Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 6 March 2008 at 10.30 a.m.
Mr A Rhind opened the meeting with prayer.
1. Calling of the Roll and Apologies for Absence
Present
Mr G Farlow, Ms L Munro, Mr R Rowantree, Mr D Mackay, Mr J Rosie, Lady M Thurso, Mr W Fernie, Mrs K MacNab, Mr G M Smith, Mr D Bremner, Mr R Coghill, Mr D C M Flear, Mr W MacKay, Mrs D Mackay, Mr J McGillivray, Mr W J Ross, Mrs I Campbell, Mr R Greene, Mrs J Urquhart, Mr M Rattray, Ms M Smith, Mrs C Wilson, Mr A Rhind, Mr A Torrance, Mr P Cairns, Mrs M Paterson, Dr D Alston, Mr B Barclay, Mr C Fraser, Mrs I McCallum, Mr H Fraser, Mr J Laing, Mr A Millar, Mr I Renwick, Mr W Clark, Mr A Henderson, Mr E Hunter, Mrs H Carmichael, Mrs M Davidson, Mr A Hendry, Mr A Graham, Mrs P Munro, Miss J Campbell, Mr P Corbett, Mr D Kerr, Mrs E McAllister, Mr N Donald, Mr J Finnie, Mr D Henderson, Mr F Parr, Mr I Brown, Mr J Gray, Mr R Balfour, Mr J Ford, Mrs G Sinclair, Mr R Wynd, Mr L Fraser, Mrs L MacDonald, Mr G Marsden, Mr A S Park, Mr J Crawford, Mr J Holden, Mr R Pedersen, Mr T Prag, Ms J Douglas, Mr D Fallows, Mr G Rimell, Mr D Cameron, Dr M E M Foxley, Mr B Gormley, Mr B J Murphy
In Attendance:
Chief Executive, Depute Chief Executive and Director of Finance, Director of Social Work, Director of TEC Services, Acting Director of Planning and Development, Assistant Chief Executive, Director of Education, Culture and Sport, Director of Housing & Property, Head of Committee Services
Mr A S Park in the Chair
Apologies for absence were intimated on behalf of Dr A Sinclair, Mr M Finlayson, Mr R Durham, Mr D Chisholm, Ms A MacLean, Mr H Wood, Mr J MacDonald, Mr K MacLeod and Mr F D S Black.
Preliminaries
Prior to the commencement of the formal business, a presentation was made to Ms R Pieroni, Head of Committee Services, who was to retire on 14 March 2008, during which tribute was paid to her commitment and contribution to the Council.
2. Confirmation of Minutes
There had been submitted for confirmation as correct records the Minutes of Meeting of the Council held on 13 December 2007 and of the Special Meeting held on 14 February 2008 - which were APPROVED - subject to the following:
Page 381: Item 11: Nigg Fabrication Yard
The Council NOTED that the Master Plan setting out the vision and expectations for the site would be submitted for approval by the Highland Council.
3. Minutes of Meetings of Committees
There had been submitted for confirmation as correct records, for information as regards delegated business, and for approval as appropriate, the Minutes of Meetings of Committees on the dates shown:-
(Link to Minutes and Agendas Index)
3.1 Inverness City Committee - 17 December 2007
3.2 Housing and Social Work Committee - 16 January 2008
3.3 Education, Culture and Sport Committee - 17 January 2008
3.4 Gaelic Committee - 17 January 2008
3.5 Joint Committee for Children and Young People - 18 January 2008
3.6 Planning, Environment and Development Committee - 23 January 2008
3.7 Transport, Environmental and Community Services Committee - 24 January 2008
3.8 Inverness City Committee - 4 February 2008
3.9 Resources Committee - 20 February 2008
3.10 Audit and Scrutiny Committee - 21 February 2008
The Minutes, having been moved and seconded, were, except as undernoted, APPROVED - matters arising having been dealt with as follows:
Housing and Social Work Committee - 16 January 2008
Page 431: Item 7: Delivering Care Homes Progress Report
The Council NOTED that the agenda for the next meeting of the Committee would include items on proposals on the Joint Committee for Action on Community Care and late discharges.
Page 432: Item 9: Home Energy Conservation Act: Progress Report
The Council NOTED that reference had been made at the meeting to the issuing of guidance notes on disposal of energy saving light bulbs and that it was the Committee’s intention to reflect best practice around the country.
Education, Culture and Sport Committee - 17 January 2008
*Starred Item* - Page 441: Item 10: Duncraig Castle Educational Trust Scheme 1999
The Council AGREED :-
(i) the Plan of Scholarships, Grants and Assistance under the Duncraig Educational Trust Scheme 1999, subject to further consideration of the upper age limit;
(ii) to maintain the community element of the Trust, a Sub Committee be established consisting of Members of the Wester Ross, Strathpeffer and Lochalsh ward and the Chairman and Vice Chairman of the Education, Culture and Sport Committee to consider and dispose of grant applications to the Trust within the terms of the Scheme; and
(iii) the administrative arrangements for the distribution of awards under the Scheme.
Gaelic Committee - 17 January 2008
Page 446: Item 5: Gaelic Education Provision in Schools and Nurseries
The Council NOTED that the proposal of establishing a Gaelic Primary School in the Portree area would be submitted for consideration by the Gaelic Committee.
Joint Committee for Children and Young People - 18 January 2008
Page 458: Item 8: Early Years Review Update
The Council NOTED that this was a standing item on the Joint Committee and that any Member of the Council could attend meetings if they wished. In addition, a meeting of Caithness Members and Early Years Officers had been arranged to discuss specific concerns in relation to the Early Years Review.
Transport, Environmental and Community Services Committee - 24 January 2008
The Council NOTED that Mr B Gormley had been in attendance at the meeting.
Page 478: Item 7: Inverness Old Town Rose Street Multi-Storey Car Park
The Council NOTED that information on charges for reserved spaces in the Cathedral Car Park would be provided to Mr N Donald following the meeting.
Inverness City Committee - 4 February 2008
Page 488: Item 2: Minutes of Previous Meeting
The Council NOTED that, in relation to any matters arising from the Minutes of Meetings of the Inverness City Committee, it was open to Members to use the Notice of Amendment or Notice of Motion procedures in relation to the Council agenda if necessary. It was further NOTED that the formation of a Political Arrangements Working Group (item 6) would enable such processes to be further considered.
Page 489: Item 3: Notice of Motion – Scrutiny of Service Delivery
The Council NOTED that the detail of reporting information both to the City Committee and Wards would be the subject of a further report to the next appropriate meeting of the City Committee.
Audit and Scrutiny Committee - 21 February 2008
Page 511: Item 5: External Audit Reviews
There had been circulated Report from the Council’s External Auditors (Audit Scotland) on Matters arising from the Audit of the 2006/07 Financial Statements for information - which was NOTED.
Page 511: Item 6: Scrutiny Planning Working Group
There had been circulated Report No. SP-1-08 dated 4 January 2008 by the Director of Finance, together with Minutes of Meetings of the Scrutiny Planning Working Group held on 11 January and 8 February 2008 - which were APPROVED.
4. Climate Change Working Group – Minutes of Meeting
There had been circulated Minutes of Meeting of the Climate Change Working Group held on 6 December 2007 - which were APPROVED.
The Council also AGREED to delegate powers to the Head of Policy and Performance, in consultation with the Members of the Climate Change Working Group, to finalise the Council’s response to the Scottish Government proposals for a Scottish Climate Change Bill and the content of the Council’s draft Climate Change Declaration Annual Statement and further to respond to other future consultations falling within the Working Group’s area of interest.
5. Recruitment Panel – Minutes of Meetings
There had been circulated Minutes of Meeting of the Recruitment Panel for the Director of Planning and Development which had been held on 21 December 2007 and 29 February 2008 - which were NOTED.
6. Review of Political Arrangements
There had been circulated Report No. HC-49-07 dated 28 February 2008 by the Chief Executive which recommended a review of the current political arrangements which had been operating since May 2007 and that a Working Group be established, comprising up to 15 Members, with the following remit -
(i) to survey all Members of the Council to ascertain their views on the
current political structure; and, in light of the results, to examine –
(i) the Strategic Committee Structure;
(ii) the Planning Applications and Review Committees, Licensing
Committees and Licensing Boards currently set up in each of the
operational areas;
(iii) the operation of the Wards and Ward Forums; and
(iv) the potential for technological solutions to secure improved
access to the democratic process for elected Members and the
public.
(ii) to look at (i) – (iv) in terms of the requirements of the Audit Scotland
findings as outlined in Paragraph 1.1 of the report, as well as in terms of
local democratic accountability; and
(iii) to provide fully costed options for the Council’s consideration, one of which
might be the status quo.
It was anticipated that the work of the Group would be completed in time to report back to the Council meeting on 26 June 2008.
Motion from the Administration
The Convener and Vice Convener MOVED, on behalf of the Administration, approval of the recommendations and that the membership of the Working Group should be as follows –
Mr D Fallows, Mr D Bremner, Mr J MacDonald, Ms J Douglas, Mr D Kerr, Mr J Rosie, Mr H Fraser, Mr L Fraser, Mr G Farlow, Mr W Clark, Mr R Greene, Mr A Torrance, Mr D Cameron, Mr B Barclay and Mr P Corbett.
As an AMENDMENT, Mr W J Ross, seconded by Mr T Prag, moved approval of the recommendations on the basis that the Working Group membership should reflect the Council’s political make-up and balance.
On a vote being taken, the MOTION received 39 votes and the AMENDMENT received 25 votes and the MOTION was therefore CARRIED - the votes having been cast as follows:-
For the Motion:-
|
Mr G Farlow
Mr D Mackay
Mr J Rosie
Mr W Fernie
Mr R Coghill
Mr W MacKay
Mr J McGillivray
Mr R Greene
Mrs J Urquhart
Ms M Smith
Mrs C Wilson
Mr A Torrance
Mr P Cairns
Mr B Barclay
Mr C Fraser
Mr H Fraser
Mr J Laing
Mr I Renwick
Mr W Clark |
Mr A Henderson
Mr E Hunter
Mrs H Carmichael
Mrs M Davidson
Mr A Hendry
Mrs P Munro
Mr P Corbett
Mr D Kerr
Mr N Donald
Mr J Finnie
Mr I Brown
Mr R Balfour
Mr R Wynd
Mr L Fraser
Mrs L MacDonald
Mr A S Park
Mr R Pedersen
Mr D Fallows
Mr D Cameron
Mr B Gormley |
For the Amendment:-
|
Mr R Rowantree
Lady M Thurso
Mr G M Smith
Mr D C M Flear
Mrs D Mackay
Mr W J Ross
Mrs I Campbell
Mr M Rattray
Dr D Alston
Mr A Millar
Mr A Graham
Miss J Campbell |
Mrs E McAllister
Mr D Henderson
Mr F Parr
Mr J Gray
Mr J Ford
Mrs G Sinclair
Mr G Marsden
Mr J Crawford
Mr J Holden
Mr T Prag
Mr G Rimell
Dr M E M Foxley
Mr B J Murphy |
Decision
The Council AGREED :-
(i) the formation of a Working Group, comprising Mr D Fallows, Mr D Bremner, Mr J MacDonald, Ms J Douglas, Mr D Kerr, Mr J Rosie, Mr H Fraser, Mr L Fraser, Mr G Farlow, Mr W Clark, Mr R Greene, Mr A Torrance, Mr D Cameron, Mr B Barclay and Mr P Corbett, to review the current political arrangements in terms of the remit as detailed in the report; and
(ii) that the Group report back to the Council on 26 June 2008 providing fully costed options for consideration.
7. Questions to the Convener
The following Questions had been received by the Chief Executive in terms of Standing Order 42:-
Dr D Alston
“Question to the Chair of Resources – Following the adoption of the Administration’s budget, how many staff will see their posts deleted (full time and part time, and expressed as full time equivalent) and what protection is offered to staff redeployed to lower paid posts?”
The response had been circulated.
In terms of a supplementary question, Dr Alston queried as to whether the Chair of the Resources Committee was satisfied that the timing and method by which staff members had been advised as to the future of their jobs had been appropriate?
In response, the Chair of Resources Committee confirmed that the Trade Unions had been consulted and she was happy with the way in which the process had been conducted.
Decision
The Council NOTED the position.
Mr W J Ross
“Can the Convener advise me of the current Planning Officer and Building Control Officer staffing levels at our Planning and Building Control offices across the Highland Council area and the number of outstanding vacancies within these functions?”
The Convener’s response had been circulated.
In terms of a supplementary question, Mr Ross queried as to whether it would it be possible to have an early report to the Resources Committee to outline the measures that the Council had been taking, including incentives to attract new staff and retain existing staff?
In response, the Convener confirmed that a report on the Building Standards Audit would be submitted to the Planning, Environment and Development Committee in the first instance and thereafter to the Resources Committee.
Decision
The Council NOTED the position.
Mr R J Coghill
“With consideration to the public’s concern over the impact of climate change, will the Convener give a commitment to reduce street lamps by a minimum of 50% outwith town and city centres in order to reduce the carbon footprint and cost incurred by excessive lighting”.
The Convener’s response had been circulated.
In terms of a supplementary question, Mr Coghill enquired as to whether the Convener would support communities that wished to have street lighting removed?
In response, the Convener confirmed that this matter would be dealt with by the Climate Change Working Group with the professional advice and guidance of Transport, Environmental and Community Services.
Decision
The Council NOTED the position.
8. Notice of Motion
In view of the timescale of the decision taken by the Gaelic Committee (22 September 2007), the Council AGREED to suspend Standing Order 20 to enable the matter to be considered.
The following Notice of Motion had been received in accordance with Standing Order 10.1 –
“In recognising the importance of the diverse nature of our Highland communities, the blanket roll out of bi-lingual signs in the Highlands should only proceed where there exists significant local demand for such a policy.”
Signed -
David Bremner, Graeme Smith, Robert Coghill, Lady Thurso, Donald Mackay, David Flear, Katrina MacNab
During discussion, and in support of the Notice of Motion, a number of Members expressed the view that the proposal to roll-out bi-lingual signs throughout the Highlands conflicted with some local historical backgrounds, notably Caithness, and it was suggested that the Gaelic language had not played as large a part in the Caithness heritage as it had in other parts of the Highlands.
In contrast, other Members were of the opinion that the Council should continue the Gaelic policy in its present form on the basis of keeping the Gaelic heritage alive and providing original names only where they existed.
Thereafter, Mr D Bremner, seconded by Mr G M Smith, MOVED approval of the Notice of Motion as detailed.
As an AMENDMENT, Mr H Fraser, seconded by Mr J Finnie, moved that the Council continue to implement the Gaelic Plan in its present form as previously agreed.
On a vote being taken, the MOTION received 29 votes and the AMENDMENT received 36 votes and the AMENDMENT was, therefore, CARRIED - the votes having been cast as follows:-
For the Motion:-
|
Ms L Munro
Mr R Rowantree
Mr D Mackay
Mr J Rosie
Lady M Thurso
Mrs K MacNab
Mr G M Smith
Mr D Bremner
Mr R Coghill
Mr D C M Flear
Mrs D Mackay
Mr M Rattray
Mr A Rhind
Mr B Barclay
Mrs I McCallum |
Mrs H Carmichael
Mr P Corbett
Mrs E McAllister
Mr D Henderson
Mr F Parr
Mr J Gray
Mr R Balfour
Mr J Ford
Mrs G Sinclair
Mr L Fraser
Mrs L MacDonald
Mr G Marsden
Mr J Crawford
Mr T Prag |
For the Amendment:-
|
Mr G Farlow
Mr W Fernie
Mr W MacKay
Mr J McGillivray
Mr W J Ross
Mrs I Campbell
Mr R Greene
Mrs J Urquhart
Ms M Smith
Mrs C Wilson
Mr A Torrance
Mr P Cairns
Mrs M Paterson
Mr C Fraser
Mr H Fraser
Mr J Laing
Mr A Millar
Mr A Henderson |
Mr E Hunter
Mrs M Davidson
Mr A Hendry
Mr A Graham
Mrs P Munro
Miss J Campbell
Mr D Kerr
Mr J Finnie
Mr I Brown
Mr R Wynd
Mr A S Park
Mr J Holden
Mr R Pedersen
Mr D Fallows
Mr D Cameron
Dr M E M Foxley
Mr B Gormley
Mr B J Murphy |
Decision
The Council AGREED to continue to implement the Gaelic Plan in its present form as previously agreed.
(The Council adjourned for lunch at 1.15pm – and resumed at 2.00pm).
9. Notice of Motion
The following Notice of Motion had been received in accordance with Standing Order 10.1 –
“That the Highland Council recognises the importance of public accountability and engagement with the community; Council agrees that full use will be made of existing facilities to ensure full Council, Strategic Committees and other public committee meetings held in the Chamber are made available live via web-streaming on the Council’s website and that recordings of these meetings are made available via an easily accessible archive”.
Signed -
Thomas Prag, Angela MacLean
During discussion, it was suggested that, whilst the general intent of the Notice of Motion was welcomed, it was important to ensure that the Council was appropriately protected with all legal and operational issues having been explored before reporting back for future determination. Additionally, video-conferencing to meetings would continue to be used on a phased basis with appropriate protocols being drafted for approval by the Resources Committee. It was confirmed that firm timescales had been established to ensure progress and that the issue would be brought back to the Council as soon as it was prudent to do so.
Thereafter, and with the consent of the mover and seconder, the Notice of Motion was withdrawn.
Decision
It was AGREED that all legal and operational issues should be fully explored in relation to live web-streaming on the Council’s website prior to submission of a report to the Council on the issue and that video-conferencing of Members into meetings should continue on a phased basis with a protocol for use and application being submitted to the next meeting of the Resources Committee for approval.
10. Scottish Government Local Healthcare Bill – Consultation
Declarations of Interest:
Mrs M Davidson declared a financial interest in this item as the Council’s representative on the Board of NHS Highland, but in terms of the dispensation granted by the Standards Commission, remained to participate in the discussion.
Mr I Brown declared a financial interest in this item as an employee of NHS Highland but, having applied the test outlined in Paragraph 5.18 of the Councillors Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.
Dr D Alston declared a financial interest in this item as a member of the NHS Highland Board but, in terms of the dispensation granted by the Standards Commission, remained to participate in the discussion.
There had been circulated Report No. HC-50-07 dated 27 February 2008 by the Chief Executive which provided a summary of the Scottish Government consultation document on a Local Healthcare Bill and sought views on whether the Bill should include provision for direct elections to NHS Boards.
During a summary of the report, it was confirmed that the Scottish Government wished to encourage greater public and patient involvement in the planning and delivery of local NHS services in Scotland and believed that direct elections to NHS Boards in Scotland could help to secure this objective. Direct elections could mean a significant change to the way the NHS was run and the Scottish Government therefore wanted to consult on the proposals before reaching a decision.
The draft response expressed broad support for the general principle of strengthening public accountability in the planning and implementation of NHS policy and consequently Members were asked to approve the proposed answers to the specific questions raised by the Scottish Government and to agree to continued involvement in the consultation process.
Decision
The Council APPROVED the draft Highland Council response attached as Appendix 1 to the report for submission to the Scottish Government.
11. Scottish Government Consultation Paper – The Role of a Scottish Futures Trust in Infrastructure Investment in Scotland
There had been circulated Report No. HC-51-07 dated 11 February 2008 by the Depute Chief Executive and Director of Finance which included the draft response to the Scottish Government’s Consultation Paper on the role of the Scottish Futures Trust (SFT) in infrastructure investment in Scotland which had been issued in December 2007. The report provided background information in regard to the proposals to establish a Scottish Futures Trust and the consultation process and sought approval of the draft response which required to be submitted to the Scottish Government by 14 March 2008.
During a summary of the report, it was confirmed that the aim of the Scottish Futures Trust was to provide an alternative means to Private Finance Initiative (PFI) for channelling public and private capital into infrastructure investment programmes and projects in Scotland. As such, the Scottish Futures Trust sought to provide a better deal for taxpayers by combining the opportunities for maximising investment levels with those for securing cheaper funding costs. The Scottish Government had acknowledged that there was further work to be done to fully develop the initiative and that, at present, the consultation paper set out plans for the development of a better model for public procurement.
Decision
The Council APPROVED the submission of the draft response on the role of the Scottish Futures Trust in infrastructure investment to the Scottish Government by the deadline date of 14 March 2008.
12. First Review of Scottish Parliamentary Constituencies
There had been circulated Report No. HC-52-07 dated 22 February 2008 by the Chief Executive which advised of the provisional proposals of the Boundary Commission for Scotland for the 3 Scottish Parliament constituencies in the Highland Council area. The Council had been asked to make representations (either in support or objection to the proposals) by 14 March 2008 and in this regard a map which highlighted the proposed constituencies had also been circulated.
During a summary of the report, it was confirmed that Rules 1 and 2 of the Scotland Act 1998 specified that, so far as was practicable, the Boundary Commission must have regard to the boundaries of local authority areas and that the electorate must be as near to the electoral quota as is practicable. The Commission could depart from the strict application of Rules 1 and 2 if special geographical considerations, including in particular the size, shape and accessibility of a constituency, appeared to them to render a departure desirable.
It was clear, however, that the Boundary Commission had not applied any special consideration to Highland and it was suggested that the Council should formally object to the division of the area into 3 constituencies and request that the area should be represented by 4 MSPs as detailed in Section 4 of the report.
Decision
The Council AGREED to object to the provisional proposals from the Boundary Commission for Scotland for 3 constituencies in Highland on the basis outlined in Section 4 of the report.
13. Statutory Performance Indicators – Comparison with other Councils
There had been circulated Report No. HC-53-07 dated 18 February 2008 by the Depute Chief Executive and Director of Finance which provided comparisons of Highland Council Statutory Performance Indicators (SPIs) with other Scottish Councils for the financial year 2006/07 and included an analysis of Highland Council performance in 2006/07 compared to 2004/05.
It was confirmed that, as part of the Council’s commitment to continuous improvement, the SPIs provided a valuable means to monitor the Council’s performance against that of other authorities. Directors were working towards developing in-house additional performance indicators as an integral part of the management process.
Decision
The Council NOTED where performance in terms of the Statutory Performance Indicators had changed and AGREED that all Services should undertake a detailed analysis of the proposed actions to improve performance during the Quarterly Performance meetings held with the Chief Executive.
14. Single Outcome Agreement
There had been circulated Report No. HC-54-07 dated 27 February 2008 by the Chief Executive which explained what Single Outcome Agreements entailed, why they were being introduced and how the Agreement for Highland could be developed. In this respect, the Single Outcome Agreement was welcomed in bringing a focus for community planning across the Highlands.
During a summary of the report, it was confirmed that, at the end of 2007, the Scottish Government and CoSLA had agreed a Concordat which set out a new working relationship to be developed between national and local government. A significant shift in the working relationship between both spheres of government was proposed with national government concentrating on outcomes rather than processes. Local Authorities would be required to produce a Single Outcome Agreement indicating how they would contribute to achieving national outcomes in a local context as well as achieving local priorities.
Decision
The Council NOTED:-
(i) the changing relationship sought between national and local government as supported by the Concordat and the development of Single Outcome Agreements;
(ii) that it would be possible to bring partners into the Single Outcome Agreement process in advance of the Government’s deadlines, initially with NHS Highland, Northern Constabulary and Highlands & Islands Enterprise, providing the basis for future community planning in the Highlands; and
(iii) that the Single Outcome Agreement submitted to the Scottish Government for discussion would be presented to the Council meeting in May 2008. The Council’s contribution to the Agreement would draw on the performance measures agreed by the Council as part of the Corporate Plan and the full Agreement, including partner contributions, would be considered by the partners involved before being agreed by the Chief Executive, following consultation with the Convener and Vice Convener.
15. Capital Programme: Prudential Indicators
There had been circulated Report No. HC-55-07 dated 25 February 2008 by the Depute Chief Executive and Director of Finance which set out Prudential Indicators relating to the Council’s Capital Programme and borrowing requirements for the forthcoming three financial years. The Prudential Code for Capital Finance in Local Authorities required the Council to agree Prudential Indicators in advance of each financial year.
It was confirmed that the Prudential Code was founded on three key principles; affordability, prudence and sustainability. The Council must ensure its capital spending and borrowing plans met these principles and consider the implications on council tax and rent levels of its decisions. With the greater flexibility offered by the Code, it was for Councils to set their own indicators which would regulate levels of borrowing and capital investment with reference to the three key principles. The proposed indicators would supersede those previously considered by the Council and were based on previously agreed capital expenditure and borrowing levels.
Decision
The Council AGREED the Prudential Indicators for 2008/09 to 2010/11 as set out in Annex 1 to the report.
16. Inverness Business Improvement District
There had been circulated Report No. HC-56-07 dated 15 February 2008 by the Acting Director of Planning and Development which sought consideration of the Inverness Business Improvement District (BID) proposal and determination as to whether the Council, as an affected tenant and property owner, wished to support the BID proposal and agree to pay the extra non-domestic rates required.
During a summary of the report, it was confirmed that a Business Improvement District (BID) was a business-led initiative where businesses worked together and invested collectively in local services and improvements in their business environment. A BID was funded for a five year period by businesses through a levy calculated on their respective non-domestic rates valuation and would only be introduced once it had been put to a democratic vote involving all eligible businesses.
It was confirmed that a vote by the Council to support the BID proposal would have a financial cost of £9,461 per annum.
Decision
The Council AGREED to vote in support of the introduction of a Business Improvement District in Inverness City Centre as detailed.
17. The Socio-Economic Aspects of Dounreay Decommissioning
There had been circulated Report No. HC-57-07 dated 28 February 2008 by the Chief Executive which advised as to recent developments in relation to the socio-economic aspects of Dounreay decommissioning and sought approval for the Council’s membership of an Advisory Board. Further progress reports were to be brought to the Council on various aspects of the socio-economic initiatives in due course.
During a summary of the report, it was confirmed that, in 2007, four key public sector organisations with particular responsibilities, Highland Council, Highlands and Islands Enterprise (HIE), Nuclear Decommissioning Authority (NDA), and the then Scottish Executive, had joined forces to form the Caithness Regeneration Partnership which had the specific remit of implementing the post-Dounreay regeneration.
Progress was detailed in relation to work on an Economic Impact Study concerning the Berriedale Braes, the Pentland Firth Marine Energy Project, the National Nuclear Archive and the potential for community benefit associated with the construction of facilities for storage and/or disposal of Low Level and Intermediate Level Waste.
The Council was now invited to consider the future governance arrangements for the Partnership and also its membership of a Stakeholders/Advisory Board to oversee the whole programme of work.
Decision
It was AGREED that the Council’s membership of the Advisory Board should comprise the Convener, Chairman of the Planning, Environment and Development Committee plus 2 Local Members and that further reports on the socio-economic aspects of Dounreay decommissioning should be brought back to the Council at appropriate intervals.
It was also AGREED that the nominations for the 2 Local Members would be brought back to the next meeting for approval.
18. The Highland Council (River Ness Upper Section) Flood Prevention Scheme and The Highland Council (River Ness Tidal Section) Flood Prevention Scheme
There had been circulated Report No. HC-58-07 dated 27 February 2008 by the Director of Transport, Environmental and Community Services which invited the Council to resolve to make the ‘Highland Council (River Ness Upper Section)’ and the ‘Highland Council (River Ness Tidal Section)’ Flood Prevention Schemes 2008.
During discussion, it was confirmed that the Council would continue to carry out remedial flood prevention works for which no formal Flood Prevention Orders were required and pursue funding for other smaller flood prevention schemes.
Decision
The Council so RESOLVED.
19. Loch Ness and Highland Horizons Limited
There had been circulated Report No. HC-59-07 dated 25 February 2008 by the Director of Education, Culture and Sport which sought approval to wind up Loch Ness and Highland Horizons Limited and to transfer the Inverness Aquadome to the ownership of the Council for a nominal sum.
Decision
The Council AGREED:-
(i) that Loch Ness and Highland Horizons Limited should be wound up;
(ii) that the physical assets of the company should be transferred to the ownership of the Council for a nominal sum e.g. £1;
(iii) that the company’s remaining bank balance at the time of winding up should be transferred to Caledonia Community Leisure Limited and ring fenced for investment in the infrastructure at the Aquadome;
(iv) that any unforeseen liability relating to the company which might arise post winding up should be met by the Council; and
(v) to take on all of the obligations of Loch Ness and Highland Horizons Limited from the original funding contracts and to delegate authority to the Acting Head of Legal Services to sign the written special resolution on behalf of the Council after the assets had been transferred.
20. Eden Court Highlands – Appointment of Board Member
The Council was advised that Mr Bob Wynd had tendered his resignation as a Board Member of Eden Court Highlands due to other business commitments.
In accordance with the agreed formula, the Administration moved that Mr John Finnie now be appointed.
Decision
The Council AGREED that Mr John Finnie should now be appointed to the Board of Eden Court Highlands.
21. Governance
(a) Standing Orders for the Conduct of Committees
It was confirmed that, following the appointment of Ms Michelle Morris to the post of Assistant Chief Executive, a number of changes had required to be made to the Council’s Standing Orders Relating to the Conduct of Meetings in terms of officer designations and in this regard a revised copy of Standing Orders had been circulated with the amendments shown in italics.
Decision
The Council APPROVED the changes to the Standing Orders as detailed.
(b) Scheme of Delegation to Committees and Officers
a) In respect of the appointment of the Assistant Chief Executive, the Council
was invited to approve a number of changes to officer designations in the
Scheme of Delegation to Officers - Chief Executive’s Service. In this regard,
a copy of the relevant part of the Scheme had been circulated with the
amendments shown in italics.
b) The opportunity had also been taken to update the Scheme by deleting
the delegated power in the Housing and Property Service –
“To approve the writing off of bad debts incurred by tenants or former tenants of houses or lock-ups held on the HRA account where such debts are below a figure to be determined from time to time by the Council’s Housing and Social Work Committee – Director of Housing and Property”
the matter to be dealt with under the current powers delegated to the Finance Service:
“To write off irrecoverable debts (all categories including local taxation) for individual debts not exceeding £1000 – Exchequer Operational Managers.
And for individual debts not exceeding £5000 – Head of Exchequer.”
Decision
The Council APPROVED these changes to the Scheme of Delegation to Officers as detailed.
(c) Appointment of Proper Officer
At its meeting on 28 June 2007, the Council had made interim arrangements, to take effect from 12 July 2007, for the Head of Committee Services to be designated -
(i) Monitoring Officer in terms of S5 of the Local Government and Housing Act 1989;
(ii) Proper Officer for various purposes in connection with meetings and proceedings of the Council, Committees and Sub Committees in Terms of S43 and Schedule 7 of the Local Government (Scotland) Act 1973; and
(iii) Proper Officer in respect of arrangements for the inspection and deposit of documents in terms of S197 of the Local Government (Scotland) Act 1973.
Decision
The Council AGREED that the above designations should now apply to the post of Assistant Chief Executive.
22. Licensing Board – Inverness, Nairn, Badenoch and Strathspey
It was advised that, in terms of Schedule 1, Para.11(4) of the Licensing (Scotland) Act 2005, Mrs Helen Carmichael had ceased to hold office on the Inverness, Nairn, Badenoch and Strathspey Licensing Board from 31 August 2007 as she had not completed the necessary training. Mrs Carmichael had now completed this training and the Council was therefore invited to re-appoint her to the Board.
Decision
The Council AGREED to re-appoint Mrs Helen Carmichael to the Licensing Board (Inverness, Nairn, Badenoch & Strathspey) as detailed.
23. Deeds Executed
The Council NOTED that a list of deeds and other documents executed on behalf of the Council since the meeting held on 13 December 2007 were available in the Members’ Library and on the Council’s Website.
Additional Urgent Items
24. Job Evaluation – 2008 Incremental Date
There had been tabled Report No. HC/60/07 dated 5 March 2008 by the Assistant Chief Executive which sought the formal approval of the Council to bring forward the annual incremental date for 2008 by one day in order to prevent significant future costs when the new pay structure was implemented.
It was clarified that, although the effective date for the new pay structure would be 1 April 2008, actual implementation would take place after that date and would result in a need for backdating and re-calculations. If the annual increments were to be paid on 1 April 2008, the necessary manual interventions by Payroll would require an additional 4 staff for 26 weeks at an additional cost of £50k. However, this additional cost could be avoided if the incremental date was brought forward by one day to 31 March 2008 i.e. the day before the effective date for the new pay structure.
Decision
The Council APPROVED a 2008 incremental date of 31 March 2008 in order to prevent significant additional costs later in the year.
25. Attendance at MIPIM Conference
Due to the timescale for the MIPIM Conference in Cannes (11 March 2008), there had been tabled Report No. HC/61/07 dated 4 March 2008 by the Acting Director of Planning and Development which requested permission for the Provost of Inverness to attend.
Decision
The Council APPROVED the attendance of the Provost, accompanied by the Inverness City Manager, at the MIPIM Conference in Cannes as detailed.
The meeting ended at 3.25 p.m.