1 SOUTH AYRSHIRE COUNCIL. Minutes of meeting in County Buildings, Wellington Square, Ayr, on 27th June 2013 at 10.00 a.m. Present: Councillors Helen Moonie (Provost), John Allan, Andy Campbell, Douglas Campbell, Ian Cavana, Alec Clark, Ian Cochrane, Brian Connolly, Peter Convery, Kirsty Darwent, Hywel Davies, Allan Dorans, Ian Douglas, Ann Galbraith, Sandra Goldie, Bill Grant, William J. Grant, Hugh Hunter, Mary Kilpatrick, John McDowall, Nan McFarlane, Brian McGinley, Bill McIntosh, Rita Miller, Alec Oattes, Robin Reid, Philip Saxton, Margaret Toner and Corri Wilson. Apology: Councillor John Hampton. Attending: E. Howat, Chief Executive; V. Andrews, Acting Executive Director – Resources, Governance and Organisation; H. Garland, Executive Director – Care, Learning and Wellbeing; L. Bloomer, Executive Director – Economy, Neighbourhood and Environment; C. Monaghan, Head of Policy, Community Planning and Public Affairs; D. Gillies, Head of Corporate Resources; M. Newall, Head of Neighbourhood Services; C. Cox, Planning Manager; L. Fyfe, Manager, Community, Enterprise and Development; F. Ross, Environmental Strategy Officer; C. Downie, Communications Officer; and E. Wyllie, Committee Services Officer. Also attending: David Richardson, Audit Manager, Audit Scotland. 1. Provost. The Provost (1) welcomed everyone to the meeting; (2) intimated that the Minutes of the Local Review Board of 18th June and the Rural Panel (Special) of 24th June 2013 had been tabled for consideration; (3) advised that she had written, on the Council’s behalf, to express the Council’s warmest congratulations to the following recipients of an award in the Queen’s Birthday Honours List:- Professor Janice Kirkpatrick, OBE for Services to Graphic Design; Bernadette Docherty, MBE for Services to Childcare in Scotland; Joseph Fisher, MBE for Services to Disability Sport; George Hitchon, MBE for Services to the Community in Ayr; Ian Valentine, MBE for Services to Education and the Community in Ayrshire; Dr. Fiona Paterson, BEM for Services to People with Dementia and their Families in Ayrshire; and Tarbolton Tenants' and Residents' Association, the Queens Award for Voluntary Service; (4) informed that an apology had been received from Councillor John Hampton; and 2 (5) indicated that, given the length of the Agenda, adjournments for comfort breaks and lunch would be proposed throughout the course of the meeting. 2. Sederunt. The Chief Executive called the Sederunt for the meeting. 3. Declarations of Interest. In terms of Council Standing Order No. 17 and the Councillors’ Code of Conduct, (1) Provost Moonie, Councillors Bill Grant and Kilpatrick (a) declared an interest in the report 'Bid from South Ayrshire Council to Creative Scotland for Place Partnership Status for South Ayrshire' as they were Curators of the Maclaurin Bequest; and (b) indicated that they would not withdraw from the meeting as this was not material to the consideration of this report; (2) Councillor Hunter (a) declared an interest in the report 'Integration of Adult Health and Social Care in South Ayrshire: Initial Proposals' as he was the Council's representative on Ayrshire and Arran Health Board; and (b) indicated that he would not withdraw from the meeting in accordance with paragraph 5.18 of the Councillors' Code of Conduct (Specific Exclusions); (3) Councillor Saxton (a) declared an interest in the report 'Marr College – Agreement on the Acquisition of Land and Buildings' as he was a Governor of CK Marr Educational Trust; and (b) indicated that he would withdraw from the meeting during consideration of this item at the appropriate point in the meeting; and (4) Councillor Darwent (a) declared an interest in the report "Integration of Adult Health and Social Care in South Ayrshire: Initial Proposals" as she was the Vice-Chair of Ayrshire and Arran Health Board; and (b) indicated that she would withdraw from the meeting during consideration of this item at the appropriate point in the meeting. 3 4. Minutes of previous meetings of Council. The Minutes of the undernoted South Ayrshire Councils (issued) were submitted and authorised to be signed as correct records of these meetings:- (1) 25th April 2013 (link attached); and (2) 30th May (Special) 2013 (link attached). 5. Minutes of previous meetings of Panels. The Minutes of the undernoted Panels (issued) were submitted and approved as a correct record of these meetings:- (1) Local Review Body of 23rd April 2013 (link attached); (2) Local Review Body of 7th May 2013 (link attached); (3) Local Review Body of 4th June 2013 (link attached); (4) Local Review Body of 18th June 2013 (link attached); (5) Leadership Panel of 30th April 2013 (link attached); Councillor McIntosh, seconded by John McDowall, moved the Minutes of the Leadership Panel of 30th April 2013 and the recommendations as contained within the 'C' paragraph on Page 309, paragraph 13 entitled 'Managing Workforce Change'. By way of an Amendment, Councillor Douglas Campbell, seconded by Councillor McFarlane moved that the recommendation within the Managing Workforce Change document relating to employee salary preservation should be for a period of 36 months rather than a 12 month period. On a vote being taken by a show of hands, nine Members voted for the Amendment and seventeen for the Motion which was accordingly declared to be carried. (6) Leadership Panel of 28th May 2013 (link attached); (7) Regulatory Panel of 2nd May 2013 (link attached); (8) Regulatory Panel of 30th May 2013 (link attached); (9) Chief Officers’ Appointment / Appraisal Panel of 3rd May 2013 (link attached); (10) Chief Officers’ Appointment / Appraisal Panel of 20th May (link attached); (11) Development and Environment Standing Scrutiny Panel of 7th May 2013 (link attached); (12) General Purposes Panel (Special) of 8th May 2013 (link attached); 4 (13) General Purposes Panel of 15th May 2013 (link attached); (14) Corporate and Community Planning Standing Scrutiny Panel of 9th May 2013 (link attached); (15) Corporate and Community Planning Standing Scrutiny Panel of 6th June 2013 (link attached); In relation to recommendation (2) contained in the 'C' paragraph on Page 393, paragraph 11 entitled 'Audit Scotland – Departure of Chief Executive', concerns were expressed in respect of the confidentiality of the report and on the availability of the Audit Manager, Audit Scotland to provide any clarification on the contents of the report at the end of this meeting given the length of the Agenda. The Acting Executive Director – Resources, Governance and Organisation advised that it was the disclosure of this report that was being considered, as the content had been considered by the Corporate and Community Standing Scrutiny Panel at its meeting of 6th June 2013, and suggested that this be undertaken at the end of the meeting in conjunction with the consideration of the disclosure of the other confidential reports, and this was agreed. (16) Rural Panel of 30th May 2013 (link attached); (17) Rural Panel (Special) of 24th June 2013 (link attached); (18) Community Services Standing Scrutiny Panel of 5th June 2013 (link attached); and (19) Scrutiny and Governance Management Panel of 11th June 2013 (link attached). 6. Leadership Panel Annual Report. There was submitted a report (issued) of 19th June 2013 (link attached) by the Head of Policy, Community Planning and Public Affairs presenting the Leadership Panel Annual Report for 2012/13 for consideration. The Council Decided: to note the Leadership Panel Annual Report for 2012/13. 7. Scrutiny and Governance Management Panel Annual Report. There was submitted a report (issued) of June 2013 (link attached) by the Scrutiny and Government Management Panel presenting its Annual Report for 2012/13 for consideration. The Council Decided: to note the Scrutiny and Governance Management Panel Annual Report for 2012/13. 5 8. Schedule of Meetings from 20th August 2013 to 27th April 2017. There was submitted a report (issued) of 19th June 2013 (link attached) by the Head of Legal and Democratic Services advising of proposed changes to the timetable of meetings. Clarification was sought and provided regarding the timing of the Leadership Panel prior to summer recess 2014 given the length of the Council agenda being considered today. The Council Decided: to agree (1) that the Licensing Board scheduled to take place on Thursday 22nd May 2014 now take place on Tuesday 20th May 2014; and (2) that the Licensing Board scheduled to take place on Thursday 18th September 2014 now take place on Tuesday 16th September 2014. 9. Local Licensing Forum Membership. There was submitted a report (issued) of 19th June 2013 (link attached) by the Head of Legal and Democratic Services seeking to supplement the membership of the Local Licensing Forum. A Member of the Council suggested that a formal selection process be compiled for future appointments to the membership of the Forum. The Acting Executive Director – Resources, Governance and Organisation indicated that she would review this process further and report back to Members. The Council Decided: to agree that the membership of the Local Licensing Forum be augmented by the appointment of Brenda Kidd, Peter Mason, Ronnie Maclellan and a member to be nominated by the Ayrshire Minority Ethnic Community. 10. Scheme of Delegation. There was submitted a report (issued) of 19th June 2013 (link attached) by the Head of Legal and Democratic Services seeking (1) to amend the Scheme of Delegation following further review; and (2) agreement to delegated authority