Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 3 September 2009 at 10.30 a.m.
Mrs L MacDonald opened the meeting with prayer.
1. Calling of the Roll and Apologies for Absence
Present:
Mr G Farlow, Ms L Munro, Mr D Mackay, Lady M Thurso, Mr B Fernie, Mr G Smith, Mr D Bremner, Mr D Flear, Mr W MacKay, Mr J McGillivray, Mr I Ross, Mrs I Campbell, 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, Mrs A MacLean, Mrs M Paterson, Dr D Alston, Mr B Barclay, 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 A Graham, Mr A Christie, Mrs P Munro, 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, Mrs G Sinclair, Mr B Wynd, Mr L Fraser, Mrs L MacDonald, Mr A S Park, Mr J Crawford, Mr R Pedersen, Mr T Prag, Mr S Black, Ms J Douglas, Mr D Fallows, Mr G Rimell, Mr D Cameron, Dr M Foxley, Mr B Gormley, Mr B Murphy.
In Attendance:
Chief Executive
Assistant Chief Executive
Depute Chief Executive
Director of Education, Culture and Sport
Director of Housing and Property
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 R Rowantree, Mr J Rosie, Mrs K MacNab, Mr R Coghill, Mrs D Mackay, Mr R Greene, Mr D Chisholm, Mr C Fraser, Mrs I McCallum, Mr H Wood, Miss J Campbell, Mr G Marsden and Mr J Holden.
Tribute: Sergeant Stuart Millar
Prior to the commencement of the formal business, the Provost of Inverness, on behalf of the Council, paid tribute to the late Sergeant Stuart Millar from Inverness who had died on 31 August 2009 on service in Helmand province in Afghanistan.
Having served in the Territorial Army, Sergeant Miller joined the 1st Battalion, the Royal Highland Fusiliers from where he moved to The Black Watch, 3rd Battalion, The Royal Regiment of Scotland, as a mortar fire controller. He had been deployed to Afghanistan in April 2009.
In paying tribute to Sergeant Millar, who had been a great credit to his family and the Armed Forces, the Council extended its sympathy to his family on their sad loss.
2. Recess Powers
The Council NOTED that the recess powers granted by the Council at its meeting on 25 June 2009 had not been exercised.
3. Confirmation of Minutes
There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 25 June 2009 as contained in the Volume which had been circulated separately – which were APPROVED - matters arising having been dealt with as follows:-
Page 244: Item 5: Confirmation of Minutes of TEC Committee
It was NOTED that the Chairman of the Transport, Environmental and Community Services Committee had, as yet, no progress to report with regard to a pedestrian crossing on Glenurquhart Road, Inverness but that he would pursue the matter with Transport Scotland.
4. 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:-
Link to Minutes Index
- Inverness City Committee, 3 August
- Housing and Social Work Committee, 5 August
- Education, Culture and Sport Committee, 6 August
- Planning, Environment and Development Committee, 12 August
- Transport, Environmental and Community Services Committee, 13 August
- Gaelic Committee, 13 August
- Joint Committee for Children & Young People, 14 August
- Resources Committee, 19 August
- Audit and Scrutiny Committee, 20 August
The Minutes, having been moved and seconded, were, except as undernoted, APPROVED - matters arising having been dealt with as follows:-
Planning, Environment and Development Committee, 12 August
Page 292: Item 4: Notice of Amendment (Planning) – Amendment to Planning Permission 09/0094/FULRC
It was AGREED that the Minute should include the following:-
Declaration of Interest - Mr M Finlayson declared a non-financial interest in this item on the grounds of having worked in waste management in the past 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).
Page 296: Item 7: Audit Scotland Statutory Performance Indicators – First Quarterly Review 2009/10
It was AGREED that the Minute should be amended to reflect that Members of the Committee had been interested the current level of vacant and frozen posts.
Page 300: Item 10: Housing in the Countryside – Interim Guidance
It was AGREED that the Minute should be amended as follows:-
“that, in Paragraph 3.24, (P51), the words “unless there is no alternative” be included after “the better land of the croft”
Gaelic Committee, 13 August
Page 327: Item 10: Gaelic Names Sub-Committee
The Council NOTED the membership of the Gaelic Names Sub-Committee as tabled at the meeting:-
- Mr J Rosie
- Dr D Alston
- Dr A Sinclair
- Mr R Pedersen
- Mr J Laing
- Mr D Fallows
- Mrs I Campbell
- Mr B Murphy
- Ms A MacLean
- Mr R Balfour
Resources Committee, 19 August
Page 355: Item 30: Modernising Employment – Job Evaluation
It was AGREED that the decision of the Resources Committee should be reproduced in the Minute in the same format as in the report (as follows):-
“The Committee AGREED that:-
(i) If a collective agreement could not be achieved:
(a) the Council should implement harmonised and non-discriminatory terms and
conditions by offering individual employees the opportunity to vary their
existing contracts of employment and;
(b) terminate the contracts of employment of those employees who were not
willing to vary their terms and conditions by agreement and offer them re-
engagement on the new terms and conditions.
(ii) The operation of certain terms and conditions as set out in Paragraph 3.3
of the report should cease with effect from 1 October, 2009 for new
employees and existing employees moving posts; and
(iii) Interim changes to the Overtime Policy should be applied as set out in
Paragraph 3.4.”
At this point, Mr J Finnie, seconded by Mrs J Urquhart, MOVED the Suspension of Standing Order 20 to allow further debate on this item at the meeting.
On a vote being taken, 27 Members (out of the 65 Members present and voting) voted in favour of a Suspension of Standing Order 20 which did not meet the requirement for the consent of two-thirds of those present and voting.
Therefore, the MOTION to suspend Standing Order 20 was NOT CARRIED, the votes having been cast as follows:-
In favour of a Suspension of Standing Order 20:-
Mr G Farlow, Mr D Bremner, Mr D Flear, Mrs J Urquhart, Ms M Smith, Mr A Torrance, Mr P Cairns, Mrs A MacLean, Mr I Renwick, Mr B Clark, Mr E Hunter, Mr D Hendry, Mr A Christie, Mrs P Munro, Mr D Kerr, Mr N Donald, Mr J Finnie, Mr F Parr, Mr I Brown, Mr R Balfour, Mrs G Sinclair, Mr B Wynd, Mrs L MacDonald, Mr R Pedersen, Mr D Fallows, Mr D Cameron, Mr B Gormley
Against a Suspension of Standing Order 20:-
Ms L Munro, Mr D Mackay, Lady M Thurso, Mr B Fernie, Mr G Smith, Mr W MacKay, Mr J McGillivray, Mr I Ross, Mrs I Campbell, Dr A Sinclair, Mr M Finlayson, Mr M Rattray, Mrs C Wilson, Mr R Durham, Mr A Rhind, Dr D Alston, Mr B Barclay, Mr H Fraser, Mr J Laing Mr D Millar, Mr A Henderson, Mrs H Carmichael, Mrs M Davidson, Mr P Corbett, Mrs B McAllister, Mr D Henderson, Mr J Gray, Mr K MacLeod, Mr J Ford, Mr L Fraser, Mr A S Park, Mr J Crawford, Mr T Prag, Mr S Black, Ms J Douglas, Mr G Rimell, Dr M Foxley, Mr B Murphy
5. Climate Change Working Group
There had been circulated Minutes of Meeting of the Climate Change Working Group held on 1 July 2009 – which were APPROVED.
6. Land, Environment and Sustainability Strategy Group
There had been circulated Minutes of Meeting of the Land, Environment and Sustainability Strategy Group held on 30 July 2009 – which were APPROVED.
7. Modernising the Planning System: Review Body – Membership
In line with the decision of the Council taken at the meeting on 25 June 2009, when it had been agreed that the new Planning Review Body should comprise of 9 Members (3 Members from each of the operational areas), including the Chair and Vice Chair of the Planning, Environment and Development (PED) Committee, nominations had been received from each of the operational areas as follows:-
Caithness, Sutherland and Easter Ross – 2 remaining places available
- Mr Richard Durham (nominated by Mr A Rhind and seconded by Mr B Fernie)
- Ms Maxine Smith (nominated by Mr G Farlow and seconded by Mr M Rattray
- Mr Graeme Smith (nominated by Mr D Mackay and seconded by Mr D Bremner)
- Mr Robert Coghill (nominated by Mr J Rosie and seconded by Mr D Flear)
At this point, and in terms of Standing Orders, it was clarified that Members were entitled to cast as many votes as they wished up the number of vacancies available. In this case, therefore, Members were entitled to 2 votes each.
Thereafter, in a first vote between the four candidates, Mr Durham received 35 votes, Ms Smith received 29 votes, Mr Smith received 25 votes and Mr Coghill received 24 votes.
Therefore, Mr Coghill, having the least votes, was removed from the list of candidates, the votes having been cast as follows:-
Votes for Mr R Durham:
Mr D Mackay, Lady M Thurso, Mr B Fernie, Mr D Flear, Mr J McGillivray, Mr I Ross, Mrs I Campbell, Dr A Sinclair, Mr M Finlayson, Mr M Rattray, Mr R Durham, Mr A Rhind, Mrs M Paterson, Dr D Alston, Mr B Barclay, Mr H Fraser, Mr J Laing, Mr D Millar Mr A Henderson, Mrs H Carmichael, Mrs M Davidson, Mr P Corbett, Mrs B McAllister, Mr D Henderson, Mr F Parr, Mr J Gray, Mr R Balfour, Mr J Ford, Mrs G Sinclair, Mr L Fraser, Mr A S Park, Mr T Prag, Ms J Douglas, Dr M Foxley, Mr B Murphy
Votes for Ms M Smith:
Mr G Farlow, Ms L Munro, Mr D Flear, Mrs I Campbell, Mrs J Urquhart, Mr M Finlayson, Mr M Rattray, Ms M Smith, Mr A Torrance, Mr P Cairns, Mrs A MacLean, Mr I Renwick, Mr B Clark, Mr A Henderson, Mr E Hunter Mr D Hendry, Mr A Christie, Mrs P Munro, Mr D Kerr, Mr N Donald, Mr J Finnie, Mr I Brown, Mrs G Sinclair, Mr B Wynd, Mrs L MacDonald, Mr R Pedersen, Mr D Fallows, Mr G Rimell, Mr B Gormley
Votes for Mr G Smith:
Mr D Mackay, Mr G Smith, Mr D Bremner, Mr W MacKay, Mr I Ross, Mrs C Wilson, Mrs A MacLean, Dr D Alston, Mr H Fraser, Mr J Laing, Mr D Millar, Mrs H Carmichael, Mr P Corbett Mrs B McAllister, Mr N Donald, Mr F Parr, Mr J Gray, Mr K MacLeod, Mr R Balfour, Mr J Ford, Mr L Fraser, Mr J Crawford, Mr T Prag, Dr M Foxley, Mr B Murphy
Votes for Mr R Coghill:
Ms L Munro, Lady M Thurso, Mr B Fernie, Mr D Bremner, Mr D Flear, Mr W MacKay, Mr J McGillivray, Dr A Sinclair, Mrs C Wilson, Mr R Durham, Mr A Rhind, Mrs M Paterson, Mr B Barclay, Mr J Laing, Mr B Clark, Mr E Hunter, Mrs H Carmichael, Mrs M Davidson, Mr D Henderson, Mr K MacLeod, Mr A S Park, Mr J Crawford, Ms J Douglas, Mr G Rimell
In a second vote between the remaining three candidates, Mr Durham received 38 votes, Ms Smith received 34 votes and Mr Smith received 34 votes, the votes having been cast as follows:-
Votes for Mr R Durham:
Mr D Mackay, Mr B Fernie, Mr W MacKay, Mr J McGillivray, Mr I Ross, Mrs I Campbell, Dr A Sinclair, Mr M Finlayson, Mr M Rattray, Mrs C Wilson, Mr R Durham, Mr A Rhind, Mrs M Paterson, Dr D Alston, Mr B Barclay, Mr H Fraser, Mr J Laing, Mr D Millar, Mr B Clark, Mr A Henderson, Mr E Hunter, Mrs H Carmichael, Mrs M Davidson, Mr P Corbett, Mrs B McAllister, Mr D Henderson, Mr F Parr, Mr J Gray, Mr J Ford, Mrs G Sinclair, Mr L Fraser, Mr A S Park, Mr J Crawford, Mr T Prag, Ms J Douglas, Mr G Rimell, Dr M Foxley, Mr B Murphy
Votes for Ms M Smith:
Mr G Farlow, Ms L Munro, Mr D Bremner, Mr D Flear, Mrs I Campbell, Dr A Sinclair, Mrs J Urquhart, Mr M Finlayson, Mr M Rattray, Ms M Smith, Mr A Rhind, Mr A Torrance, Mr P Cairns, Mrs A MacLean, Mrs M Paterson, Mr B Barclay, Mr I Renwick, Mr B Clark, Mr A Henderson, Mr E Hunter, Mr D Hendry, Mr A Christie, Mrs P Munro, Mr D Kerr, Mr N Donald, Mr J Finnie, Mr I Brown, Mrs G Sinclair, Mr B Wynd, Mrs L MacDonald, Mr R Pedersen, Mr D Fallows, Mr G Rimell, Mr B Gormley
Votes for Mr G Smith:
Mr D Mackay, Lady M Thurso, Mr B Fernie, Mr G Smith, Mr D Bremner, Mr D Flear, Mr W MacKay, Mr J McGillivray, Mr I Ross, Mrs C Wilson, Mr R Durham, Mrs A MacLean, Dr D Alston, Mr H Fraser, Mr J Laing, Mr D Millar, Mrs H Carmichael, Mrs M Davidson, Mr P Corbett, Mrs B McAllister, Mr N Donald, Mr D Henderson, Mr F Parr, Mr J Gray, Mr K MacLeod, Mr R Balfour, Mr J Ford, Mr L Fraser, Mr A S Park, Mr J Crawford, Mr T Prag, Ms J Douglas, Dr M Foxley, Mr B Murphy
As there was an equality of votes between Ms M Smith and Mr G Smith, it was clarified that an additional vote was now required between those two candidates.
In this additional vote, Ms Smith received 34 votes and Mr Smith received 31 votes, the votes having been cast as follows:-
Votes for Ms M Smith:
Mr G Farlow, Ms L Munro, Mr B Fernie, Mrs I Campbell, Dr A Sinclair, Mrs J Urquhart, Mr M Finlayson, Mr M Rattray, Ms M Smith, Mr A Rhind, Mr A Torrance, Mr P Cairns, Mrs M Paterson, Mr B Barclay, Mr I Renwick, Mr B Clark, Mr A Henderson Mr E Hunter, Mr D Hendry, Mr A Christie, Mrs P Munro, Mr D Kerr, Mr N Donald, Mr J Finnie, Mr I Brown, Mrs G Sinclair, Mr B Wynd, Mrs L MacDonald, Mr A S Park, Mr R Pedersen, Mr D Fallows, Mr G Rimell, Mr D Cameron, Mr B Gormley
Votes for Mr G Smith:
Mr D Mackay, Lady M Thurso, Mr G Smith, Mr D Bremner, Mr D Flear, Mr W MacKay, Mr J McGillivray, Mr I Ross, Mrs C Wilson, Mr R Durham, Mrs A MacLean, Dr D Alston, Mr H Fraser, Mr J Laing, Mr D Millar, Mrs H Carmichael, Mrs M Davidson, Mr P Corbett, Mrs B McAllister, Mr D Henderson, Mr F Parr, Mr J Gray, Mr K MacLeod, Mr R Balfour, Mr J Ford, Mr L Fraser, Mr J Crawford, Mr T Prag, Ms J Douglas, Dr M Foxley, Mr B Murphy
The Council, therefore, AGREED to appoint Mr Richard Durham and Ms Maxine Smith to the Planning Review Body from the Caithness, Sutherland & Easter Ross area.
Ross, Skye and Lochaber – 2 remaining places available
- Dr Audrey Sinclair (nominated by Mrs I McCallum and seconded by Mr R Greene)
- Mrs Isabelle Campbell (nominated by Mr D Chisholm and seconded by Mr D Cameron)
There being only two nominations, the Council, accordingly, AGREED to appoint Dr Audrey Sinclair and Mrs Isabelle Campbell to the Planning Review Body from the Ross, Skye & Lochaber area.
Inverness, Nairn, Badenoch and Strathspey – 3 places available
- Mr Stuart Black (nominated by Mr A S Park and seconded by Mr P Corbett)
- Mr Ken MacLeod (nominated by Miss J Campbell and seconded by Mr A Graham)
- Mr Hamish Wood (nominated by Mr A Christie and seconded by Mr T Prag)
- Mr Dave Fallows (nominated by Mr I Brown and seconded by Mr J Finnie)
At this point, it was confirmed that Mr Stuart Black had intimated that he wished to withdraw from the list of nominees.
There being only three nominations remaining, the Council, accordingly, AGREED to appoint Mr Ken MacLeod, Mr Hamish Wood and Mr Dave Fallows to the Planning Review Body from the Inverness, Nairn, Badenoch & Strathspey area.
Decision
The Council AGREED that the Planning Review Body should comprise the following Members:-
- Chair of the PED Committee (Mr Ian Ross)
- Vice Chair of the PED Committee (Mrs Isobel McCallum)
- Mr Richard Durham
- Ms Maxine Smith
- Dr Audrey Sinclair
- Mrs Isabelle Campbell
- Mr Ken MacLeod
- Mr Hamish Wood
- Mr Dave Fallows
8. Question Time
The following Questions had been received by the Assistant Chief Executive in terms of Standing Order 42:-
(i) Mr Thomas Prag
To the Chair of the Planning, Environment and Development Committee
“Could the Chair of the Planning, Environment and Development Committee comment on how many businesses and individuals have been supported through the new Business Gateway service operated on the Council’s behalf by Highland Opportunity Limited since its start in April 2009?”.
The response had been circulated.
In terms of a supplementary question, Mr Prag asked if there were plans to promote and market the Business Gateway service and if there a budget to support this?
In response, the Chair of the Planning, Environment and Development Committee confirmed that the Business Gateway service was being fully marketed and that significant progress had been made. Discussions had been held on the budget and verbal agreement had been reached on an indicative figure of £100,000 within the national budget to deliver marketing at a Highland and Islands level. Plans were presently in place on the basis of funding being available and it was hoped that there would be an official launch of the Business Gateway in the Highlands towards the end of the month which would involve the Cabinet Secretary.
Decision
The Council NOTED the position.
(ii) Mr Drew Hendry
To the Leader of the Council’s Administration
“Following my request of 30 October 2008 asking for the Political Leader to join calls for the Westminster Government to release the “Fossil Fuel Fund” monies of up to £120m, held back simply due to accountancy rule issues, the money is available and due to be used in Scotland and Highland would be likely to be a major beneficiary in terms of industry and jobs.
At that meeting, the Political Leader stated in his reply that “The Administration regarded progress on this issue as a very high priority”. On 18 December 2008, in response to a request for an update on progress, the Political Leader stated that an update would be provided in due course.
As we are now a whole 10 months on from my initial request, which he stated would be a “very high priority”, could he advise of the meetings and communications he has initiated to date, specifically concerning the release of the “Fossil Fuel Funds”, including with whom, when they took place and what actions and reports were agreed?”
The response had been circulated.
In terms of a supplementary question, Mr Hendry asked if the Leader of the Council’s Administration would write to request a change in the rules to release this money to stimulate the economy of the Highlands and agree to convene a cross-party meeting to discuss the options to take this forward?
In response, the Leader of the Council’s Administration confirmed that high level discussions had been held with Civil Servants, the Secretary of State for Scotland, the Crown Estate, Highlands & Islands Enterprise and European counterparts. There was now a need to liaise with Ofgem to encourage a more strategic approach with the intention of accessing these funds for marine renewables and/or power transmission on a UK basis so as to by-pass the difficulty of the Barnet Formula. He intended to continue this work and discuss it with the Cabinet Secretary for Finance at the Convention of the Highlands and Islands in October 2009.
Decision
The Council NOTED the position.
9. Best Value 2 (BV2) Audit – Progress Report
There had been circulated Report No. HC-20-09 dated 25 August 2009 by the Chief Executive which advised of the process underway for the Best Value 2 (BV2) audit of the Council.
During a summary of the report, it was confirmed that the purpose of the audit was to assess whether the Council was securing best value and complying with community planning duties. By working with other inspection agencies, Audit Scotland had initially identified key themes for the BV2 audit, including Corporate and outcome assessment activity, Thematic cross-cutting audit activity and Joint Scrutiny arrangements. It was also advised that Northern Constabulary and the Joint Police Board were undergoing a BV audit and efforts would be made to integrate processes where possible with the audit of the Council.
It was envisaged that the scope of the audit would be finalised in early September and over the next 2 month period auditors were to observe at a number of meetings and undertake interviews with identified Officers, Elected Members and partners. The final audit report was scheduled for December 2009 and would be publicised widely, drawing on information from surveys (of Members and partners), observation and a range of quantitative and qualitative performance information.
In terms of resource implications, it was confirmed that the costs of the audit were being absorbed in terms of staff time and the annual fee paid to Audit Scotland. In the Council’s consultation response to BV2, it had been recommended that BV2 audit costs and all other external inspection costs should be quantified to provide base-line data against which future audit costs could be compared with a view to supporting the Scottish Government’s intention to reduce the cost of external scrutiny and transfer resources appropriately across the public sector.
During discussion, a number of Members expressed concern regarding the electronic survey which they had been asked to complete and return by email and requested that it be re-submitted in an improved format if possible. In this regard, it was confirmed that feedback had already been given to Audit Scotland on the basis that the survey had not been considered to be ‘user-friendly’ and assurances had now been received that it could be completed in hard-copy if preferred.
Members also welcomed the intention of the Scottish Government to reduce the audit burden on public bodies. Specifically, it was hoped that frontline services would not be affected by staff time being diverted to address the HMIE Child Protection Inspection.
Decision
The Council NOTED:-
(i) the work produced for the BV2 audit to date;
(ii) the key themes identified initially by audit and inspection agencies;
(iii) that surveys of Members and partners, as well as observation and
interviews, were to be arranged; and
(iv) that the audit report, expected in December 2009, would be made widely
available.
10. ‘Strengthening the Highlands’ – The Programme of the Highland Council
There had been circulated Report No. HC-21-09 (appendix) dated 21 August 2009 by the Chief Executive which confirmed that a review of the Council’s Programme, “Strengthening the Highlands” had taken place and amendments made to refresh and expand existing commitments. One new commitment was proposed and two former commitments had been combined. Several improvements to performance indicators were also proposed on the basis that a full report on performance in the first year of the Programme would be reported to the next meeting on 29 October 2009 when the results of the survey of public opinion would also be available.
During a summary of the report, it was confirmed that the new commitment related to the quality of learning, teaching and leadership activity. All other amendments refreshed, expanded or combined original commitments. Specifically, refreshed commitments related to timescale changes or national/legislative change and expanded commitments related to all schools being at the centre of communities, an increase in the number of Gaelic learners in schools, the need to change attitudes and behaviours towards alcohol as a priority, supporting communities to contest further Post Office closures and achieving a minimum completion of 10 small scale flood prevention schemes in each year. Two former commitments, relating to road safety for vulnerable people and the use of 20mph speed limits, had also been combined.
It was advised that, with the proposed amendments, there was still a strong alignment with the Single Outcome Agreement in place with the Scottish Government and partners and a summary of local outcomes was provided in the appendix to the report. Also, to reflect the amendments in the Programme and to continuously improve how Council performance was measured against the commitments, a number of revisions to the performance indicators were highlighted. Any further changes to the performance framework would be reported to the next meeting.
In terms of resource implications, a three year budget for the years 2010/11 to 2012/13 was being developed and this would be reported to the Council in February 2010. It was confirmed that, as part of the budget process, the Council would also require to consider resource requirements to support the Programme.
During discussion, Members generally expressed support for the revised Programme and raised the following issues:-
- in relation to “What we will do for the economy”, how was it intended to recognise and support the importance of the Cairngorms National Park to the Highland economy and the world class skills at Dounreay?;
- what opportunities currently existed to develop air services in and out of Broadford?;
- it would be helpful if the Minutes of Meetings of the Dounreay Regeneration Board could be placed in the Members’ Library in future to allow Members to be informed of progress; and
- whilst it was claimed that staff were valued and that they, along with the trade unions, were to be consulted on the ‘Modernising Employment – Job Evaluation’ issues, with the aim of increasing staff perceptions of the Council as an employer, this appeared to conflict with the decision to terminate the contracts of employment of staff (who were not willing to vary their terms and conditions by agreement) and offer them re-engagement on new terms and conditions.
In response, it was confirmed that, whilst it had been a challenging year in terms of economic development, many achievements had been made, including the roll-out of e-planning and the early success of the Business Gateway. The Programme also sought to give more prominence to tourism which would address support for the Cairngorms National Park, particularly with off-season visitors.
In addition, the Programme aimed to promote improved air services throughout the Highlands and, in this regard, HITRANS had recently launched a consultation on air services and the Council was working with new operators who were proposing innovative ways of delivering services, particularly to Skye.
It was also confirmed that the Council would continue to work positively with staff and the trade unions to achieve a collective agreement regarding employment terms and conditions.
Decision
The Council AGREED the changes proposed to the Programme, including the refreshed commitments and amendments to the performance indicators.
It was also NOTED that the full annual Corporate Performance report, including the annual public survey results, would be reported in October 2009, that the budget proposals for 2010-11 to 2012-13 would be reported in February 2010 and that the Corporate Plan would be refreshed following the Council meeting in October 2009.
11. Public Services Reform (Scotland) Bill
There had been circulated Report No. HC-22-09 dated 20 August 2009 by the Chief Executive which provided an outline of the Scottish Government’s Public Services Reform (Scotland) Bill and a proposed response to the Scottish Parliament’s Finance Committee call for written evidence on the Bill.
During a summary of the report, it was confirmed that the Public Services Reform (Scotland) Bill had been introduced with the overall aim of simplifying and improving the landscape of Scottish public bodies and delivering more effective, co-ordinated government that could better achieve its core functions.
The main features of the Bill included: Simplification of Public Bodies; Order Making Powers; Establishment of Creative Scotland; Social Care and Social Work Improvement Scotland; Health Care - Scrutiny and Improvement; and Scrutiny.
It was confirmed that the Scottish Parliament’s Finance Committee expected to consider written submissions and to take oral evidence during September and October 2009 and to report on the Bill’s general principles around the end of November 2009.
During discussion, Members generally expressed their support for the Scottish Government’s endeavours regarding public services reform and suggested that consideration should also be given to proportionate spending on scrutiny, particularly in light of the present economic climate.
It was further suggested that the response should indicate the Council’s view that Highlands and Islands Enterprise should not have any powers removed in relation to the delivery and management of national business grants.
Decision
The Council NOTED the summary of the Public Services Reform (Scotland) Bill and APPROVED the proposed submission to the Scottish Parliament’s Finance Committee which had been attached as Appendix 1 to the report – subject to the inclusion of the additional issues raised by Members at the meeting.
12. Inverness College Campus Options
Declarations of Interest:-
Mr I Ross declared a financial interest in this item on the grounds of being a Visiting Lecturer at Inverness College and left the room.
Mr T Prag and Mrs J Urquhart declared non-financial interests in this item on the grounds of being on the Board of Governors of the University of the Highlands and Islands (Mr Prag also as a Trustee of UHI Development Trust) 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).
Mrs H Carmichael and Mr J Gray declared non-financial interests in this item on the grounds of being Board Directors of Highland Opportunity 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 Report No. HC/23/09 dated 25 August 2009 by the Director of Planning and Development which provided an update on the progress being made on the development of a new campus site at Beechwood on the east of Inverness which would offer the opportunity for the relocation of Inverness College from the current Longman site and a number of other related activities, including the Scottish Agricultural College, additional student residences, the future development of the Centre for Health Science and sports facilities.
During a summary of the report, it was confirmed that the development of a new campus in Inverness was a priority for the Council and a number of public agencies in the area and the Beechwood site offered the opportunity for an integrated, sustainable and high quality new development with wide spin-off benefits. Although there were challenges with delivery, it was considered that effective partnership working would ensure that the project could be delivered within the preferred timescales.
It had been confirmed within the report that Inverness College Board were shortly to consider options appraisals on two potential sites – the existing Longman Road site and the Beechwood site. However, since the issue of the agenda papers, new information had been received from the College which confirmed that they were also to consider a re-development of the Midmills site in conjunction with the Beechwood option.
During discussion, Members expressed general support for the proposal in relation to the Beechwood site on the grounds that it presented an opportunity for an integrated development which could bring economic benefits to the Highlands. It was also considered that arguments against the Beechwood site produced few obstacles that could not be overcome.
Concern was expressed that financial and other material information on the inclusion of the Midmills site was not available and it was suggested that this option should not be considered at such a late stage. In acknowledging that the decision lay with Inverness College, it was hoped that they would be receptive to working in partnership with others for the overall benefit of the city and the Highlands.
Decision
The Council AGREED:-
(i) to support the efforts underway to deliver a high quality campus site at
Beechwood, Inverness; and
(ii) to continue dialogue with all the partners involved in the scheme to ensure
that the site could be delivered in the timescales required.
At this point, Mr I Ross returned to the meeting.
13. Dundee Child Protection Committee – Significant Case Review
There had been circulated Report No. HC-24-09 dated 25 August 2009 by the Director of Social Work which advised of the significant case review findings into the circumstances surrounding the death of Brandon Lee Muir.
During a summary of the report, it was confirmed that the Dundee Child Protection Committee had commissioned a Significant Case Review to be undertaken by an independent consultant into the circumstances surrounding the death of Brandon Lee Muir. The former Chief Constable of Fife Constabulary had also been asked to prepare an independent review for Chief Officers. The Significant Case Review had emphasised the importance of the effective organisation and deployment of staff; stressed the need for inter-agency engagement and had contained a number of recommendations aimed at tightening up procedures and practice. Whilst the recommendations related to the specific circumstances of this particular case, the Minister, Adam Ingram, had asked that the report be made available to all Child Protection Committees to enable wider dissemination and application of any lessons.
During discussion, Members stressed the importance of the Council’s role as ‘corporate parents’ and the need for effective inter-agency working, sharing of information and constant vigilance at all times. It was also suggested that a report on the issue should be submitted to a future meeting of the Joint Committee for Children and Young People.
Decision
The Council NOTED the terms of the report as circulated and AGREED that the Highland Child Protection Committee should consider the Significant Case Review findings into the circumstances surrounding the death of Brandon Lee Muir to ensure that any relevant lessons were applied locally to promote the protection and wellbeing of Highland’s children.
The Council also NOTED the positive endorsement and support of the ‘Getting It Right For Every Child’ approach which had been the focus of the Highland Pathfinder.
It was also AGREED that a report on the issue should be submitted to a future meeting of the Joint Committee for Children and Young People.
14. Statutory Performance Indicators 2008/09
There had been circulated Report No. HC-25-09 dated 19 August 2009 by the Depute Chief Executive which provided notice of the Council’s Accounts Commission Statutory Performance Indicators (SPIs) for the financial year 2008/09, confirmed that these would be published before the end of September 2009 and advised of the changes expected for reporting on SPIs for 2009/10.
It was confirmed that that the Council was required to publish this information before the end of September 2009 and a Public Notice would therefore be placed in the press advising that the information was available from a variety of Council Offices and also from the Council’s website.
The Council’s Statutory Performance Indicators, together with those for the other 31 Scottish Councils, would also be published on a comparative basis by Audit Scotland on behalf of the Accounts Commission by February 2010.
Decision
The Council NOTED performance in terms of the Statutory Performance Indicators for the financial year 2008/2009 which it was anticipated would be made available to the public on Friday, 4 September 2009.
The Council also NOTED the mixed performance in SPIs compared to the previous year and that the reasons for this and any remedial action required would be reported to Strategic Committees, including comparisons with other Scottish Councils. A report describing performance against the delivery of the “Strengthening the Highlands” Programme in 2008/09 would also be reported to the full Council in October 2009.
The Council further NOTED the requirements for reporting performance to the public from 2009/2010 onwards, which involved reporting on fewer SPIs but also drawing on wider performance information covering corporate management and service performance, and that work was in progress to ensure compliance.
15. UK Parliamentary Election
There had been circulated Report No. HC-26-09 dated 25 August 2009 by the Returning Officer which advised of the impact that Election Administration had on the work of the Council and explained the statutory framework which governed the conduct at an Election. It was clarified that the report had been brought forward given that the next UK Parliamentary Election might be held at any time before 3 June 2010 and in view of the lead-in time necessary for preparation.
During a summary of the report, the staffing and other related arrangements which were required to ensure the smooth administration of the Parliamentary Election were detailed, including arrangements for accommodation, election accounts, polling and counting staff, polling stations, count venues and election costs.
Decision
The Council AGREED the proposals for the conduct of the UK Parliamentary Elections as detailed in the report.
16. Standing Orders Relating to the Conduct of Meetings
There had been circulated Report No. HC-27-09 dated 26 August 2009 by the Assistant Chief Executive which outlined proposals for amendments to the Council’s Standing Orders for the Conduct of Meetings.
It was confirmed that the annual review of Standing Orders was a requirement of the Council’s Code of Corporate Governance.
Following discussion, Mr D Hendry, seconded by Ms M Smith, MOVED approval of the proposed amendments to the Standing Orders as detailed – with the exception of the amendments proposed for Standing Orders 10.2 (timescale for submission of Notices of Motion) and 42.2 (timescale for submission of Questions) where it was suggested that the status quo should be retained.
As an AMENDMENT, Dr M E M Foxley, seconded by Dr D Alston, MOVED approval of the proposed amendments to Standing Orders as detailed in the report.
On a vote being taken, the MOTION received 20 votes and the AMENDMENT received 38 and the AMENDMENT was therefore CARRIED, the votes having been cast as follows:-
For the Motion:
Mr G Farlow, Mr G Smith, Mr D Bremner, Mrs J Urquhart, Ms M Smith, Mr A Torrance, Mr P Cairns, Mr I Renwick, Mr D Hendry, Mrs P Munro Mr D Kerr, Mr J Finnie, Mr I Brown, Mr R Balfour, Mr B Wynd, Mrs L MacDonald, Mr J Crawford, Mr R Pedersen, Mr D Fallows, Mr B Gormley
For the Amendment:
Ms L Munro, Mr D Mackay, Lady M Thurso, Mr B Fernie, Mr D Flear, Mr W MacKay, Mr J McGillivray, Mr I Ross, Mrs I Campbell, Dr A Sinclair, Mr M Finlayson, Mr M Rattray, Mrs C Wilson, Mrs A MacLean, Dr D Alston, Mr B Barclay, Mr H Fraser, Mr J Laing, Mr A Henderson, Mrs H Carmichael, Mrs M Davidson, Mr A Christie, Mr A Graham, Mrs B McAllister, Mr D Henderson, Mr F Parr, Mr J Gray, Mr K MacLeod, Mr J Ford, Mrs G Sinclair, Mr L Fraser, Mr A S Park, Mr T Prag, Mr S Black, Ms J Douglas, Mr G Rimell, Dr M Foxley, Mr B Murphy
Decision
The Council APPROVED the proposed amendments to the Standing Orders Relating to the Conduct of Meetings as detailed on the basis that an amended copy will be circulated to all Members following the meeting for inclusion in the Council Handbook.
It was also AGREED that there was a need to consider possible further revisions to Standing Orders in relation to the current Notice of Amendment (Planning) procedure and that a report in this regard should be brought to the Council at an early date.
17. Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers
There had been circulated Report No. HC-28-09 dated 26 August 2009 by the Assistant Chief Executive which outlined proposals for amendments to the Council’s Scheme of Delegation and Administration to Strategic Committees and to Officers.
It was confirmed that the annual review of the Scheme of Delegation and Administration was a requirement of the Council’s Code of Corporate Governance.
Decision
The Council APPROVED the proposed amendments to the Scheme of Delegation and Administration as detailed on the basis that an amended copy would be circulated to all Members following the meeting for inclusion in the Council Handbook.
18. Timetable for Meetings in 2010
There had been circulated a Draft Timetable of Meetings of the full Council, Strategic Committees, Inverness City Committee and the Planning Review Body in 2010.
Meetings of the Joint Boards and the Joint Committee for Children and Young People were to be included at a later date.
Decision
The Council AGREED the Timetable for Meetings in 2010 as circulated.
19. Inverness Prison Visiting Committee – Appointment of Lay Member
The Council was advised that Mrs Annette West had resigned as a Lay Member of the Inverness Prison Visiting Committee and, following interviews undertaken during August 2009, it was now proposed that Dr Ian Williams, Lochbroom, Garve, should be appointed to fill the resultant vacancy on the Committee.
Decision
The Council AGREED that Dr Ian Williams should be appointed as a Lay Member of the Inverness Prison Visiting Committee.
20. Deeds Executed
It was NOTED that a list of Deeds and other documents executed on behalf of the Council since the meeting held on 25 June 2009 was available in the Members’ Library and on the Council’s Website.
21. Exclusion of the Public
It was NOTED that, although the following item had been listed as a Private Item within the agenda papers for the meeting, it could now be considered in public. Copies of the report were therefore made available to members of the press and public who were present at the meeting.
22. Elphinstone Land Limited/ASDA Stores Limited, Slackbuie Farm, Inverness
There had been circulated Report No. HC/29/09 by the Chief Executive advising of the Agreement reached between the Council and ASDA in relation to finding an acceptable solution to resolving potential traffic congestion, following the decision of Scottish Ministers to grant outline planning permission to Elphinstone Land Limited / ASDA Stores Limited for a superstore, petrol filling station, 5 small retail units and associated works at Slackbuie Farm, Inverness.
During a summary of the report, it was confirmed that the Resources Committee on 19 August 2009 had received a report on the Scottish Ministers’ decision to grant outline planning permission to Elphinstone Land Limited/ASDA Stores Limited. Since that time, positive and constructive dialogue had been held with ASDA which had resulted in the Company’s agreement to offer up to £1.5m to address increased traffic flows. Increases to traffic congestion would be based on surveys taken both before and after the opening of the store. ASDA had also agreed to provide £100k up front to help with traffic assessments/utility surveys and initial design engineering works which would not be repayable but would come from the £1.5m.
It was confirmed that the Council had not formally appealed the decision of the Scottish Ministers although it was believed that a third party had in fact now appealed and this might lead to some further delay. However, ASDA were still committed to further discussions with the Council.
It was expected that road improvements would be essential to accommodate the opening of the new store as a 10% increase in traffic levels had been set as the threshold which demonstrated the impact on traffic congestion. It was also confirmed that, if traffic levels reached the 10% increase within a certain number of days over the period, the Council would be allowed to commence construction.
During discussion, Members welcomed the successful negotiations which had taken place and the positive response from ASDA and suggested that an appeal from a third party had reinforced the need to stand firm on the issue.
A request was also made at the meeting for further information to be provided in relation to a previous application made by Tesco Stores at Holm Mains, Inverness, specifically in relation to the application of the ‘Planning Gain’ policy at that time.
Decision
It was NOTED that an Agreement had been reached between the Council and ASDA in relation to finding an acceptable solution to resolving potential traffic congestion, following the decision of Scottish Ministers to grant outline planning permission to Elphinstone Land Limited / ASDA Stores Limited for a superstore, petrol filling station, 5 small retail units and associated works at Slackbuie Farm, Inverness.
It was also NOTED that further information would be provided in relation to a previous application made by Tesco Stores at Holm Mains, Inverness, and specifically in relation to the application of the ‘Planning Gain’ policy at that time.
The meeting ended at 1.35 pm.