harries has taken photographs of vandalised areas and is compiling a dossier for public

inspection.

Cllr Scorey wished it to be known that the damage in the Skate Park is being caused by older youths and not the users of the facility.

Cllr Small drew the attention of the Council to a letter from the Hungerford Camera Club requesting

a grant. It was agreed that the sum of £300 should be granted to the club.

05/052 Proposed: Cllr Liddiard, seconded: Cllr Bullock, that the accounts in the sum of £11,258.79 be paid.

Agreed.

5a) Letter from B. Fowler’s solicitor regarding the balance of the gratuity considered. It was agreed that

the balance should remain in the ear-marked account for the time being.

05/053 5b) Proposed Cllr Liddiard, seconded: Cllr Bullock, that the Business Reserve and Business Premium

bank accounts are merged and that the restricted £1000.00 balance of the Current account should

be removed. Agreed. This proposal followed advice from the Council’s accounts Manager,

Phil Hobbs.

Letter from WBC regarding the by-election on 24^th November, asking if the Council wished for

polling cards to be sent out. This would cost in the region of £1,000.

05/054 Proposed: Cllr Bullock, seconded: Cllr Ballard. Vote: 7 in favour of cards, 6 against. Carried.

6) Adjudication Panel for England

05/055 Proposed: Cllr Bullock, seconded: Cllr Liddiard, that Cllr Ballard should chair this agenda item.

Vote: 9 in favour, 4 against. Carried.

Cllr Ballard assumed the Chair.

Cllr Ticehurst stated that all decisions of the panel were unanimous and that the Council had been

brought into disrepute. Some of the criticisms had been addressed in that the files were now all in

one place and the agendas are more specific.

Cllr Bullock declined to join the discussion as these events occurred before she became a councillor.

Cllr Barletta stated that Hungerford Town Council has a duty of obligation to act upon the decisions

of the Adjudication Panel.

There were mixed opinions as to the interpretation of section 5.3.2 of the decision report:

‘The Respondent shall not take part in any proceedings of the Town Council’s Planning Committee

or Finance and General Purposes Committee for the period of suspension.’

The Mayor appears to take this to mean not attending the meetings of those committees.

WBC Monitoring officer suggests that the Mayor may not take part in discussions but can vote on

issues.

Cllr Small interpreted it to mean that as the Mayor is no longer a member of those committees he

cannot take part in any proceedings of the committees. Cllr Ticehurst believes that in addition to

this the Mayor must not sign cheques.

Cllr Scorey asked if this meant not representing the Council

Cllr Ballard suggested that it means not taking part in proceedings and not just not attending

meetings.

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Cllr Harries said that the Council must move on and that he believes that the Mayor believes that

he did not do anything wrong. As the Mayor was found guilty the Council would have expected

an apology.

05/056 Proposed: Cllr Harries, seconded: Cllr Ballard, that the Council must move on and put this behind

it. There should be no further discussion by the Council or the Mayor. It would be nice to have

an apology from the Mayor. Vote: 11 in favour 3 against.

Cllr Morgan apologised for any problems that had been caused. He said that witnesses that he

had put forward had been rejected and that things had been used in evidence that should not have

been. He feels very badly let down.

Cllr Ticehurst believes that things would not have got to this stage had letters received a response.

Cllr Morgan apologised unreservedly.

05/057 Proposed: Cllr Bullock, seconded: Cllr Harries, that agenda item 8) should be discussed before

agenda item 7). Agreed.

8) Motion: ‘To adopt the Mayor’s Expenses and Gifts Procedure’

The document to support this motion had been distributed to all Councillors. Cllr Barletta

explained the thinking behind the document.

Cllr Morgan pointed out that the allowance is an ‘honorarium’ and that successive Mayors had

not had to receipt it; receipts where, however, required for the Mayor’s Reception.

After discussion it was proposed: Cllr Ticehurst, seconded: Cllr Liddiard. that the document should

be discussed by the F&GP committee who will make recommendations to the Council. Agreed.

7) Procedures of Hungerford Town Council

Cllr Barletta wishes to put together a report reviewing procedures that individual councillors think

need updating.

05/058 Proposed: Cllr Harries, seconded: Cllr Scorey, that Cllr Barletta should action his wish to produce

a report. Agreed.

Cllr Desmeules thinks that the Council should produce a ‘welcome’ kit for new Councillors.

9) St Saviour’s Cemetery

With regard to the rabbit infestation Cllr Small believes that Dr Franks may have a potential

legal claim against the Council.

Cllr Harries queried whether the rabbits were the Council’s responsibility.

Cllr Small said that the Council is liable under the law of nuisance

Cllr Wilson withdrew at 9.04pm

05/059 Proposed Cllr Bullock, seconded: Cllr Small, that Cllrs Barletta and Harries meet with Dr Franks

this week. Agreed.

Cllr Wilson returned 9.07p.m.

10) Matters Arising

1) Downlands Area Forum – Cllr Hudson had requested 7 or 8 traffic proposals to be put forward

at the Forum.

2) GLEAM AGM – Cllr Bullock will attend.

11) Committee Reporting Procedure

05/060 Proposed: Cllr Small, seconded: Cllr Harries, that each Town Council agenda should contain

reports from chairmen of committee, to last no longer than five minutes.

Amendment by Cllr Acworth: proposal as stands but without the time limit.

2^nd Amendment by Cllr Barletta: proposal as stands but keep the five minute duration.

2^nd Amendment voted upon : 8 in favour, 2 against. Carried.

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Amendment by Cllr Acworth: proposal as stands but without the time limit

2^nd Amendment by Cllr Barletta: proposal as stands but keep the five minutes duration.

2^nd amendment voted upon: 8 in favour, 2 against. Carried.

Meeting closed 9.22p.m.

Signed ………………………………..

Mayor 7^th November 2005