Meeting documents

Isle of Anglesey County Council
Thursday, 18th October, 2007

EXTRAORDINARY MEETING OF THE ISLE OF ANGLESEY COUNTY COUNCIL

 

Minutes of the meeting held on 18 October, 2007 (1.30pm)  

 

PRESENT:

 

Councillor W. J. Williams MBE - Chairman

 

Councillor John Roberts - Vice-Chairman

 

Councillors Mrs. B. Burns MBE, John Byast, W. J. Chorlton,

J. M. Davies, E. G. Davies, J. Arwel Edwards, Keith Evans,

C. Ll. Everett, P. M. Fowlie, D. R. Hadley, D.R.Hughes,

Mrs. Fflur M. Hughes, R. Ll. Hughes, W. I. Hughes, Eric Jones,

H. Eifion Jones, J. Arthur Jones, O. Glyn Jones, A. M. Jones,

T. H. Jones, Bryan Owen,G. O. Parry MBE, Bob Parry, OBE,

D. A. Lewis Roberts, G. W. Roberts, OBE, J. Arwel Roberts,  

W. T. Roberts, P. S. Rogers, E. Schofield,Hefin W. Thomas, John Williams.

 

 

 

IN ATTENDANCE:

 

Managing Director

Corporate Director (Finance)

Corporate Director (Education & Leisure)

Corporate Director (Environment & Technical Services)

Corporate Director (Housing and Social Services)

Director of Legal Services / Monitoring Officer

Head of Service (Policy)

Head of Service (Property)

Solicitor to the Monitoring Officer (RMJ)

Committee Services Manager

Communications Officer

 

 

 

APOLOGIES:

 

Councillors P.J.Dunning, G.O.Jones, R.Ll.Jones, R.L.Owen,G.Allan Roberts, J.Rowlands, K.Thomas

 

 

 

 

 

 

 

The meeting was opened with a Prayer by Councillor P.M.Fowlie.

 

Note: The Chairman vacated the Chair at approximately 2.30pm and was not present for the remainder of the meeting. The Vice-Chair took the Chair.

 

1   DECLARATIONS OF INTEREST

 

Councillor O. Glyn Jones declared an interest with regard to any item of business on the Agenda which might relate to the employment of his wife and daughter within the Housing and Social Services Department.

 

Councillor R.Ll. Hughes declared an interest in respect of any item of business on the Agenda which might relate to the employment of his son in the Highways Department.

 

Councillor Fflur. M. Hughes declared an interest with regard to any item of business on the Agenda which might relate to the employment of her son within the Education Department.

 

 

 

Councillor C.Ll.Everett declared an interest in respect of any item of business on the Agenda which might relate to the employment of his daughter in the Human Resources Department.

 

 

 

Councillor W. J. Chorlton declared an interest in respect of any item of business on the Agenda which might relate to the employment of his daughter in the Environmental Services Department.

 

 

 

Councillor A.M. Jones declared an interest with regard to any item of business which might relate to the employment of his brother in the Education and Leisure Department.

 

 

 

Councillor R.G.Parry,OBE declared an interest in Item 2(i) of these minutes and was not present at the meeting during any discussion or voting thereon.

 

 

 

Councillor H.W.Thomas declared an interest in any item of business which might relate to the business interests of his wife.

 

 

 

Councillor G.W.Roberts,OBE declared an interest in any item of business which might relate to the employment of his daughter in the Environmental Services Department.

 

 

 

Councillor Eric Jones declared an interest in any item of business which might relate to the Council’s Residential Homes.

 

 

 

2

TO RECEIVE ANY ANNOUNCEMENTS FROM THE CHAIRPERSON, LEADER, MEMBERS OF THE EXECUTIVE OR THE HEAD OF PAID SERVICES

 

 

 

The Chair on behalf of Members and Officers extended his deepest sympathy to Councillor R.Ll.Jones and family upon the loss of his father-in-law.

 

 

 

Members and officers stood in silent tribute as a mark of their respect.

 

 

 

3   EXTRAORDINARY MEETING OF THE COUNTY COUNCIL

 

 

 

In accordance with Para 4.1.3.1. of the Council Constitution, the Chairperson had called an extraordinary meeting of this Council following a requisition for that purpose, signed by seven members of the Council.

 

 

 

The requisition read as follows:-

 

 

 

“1. The Council resolves that the Executive manages the Small Holdings in accordance with the existing “Small Holdings Policy,” which involved implementation of Constitution 2.1.3(2) securing full consultation for stakeholders before being fully adopted by Council on the 16th May, 2003.

 

 

 

2. The Council resolves to support the re-opening of the Gaerwen/Amlwch Railway Line Project as outlined by “Anglesey Central Railway” who have been offered a 99 year lease by Network Rail.”

 

 

 

The requisition was signed by the following Councillors:-

 

 

 

Councillors E.G.Davies, P.M.Fowlie, W.I.Hughes, O.Glyn Jones, T.H.Jones, A.Morris Jones, B.Owen.

 

 

 

1. Smallholdings Policy.

 

 

 

(Letters of objection to the sale of Council smallholdings by Llanerch-y-medd and Rhosybol Community Councils were tabled at the meeting)

 

 

 

Councillor Tom Jones spoke on behalf of the proposal. He stated that the future of the Council’s Smallholdings Estate was one of vital importance to the farming industry and the Island as a whole.

 

He referred to the Smallholdings Policy document adopted by Council in May 2003 and that at that time, full consultation had taken place with the farming industry.

 

 

 

He asked the Council to once again fully consult with the farming industry if the Executive were going to deviate from this policy. He further argued that the Executive’s decision was contrary to the Constitution, which was to support the active participation of citizens in the process of formulating decisions made by local authorities.

 

 

 

He also referred to the fact that under Para 3.2.2.1 of the Constitution, the Council’s Asset Management Plan was a matter that should only be adopted by full Council.This matter had also been drawn to the attention of the District Auditor who had confirmed that the Smallholdings Estate was part of the Asset Management Plan and was therefore the responsibility of full Council.

 

 

 

He requested the Council to adhere to the 2003 Policy until such time as the Council accepted a policy which had been endorsed by full Council and which would give a clear direction for the future.

 

 

 

The Monitoring Officer stated that it was open for the Council today to debate and to vote on the direction the Council itself would like to see the Smallholdings Policy take. Regardless of the decision taken by the Council today, she had to advise officers in the Property Section that the lawful policy they had to follow at the present time was the policy that the Executive adopted on 21st May, 2007.

 

 

 

At the present time, the policy on Smallholdings was to be determined by the Executive and not by full Council. Under Para 4.3.2.7(i) of the Constitution, the policy framework, being the policies and strategies to be decided by full Council stated “ that at the date of the adoption of this Constitution (7th May 2002), such plans and strategies as have already been adopted by the Council comprise the Council’s policy framework.” The Constitution then went on to explain the process for changing and adding to the policy framework. The Smallholdings Plan referred to here today was adopted in 2003 and therefore post-dated the Constitution. For it to become the responsibility of full Council, rather than the Executive, there was a specific process that had to be followed. The final word at the end of the day rested with the Council, but this change could not take place by means of a Notice of Motion and a debate today.

 

 

 

Councillor H.W.Thomas, Portfolio Holder, was at a loss to understand why this matter had been raised today since at the last Council meeting on 18th September,2007, it was made clear that a Panel would be established to look at Smallholdings and that it would take on board the views of relevant the stakeholders. The Panel had been established and it would meet shortly.

 

 

 

Councillor P.M.Fowlie proposed that the Council defer making a decision regarding the sale of Chwaen Newydd smallholding and that the Panel referred to should immediately move ahead to gain the views of stakeholders.

 

 

 

The Monitoring Officer reported that this Council had been called as an extraordinary meeting and no business was to be transacted at a meeting called by members other than that specified in the published notice. What had been proposed by Councillor Fowlie in relation to Chwaen Newydd was a  separate matter and should not be discussed at this meeting.

 

 

 

Councillor H.W.Thomas, as Portfolio Holder, proposed the following amendment:-

 

 

 

“That the Panel set up to review Smallholdings should be allowed to complete their work and report back to the Executive with their recommendations. Such review to take on board the views of all relevant stakeholders. That any sales previously decided upon by the Executive should proceed and that there be a suspension of any further sales pending the completion of the review.”

 

 

 

Under the provisions of Council Rule 18.5 it was agreed that a recorded vote be taken on the matter.

 

 

 

 

 

The voting was as follows:-

 

 

 

For the amendment put forward by Councillor H.W.Thomas as referred to above:-

 

 

 

For: Councillors Councillors J.Byast, Mrs.B.Burns,MBE, W.J.Chorlton, J.M.Davies, K.Evans, C.L.Everett, D.R.Hadley, D.R.Hughes, H.E.Jones, J.A.Jones, D.Lewis Roberts, J.Roberts, J.Arwel Roberts, W.T.Roberts, G.W.Roberts,OBE, H.W.Thomas, J.Williams, W.J.Williams.

 

     (Total 18)

 

 

 

Against: Councillors Councillors E.G.Davies, J.Arwel Edwards, P.M.Fowlie, Ff.M.Hughes, R.Ll.Hughes, W.I.Hughes, A.Morris Jones, Eric Jones, O.Glyn Jones, T.Jones, B.Owen, G.O.Parry,MBE, P.S.Rogers, E.Schofield.

 

(Total 14)

 

 

 

Abstentions: None

 

 

 

The amendment was therefore carried.

 

 

 

2. Gaerwen/Amlwch Line.

 

 

 

The following letters were tabled at the meeting:

 

 

 

Ÿ

Letters supporting the re-opening of the branch line by Aberffraw and Llanerch-y-medd Community Councils.

 

Ÿ

Letter by Rhosybol Community Council who were of the view that a railway line and a cycle track should run side by side.

 

Ÿ

Information by Councillor Fflur M.Hughes on behalf of Grwp Lôn Las Môn supporting the use of a footpath/cycle route.

 

Ÿ

Correspondence from Network Rail and the Head of Service (Highways and Transportation)

 

 

 

Councillor E.Schofield spoke on behalf of the proposal. He stated that from a Council point of view,  the status quo was not acceptable. There was a 25 mile scar of weeds presently running across the centre of Anglesey which had great economic potential. A decision had to be taken so that an economic benefit to the Island could be achieved from this redundant track.

 

 

 

Councillor Schofield went on to provide the Council with information as to expressions of support from interested parties with regard to re-activating the branch line.

 

 

 

Councillor Ff.M.Hughes drew Members attention to the information contained within the leaflet that she had tabled by Grwp Lôn Las Môn, and in particular to the health benefits that would accrue as a result of its use as a cycleway, footpath and bridlepath. She implored the Council to adhere to its previous decision in this respect.

 

 

 

Councillor C.L.Everett was of the opinion that the actual issue being debated today in the Chamber was not a decision for the Council and that Network Rail could at the end of the day lease the track to whoever it wished. He did however, question if Anglesey Central Railways had the capital funding to proceed with the scheme, which would include them being responsible for the repair and maintenance of the numerous bridges that traversed the line.

 

 

 

The Leader stated that since the opening of the Anglesey Coastal Path, the Island’s economy had benefited by roughly £8-10m. He felt that it was important for the Council to adhere to its decision of 6th March, 2007, that the preferred option for the Line was to be that of a cycle,walking and bridlepath route. He asked the Council to support Councillor Fflur M.Hughes in this respect.

 

 

 

Councillor E.Schofield referred to the e-mail dated 16th October,2007, where a representative of Network Rail had verbally confirmed that they were moving ahead to make an offer of a 99 year lease to Anglesey Central Railways within a few weeks. Having listened to the debate in the Chamber today, he felt that Network Rail, Anglesey Central Railways and Sustrans should come together for the benefit of the Island as a whole and that this Authority should support dual use of the track.

 

 

 

Councillor Schofield therefore proposed that the Council should make it clear to Network Rail that this Council supported dual use of the track and that Network Rail should ultimately decide upon the way they wanted the lease to go. Should needs dictate,this Authority would be prepared to act as mediator between the interested parties.

 

 

 

 

 

 

 

 

 

The proposal put forward by Councillor E.Schofield was not carried and it was RESOLVED to endorse the previous resolution of this Council held on 6th March 2007.

 

 

 

 

 

                    The meeting concluded at 3.55 pm

 

 

 

 

 

COUNCILLOR W.J.WILLIAMS

 

CHAIR (Until 2.30pm)

 

 

 

COUNCILLOR JOHN ROBERTS (VICE-CHAIR)(Thereafter)