Agenda and minutes

The Mayor invited his Chaplain, the Reverend Chris Henley, to formally accept his Badge of office. The Reverend Henley then led the Council in prayer.

To confirm as a correct record the minutes of the Council meeting held on 22 October 2020 and re-convened on 29 October 2020.

Councillor R.A. Smith-Ainsley raised an issue in respect of the accuracy of written answers provided to questions presented at previous meetings.  He was concerned that by agreeing to the accuracy of the minutes, councillors were indicating acceptance of the written responses as accurate and there was no way of addressing this.

The Monitoring Officer invited Councillor Smith-Ainsley to write to her with the details of the responses he believe to be inaccurate and request her to investigate.

The minutes of the Council meeting held on 22 October and the re-convened Council meeting held on 29 October 2020, were agreed as correct records.

During consideration of this item and in accordance with Standing Order 24.3, it was moved by the Mayor, seconded and

Resolved that Councillor N. Cornes be not heard further.

To receive any disclosures of interest from Councillors in accordance with the Council’s Code of Conduct for Members.

There were no disclosures of interest.

To receive any announcements from the Mayor.

The Mayor reported on some of the events he had been able to undertake since the last Council meeting.

He commented that this year had been unlike any other, with many restrictions on the activities the Mayor would usually undertake, such as attending charity events and visiting local schools and organisations. He said it was sad that these events, being an integral part of the Mayor’s year to highlight the work of the organisations which drive the heart of our community, had not taken place but he was very optimistic for the future and looked forward to putting this difficult year behind us.

To receive any announcements from the Leader.

The Leader made the following announcements:

“When I became Leader, I and my leadership team made a number of commitments.

We said we were going to be more open and transparent than the previous administration, give residents and Councillors a real voice, and be more focused on the needs of residents. I am pleased to say that we have made real progress in this.

In my first few weeks as leader I arranged for residents’ associations to speak directly to myself. We have met a couple of times and I appreciate the feedback which has led in principle to a 20mph zone in Laleham. I wish to thank all the resident’s associations for their dedication and working with ward councillors to improve local areas.

We have worked in partnership with Public Health at Surrey County Council to introduce Spelthorne Covid champions, the first scheme to be launched in Surrey. The scheme presents an opportunity for the Council, Public Health England and residents to work together to support our community and ensure effective, informative and timely communications are reaching our residents

After being hospitalised due to Covid-19 in March, I know personally how important it is to keep everyone updated and safe from this virus, so I am very pleased we have over 30 Champions in Spelthorne.

I would like to take this opportunity, and ask councillors to join me in thanking the groups of volunteers across the borough who have signed up to be Covid champions. You really are amazing! 

We continue to work hard to support businesses and our high streets during the pandemic, by encouraging residents to shop safely in our town centres. We have recruited town centre managers for Ashford, Shepperton and Sunbury to take a proactive role in the  revival of our town centres.

We also created two new Task Forces to review and make recommendations on the Local Plan for Spelthorne and the Staines Development Group. A number of obstacles have been thrown in our path as we have sought to deliver on these pledges, but we are determined to deliver on them.

We know there is a great deal of opposition, across the community and in this Council, to Staines becoming a high-rise heaven for developers at the expense of making the town a great place to live, work and visit. We don’t want to become another dormitory town of shoe-box size flats in tower blocks for commuters – an approach that has already permanently disfigured other towns in Surrey and elsewhere.

We want to ensure the town’s infrastructure and amenity is enhanced for all its residents, protecting its personality, skyline and public realm.

We need to work to do the best that can be achieved while also accommodating other factors such as protection of Green Belt.

If we need to bring in new outside experts to help us with this, we will. And we will ensure there is a proper full consultation in due course with residents before any new Local or Town  ...  view the full minutes text for item 287/20

To receive any announcements from the Chief Executive.

The Chief Executive, Daniel Mouawad, expressed his deepfelt appreciation for the truly inspirational commitment, staff across the Council had shown over the past nine months, working in support of local communities and businesses.

He wished everyone the prospect of a healthier new year

The Leader, or his nominee, to answer any questions raised by members of the public in accordance with Standing Order 14.

Note: the deadline for questions to be considered at this meeting is 12 noon on Thursday 3 December 2020.

No questions were received from the public.

To receive any petitions from members of the public.

There were none.

To receive a verbal update on the financial impact of Spelthorne Borough Council’s emergency response to COVID-19.

The Chief Finance Officer provided a verbal update (full report attached) on the financial implications of COVID-19 for the Council.

To receive an update report from the Constitution Review Task Group on progress with arrangements for changing to a Committee system of governance.

The Council considered the report of the Committee System Working Group on progress with the change to a Committee system of governance.

During consideration of this item and in accordance with Standing Order 24.4, it was moved by the Mayor, seconded and

Resolved to remove Councillor N. Cornes from the meeting.

Following debate on the item, it was

Resolved to approve the proposed committee system structure as shown at Appendix 1 to the report and the content of the proposed public consultation questionnaire.

To consider the report of the Monitoring Officer on the appointment of co-opted members to the Council.

The Council considered the report of the Monitoring Officer on the appointment of Co-opted members of the Council.

Resolved to appoint Ian Winter as the Chair of the Members’ Code of Conduct Committee and Dylan Price as the Vice Chair of the Members’ Code of Conduct Committee, until the next Annual Council meeting in May 2021.

The Council considered the recommendation of the Cabinet on revisions to the Anti-Fraud, Bribery and Corruption Strategy which is included as Part 5(f)  in the Council’s Constitution.

Resolved to approve the amendments to the Anti-Fraud, Bribery and Corruption Strategy, as attached at Appendix 1 to the report.

The Council considered the recommendation of the Cabinet on adoption of a Public Space Protection Order (PSPO) relating to dog control in accordance with the Anti-social Behaviour, Crime and Policing Act 2014 and the imposition of fixed penalty notices for breaches of the PSPO

Resolved that Council:

1.    makes a Public Space Protection Order (PSPO) relating to dog control with the listed offences set out in Appendix A to the report, in accordance with the Anti-social Behaviour, Crime and Policing Act 2014;

2.    adopts the Fixed Penalty Notices for breaches of the Dog Control PSPO which currently stand at £100; and

3.    delegates authority to the Group Head of Neighbourhood Services to issue Fixed Penalty Notices for breaches of the above PSPO.

To consider the recommendation of the Audit Committee in relation to amendments to the Confidential Reporting Code (Whistle Blowing Policy) in the Constitution.

The Council considered the recommendation of the Audit Committee on revisions to the Confidential Reporting Code, set out at Part 5(e) in the Council’s Constitution, following its annual review.

Resolved to approve the amendments to the Confidential Reporting Code, as attached to the report.

To receive the reports from the Leader of the Council on the work of the Cabinet at its meetings held on 4 November 2020 (attached) and 3 December 2020 (to follow).

The Leader of the Council, Councillor J.R. Boughtflower, presented the reports of the Cabinet meetings held on 4 November 2020 and 3 December 2020 which outlined the matters the Cabinet had decided since the last Council meeting.

To receive the report from the Chairman of the Audit Committee on the work of his Committee.

The Chairman of the Audit Committee, Councillor L.E. Nichols, presented his report which outlined the matters the Committee had decided since the last Council meeting.

To receive the report from the Chairman of the Overview and Scrutiny Committee on the work of her Committee.

The Chairman of the Overview and Scrutiny Committee, Councillor V.J. Leighton, presented her report which outlined the matters the Committee had decided since the last Council meeting.

To receive the report from the Chairman of the Planning Committee on the work of his Committee.

Councillor M. Gibson, Vice-Chairman of the Planning Committee, presented the report on behalf of the Chairman, Councillor T. Lagden, which outlined the matters the Committee had decided since the last Council meeting.

To receive any motions from Councillors in accordance with Standing Order 19.

Note: The deadline for motions to be considered at this meeting was Monday 30 November 2020 and four were received.

Motion 1

Fireworks

1.    To require all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people

2.    To actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people – including the precautions that can be taken to mitigate risks

3.    To write to the UK Government urging them to introduce legislation to limit the maximum noise level of fireworks to 90dB for those sold to the public for private displays

4.    To encourage local suppliers of fireworks to stock ‘quieter’ fireworks for Public use.

Proposed by Councillor D. Saliagopoulos

Seconded by Councillor T. Lagden

Motion 2

We would like to propose a vote of thanks to our Officers, as well as our Key Workers and Volunteers, for all their hard work during 2020 with the challenges that have arisen due to the pandemic.  We hope that in the New Year of 2021 we can look forward to a return to normality and working together as a strong team to best serve the needs of our residents.

Proposed by Councillor S. Dunn

Seconded by Councillor R.W. Sider BEM

Motion 3

Spelthorne Borough Council notes with grave concern the budget cuts being forced upon Surrey Fire and Rescue Service (SFRS) by Surrey County Council’s (SCC) Fire Authority which will result in the risk to the public and firefighters soaring to an alarming and unacceptable level.

The budget cuts imposed on SFRS by SCC have resulted in a litany of hazardous consequences for firefighters, the constituents of Spelthorne and Surrey, which include the following:

·         Implemented in April 2020, Phase 1 of SCC cuts removed four fire engines from night cover which includes one from Spelthorne’s night time cover. As 75% dwelling fire deaths occur at night, Spelthorne Borough Council believes this is an extremely dangerous and reckless cut. Phase 2 will cut a further three night cover fire engines effecting Egham, Banstead and Painshill, which will also have a detrimental effect on Spelthorne as Spelthorne relies on these neighbouring areas for additional cover.

·         Phase 2 of the Making Surrey Safer Plan calls for only 350 operational firefighters, which constitutes a 30% reduction in personnel since 2010.

·         On top of that, many firefighters have left the service to transfer to other FRSs as they are no longer willing to work in an environment where their health and safety is endangered or accept a 12 hour shift system imposed without negotiation which has had severe impacts on their work life balance. Others have suffered imposed pay cuts which range from 6% to 26%.

·         Whole-time fire engines crew have been reduced from 5 to 4 despite the fact that according to the Fire Brigade Union, the safety  ...  view the full agenda text for item 301/20

The Mayor announced that in accordance with Standing Order 17 the Council received four written Notices of Motions.

Motion 1

Councillor D. Saliagopoulos moved and Councillor J.R. Sexton seconded the following motion:

1.    To require all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people

2.    To actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people – including the precautions that can be taken to mitigate risks

3.    To write to the UK Government urging them to introduce legislation to limit the maximum noise level of fireworks to 90dB for those sold to the public for private displays

4.    To encourage local suppliers of fireworks to stock ‘quieter’ fireworks for Public use.

Councillor S.M. Doran left the meeting at this point.

Councillor M. Gibson proposed the following amendment by the addition and deletion of words, which was seconded by Councillor J.R. Boughtflower:

1.    To require all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people and actively encouraging neighbouring authorities to do the same

2.    To actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people– including the precautions that can be taken to mitigate risks in conjunction with the RSPCA and the wealth of experience it can impart

3.    To write to the UK Government urging them to introduce legislation to limit the maximum noise level of fireworks to 90dB for those sold to the public for private displays

4.    To ask the UK Government to legislate at national level to encourage for local suppliers of fireworks to stock ‘quieter’ fireworks for Public use.

The amendment was put to the vote and agreed.

The substantive motion was then put to the vote and carried.

Resolved:

1.   To require all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people and actively encouraging neighbouring authorities to do the same

2.   To actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people– including the precautions that can be taken to mitigate risks in conjunction with the RSPCA and the wealth of experience it can impart

3.   To write to the UK Government urging them to introduce legislation to limit the maximum noise level of fireworks to 90dB for those sold to the public for private displays

4.   To ask the UK Government to legislate at national level for local suppliers of fireworks to stock ‘quieter’ fireworks for Public use.

Motion 2

The following motion was proposed by Councillor S.A. Dunn and seconded by Councillor R.W. Sider, BEM:

“We would like to propose a vote of thanks to our Officers, as well as our Key Workers  ...  view the full minutes text for item 301/20

The Leader, or his nominee, to answer questions from Councillors on issues in their Wards, in accordance with Standing Order 15.

Note: the deadline for questions to be considered at this meeting is 12 noon on Thursday 3 December 2020.

There were no questions on Ward issues.

The Leader, or his nominee, to answer questions from Councillors on matters affecting the Borough, in accordance with Standing Order 15.

Note: the deadline for questions to be considered at this meeting is 12 noon on Thursday 3 December 2020.

At the time of the publication of this agenda, two questions were received.

Question from Councillor Ian Harvey

“Can the Leader please confirm that all matters are on track for the transition to the Committee System, as per Council Resolution of 30^th July, and that this will indeed come into effect from the Annual Council Meeting in May 2021? If not can he please explain why not?”

Question from Councillor Richard Barratt

“Evidence has been provided to me that a Councillor and others have potentially breached environmental rules in that they used land at Napper's Paddock Wheatsheaf Lane for which they are responsible to store trade waste and rubbish to the detriment of the local environment. When directed to remove it by council officers they chose to burn it on two occasions (10th and 13th November 2020) causing pollution, explosions, risk to the wildlife and environment leading to the unnecessary call out of the Surrey Fire brigade.

Local residents are deeply concerned at this alleged action by a local councillor and have complained. Apparently, the action was aggravated by alleged claims told to the fire brigade claiming they had an environmental licence to burn the waste.

1.    Does the leader consider that this action is in breach of the policy recently issued by Spelthorne Borough Council declaring a climate emergency?

2.    Does the leader consider this has brought the council into disrepute?

3.    Does the council condone such behaviour by a serving borough councillor?

4.    What action does the council intend to take, bearing in mind the unnecessary additional cost to the fire brigade and the environmental catastrophe that occurred, due to the actions of this councillor?” 

The Mayor reported that seven general questions had been received, in accordance with Standing Order 15, from Councillors R.O. Barratt, I.T.E. Harvey and B.B. Spoor.

1. Question from Councillor Ian Harvey

“Can the Leader please confirm that all matters are on track for the transition to the Committee System, as per Council Resolution of 30^th July, and that this will indeed come into effect from the Annual Council Meeting in May 2021? If not can he please explain why not?”

Response from Councillor John Boughtflower:

“Thank you for your question, Councillor Harvey. As you will note from the update report to Council on this matter, the change to a Committee system of governance is on track and progressing well. I would like to put on record my thanks to officers for their efforts in facilitating this in such challenging times.”

2.    Question from Councillor Richard Barratt

“Evidence has been provided to me that a Councillor and others have potentially breached environmental rules in that they used land at Napper's Paddock Wheatsheaf Lane for which they are responsible to store trade waste and rubbish to the detriment of the local environment. When directed to remove it by council officers they chose to burn it on two occasions (10th and 13th November 2020) causing pollution, explosions, risk to the wildlife and environment leading to the unnecessary call out of the Surrey Fire brigade.

Local residents are deeply concerned at this alleged action by a local councillor and have complained. Apparently, the action was aggravated by alleged claims told to the fire brigade claiming they had an environmental licence to burn the waste.

1.         Does the leader consider that this action is in breach of the policy recently issued by Spelthorne Borough Council declaring a climate emergency?

2.         Does the leader consider this has brought the council into disrepute?

3.         Does the council condone such behaviour by a serving borough councillor?

4.         What action does the council intend to take, bearing in mind the unnecessary additional cost to the fire brigade and the environmental catastrophe that occurred, due to the actions of this councillor?” 

Response from Councillor John Boughtflower:

“Thank you for your question Cllr Barratt.  The Environmental Health Team are currently investigating a matter regarding waste at Wheatsheaf Lane, Staines-upon-Thames and as this is still ongoing no further information can be provided at this time to ensure that this investigation is not compromised.

There has been speculation that this investigation involves a Councillor. If this is the case, then this person would have been acting in a private capacity and not whilst acting as a Councillor.  In such circumstances the Council’s Code of Conduct is not applicable.”

3.    Question from Councillor Ian Harvey

“Can the Leader please confirm that his administration remains implacably opposed to a single Surrey Unitary Authority which would result in the dissolution of Spelthorne and the potential loss of income, services and assets to this Borough. I ask this due to the very close links between his “administration”  ...  view the full minutes text for item 303/20

To consider the appointment of Council representative Trustees to the following charities:

1.    Staines Parochial Charity

The appointment of Mrs J. Stillwell for a four year term of office to December 2024.

2.    Laleham Charities – Mary Hodgson and Mary Reeve

The re-appointment of Mr B. Morgan for a further four year period ending in December 2024 and the appointment of Ms J. Smith for a four year term of office to December 2024.

Staines Parochial Charity

It was proposed by Councillor J.R. Boughtflower and seconded by Councillor J. McIlroy and

Resolved that Mrs. J. Stillwell be appointed as a Council representative trustee to serve on the Staines Parochial Charity for a four year term of office until December 2024.

Laleham Charities – Mary Hodgson and Mary Reeve

It was proposed by Councillor J.R. Boughtflower and seconded by Councillor J. McIlroy and

Resolved that Mr. B. Morgan be reappointed and Ms. J. Smith be appointed as Council Representative Trustees to serve on the Laleham Charities – Mary Hodgson and Mary Reeve for a four year term of office until December 2024.

Resolved to move the exclusion of the Press and Public for the following item in view of the likely disclosure of exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006.

Councillor V. Siva left the meeting before consideration of this item and Councillor S.M. Doran re-joined the meeting for this item.

The Council considered the recommendation of the Council in relation to the Capital monitoring report for quarter 2.

Councillor L.E. Nichols had previously indicated that he wished to raise a question in relation to the virement to individual Development Projects that may require the disclosure of exempt information and accordingly the recommendation was considered under Part 2.

The Leader advised that a detailed response to Councillor Nichol’s questions would be sent to all councillors after the meeting.

A recorded vote was requested by Councillor J.R. Sexton

Resolved that Council:

1.         approves a Supplementary Capital Estimate of £40,000 for a replacement minibus to be funded from Revenue Reserves; and

2.         agrees that the amount of £15,730,000 be allocated by virement from Future Development Projects to the individual Development Projects in 2020/21.

The Mayor thanked Rev Chris Henley for acting as Chaplain this year and for attending this meeting.

The Mayor said that whilst Christmas was a time for families to reunite and enjoy the festive season, care should be taken not to put loved ones at risk. On behalf of Barbara the Mayoress, and himself, the Mayor wished everyone a joyful Christmas and good health and happiness in 2021.