May

CYNGOR CYMUNED LLAN LLYR/LLANYRE COMMUNITY COUNCIL

A meeting of Cyngor Cymuned Llan Llyr/Llanyre Community Council was held at Llanyre Church Hall on Tuesday, 19th May, 2015.

Present:- Councillor S. Powell  (Chairman);

   Councillors Mrs. P. Abbott, M. Davies, Mrs. P. Deakin, Mrs. T. Field,
   S. Grimwood, G. Lewis, S. Meredith, G. Rees, L. Smith and M. Watkins.

 In attendance:- County Councillor W. J. Evans.

9/15 APOLOGIES FOR ABSENCE

 There were none.

10/15 DECLARATIONS OF INTEREST

 Mrs. P. Abbott and Mr. S. Grimwood declared an interest in item 16.

11/15 MINUTES

 The Chairman was authorised to sign as a correct record the Minutes of the meeting held on 21st April, 2015.

12/15 MATTERS ARISING

(a) New A470/Traffic Calming Measures/By-pass (Ref. Min. 136/14(a))

It was reported that the 20mph signs were up but were in need of some modifications as the timings were not correct.  An additional sign was to be erected opposite the New Inn and signs are also to be erected on Riverside and Knapplands.

(b) Llanyre Toilets (Ref. Min. 136/14(b))

It was reported that the lock on the gents’ door had broken and the Cleaner was not able to access the cleaning products.  The Clerk had contacted the Chairman and Character Building had been requested to visit the site to assess the situation.  It was reported that the door frame was rotten and may need replacing so the builder was reluctant to force the lock as requested.  The builder had, therefore, been requested to supply a quotation for the replacement of the door frame should it become necessary and a quote in the sum of £320.00 was received.  Members left the meeting to view the site and one of the members forced entry to the toilets.  It was agreed that an external padlock be installed and Mr. G. Lewis and Mr. S. Powell agreed to arrange.

It was further reported that the outside door of the ladies had been locked and a sign erected stating that the toilets were closed.  This had not been undertaken by any members.

Members were also concerned that children were climbing on the roof of the toilets which could damage the property and, more importantly, lead to an accident.  Mr. Watkins agreed to investigate and speak to those concerned.

Councillor Evans reported that the tree near the toilet would be cut in the near future.


Water – 544   Electricity - 41864

It was also noted that the pickets had been removed from the fence behind the memorial.  Mr. M. Watkins reported that grants may be available to restore the lettering on the war memorial from the following link tinyurl/com/grantsformemorials

(c) Public Toilets, Newbridge-on-Wye (Ref. Min. 136/14(c))

Electricity - 94273

(d) Recycling Sites (Ref. Min. 136/14(d))

Nothing to report at either site.

(e) Mid Wales House – Parking (Ref. Min. 136/14(e))

Mr. S. Meredith reported that he had spoken to Mr. Alastair Knox and had given him additional information to strengthen the case.  Councillor Evans had also spoken to Mr. Knox and he had confirmed that he would write to the Legal Department and the Council would receive a copy for approval.

(f) Llanyre Church Hall and Recreation Field

The Clerk reported that she had written to Mr. B. Price following the last meeting and his response is outlined below:-

1. Item 4(2) of the 2002 scheme  says "the land identified at 1 in the schedule must be retained by the committee for use for the object of the charity". The land identified at 1 in the schedule is "1.38 hectares or thereabouts" so this means the large field. The 2002 scheme supersedes any earlier Acts or schemes. If the land is leased then the committee has relinquished the field and hence not retained it, for the period of the lease. The land may have been leased for more than 30 years but since the 2002 scheme came into effect I do not think the Trustee had the legal right to carry on leasing it.

2 .As a registered village green, I believe that the land cannot be leased for grazing.

Personally I think you have two choices:

1 To take proper legal advice

2.To ask the Charity Commission if you have the right to lease the land for grazing.

I get the feeling that the Trustee is not willing to consider 1 because of the costs involved. 2 would not cost them anything.

It was reported that there was no reference to the Village Green registration in the 2002 scheme.  However, there was reference to the Enclosure Award (1840).  The Clerk reported that the cost of the hedge cutting in 2014 was £240 and the rental received was £150 and she had written to the Charity Commission for clarification, outlining the costs, but no response had been received to date.


It was the opinion of the Members that the Trustee should proceed to graze the land based on the information in Councillor Watkins’ possession whilst a response from the Charity Commission is awaited.  The documentation had been closely examined and it was the opinion of the Members that the Trustee was not in breach of the law.   It was proposed by Mr. M. Watkins and seconded by Mr. S. Grimwood that the land be grazed.  All in favour.

The Clerk was asked to inform Mr. Price of the Council’s decision and outline that the payment for the grazing would be taken on deposit and refunded should it be confirmed by the Charity Commission that the land could not be grazed.

(g) Proposed New Creche Facility (Ref. Min. 136/14(g))

The Clerk reported that she had been contacted by the committee seeking permission to submit the planning application in the name of the Community Council to enable the committee to save 50% of the planning fee.  The Clerk had contacted One Voice Wales for advice and she had been informed that, as it was not a Community Council project, this would be fraud.  It was reported, however, that Councillor Evans had spoken with the planning department who had now agreed to charge the reduced rate.  The planning application had now been submitted and a decision was expected within 8 weeks.

(h) Footpaths in Newbridge-on-Wye (Ref. Min. 142/14))

A response was received from Mr. D. Price stating that he had undertaken a draft estimate of the distance in question which amounted to approximately 450m and a footpath alone would cost in the region of £45k.  With the addition of land acquisition, possible utility diversions, design and site supervision this would take the project over the £50k ceiling for road safety and small schemes.  Even with a substantial contribution from the community may not be sufficient and it may not rank sufficiently due to the cost.

However, he was aware that there may be a bid to improve the Disserth junction and this may open a door for a possible source of funding.

The Clerk was asked to respond with a request that the footpath be included on the back of the proposed contract.

13/15 PLANNING APPLICATIONS

 The following application was received and considered:-


 19, Lon yr Afon, Newbridge-on-Wye – proposed detached double garage.  RESOLVED – that the application be approved.

14/15 INVOICES FOR PAYMENT

 The monthly balance of income and expenditure was received and approved.

Balances in hand as at 19.05.15:-      Ring Fenced balances – Recycling:- 
Current Account £7389.82                  Llanyre                      £  912.03
Savings Account £2195.20                 Newbridge-on-Wye   £  805.74
                            £9585.02                                                   £  1717.77

Available Funds:- £7867.25

   
 The following invoices were received and passed for payment:-     

(a) Mr. P. Lewis – Llanyre/NoW toilets    £  70.40
(b) Dig It Gardening – Balance on 2014/2015 contracts  £830.00
(c) Phs Group – NoW toilets             £  41.64
(d) Mrs. L. Brown – Salary/expenses            £348.32

Members queried the low level of payments received for recycling recently compared with previously and Councillor Evans agreed to discuss the matter with the Officer concerned and report back to the next meeting.

15/15 CORRESPONDENCE

(a) PCC – Newbridge-on-Wye Recreation Ground

Correspondence was received from Mr. G. Eales, Principal Legal Assistant, stating that he had received instruction to proceed with the transfer of the playing field and an area of land which surrounds the public toilets.  It was noted that this transfer would be made in accordance with the County Council’s Community Asset Transfer Policy and he would be arranging for the relevant forms to be forwarded in due course.

Members were concerned that insufficient time had been given to precept for the maintenance of the playing field in this financial year and it was expected that the County Council would continue to maintain it for this year.  Members also stressed that they wished the grass to be cut and the ROSPA safety inspection to be carried out prior to transfer.

(b) PCC – Llanyre Playing Field

The Clerk reported receipt of a letter dated 28th April, 2015 from Mr. G. Eales, Principal Legal Assistant, stating that the County Council did not hold title deeds for the Llanyre Playing Field and it would appear that mainentance responsibility had be undertaken on an historic basis, this having been inherited from the previous District Council in 1996.

The County Council would, therefore, cease to maintain the area with effect from 1st May, 2015.

Members expressed their dismay at the shortness of notice received and felt that this was completely unacceptable.  The Members felt that the Council should have been informed of this decision in December which would have enabled them to precept for the maintenance and insurance costs.  It was accepted that the land was the responsibility of the Trustee of the Llanyre Recreation Ground but the equipment was in the ownership of the County Council.

It was agreed that the Clerk respond to Mr. Eales stating that the Community Council would not accept any responsibility for the equipment until a formal transfer of ownership had taken place.

(c) Ombudsman – Revised Guidance on the Code of Conduct

It was reported that the Ombudsman had issued revised guidance on the Code of Conduct.  It was noted that it was available to download from the website at www.ombudsman-wales.org.uk

It was agreed that the Clerk download the document and e-mail to those members with addresses.


(d) CPRW – Spring Newsletter

This was received and distributed to Members for their information.

(e) Mid Wales Housing – Shared Ownership

Correspondence from Mid Wales Housing outlining their new idea for shared ownership was received and noted.

(f) Insurance Renewal

The renewal notice was received from AoN Insurance in the sum of £887.88.  In addition, the Clerk reported that she had sought a quotation from Zurich Insurance which had been received in the sum of £494.11 for a one year deal and £488.42 for a three year agreement.  It was reported this was a like for like quotation with some areas having increased cover i.e. Fidelity Guarantee of £250,000 compared to £15,000 with AoN.

The Clerk was requested to enquire whether the Public Liability and Personal Accident covered the play areas and subject to this it was proposed by Mr. S. Grimwood and seconded by Mr. G. Lewis that the Zurich quotation for a one year deal be accepted.

(g) Website

The Councils requirement to publish the Members register of interests was discussed.  The Clerk was asked to make enquiries with the County Council as to what exactly was required.

Mr. G. Rees agreed to assist with the maintenance of the website and Members agreed to the purchase of an Editpad licence.

16/15 RECYCLING FUNDS

 The following requests for financial assistance were received:-

 Llanyre

 Fron WI – request for assistance towards the cost of purchasing fabric and wood for a banner for the branch.  Members wished to receive assurance that the WI had sufficient funds to make up the balance and subject to this, it was agreed that a donation of £90 be approved.

 Llanyre Church – request for financial assistance towards the cost of maintaining the Church yard.  It was agreed that a donation of £90 be approved.

 Newbridge-on-Wye

 Mr. S. Grimwood declared an interest in this item and left the meeting whilst it was discussed
 Angling Club – request for financial assistance towards the costs of maintaining the subscriptions and re-stocking the river.  It was agreed that a donation of £80 be approved.
 Mr. S. Grimwood returned to the meeting.

 Mrs. P. Abbott declared an interest in this item and left the meeting whilst it was discussed
 Newbridge-on-Wye WI – request for financial assistance towards the cost of a President’s Badge and competitions trophy in celebration of the centenary of the National Federation.  It was agreed that a donation of £80 be approved.


 Mrs. P. Abbott returned to the meeting.

17/15 DATE OF NEXT MEETING

 The date of the next meeting was confirmed as Tuesday, 9th June, 2015 at 7.30 p.m.

There being no further business the Chairman closed the meeting at 10.00 p.m.

The Members discussed the following item in their capacity as Custodial Trustees:-

NEWBRIDGE-ON-WYE COMMUNITY CENTRE

(a) Up-date from Mr. G. Jones – a copy of an e-mail between Mr. G. Jones and Mr. G. Eales and Mr. D. Micah was received from which it was noted that the following were Mr. G. Jones’ recommendations:-

1. All building and energy costs are to be met by the Authority through the schools delegated budgets and other central repairs and maintenance budgets;
2. That the letting fees from the letting of the hall to community groups and the public are split 60% school and 40% community management committee;
3. That for large events the split of the lettings are 60%/40% as above or as varied by the agreement of the school and the management committee.

Members received this information with pleasure and it was proposed that items 1 and 2 be agreed and that item 3 be removed.  The Clerk was asked to inform Mr. Jones accordingly.

(b) Formal Complaint from Mrs. V. Laurie

The Clerk confirmed that she had replied to Mrs. Laurie following the last meeting, following which she had requested to attend this meeting.  In the meantime, it was noted that Councillor W. J. Evans had met with Mrs. Laurie and she had confirmed that she was purchasing new signs to be put out.

(c) Insurance

Correspondence was received from Mr. G. Jones confirming that Powys County Council insure the Community Centre.  The Clerk had, therefore, clarified with Mr. Jones that the Trustees were only responsible for the Public Liability element during the community hours and this was confirmed in an e-mail dated 11th May, 2015.  The Clerk had, therefore, sought quotations for the public liability element only and these were as follows:-

- AoN the current insurers -£304.32 and
- Tennyson - £211.47

It was agreed that the quotation from Tennyson Insurance be accepted.


STEPHEN POWELL  (Chairman)






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