Extraordinary Town Council Meeting 15th January 2008
Minutes of an EXTRAORDINARY meeting of the TAVISTOCK TOWN COUNCIL held in the Council Chamber, Drake Road, Tavistock on TUESDAY the 15th day of JANUARY 2008 at 7.00 p.m.
Present: Cllr Mrs A Johnson Town Mayor
Cllr D Best
Cllr Mrs M Govier
Cllr M Harper
Cllr C Jenkins
Cllr I C Jennings
Cllr Mrs J C Metcalf
Cllr Mrs J Ramsey
Cllr E D Sanders
Cllr Mrs D. Sellis
Cllr W. Sellis
Cllr E H Sherrell
Cllr H Smith
Cllr B Trew
Cllr D Whitcomb
In Attendance: Town Clerk
Works Superintendent
Market Reeve
Deputy Market Reeve
One member of the press
Ten members of the public
Before the commencement of the meeting the Mayor reminded Members of the provisions of Standing Orders concerning the conduct of meetings and debate.
PUBLIC QUESTION TIME.
An employee of Downings Butchers queried certain parts of the Health and Safety report, and his comments were noted. He particularly queried the distance from the allocated parking space to the shop as being only 30 metres.
480. APOLOGIES.
There were apologies for absence from Cllr R Pike and Cllr P. Sanders.
481. VEHICULAR RESTRICTIONS AROUND THE PANNIER MARKET
a. Minutes 429a(vii) and 443f referred. Members had met to consider the recommendation by the Town Hall and Markets Sub-Committee that:
“On a proposal by Cllr Trew, Members RECOMMENDED by 5 votes for, none against and Cllr Best abstaining that the Council accept the advice of the safety adviser, and that the closure to vehicles be monitored by the Council”.
b. A copy of the full H&S Report justifying this recommendation had been tabled at the council meeting on the 5th January. At that meeting any debate was deferred until this extraordinary meeting to allow Members time to read and digest that report.
c. The Works Superintendent gave Members an update on the current situation following several meetings held in the last few days. In particular:
(1). A meeting with the Environmental Health officers of West Devon Borough Council that had confirmed the practicality of the current system of transporting meat to the shop, and the concept of providing a dedicated ‘trolly’ to transport heavier supplies.
(2). A meeting with Downings Butchers at which their daily operational needs were discussed. They parked a delivery van at about 8. 30 am, and processed the meat. They then left the Market to make deliveries at about midday. The van returned at about 1.30 pm, and left again at about 3.30pm. It was agreed that their needs would be catered for by access through the bollards for these two periods. To ensure pedestrian safety the movement of the vehicle would be at walking speed and proceeded by a banks-man to ensure this was so. This could be a temporary solution as it had further been agreed that an application should be made to DCC for one or more loading bays on Dukes Street to cater for the shops around the Market.
d. Cllr Sherrell thanked Mr Southall for a clear report. He was concerned that Health and Safety might be taken to extremes. Danger might be only a perception, and a compromise was needed. Members agreed that DCC should be approached about a loading bay in Duke Street (after all there were two in Brook Street). Vans delivering to Duke Street shops often blocked the road. Cllr Mrs Govier then proposed that the Council accept the Work’s Superintendents compromise solution. This was seconded by Cllr Smith, who said that the NALC legal advice was clear that withdrawal of the existing Health and Safety scheme was only possible if there was a replacement scheme ready to be put in place. No other scheme had been mentioned, so he supposed Member’s had no other ideas? The financial implications of the compromise were minimal.
e. Cllr Jenkins felt that such matters should be debated by Council in the future, and wondered what would happen if injuries occurred after 4.00 pm? Members felt that all reasonable efforts had been made, and a balance was acceptable. Cllr Sellis agreed with the proposals, and asked that the timings for access not be fixed but at the convenience of the trader. Cllr Best gave members some quotes about Health and Safety, and said that he felt it all to be unnecessary. However as the traders seemed to agree he would go along with the compromise idea.
f. Cllr Trew reminded Members that the whole matter had been on numerous committee agenda’s, and if Members had not noticed it then it was not the fault of the officers. He thought that current Health and Safety laws to be eminently sensible, and the use of banks-men to control traffic speed was a normal practice. The Council should draft clear rules for any trader having such access. He proposed an amendment being that officers should be empowered to withdraw the agreement for access if necessary. Cllr Mrs Govier seconded the amendment. Cllr Best thought that the legal right of access in the leases might affect this, but Members acknowledged the legal advice from Foot Ansty that such clauses could be extinguished. Any abuses would be monitored over a period of time to prevent any clash of personalities affecting access. Some also thought that other options to slow traffic down could be considered. Cllr Mrs Govier said that further modifications would be looked at, and councillors and traders would be consulted about what was proposed.
g. After some debate about operational decisions and the need for officers to take such decisions on a day-to-day basis without consulting Members, a recorded vote on the amendment was taken.
Against For Abstain
Cllr Best Cllr Mrs Govier
Cllr Mrs Sellis Cllr Harper
Cllr J Sellis Cllr Jenkins
Cllr Sherrell Cllr Jennings
Cllr Mrs Johnson
Cllr Mrs Metcalf
Cllr Mrs Ramsey
Cllr E Sanders
Cllr Smith
Cllr Trew
Cllr Whitcomb
The amendment was accepted by 11 votes to 4.
A recorded vote was taken on the substantive proposal, and it was unanimously RESOLVED that the Council accept the Works Superintendents compromise solution, with the officers empowered to withdraw any agreement on access if necessary.
482. SEAL.
RESOLVED that the seal be affixed to the various Deeds and Documents to be made or entered into for the carrying into effect the several decisions and matters approved.
Rising 7.50 p.m.
Signed.........……………...….................. TownMayor
Date....................................................