PLEASE NOTE THAT THE MINUTE REQUIRES TO BE APPROVED AS A CORRECT RECORD AT THE NEXT COUNCIL MEETING AND MAY BE AMENDED

EAST COUNCIL

MINUTES OF MEETING HELD ON THURSDAY 27 JUNE 2013 AT 1000 HOURS IN THE COUNCIL CHAMBERS, COUNCIL HEADQUARTERS, LONDON ROAD,

PRESENT: Provost Jim Todd and Councillors Eòghann MacColl, Helen Coffey, Andrew Hershaw, Maureen McKay, Tom Cook, Lillian Jones, Iain Linton, Douglas Reid, Jim Buchanan, Depute Provost John Campbell, Councillors Gordon Cree, John Knapp, Hugh Ross, Alan Brown, George Mair, Bobby McDill, John McFadzean, Neil McGhee, Stephanie Primrose, Jim Roberts, David Shaw, Billy Crawford, Barney Menzies, Kathy Morrice, John Bell, Elaine Dinwoodie and Moira Pirie. ATTENDING: Fiona Lees, Chief Executive; Elizabeth Morton, Depute Chief Executive/Executive Director of Neighbourhood Services; Graham Short, Executive Director of Educational and Social Services; Alex McPhee, Executive Director of Finance and Corporate Support; Chris McAleavey, Acting Executive Director of Neighbourhood Services; Bill Walkinshaw, Head of Democratic Services; Craig McArthur, Head of Finance; Alan Neish, Head of Planning and Economic Development; David Mitchell, Head of Legal, Procurement and Regulatory Services; Eddie Fraser, Head of Service: Community Care; Kevan Aitken, Acting Head of Roads and Transportation; Joe McLachlan, Corporate Accounting Manager; Julie Jamieson, Group Finance Manager - Central; Craig Iles, Principal Planning Officer; Jim Farrell, Shared Services Project Manager; and Stuart Nelson, Administrative Officer. APOLOGIES: Councillors Ellen Freel, John McGhee, Drew McIntyre and Eric Ross. CHAIR: Provost Jim Todd, Chair.

ADDITIONAL BUSINESS: COUNCIL APPOINTMENTS 1. On the matter having been raised, it was agreed that a request from the SNP Group to alter their representation on certain Council Committees and external organisations be dealt with under Item 7 on the Agenda.

PROVOST’S REMARKS 2. The Provost began the Council meeting by referring to Mr David Coulter, Sakai Karate legend, who would be awarded an MBE. The Provost advised that David was an instructor who had been involved in martial arts in the town for over four decades and that he had been immortalised in a mural at Sandbed Street to mark running with the Olympic Torch last year. During his glittering career he had been Scottish Champion four times as well as winning the Scottish team event on seven occasions. The Provost then referred to Bernadette Docherty who had been awarded an MBE for services to childcare in . Bernadette had served with Council, latterly as Head of Social Work, until 2000 and then as Director of Social Services at Council until her retiral in 2010. Since retiring, Bernadette had served as a Board Member of the Scottish Children‟s Reporter Administration. 2

The Provost also referred to Scotland's top Police Officer Stephen House who had been knighted in the Queen's Birthday Honours and was recognised for services to law and order. Finally, the Provost referred to Campbell Corrigan, formerly Temporary Chief Constable of Strathclyde Police who had been awarded a QPM (The Queen's Police Medal) which is awarded to Police officers in the United Kingdom and Commonwealth of Nations, for gallantry or distinguished service. The Provost then congratulated new additions to the Lord Lieutenants team who were Deputy Lord Lieutenants Bill Stafford, known to all of us as a former Executive Director with the Council; the Very Reverend Dr David Lacy, former Moderator of the General Assembly of the Church of Scotland; Iona McDonald former Sheriff Principal at Kilmarnock; and Evelyn McCann former Chief Executive of Scottish Enterprise Ayrshire. The Provost went on to mention two talented brothers who were finding international success in the world of music. The Provost advised that Scott Kerr and his brother David of had just returned from the European Brass Band tour of Europe in May, where they had met some of the leading lights of the concert world, conducted themselves admirably and were great ambassadors for East Ayrshire. The Provost then stated that once again Talbot had passed the Scottish Junior Cup test. The Provost advised that Tommy Sloan's West of Scotland champions had cemented their place as the top junior side in the country with a 1-0 win over east region champs Linlithgow Rose. He further advised that it had been their 10th Junior Cup triumph, their third success in the last five years and they had contested four of those finals. The Provost stated that this was an amazing run of consistency when you considered that over 160 teams took their place in the early rounds of this competition every year. The Provost then gave a special mention to Glenafton Athletic who had won the West of Scotland Cup and had gone on a great run of results to climb up the league table. He also congratulated Bonnyton Thistle Under 19‟s who had won the Scottish Cup again; and Primary School who had won the Ayrshire Schools Football Association Cup. The Provost then explained that, to date, 28 East Ayrshire Council schools had attained Eco Schools Scotland Green Flag status. The Provost was delighted to applaud the hard-working youngsters from and Primary Schools who had recently received their first Green Flag award. The Provost then congratulated Senior Registrar Cathy Dunlop on her recent election to the position of President of the Association of Registrars of Scotland (AROS).The Provost stated that Cathy had been elected by her peers and presented with a chain of office at the recent Annual General Meeting held at the National Records of Scotland in Edinburgh The Provost then congratulated Jim McGee who not only passed his driving test after years trying but had ended up winning a national learning award at the Scottish Parliament on 13 June. The Provost explained that Jim had contacted the Council‟s Vibrant Communities team for advice and support and they had came up with the goods. 3

The Provost then passed on his congratulations to Art in Action Group and explained that the budding artists had only started last year and had won Scotland‟s top arts award for adult learners. The Provost advised that he had welcomed the Depute First Minister Nicola Sturgeon and Business Leaders from East Ayrshire to the opening of the Opera House on John Finnie Street on 17 June 2013 and intimated that the Depute First Minister had been very impressed with the building. The Provost stated that the Klin Group and the architects involved had transformed the rear of the building, in his opinion, into a very impressive feature in its own right which was changed days from the old Sandrianne that he used to frequent to see rock bands and a nice touch was the music to paper roses printed along the front windows. The Provost then expressed his delight to discover that the new Moderator of the General Assembly of the Church of Scotland, Lorna Hood was a former pupil of and that Kilmarnock and East Ayrshire had been mentioned twice at the Assembly on the 18th May. The Provost advised that in recent years Kilmarnock and East Ayrshire had been featured prominently in General Assembly business. The Provost then stated that he had been made very welcome at the Boswell Mausoleum and later on at by Mr James Knox and family at wreath laying at the Mausoleum in Auchinleck Churchyard on the 19th May. The Provost expressed his pleasure to have met people from all around the world who had a mutual respect and admiration for James Boswell. The Provost advised that the festival was growing in stature and in numbers year on year, and wished them every success. The Provost then mentioned that he had met some lovely characters on 22 May who had been on a visit from New York to the World Burns Federation; they had commented that there could be no better place in the world than the Dower House at the to house their Headquarters. The Provost then advised that for the first time Cameron Sharp was recognised Council wide in the shape of the Cameron Sharp Trophy to be presented by the Provost every year. The Provost explained that the trophy was inaugurated and presented to the winning secondary school Grange Academy, at the Ayrshire Athletics Arena track on 28 May in recognition of Ayrshire‟s most successful athlete. The Provost then referred to the Hillbillies Motorcycle Club who had once again helped Combat Stress and had raised the grand sum of £1200 for Hollybush House on the 8th June. The Provost advised that a lovely run on their bikes from Ayr with a Police escort to Hollybush House had culminated in his Triumph Rocket being voted best of show by the residents of Hollybush House and thanked the ex matelots for their inspired choice. The Provost then explained that for the first time in over 20 years the Bonnet Guild Festival Committee had decided to reinstate the Torch Light Parade through to commence the start of the Festival and that a lovely evening and great company had made for a spectacular event on the 8 June. The Provost then explained that once again Stewarton had stepped up to the mark and had hosted the UK National time trial road race on the 20th June. The Provost 4

advised that the organisers had been delighted with Stewarton and East Ayrshire and that hopefully this would lead to more events being staged in our Authority. The Provost then congratulated the men‟s race winner - Alex Dowsett, the women‟s race winner - Joanna Rowsell and the Under-23 men‟s race winner - Sam Harrison. Finally, the Provost made reference to other sporting achievements as follows:- Ayrshire Gymnastics who were continuing to develop and produce some excellent results and recently gymnasts had taken part in the annual Scottish June grading competition and had managed to get 2 golds, 4 silvers and a bronze. A number of weightlifters had reached the qualifying standard for the Commonwealth Games 2014. Auchinleck bowler and World Indoor Bowling Champion, Stewart Anderson had been selected for the 2014 Commonwealth Games Squad. Sophie Gibson, a 15 year old Kilmarnock Volleyball player was one of Scotland‟s Young Ambassadors on the Young People‟s Sports Panel. Kara Tait was the West District 5000m champion having won this event last Wednesday in a new Personal Best time of 17minutes 38seconds. Kilmarnock Harriers athletes had a very successful National 4x 100 relay championships, having two female teams that had made it onto the podium; U18 girls and U14 girls had both won bronze medals. Annanhill, Fenwick and Primaries had received the Active Schools Award. Lainshaw Primary had won the Cycle Scotland Bikeability School of the Year Award. Primary had won a national award called „Big Pedal Award‟.

PROVOST/DEPUTE PROVOST 3.1 ELECTION OF PROVOST Councillor Douglas Reid, seconded by Councillor Tom Cook, moved that Councillor Jim Todd be elected as Provost. Councillor Barney Menzies, seconded by Councillor Neil McGhee, moved as an amendment that Councillor Billy Crawford be elected as Provost. On a division by a show of hands the motion was carried by 17 votes to 11 and Councillor Jim Todd was duly elected as Provost.

3.2 ELECTION OF DEPUTE PROVOST Councillor Tom Cook, seconded by Councillor Douglas Reid, moved that Councillor John Campbell be elected as Depute Provost. Councillor Barney Menzies, seconded by Councillor Neil McGhee, moved as an amendment that Councillor Gordon Cree be elected as Depute Provost. On a division by a show of hands the motion was carried by 17 votes to 11 and Councillor John Campbell was duly elected as Depute Provost. 5

PROVOST’S CHARITY - PROSTATE CANCER UK 4. There was submitted a report dated 14 June 2013 (circulated) by the Executive Director of Finance and Corporate Support which informed Council of the support which the Provost‟s Office had given to Prostate Cancer UK Charity during 2012/13 and that the Provost would continue to support the charity in 2013/14. It was agreed to recognise and endorse the approach being taken by the Provost in respect of continued support to Prostate Cancer UK during 2013/14. Councillor David Shaw left the meeting at this point.

PREVIOUS MINUTES 5. There were submitted (circulated) and approved as correct records, the minutes of the Council meeting of 16 May 2013 (pages 449-456) and of the Special Meeting of the Council of 13 June 2013 (pages 479-480).

SIX MONTHLY UPDATE ON CABINET ACTIVITY 6. There was submitted a report (circulated) by Councillor Douglas Reid, Leader of the Council on the activities of Cabinet over the last six months. Councillor Douglas Reid, Leader, spoke to the report and there was an opportunity for Members to raise issues and ask questions. It was agreed to note the report.

CABINET/COMMITTEE MINUTES 7. There were submitted (circulated) and approved as correct records, with the exception of the Governance and Scrutiny Committee Minutes which were for noting only, the Minutes of the undernoted meetings, viz:- 7.1 CABINET OF 8 MAY 2013 (pages 430-433) 7.2 GRANTS COMMITTEE OF 9 MAY 2013 (pages 434-444) 7.3 LOCAL REVIEW BODY OF 10 MAY 2013 (pages 445-448) 7.4 PLANNING COMMITTEE OF 17 MAY 2013 (pages 457-458) 7.5 GOVERNANCE AND SCRUTINY COMMITTEE OF 23 MAY 2013 (FOR NOTING ONLY) (pages 459-462) 7.6 SPECIAL CABINET OF 24 MAY 2013 (pages 463-465) - approved as a correct record with the exception of the recommendation detailed at page 464, paragraph (xv) which matter was the subject of an update report under the next sub-item. (i) MATTERS ARISING - OPENCAST MINING IN EAST AYRSHIRE - UPDATE - Having heard the Chief Executive in detailed explanation of the current position relative to a range of the matters agreed by Cabinet on 24 May 2013, and following discussion:- (a) Council unanimously agreed that, given the impact of the currently prevailing circumstances on our communities, that the Chief Executive write to KPMG, the appointed liquidator for Scottish Coal, expressing 6

the strong concern of Council as to the increasing period of time which was being taken to conclude the process for the sale of Scottish Coal assets; and seeking clarification of the reasons for this delay, including an explanation of the factors relating to the extension of time granted to Hargreaves to determine which of the assets of Scottish Coal they would have an interest in acquiring, and confirmation of the anticipated timescale for completion of the disposal process; and that this correspondence be copied to Fergus Ewing MSP, Minister for Energy, Enterprise and Tourism; and (b) Council noted (i) that the Office of Rail Regulation on 12 June 2013 had published, for consultation, a Draft Determination that the Freight Specific Charge Cap for Electricity Supply Industry Coal be set at the rate of £1.04 per thousand gross tonne miles (initially £4.04 per thousand gross tonne miles proposed) to be implemented on a phased basis between 2015/16 and 2018/19, with the Final Determination due in October; (ii) with concern, the detrimental impact of the proposed Charge on the viability of the coal industry in Scotland generally and in East Ayrshire in particular, with implications for the future sustainability of the indigenous coal supply and, importantly, for the communities of East Ayrshire; (iii) that the Council had made no formal submission to the consultation and that this matter would be discussed at the next meeting of the National Taskforce to be held in on 1 July 2013, at which representatives of the Office of Rail Regulation would be present and that, thereafter, there would be an opportunity for further consideration of this matter by Cabinet; and (iv) that, in the meantime, every possible opportunity was being taken to lobby in support of the Council‟s position. Councillor Kathy Morrice left the meeting at this point. 7.6.1 RECOMMENDATION: OPENCAST MINING AND SCOTTISH MINES RESTORATION TRUST LIMITED (ITEM 2(xv), PAGE 464, 12/17) - There was submitted a report dated 18 June 2013 (circulated) by the Depute Chief Executive which updated Council in relation to the Scottish Mines Restoration Trust and the Council‟s membership thereof; and made relevant recommendations in this respect. It was agreed:- (i) to recognise the importance of maintaining positive and productive relationships with the Scottish Mines Restoration Trust Ltd; (ii) to recognise the potential conflict of interest which might arise should the Council be a Member of the Board of the Scottish Mines Restoration Trust Ltd when the Board is considering East Ayrshire related matters; (iii) to, accordingly, not become a Member of the Scottish Mines Restoration Trust Ltd Board; and (iv) otherwise, to note the contents of the report. 7

7.6.2 MATTERS ARISING: OPENCAST COAL: INDEPENDENT REVIEW(ITEM 2(xviii), PAGE 465, 12/17) - There was submitted a report dated 24 June 2013 (circulated) by the Chief Executive which recommended to Council the proposed Terms of Reference of the Independent Review of the processes and procedures around the management, determination, implementation, monitoring and review of the planning processes in relation to opencast coal operations within East Ayrshire, all within the governance arrangements in place throughout the relevant period; and recommended further to Council, arrangements for the Independent Review to be undertaken. Councillor Douglas Reid, seconded by Councillor Tom Cook moved:- (i) to approve the Terms of Reference for the Independent Review as set out in the report; (ii) to approve the appointment of Mr Jim Mackinnon, Mr Chris Norman and Mr James Fowlie as the Independent Review Team, all as set out within the report; (iii) to the remuneration arrangements for each member of the Independent Review Team as set out in the report; (iv) that the Chief Executive liaise with CoSLA in order to put in place arrangements to ensure that the Independent Review Team has access to independent legal advice in undertaking the review process; (v) to receive the final report of the Independent Review Team following conclusion of the Review which will be no later than end November 2013; and (vi) otherwise, to note the contents of the report. Councillor Maureen McKay, seconded by Councillor Barney Menzies moved as an amendment:- (i) to approve the Terms of Reference for the Independent Review as set out in the report; (ii) to request the Chief Executive to identify an individual, who was independent of Local Government, who could be recommended to Council to chair the Independent Review; and, as a consequence, to make appropriate remuneration arrangements for the Review Team; (iii) that the Chief Executive liaise with CoSLA in order to put in place arrangements to ensure that the Independent Review Team has access to independent legal advice in undertaking the review process; (iv) whilst acknowledging the requirement not to fetter the Council‟s discretion in respect of any decisions which may require to be taken upon receipt of the Independent Review Team‟s final report, to give a general assurance that the recommendations contained within that report will be given the fullest consideration 8

in order to identify and initiate any appropriate action which may be required; and (v) otherwise, to note the contents of the report. On a division by a show of hands the motion was carried by 16 votes to 10. 7.7 LOCAL REVIEW BODY OF 24 MAY 2013 (pages 466-470) 7.8 LOCAL GOVERNMENT LICENSING PANEL OF 30 MAY 2013 (pages 471- 473) 7.9 APPEALS PANEL OF 4 & 11 JUNE 2013 (pages 474-475) 7.10 CABINET OF 5 JUNE 2013 (pages 476-478) 7.11 PLANNING COMMITTEE OF 14 JUNE 2013 (pages 481-485) Councillor Gordon Cree left the meeting at this point.

APPOINTMENT OF LEADER OF THE COUNCIL, DEPUTE LEADER AND CABINET PORTFOLIO SPOKESPERSONS ETC 8. There was submitted a report dated 29 May 2013 (circulated) by the Executive Director of Finance and Corporate Support which requested the Council to consider the appointment of the Leader of the Council, Depute Leader of the Council, Cabinet Portfolio Spokespersons, Chairs and Vice-Chairs etc as detailed in the Appendix to the report. Councillor Jim Buchanan, seconded by Councillor Tom Cook moved that appointments be made as follows, namely:- (i) Leader of the Council and Spokesperson for Strategic Planning, Management and Resources and Equalities - Councillor Douglas Reid; (ii) Depute Leader of the Council and Spokesperson for Improving Community Safety - Councillor Tom Cook; (iii) Spokesperson for Strategic Planning, Management and Resources and Equalities - Councillor Alan Brown; (iv) Spokespersons for Improving Community Health and Wellbeing - Councillors Kathy Morrice and Iain Linton; (v) Spokespersons for Delivering Community Regeneration - Councillors Jim Buchanan and Bobby McDill; (vi) Spokesperson for Promoting Lifelong Learning - Councillors Stephanie Primrose and Eòghann MacColl; (vii) Spokesperson for Planning - Councillor Jim Roberts; (viii) Governance and Scrutiny Committee - Chair: to come from the Opposition Group; Vice-Chair: Councillor John McFadzean; (ix) Appeals Panel - Chair: Councillor Alan Brown (as Spokesperson for Strategic Planning, Management and Resources and Equalities); (x) Local Government Licensing Panel - Chair: Councillor Tom Cook; 9

(xi) Grants Committee - Chair: Councillor Alan Brown and Vice-Chair: Councillor Tom Cook. (xii) Planning Committee - Chair: Councillor Jim Roberts (as Spokesperson for Planning), and Vice-Chair: Councillor Bobby McDill; and (xiii) Local Review Body - Chair: Councillor Jim Roberts (as Spokesperson for Planning). Councillor Barney Menzies, seconded by Councillor Maureen McKay moved as an amendment, recognising the potential to alter the make-up of appointments held by individual Councillors, namely:- (i) Leader of the Council - Councillor Maureen McKay; (ii) Depute Leader of the Council - Councillor Barney Menzies; (iii) Spokesperson for Strategic Planning, Management and Resources and Equalities - Councillor Maureen McKay; (iv) Spokespersons for Improving Community Health and Wellbeing - Councillors George Mair and Lillian Jones; (v) Spokespersons for Delivering Community Regeneration - Councillors Gordon Cree and John Knapp; (vi) Spokespersons for Promoting Lifelong Learning - Councillors John McGhee and Elaine Dinwoodie; (vii) Spokesperson for Planning - Councillor David Shaw; (viii) Governance and Scrutiny Committee - Chair: Councillor Barney Menzies; and Vice-Chair: Councillor Neil McGhee; (ix) Local Government Licensing Panel - Chair: Councillor Neil McGhee; (x) Grants Committee - Chair: Councillor Maureen McKay and Vice-Chair: Councillor Billy Crawford; and (xi) Planning Committee - Chair: Councillor David Shaw (as Spokesperson for Planning), and Vice-Chair: Councillor Billy Crawford. On a division by a show of hands, the motion was carried by 16 votes to 9. Following the successful proposal that the Chair of the Governance and Scrutiny Committee be filled by an Opposition Member, in terms of the above intimation made by the Opposition, Councillor Menzies was considered appointed as Chair of the Governance and Scrutiny Committee.

COUNCIL APPOINTMENTS 9.1 APPOINTMENT TO THE LOCAL GOVERNMENT LICENSING PANEL It was agreed, following a request by the Labour Group, that Councillor Pirie replace Councillor Menzies on the Local Government Licensing Panel. 9.2 SNP GROUP APPOINTMENTS TO VARIOUS BODIES It was agreed to make the following changes to appointments, viz:- (i) Councillor Hugh Ross to replace Councillor Eòghann MacColl on the Grants Committee; 10

(ii) Councillor John Campbell to replace Councillor Iain Linton on Association for Public Service Excellence; (iii) Councillor Eòghann MacColl to replace Councillor Iain Linton on the Ayrshire Educational Trust; (iv) Councillor Iain Linton to replace Councillor Eòghann MacColl on the Community Health Partnership; (v) Councillor Eòghann MacColl to replace Councillor Iain Linton on the East Ayrshire Joint Negotiating Committee for Teachers; (vi) Councillor Iain Linton to replace Councillor Kathy Morrice on the East Ayrshire Central Joint Consultative Committee; (vii) Councillor Robert McDill to replace Councillor Douglas Reid on the Industrial Communities Alliance; (ix) Councillor Tom Cook to replace Councillor Douglas Reid on the Prestwick Airport Consultative Committee and Councillor John Bell to replace Councillor Tom Cook as substitute; (x) Councillor Alan Brown to replace Councillor Douglas Reid on Scotland Excel and Councillor Douglas Reid replace Councillor Alan Brown as substitute; (xi) Councillor Alan Brown to replace Councillor Douglas Reid on the Supplier Development Programme; (xii) Councillor Eòghann MacColl to replace Councillor Douglas Reid on the Scottish Parliament Cross-Party Group on China; (xiii) Councillor John Campbell to replace Councillor Douglas Reid on the Planning Committee; (xiv) Councillor Andrew Hershaw to replace Councillor Stephanie Primrose on the East Ayrshire Licensing Board; (xv) Councillor Ellen Freel to replace Councillor John Bell and Councillor Kathy Morrice on the Prison Visiting Committees for HMP Kilmarnock and HMP Barlinnie, respectively; (xvi) Provost Jim Todd and Councillor Jim Roberts to replace Councillor Jim Buchanan and Councillor Andrew Hershaw, respectively, on the Ayrshire Valuation Joint Board; (xvii) Councillor Tom Cook to replace Councillor Jim Buchanan on the West of Scotland Loan Fund; and (xviii) Councillor Iain Linton to replace Councillor Eòghann MacColl on the South West Scotland Community Justice Authority.

COUNCIL APPOINTMENT TO BLINDCRAFT TRUST LTD 10. There was submitted a report dated 18 June 2013 (circulated) by the Executive Director of Finance and Corporate Support which invited Council to consider the appointment of an Elected Member as a Trustee to Blindcraft Trust Fund. Councillor Jim Buchanan seconded by Councillor John McFadzean moved that Councillor Tom Cook be appointed as Trustee to Blindcraft Trust. 11

Councillor Maureen McKay, seconded by Councillor Neil McGhee, moved as an amendment, that Councillor Barney Menzies be appointed as a Trustee to Blindcraft Trust. On a division by a show of hands, the motion was carried by 16 votes to 9.

ADJOURNMENT/RECONVENTION 11. The meeting adjourned at 1253 hours and reconvened at 1303 hours with the same Members present with the exception of Councillors Elaine Dinwoodie and Moira Pirie.

REVIEW OF THE SCHEME OF DELEGATION AND ADMINISTRATION 12. There was submitted a report dated 19 June 2013 (circulated) by the Executive Director of Finance and Corporate Support which submitted both for information and consideration of Council, a draft consolidated Scheme of Delegation and Administration to take cognisance of changes already agreed through Cabinet/Council since the last review and further proposed changes in light of operational experiences. Councillor Eòghann MacColl left the meeting at this point. It was agreed:- (i) to approve those proposed revisions for additional delegation of authority detailed within Appendix 1 to the report and to adopt the consolidated and revised Scheme of Delegation and Administration issued with the report, (a) with the exception of those operational functions under the Land Reform (Scotland) Act 2003 referred to at Page 65, bullet points 2-10, which matters would now be the responsibility of the East Ayrshire Leisure Trust; and (b) subject to the following additional amendments (which would be subject to notification and approval by the Scottish Ministers), viz:- any minor applications for opencast development be determined by the Planning Committee; any applications for variation or discharge of existing conditions relative to restoration or aftercare of sites be determined by the Planning Committee; and any future proposed restoration scheme submitted for approval in fulfilment of a planning condition be presented to the Planning Committee for determination; and (ii) otherwise, to note the contents of the report.

FINANCIAL STATEMENTS 2012/13 13. There was submitted a report dated 17 June 2013 (circulated) by the Executive Director of Finance and Corporate Support which submitted the Financial Statements for the year ended 31 March 2013 to the Council and sought approval to forward them to the Controller of Audit. The Executive Director of Finance and Corporate Support advised that the gross cost of delivering services for the year was £427.276m rather than £426.242m as indicated within paragraph 9 of his report. 12

It was agreed:- (i) to approve the Statement of Accounts for 2012/13; (ii) to approve the submission of the Group Statement of Accounts to the Controller of Audit no later than 30 June; and (iii) otherwise, to note the contents of the report. Councillor Moira Pirie rejoined the meeting during consideration and prior to determination of the preceding item.

REPORT BY THE CHIEF SOCIAL WORK OFFICER 14. There was submitted a report dated 12 June 2013 (circulated) by the Chief Social Work Officer which provided Council with his annual report for the period 2012/2013. The report focused on, and explained:- the role of the Chief Social Work Officer including in relation to statutory decision making in respect of specific social work aspects relating to mental health, adults with incapacity, secure applications and adoption; the response of Social Work to significant challenges during the year for a number of client groups, arising from, amongst other things, the Welfare Reform Programme, the economic downturn and demographic change; progress in effectively targeting learning and development opportunities for the workforce to improve outcomes for people who use Social Work Services; progress and development of service delivery aspects in relation to the key client areas of older people; adult services; alcohol and drugs and services to children and criminal justice services; and arrangements for scrutiny of social work services, both internal and external. Having heard the Chief Social Work Officer who provided further information and explanation relative to a range of pertinent matters raised by Members, it was agreed to note the terms of the report. Depute Provost John Campbell left the meeting at this point.

INTEGRATED HEALTH AND SOCIAL CARE 15. There was submitted a report dated 30 May 2013 (circulated) by the Chief Executive which provided an update on progress to date on the Integration of Adult Health and Social Care and specifically sought approval for (a) implementation of a Transitional Integration Board to plan for the establishment of a formal Health and Social Care Partnership in East Ayrshire; (b) the establishment of the post of Chief Officer of the East Ayrshire Health and Social Care Partnership; and (c) the process for appointment of the Chief Officer. It was agreed:- (i) that the geographic span of Social Care Partnership would be for East Ayrshire; (ii) that the model of partnership would be a Body Corporate; (iii) to endorse the implementation of both the Transitional and Shadow Partnership arrangements to plan for the establishment of a formal Health and Social Care Partnership in East Ayrshire; 13

(iv) to the establishment of the post of Chief Officer to the East Ayrshire Health and Social Care Partnership; (v) that four Elected Members (Local Authority) and four Board Members (NHS) serve on both the Transition Integration Board and the Shadow Integration Board; (vi) that one of the Elected Members (Local Authority) and one Board Member (NHS) will act as Chair or Vice-Chairperson of the Transition Integration Board and the Shadow Integration Board; (vii) the high level governance arrangements set out in Paragraphs 15-21 of the report which provided for the Transition Integration Board to plan for and finalise the governance arrangements for the Shadow Integration Board including amendment of NHS Ayrshire and Arran‟s Scheme of Delegation to Community Health Partnerships and amendment of the Council‟s Scheme of Delegation and Administration to create a Sub-Committee, which, together, would function as the Transition Integration Board, and relevant Standing Orders would be amended and aligned; (viii) to remit to officers to bring forward at Council on 19 September recommendations as to the scope of partnership and the legal forms of the Transition Integration Board and the Shadow Integration Board and appropriate detailed governance arrangements; (ix) to approve the process of appointment for Chief Officer as set out in paragraph 27-31 of the report; (x) to note that an Elected Members‟ Seminar would be arranged in August 2013 to help inform considerations in respect of the scope of the partnership and the governance arrangements within which it will operate; and (xi) otherwise, to note the contents of the report.

ESTABLISHMENT OF SHARED ROADS SERVICE 16. There was submitted a report dated 21 June 2013 (circulated) by the Chief Executive which sought approval for the establishment of a shared roads service involving East and Councils, to be known as Ayrshire Roads Alliance. It was agreed:- (i) that Roads and Transportation Services, as described within Appendix 3 to the report, be delivered on a shared service basis with South Ayrshire Council, with effect from 1 April 2014; (ii) to note that the Ayrshire Shared Services Joint Committee, to be known as the Ayrshire Councils Joint Committee, would have responsibility for the functions set out in paragraph 3.4.1 of the report in relation to the Shared Service; (iii) that East Ayrshire Council be the lead authority for the Shared Service; (iv) to note that relevant employees from South Ayrshire Council would transfer to East Ayrshire Council under TUPE regulations on 1 April 2014; 14

(v) that the Head of Service post be advertised and filled as soon as possible, followed by the Programme Manager, with each Council contributing one half of any additional employment costs arising in the current year; and (vi) that set up costs be funded from the Transformation Fund.

SCOTTISH GOVERNMENT REGENERATION CAPITAL GRANT FUND 17. There was submitted a report dated 20 June 2013 (circulated) by the Acting Executive Director of Neighbourhood Services which (i) provided Council with details of the recently launched Scottish Government Regeneration Capital Grant Fund (RCGF); and (ii) sought agreement (a) on the projects for which the Council should submit grant applications under the Fund; (b) in principle, as to the level of financial support from the Council for each project to be submitted; and (c) as to the priority that should be given to each grant application. It was noted, as advised by the Head of Planning and Economic Development, that at Paragraph 24 of the report, the estimated costs for demolition should read “£0.5m”. Councillor Jim Buchanan seconded by Councillor Bobby McDill moved, notwithstanding the hope that both applications would be successful, to approve the recommendations set out in the report, viz:- (i) to approve the submission of two Regeneration Capital Grant Fund applications for the following projects, prioritised as listed below:- (a) Hill Street, Kilmarnock – “pump priming” infrastructure projects aimed at bringing forward the site for development in support of Kilmarnock‟s regeneration; and (b) Glaisnock Centre, Cumnock – development of the preferred option in line with the Future Cumnock consultation but in particular demolition of the Glaisnock Centre; (ii) to agree, in principle, to the contribution of £2m towards the development of the Hill Street site, from the Kilmarnock Town Centre Regeneration Fund, subject to the success of the bid to the RCGF; (iii) to remit the Head of Planning and Economic Development to conduct discussions with the Klin Group to establish provisional terms of agreement which would form the basis of a development/partnership agreement to facilitate the development of the Hill Street, Kilmarnock site in the event that the bid proceeds to Stage 2; (iv) to, thereafter, remit the Solicitor to the Council to conclude a formal development/partnership agreement with the Klin Group to be submitted along with the Stage 2 bid in the event that the Stage 1 application is successful; and (v) otherwise, to note the contents of the report. Councillor Barney Menzies seconded by Councillor Billy Crawford moved as an amendment to approve the recommendations as set out in the report subject to the application to the Regeneration Capital Grant Fund in respect of Glaisnock Centre, Cumnock being afforded first priority ahead of the application in respect of Hill Street, Kilmarnock, notwithstanding the hope that both applications would be successful. 15

On a division by a show of hands the motion was carried by 11 votes to 7. Councillors Helen Coffey, Neil McGhee and Moira Pirie left the meeting during consideration and prior to determination of the preceding item.

The meeting terminated at 1502 hours.