NOTICE OF TOWN COUNCIL MEETING

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					                                                        Page No. 266
                                                        Minute Book No. 6
                                                   HEMSWORTH TOWN COUNCIL
                                                        Minutes 2010/11
TOWN COUNCIL MEETING
8 February 2011

Present:      Councillors West (Chairman), Eccles, Gilliver-Cooper, Martin,
              McIntyre, Mellows, Richardson, Tibbetts, Upson, Warren,
              Westmorland & Wootton.

Apologies:    Councillor Pickin.

17 members of the public and 1 member of the press were in attendance.
The Chairman welcomed the members of public and press to the meeting.


266    PUBLIC QUESTION TIME

      Mr Keith Hirst (Hemsworth) – £90,000 was allocated in the Council’s
budgets     last year for the Community Centre – Where has this money gone as
the   Community Centre was not open?

       This year the Town Council has allocated £130,000 and yet the first year a
       sum of £30,000 was put in the budgets – Why is this?

       When will the Turnkey money of £438,000 go into the Town Council’s
       account?

       Is it true that Saul Construction have withheld £1.5 million to Wakefield
       because Saul’s do not have the money?

       Mr Evans (Hemsworth) – I asked a question at the last meeting of which you
       have still not answered, so I am asking again: Is the S106 agreement to be
       signed completed to the original specifications?

        Mr Kenyon (Hemsworth) – In relation to the recent article in the paper that
        quotes that I owe £10,000 then I would like to inform the Council that my
        records show that in May 2009 I paid the original bill from the court for the
        Judicial Review application. In addition to this and to make a point of law
then on 8th January 2009 my Solicitor wrote to you to say we would not appeal as
        the judgment we received on 23 December 2008 said we had legally 7 days
to      apply for an appeal. The oral hearing had nothing to do with the Town
Council         and as the 7 days had elapsed then on 8 th January we were out of
time to         appeal. To go on further then I received a bill in July 2009 with a
discount on the costs if I paid it and I wish to know why you are still saying I owe
money?
                                                      Page No. 267
                                                      Minute Book No. 6
                                                 HEMSWORTH TOWN COUNCIL
                                                      Minutes 2010/11
TOWN COUNCIL MEETING
8 February 2011

266   PUBLIC QUESTION TIME - continued

      I have contacted the Court at The Strand in London and I have been told by a
      woman at the Court that this case has been backwards and forwards and has
      been thrown out. The Court has said that the Town Council should have
      notified me of this. Why have you not?

      Mr Kenyon went on to make further statements and the Chairman asked Mr
      Kenyon to refrain from making statements but to ask questions.

      Mr Kenyon then asked: Why is the football facility not open yet?

      Mr Kenyon made a statement and then asked as the Town Council has
      agreed to pay £6,500 for a ball stop fence and mowing strip which were
items included in the original specification so why are the Town Council paying
      twice for these?

      Mr Kenyon stated that he had been to measure the new football field and it
      was only 91 metres x 55 metres and that it should be 100 x 55 metres – Why
      was this?

      Mr Kenyon said he had spoken to Sport England following an inspection he
      had undertaken on the small grass pitch which has no drainage and asked
      why this area was not fit for purpose for the kids to use? Mr Kenyon stated
      that a 27 x 45 metre pitch is not acceptable.

      Mr Kenyon then handed a letter to the Chairman and stated that this was
      notification that he was applying for another Judicial Review. The Chairman
      handed the letter to the Clerk.

      Mr Graham Hirst (Hemsworth) - Why is the main football pitch smaller, i.e.
      91 metres?

      Why are there no floodlights?
                                                       Page No. 268
                                                       Minute Book No. 6
                                                  HEMSWORTH TOWN COUNCIL
                                                       Minutes 2010/11
TOWN COUNCIL MEETING
8 February 2011

266   PUBLIC QUESTION TIME - continued

      Mr Donaldson (Hemsworth) – Made a statement and then asked if it was
      correct that the Community Centre now belong to the Council?
      If the answer to the above is yes then why is there a banner advertising a
      fitness centre at Brierley?

      Has Saul Construction handed over £438,000 to the Council?

      Is it right for the Chairman to allow the Vice Chairman to jump up at a
      meeting and make a statement about what we are getting?

      Mr Graham Hirst (Hemsworth) – Why is there no off pitch storage at the
new   football facilities?
      You state that we have a mini grass pitch 45.7 x 27 metres – Where is this?
      Who is going to repair the fencing around the site?

      Ms Rowley (Hemsworth) – It was reported in May that the Windsurfer
would be open, why is it not?

      Mr Graham Hirst (Hemsworth) – Is Saul financially sound?

      Mr Derek Appleton (Hemsworth) – Made a statement and then asked why is
      there not a junior pitch at the new site as the one at the Kirby Road site was
      well used?

      Mr Gary Tinker (Hemsworth) - There is a trench about 1ft deep on the paths
      at the allotments, Sandygate. The Office Manager is aware of this and said it
      would cost the GMU £5,000 to repair. Why can’t some planings be provided?

      Mr Stratford (Hemsworth) – Should the Chairman have declared an interest
      when discussing about a deferred payment to Wakefield MDC?

      The Chairman thanked members of the public for their questions and
      moved on to the next agenda item @ 7.49 p.m.
                                                      Page No. 269
                                                      Minute Book No. 6
                                                 HEMSWORTH TOWN COUNCIL
                                                      Minutes 2010/11
TOWN COUNCIL MEETING
8 February 2011

267   TO RECEIVE DISCLOSURES BY MEMBERS OF INTERESTS IN MATTERS UNDER
      CONSIDERATION
      Personal
      Personal Interests which are Prejudicial

      No declarations were made.

268   TOWN COUNCIL MEETINGS
      RESOLVED: That the Minutes of the Town Council meetings held 23rd
                          th                     th
      November 2010, 14 December 2010 & 26 January 2011 as detailed in
      Minute Book No. 5, pages 171 – 185, 186 – 188 & 227 – 228, be confirmed
      and signed by the Chairman.
      The Chairman signed the minutes.

269   COMMITTEE & SUB COMMITTEE MEETINGS
      RESOLVED: That the Minutes of Committees & Sub Committees, as detailed
      in Minute Book No. 5, 2010/2011, be adopted:
      PAGE NO.             COMMITTEE               DATE
      189                  Special Finance         10 January 2011
      190 - 207            Leisure & Recreation    11 January 2011
      208 - 223            Finance                 18 January 2011
      224 –225             Policy                  25 January 2011
      226                  Special Finance         26 January 2011
      229 – 265            Special Finance         01 February 2011

      The minutes were moved as a true record.

270   QUESTIONS ON THE MINUTES AND MATTERS ARISING FOR INFORMATION.

      Minute No. 225 – Opening of Tenders – The Windsurfer P.H.
      Councillor Richardson stated he did not know anything about this matter and
      Councillor Warren requested information on this matter.
      It was agreed that due to the confidential nature of this information that
      Councillors Richardson and Warren make an appointment to see the Clerk to
      discuss this matter further.

      Minute No. 258 – Hemsworth Water Park (Greensapce issues)
       Councillor Richardson said he did not know what this matter was about and
       wanted information. The Clerk informed the Chairman that this was
       confidential information and could not be discussed at this time.

                                                      Page No. 270
                                                      Minute Book No. 6
                                                 HEMSWORTH TOWN COUNCIL
                                                      Minutes 2010/11
TOWN COUNCIL MEETING
8 February 2011

270    QUESTIONS ON THE MINUTES AND MATTERS ARISING FOR INFORMATION -
       cont

       Minute No. 261 – Tenders re: The Windsurfer P.H. Refurbishment Project
       Councillor Warren questioned why another sub committee had been set up
       and the Chairman explained the procedures on committees and sub
       committees.

      Minute No. 265 – Budgets 2011/12 – Page 232
      Councillor Tibbetts stated that a statement he had made when discussing the
      budgets had not been included and wished for the minutes to be corrected:
      It was agreed that the following statement made by Councillor Tibbetts
forms part of the minutes of the meeting held 1 February 2011: Councillor Tibbetts
      stated that in the Town Clerks report it had highlighted 0.21 % decrease on
      Council Tax band payments and a freeze on the precept but actually the
      Council was increasing expenditure by £7,000.

271    SUB COMMITTEE
       RESOLVED: That the minutes of the following Sub Committee, as detailed on
       pages 277– 282 of these minutes be adopted:-

       GMU                         25 January 2011

272    ACCOUNTS FOR PAYMENT
       RESOLVED: That in accordance with Minute No. 278 (14/11/95), the
       accounts for payment, as examined and approved under Minute No. 245 of
       the Finance Committee held on 18th January 2011, be confirmed for
       payment.

273    CORRESPONDENCE
       The Town Clerk reported on the following items of correspondence:

       a.      Rural Matters Newsletter of Yorkshire and the Humber Rural Affairs
               Forum
       It was agreed that the information received be noted.
       b.     Department for Communities and Local Government – Consultation
              document – Revision and Consolidation of the Accounts and Audit
              Regulations 2003 (SI 2003 No 533) as amended
       It was agreed that the information received and the Clerks explanation on
       matters relating to the consultation document be noted.

                                                         Page No. 271
                                                         Minute Book No. 6
                                                    HEMSWORTH TOWN COUNCIL
                                                         Minutes 2010/11
TOWN COUNCIL MEETING
8 February 2011

273    CORRESPONDENCE - continued

       c.         Wakefield District Citizens Advice Bureau (CAB) – Room hire request
                  in relation to the new Community Centre
         The Clerk gave details of the request from the CAB to have free use of a
room at the new Community Centre due to them having insufficient funds to pay
         for the room hire.
         The Clerk gave details to members of the present situation relating to the
free use of a room at the present offices since October 2009. The Clerk
highlighted to members that whilst the CAB provide an excellent service for the
         Community, that members should consider if they are in a position to
sacrifice         income for the new Community Centre by allowing this request.
         Councillors discussed this matter in depth raising several issues for and
         against allowing the request. Members did agree that the service provided
by       CAB is a valuable service to the Community.
         Councillor Eccles proposed that this Town Council should allow the CAB to
         have free use of an office in the new Community Centre for 1 morning a
week for a 12 month period. This was seconded by Councillor Warren.
         Councillor Upson put forward the following amendment: That the CAB be
         allowed free use of an office for 1 morning a week for a one month period
and that the matter be reconsidered once the Clerk ascertains details on
         usage, if they provide services at other venues in the South East of the
District          and what costs if any they pay to other venues. This was seconded by
         Councillor Mellows.
         RESOLVED: That by a vote of 7 for and 5 against the amendment was
         carried.
         The amendment then took place of the proposal and by a vote of 8 for and 4
         against the proposal was carried: That the CAB be allowed free use of an
         office for 1 morning a week for a one month period and that the matter be
         reconsidered once the Clerk ascertains details on usage, if they provide
         services at other venues in the South East of the District Township and what
         costs if any they pay to other venues.
                                                         Page No. 272
                                                         Minute Book No. 6
                                                    HEMSWORTH TOWN COUNCIL
                                                         Minutes 2010/11
TOWN COUNCIL MEETING
8 February 2011

273    CORRESPONDENCE - continued

       d.       Councillor Ian Womersley on behalf of the Hemsworth Community
                Group – Request in relation to the new Football Facilities
       The Clerk read out an email received which stated that Hemsworth
       Community Group are seeking permission from the Town Council to allow
       access to an independent surveyor to complete a report on behalf of the
       group about the finished football facilities with all expense to be borne by
the    group. Members discussed this matter raising points for and against.
       Councillor Wootton stated that all the people involved in the new football
       facilities were satisfied with the facilities. Councillor Warren stated that the
       Town Council should be open and transparent and that we did not stop you.
       At this point the Chairman stated that there may be some members who
       needed to declare an interest in this matter.

       Councillor Upson proposed that before a decision is made on this item that
       the Clerk obtains written confirmation from Councillor Womersley that he is
       acting for the Hemsworth Community group and that to ensure costs are
       honoured then the Council should be supplied with the names and addresses
       of all the group members and an indemnification obtained from the group.
On     receipt of this information then the request would be considered. This was
       seconded by Councillor Wootton.

       Councillor Eccles stated that if the Town Council had nothing to hide then
the    inspection should be allowed and put forward the following amendment:
       That Councillor Womersley should be allowed to do what he wants. This was
       seconded by Councillor Richardson.
       RESOLVED: That by a vote of 5 for and 7 against the amendment was
       defeated.
       A vote took place on the proposal: that before a decision is made on this
item   that the Clerk obtains written confirmation from Councillor Womersley that
       he is acting for the Hemsworth Community group and that to ensure costs
are    honoured then the Council should be supplied with the names and addresses
       of all the group members and an indemnification obtained from the group.
On     receipt of this information then the request would be considered and by a
       vote of 7 for, 4 against and 1 abstention the proposal was carried.

       e.      2011 Census
       It was agreed that the information provided by the Clerk be noted.
                                                          Page No. 273
                                                          Minute Book No. 6
                                                  HEMSWORTH TOWN COUNCIL
                                                          Minutes 2010/11
TOWN COUNCIL MEETING
8 February 2011

273    CORRESPONDENCE - continued

       f.      WMDC Library review – update – refer to Minute No. 220
       It was agreed that the information provided by the Clerk be noted.

       g.      Wakefield Greenspace Strategy – update – refer to Minute No. 194
       It was agreed that the information provided by the Clerk be noted.

274    BUDGETARY PROCEDURES 2011/12
       RESOLVED: That further to the recommendation of the Special Finance
       Committee meeting held 1st February 2011, that authority be given to the
       Town Clerk to levy a precept on the District Council for the financial year
       commencing 1 April 2011 of £482,000.

275    THE MID YORKSHIRE HOSPITALS NHS TRUST - REFER TO MINUTE NO. 208

       The Town Clerk updated members on the progress made but that she was
       waiting for confirmation of a meeting with a representative to come and
       speak to the Council.
       It was agreed that the information be noted.

276    TOWN & PARISH COUNCIL LIAISON GROUP
       The Town Clerk reported on the meeting held 26 January 2011 at Wakefield
       MDC which dealt with the Parish Charter, Town & Parish Council Elections
       2011 & the Localism Bill. The Clerk circulated Nomination papers for the
       forthcoming elections to all Councillors present.
       It was agreed that the information provided by the Clerk be noted.

Councillor West declared a personal interest in the following agenda item.

277    TRANSPORT & HIGHWAY ISSUES

       a. Response received from WMDC – refer to Minute No. 212a
      The Town Clerk informed members of information received which included a
      plan of the small scale amendment re: current junction layout (Wakefield
      Road/Cross Hills/ Station Road).
      It was agreed that the information provided by the Clerk be noted and that
      the plan be circulated to all Town Councillors.

                                                       Page No. 274
                                                       Minute Book No. 6
                                                  HEMSWORTH TOWN COUNCIL
                                                       Minutes 2010/11
TOWN COUNCIL MEETING
8 February 2011

278   PLANNING MATTERS
      The Town Clerk reported on the following:

      a.      Weekly planning lists, applications, acknowledgment of comments
              and notification of decisions
      It was agreed that the information received be noted.

      b.      To consider the information provided by Tesco re: update on
              Application No. 10/01459/FUL
      The Clerk updated members on a meeting held earlier (which was open to all
      Town Councillors) with Tesco Representatives who had given an update on
      their planning applications.
      It was agreed that the information received be noted.

279   LICENSING MATTERS
      The Town Clerk reported on the following:

      a. Weekly Licensing Application
      The Clerk gave details of a hearing recently held which approved to revoke
      the Premises Licence from the Crosshill Tavern, Hemsworth.
      It was agreed that the information received be noted.

280   MATTERS RAISED BY THE CHAIRMAN

       a.     Date to be agreed for the next Annual Town Meeting
       Councillor McIntyre proposed that the Annual Town Meeting be held on 26
       May 2011. This was seconded by Councillor Upson.
       Councillor Richardson put forward the following amendment: That the
Annual        Town Meeting be held on 07 April 2011. This was seconded by
Councillor    Eccles.
       RESOLVED: That by a vote of 4 for and 8 against the amendment was
       defeated.
       A vote was then taken on the proposal: to hold the Annual Town Meeting on
       26 May 2011. By a vote of 8 for and 4 against the proposal was carried.
The Chairman thanked the Members of public and the press for attending. At this
point in the meeting Mr Kenyon stated that the Chairman could not close the
meeting as his letter of correspondence sent to Mrs Pattison had not been read out.
The Clerk informed the Chairman that the correspondence that Mr Kenyon was
referring to was not on the agenda to be discussed.
                                                          Page No. 275
                                                          Minute Book No. 6
                                                    HEMSWORTH TOWN COUNCIL
                                                          Minutes 2010/11
TOWN COUNCIL MEETING
8 February 2011


Mr. Kenyon then stated that he had sent his letter in to the Town Council before
Councillor Womersley and yet Councillor Womersley letter had been dealt with so
why had his not. Mr Kenyon added he had a letter from the Clerk stating that his
letter would be read out at this meeting tonight.
The Clerk asked the Chairman if she could go and get the copy of the letter she had
sent to Mr Kenyon in response to receiving his letter. The Chair allowed this.

The Clerk obtained her copy and read out to all present that she had acknowledged
Mr Kenyon’s letter and that she would respond further to his request for
information (Freedom of Information request) in due course.

The Chairman then requested the Members of public to leave the meeting as the
Council were to go into private session.

At this point in the meeting Councillor Warren completed the Members declarations
of interest book declaring a personal interest in Agenda item 08d – correspondence.

281    EXCLUSION OF PRESS & PUBLIC
       RESOLVED: That in view of the confidential nature of business to be
       transacted, it is advisable, in the public interest, that the public and press are
       excluded and they are instructed to withdraw

282    VALUATION OF PORTFOLIO OF PROPERTIES WITH HEMSWORTH TOWN
       COUNCIL
       The Town Clerk update members on matters previously discussed – refer to
       Minute No. 216 and gave details of the five quotations received.
       Councillor Martin proposed that the lowest tender be accepted. This was
       seconded by Councillor West.
       RESOLVED: That by a unanimous vote the proposal to accept the lowest
       quotation was approved.

283    TENDERS - CATERING
       Matter referred from the Finance Committee meeting held 18 January 2011
       – refer to Minute No. 250
       It was agreed that due to the decision taken at a meeting held on 26 January
       2011 (Special Finance Committee) that this matter be left in abeyance to
       await a decision on matters relating to the Windsurfer which has now
       been referred to the Leisure & Recreation Committee to be held 1st March
       2011.
                                                          Page No. 276
                                                          Minute Book No. 6
                                                   HEMSWORTH TOWN COUNCIL
                                                          Minutes 2010/11
TOWN COUNCIL MEETING
8 February 2011

284    HARASSMENT, BULLYING AND INTIMIDATION POLICY
       The Chairman reported on a matter that he had dealt with involving an
       allotment holder and the outcome of that meeting.
       It was agreed that the information be noted and the Chairs actions be
       endorsed.

       The Chairman gave details of a matter surrounding a rude outburst by a
       member of the public towards him that had occurred at the Special Finance
       Committee meeting held 1st February 2011. Members discussed this matter
       in depth and the procedures in the policy were discussed.

       Councillor Tibbetts proposed that a letter be sent to the member of public
       stating that his behaviour was not acceptable and would not be tolerated
and    that any further outbursts would leave the Town Council with no alternative
       than to implement the procedures in their Harassment, Bullying and
       Intimidation Policy.
       RESOLVED: That by a vote of 11 for and 1 abstention the proposal was
       carried.

285    HEMSWORTH COMMUNITY STRATEGIC PLANNING STRATEGY
       The Town Clerk reported on matters relating to press reports, allegations
       being made against the Town Council and legal advice.
       Councillor Upson proposed that this Town Council cannot continue to put up
       with the allegations being made and that the Town Council seek legal advice
       as to what direction they can take about incorrect information in the public
       domain. This was seconded by Councillor Wootton.
       RESOLVED: That by vote of 8 for, 3 against and 1 abstention, the proposal
was    approved.
Meeting closed @ 9.15 p.m.

Tina Pattison
Town Clerk
02 February 2011
Ref: TC02-0211

				
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