RESOLVED that the minutes of the council meeting held on 26 July 2017 be signed by the Mayor as correct record of the proceedings

The following Councillors declared their interest in the minutes indicated:

The Mayor announced the dates of up-coming events; Remembrance Day and Remembrance Sunday on 11 and 12 November, the Herring Fair on 18 and 19 November, and White Ribbon Day on 25 November.

a)    Members of the public under Rule 11

b)    Councillors under Rule 12

A written question had been received from Mr Russell Hall regarding an update on the progress of the council’s investigation into adopting a policy of making Section 106 viability assessments public.  Councillor Chowney replied to the question. Copies of the question and response were circulated.

A written question had been received from Mr Christopher Hurrell regarding changes to the council’s constitution. Councillor Poole replied to the question. Copies of the question and response were circulated.

A written question had been received from Councillor Lee regarding consultancy costs to the council.  Councillor Poole replied to the question. Copies of the question and response were circulated.

Questions to the Leader, Deputy Leader and other Lead Members were asked answered in accordance with Rule 12.1 as follows: -

Councillor Street to propose, seconded by Councillor Davies, that:

“This council acknowledges and welcomes the fact that East Sussex County Council (ESCC) has maintained its library service throughout the years of central government imposed austerity unlike many other authorities across the country.

We further acknowledge that ESCC is required to make substantial savings as a result of central government imposed cuts in funding.

However, we do not accept that the closure of Ore Library should be one of those cuts.

Ore Library serves residents of some of the most deprived neighbourhoods in East Sussex notably Down Farm in Ore ward and Broomgrove in Baird ward, many of whose residents do not own cars and cannot afford the bus fare to make the journey to Hollington or Hastings Central libraries as suggested in the report to ESCC Cabinet. Further, with the library closed, they will not have access to computers in order to access the “enhanced eLibrary service” proposed.

We, therefore, call upon the Leader of the Council to write to the Lead Member for Communities, Economy and Transport at East Sussex County Council expressing our total opposition to the closure of ore Library.  We further encourage all members of this council and residents to respond to the official consultation in similar terms”.

Councillor Street proposed a motion, as set out in the resolution below, which was seconded by Councillor Davies.

It was unanimously agreed to correct the title of the Lead Member referred to in the original motion, from Lead Member for Communities, Economy and Transport to Lead Member for Communities and Safety.

          RESOLVED (by 28 votes for, to 1 against) that:

This council acknowledges and welcomes the fact that East Sussex County Council (ESCC) has maintained its library service throughout the years of central government imposed austerity unlike many other authorities across the country.

We further acknowledge that ESCC is required to make substantial savings as a result of central government imposed cuts in funding.

However, we do not accept that the closure of Ore Library should be one of those cuts.

Ore Library serves residents of some of the most deprived neighbourhoods in East Sussex notably Down Farm in Ore ward and Broomgrove in Baird ward, many of whose residents do not own cars and cannot afford the bus fare to make the journey to Hollington or Hastings Central libraries as suggested in the report to ESCC Cabinet. Further, with the library closed, they will not have access to computers in order to access the “enhanced eLibrary service” proposed.

We, therefore, call upon the Leader of the Council to write to the Lead Member for Communities and Safety at East Sussex County Council expressing our total opposition to the closure of Ore Library.  We further encourage all members of this council and residents to respond to the official consultation in similar terms”.

To give effect to any request received from a political group for a change in their representation on committee(s)

No motions for a change in representation on committees were received from the group leaders.

(Report of the Chief Legal Officer)

The Chief Legal Officer submitted a report which sought approval from Council for amendments to the council’s constitution.

Under rule 13.3 of the council’s constitution, the recommendations of the report were agreed without being called for debate.

RESOLVED that the recommended amendments to the council’s constitution be adopted by Council

The reason for this decision was:

The council’s constitution is the basis for the council’s corporate governance.

(Report of the Chief Legal Officer)

The Chief Legal Officer submitted a report to appoint two Independent Persons to assist the standards process and any disciplinary hearing against any of the statutory officers.

Under rule 13.3 of the council’s constitution, the recommendations of the report were agreed without being called for debate.

RESOLVED that John Baker and Amanda McIntyre be appointed as Independent Persons to assist with duties of Independent Persons from 1 November 2017 to 31 October 2022

The reason for this decision was:

The Localism Act 2011 requires the council to appoint at least one Independent Person to assist with the standards process. Further, changes in employment legislation requires an Independent Person to be involved in any disciplinary action against any of the three statutory officers, those being the Head of Paid Service, the Chief Finance Officer and the Monitoring Officer.

a)    To resolve that the public be excluded from the meeting during the discussion of any items considered while the public were excluded by the relevant committee because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in the respective paragraphs of Schedule 12A to the Local Government Act 1972 referred to in the minutes of the relevant committee.

b)    To receive and consider the recommendations and any decisions of the following committees:

(C) – Council Decision

(E) – Exempt

Notes:

1.     The Mayor will call over the minutes and members will rise and indicate those items which they wish to have discussed.

2.     No discussion shall take place at this stage upon part II minutes covered by the resolution 10a) above. Any such discussion shall be deferred until item 11 on the agenda.

The Mayor having called over the minutes set out in the agenda, the under mentioned minutes were reserved for discussion.

RESOLVED under rule 13.3 that the reports and minutes of committees set out in the agenda be received. Only those items which were reserved were discussed, as follows:

Minute number 31 of Cabinet on 11 September 2017, Income Generation Strategy, was a matter on which the Council was required to make a decision. Councillor Chowney moved approval of the minute, seconded by Councillor Sabetian and agreed by 21 votes for, to 8 against.

Minute number 32 of Cabinet on 11 September 2017, Land and Property: Commercial Property Investment Strategy, was a matter on which the Council was required to make a decision. Councillor Chowney moved approval of the minute, seconded by Councillor Fitzgerald and agreed by 21 votes for, to 8 against.

Minute number 33 of Cabinet on 11 September 2017, Hastings Borough Council Housing Company, was a matter on which the Council was required to make a decision. Councillor Chowney moved approval of the minute, seconded by Councillor Batsford and agreed unanimously.

Minute number 34 of Cabinet on 11 September 2017 was an exempt item. When this minute was reached, Councillor Street proposed a motion for the exclusion of the public from the meeting.

RESOLVED that the public be excluded from the meeting during the consideration of minute number 34 of the Cabinet meeting held on 11 September 2017, Public Conveniences Cleaning Contract, because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in the paragraphs of Schedule 12A to the Local Government Act 1972 referred to in the relevant report

No motions for reference to Overview and Scrutiny Committee or reference back to Cabinet were approved in respect of the items reserved for discussion and they were therefore received.