Agendas, reports and minutes

Highland Council

Date: Thursday, 24 October 2013

Agenda: Highland Council Agenda - 24 October 2013

Committees

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 24 October 2013 at 10.35 am.

 

Webcast Notice: This meeting will be filmed and broadcast over the Internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

 

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

 

Business

 

1.  Calling of the Roll and Apologies for Absence
A’ Gairm a’ Chlàir agus Leisgeulan

 

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

 

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.

 

3.  Membership of the Council
Ballrachd na Comhairle

 

The Council is advised that Mr Alex MacLeod tendered his resignation as a Member of the Council with effect from 30 September 2013.

 

In this regard, a By-Election for Ward 4 (Landward Caithness) has now been arranged and will be held on 28 November 2013.

 

4.  Presentation – Director of Public Health and Health Policy
Taisbeanadh – Stiùiriche Slàinte a’ Phobaill agus Poileasaidh Slàinte

 

A Presentation will be undertaken at the meeting by Dr Margaret Somerville, Director of Public Health and Health Policy, on the Annual Report for 2013.

 

In this connection, the Annual Report for 2013 (4032kb pdf) has been circulated separately.

 

5.  Confirmation of Minutes
Daingneachadh a’ Gheàrr-chunntais

 

There are submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 5 September 2013 as contained in the Volume which has been circulated separately.

 

6.  Minutes of Meetings of Committees
Geàrr-chunntasan Choinneamhan Chomataidhean

 

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 Volume circulated separately as undernoted:-

 

|Link to Minutes Index|

  • Nairn and Badenoch and Strathspey Area Committee, 10 September
  • Community Safety, Public Engagement and Equalities Committee, 12 September
  • Planning, Environment and Development Committee, 18 September
  • Transport, Environmental and Community Services Committee, 19 September
  • Adult and Children’s Services Committee, 25 September
  • Audit & Scrutiny Committee, 26 September
  • Finance, Housing & Resources Committee, 9 October
  • City of Inverness Area Committee, 21 October

7.  Membership of Committees, etc
Ballrachd air Comataidhean, is eile

 

The Council is advised that Mr A Baxter and Mr T Maclennan have now left the Independent Group and have confirmed that they are to be non-aligned.

 

In this regard, the political make-up of the Council is now as follows:-

 

Independent – 33/SNP – 21/Liberal Democrat – 14/Labour – 8/Independent Nationalist – 1/Non Aligned – 2

 

The formula in respect of the number of places on Strategic Committees is now 9/6/4/3 and in this regard revised Committee Membership (487kb pdf) tables are circulated for approval.

 

The Council is also asked to agree the following - 

 

Board of Eden Court Highlands – Mr K Gowans to replace Mrs G Sinclair
Board of Eden Court Highlands – Mr A Duffy to replace Mr A MacLeod

 

Planning Application Committees – List of Substitute Members (99kb pdf) following notification from the respective Wards.

 

8.  Question Time
Àm Ceiste

 

The following Questions have been received by the Assistant Chief Executive in terms of Standing Order 42 –

 

(i) Mr A Baxter (913kb pdf)

 

To the Chair of the Finance, Housing and Resources Committee

 

“What is the Council’s policy for the routine outdoor maintenance of communal and other public areas on estates under the responsibility of Housing and Property Services?”

 

The response is circulated.

 

Mr Baxter will be entitled to ask a supplementary question which will be answered by the Chair of the Finance, Housing and Resources Committee.

 

(ii) Mr A Baxter (912kb pdf)

 

To the Chair of the Transport, Environmental and Community Services Committee

 

“What are the terms of reference for the social and economic impact study of fare prices on the Corran Ferry, as agreed at the Transport, Environmental and Community Services Committee meeting on 19 September 2013, and what is the timetable for completion and subsequent publication of this study?”

 

The response is circulated.

 

Mr Baxter will be entitled to ask a supplementary question which will be answered by the Chair of the Transport, Environmental and Community Services Committee.

 

(iii) Mr A Henderson (915kb pdf)

 

To the Leader of the Council

 

“How do Highland Council intend to support the sustainability of the new Mallaig to Lochboisdale Ferry Service?”

 

The response is circulated.

 

Mr Henderson will be entitled to ask a supplementary question which will be answered by the Leader of the Council.

 

(iv) Mrs M Davidson (916kb pdf)

 

To the Leader of the Council

 

“Many of us are hearing concerns from our constituents about the lack of progress by NHS Highland building up homecare and other services in our communities.

 

We believe that we must have increased accountability and scrutiny of adult services and ask for an immediate review of governance arrangements by a cross-party group with a report back to the next Highland Council meeting”.

 

The response is circulated.

 

Mrs Davidson will be entitled to ask a supplementary question which will be answered by the Leader of the Council.

 

(v) Mr M Green (919kb pdf)

 

To the Chair of the Planning, Environment and Development Committee

 

“Following on from the report to Scottish Government from the Town Centre Advisory Group and the excellent presentation from the Chair of the Group, Malcolm Fraser, how will this Administration respond to the recommendations in the Report?”

 

The response is circulated.

 

Mr Green will be entitled to ask a supplementary question which will be answered by the Chair of the Planning, Environment and Development Committee.

 

(vi) Miss J Campbell (923kb pdf)

 

To the Leader of the Council

 

“Following the letter we received from Chief Superintendent Julian Innes on October 1st 2013 advising that Police Scotland is proposing to withdraw the role of traffic wardens across the Highland Council area, can the Administration confirm what plans are in place to ensure the continuance of this crucial service?”

 

The response is circulated.

 

Miss Campbell will be entitled to ask a supplementary question which will be answered by the Leader of the Council.  

 

9.  Notices of Motion
Brath Glusaid

 

The following Notices of Motion have been received in accordance with Standing Order 10.1 –

 

“Highland Council condemns the Government of Israel for its continuing illegal occupation of Palestine’s East Jerusalem and the West Bank and for its continuing illegal blockade of Gaza.

 

Highland Council welcomes the decision of the United Nations on 29 November 2012 to grant ‘non-member observer State’ to Palestine.

 

However, for the people of Palestine, the suffering of the last 64 years continues as the Government of Israel continues to ignore and breach international law.

 

Just as individual sanctions against apartheid in South Africa led ultimately to its demise there, so individual and collective sanctions against the State of Israel will end apartheid and suffering in Palestine.

 

Highland Council therefore resolves to resist, insofar as legislative considerations permit, any action that gives political or economic support to the State of Israel”.

 

Signed: Mr D Kerr, Mr A Baxter

 

“The Independent Group asks that the Highland Council reviews the level of rent charged in our temporary accommodation.

 

Currently those who work and are on low wages and need temporary accommodation are severely penalised and many are pushed into debt”.

 

Signed: Mrs M Davidson, Mrs M Paterson

 

“That this Council makes the strongest representation to Ian Ross, the Highland Representative on Police Scotland, to ask him to fight with our communities to retain public access and our local Police Stations in Highland.

 

We also need to fight to retain a Fire Control Room in Inverness and ask that the Leader of the Council meets with Michael Foxley, the Highland Representative on Fire Scotland, and our Highlands MSPs to support this call and that he reports back to the next Highland Council meeting on both of these issues”.

 

Signed: Mrs C Wilson, Mrs M Davidson, Miss J Campbell, Mr M Green, Mr A MacKinnon, Mr D MacKay, Mr R Greene, Mr B Barclay, Mrs I McCallum, Mrs H Carmichael, Mrs F Robertson, Mr A Henderson, Mr J Gordon, Ms J Douglas

 

10.  Engaging with Police Scotland and the Scottish Fire and Rescue Service in their reviews of services 
A’ Conaltradh ri Poilis na h-Alba agus Seirbheis Smàlaidh is Teasairginn na h-Alba sna h-Ath-sgrùdaidhean aca air Seirbheisean

 

There is circulated Report No. HC-43-13 (946kb pdf) dated 14 October 2013 by the Assistant Chief Executive which describes the nature of the engagement the Council has had and is planning for the reviews currently underway by Police Scotland and the Scottish Fire and Rescue Service.

 

Members are asked to note that the Council is engaged fully in the reviews of services currently underway by Police Scotland and the Scottish Fire and Rescue Service and will continue to make the case for avoiding any adverse impacts on the services for people in the Highlands while being aware of the budget challenges facing all public services at this time.

 

In this regard, an update of the discussions to be held in advance of the Council meeting with both national Services will be provided at the Council meeting.

 

11.  Annual Treasury Management Report 2012/13
Aithisg Bhliadhnail Rianachd Ionmhais 2012/13

 

There is circulated Report No. HC-44-13 (1002kb pdf) dated 10 October 2013 by the Director of Finance which highlights the Council’s Treasury Management activities, provides a commentary on the year and compares activity to the expected activities contained in the Annual Treasury Strategy Statement and Investment Statement which was approved by the Council on 1 March 2012.

 

In compliance with the Code, the attached Treasury Management Report 2012/13 was submitted to the Finance, Housing and Resources Committee on 9 October for scrutiny and is now submitted to the Council for approval.

 

In addition, the Prudential Code requires the Council to report the actual prudential indicators after the financial year end and these are contained in this report.

 

The Council is asked to approve the Annual Treasury Report for 2012/13 as detailed.

 

12.  Highland Armed Forces Community Covenant Update
Cùmhnant nam Feachdan Armaichte

 

There is circulated Report No. HC-45-13 (1087kb pdf) dated 9 October 2013 by the Corporate Manager which outlines the work carried out by the partners to the Highland Armed Forces Community Covenant in the twelve months since it was established and sets out future priorities.

 

The Council is asked to welcome the work of the Highland Community Covenant Partnership undertaken to date and endorse the actions outlined at Paragraphs 2.1 and 2.2 of the report.

 

13.  Lochaber Tourism Business Improvement District
BID Turasachd Loch Abar

 

There is circulated Report No. HC-46-13 (1012kb pdf) dated 9 October 2013 by the Corporate Manager which provides a summary of the proposals being made by the Living Lochaber Business Improvement District Steering Group in its attempt to establish a Tourism Business Improvement District for Lochaber. The report further explains the Council’s involvement in the process and the benefits and resource implications for the Council in supporting the Tourism Business Improvement District by voting in favour at the ballot.

 

The Council is invited to note that the Planning, Environment and Development Committee, at its meeting on 18 September 2013, confirmed that there are no good grounds for the Council to exercise its statutory power to veto the Business Improvement District proposals.

 

The Council is also invited to note that the Lochaber Area Committee, at its meeting on 26 August 2013, generally welcomed the proposal to develop a Tourism Business Improvement District as the Business Improvement District concept has worked well in other areas.

 

The Council is further invited to agree to instruct Officers to enter a vote in favour of a 5 year terms from 1 January 2014 for the Living Lochaber Tourism Business Improvement District.

 

14.  Highland Common Good Funds – Policy, Management and Reporting
Maoin Maith Choitchinn na Gàidhealtachd

 

There is circulated Report No. HC-47-13 (1079kb pdf) dated 3 October 2013 by the Corporate Manager which provides an update on progress with the implementation of the Common Good Fund policy and associated actions, identifies gaps and inconsistencies between the management of different Common Good Funds, proposes a route towards future management of Common Good Funds and develops a consistent reporting template for future reports.

 

The Council is invited to note the progress on actions proposed to the Resources Committee in 2009 and the different scale and complexity of the Inverness Common Good Fund compared with all other Common Good Funds in Highland.

 

The Council is also invited to approve the proposed amendments to the Scheme of Delegation.

 

The Council is further asked to agree that Common Good Funds out-with Inverness should continue to be managed by the relevant Ward Manager with support from Finance and other Services as required and that Annual Reports (as outlined in Section 3.4 of the report) should be presented to Area Committees to enable Members to set the Common Good Fund budget, monitor expenditure and ensure that the property and assets of each Common Good Fund are managed effectively.

 

15.  Planning and Licensing Applications – Protocol on the use of Speaking Rights
Dealbhadh agus Ceadachd – Protocal a thaobh Chòraichean Labhairt 

 

There is circulated Report No. HC-48-13 (1041kb pdf) dated 3 October 2013 by the Assistant Chief Executive which outlines a Protocol for the use of Speaking Rights in regard to Planning and Licensing Applications as requested at the last meeting of the Council on 5 September 2013.

 

The Council is asked to agree the proposed Protocol on the use of Speaking Rights in relation to Planning and Licensing Applications as detailed and as attached as Appendix 1 to the report.

 

16.  Timetable of Meetings
Clàr-ama Choinneamhan

 

(i) Timetable of Meetings - 2013

 

Members are asked to agree the following change to the Timetable of Meetings in the current year –

 

Nairn and Badenoch and Strathspey Area Committee – meeting originally scheduled for Tuesday, 10 December now to be held on Tuesday, 3 December.

 

(ii) Timetable of Meetings - 2014

 

There is circulated Report No. HC-49-13 (966kb pdf) dated 10 October 2013 by the Chief Executive which outlines proposals in relation to the Timetable for Meetings for the full Council, Strategic Committees, City/Area Committees, etc in 2014.

 

In this regard, Appendix 1 to the report has been circulated separately.

 

The Council is asked to approve the proposed Timetable of Meetings for 2014 as detailed and as attached as Appendix 1 to this report.

 

The Council is also asked to agree that:-

 

(i)  the cycle of meetings in January may be cancelled in circumstances where
     the relevant Chair, Vice Chair and Director(s) agree that the level of business
     does not require a meeting to be called at that time;

(ii)  a review of the extent to which business has been transferred from
     Strategic to Area Committees should be undertaken in 12 months’ time;

(iii) the business of the Pensions Committee should be integrated with that of
     the Investment Sub Committee from 1 January 2014 and that an annual
     review of Sub Committees and Working Groups should be undertaken as
     detailed in the report; and

(iv) the Assistant Chief Executive should consult Members and bring forward a
     report setting out the logistics, benefits and savings associated with
     the option of paperless Committee meetings.

 

17.  Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers
Raòn Ùghdarrais agus Rianachd gu Comataidhean Ro-innleachdail agus Fo-chomataidhean agus gu Oifigearan

 

There is circulated Report No. HC-50-13 (1022kb pdf) dated 8 October 2013 by the Assistant Chief Executive which outlines further amendments which have been received since the last meeting in regard to the Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers.

 

The Council is asked to agree the further amendments to the Scheme of Delegation as detailed.

 

18.  Proposed Amendments to Service Structure
Atharrachaidhean air am Moladh do Structar nan Seirbheisean

 

There is circulated Report No. HC-51-13 (990kb pdf) dated 14 October 2013 by the Chief Executive which details proposals to amend the Council’s Service structure to align teams into 5 Services rather than the current 7. The paper also describes the reasons for the changes and notes that a saving of £350k per annum will be delivered.

 

The Council is invited to agree:-

 

i.  the amendments to the Service structure as contained in Paragraphs 2.3 to
    2.8 and also summarised in Appendix 2 and that these be implemented in 2
    phases by 30 September 2014;
ii. that consultation with Trade Unions and Senior Managers should take place
    from 25 October 2013 and that detailed proposals relating to the deployment
    and responsibilities of posts in Service Management Teams be brought to the
    Council on 19 December 2013; and
iii. that the remits of Strategic Committees be reviewed to achieve better
    alignment with the revised Service structure and that a report and
    recommendations be brought to the Council on 19 December 2013.

 

19.  Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

 

Members are asked to note that a List of Deeds (904kb pdf) and other documents executed on behalf of the Council since the meeting held on 5 September 2013 is available in the Members’ Library and on the Council’s Website.

Meeting Downloads