A meeting of The Highland Council will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 17 December 2009 at 10.30am.
You are invited to attend the meeting and a note of the business to be considered is attached.
Yours faithfully,
Michelle Morris
Assistant Chief Executive
Declarations of Interest – Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting. Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from Officers prior to the meeting taking place.
1. Calling of the Roll and Apologies for Absence
2. Confirmation of Minutes
There are submitted for confirmation as correct records the Minutes of the scheduled Meeting of the Council held on 29 October 2009 and the Special Meeting of the Council held on the same date as contained in the Volume circulated separately.
3. Minutes of Meetings of Committees
There are 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 Index |
- Resources Committee (Special Meeting), 27 October
- Inverness City Committee, 2 November
- Housing and Social Work Committee, 11 November
- Education, Culture and Sport Committee, 12 November
- Gaelic Committee,12 November
- Planning, Environment and Development Committee,18 November
- Transport, Environmental and Community Services Committee,19 November
- Joint Committee for Children and Young People, 20 November
- Resources Committee, 2 December
- Audit and Scrutiny Committee, 3 December
- Inverness City Committee, 14 December
4. Climate Change Working Group
There will follow for approval Minutes of Meeting of the Climate Change Working Group held on 10 December 2009
5. Land, Environment and Sustainability Strategy Group
There are circulated for approval Minutes of Meeting of the Land, Environment and Sustainability Strategy Group held on 26 November 2009.
With reference to Item 11 of the Minutes, the Council is invited to approve the final draft Allotments Policy, as recommended for approval by the Strategy Group, a copy of which is attached as Appendix 1.
6. Budget Information Group
There are circulated for approval Minutes of Meeting of the Budget Information Group held on 3 December 2009.
7. Membership of Committees, Sub Committees, etc
The Council is asked to agree the following change to the membership of the Resources Committee as submitted by the Liberal Democrat Group –
Mr A Christie to replace Mr G Rimell.
8. Question Time
The following Questions have been received by the Assistant Chief Executive in terms of Standing Order 42:-
(i) Mr David Bremner
To the Leader of the Administration
“Bearing in mind Liberal Democrat support for the Lisbon Treaty, how does the Administration Leader see this Council being able to make effective regional representation regarding draft EU legislation that may affect the Highlands given the scant eight week window allowed to Westminster to give opinion on these draft laws under Protocol 2 of the Lisbon Treaty?”
The response to Mr D Bremner is circulated.
Mr Bremner will be entitled to ask a supplementary question which will be answered by the Leader of the Administration.
(ii) Mrs Jean Urquhart
To the Convener
“What have the discretionary monies, formerly allocated to Strategic Departments and now held centrally, been spent on in this financial year and what is the balance currently held?”
The response to Mrs J Urquhart is circulated.
Mrs Urquhart will be entitled to ask a supplementary question which will be answered by the Convener.
9. Notices of Motion
The following Notices of Motion have been received in accordance with Standing Order 10.1 –
(i) “That the practice of holding Ward Business Meetings in private be abolished and that where, in line with relevant legislation, items can be discussed in open, the press and public be admitted for that part of the meeting where these items are discussed.”
Signed
Mr D Bremner, Mr R Balfour, Mr G M Smith, Mr D J Chisholm, Mr J Crawford
(ii) “That the Council reverses the decision of 6 September 2006 and reinstates the hostel provision to Portree High School for pupils from Sleat.”
Signed
Mr I Renwick, Mr G Farlow
(iii) “That, from 2010, the Council re-schedules the start times of meetings for full Council and Strategic Committees to 1pm.”
Signed
Mr D Hendry, Mrs J Urquhart
10. Report to Members and the Controller of Audit on the 2008/09 Audit
There is circulated Report No. hc-36-09 dated 30 November 2009 by the Depute Chief Executive & Director of Finance which introduces and comments on the External Audit Report to Members in respect of the Final Accounts for the financial year ended 31 March 2009.
There is circulated separately Report from External Auditor (Audit Scotland).
Members are asked to:-
(i) note the External Auditor’s Report for the Year Ended 31 March 2009;
(ii) agree the Council’s response to the findings of the Auditor and the
completed Action Plan; and
(iii)agree the Audited Accounts for the Year Ended 31 March 2009.
11. Revenue Budget 2010/11 – 2012/13
There is circulated Report No. hc-37-09 dated 9 December 2009 by the Depute Chief Executive & Director of Finance which provides an update on progress with the Revenue Budget for the three years 2010/11 to 2012/13 and sets out a number of savings proposals from the Administration relating to those years.
Members are asked to consider the report and:-
(i) note progress in relation to the Revenue Budget for 2010/11 to 2012/13;
(ii) agree the savings proposals set out in Booklet A and Booklet B which are
circulated separately;
(iii) note that further savings proposals will be considered in February 2010
when the Council will be asked to formally agree the Budget and Council
Tax for 2010/11 and indicative figures for the subsequent two years; and
(iv) agree the deferral of the next stage of formal tendering for the 5 new
build Care Homes to allow for a business case review.
12. Strategic Planning Arrangements to Support a ‘safer Highland’
There is circulated Report No. hc-38-09 dated 8 December 2009 by the Chief Executive which sets out new strategic planning arrangements that have been put in place to support a ‘safer Highland’. It also makes proposals about governance arrangements through Committees of the Highland Council and proposes a ‘political champion’ for each of the strategic groups within the partnership.
Members are also asked to:-
(i) welcome the formation of the ‘safer Highland’ partnership;
(ii) agree the proposed governance arrangements;
(iii) agree the principle and that the relevant governance Committee considers
nominations for political champions for each of the strategic groups; and
(iv)agree that the minutes of the Community Health Partnerships (3) be
reported to the Housing and Social Work Committee.
13. Proposal to modify the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003
There is circulated Report No. hc-39-09 dated 9 December 2009 by the Assistant Chief Executive which presents the Scottish Government proposals to modify the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 in order to take account of the recommendations of the National Park Review and to make a technical change to delegation arrangements for the exercise of planning powers. A response is sought by 18 January 2010.
Members are asked to consider the modification proposals as set out in the report and recommend that, given the geographical size of the National Park area and the population contained therein, the Highland Council should have 3 Board Members as detailed in Paragraph 4.3 of the report.
14. Community Health Partnership (CHP)(South) – Membership
Members are advised that Community Health Partnerships (CHPs) are statutory bodies which operate as Sub Committees of NHS Boards and are charged with promoting local health services to meet the needs of communities and closer working with local authorities. The Highland Council area has 3 CHPs in the NHS – North, Mid and South – and, in terms of representation, 5 Members are appointed by the Council from each of the three areas in line with political balance.
In this regard, there is currently a vacancy on the South Community Health Partnership for a Member from the Independent Group.
Members are asked to agree that Ms Jaci Douglas be appointed to the South Community Health Partnership as detailed.
15. Amendments to Beinn Tharsuinn Windfarm Community Limited
Memorandum and Articles of Association
There is circulated Report No. hc-40-09 dated 15 October 2009 by the Corporate Manager, Caithness, Sutherland and Easter Ross, which seeks approval for a proposed change to the Memorandum and Articles of Association of Beinn Tharsuinn Windfarm Community Limited.
Members are asked to agree the proposed change to the Memorandum and Articles as detailed in the report.
16. Sale of Common Good Land – Dornoch
There is circulated Report No. hc-41-09 dated 26 November 2009 by the Corporate Manager, Caithness, Sutherland and Easter Ross, which seeks approval for the sale of land belonging to Dornoch Common Good.
The Council is invited to approve:-
(i) that the land be offered for sale at market value and otherwise on terms
and conditions to be agreed by the Director of Housing & Property, and
(ii) the deposit of proceeds from the sale in a Dornoch Common Good Capital
Fund as outlined by the Common Good policy.
17. Member Attendance at Meetings
At the previous meeting of the Council on 29 October 2009, Members were advised that the Local Government (Scotland) Act 1973 required that, if a Member of a Local Authority failed, throughout a period of 6 consecutive months, to attend any meeting of the Authority they would, unless the failure was due to some reason approved by the Authority, cease to be a Member of the Authority. In this regard, Mr Craig Fraser had been unable to attend meetings because of illness and the Council approved his absence on the basis that the position would be reviewed following a further 3 month period.
As the next scheduled Council meeting is not until 11 February 2010, and therefore outwith the stated 3 month period, an update is being provided for this meeting to confirm that Mr Fraser’s recovery from illness is continuing but at the present time he remains unable to resume his role in Ward and Committee business.
The Council is therefore asked to approve Mr Fraser’s absence as a result of illness for a further 3 month period on the basis that an update will be provided at that time if necessary.
18. Deeds Executed
Members are invited to note that a List of Deeds and other documents executed on behalf of the Council since the meeting held on 29 October 2009 is available in the Members’ Library and on the Council’s Website.
19. Exclusion of the Public
The Council is invited to resolve 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 involves the likely disclosure of exempt information as defined in Paragraph 6 of Part 1 of Schedule 7A of the Act.
20. Caithness Heat and Power
(i) Internal Audit Review
There is circulated to Members only Report No. HC/42/09 dated 9 December 2009 by the Head of Internal Audit and Risk Management which refers to the Internal Audit review of the governance arrangements in place regarding the Caithness Heat and Power project prior to the Council achieving control of the Company on 1 August 2008. It also refers to the process in finalising the report and the arrangements for presenting this to a Special Meeting of the Council on 12 January 2010.
Members are invited to note the arrangements for finalising and presenting a report to the Council on 12 January 2010.
(ii) Update on Procurement Exercise and Operational Matters
There is circulated to Members only Joint Report No. HC/43/09 dated 4 December 2009 by the Depute Chief Executive & Director of Finance and Director of Housing and Property which provides an update on progress with Caithness Heat and Power (CHAP) in relation to the procurement exercise and operational matters.
Members are requested to note the terms of the report as circulated.
21. School Transport Appeal – Notice of Referral
There will follow to Members only Report No. HC/44/09 by the Assistant Chief Executive.