Meeting documents

Council
Tuesday 25 February 2014 7.30 pm



Democratic Services Manager: Karen Williams

Direct Line: (01628) 796529

TO: EVERY MEMBER OF THE COUNCIL FOR THE ROYAL BOROUGH OF WINDSOR & MAIDENHEAD
      YOU ARE HEREBY SUMMONED TO ATTEND the Meeting of the Council of the Royal Borough of Windsor & Maidenhead to be held in the Council Chamber, Town Hall, Maidenhead on Tuesday 25 February 2014 at 7.30pm for the purpose of transacting the business specified in the Agenda set out hereunder.

      Dated this 17th day of January 2014

      Managing Director
      The Rev Stileman will say prayers for the meeting.
      A G E N D A

      PART I
1. APOLOGIES FOR ABSENCE

To receive any apologies for absence

2. COUNCIL MINUTES

To receive the minutes of the meeting of the Council held on 10 December 2013 (Page 11)

3. DECLARATIONS OF INTEREST

To receive declarations of interests in respect of any item to be considered at this meeting (see pink page for further information).

4. PETITION RELATING WINDSOR LINK RAILWAY
        A petition containing 1423 signatories was handed in at the last Council meeting held on 10 December 2013. In accordance with the provisions of the Council’s Constitution, it was requested by the lead petitioner that the petition be reported to, and debated at, a full Council meeting. The petition reads as follows:
        “The Windsor Link Railway is the first privately-led and funded new railway for over 100 years. It aims to give local residents faster and more frequent trains to London, Heathrow and throughout the region from Windsor, Slough, Maidenhead and Ascot. Other benefits include improving the environment, providing more parking and reducing traffic congestion

        I petition the local council to do more to support the Windsor Link Railway’”.

    The Constitution provides for a maximum time of 30 minutes to debate such petitions, and this can be overruled at the Mayor’s discretion.
      In accordance with the Constitution, the order of speaking shall be as follows:
            a) The Mayor may invite the relevant officer to set out the background to the petition issue.

            b) The Lead Petitioner to address the meeting on the petition (5 minutes maximum)

            c) The Mayor to invite any relevant Ward Councillors present to address the meeting. (Maximum time of 3 minutes each for this purpose)

            d) The Mayor to invite the relevant officer to provide any further comment.

            e) The Mayor will invite all Members to debate the matter (Rules of Debate as per the Constitution apply)

      Further information about WLR is available at: http://wp.me/P1jvcf-16O

      5. MAYOR'S COMMUNICATIONS

      To receive such communications as the Mayor may desire to place before the Council (Page 31)

      meetings_140225_council_mayoral announcements.pdf Meetings 140225 Council Mayoral Announcements



      6. PUBLIC QUESTIONS

      None
            (A Member responding to a question shall be allowed up to five minutes to reply to the initial question and up to two minutes to reply to a supplementary question. The questioner shall be allowed up to 1 minute to put the supplementary question)
        7. PETITIONS
            To receive any petitions presented by Members on behalf of registered electors for the Borough under Rule C.10.

        Councillor Rayner has given notice that he wishes to hand in a petition.

            (Any Member submitting a petition has up to 2 minutes to summarise its contents)

        8. APPROVAL OF THE COUNCIL’S PAY POLICY STATEMENT 2014/15

        To consider a report in relation to the above (page 33)

        meetings_140225_council_pay_policy.pdf Meetings 140225 Council Pay Policy



        9. CONSTITUTION AMENDMENTS

        To consider a report in relation to the above (to follow)

        meetings_140225_council_constitution.pdf Meetings 140225 Council Constitution



        10. ELECTION PAYMENTS

        ITEM WITHDRAWN

        11. BUDGET 2014/15

        To consider a report in relation to the above (page 47)

        meetings_140225_council_budget_full.pdf Meetings 140225 Council Budget Full



        12. MEMBERS' QUESTIONS

        (The Member responding has up to 5 minutes to address Council. The Member asking the question has up to 1 minute to submit a supplementary question. The Member responding then has a further 2 minutes to respond.)
            a) Question submitted by Councillor Rayner to Councillor Burbage, Leader of the Council

            During January’s floods, the Environment Agency sent out mixed messages and, in my opinion, delayed warnings to our residents. Does the Leader of the Council agree to ask the EA to explain why there was a delay in forewarning the Council and our residents on this important matter?


            b) Question submitted by Councillor Rayner to Councillor Cox, Lead Member for Environmental Services

            After the flooding of 2003, it was agreed that utilities in Wraysbury would be made resistant to the flooding levels of 2003. The residents of Wraysbury believe this has not happened.

            Please would the Lead Member for Environmental Services write to the utility companies asking them if their facilities in Wraysbury are flood proof to the 1947 levels?


            c) Question submitted by Councillor Yong to Councillor Hill, Lead Member for Highways and Transport

            Could the Lead Member please confirm the Council’s position, including what enforcement measures are in place, where instances of wood, rocks, boulders or other large objects are illegally placed on highway verges around the borough?
            d) Question submitted by Councillor D Evans to Councillor Cox, Lead Member for Environmental Services

            Most winters The Street, Waltham St Lawrence, is flooded with sewage coming out of a Thames Water sewage pipe. This winter the problem has been very severe. Thames Water have shown disregard for the residents affected by this. Can the Lead Member please investigate taking action against Thames Water for their failure to deal with this health and environmental hazard?


            e) Question submitted by Councillor Burbage to Councillor Bicknell, Lead Member for Children’s Services

            Would the Lead Member please update Council on the planned Serious Case Review, following the judgment and sentencing of Emma Wilson for the murder of her son Callum?


            f) Question submitted by Councillor D. Evans to Councillor Burbage, Leader of the Council

            Last September the Lord Chancellor launched a review into the inefficiencies of the judicial review system. It is now over three months since Mr Justice Mostyn’s judgment to grant a judicial review of Council’s decision to take enforcement action against the Travellers at Shurlock Row. What does the Council intend to do to prevent further delay?
          13. MOTIONS ON NOTICE
              a) By Councillor Airey
              The practice of Female Genital Mutilation (FGM) is illegal, extremely harmful and can lead to serious health consequences for women and girls subjected to it. The Council echoes Public Health Minister Jane Ellison MP's determination to safeguard girls from this form of child abuse and address the longer-term health needs of those girls and women living with FGM.

              This Council
              i. supports the work of the newly established multi agency group looking at Child Sexual Exploitation in RBWM whose remit is to consider this issue;
              ii. asks the group to look at ways to work with voluntary organisations such as the NSPCC to tackle this issue;
              iii. asks the group to undertake an exercise that establishes the true extent of this notoriously under-reported problem in the Borough;
              iv. commends Home Office initiatives such as the “Health Passport” and resolves to make effective use of this and any other additional resources from national government to help in the Council’s efforts to stamp out FGM in the Royal Borough of Windsor & Maidenhead.



              b) By Councillor Bathurst
              The Deputy Mayor (as Chairman of the Aviation Forum) asks Council to consider this motion. The Council considers that proposals to expand Heathrow to the west, purportedly to lessen noise for London, would damage the quality of life for residents across RBWM and spoil many historic sites including Windsor Castle, Eton College and the fields where Magna Carta was sealed.

              This Council continues its opposition to the expansion of Heathrow; continues its support of plans for better transport infrastructure and improved ways of measuring and mitigating the noise impact of existing runways on residents in the borough; notes the motion in July 2013 by West Sussex County Council supporting the principle of Gatwick expansion on economic grounds and joins with them in supporting the principle of Gatwick expansion on those grounds.


              c) By Councillor Brimacombe

                The rich history of this Royal Borough shows itself in areas with a significant location, significant former residents or significant events of a social or commercial nature. The recognition that Cox Green Lane and Lock Lane petitioned Council for in December should now be formalised for all eligible areas across the Borough with the intention of encouraging sympathetic development.

                i) This Council moves to request that with the intention of encouraging sympathetic development, areas of significant character, due to location, people or events both social or commercial, are specifically recognised through the policies of the Borough Local Plan.
                ii) This Council moves to request that the advice and assistance provided by the Borough to those preparing neighbourhood development plans enable them to recognise areas of significant character, due to location, people or events both social or commercial, in their neighbourhood development plans.

                d) By Councillor Rayner
                The Deputy Mayor (as ward representative of Horton & Wraysbury) asks Council to consider this motion.

                The Council notes the Prime Minister’s recent statements in support of dredging as a means of flood prevention and in order to prevent further distress to residents of this Borough asks the Leader of the Council
                i. to write to the Chairman of the Environment Agency and the Environment Secretary asking for the immediate reinstatement of regular dredging of the Thames; and also as a permanent solution;
                ii. to write to the Chancellor of the Exchequer to add the River Thames Scheme (Datchet to Teddington) as top priority to its programme of infrastructure projects



            e) By Councillor Saunders
                The Deputy Mayor (as ward representative of Horton & Wraysbury) asks Council to consider this motion. The combined scale and length of 2014’s floods have been the worst the Borough has had to contend with since 1947 and have caused great distress to numerous RBWM residents, especially those in Datchet, Horton, Wraysbury, Old Windsor, Bisham, Cookham and Hurley.

                The Council thanks its employees at all levels, especially in the Emergency, Streetcare and public protection departments, for their time and dedication and who spared no effort in providing assistance to those residents who needed help.

                The Council also thanks the Fire, Police and Ambulance services, the Army, the Environment Agency, the RSPCA and many other organisations, too many to mention here, who helped to save lives and property during the emergency.

                In addition the Council thanks the many volunteers of all ages working in the communities for their selfless physical efforts without whom the disasters would have become a catastrophe.
                e) By Councillor Hilton
                  On 18th November 2013, South West Trains closed a footpath running from Ascot station to the high street on safety grounds, but keep it open on race days. This path is used by train passengers, pedestrians/cyclists from South Ascot to the Library, and by people using mobility scooters to avoid travelling in the road on Station Hill.

                  The Council should negotiate with Southwest Trains and Network Rail to establish this path as a public right of way, as there is evidence that the path has been open and in public use since 1870 with no evidence of previous annual closure.
                  f) By Councillor Harris
                  This Council believes the security services of the United Kingdom of Great Britain are acting in the best interests of its people. Further, this Council believes that any deliberate attempt to destabilise the operations or activities of the security services including GCHQ serve only to reduce its effectiveness and thereby make citizens of the UK less safe.
                  g) By Councillor Beer
                  This Council extends deepest sympathy to all who suffer from flooding and thanks all who have toiled to help.
                  This Council resolves to engage other Councils and MPs to prioritise the Thames Flood Scheme, dredging and fewer disposal restrictions, sealed and pumped soil drainage, upstream water retention, and nationally fund all flow improvements, as rain falls everywhere so should disposal costs
              14. LOCAL GOVERNMENT ACT 1972 – EXCLUSION OF PUBLIC

              To consider passing the following resolution:-
                  “That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the remainder of the meeting whilst discussion takes place on item 15 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1-7 of part I of Schedule 12A of the Act"






































                      PRIVATE MEETING

              15. COUNCIL MINUTES

              To receive the Part II minutes of the meeting of the Council held on 10 December 2013 (Page 25)






































              COUNCIL MOTIONS – PROCEDURE

                Motion proposed (mover of Motion to speak on Motion)
                Motion seconded (Seconder has right to reserve their speech until later in the debate)
                Begin debate

              Should An Amendment Be Proposed: (only one amendment may be moved and discussed at any one time)

              NB – Any proposed amendment to a Motion to be passed to the Mayor for consideration before it is proposed and seconded.
                Amendment to Motion proposed
                Amendment must be seconded BEFORE any debate can take place on it

                (At this point, the mover and seconder of original Motion can indicate their acceptance of the amendment if they are happy with it)
                Amendment debated (if required)
                Vote taken on Amendment
                If Agreed, the amended Motion becomes the substantive Motion and is then debated (any further amendments follow same procedure as above).
                If Amendment not agreed, original Motion is debated (any other amendments follow same procedure as above).

                The mover of the Motion has a right to reply at the end of the debate on the Motion, immediately before it is put to the vote.

                At conclusion of debate on Motion, the Mayor shall call for a vote. Unless the vote is unanimous, a named vote will be undertaken, the results of which will be announced in the meeting, and recorded in the Minutes of the meeting.
                (All speeches maximum of 5 minutes, except for the Budget Meeting where the Member proposing the adoption of the budget and the Opposition Spokesperson shall each be allowed to speak for 10 minutes to respectively propose the budget and respond to it. The Member proposing the budget may speak for a further 5 minutes when exercising his/her right of reply.)