Agenda item

Report of the Solicitor to the Council

To receive the report of the Solicitor to the Council.

Minutes:

The Committee received the report of the Solicitor to the Council (copy filed with signed minutes).

 

A         Referral of Councillors to the Public Services Ombudsman

 

A1       Town and Community Councillor Referrals

 

            There are no outstanding referrals with the Ombudsman.

 

B         Dispensations

 

B1       Applications – Town and Community Councillors

 

 

Councillor R Edwards, Newtown and Llanllwchaiarn Town Council

 

Councillor Edwards wished to speak and vote on matters relating to community asset transfers from Powys County Council to Newtown and Llanllwchaiarn Town Council and the setting up of management arrangements for such land.

 

Councillor Edwards is a Director and member of staff of Cultivate which is one of several bodies which intend to form a Consortium to manage the land intended to be transferred from Powys County Council to Newtown Town Council.  He is one of six Directors of Cultivate who, if the company made a profit, would receive dividends. 

 

The Consortium is in the process of being formed and Co-op Wales are providing support to form the group and are advising on the governance structure.  The Consortium has a number of member groups interested in joining.  At least eight attended an early meeting but there are others who have expressed an interest in joining.  All the members would have an equal say in decision making.

 

Councillor Edwards is Mayor of Newtown Town Council and is a Member of the Community Delivery Project Team reporting back to the Town Council.

 

Councillor Edwards is a knowledgeable and leading member of the project team.  No other Members of the Town Council have the depth and extent of knowledge on this matter that he has.

 

 

RESOLVED

Reason for resolution

i) that Councillor R Edwards be granted a dispensation to speak only on matters relating to the transfer of land in Newtown at meetings of Newtown and Llanllwchaiarn Town Council and having spoken to leave the room,

 

 

ii) that this dispensation remains in force until the Consortium is properly formed at which point the applicant should resubmit his application for reconsideration

 

 

 

i)that whilst Councillor Edwards has a personal, prejudicial and pecuniary interest in this matter his participation in the business to which his interest relates is justified by his particular expertise to the extent that he should be permitted to speak only,

ii) to ensure that the dispensation is correctly granted once the applicants position regarding the Consortium is settled

 

This dispensation is granted until the end of this term of office in May 2017.

 

Community Councillor C Evans arrived at 11.00am and did not take part in the debate for the above item as she had not been in attendance for the whole of this item.

 

Community Councillor C Evans declared an interest in the following item as she is a Member of the same Town Council as the applicant Cllr Lloyd and left the room.

 

            Councillor M. Lloyd, Rhayader Town Council

 

Councillor Lloyd wished to speak on general discussions relating to the management and maintenance of the Rhayader Town Cemetery which is owned and operated by Powys County Council.  Councillor Lloyd is a Funeral Director.  It was confirmed that there was no financial impact on Councillor Lloyd’s business as any cemetery fees are passed directly onto the family of the deceased.

 

RESOLVED

Reason for resolution

That Councillor M Lloyd be granted a dispensation to speak and vote on matters relating to Rhayader Town Cemetery at meetings of Rhayader Town Council

 

That the nature of Cllr Lloyd’s interest is such that participation in discussions regarding the Town Cemetery would not damage public confidence in the conduct of the Town Council’s business

 

This dispensation is granted until the end of the term of office in May 2017.

 

 

C         Term of Office

 

The end of the term of office for Town and Community Councillors on 8th May 2017 was noted.  Nominations for co-optees will be sought from Town and Community Councils after that date with a ballot to be held if necessary.  It is expected that appointments to the Standards Community Sub-Committee will take place at the Council meeting on 22nd September 2017 ahead of the meeting of the Standards Community Sub-Committee on 4th October 2017.

 

D.        Meeting dates

 

Wednesday 15th February 2017

Wednesday 28th June 2017

Wednesday 4th October 2017

 

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