Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 7 May 2009 at 10.30 a.m.
Mr H Wood 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 B Fernie, Mrs K MacNab, Mr G Smith, Mr D Bremner, Mr R Coghill, Mr D Flear, Mr W MacKay, Mrs D Mackay, Mr J McGillivray, Mr I Ross, Mrs I Campbell, Mr R Greene, Dr A Sinclair, Mrs J Urquhart, Mr M Finlayson, Ms M Smith, Mrs C Wilson, Mr R Durham, Mr A Rhind, Mr P Cairns, Mr D Chisholm, Mrs A MacLean, Dr D Alston, Mr B Barclay, Mr C Fraser, Mrs I McCallum, Mr H Fraser, Mr J Laing, Mr D Millar, Mr I Renwick, Mr B Clark , Mr A Henderson , Mr E Hunter , Mrs H Carmichael, Mrs M Davidson, Mr D Hendry, Mr H Wood, Mr A Graham, Mr A Christie, Mrs P Munro, Miss J Campbell, Mr P Corbett, Mr D Kerr, Mrs B McAllister, Mr N Donald, Mr J Finnie, Mr D Henderson, Mr F Parr, Mr I Brown, Mr J Gray, Mr K MacLeod, Mr R Balfour, Mr J Ford, Mr B Wynd, Mr G Marsden, Mr A S Park, Mr J Crawford, Mr J Holden, Mr R Pedersen, Mr T Prag, Mr S Black, Mr D Fallows, Mr G Rimell, Mr D Cameron, Dr M Foxley, Mr B Gormley and Mr B Murphy.
In Attendance:
Chief Executive
Depute Chief Executive
Director of Education, Culture and Sport
Director of Housing and Property
Assistant Chief Executive
Director of Planning and Development
Director of TEC Services
Director of Social Work
Mr A S Park in the Chair
Apologies for absence were intimated on behalf of Mr M Rattray, Mr A Torrance, Mrs M Paterson, Mrs G Sinclair, Mr L Fraser, Mrs L MacDonald and Ms J Douglas.
TRIBUTE: MR W FULTON
Prior to the commencement of the formal business, the Convener, on behalf of the Council, paid tribute to the late Mr Bill Fulton and highlighted the very considerable contribution which he had made to Local Government in his roles on both Highland Regional Council and Highland Council.
The Council extended their sympathy to Mrs Fulton and her family.
2. By-Election – Ward 14 – Inverness West
The Council NOTED that, at the By-Election held on 23 April 2009, Mr Alasdair Christie, 52 Warrand Road, Inverness, IV3 5SH had been elected as the Councillor for Ward 14 – Inverness West.
3. Annual Presentation – Highlands and Islands Enterprise
A presentation was undertaken at the meeting by Mr W Roe, Chair of Highlands and Islands Enterprise (HIE), during which he summarised activities over the past year and commented on the current position in the context of the recent economic downturn and the consequential impact on the Highland economy and public spending. Whilst not intending to be over optimistic, he advised that there had been no reduction in requests for advice from HIE in relation to ambitious projects in the Highlands.
In response to the Scottish Government’s new economic strategy, HIE’s task of strengthening the economy focused on providing support for significant businesses and those with high growth potential, creating the infrastructure and conditions which would make the Highlands and Islands competitive and working to strengthen communities, particularly those defined as fragile.
HIE had also been working jointly with Chambers of Commerce and had been involved in business-business mentoring. Partnership working was critical to sustaining economic growth and this was being reinforced through the Community Planning Partnership and the Single Outcome Agreement. In addition, HIE would work jointly to create a meaningful Business Gateway which would be managed by Local Authorities.
During discussion, Members expressed their support for the co-location of staff wherever appropriate and emphasised the importance of partnership working. In response to comments, it was confirmed that co-investment would also underpin strong partnership working. In terms of the potential for renewable energy generation, it would be critical to establish a long-term plan for its exploitation and fully explore the business opportunities that this might present.
Thereafter, the Convener thanked Mr Roe for his informative presentation to the Council.
The Council NOTED the position.
4. Membership of Committees, Sub Committees, Joint Boards, etc
In addition to the result of the Inverness West By-Election, the Council NOTED that Mrs L Munro was no longer a member of the Independent Members Group and had joined the Liberal Democrat Group. Therefore, the political make-up of the Council was as follows –
Independent - 29
Liberal Democrat - 22
SNP - 17
Labour - 7
Ind Members Group - 5
The formula in respect of the number of places on Strategic Committees was 8:6:5:2:1
The Council had previously allocated places on Strategic Committees, Sub Committees, Joint Boards, etc in accordance with advice from CoSLA and the changes required to maintain the political balance were tabled at the meeting.
The Council AGREED the changes to membership of Strategic Committees, Sub Committees, Joint Boards, etc as tabled.
5. Confirmation of Minutes
There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 5 March 2009 as contained in the Volume circulated separately – which were APPROVED.
6. 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 contained in the Volume circulated separately as undernoted:-
Housing and Social Work Committee - 11 March 2009
Education, Culture and Sport Committee – 12 March 2009
Gaelic Committee – 12 March 2009
Planning, Environment and Development Committee – 18 March 2009
Transport, Environmental and Community Services Committee – 19 March 2009
Joint Committee for Children & Young People – 27 March 2009
Resources Committee – 15 April 2009
Audit and Scrutiny Committee – 16 April 2009
Inverness City Committee – 20 April 2009
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 – 11 March 2009
Page 28: Item 15: Delivering Care Homes: Update report
The Council NOTED that, in respect of the proposed Care Home and Hospital in Grantown on Spey, and despite press reports to the contrary, NHS Highland had not ceased their involvement in the project and the Council was looking at ways in which it could support NHS colleagues to deliver the community’s aspirations.
Education, Culture and Sport Committee – 12 March 2009
Page 36: Item 7: Charging for Council Community Facilities etc
It was AGREED that decision (viii) should read “that the application of the charges for holiday based programmes run by the voluntary sector, with the exception of holiday based organisations such as the Feis, be considered on a case-by-case basis”.
Planning, Environment and Development Committee – 18 March 2009
* Starred Item* Page 65: Item 23: Nominations to Cromarty Firth Salmon Fishery Board
The Council AGREED to nominate Mr M Finlayson as the Council’s representative on the Cromarty Firth District Salmon Fishery Board.
Joint Committee for Children & Young People – 27 March 2009
Page 81: Item 12: Getting it Right For Every Child - Update
It was NOTED that there had been an extremely successful conclusion day for GIRFEC with the Minister on 5 May and, in recognition of its national significance, the Chairman intended to issue a briefing for all Members.
Resources Committee – 15 April 2009
It was NOTED that apologies for the meeting had been submitted by Mr A Henderson.
Inverness City Committee – 20 April 2009
Page 103: Item 4A: Housing and Property Report on Assynt Road Hostel
It was AGREED that the Minute should indicate that there had been scrutiny in relation to this item by the SNP Group and also that the responses to the three specific questions which had been posed at the meeting should be included.
Page 108: Item 10: Inverness Business Improvement District – Activity report and partnership Working
It was NOTED that clarification on the issue of whether it was a condition of alcohol trade licenses that establishments had to be a member of Safeinverness would be submitted to the next meeting of the City Committee.
Page 109: Item 10A: Business Improvement District (BID) INTEREG IVb project “Improving Districts Together”
It was AGREED that the Minute should include the following:-
Declaration of Interest - Mr B Wynd declared a financial interest in this item on the grounds that a family member was the Business Development Manager for the organisation who already supplied this service and equipment to the business community.
The Council also AGREED to Mr D Hendry’s request that his objection to certain comments made by Mr T Prag during the meeting in relation to the BID application be recorded in the minutes.
Page 111: Item 13.2: Donations Working Group
The Council NOTED that the City Committee’s decision in relation to recommendation (iii) - Safeinverness Core Costs – had been that this item was deferred for further clarification of the points raised.
7. Climate Change Working Group
There had been circulated Minutes of Meeting of the Climate Change Working Group held on 2 April 2009 - which were APPROVED subject to the following:-
It was NOTED that Mrs C Wilson had submitted her apologies for the meeting.
It was also NOTED that the Council had been awarded the “Display Towards Class A” 1st prize at the European Energie-Cités and Climate Change Alliance Conference in Brussels on 22-23 April 2009.
8. Land, Environment and Sustainability Strategy Group
There had been circulated Minutes of Meeting of the Land Environment and Sustainability Strategy Group held on 27 March 2009 - which were APPROVED subject to the following:-
Page 13: Item 5: Highland Wide Local Development Plan
It was NOTED that Mr M Finlayson had declared a non-financial interest in this item on the grounds of being a member of the Cromarty Firth Fisheries Board but, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, had concluded that his interest did not preclude his involvement in the discussion.
9. Governance Review Group
There had been circulated for approval Minutes of Meeting of the Governance Review Group held on 27 March 2009 - which were APPROVED.
10. Question Time
The following Questions had been received by the Assistant Chief Executive in terms of Standing Order 42:-
(i) Mr Dave Fallows
To the Convener
“How many Highland Council employees do not have written Contracts of Employment?”
The Response to Cllr Dave Fallows had been circulated.
In terms of a supplementary question, Mr Fallows queried whether the Convener could ensure that the Council would carry out an audit of the current position and rectify any shortcomings?
In response, the Convener confirmed that this would be undertaken.
Decision
The Council NOTED the position.
(ii) Mr Peter Cairns
To the Political Leader of the Administration
“Given the recent statement by the Liberal Democrat energy spokesperson, Simon Hughes, that “A new generation of nuclear power stations will be a colossal mistake regardless of where they are built….the best answer to Britain’s needs is a massive expansion of renewable energy. If billions of £’s are wasted on new nuclear sites, the money simply won’t be available to do this.”
Does the Administration support this view and oppose new nuclear stations in Scotland and will it also re-affirm the Highland Council’s longstanding anti-nuclear policy?”
The Response to Cllr Peter Cairns had been circulated.
In terms of a supplementary question, Mr Cairns queried whether the position had the support of the Labour Members within the Administration?
In response, the Leader of the Council’s Administration confirmed that this was the case.
Decision
The Council NOTED the position.
(iii) Mr John Finnie
To the Budget Leader
“In what ways does the Council’s Budget Leader consider that the UK Government’s recent budget announcements assist the Programme for the Administration?”
The Response to Cllr John Finnie had been circulated.
There was no supplementary question.
Decision
The Council NOTED the position.
(iv) Ms Maxine Smith
To the Convener
“The Scottish Government’s introduction of small business rates relief has now rolled into its second year, which sees businesses with rateable values up to £8,000 getting a 100% rebate and others up to £15,000 getting a 25% discount. As the Council administers this Scheme, could you provide me with figures for the uptake of these rebates, as a percentage of possible and actual numbers please?”
The Response to Cllr Maxine Smith had been circulated.
In terms of a supplementary question, Ms Smith queried as to what timescales existed and which Council Service was leading on this?
In response, the Convener confirmed that this was presently underway and was being led by the Finance Service.
Decision
The Council NOTED the position.
11. Notice of Motion
The following Notice of Motion had been received in accordance with Standing Order 10.1 –
“The SNP Group on Highland Council expresses its dismay at the position taken by the UK Government with regard to Gurkha Veterans and their rights to live in the UK on completion of their service.
Motion: The Convener writes to the Secretary of State for Defence to urge him to adopt an honourable position that respects the contributions made by past and present members of the armed forces.”
Signed
Mr B Gormley Mr J Finnie
During discussion, general support was expressed for the sentiment of the motion and it was suggested that the wording should be strengthened and amended to invite the Convener to write to the Prime Minister and the Secretary of State for Defence requesting that, in recognition of the contribution to the defence of the United Kingdom made by the Gurkha Soldiers, that they be brought into parity with Commonwealth Service men and women in regard to the right to take up residency in the United Kingdom.
The mover and seconder of the motion confirmed their support for the proposed amendment.
Decision
The Council AGREED that the Convener should write to the Prime Minister and the Secretary of State for Defence requesting that, in recognition of the contribution to the defence of the United Kingdom made by the Gurkha Soldiers, they be brought into parity with Commonwealth Service men and women in regard to the right to take up residency in the United Kingdom.
12. Highland Single Outcome Agreement 2009-11
There had been circulated Report No. hc-01-09 dated 27 April 2009 by the Chief Executive which confirmed that the Second Single Outcome Agreement (SOA) for Highland reflected new guidance from the Scottish Government and the progress in developing the Community Planning Partnership. A copy of the draft Single Outcome Agreement 2 DRAFT had also been circulated.
During a summary of the report, the main differences between the first and second SOAs were highlighted and it was confirmed that key changes included the production of an area profile for Highland which made reference to the area’s needs and issues, identified partnership priorities and a reduced set of local outcomes, refreshed information on how the Community Planning Partnership was developing, reduced the number of performance indicators and included links to relevant plans and strategies which supported the local outcomes.
In response to comments from Members, assurance was given that measures would be established to ensure that the SOA2 remained a meaningful and dynamic document and that reference to it would be incorporated into Committee reports in future. Inclusion of references to marine transport would also be taken into account and, in relation to supported housing, the links to the relevant housing strategy or plans would be made and, if appropriate, further information would be included in the SOA2.
Decision
The Council:-
a) NOTED the requirements of Single Outcome Agreements and Community Planning Partnerships as described in the new set of guidance and the differences between the first and second SOAs in terms of the partnership development required;
b) AGREED to endorse the 15 local outcomes agreed with the Council’s Community Planning Partners and the seven priority areas for partnership review from 2009;
c) AGREED to provide any further comment on the SOA by 11 May to enable submission by 15 May 2009, with a cross-party group of 15 Members (in accordance with the agreed formula) meeting on 14 May 2009 to agree any revisions to the SOA; and
d) NOTED that a Briefing for all Members on Community Planning would be arranged before the Summer Recess.
13. Best Value Audit Regime
There had been circulated Report No. hc-02-09 dated 21 April 2009 by the Chief Executive which sought to conclude the improvement activity from the first audit of Best Value and Community Planning from 2006 and summarised the proposals for the second phase of Best Value audits (BV2) which were currently out for consultation. It was confirmed that, as part of the development of BV2, Highland Council was to be a pathfinder authority in 2009. The BV2 approach had introduced change not only for the Council in how it understood and demonstrated its performance to the public but also for regulators by co-ordinating and targeting their activity annually and reducing the scale of their audit and inspection activity where Councils performed well.
During a summary of the report, it was confirmed that the purpose of the BV2 audit was to offer clear and impartial information to local people on how their Council was being run, how good its services were and an assessment on whether it used public money well. The changes to the Audit approach included consideration of how Councils used resources, the effectiveness of partnership working and how the BV2 should lead to a reduction of audits and inspections by the Accounts Commission. In order to demonstrate good performance, there was an expectation that the Council should use robust self evaluation.
It was therefore proposed that a cross-party Group should meet to consider the Council’s response to the consultation and that Members should receive a briefing from the Audit Commission on their proposed approach.
Decision
The Council NOTED that most of the actions in the improvement plan following the BV1 audit had already concluded with the few remaining actions scheduled to complete in 2009.
The Council also NOTED the consultation proposals for BV2 and that Highland Council was to be one of five pathfinder audits in 2009.
It was further AGREED that a Group of Members should be established to consider the Council’s proposed response to the consultation and to meet with the Audit Commission to hear a briefing on their approach – this group would comprise the membership of the Single Outcome Agreement Strategy Group together with the Convener, Group Leaders, Chairs of the Strategic Committees and the Chair of the Audit and Scrutiny Committee.
14. Investment in Tobacco Stocks
Declarations of Interest:
The following Members declared non-financial interests in this item on the grounds of either being a member, or being closely related to a member, of the Highland Council Pension Scheme or the Police Pension Scheme. However, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, they had concluded that their interests did not preclude their involvement in the discussion (and voting):-
Mr G Farlow, Ms L Munro, Mr J Rosie, Mr B Fernie, Mrs K MacNab, Mr G Smith, Mr D Bremner, Mr I Ross, Mrs I Campbell, Mr R Greene , Mrs J Urquhart, Mrs C Wilson, Mr R Durham, Mr A Rhind, Mr P Cairns, Mrs A MacLean, Mr C Fraser, Mrs I McCallum, Mr D Millar, Mr I Renwick (Police Pension Scheme), Mr A Henderson, Mr E Hunter, Mrs H Carmichael, Mrs M Davidson , Mr D Hendry, Mr A Graham, Mr D Kerr, Mrs B McAllister, Mr J Finnie (Police Pension Scheme), Mr D Henderson, Mr F Parr, Mr I Brown, Mr K MacLeod, Mr R Balfour, Mr B Wynd, Mr G Marsden, Mr A S Park, Mr J Crawford, Mr J Holden, Mr R Pedersen, Mr T Prag, Mr S Black, Mr D Fallows, Mr D Cameron, Dr M Foxley, Mr B Gormley and Mr B Murphy.
The following Members declared financial interests in this item on the grounds of currently drawing a pension from the Highland Council Pension Scheme and left the room:-
Mr D Mackay, Mr D Flear, Mr B Clark, Mr M Finlayson and Miss J Campbell.
There had been circulated Report No. hc-03-09 dated 27 April 2009 by the Depute Chief Executive which provided an update on actions taken following the Council’s consideration of a report on Investments in Tobacco Stocks at the meeting on 5 March 2009.
During a summary of the report, it was confirmed that a briefing had been arranged for Members with the Council’s Principal Adviser to the Pension Fund, Hymans Robertson. A copy of the report which had been submitted to the briefing had been tabled and this highlighted the implications of implementing a negative screening policy on the Fund’s equity assets and particularly considered the impact of excluding tobacco stocks. It had also been ascertained that no other UK Council currently operated any stock exclusion policy.
Decision
The Council NOTED that, in terms of the legal advice which had been provided, they were not entitled to exclude investments on ethical grounds as the law currently stood.
15. INTERREG IVb Project ‘Improving Districts Together’ – Joint Initiative - Highland Council & Inverness City Business Improvement District (BID)
Declarations of Interest:
Mr B Wynd declared a financial interest in this item on the grounds of a family member being the Business Development Manager for the organisation which already supplied this service and equipment to the business community and left the room.
Mr J Gray declared a non-financial interest in this item on the grounds of being the Council’s representative on the Business Improvement District 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 (and voting).
There had been circulated Report No. hc-04-09 dated 28 April 2009 by the Corporate Manager (INBS) which provided an overview of the INTERREG IVb European Community Funding Programme which was aimed at promoting inter-regional co-operation. Under the Programme, a project entitled “Improving Districts Together” had been established which sought to use the concept of Business Improvement Districts (BIDs) to solve a range of issues. This project would comprise 9 full partners, each of which would pioneer a different BID project.
During a summary of the report, it was confirmed that the Inverness City Committee had endorsed an application for INTERREG IVb funding through the “Improving Districts Together” project by means of a joint initiative involving the Highland Council with the Inverness BID as a sub-partner. The proposal aimed to assist the work of the Inverness Crime Reduction Partnership (CRP) over the next four years by providing city businesses and crime reduction stakeholders with a handheld computer system through which information about criminal activity could be instantly circulated.
It was hoped that the project would unlock £217,899 of European funding with match funding being provided by the Inverness BID. In the event of the BID not being able to deliver its obligations under the terms of this project, it was confirmed that the Council, as the formal partner, would be expected to provide the necessary funding. Thereafter, the composition of the BID match funding was detailed, some of which was still to be confirmed, and it was advised that the timeframe for submissions for the present round of European funding required a Letter of Intent to be submitted to the European Secretariat no later than 15 May 2009.
During discussion, it was confirmed that the project had taken several months to progress as there were nine full partners involved in the project in total. There was still £61,000 BID match funding outstanding and this would be followed up prior to the submission of the Letter of Intent.
Decision
The Council:-
a) AGREED that a Letter of Intent be filed with the North Sea INTERREG Secretariat in relation to the INTERREG project outlined in the report, confirming that the Council would undertake the role of Local Partner; and
b) NOTED that monitoring of the project would be undertaken via the Council’s Quarterly Performance Review process, quarterly reports to the Inverness City Committee and annual reports to the Resources Committee.
The Council adjourned for lunch at 1.20 p.m. and resumed at 2.10 p.m.
16. Caithness & North Sutherland Regeneration Partnership - Dounreay Decommissioning
Declarations of Interest:
Mr G Farlow, Mr Flear, Mr B Fernie and Mr J Rosie declared non-financial interests in this item as the Council’s representatives on the Dounreay Stakeholders’ Group but, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion (and voting).
Mr D Bremner declared a non-financial interest in this item on grounds of being an employee of a company who was a client on the Dounreay site of the Nuclear Decommissioning Authority 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 (and voting).
There had been circulated Report No. hc-05-09 dated 29 April 2009 by the Chief Executive which provided an update on various aspects of the socio-economic agenda which had arisen out of the ongoing work to decommission the Dounreay site, emphasised that a strong partnership was in place and drew attention to a number of specific items.
During a summary of the report, it was confirmed that the partnership between the Scottish Government, Highlands & Islands Enterprise, the Nuclear Decommissioning Authority and the Highland Council had been working to mitigate against the affects of Dounreay decommissioning over the past couple of years. An update on progress was also provided in relation a range of other issues, including the Caithness Conference 2008, the potential for marine energy developments in the Pentland Firth, the creation of the National Nuclear Archive, the positive response from Dounreay and UKAEA and the NDA in relation to Community Benefit for planning permission granted for a low level waste facility at Dounreay, the future of transport infrastructure developments at Berriedale Braes and the Dounreay Parent Body Organisation (PBO) Competition.
During discussion, Members made reference to the decision of the Transport, Environmental and Community (TEC) Services Committee of September 2007 to propose a partnership between the NDA, the Scottish Government and the Highland Council to progress infrastructure developments on the A9 at Berriedale. Whilst generally supporting the recommendations, the view was expressed that an update on the TEC Services Committee decision should be brought to Members before taking any further decisions regarding improvements to the A9 at Berriedale.
Following discussion, Mr D Bremner, seconded by Mr R Balfour, MOVED approval of the recommendations within the report with the exception of recommendation (f) and that a report should be brought back to Members on the decision taken at the TEC Services Committee meeting in September 2007 in relation to the Berriedale Braes.
As an AMENDMENT, the Convener, seconded by Mr D Flear, moved approval of the recommendations within the report subject to an amendment to recommendation (f) that the Council “agree to continue to press the Scottish Government and the NDA, in association with Orkney Island Council, regarding improvements to the A9 at Berriedale and at nearby locations”.
On a vote being taken, the MOTION received 4 votes and the AMENDMENT received 49 votes and the AMENDMENT was, therefore, CARRIED – the votes having been cast as follows:-
For the Motion:-
Mr D Bremner, Mr H Wood, Mr R Balfour and Mr J Crawford
For the Amendment:-
Mr G Farlow, Mr R Rowantree, Mr D Mackay, Mr J Rosie, Lady M Thurso, Mr B Fernie, Mrs K MacNab, Mr R Coghill, Mr D Flear, Mrs D Mackay, Mr J McGillivray, Mr I Ross, Mrs I Campbell, Mr R Greene, Dr A Sinclair, Mrs J Urquhart, Ms M Smith, Mr P Cairns, Mr D Chisholm, Mrs A MacLean, Dr D Alston, Mr B Barclay, Mr C Fraser, Mrs I McCallum, Mr H Fraser, Mr J Laing, Mr I Renwick , Mr A Henderson , Mrs M Davidson, Mr A Christie, Mrs P Munro, Miss J Campbell, Mrs B McAllister, Mr J Finnie, Mr F Parr, Mr I Brown, Mr J Gray, Mr J Ford, Mr B Wynd, Mr G Marsden, Mr A S Park, Mr R Pedersen, Mr T Prag, Mr S Black, Mr D Fallows, Mr G Rimell, Dr M Foxley, Mr B Gormley and Mr B Murphy.
There were no abstensions.
Decision
The Council:-
a) NOTED that effective community engagement arrangements had been established via the Advisory Board;
b) AGREED to request that the Advisory Board extend Council representation to include the North, West and Central Sutherland Ward;
c) NOTED and welcomed the significant developments which had taken place regarding the marine energy potential of the Pentland Firth;
d) NOTED the information provided regarding the National Nuclear Archive and AGREED to reiterate their commitment to co-locating their own archive facility;
e) NOTED the commitment to establish a Community Benefit fund in association with the construction of a low level waste facility at Dounreay;
f) AGREED to continue to press the Scottish Government and the NDA in association with the Orkney Islands Council regarding improvements to the A9 at Berriedale and at nearby locations; and
g) AGREED to write to the NDA reiterating concerns and interests with regard to the NDA’s PBO competition plan and to mandate the Chief Executive to raise the same issue at the Caithness & North Sutherland Regeneration Executive Board.
17. Scheme of Delegation and Administration to Strategic Committees and Sub-Committees and to Officers
There had been circulated Report No. hc-06-09 dated 30 April 2009 by the Assistant Chief Executive which detailed amendments to the Council’s Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers which required to be made prior to the annual review of the Scheme in the autumn.
The Council APPROVED the proposed amendments to the Scheme of Delegation and Administration as detailed in the report together with the following additional information:-
Part IV – Powers Delegated to Officers
Chief Executive’s Office
Statute - The Representation of the People (Post-Local Government Elections Supply and Inspection of Documents) (Scotland) Regulations 2007
Description of Power or Duty – To act as the Proper Officer of the Council and to consider requests for the inspection of marked Registers.
Title of Officer to whom/level of post to which delegated - Assistant Chief Executive.
18. Appointments to Outside Bodies – Inverness Prison Visiting Committee
The Council NOTED that Mrs G Sinclair had intimated that she wished to resign as a Member of the Inverness Prison Visiting Committee.
Decision
The Council AGREED to appoint Mr D Flear to the Inverness Prison Visiting Committee.
19. Deeds Executed
The Council NOTED that a List of Deeds and other documents executed on behalf of the Council since the meeting held on 5 March 2009 was available in the Members’ Library and on the Council’s Website.
20. Exclusion of the Public
The Council RESOLVED that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public should be excluded from the meeting during discussion of the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 6 of Part 1 of Schedule 7A of the Act.
21. Caithness Heat & Power
Declarations of Interest:
Mrs K MacNab, Mr D Henderson, Mrs J Urquhart, Mr I Ross and Mr J Gray declared non-financial interests on grounds of being Directors of Caithness Heat and Power Ltd but, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion (and voting).
There had been circulated to Members only Joint Report No. HC/7/09 by the Chief Executive and Depute Chief Executive which provided an update on the current situation with the Caithness Heat and Power (CHaP) project and detailed three options for project development.
It was noted that the Director of Housing and Property Services had appointed Parsons Brinckerhoff (external technical consultants) to prepare a technical assessment and an associated detailed business case for the delivery of the 3 options and a copy of the Director’s report, detailing these considerations, together with the Business Case, was attached.
The report recommended that the Council fund and authorise a procurement exercise to negotiate a contract with a third party to provide a suitable renewable energy solution for the existing customers of Caithness Heat and Power.
Decision
The Council APPROVED Option 2 to fund and authorise a procurement exercise to negotiate a contract with a third party to provide a suitable renewable energy solution for the existing customers of Caithness Heat and Power as recommended in the report.
The Council also AGREED a range of other financial issues as detailed in the report.
The Council further AGREED that their decision should be communicated to the residents involved, the Cabinet Secretary and the local MPs and MSPs.
The meeting ended at 3.45 p.m.