• Calendar
  • Committees
  • Constitution
  • Decisions
  • Election results
  • ePetitions
  • Forthcoming Decisions
  • Forward Plans
  • Library
  • Meetings
  • Outside bodies
  • Search documents
  • Statistics
  • Subscribe to updates
  • Your councillors
  • Your MPs
  • Your MEPs
  • What's new
  • Work to do
  • Agenda

    Council - Thursday, 22 October 2020 5.00 pm

    Venue: Skype video conferencing

    Contact: Gill Scott  Email: g.scott@spelthorne.gov.uk

    Link: Members of the public may hear the proceedings by tuning into the Council's YouTube channel

    Items
    No. Item

    1.

    Apologies for absence

    To receive any apologies for non-attendance.

    2.

    Minutes pdf icon PDF 191 KB

    To confirm as a correct record the minutes of the Council meeting held on 30 July 2020 and the extraordinary meetings held on 10 and 24 September 2020.

    Additional documents:

    3.

    Disclosures of Interest

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

    4.

    Announcements from the Mayor

    To receive any announcements from the Mayor.

    5.

    Announcements from the Leader

    To receive any announcements from the Leader.

    6.

    Announcements from the Chief Executive

    To receive any announcements from the Chief Executive.

    7.

    Items carried over from the Council meeting held on 30 July 2020

    The following items of business were carried over from the Council meeting held on 30 July 2020.

    7a

    Motions - 30 July 2020

    1.    To consider a report from the Monitoring Officer (to follow) on the following Motion which was proposed at the meeting held on 30 July 2020 and in accordance with Standing Order 28.2, was adjourned without discussion, to the next ordinary meeting of the Council:

     

    “The Leader said he would be more inclusive when he was elected and yet has not demonstrated this so under Standing Order 28.2, I propose a variation to Council Standing Order 8.3 little f.   I move the following:

     

    8.3 little ‘f’ be amended to prevent the Leader assigning all the Outside Bodies to his own party as opposed to the councillors best suited to carry out these roles.”

    Proposed by Councillor R.A. Smith-Ainsley

    Seconded by Councillor D. Saliagopoulos

     

    2.    There were two Motions outstanding from the meeting held on 30 July 2020, however Motion 3 was withdrawn by the proposer following the meeting. The remaining Motion reads:

     

    Motion 4.

     

    “The House of Commons Public Accounts Committee published its report on Local authority investment in commercial property on 13th July 2020.  The Council notes the following conclusions arising from the report:

    ·         That in the view of the PAC, Spelthorne Borough Council borrowing from the Public Works Loans Board since 2016 has been excessive and undertaken against DHCLG and CIPFA guidance.

    ·         That in some authorities there have been failings in transparency, with decision making by small groups and inadequate scrutiny.

     

    The Council resolves to take the following actions in response to the PAC report:

    ·         To require greater member involvement in all future investment related decisions above a defined transaction value.

    ·         To make available to members full information on significant portfolio expenditures, lettings and contractual amendments within 14 days of the decision.

    ·         To revise accounting structures to clearly separate the property investment portfolio from other Council activities and to make this segmentation transparent in future reporting to members.

    ·         To establish portfolio performance measures and risk management parameters to be reported periodically to members.

     

    The details of these actions are to be agreed by the Leader's Property Investment Task Group and submitted to the Council for ratification.”

    Proposed by:  Cllr Lawrence Nichols

    Seconded by: Cllr Bernie Spoor

     

    Additional documents:

    7b

    Questions on Ward Issues pdf icon PDF 214 KB

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

     

    There were two Ward issue questions outstanding from the meeting held on 30 July 2020:

     

    1.    Question from Councillor I.T.E. Harvey

    Regarding the Lendy Memorial

    ·         Who exactly at the Council engaged this expert?

    ·         Who is this expert? What qualifications does he or she have?

    ·         Is this expert sufficiently knowledgeable about west African and southern African 19th century history so as to be able to make a valid judgement on the Lendy Memorial?

     

     

    2.    Question from Councillor D. Saliagopoulos

    “I would like to make Council aware that the Riverside area within my Ward needs some attention please. There is a stretch of River walk which runs from Penton Hook Lock towards Staines Town. For those of you who know, we also have the large grassed area called “Silvery Sands” which has housing fronting this large open area.

     

    Until the unfortunate onset of the Virus Pandemic, this area was clean, free of dog fouling (thanks to the fabulous campaign organised by Councillor Joe Sexton a couple of years ago) and the bins never overflowed. Now, people leave plastic bags of litter, litter has been left on the grass and riverside area. One weekend there were hundreds of empty beer cans, all cleared up by local residents.

     

    I have to recognise the work that my fellow Councillor, Michelle Gibson, who lives on the river, does every day to keep the area clean. Many residents are also doing this.

     

    Every day there have been gatherings of people, all enjoying the River and it has been nice to see children out in the fresh air enjoying themselves. However, there’s always a but isn’t there? The area is now blighted by empty legal hi canisters, little small silver phials about the length of a cigarette. The users of these drugs must surely come from the nightly hoards of young people who congregate at Silvery Sands. I actually feel very sorry for those residents whose properties face directly onto this lovely area. Some have actually taken to putting up high fences and I have even heard of complete strangers walking through residents’ gardens.

     

    Crime is also on the rise with several properties being broken into. Litter, as I have mentioned and dog fouling is on the increase. Inconsiderate parking is rife. Two roads in particular, Penton Hook Road and parts of Wheatsheaf Lane are actually Private Roads - the residents pay for the upkeep of these roads, independently from the County Council. Visitors to the River In their cars were not respecting this.

     

    The biggest complaint I hear from residents is regarding cyclists. Why are these cyclists not understanding that Pelatons do not have right of way over pedestrians. There have been many near misses, dogs being hit, and many complaints about the general attitude of cyclists. So far I have personally witnessed 2 accidents. Cyclists should at least slow down for pedestrians and give way.  ...  view the full agenda text for item 7b

    7c

    General Questions pdf icon PDF 266 KB

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

     

    There were 10 questions outstanding from the meeting held on 30 July 2020.

     

    Question 1 from Cllr. R.W. Sider, BEM

     

    At the meeting of the full Council on the 18th of July 2019 I placed the following Motion before the Council. It was, ‘That Officers investigate whether it is feasible to enter into a reciprocal agreement with Surrey County Council for Spelthorne Borough Council to act on their behalf to remove Travellers encamped when on the highway and append such charges involved to Surrey’. It was seconded by Cllr Barnard. The motion was debated and the Leader of the Council said- quote - ‘I think it is something that we can ask officers to explore and then report back to the portfolio holder. On that basis I will support your motion and ask members to do likewise.’ The Motion was carried and it was Resolved ‘That officers investigate whether it is feasible to enter into a reciprocal agreement with Surrey County Council for Spelthorne Borough Council to act on their behalf to remove Traveller encampments when on the highway, and append such charges involved to Surrey County Council.’

     

    My question is “It is now one calendar year since the foregoing resolution was debated and carried, and again Travellers have encamped in Old Charlton Lane, Shepperton, requiring officers from Surrey to deliver the relevant documentation to secure their removal. Can the Leader of the Council inform me what discussions with Surrey have taken place as required by the Motion of the 18th of July 2019, and what progress has been made in carrying out the requirements of the said resolution.”

     

     

    Question 2 from Cllr. R.W. Sider, BEM

     

    After a further invasion and encampment of Travellers in the borough in mid- summer last year, I requested that officers pursued through the legal means and through the courts, an injunction along the lines that had been secured by our neighbouring borough, which would prevent them entering Spelthorne on any occasion. After one year, can the Leader inform me of the progress that has been made by officers to secure such an injunction?”

     

    Question 3 from Cllr. J. Sexton

     

    At the Cabinet meeting on 15th July the Leader stated at the very beginning ‘Can I remind everyone that mobile phones should be switched off or set to silent mode’. 

     

    When Cllr Attewell was reading one of her reports regarding homelessness she stopped and said ‘Sorry I’m reading this from my phone and someone just tried to call me.’  This was followed shortly after by another interruption with Cllr Attewell saying ‘Oh gosh I’m never doing this again, I am reading this from my phone and people keep ringing me.’

     

    Over 86 subscribers have now accessed the recording and it does not make the Spelthorne Council Cabinet look veryprofessional. Will the Leader now ensure that Cabinet meetings are video  ...  view the full agenda text for item 7c

    8.

    Questions from members of the public pdf icon PDF 281 KB

    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 15 October 2020.

     

    At the time of publication of this agenda, 1 question was received

     

    Question from Mr Andrew McLuskey

     

    “Given the decision by the Secretary of State to authorise the construction of a new, unnecessary and potentially extremely disruptive pipeline from Southampton to Heathrow and given the council’s previous lacklustre response to the proposal will Spelthorne Council now commit to whole heartedly using all means possible to mount a strong legal challenge to the plan in the few weeks remaining which are available for this.”

     

     

    9.

    Petitions

    The Council has received a petition with 1800 signatories requesting that Spelthorne Borough Council and Surrey Police give their full assurance that:

     

    (1) The Lendy Memorial Lion will not be removed, dismantled, or toppled from its current location at Sunbury’s historical Walled Garden (The Walled Garden, Thames Street, Sunbury-on-Thames, TW16 6AB),

     

    (2) the heroic and valiant efforts of Charles Fredrick Lendy Captain R.A and Edward Augustus William Lendy, D.S.O, to which this memorial was erected, will not be marred with a plaque or sign bringing into disrepute their upstanding moral integrity, and

     

    (3) that the memorial will be protected by the police from the threat of vandals, thugs, and terrorists.

     

     

    The matter is referred to Council for consideration and a response.  In accordance with Standing Order 16.4 in the Constitution, the options available to Council are:

     

    (a) take the action the petition requests; or

    (b) not to take the action requested for reasons put forward in the debate; or

    (c) note the petition and keep the matter under review; or

    (d) if the content relates to a matter on the agenda for the meeting the petition be considered when the item is debated; or

    (e) the petition be referred to the Cabinet or Overview and Scrutiny Committee for further consideration.

     

     

    10.

    Recommendations of the Cabinet pdf icon PDF 108 KB

    To consider the recommendations of the Cabinet from its meeting on 23 September 2020 in relation to the following two items:

    10a

    Replacement of Spelthorne Leisure Centre pdf icon PDF 224 KB

    Reason for partial exemption

    Appendix 5 to the report contains 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 Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in the tendering process for a developer to build the new leisure centre, allowing tenderers to know the Council’s estimated costs and budget for this development.  This in turn prejudices the Council by (i) distorting the tendering process and (ii) prejudicing the opportunity for the Council to get the most financially advantageous deal for building the new centre.

     

    Additional documents:

    10b

    Exempt Report - Victory Place Construction Costs - Key Decision

    Reason for exemption

    This report contains 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 Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in agreeing final financial and contract terms with the preferred bidder. If the bids were to be made public then it may make the Council vulnerable to a renegotiation with the preferred bidder.

     

    11.

    Changing to a Committee system

    To consider the report of the Monitoring Officer on a proposal for a change in the Council’s Governance arrangements.

    Additional documents:

    12.

    Appointment of representative Trustees

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

     

    1.    Ashford Sick and Needy Charity

    Mr A. Hatchman and Mr M. Mulford, each for a further four year period to October 2024.

     

    2.    Ashford Relief in Need Charity

    Mrs M. Bushnell for a further four year period ending in October 2024.

     

    3.    Laleham Charities - Village Hall and Recreation Ground

    Mr C. Squire for a further four year period to expire October 2024.

     

     

    13.

    Report from the Leader of the Council pdf icon PDF 115 KB

    To receive the report from the Leader of the Council on the work of the Cabinet at its meeting held on 23 September 2020.

    14.

    Report from the Chairman of the Licensing Committee pdf icon PDF 182 KB

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

    15.

    Report from the Chairman of the Overview and Scrutiny Committee pdf icon PDF 200 KB

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

    16.

    Report from the Chairman of the Planning Committee

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

    Additional documents:

    17.

    Motions pdf icon PDF 121 KB

    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 12 October 2020 and 6 were received:

     

    Motion 1

    The following amendments to the SBC Constitution are to be proposed.

     

    That the Constitution be amended as follows:

     

    Part 4 section (d)
    Financial Regulation B: Financial Planning
    Capital
    Authorisation of Capital Expenditure
    Para B24 be amended as follows
    ‘Capital expenditure on a scheme not included in estimates or budgets may only be incurred after full evaluation of that scheme by the Leader (if under £20,000) or Cabinet (between £20,000 and £1million) Any proposed capital expenditure over £1 million must be evaluated and agreed by majority of Council Members'.

     

    The paragraph will continue as detailed- ‘This will include a statement………….’

     

    A final sentence to be added: ‘This paragraph (B24) shall take priority over any other clause or paragraph within this Constitution that may be, or appear to be, in conflict.’

    Para A38 be amended as follows:

    The Leader is authorised to approve a total supplementary expenditure in a year not exceeding 5% of the approved net revenue budget and £20,000 on any approved capital scheme.

     

    Part 4 section (c)

    Who May Make Cabinet Decisions

    Para 2.1 be amended as follows

    ‘The arrangements for the discharge of Cabinet functions may be set out by the Leader. The Leader may, after full consultation and agreement of the majority of Cabinet members, provide for Cabinet functions to be discharged by: The list (a) to (g)

     

    Quorum

    Para 6.1be amended as follows:

    The quorum for a meeting of the Cabinet is 5.

     

    Proposed by Councillor T. Mitchell

    Seconded by Councillor R. Barratt

     

     

    Motion 2

     

    “Members will undoubtedly have noticed the growth in the number of small silver canisters lying around in our borough. These are Nitrous Oxide gas cylinders which are not being used for the purpose that they were manufactured but are being used by youngsters to give themselves an instant ‘high’. 

     

    The gas does unfortunately have side effects. It is very dangerous to inhale nitrous oxide directly from the canister and doing it in an enclosed space is also very dangerous. If you take too much nitrous oxide you risk falling unconscious and/or suffocating from the lack of oxygen. People have died this way.


    This is a psychoactive drug and is covered by the 2016 Psychoactive Substances Act, which means it’s illegal to give away or sell. There’s no penalty for possession unless you’re in prison.  Supply and production can get you up to 7 years in prison, an unlimited fine or both.


    In order to try to protect our residents from the effect of this drug:-

     

    This Council resolves to:-

     

    a) Hold an advertising campaign to 

    i) remind local businesses of the legislation regarding supply of these canisters. 

    ii) remind parents/guardians of the harm that inhaling Nitrous Oxide from these cylinders will cause for their children.

    b) ask schools and youth organisations to highlight the dangers of  ...  view the full agenda text for item 17.

    18.

    Questions on Ward Issues pdf icon PDF 172 KB

    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 15 October 2020.

     

    Additional documents:

    19.

    General questions pdf icon PDF 189 KB

    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 15 October 2020.

     

    At the time of publication of this agenda, 6 questions were received:

     

    Question 1 – Councillor Robin Sider BEM

     

    “Will the Leader and members of the council join me in congratulating the Council on being awarded the  ‘Silver Award ‘ as part of  the Ministry of Defence Employers Recognition Scheme, an award for organisations that pledge, demonstrate and advocate support to the Armed Forces community, and align their values with the Armed Forces Covenant. And will the council also note  the hard work undertaken by Kamal Mehmood, the council’s Armed Forces Partnership Manager and the Council’s  Communication team in order to achieve such a high and prestigious award.”

     

    Question 2 – Councillor Robin Sider BEM

     

    “The annual South and South east in Bloom competition is designed to encourage councils, residents and businesses to work together to improve the local environment and make towns and cities greener and cleaner for everyone. That said, will the Leader and all members of this council join me in congratulating Head of Neighborhood Services and her staff on achieving  a magnificent result by way of   Staines, Ashford and Sunbury cemeteries  all being  awarded gold, and the  Sunbury Walled Garden  also striking  gold in the Small Park category.”

     

    Question 3 – Councillor Dick Smith-Ainsley

     

    “In the announcements made by the Leader at his first council meeting on 30th July he stated the following regarding Task Groups:-

     “Full details of this group (a Multi-Party Task Group on Governance) and all the other Task Group will be published in the next few days.”

     

    Since then all efforts to find out the details of these Task Groups has been met with a wall of silence. 

     

    Why, two and a half months after he promised the details is the Leader deliberately withholding this information?” 

     

    Question 4 – Councillor Dick Smith-Ainsley

     

    “Leader of Spelthorne Borough Council Cllr John Boughtflower has made various statements which have been published on the council web site.  

     

    He stated on 17th August "When elected as leader, I promised that there would be an increase in cross-party working and, just over a month on, this administration is demonstrating that actions speak louder than words.”

    At the same time the Deputy Leader, Cllr McIlroy stated with regard to the New Local Plan working party "Not only will this be the first of the new administration's promised cross-party engagement groups but, as it regards the New Local Plan which is so important to residents, it is arguably one of the most significant working groups for our Borough. This group will lead the way to prove co-operative working over politics for the benefit of our residents. 

     

    The emphasis on “co-operative working over politics for the benefit of our residents”  is significant.

     

    Can the Leader explain why he has decided  ...  view the full agenda text for item 19.

    Additional documents: