Meeting documents

Investments and Contracts Committee – the charity funds are now administered by the private registered charity, Y Gymdeithas, and the County Council is no longer the trustee
Monday, 20th August, 2007

ISLE OF ANGLESEY CHARITABLE TRUST

INVESTMENTS AND CONTRACTS SUB-COMMITTEE

 

Minutes of the meeting held on 20 August, 2007

 

PRESENT:

 

Mr. G.W.Roberts OBE (Chairman);

 

Messrs E.G.Davies; Aled Morris Jones; H.Eifion Jones;

J.Arthur Jones; R.G.Parry OBE; John Roberts; Elwyn Schofield;

 

Mr. C.L.Everett - Chairman Isle of Anglesey Charitable Trust;

 

 

 

IN ATTENDANCE:

 

Treasurer;

Committee Officer (JMA);

 

 

 

ALSO PRESENT:

 

Mr Ian Carruthers (in respect of Item 2).

 

 

 

 

ITEMS TAKEN IN PUBLIC

 

Prior to commencing the Agenda for the meeting, the Chairman welcomed Mr Schofield to his first meeting following a lengthy period of absence due to ill health.

 

 

1

DECLARATION OF INTEREST

 

There was no declaration of interest by either a Member or Officer in respect of any item on the Agenda. Councillor J.Arthur Jones stated he was unable to state categorically that he did not have an interest to declare until such time as the discussion unfolded. He left the meeting during the early part of the discussion on item 2 and returned in due course at the invitation of the Chairman.

 

 

ITEM TAKEN IN PRIVATE

 

 

2

CHARITABLE TRUST LAND AT RHOSGOCH

 

Prior to inviting Mr Carruthers to update the Sub Committee, enquiries were made regarding the current situation on the site at Rhosgoch. The Treasurer acknowledged that the legal process was slow moving, however, an initial Hearing had been held on 16 July 2007. The case had been adjourned until September when all the relevant papers would be available to place before the Court.

The Treasurer confirmed the issue was being dealt with from a Trespass aspect and a Repossession Order will be applied for.

 

Members expressed their concerns regarding the precariousness of the situation from an environmental, social services and health and safety aspect . The lack of control measures and security were raised following further theft from the site. The Treasurer confirmed that reports of the theft of railway track from the site had been received and that the matter had been referred to the Police. It was understood that North Wales Police have apprehended a suspect, unconnected with the trespassers.

 

 

 

The Sub Committee highlighted the need for strong definition between the role of the Charitable Trust and the County Council in this matter.

 

 

 

The Chair of the Trust emphasised he wished to be kept informed of any incidents and/or developments at the site. He also raised the possibility of Microwave Links being established which it may be possible to monitor from Gofal Mon.

 

 

 

It was AGREED that a meeting of this Sub Committee be held following the Court Case in September and that an update be given to members from both a legal perspective and on any progress made by North Wales Police.

 

 

 

It was noted that the quarterly meeting with HSBC Investments had been cancelled with a copy of the investment managers’ quarterly report having been sent to members. IT WAS AGREED that the Sub Committee should proceed with a view to meeting with the Investment Managers twice a year, whilst receiving the quarterly, reports, but that that the situation be kept under review.

 

 

 

The Chairman invited Mr Ian Carruthers to address the meeting. Mr Carruthers reported he had contacted Solicitors for both the parties who had expressed an interest in the site.

 

 

 

Company A had expressed a strong interest in 100 acres on the Western part of the site and had submitted a bid for the land. Mr Carruthers recommended the issue should be progressed with the basis of the transaction being a Conditional Contract subject to reasonable conditions and an agreed time table.

 

 

 

Company B had failed to provide any details of their proposals for the site.  A letter had been received from them, part of which was read out by the Treasurer. Members were of the view that the tone of the letter was unhelpful and did little to establish their confidence in working with the Company.  As the letter made reference to the Chairman of the Trust, it was AGREED that a response to that part of the letter should be from him.

 

 

 

The discussion continued with regard to Company A and other possible use of the site. The Treasurer informed the meeting he had received telephone calls regarding a further two potential interests in the site. Whilst no firm offer had been made it may be prudent to continue discussions with them and

 

invite them to submit a written notice of interest or an offer.

 

 

 

Pursuant to an earlier request of the Sub Committee, the Treasurer reported that he had spoken to the Charity Commission regarding seeking their consent to a disposal other than by the route of seeking a qualified surveyor’s report. In principle, it appeared that further correspondence would be required, but that such consent might be a way of allowing the Charitable Trust a means of taking account of its wider objects in any disposal.

 

 

 

The following issues were discussed:

 

 

 

Ÿ

One other possible use of the site was acknowledged;

 

Ÿ

Members welcomed the firm interest being shown by Company A and acknowledged its principled interest in the past;

 

Ÿ

Concern was raised that Company A would have sole control of the site for a possible period of two to three years without having paid the Trust a deposit for the privilege;

 

Ÿ

It was suggested that the surveyor could discuss further with Company A to ascertain whether they would be prepared to pay a deposit for the site;

 

Ÿ

Conditions which could be imposed on the Conditional Contract including time clauses were discussed;

 

Ÿ

Members emphasised the importance of ensuring the site continues to be marketed as being available until such time as a contract has been agreed

 

Ÿ

and signed;

 

Ÿ

The Charity Commissions view regarding the development of the site was acknowledged;

 

 

 

Following a lengthy discussion on the options available to the Sub Committee it was RESOLVED:

 

 

 

2.1

to defer a final decision for a period of two to three months pending further negotiations between the Surveyor and Company A;

 

2.2

that the Chairman and Vice Chairman of this Sub Committee request a meeting with Ieuan Wyn Jones AM to discuss possible development of the site;

 

 

 

 

 

 

 

GARETH WINSTON ROBERTS OBE

 

CHAIRMAN