Agenda and minutes

The Chair will announce any urgent items which due to special circumstances are to be dealt with as a Late Item.

Cllr Hamilton welcomed everyone to the meeting and read the emergency evacuation procedure.

Members and officers are reminded to make any declarations of disclosable pecuniary, personal and/or prejudicial interests they may have in respect of matters on the agenda for this meeting.

The following declarations of interest were made:

·         Cllr Duncton – a personal interest in relation to agenda item 5 as a member of West Sussex County Council.

·         Cllr Donna Johnson – a personal interest in relation to agenda item 5 as a member of West Sussex County Council.

·         Cllr O’Kelly – a personal interest in relation to agenda item 5 as a member of West Sussex County Council.

·         Cllr Oakley – a personal interest in relation to agenda item 5 as a member of West Sussex County Council.

·         Cllr Sharp – a personal interest in relation to agenda item 5 as a member of West Sussex County Council.

Mr Bennett, the Monitoring Officer also explained that Cllr Lishman had a pecuniary interest in relation to agenda item 5 as an employee of Stagecoach. Therefore Cllr Lishman would not be present at the meeting.

Apologies for absence will be notified at this point.

The Chair will make any specific announcements.

Apologies for absence were received from Cllr Briscoe, Cllr Evans, Cllr Fowler, Cllr Lintill and Cllr Lishman (in relation to her declaration of interest).

The Council is asked to consider in respect of agenda item number 5 whether the public, including the press, should be excluded from the meeting on the grounds of exemption under Parts I to 7 of Schedule 12A of the Local Government Act 1972, as indicated against the item and because, in all the circumstances of the case, the public interest in maintaining the exemption of that information outweighs the public interest in disclosing the information. The reports dealt with under this part of the agenda are attached for members of the Council and senior officers only (salmon paper).

Cllr Taylor proposed that the meeting went into part II. This was seconded by Cllr Dignum.

Cllr Brown asked if the debate on the recommendations could be considered in public. Mr Bennett raised a point of order and explained to members that if it is likely that the nature of the proceedings will disclose exempt information then lawfully the meeting should not take place in public. He added that it was very likely that the meeting would discuss such matters as there would be contractual discussions which would name those parties involved.

Cllr Moss explained that he had raised the matter with Mr Bennett prior to the meeting and respected his decision. He explained that he had sought alternative legal advice within the parameters of the information he was able to share due to the Part II nature of the report. Mr Bennett reminded Cllr Moss that if he were unhappy with his advice as Monitoring Officer he should inform him as such. Mr Bennett reiterated the strict rules of information sharing to which members must abide and the restrictions upon members seeking external legal advice without involving the monitoring officer where the subject relates to their role as a Councillor.

Cllr O’Kelly proposed a recorded vote which was seconded by Cllr Brown. This was supported by Cllr Bowden, Cllr Moss and Cllr O’Kelly.

The number of members required to request a recorded vote was reached.

Cllr Purnell asked what would happen if members voted against going into Part II. Mr Bennett confirmed that as Proper Officer he would have to request the meeting be deferred due to the legal consequences of it continuing so that he could obtain and offer external legal advice on the point to review the legal advice he had given on the application of the relevant test.

The recorded vote to go into part II was as follows:

Cllr Apel – Abstain

Cllr Bangert – Abstain

Cllr Barrett – For

Cllr Barrie – Abstain

Cllr Bell – For

Cllr Bowden – Against

Cllr Brisbane – Against

Cllr Briscoe – Absent

Cllr Brown – Against

Cllr Dignum – For

Cllr Duncton – For

Cllr Elliott – For

Cllr Evans – Absent

Cllr Fowler – Absent

Cllr Graves – For

Cllr Hamilton – For

Cllr Hobbs - For

Cllr D Johnson – Abstain

Cllr T Johnson – Abstain

Cllr Lintill – Absent

Cllr Lishman – Absent

Cllr McAra – For

Cllr Moss – Abstain

Cllr Oakley – For

Cllr O’Kelly – Against

Cllr Page – For

Cllr Palmer – For

Cllr Plant – For

Cllr Plowman – Against

Cllr Potter – For

Cllr Purnell – For

Cllr Rodgers – Against

Cllr Sharp – Abstain

Cllr Sutton – For

Cllr Taylor – For

Cllr Wilding – For

The result was as follows:

18 For

6 Against

7 Abstain

5 Absent

The recommendation to go into Part II was therefore carried:

RESOLVED

The in respect of agenda item 5 the public, including the press, should be excluded from the  ...  view the full minutes text for item 75.

Members will receive a progress report on the project.

Please note that it is a part two report and members are referred to pages 99-134 of the part II papers of the Cabinet meeting on 7 December 2021.

At the time of print members are requested to consider the recommendations to Council from the Cabinet meeting on 7 December 2021. Those recommendations are detailed in sections 3.1-3.5 of the report. An update will be provided to members at the meeting.

Members took a short break.

Before the item began Cllr Apel requested clarification of when the information would be made public. Mrs Shepherd confirmed that a press release which had been agreed with those partners involved in the project would be circulated following the meeting.

Cllr Palmer asked whether the resolution from the meeting could be included in the press release either in full or with confidential sections redacted. Mrs Shepherd explained that she could not agree to that due to the exempt nature of some of its contents.

Cllr Dignum moved the recommendations made by the Cabinet earlier that day which had been circulated to members by email and then by copy at the meeting. The recommendations were seconded by Cllr Taylor.

Cllr Dignum then introduced the report. He outlined the proposed amendments which had been agreed at Cabinet that morning. He acknowledged the amendments he had received from Cllr Moss which had been incorporated into the final version of the recommendations. He also gave thanks to Mrs Hotchkiss and her team for their work on the project.

Mrs Hotchkiss then provided a summary of where the project had reached.

Cllr McAra requested that Mrs Hotchkiss circulate the full version of her summary to members. Mrs Shepherd explained that it would not be necessary as the information was all in the report.

Mrs Hotchkiss then responded to questions from Cllr Oakley, Cllr Bell, Cllr Bowden and Cllr Apel.

Cllr Plowman then provided comment.

Cllr Tim Johnson proposed a minor amendment to section 3.7 of the recommendation to add a single additional word.

Cllr Dignum and Mrs Hotchkiss then responded to questions from Cllr Brisbane. 

Cllr Potter and Cllr Sharp then provided comment.

Cllr Dignum then responded to questions from Cllr Oakley.

Cllr Palmer then provided comment.

Cllr Dignum then responded to a question from Cllr Bangert.

Cllr O’Kelly and Cllr Bell then provided comment.

Cllr Bowden provided comment.

Mr Bennett reminded members that the reason for the discussion taking place in part II was due to the confidential nature of the information in the report. He requested that members refrain from further comment on the matter.

Cllr Purnell and Cllr Hobbs then provided comment.

Cllr Dignum confirmed that he accepted Cllr Tim Johnson’s minor amendment as part of his recommendations.

Cllr Moss provided comment.

Cllr Dignum was invited to sum up.

Mrs Shepherd confirmed which recommendations had been agreed by Cabinet that morning and which were to be voted on by Full Council.

In a vote members agreed the following resolution:

RESOLVED

That the recommendations as set out in sections 3.3-3.9 of the Cabinet resolution made on 7 December 2021 as circulated to members be agreed subject to the one word minor amendment proposed by Cllr Tim Johnson.