EAST AYRSHIRE COUNCIL

MINUTES OF MEETING OF COUNCIL HELD ON THURSDAY 27 JUNE 2019 AT 1000 HRS IN THE COUNCIL CHAMBERS, COUNCIL HEADQUARTERS, LONDON ROAD,

PRESENT: Provost Jim Todd and Councillors Ellen Freel, Gordon Jenkins, John McFadzean, Helen Coffey, Ian Grant, Tom Cook, Iain Linton, Fiona Campbell, John Campbell, Barry Douglas, Jon Herd, John Knapp, Clare Maitland, Sally Cogley, George Mair, Elena Whitham, Depute Provost Claire Leitch and Councillors Neil McGhee, Jim Roberts, Alyson Simmons, Billy Crawford, Jim McMahon, Jacqui Todd, Walter Young, John Bell, Elaine Dinwoodie and Drew Filson. ATTENDING: Fiona Lees, Chief Executive; Alex McPhee, Depute Chief Executive and Chief Financial Officer: Economy and Skills; Katie Kelly, Depute Chief Executive: Safer Communities; Eddie Fraser, Director of Health and Social Care Partnership; David Mitchell, Chief Governance Officer; Joe McLachlan, Acting Head of Finance and ICT; Caroline Gordon, Communications Officer; and Julie McGarry, Administration Manager. APOLOGIES: Councillors John McGhee, Maureen McKay, Lillian Jones, Douglas Reid. CHAIR: Provost Jim Todd, Chair.

WITHDRAWN ITEM 1. The Provost gave notice that Item 9 on the Agenda - Non-Elected Member Representation - Teacher Representative to Serve on Cabinet had been withdrawn and would be considered by Cabinet after the summer recess.

PROVOST'S REMARKS 2. The Provost opened his remarks by referring to the great evening he and the Chief Executive had had when they had attended the Parkinson's Community Singers Group. The Provost stated that it had been lovely to spend time with the group members and have a chat with them over tea and cake and that it had been interesting to hear what the group were doing. The Provost advised that he was hoping to be able to take them up on their kind offer to go along to the Ayrshire Young Parkinson's Group meeting at some point in the future. The Provost then expressed his delight to have welcomed Austrian teachers from Oberndorf who had come along with children from their local school on a five day tour of which had taken in the William McIlvanney Campus, Council Headquarters and the Grange Academy Rugby School of Excellence. The Provost advised that the William McIlvanney students had spent a few hours with the Austrian students showing them their classwork in Biology, Chemistry and Art. The Provost then advised that he had attended the launch of the Kilmarnock Academy School Programme for Football at where he had enjoyed meeting the youngsters involved as their dedication and passion for the game was evident to see. The Provost stated that the academic part of their studies was just as important as the football and hoped that some would progress on to the mighty Killie's first team and urged them to keep up the good work. 2

The Provost further advised that he had been invited along to the Ayrshire East District Scout Council Awards in the Council Chambers where he had had the pleasure of presenting some of the awards. The Provost remarked that, again, it had been evident that the commitment from the Scouts in all they did was a credit to and that the families of the Scouts had all had a pleasant evening. The Provost then went on to advise that he and the Depute Provost had been invited to the Logangate Arms to meet with visitors from Spain. The Provost stated that a lot of families living in the area are of Spanish descent due to coming to work in the mining communities and that one of the families had never been to Scotland to visit relatives. The Provost remarked that it had been a great night and it had been a pleasure to have met everyone. The Provost then advised that the Depute Provost had been in attendance at the Junior Cup Final in Hamilton and congratulated Talbot on winning their 13th Scottish Junior Cup against Largs Thistle. The Provost remarked that this was a great achievement for the team who had also won the West Premiership and the League Cup and further remarked that East Ayrshire really was the home of junior football. The Provost then stated that the Depute Provost had been delighted to attend the 'Roon the Toon' 10k road race which had left from the Ayrshire Athletics Arena. The Provost further stated that more than 1,200 people had run in this year's event which had been organised by Kilmarnock Harriers. The Provost advised that a number of participants had proudly worn Killie tops to mark the Club's 150th anniversary and involvement in the 2019 edition of the race and the Provost congratulated all involved. The Provost remarked that the more observant would have noted that on page 91 of the Council's Annual Accounts, we had highlighted Chris Smith, our Grange Academy Maths Teacher who was Teacher of the Year in 2018/19. The Provost advised that Chris and his family had also won through to the final of the BBC Family Brain Games series to find Britain's Smartest Family which would be broadcast that evening. The Provost remarked that they came across as a lovely family and offered them our best wishes for the final. The Provost went on to advise that he and the Depute Provost had been delighted to attend the launch of Shannon's Hamper. The Provost explained that Shannon was a young care leaver who had lived in Sunnyside, for four - five years and was one of our Connecting Voices Group. The Provost stated that Shannon had come up with the idea of giving young people going into care a nice hamper to make their experience a little easier and that the hamper included a photo album, face cloth, teddy bear, night light, colouring pens, a treasure chest box, a book and a diary. The Provost remarked that this was a brilliant project which would make a real difference to those who had to go into care and congratulated Shannon. Finally, the Provost advised that earlier this month the Queen's Birthday Honour's List had been published and he wanted to take the opportunity to recognise some of our local recipients. The Provost began by referring to Mark Gibson of Craigengillan Estate who had been awarded an OBE for his services to Heritage which recognised the conservation work he had led on his estate and also the development of the Scottish Dark Sky Observatory which was one of our top tourist attractions. The Provost then spoke of Iona McDonald, the Lord Lieutenant, who had been awarded an MBE for her services to Law and Order, which reflected her many years of dedicated public service. The Provost advised that most recently she had served as Senior Sheriff at Kilmarnock and he was delighted to have had the opportunity to work closely with her in her role as Lord Lieutenant. The Provost then spoke of Robin Gourlay, the Council's former 3

Head of Onsite Services, who had been recognised with an OBE for the contribution he had made to the Scottish Food and Drink Industry. The Provost stated that Robin had always recognised that food, especially in schools, could deliver health, economic, social and environmental benefits. The Provost finished by mentioning Sara Donald from Fenwick, who had been awarded an MBE for public and political service. The Provost congratulated Mark, Iona, Robin and Sara.

The Provost finished by mentioning Sara Donal from Fenwick, who had been awarded an MBE for public and political service.

Councillor Cogley joined the meeting during the above item.

PROVOST/DEPUTE PROVOST 3.1 ELECTION OF PROVOST It was agreed that Councillor Jim Todd be elected as Provost.

3.2 ELECTION OF DEPUTE PROVOST It was agreed that Councillor Claire Leitch be elected as Depute Provost.

DECLARATIONS OF INTEREST 4. Declarations of non-financial interest were made as follows:- Councillor Billy Crawford as a member of St Andrew's Church and Councillor Elena Whitham as a member of the Humanist Society in terms of Agenda Item 8 which they considered significant having considered the terms of the objective test as outlined in paragraph 5.3 of the Councillors' Code of Conduct and withdrew from the meeting when the item was being discussed. Councillor Jon Herd declared an interest in Agenda Item No 8 and, in declaring the interest did not consider it to be significant, having considered the terms of the objective test as outlined in paragraph 5.3 of the Councillors' Code of Conduct and remained in attendance.

PREVIOUS MINUTES 5. There were submitted (circulated) and approved as a correct record, the Minutes of the Council Meeting of 9 May 2019 (pages 4-9).

SIX MONTHLY UPDATE ON THE CABINET ACTIVITY 6. There was submitted and noted a report dated 14 June 2019 (circulated) by Councillor Douglas Reid, Leader of Council. CABINET/COMMITTEE MINUTES 7. There were submitted (circulated) and approved as correct records (with the exception of the Minutes of the Integration Joint Board and Governance and Scrutiny Committee which were for noting only) the Minutes of the undernoted Meetings, viz:- 7.1 INTEGRATION JOINT BOARD OF 26 MARCH 2019 2019 (pages 21-28). 7.2 GOVERNANCE AND SCRUTINY COMMITTEE OF 25 APRIL 2019 (pages 29-35). 7.3 CABINET OF 1 MAY 2019 (pages 36-40). Matter Arising - Employee Award Ceremony Judging Panel (page 37) 4

Having noted that Councillors Herd and Crawford had already been nominated, agreed to also nominate Councillor Maitland to the Judging Panel. 7.4 INTEGRATION JOINT BOARD OF 8 MAY 2019 (pages 41-45). 7.5 CABINET OF 15 MAY 2019 (pages 46-48). 7.6 SPECIAL PLANNING COMMITTEE OF 17 MAY 2019 (pages 49-51). 7.7 LOCAL REVIEW BODY OF 20 MAY 2019 (pages 52-54). 7.8 PLANNING COMMITTEE OF 24 MAY 2019 (pages 55-59). 7.9 GRANTS COMMITTEE OF 6 JUNE 2019 (pages 60-66). 7.10 CABINET OF 12 JUNE 2019 (pages 67-74).

APPOINTMENT OF LEADER OF COUNCIL, DEPUTE LEADER OF COUNCIL AND CABINET MEMBERS, CHAIRS AND VICE-CHAIRS 8. There was submitted a report dated 29 May 2019 (circulated) by the Chief Governance Officer which requested Council to consider the appointment of Leader of the Council, Depute Leader of the Council, Cabinet Members, Chairs and Vice-Chairs etc as detailed in the Appendix to the report. It was agreed to make the following appointments, namely: (i) Leader of Council and Chair of Cabinet, also with responsibility for Strategic Planning at Partnership, Council and Service Levels - Councillor Reid; (ii) Depute Leader of Council and Cabinet Member with responsibility for Housing and Communities - Councillor Whitham; (iii) Cabinet Members Cabinet Member with responsibility for Management and Resources: Councillor Jenkins Cabinet Member with responsibility for Economy and Infrastructure: Councillor Roberts Cabinet Member with responsibility for Skills and Learning: Councillor Fiona Campbell Cabinet Member with responsibility for Older People and Community Safety: Councillor McMahon Cabinet Member with responsibility for Wellbeing: Councillor Linton Cabinet Member with responsibility for Equalities, Inclusion and Poverty: Councillor Maitland Councillors John McGhee and Neil McGhee from the Labour Opposition Group Councillor Tom Cook from the Conservative Opposition Group (iv) Governance and Scrutiny Committee Chair of the Governance and Scrutiny Committee - Councillor Douglas. Vice-Chair of the Governance and Scrutiny Committee - Councillor Grant. (v) Chairs and Vice-Chairs: Appeals Panel Chair - Cabinet Member with responsibility for Management and Resources as Chair, namely Councillor Jenkins, and two other Members as potential Chairs, names to be intimated to the Administration Manager. 5

Local Government Licensing Panel Chair - Councillor McMahon Grants Committee Chair - Councillor Linton Vice-Chair - Councillor Bell Planning Committee Chair - Councillor Roberts Vice-Chair - Councillor Jenkins Local Review Body Chair - Chair of Planning Committee, namely Councillor Roberts, and two other Members as potential Chair from the Planning Committee members, namely Councillors Jenkins and Cook. Police and Fire and Rescue Committee Chair - Councillor Cook Vice-Chair - Councillor Douglas

ANNUAL ACCOUNTS 2018/19 9. There was submitted a report dated 19 June 2019 (circulated) by the Depute Chief Executive and Chief Financial Officer: Economy and Skills which submitted the Annual Accounts for the year ended 31 March 2019 to the Council for approval and thereafter to forward them to the External Auditors. It was agreed: (i) to approve the unaudited Annual Accounts for 2018/19; (ii) to approve immediate submission of the Group Annual Accounts to the External Auditors; and (iii) otherwise, to note the contents of the report.

Councillors Elena Whitham and Billy Crawford left the meeting at this point.

VOTING RIGHTS FOR NON-ELECTED MEMBERS ON CABINET 10.1 Declaration of Interest Councillor Neil McGhee declared a non-financial interest as a member of the Catholic Church and in declaring the interest did not consider it to be significant having considered the terms of the object test as outlined in paragraph 5.3 of the Councillors' Code of Conduct and remained in attendance. 10.2 Consideration of Item There was submitted a report dated 12 June 2019 (circulated) by the Chief Governance Officer which invited Council to consider the voting rights of non-Elected Member representatives on Cabinet. It was agreed to continue consideration of this matter to a future meeting of Council in order that officers could consult with the five organisations who had non-Elected Member representation on Cabinet, to seek their views on whether their 6

representatives should retain or have removed their voting rights at Cabinet when considering Education business.

Councillors Elena Whitham and Billy Crawford rejoined the meeting at this point.

SUPPORT FOR INTERNATIONAL FAIR TRADE CHARTER 11. There was submitted a report dated 12 April 2019 (circulated) by the Chief Governance Officer which invited Council to pledge its support for the International Fair Trade Charter. It was agreed: (i) to pledge support for the International Fair Trade Charter; and (ii) otherwise, to note the contents of the report.

PROVOST'S CHARITY 12. There was submitted a report dated 5 June 2019 (circulated) by the Chief Governance Officer which informed Council of the support which the Provost's Office had given to Prostate Cancer during 2017/19 and of the intention of the Depute Provost, for the coming two years, to focus her attention on support for the Kris Boyd Charity. It was agreed: (i) to acknowledge the efforts of everyone involved and congratulate them for the support given and the money raised through the Provost's Office during 2017/19 for Prostate Cancer UK; and (ii) to recognise and endorse the approach being taken by the Depute Provost to focus her attention on support to the Kris Boyd Charity for 2019/21, recognising that engagement and joint work would also be carried out with other similar charities, ie Break the Silence, Beautiful Inside and Out etc.

MOTION BY COUNCILLOR WILLIAM CRAWFORD 13. Council agreed to support the undernoted motion:- "Communities throughout East Ayrshire have been disaffected by an unfair bus system that allows private bus companies to withdraw or cut local bus services with little notice. This Council believes it is time to put the interests of communities before bus company profits and requests officers to prepare a report on options for the Council to run local bus services including that of establishing a municipal bus company to do so. We request that officers explore options of joint working with the adjacent authorities of North and South Ayrshire and investigate the option of connecting with Dumfries and Galloway and bring that report to a further meeting of East Ayrshire Council." In supporting the Motion, Members were keen that any options being looked at would include a range of matters raised by Members, namely the emerging Transport (Scotland) Bill; use of electric or small vehicles; Ayrshire Growth Deal; Strategic Transport Appraisal; existing community groups, ie Coalfield Community Transport.

The meeting terminated at 1147 hrs.