• Agenda

Minutes of Meeting of The Highland Council, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 8 May, 2008 at 10.30am.

 

Mr W MacKay 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 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 Dr A Sinclair Mrs J Urquhart Mr M Finlayson Mr M Rattray Ms M Smith Mrs C Wilson Mr R Durham Mr A Rhind Mr A Torrance Mr P Cairns Mr D Chisholm Mrs M Paterson Ms A MacLean 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 D Hendry Mr H Wood Mr A Graham Mr J MacDonald Mrs P Munro Miss J Campbell Mr D Kerr Mrs E McAllister Mr N Donald Mr D Henderson Mr F Parr Mr I Brown Mr J Gray Mr K MacLeod 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 Mr F D S Black Ms J Douglas Mr D Fallows Mr G Rimell 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 Education, Culture and Sport Director of Housing and Property	Director of Social Work Director of Planning and Development Director of TEC Services Head of Legal and Democratic Services

 

Mr A S Park in the Chair

 

Apologies for absence were intimated on behalf of Lady M Thurso, Mr P Corbett, Mr J Finnie and Mr D Cameron.

 

Preliminaries

 

Urgent Item – HM Revenue and Customs (HMRC) – Wick Tax Office

 

Prior to the commencement of the formal business, the Council AGREED that the Convener should write to the appropriate Minister requesting a re-consideration of the proposed closure of the Wick Tax Office (HMRC) which would result in a loss of 24 jobs in Wick and, if required, the Policy Team should assess the situation with an impact report.

 

2.           Confirmation of Minutes

 

There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 6 March 2008 - which were APPROVED.

 

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 (Link to Committee Index) contained in the volume circulated separately as undernoted:-

 

• 3.1  Housing and Social Work Committee - 12 March 2008
• 3.2  Education, Culture and Sport Committee - 13 March 2008
• 3.3  Gaelic Committee -13 March 2008
• 3.4  Joint Committee for Children and Young People - 14 March 2008
• 3.5  Inverness City Committee -17 March 2008
• 3.6  Planning, Environment and Development Committee - 19 March 2008
• 3.7 Transport, Environmental and Community Services Committee -10 April 2008
• 3.8  Resources Committee -16 April 2008
• 3.9  Audit and Scrutiny Committee -17 April 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 - 12 March 2008

 

Page 542: Item 10: Delayed Hospital Discharge

 

It was NOTED that delayed discharge targets had been met.

 

It was also NOTED that an update on the recent announcement from the Deputy First Minister on free personal care, which included the acceptance of the Sutherland Report and a commitment to an additional £40m for the delivery of free personal care, would be reported to the Housing and Social Work Committee.

 

Education, Culture and Sport Committee - 13 March 2008

 

Page 554: Item 5:  Capital Investment – Strategic Planning Model

 

The Council NOTED confirmation that the Director of Education, Culture and Sport would be writing to Maryburgh and Conon Bridge Community Councils and Parent Forums to inform them as to the current position in relation to the provision of the new amalgamated school.

 

Gaelic Committee -13 March 2008

 

*Starred Item* - Page 562: Item 6:  Appointment of Representative on the European Bureau for Lesser-used Languages (EBLUL)

 

It was AGREED that Mr H Fraser should be appointed as the Council’s representative on the European Bureau for Lesser-used Languages.

 

Planning, Environment and Development Committee - 19 March 2008

 

The Council NOTED that Mr B Gormley had been in attendance at the meeting.

 

Transport, Environmental and Community Services Committee -10 April 2008

 

Page 602: Item 6: Additional Funding to Improve Recycling and Landfill Diversion

 

The Council AGREED to the inclusion of the following wording:-

 

“In discussion, Members praised the Social Enterprise groups in operation throughout Highland for the services they carried out on behalf of the Council.  Groups such as GREAN (Golspie Recycling and Environmental Action Network), RoWAN (Ross-shire Waste Action Network) and BEAG (Bettyhill Environmental Action Group) had become established household names and encouraged behavioural change in terms of waste reduction and recycling, as well as providing jobs in rural communities. “

 

4.           Climate Change Working Group

 

There had been circulated Minutes of Meeting of the Climate Change Working Group held on 5 March 2008 - which were APPROVED.

 

It was also NOTED that the Highland Council had been one of the first Local Authorities to sign Scotland’s Climate Change Declaration on the day after its launch on 16 January 2007. The Declaration had now been revised to reflect changes in the Scottish Government and Local Authority structure and the Convener and the Chief Executive had demonstrated the Council’s continued commitment to addressing climate change by signing the revised Declaration.

 

5.           Political Arrangements Working Group

 

There had been circulated Minutes of Meetings of the Political Arrangements Working Group held on 3 and 18 April 2008 - which were APPROVED.

 

6.           Amendments to Committees, Working Group and Joint Board Membership

   

(i) It was NOTED that Mr David Bremner was no longer a member of the Council’s Scottish National Party Group. Therefore, the political make up of the Council was now as follows –

 

• Independent - 34 
• Liberal Democrat - 21
• SNP - 17    
• Labour - 7       
• Non-Aligned - 1

 

The formula in respect of the number of places on the Strategic Committees was unaffected (9,6,5,2).

 

It was confirmed that the allocation of places on Strategic Committees had previously been undertaken in accordance with advice from CoSLA on political balance and the Council therefore APPROVED the following membership changes in order to maintain the political balance –

 

Education, Culture and Sport Committee – Mr Alan Torrance to fill the resultant vacancy for an SNP Member.

 

Transport, Environmental and Community Services Committee – Mrs Liz MacDonald to fill the resultant vacancy for an SNP Member.

 

Political Arrangements Working Group

 

It was proposed that Ms Maxine Smith fill the resultant vacancy for an SNP Member.

 

However, at this point, Mr J Rosie, seconded by Mr J Holden, MOVED the Suspension of Standing Orders to allow the appointment of an additional Member to the Working Group (which currently comprised 15 Members) to ensure that the Caithness area was not under represented.

 

On a vote being taken, 48 Members (out of the 72 Members present and voting) voted in favour of the Suspension of Standing Orders and the MOTION was therefore CARRIED, the votes having been cast as follows:-

 

In favour of a suspension of Standing Orders:-

 

Ms L Munro Mr R Rowantree Mr D Mackay Mr J Rosie Mrs K MacNab Mr G M Smith Mr D Bremner Mr R Coghill Mr D C M Flear Mr W MacKay Mr J McGillivray Mr W J Ross Mrs I Campbell Mr R Greene Mr M Finlayson Mr M Rattray Mr R Durham Mr A Rhind Ms A MacLean Mrs M E Paterson Dr D Alston Mr B Barclay Mrs I McCallum Mr A Millar

Mr W Clark Mr A Henderson Mr E Hunter Mrs H Carmichael Mr H Wood Mr A Graham Mrs P Munro Miss J Campbell Mr N Donald Mr D Henderson Mr F Parr Mr K MacLeod Mr R Balfour Mr J Ford Mrs G Sinclair Mr L Fraser Mr G Marsden Mr J Crawford Mr J Holden Mr T Prag Mr F D S Black Mr G Rimell Dr M E M Foxley Mr B J Murphy

 

Against a suspension of Standing Orders:-

 

Mr G Farlow Mr W Fernie Mrs J Urquhart Ms M Smith Mrs C Wilson Mr A Torrance Mr P Cairns Mr D Chisholm Mr C Fraser Mr H Fraser Mr J Laing Mr I Renwick

Mrs M Davidson Mr D Hendry Mr J MacDonald Mr D Kerr Mr I Brown Mr R Wynd Mrs L MacDonald Mr A S Park Mr R Pedersen Ms J Douglas Mr D Fallows Mr B Gormley

 

Thereafter, Mr J Rosie, seconded by Mr D Bremner, MOVED that, in addition to Ms M Smith filling the resultant vacancy for an SNP Member, Mr R Coghill be appointed to the Working Group as the additional Member.

 

As a FIRST AMENDMENT, Mr A M Millar, seconded by Mr K MacLeod, moved that the membership of the Working Group should comprise one Member from each Ward.

 

As a SECOND AMENDMENT, the Vice-Convener, seconded by Mrs P Munro, moved the proposal that Ms M Smith should fill the resultant vacancy for an SNP Member.

 

On a first vote being taken between the FIRST AMENDMENT and the SECOND AMENDMENT, the FIRST AMENDMENT received 36 votes and the second amendment received 34 votes, the votes having been cast as follows:-

 

For the First Amendment:-

 

Mr R Rowantree Mr D Mackay Mr J Rosie Mrs K MacNab Mr G M Smith Mr D Bremner Mr R Coghill Mr D C M Flear Mr W MacKay Mr J McGillivray Mr W J Ross Mrs I Campbell Dr A Sinclair Mr M Finlayson Mr M Rattray Mr R Durham Mr A Torrance Ms A MacLean

Dr D Alston Mrs I McCallum Mr J Laing Mr A Millar Mr H Wood Mr A Graham Miss J Campbell Mr D Henderson Mr K MacLeod Mr R Balfour Mr J Ford Mrs G Sinclair Mr G Marsden Mr J Crawford Mr T Prag Mr F D S Black Mr G Rimell Dr M E M Foxley

 

For the Second Amendment:-

 

Mr G Farlow Ms L Munro Mr W Fernie Mr R Greene Mrs J Urquhart Ms M Smith Mrs C Wilson Mr A Rhind Mr P Cairns Mr D Chisholm Mrs M Paterson Mr B Barclay Mr C Fraser Mr H Fraser Mr I Renwick Mr W Clark Mr A Henderson

Mr E Hunter Mrs H Carmichael Mrs M Davidson Mr D Hendry Mr J MacDonald Mrs P Munro Mr D Kerr Mr N Donald Mr I Brown Mr R Wynd Mr L Fraser Mrs L MacDonald Mr A S Park Mr R Pedersen Ms J Douglas Mr D Fallows Mr B Gormley

 

On a second vote being taken between the MOTION and the AMENDMENT, the MOTION received 35 votes and the AMENDMENT received 32 votes and the MOTION was 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 R Greene Dr A Sinclair Mr M Finlayson Mrs C Wilson Mr R Durham Mr A Rhind Mr A Torrance Mr P Cairns Mrs M Paterson Mr B Barclay Mrs I McCallum Mr J Laing

Mr W Clark Mr A Henderson Mr E Hunter Mrs H Carmichael Mr J MacDonald Mrs P Munro Mr D Kerr Mr N Donald Mr I Brown Mr R Wynd Mr L Fraser Mrs L MacDonald Mr A S Park Mr J Crawford Mr R Pedersen Ms J Douglas Mr D Fallows

 

For the Amendment:-

 

Mr R Rowantree Mrs K MacNab Mr G M Smith Mr D Bremner Mr D C M Flear Mr J McGillivray Mr W J Ross Mrs I Campbell Mr M Rattray Ms A MacLean Dr D Alston Mr C Fraser Mr H Fraser Mr A Millar Mr I Renwick Mrs M Davidson

Mr D Hendry Mr H Wood Mr A Graham Miss J Campbell Mr D Henderson Mr K MacLeod Mr R Balfour Mr J Ford Mrs G Sinclair Mr G Marsden Mr J Holden Mr T Prag Mr F D S Black Mr G Rimell Dr M E M Foxley Mr B Gormley

 

Decision 

 

The Council AGREED that, in addition to Ms Maxine Smith filling the resultant vacancy for an SNP Member, Mr Robert Coghill should also be appointed to the Working Group.

 

Highland and Islands Fire Board – Ms Maxine Smith to fill the resultant vacancy for an SNP Member. 

 

Northern Joint Police Board (Substitute Member) – Mr Bren Gormley to fill the resultant vacancy for an SNP Member.

 

(ii) The Council AGREED the following change to the membership of the Resources Committee as submitted by the Independent Group –

 

Mr Peter Corbett to replace Mr Jim Crawford.

 

7.           Membership of the ICT Procurement Working Group

 

It was NOTED that, at the meeting of the Resources Committee on 16 April 2008, it had been agreed that an ICT Procurement Working Group should be established to provide support for the effective procurement of an IS Service for the Council and to consider documentation and approach, at all key stages in the procurement process, in order to advise the Resources Committee.

 

It was confirmed that the Working Group would involve input from the Fire Service and other partner organisations in taking forward ICT procurement.

 

Decision

 

The Council APPROVED the following membership in accordance with the agreed formula:-

 

• Independent (4) – Mrs C Wilson (Chairman), Mr J Laing, Mrs M C Davidson and Mr W Fernie.
• Liberal Democrat (2) – Mr R Rowantree and Mr K MacLeod
• SNP (2) – Mr D Hendry and Mrs P Munro
• Labour (1) – Mr J Ford

 

8.           Questions to the Convener

 

The following Questions had been received by the Chief Executive in terms of Standing Order 42:-

 

(i) Mr Alex Graham

 

“With reference to the motion passed at Inverness City Committee on Monday 4 February 2008 which stated that:-

 

“The Administration was establishing the type of information and the method by which it could be reported to Wards which could be aggregated on a City wide basis for reporting to the City Committee in accordance with the Committee’s powers. The detail of the process for reporting the information both to Wards and the City Committee would be the subject of a further report to the next appropriate meeting of the City Committee” and, noting that two subsequent meetings of the City Committee have been held without further report on this matter, please advise of the current position and when it is expected to provide the information concerned so that Inverness City Committee can discharge its responsibility to scrutinise service delivery in the City of Inverness in terms of Paragraph 2.2 of the Schedule of Powers delegated from the Highland Council.”    

 

The response had been circulated.

 

In terms of a supplementary question, Mr Graham asked when the City Committee would be given information to enable it to scrutinise its service delivery.

 

In response, it was confirmed that information had already been given on Ward 7 (the pilot exercise) and this would be rolled out for all other Wards with information available by the end of June.

 

Decision 

 

The Council NOTED the position.

 

(ii) Mr Ian Ross

 

“How many affordable houses does the Administration expect to be built in the Highland Council areas in 2008/09?”

 

The response had been circulated.

 

In terms of a supplementary question, Mr Ross queried whether the Convener would provide a briefing update note for Members on the current position and agree to reinvigorate a Council-wide campaign to promote affordable housing in rural areas.

 

In response, the Convener confirmed that this would be undertaken. 

 

Decision 

 

The Council NOTED the position.

 

(iii) Dr Michael Foxley

 

“Since the Highland Council succeeded in its campaign to increase the Council Tax paid on holiday homes from 50% to 90%, how much revenue has that produced in each year?”

 

The response had been circulated.

 

In terms of a supplementary question, Dr Foxley queried whether the Convener would present a regular report on this issue to the Council.

 

In response, the Convener confirmed that this would be undertaken.

 

Decision 

 

The Council NOTED the position.

 

(iv) Dr Michael Foxley

 

“Has there been a shift of properties paying the Council Tax as a holiday home to commercial rates?”

 

The response had been circulated.

 

In terms of a supplementary question, Dr Foxley asked whether it would be possible to track holiday home income.

 

In response, the Convener confirmed that this would be undertaken.

 

Decision 

 

The Council NOTED the position.

 

(v) Dr Michael Foxley

 

“These additional funds were to be used to provide affordable housing, including assistance with infrastructure, in the Highlands. Where and what has been spent each year?”

 

The response had been circulated.

 

In terms of a supplementary question, Dr Foxley queried if it would it be possible for further detail on this subject to be submitted to the Housing and Social Work Committee.

 

In response, the Convener confirmed that this would be dealt with by the Housing and Social Work Committee.

 

Decision 

 

The Council NOTED the position.

 

(vi) Dr Michael Foxley

 

“What use does the Administration plan to make of the additional funds raised from the increased council charge on second homes in the Highlands in future financial years?”

 

The response had been circulated.

 

In terms of a supplementary question, Dr Foxley queried whether the Council would continue to make strong representation to direct the funding from rural holiday home income towards rural affordable housing.

 

In response, the Convener confirmed that this would continue to be done.

 

Decision 

 

The Council NOTED the position.

 

(vii) Mr David Alston

 

“What effect will current Scottish Government policies have on the development of small scale housing developments in rural parts of the Highlands?”

 

The response had been circulated.

 

In terms of a supplementary question, Dr Alston queried if it would be possible to campaign for more flexibility to direct funding for affordable houses in rural areas.

 

In response, the Convener confirmed that advice would be sought on this issue.

 

Decision 

 

The Council NOTED the position.

 

(viii) Mr David Bremner

 

“Will the Administration provide a breakdown of the £98,000 (2008/09) and £155,000 (Full Year Saving) from the Library Service as put forward by them to the Council on 14 February 2008.”

 

The response had been circulated.

 

In terms of a supplementary question, Mr Bremner queried whether the Convener could explain why the savings were related to backroom operations, including the posts of Resources Assistant and the Principal Schools Librarian which provided front line services.

 

In response, the Convener confirmed that a detailed answer on this question would be provided in due course.

 

Decision 

 

The Council NOTED the position.

 

9.           Notice of Motion

              

The following Notice of Motion had been received in accordance with Standing   Order 10.1 –

 

“The Council seeks to establish a central register of attendance of Members appointed by the Council to serve on external agencies with a view to facilitating public scrutiny of attendance.

 

In this respect, the Council seeks to promote transparency and public accountability in order to foster greater public confidence in the role of elected Members serving the constituents of the Highlands via such external agencies.”

 

Signed:- Hamish Wood, Thomas Prag

 

During discussion, general support was expressed for the intent of the proposal. It was acknowledged however that there might be a range of possible processes in terms of monitoring attendance with associated practical, administrative and resource considerations to be taken into account. 

 

It was therefore suggested that Officials should give consideration to all issues involved in the monitoring of attendance with a report to be submitted thereafter to a future meeting of the Council to propose a way forward.

 

Decision 

 

It was AGREED that Officials should give consideration to all issues involved in the monitoring of attendance with a report to be presented thereafter to a future meeting of the Council.

 

10.      Revised Budget Governance Arrangements  

 

There had been circulated Report No. HC-01-08 dated 1 May 2008 by the Depute Chief Executive and Director of Finance which set out recommendations for revised governance arrangements relating to the budget process for revenue and capital.

 

During a summary of the report, it was confirmed that, following conclusion of the revenue budget for 2008/09, it was now necessary to take forward the process for 2009/10 and subsequent years.  On the basis that the Council’s capital and revenue budget proposals would no longer be developed through the multi-party Budget Working Group, a review of governance arrangements was necessary. 

 

It was suggested that the previous budget group should continue but with a revised remit, primarily as the means of providing cross-party advice and briefings on the Council’s financial position, and that a more appropriate name for the cross-party group would be the ‘Budget Information Group’. This group would consider only strategic financial planning matters with a protocol being issued to provide guidance to both Members and Officers in relation to the development of political group budget proposals. 

 

Decision 

 

The Council AGREED:-

 

a)      to cease the Budget Working Group in its current format;

b)      to form a new Budget Information Group with remit as per Annex 2 of
      the report;

c)      that membership of the new Group should be on the same basis as for the
      Budget Working Group; and

d)     the Budget Protocol as per Annex 3 of the report.  

 

11.      Ward Discretionary Budget Report 2008/09

 

There had been circulated Report No. HC-02-08 dated 17 April 2008 by the Depute Chief Executive and Director of Finance which set out proposals for the allocation of discretionary revenue budget to each of the Council’s 22 multi-Member Wards.

 

In this regard, the following Options were presented for consideration:-

 

Option A - allocation on the basis of a fixed sum per Ward which would result in each Ward receiving £59,659, a 5% increase compared to the 2007/08 amount.

 

Option B - allocation on the basis of the number of Members per Ward – 3 Member Wards receiving £49,219 and 4 Member Wards receiving £65,625. These budget amounts would represent a 13.4% reduction for 3 Member Wards and a 15.5% increase for 4 Member Wards.

 

Option C - allocation on the basis of Ward population but with a floor allocation of £58,238 (ie 2007/08 amount inflated at 2.5%), resulting in Ward budgets ranging from £58,238 (2.5% increase) to £60,989 (7.34% increase).

 

Following discussion, Mr A Rhind, seconded by the Vice-Convener, MOVED that the allocation of resources as detailed in Option A.

 

As an AMENDMENT, Mr F D S Black, seconded by Mr G Rimmel, moved the  allocation of resources as detailed in Option C.

 

On a vote being taken, the MOTION received 37 votes and the AMENDMENT received 36 votes, and the MOTION was therefore CARRIED - the votes having been cast as follows:-

 

For the Motion:-

 

Mr G Farlow Ms L Munro Mr R Rowantree Mr D Mackay Mr J Rosie Mr W Fernie Mrs K MacNab Mr G M Smith Mr D Bremner Mr R Coghill Mr J McGillivray Mr W J Ross Mrs J Urquhart Mr M Finlayson Mr R Durham Mr A Rhind Mr A Torrance Ms A MacLean Mrs M Paterson

Mr B Barclay Mr H Fraser Mr J Laing Mr I Renwick Mr W Clark Mr A Henderson Mr E Hunter Mr D Hendry Mr A Graham Mr J MacDonald Mrs P Munro Mr I Brown Mr K MacLeod Mr R Balfour Mr L Fraser Mr G Marsden Mr A S Park Mr J Crawford

 

For the Amendment:-

 

Mr D C M Flear Mr W MacKay Mrs D Mackay Mrs I Campbell Mr R Greene Dr A Sinclair Ms M Smith Mrs C Wilson Mr P Cairns Mr D Chisholm Dr D Alston Mr C Fraser Mr A Millar Mrs H Carmichael Mrs M Davidson Mr H Wood Miss J Campbell Mrs E McAllister

Mr N Donald Mr D Henderson Mr F Parr Mr J Gray Mr J Ford Mrs G Sinclair Mr R Wynd Mrs L MacDonald Mr J Holden Mr R Pedersen Mr T Prag Mr F D S Black Ms J Douglas Mr D Fallows Mr G Rimell Dr M E M Foxley Mr B Gormley Mr B J Murphy

 

Decision 

 

The Council AGREED the allocation of resources for Ward Discretionary Budgets in 2008/09 to each of the 22 Multi-Member Wards on the basis of Option A - a fixed sum per Ward which would result in each Ward receiving £59,659, a 5% increase compared to 2007/08.

 

12.      Eden Court Theatre

 

Declarations of Interest:

 

Mrs J Urquhart, Mr T Prag and Mrs M E Paterson declared non-financial interests in relation to this item on the grounds of being Directors of Eden Court and, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, concluded that their interest did not preclude their involvement in the discussion (and voting).

 

There had been circulated Report No. HC-03-08 dated 15 April 2008 by the Director of Education, Culture and Sport which confirmed that the Eden Court Theatre re-development was now complete and had opened to significant public acclaim. The report also recommended the payment of £200,000 as a part contribution to the final costs of the project.    

 

At this point, a presentation was undertaken by Mr Colin Marr, Theatre Director, who highlighted the successes of the Theatre in the years leading up to the project and the resultant significant economic impact across the Highlands. It was stressed that the building project had been necessary to meet the demand for a further expansion of the performances and education work at the Theatre as well as to address the urgent need to update the building and its facilities which had not met the requirements of the Disability Discrimination Act. The project had allowed all structural defects to be addressed, prevented inevitable decline and provided an opportunity to match unfulfilled demand through the expansion and upgrading of facilities.  

 

The project had been well managed, represented excellent value for money and had resulted in a strong and healthy theatre business which served the majority of people in the Highlands and helped the Council to deliver arts and culture which were essential to the economic and social success of the Highlands.

 

Decision 

 

Following discussion, the Council AGREED to provide funding of £200,000 from Council balances towards the final settlement of the capital costs of the Eden Court Theatre Project.

 

The Council adjourned for lunch at 1.00 p.m. and resumed at 1.45 p.m.

 

13.      Homecoming Scotland 2009

 

There had been circulated Report No. HC-04-08 dated 24 April 2008 by the Director of Education, Culture and Sport which outlined plans to host a signature event in the Highlands as part of the national Homecoming Scotland celebrations in 2009 and presented proposals for support of this event.

 

It was confirmed that Homecoming Scotland 2009 was a Scottish Government initiative which aimed to deliver economic growth for Scotland through tourism, with particular emphasis on engaging and motivating the Scottish diaspora to come to Scotland in 2009. The project would be managed by EventScotland in partnership with VisitScotland and the potential programme comprised three strands:-

 

i)  Scotland’s National Conference on Diaspora Studies – held in Eden Court
   Theatre

ii)  Regional events supporting the themes of the Conference

iii) Fringe events celebrating the themes of the Conference

 

It was hoped that Members and Ward Managers would work with local groups to support interest and, in order to ensure a clear lead, it was suggested that a cross party Working Group of 5 Members should be established to focus on preparations for the 2009 programme.

 

Decision 

 

It was AGREED that the Council should lead on co-ordinating the management of the Homecoming Scotland signature event programme for the Highlands in 2009.

 

The Council also APPROVED an allocation of up to £100,000 from the ECS Highland Legacy budget, such that £30,000 be made available in 2008/09 and up to £70,000 be made available in 2009/10.

 

It was also AGREED to establish a cross party Working Group of 5 Members, chaired by the Vice-Convener and reflecting the Council’s political balance, to focus on preparations for the 2009 programme as follows:-

 

• Independent – Convener & 1 other to be confirmed 
• Liberal Democrat – to be confirmed
• SNP – Vice-Convener
• Labour – to be confirmed

 

14.      Education Provision in Brae Lochaber

 

There had been circulated Report No. HC-05-08  dated 29 April 2008 by the Director of Education, Culture and Sport which set out the background and current position in relation to the statutory consultation on education provision in Brae Lochaber and highlighted two options in relation to future provision in the area.

 

During a summary of the report, it was confirmed that over recent months there had been considerable discussion on the outcome of the statutory consultation with particular focus on the financial analysis contained within the statutory consultation documentation and pupil roll projections for the Brae Lochaber area.  As a result, a full review of the original financial analysis and pupil projections had been carried out and it had been established that there had been no revenue expenditure benefit over the 20 year period used in the original calculations and, given the facilities available at Spean Bridge Primary School, there remained educational benefits relating to the level of physical provision at that school. 

 

There was currently no allowance for upgrading or replacement works at Roy Bridge Primary School within the Capital Programme. However, in light of the outcome of the review, it was suggested that it was now appropriate to consider the following two options:-

 

Option 1 - Set aside the decision of the Highland Council of 14 December 2006 and commence a new statutory consultation on education provision in Brae Lochaber with all financial analysis being based upon the reviewed figures and latest roll projections.

 

Option 2 - Set aside the decision of the Highland Council of 14 December 2006 to amalgamate both schools on the Spean Bridge Primary School Site and continue with primary school provision in both the Spean Bridge and Roy Bridge communities.

 

During discussion, Members raised the following issues:-

• Roy Bridge Primary School was the heart of the community with a committed workforce and parents
• if the Council were to amalgamate the two schools there was a concern that GAE funding might be reduced prior to the next spending review settlement
• the community had been overloaded with consultation exercises and had consistently made their views clear that Roy Bridge Primary School should remain open
•  an alternative way forward, in light of the current advice and financial information, might be by a full consultation exercise.

 

Decision 

 

In light of the outcome of the review of the financial aspects and roll projections of the statutory consultation, it was AGREED to set aside the decision of the Council taken on 14 December 2006 and to continue education provision in both the Spean Bridge and Roy Bridge communities.

 

15.      Single Outcome Agreement

 

As agreed by the Council at the meeting on 6 March 2008, there had been circulated Report No. HC-06-08  dated 28 April 2008 by the Chief Executive which explained the process for finalising the Single Outcome Agreement with the Scottish Government.  The draft Agreement  had been circulated separately.

 

During a summary of the report, it was confirmed that the Single Outcome Agreement aimed to set out what the public sector would achieve for its communities by joining up public sector activity in agreement with the Scottish Government.

 

A draft of the Single Outcome Agreement had been submitted to the Scottish Government by 31 March 2008 and feedback had so far been very positive.  Amendments to the draft were sought before the end of May 2008 with the final version to be submitted to the next Council meeting on 26 June 2008. This, however, represented only the first phase of work and attention would then be needed to deliver the Agreement and to develop it for the following year to include all relevant partners.

 

During discussion, a range of issues were highlighted as follows:-

 

• it was necessary to work in partnership not only with other public bodies but also the voluntary sector;
• it was important to focus on local implementation of the Agreement and to ensure a degree of local flexibility;
• the term “teenage pregnancies” should be replaced with “unplanned pregnancies in children”; 
•  in terms of land reform, the document should stress the need for community land and property purchases to be made easier and in light of the Community Asset Scheme ending;  
• it was important to consider how the Council’s ambitions for children’s services could be fed into this  document – with particular reference to the play strategy;
• direct links should be made in the document to promoting eco schools;
•  in relation to fragile communities, it was hoped that the document could help address the challenges of accessing broadband, particularly in more remote and rural communities;
• the document should not lose sight of the issue of small scale flood alleviation and efforts required to deal with that issue; and
• the document should make further reference to the need for an increase in the number of employers engaged in apprenticeship training, especially in rural and fragile areas, and for the Council’s own target to be more stretching.

 

Decision 

 

The Council NOTED the process for finalising the first Single Outcome Agreement with the Scottish Government and APPROVED the draft Agreement subject to inclusion of the issues raised at the meeting. 

 

16.      The Scottish Independence Convention

 

There had been circulated Report No. HC-07-08 dated 30 April 2008 by the Chief Executive which provided details of a request which had been received from the Scottish Independence Convention seeking consideration of a motion to support a referendum on the political future of Scotland.

 

During discussion, Dr D Alston indicated that he intended to move the Procedural Motion that “The Council now move to the next business”.

 

At this point, the Council adjourned for a 5 minute period. 

 

On reconvening, it was confirmed that the Convener considered that the business which was the subject of the debate had not been sufficiently discussed.  Further debate then ensued on the request received from the Scottish Independence Convention.

 

Thereafter, Dr D Alston, seconded by Mr T Prag, moved the Procedural Motion that “The Council now move to the next business”.

 

On a vote being taken, the Procedural Motion received 39 votes in support and 17 votes against and was therefore CARRIED, the votes having been cast as follows:-

 

For the Procedural Motion:-

 

Ms L Munro Mr R Rowantree Mr D Mackay Mr J Rosie 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 Dr A Sinclair Mr R Durham Mr D Chisholm Mrs A MacLean Dr D Alston Mr B Barclay Mrs I McCallum

Mr J Laing Mrs H Carmichael Mrs M Davidson Mr H Wood Mr A Graham Miss J Campbell Mrs E McAllister Mr D Henderson Mr F Parr Mr J Gray Mr J Ford Mr L Fraser Mr G Marsden Mr J Crawford Mr J Holden Mr T Prag Mr F D S Black Ms J Douglas Mr B J Murphy

 

Against the Procedural Motion:-

 

Mr G Farlow Mr W Fernie Mrs J Urquhart Ms M Smith Mrs C Wilson Mrs M E Paterson Mr C Fraser Mr I Renwick

Mr B Clark Mr A Henderson Mr E Hunter Mr D Hendry Mrs P Munro Mr D Kerr Mr I Brown Mr A S Park Mr B Gormley

 

Decision 

 

The Council AGREED a Procedural Motion to move to the next business.

 

17.      Scottish Government Response to the Independent Review of the 2007 Elections

 

There had been circulated Report No. HC-08-08 dated 7 April 2008 by the Chief Executive which advised of the Scottish Government’s response to the Independent Review of the Scottish Parliamentary and Local Government Elections held on 3 May 2007 which also contained a consultation paper on decoupling the Scottish Parliament and Local Government Elections. It was proposed that the Council should support the decoupling of the Scottish Parliamentary and Local Government Elections with the next Local Government Elections to be held in 2012.

 

Decision 

 

The Council AGREED the response to the Consultation Paper on the decoupling of elections as outlined in the report.   

 

18.      Scottish Parliamentary Call for Written Evidence – Creative Scotland Bill

 

There had been circulated Report No. HC-09-08 dated 21 April 2008 by the Director of Education, Culture and Sport which presented the Council’s response to the Scottish Parliamentary Call for Written Evidence in relation to the Creative Scotland Bill for homologation and invited any additional comments which Members might wish to be conveyed to the Scottish Parliament Education Lifelong Learning and Culture Committee.

 

It was confirmed that a key outcome of Scottish Government’s Cultural Review, and the subsequent introduction of the Culture (Scotland) Bill, was the dissolution of the Scottish Arts Council and Scottish Screen and the creation of a new, single body, Creative Scotland.  A Creative Scotland Bill had been introduced to Parliament by the First Minister on 12 March 2008 and the Education, Lifelong Learning and Culture Committee, the lead Committee for the Bill, had issued a call for written evidence on the general principles.

 

During discussion, the view was expressed that the process which surrounded arrangements for the placement of Public Art in public buildings should be improved and that this should be intimated to the Scottish Parliament.

 

Decision 

 

The Council AGREED to homologate the response to the Creative Scotland Bill on the basis that an additional comment should be included in relation to an improvement to the process surrounding the placement of Public Art in public buildings.

 

19.      External Audit Reviews 

 

There had been circulated Report No. HC-10-08 dated 17 April 2008 by the Depute Chief Executive and Director of Finance which confirmed that the following reports had been issued by Audit Scotland, the Council’s External Auditors, and had been considered by the Audit & Scrutiny Committee on 17 April 2008 - 

 

• Priorities and Risk Framework 2007/08
• Annual Audit Plan 2007/08
• Strategic Risk Analysis

 

Electronic links had been provided to the full reports and copies had been placed in the Members’ Library.

 

Decision 

 

The Council NOTED the terms of the reports from Audit Scotland as detailed. 

 

20.      Scottish Redundant Churches Trust – Request for Funding

 

Declaration of Interest:

 

Dr D Alston declared a financial interest in this item as the owner of the adjoining property and left the Chamber.

 

There had been circulated Report No. HC-11-08 dated 11 April 2008 by the Corporate Manager, Ross, Skye and Lochaber, which provided details of a request from the Scottish Redundant Churches Trust for funding in respect of restoration works to be carried out at Cromarty East Church.

 

During a summary of the report, it was confirmed that, in April 2007, the Council had agreed to act as guarantor for the Scottish Redundant Churches Trust in respect of a loan of £250,000 from the Architectural Heritage Fund subject to formal agreement and appropriate conditions being drafted by the Director of Finance and Head of Legal Services.

 

In terms of the total project costs and funding package, a shortfall in funding of £50,000 had been identified and the Trust had asked if consideration could be given to an application for grant aid. If agreed, it was confirmed that payment would require to be made from Council balances.

 

Decision 

 

The Council APPROVED a payment of £50,000 from balances to the Scottish Redundant Churches Trust as detailed in the report.

 

21.      The Socio-Economic Aspects of Dounreay Decommissioning – Membership of the Advisory Board

 

At the last meeting on 6 March 2008, it had been agreed that Council membership of the Advisory Board to the Caithness Regeneration Partnership should comprise the Convener and Chairman of the Planning, Environment and Development Committee, together with 2 Local Members.

 

Nominations in regard to the 2 Local Members had now been received as follows – Mr D Bremner and Mr D C M Flear

Decision 

 

The Council APPROVED the nomination of Mr D Bremner and Mr D C M Flear to the Advisory Board as detailed.

 

22.      Timetable of Meetings

 

Following consultation with the Chairman, it was proposed that the date of the next meeting of the Gaelic Committee should be changed from Thursday, 22 May to Thursday, 5 June 2008 and that the meeting should be held in Sabhal mor Ostaig, Skye.

 

Decision 

 

The Council AGREED the change in date and location for the meeting of the Gaelic Committee 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 6 March 2008 was available in the Members’ Library and on the Council’s Website.

 

24.      Exclusion Of The Public

 

The Council RESOLVED that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting during discussion of the following items on the grounds that they involved the likely disclosure of exempt information as defined in Paragraphs 6, 9 & 13 of Part 1 of Schedule 7A of the Act.

 

25.      Caithness Heat and Power  

 

Declarations of Interest:

 

Mrs I McCallum; Mr B Barclay, Mrs H Carmichael, Mr W Fernie, Mr D Hendry, Mr I Brown, Mr D Henderson, Mr G Smith and Mr J Gray declared non-financial interests in this item on the grounds of being Directors of Highland Opportunity Ltd and having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, concluded that their interest did not preclude their involvement in the discussion (and voting).

 

There had been circulated to Members only Joint Report No. HC/12/08 by the Depute Chief Executive and Director of Finance and the Corporate Manager (Caithness, Sutherland and Easter Ross) which advised of the current position in relation to Caithness Heat & Power.

 

The report invited consideration of the Council’s longer term involvement with the Company and the immediate financial situation. In this regard, a summary of the funding arrangements, future financial viability of the project, legal issues and the technical viability of the plant was provided.

 

A range of supplementary safeguards in addition to the recommendations within the report were also suggested.

 

Decision 

 

The Council:-

 

i.             NOTED the use of emergency powers by the Chief Executive in
        approving emergency funding of £200,000 by way of an increase in the
        Council’s guarantee for overdraft facilities by the Bank to the Company
        from the current level of £1.0m to £1.2m, to run to 30th June 2008.
        The Company had agreed, as a condition of the Council’s approval, to
        use the funds only to meet existing outstanding creditors and payroll
        commitments and to provide appropriate evidence of such;

ii.           NOTED the level of financial assistance extended to the Company in
        recent years and the potential losses to the Council and Highland
        Opportunity Ltd if the Company went into liquidation and failed to find
        another organisation to take over the business (detailed in paragraphs
        2.2 – 2.6 and 4.6 of the report);

iii.         AGREED to re-affirm the obligation to maintain heating supplies to
        Council housing tenants;

iv.         AGREED to consider how to address the short term financial needs of
        the Company and the Council’s longer term involvement with the
        Company by appointing the services of independent consultants to offer
        the necessary technical, legal and, perhaps, financial expertise to put the
        Company on a sound footing and provide the Council with the assurance
        that public contributions would be better secured;

v.           NOTED the existing contingent liability levels attributable to the awarding
        of other funding guarantees as detailed in paragraph 4.9 of the report
        and that any further funding would be subject to the safeguard
        conditions referred to at Recommendations (i) and (iv) above; and

vi.         AGREED to authorise the Chief Executive and Depute Chief Executive
        and Director of Finance, in consultation with the Convener and Vice
        Convener, to appoint specialist consultants as required.

 

The Council also AGREED that the following additional safeguards should be put in place as recommended during the meeting:-

 

• a new business case should be completed urgently by the company, in cooperation with the Council;
• a short-term operational team, comprising housing, legal, financial and technical support, should  be put in place to provide direct advice to the Board;
• dialogue should be opened with the Company to review the current Board structure;
•  in addition to the £200,000 already provided under the use of emergency powers by the Chief Executive, to further increase the Council’s guarantee for current overdraft facilities by the Bank to the Company by up to £700,000 for existing outstanding creditors and payroll commitments, appropriate safeguards as to ongoing commitments to be received by the Chief Executive and Depute Chief Executive and Director of Finance; and
•  on receipt of the independent report referred to in bullet point 4 above, to consider future options for the Company.

 

26.      Cairngorm Mountain Limited

 

There had been circulated to Members only Joint Report No. HC/13/08 dated 25 April 2008 by the Chief Executive and Depute Chief Executive and Director of Finance which provided background information on the Council’s involvement with Cairngorm Mountain Ltd (CML) and the Cairngorm Funicular Project.

 

The report also provided details of a business proposal from Highlands and Islands Enterprise (HIE) to the creditors of CML which aimed to ensure the continued operation of the funicular, retention of jobs and recognition of the ongoing support to other businesses which the funicular brought to not just the Cairngorm National Park area but also to the wider Highland and national Scottish interests.

 

Decision 

 

Given the current and projected trading projections for the company and the need to provide further equity for the facility for working capital to enable it to trade and to keep the facility open under HIE’s ownership and control and effect necessary immediate repairs, the Council:

 

i.             AGREED HIE’s request to the Council to sell for £1 its loan and accrued
        interest, discharge its standard security and its subordinate floating
        charge in CML, subject to the agreement of all parties to the proposed
        solution, and subject to terms and conditions being agreed by the Chief
        Executive, Depute Chief Executive and Director of Finance and Head of
        Legal and Democratic Services;

ii.           NOTED that HIE’s proposals to the creditors of CML aimed to ensure the
        continued operation of the funicular, retention of jobs, recognition of
        the ongoing support to other businesses the funicular brings to not just
        the Cairngorm National Park area, but also the wider Highland and
        national Scottish interests, and

iii.         NOTED that full provision against non-payment of the Council’s loan had
        been made in 2001/02 and therefore there would be no impact on the
        Consolidated Revenue Account as a result of HIE’s proposal to the
        Council.

 

27.      Freemen: Proposed Admission 

   

There had been circulated to Members only - 

 

i.             Report No. HC/14/08 dated 3 March 2008 by the Corporate Manager
        (Caithness Sutherland & Easter Ross) proposing the civic recognition of
        HRH The Prince Charles, Duke of Rothesay; and

ii.           Report No. HC/15/08 dated 8 April 2008 by the Corporate Manager
        (Ross, Skye & Lochaber) proposing the civic recognition of Mr Hamish
        Menzies of Dingwall.

 

Decision 

 

The Council APPROVED the recommendation that HRH The Prince Charles, Duke of Rothesay be admitted as an honorary Freeman of Caithness and that Mr Hamish Menzies of Dingwall be admitted as an honorary Freeman of Ross and Cromarty (Ward 9).

 

The meeting ended at 4.25 p.m.