26 June 2014: Highland Council

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 26 June 2014 at 10.35am.

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
Depute Chief Executive/
Director of Corporate Development

BUSINESS

1.  Calling of the Roll and Apologies for Absence
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.  Duke of Edinburgh Award Scheme – Gold Award Presentation
Sgeama Duais Diùc Dhùn Èideann – Toirt Seachad Duais Òir

As part of the Duke of Edinburgh Award Scheme, 29 young people from across the Highlands are due to receive their Gold Award this year.

Sixteen recipients have accepted an invitation to attend the meeting where the Convener will present them with their Gold Award badges.

4.  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 8 May 2014 as contained in the Volume which has been circulated separately.

5.  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:-

Planning, Development and Infrastructure Committee, 14 May
Community Services Committee, 15 May
Education, Children and Adult Services Committee, 21 May
Lochaber Area Committee, 22 May
Caithness and Sutherland Area Committee, 27 May
Resources Committee, 28 May
Gaelic Implementation Group, 29 May
City of Inverness Area Committee, 3 June
Nairn and Badenoch and Strathspey Area Committee 11 June
Community Safety, Public Engagement and Equalities Committee, 12 June
Audit and Scrutiny Committee, 19 June

6.  Customer Services Board
Bòrd Sheirbheisean Luchd-ceannaich

There are circulated for information Minutes of Meeting of the Customer Services Board held on 21 May 2014.

7.  Community Challenge Fund Applications Panel
Pannal Iarrtasan airson na Maoin Dùbhlain Coimhearsnachd

There is circulated Note of Recommendations from the Community Challenge Fund Applications Panel for approval.

8.  Membership of Committees, etc
Ballrachd air Comataidhean, msaa

Members are asked to agree the following changes to membership of Committees –

Resources Committee – Mr B Thompson to replace Mr L Fraser
Pensions Committee – Mr B Thompson to replace Mrs C Wilson
Investment Sub Committee – Mr B Thompson to replace Mrs C Wilson

9.  Question Time
Àm Ceiste

The following Questions have been received by the Depute Chief Executive/Director of Corporate Development in terms of Standing Order 42 –

(i) Mrs M Davidson

To the Chair of the Resources Committee

“May we have a list of the numbers of members of the public attending the recent budget consultation events?”

The response is circulated.

Mrs Davidson will be entitled to ask a supplementary question which will be answered by the Chair of the Resources Committee.

(ii) Mrs M Davidson

To the Chair of the Planning, Development & Infrastructure Committee

“There is a newly forming group that is to help the First Minister deliver 1 million acres of land in community ownership by 2020. Will Highland Council invite them to Highland for us to give evidence and ideas? In addition, the setting up of a cross party Highland Council group of Members and Officers, before meeting the Million Acre group, would be very useful so will you agree to the formation of such a group?”

The response is circulated.

Mrs Davidson will be entitled to ask a supplementary question which will be answered by the Chair of the Planning, Development & Infrastructure Committee.

(iii) Mrs M Davidson

To the Leader of the Council

“Will Highland Council, in partnership with HIE and Community Broadband Scotland, develop a plan to deliver improved broadband to every home in Highland, in particular to those households where it has proved impossible to date?”

The response is circulated.

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

10.  Notices of Motion
Brathan Gluasaid

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

“The Highland Council fully supports efforts to increase breastfeeding levels in Highland after recently released statistics show that the figure for new born babies exclusively breastfed at 6-8 weeks sits at a disappointing 28.9%. The Council aims to meet the national target of 34.8% and realises that to do this new ways of working have to be looked at, including measures to make breastfeeding more acceptable in public, to encourage business to welcome and promote the practice and to normalise it in society. The Council further acknowledges the immense health benefits to both mother and child and commits to working with all partners to identify and resolve the current issues”.

Signed: Mr D Hendry, Ms G Ross, Dr D Alston, Mrs D MacKay

“The Highlands are a safe place and we are proud of its tradition of community policing. We do not believe that the introduction of Armed Response Units, in which Officer routinely carry side arms (rather than having them stored in secure cabinets in vehicles for use when needed), is appropriate for the Highlands.

We therefore call on Police Scotland to change its policy and, if necessary, seek changes in the regulations governing a Standing Authority to carry arms in order to make this possible”.

Signed: Dr D Alston, Ms K Stephen, Mr R Laird, Mrs D MacKay, Mr M Reiss, Mr B Lobban

11.  Statement of Accounts for the Year to 31 March 2014
Aithris Chunntasan Neo-sgrùdaichte airson na Bliadhna gu 31 Màrt 2014

There is circulated Report No. HC/6/14 dated 17 June 2014 by the Director of Finance which presents the Statement of Accounts for the year to 31 March 2014 for the Highland Council, Highland Charities Trust, Highland Council Charitable Trusts and the Highland Council Pension Fund and requests consideration of the allocation of surplus balances from the General Fund.

Members are asked to:-

(i) receive the Unaudited Accounts for the Highland Council, Highland Charities Trust, Highland Council Charitable Trusts and the Highland Council Pension Fund for the year ended 31 March 2014 and note that these will be presented to the Controller of Audit by the prescribed date of 30 June 2014;
(ii) note that detailed explanations will be presented to the Strategic Committees with regard to the year-end variances from Service budgets; and
(iii) approve the allocation of surplus funds of £2.75m as follows – Roads Maintenance (£0.74m), Winter Maintenance Fund (£1m) and Strategic Change and Development Fund (£1.01m).

12.  Revenue Budget Planning: 2015/16 Budget Update and Long Term Financial Planning
Buidseat Teachd-a-steach 2015-16 – Fios às Ùr

There is circulated Report No. HC/7/14 dated 16 June 2014 by the Director of Finance which provides an update on progress in relation to planning the Revenue Budget for 2015/16 and the Council’s longer term financial planning for years 2016/17 to 2018/19.

Members are asked to note:-

(a) the implications of the anticipated change to the Council’s grant allocation for 2015/16; and
(b) action taken to date and further work to achieve a balanced budget for 2015/16 and close the funding gap for the subsequent three years.

13.  Annual Efficiency Statement 2013/14
Aithris Èifeachdais Bhliadhnail 2013/14

There is circulated Report No. HC/8/14 dated 10 June 2014 by the Director of Finance which sets out the Council’s Annual Efficiency Statement for 2013/14.

The Council is asked to agree the Annual Efficiency Statement as detailed.

14.  Scotland’s Schools for the Future
Sgoiltean na h-Alba airson an Ama ri Teachd

There will follow Report No. HC/9/14 by the Director of Education, Culture and Sport.

15.  Highland Economic Update
Suidheachadh Eaconamach Làithreach

There is circulated Report No. HC/10/14 dated 16 June 2014 by the Director of Development and Infrastructure which provides an update on the Highland economy and a brief sectoral overview and concludes that there is good reason to be positive about the future prospects of the Highland economy.

The Council is asked to consider the improving economic situation facing the Highland economy and note the positive developments and opportunities available to businesses and individuals across the region.

16.  Highland Science Academy - Update
Acadamaidh Saidheans

There is circulated Report No. HC/11/14 dated 30 May 2014 by the Director of Development and Infrastructure which provides a summary of the findings of a consultant’s report into options for the establishment of a Highland Science Academy.

The report also requests approval for a contribution of £20,000 towards a funding package of £80,000 to meet the costs of employing a suitably qualified person to take forward an action plan, which has been attached as an appendix, designed to progress the further development of the project as outlined in the consultant’s report.

The Council is asked to support the commitment of £20,000 from the Development and Infrastructure budget towards the cost of employing an Officer to take forward the Highland Science Academy Action Plan.

17.  Carbon CLEVER Programme Plan and Update
Leasachadh Prògram a’ Chàrboin CHIALLAICH

There is circulated Report No. HC/12/14 dated 17 June 2014 by the Head of Policy and Reform which provides an update on the Carbon CLEVER Programme Plan (and in particular the chapters on Economy and Transport) and a number of new and potential projects.

The report also seeks approval for expenditure from the Carbon CLEVER capital allowance.

Members are asked to:-

(i) agree any changes to the draft Economy and Transport chapters and note that the final drafts will be subject to wider consultation with relevant groups;
(ii) note that at the next Council meeting on 4 September, draft chapters on Energy, Land Use and Resources will be presented;
(iii) agree the development of a Carbon CLEVER Community Grant Fund with an allowance of up to £200k from the £1m Carbon CLEVER capital allowance, with the scheme for the Fund to be considered at a future meeting of the Resources Committee;
(iv) agree a financial contribution of £250,000 from the Carbon CLEVER capital programme allocation towards the establishment of a Low Carbon Institute to be located at the UHI Inverness Campus Partnership Facility;
(v) agree a £25,000 contribution from the Carbon CLEVER capital programme allocation to install measures to encourage active travel as part of the Dingwall Office Rationalisation project;
(vi) agree that further work be done to develop a transformational programme of cycling infrastructure improvements across Highland towns and in Inverness to the value of £15m and to draw on a range of funding sources;
(vii) agree that Inverness becomes a companion city of the STEP-UP project and that the Council Leader accepts this opportunity; and
(viii) note that the Highland Community Planning Partnership has responded positively to the Scottish Government’s invitation to become a pilot area for the development of a proposed new Climate Change Leadership Programme.

18.  European Structural Investment Funds Regional Development and Social Fund Programmes Scotland 2014-20
Maoineachadh Eòrpach

There is circulated Report No. HC/13/14 dated 12 June 2014 by the Director of Development and Infrastructure which provides an update on the current state of play regarding the development of the European Regional Development and Social Funds Programmes in Scotland for the 2014-20 programming period.

The report also includes for homologation the Council’s response to the Scottish Government consultation on the two above Funds which closed on 16 June.

Members are asked to:-

(i) note the content of the report and the potential that exists for the Council to gain financially from engaging in the delivery of the Regional Development and Social Fund Programmes;
(ii) request a further update as to the implications of the Council being a lead body in the delivery of these EU Funds; and
(iii) homologate the Council’s response to the recent Scottish Government consultation on these two Funds.

19.  Legacy Plan 2014
Plana Dìleib 2014

There will follow Report No. HC/14/14 by the Director of Education, Culture and Sport.

20.  Local Government Boundary Commission – Review of Councillor Numbers
Coimisean Chrìochan Riaghaltais Ionadail

There is circulated Report No. HC/15/14 dated 17 June 2014 by the Chief Executive which confirms that the Local Government Boundary Commission for Scotland has published its initial proposals for Councillor numbers for each of Scotland’s 32 Councils. For Highland Council, the Commission has proposed that the number of Councillors reduces from 80 to 72.

The Council is asked to note:-

(i) the proposals from the Local Government Boundary Commission and the response from Highland Council; and
(ii) the public consultation process which is currently underway and the opportunity for members of the public and individual Members to make representations on the proposals.

21.  An Comunn Gàidhealach

The Council is advised that a Service Delivery Contract with An Comunn Gàidhealach provides for the Royal National Mod to be held in the Highland area in 2014, 2017 and 2020.

In this regard, the Service Delivery Contract contains the following clause in relation to representation - the Service Provider is required to permit an elected representative from the Purchaser to sit on the Board of the Service Provider’s organisation and participate fully in all discussions and decisions relating to the Royal National Mods taking place in Highland, to provide the elected representative with all relevant Board agendas, papers, reports and minutes, to invite the elected representative to attend and participate in Board-led reviews, evaluations or other appraisals and to invite the elected representative to sit on both the National and Local Organising Committees.

Members are invited to agree that Mr Hamish Fraser should be appointed as the Council representative.

22.  Church Representative – Education, Children and Adult Services Committee
Riochdaire Eaglaise – Comataidh Seirbheisean an Fhoghlaim, na Cloinne agus nan Inbheach

The Council is required, in terms of Section 31 of the Local Government etc (Scotland) Act 1994, to have a minimum of 3 Church representatives on the Education, Children and Adult Services Committee, two of whom are to be appointed on direct nomination (by the Church of Scotland and the Roman Catholic Church) and the third involving discretionary procedures.

In this regard, Dr Alan Fraser has been nominated by the Free Church of Scotland as their new representative to sit on the Committee.

The Council is invited to approve the nomination of Dr Fraser as detailed.

23.  Appointment of Independent Directors to High Life Highland
Cur Stiùirichean an Dreuchd gu High Life na Gàidhealtachd

Members are advised that the High Life Highland Nominations Committee agreed to recommend that Mr Kenneth Nicol and Mr Laurence Young should be re-appointed as Independent Directors of High Life Highland with effect from the Board’s next Annual General Meeting.

The Council is asked to agree the recommendation from the High Life Highland Nominations Committee as detailed.

24.  Proposed Amendment to the Senior Management Structure
Atharrachadh a Thathar a’ Moladh do Structar an Àrd-luchd-stiùiridh

There is circulated Report No. HC/16/14 dated 11 June 2014 by the Chief Executive which proposes a change to the establishment at a senior level for the vacant post of Head of Community and Democratic Engagement.

Members are asked to agree the change to the senior management structure proposed by deleting the post of Head of Community and Democratic Engagement and replacing it with a senior manager post of Community and Democratic Engagement Manager, responsible to the Head of Policy and Reform.

Members are also asked to note that:-

(i) the views of Directors and the Ward Management Team have been taken into account in this proposal and further consultation will take place on the implications for staff whose workload may be affected; and
(ii) the post will be advertised externally with a view to recruitment over the summer.

25.  Recess Powers
Cumhachdan Fosaidh

The Council is invited to agree that, during the recess period, powers should be granted to the Chief Executive, Depute Chief Executive/Director of Corporate Development and Directors, in consultation with the Convener, Leader of the Council, Depute Leader of the Council, relevant Chair and the Leader of the Opposition, to deal with issues arising during that time and that a report should be prepared for the first meeting of the Council or relevant Committee following the period where these powers have been exercised.

26.  Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

Members are asked to note that a list of deeds and other documents executed on behalf of the Council since the meeting held on 8 May 2014 is available in the Members’ Library and on the Council’s Website.

In relation to the agenda and papers circulated for the above Meeting of the Highland Council, please find below Note from the Director of Education, Culture and Sport in connection with Item 14 which it was indicated would follow:-

Schools for the Future Programme

I write to apologise for the lateness of this report and the fact that the previously circulated agenda did not show this as an item to be taken in private.

This situation has come about due to the complexity of negotiations on the projects which has necessitated on-going discussion on the content of the report until today.

Please accept my apologies for this situation.

Hugh Fraser – Director of Education, Culture and Sport

AGENDA ITEM 27

Exclusion of the Public
Às-dùnadh a’ Phobaill

The Council is asked to resolve that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public should be excluded from the meeting for the following item on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 6, 8 and 9 of Part 1 of Schedule 7A of the Act.

AGENDA ITEM 14

Schools for the Future Programme
Sgoiltean na h-Alba airson an Ama ri Teachd

There is circulated to Members only Report No. HC/9/14 dated 18 June 2014 by the Director of Education, Culture and Sport.

The Council is asked to agree the recommendations as detailed in the report.

Yours sincerely

Michelle Morris
Depute Chief Executive/Director of Corporate Development

In relation to the agenda and papers circulated for the above Meeting of the Highland Council, please find attached the following which it was indicated would follow:-

AGENDA ITEM 5

Minutes of Meetings of Committees
Gearr-chunntasan Choinneamhan Chomataidhean

Community Safety, Public Engagement and Equalities Committee, 12 June
Audit & Scrutiny Committee, 19 June

The Gaelic Version of the Gaelic Implementation Group Minute is also circulated for information.

AGENDA ITEM 19

Commonwealth Games Legacy Plan 2014
Plana Dileib 2014

There is circulated Report No. HC/14/14 dated 18 June 2014 by the Director of Education, Culture and Sport which outlines the background to creating a Highland Legacy Plan to fit with the Commonwealth Games and other 2014 events. In this regard, the Council has engaged with High Life Highland to produce the Plan and a draft copy is circulated for comment and consideration.

The Council is asked to agree the basis of the Legacy Grants Fund and the proposal to launch the Plan and the Fund during the forthcoming Queen’s Baton Relay. 

Yours sincerely

Michelle Morris
Depute Chief Executive/Director of Corporate Development

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 26 June 2014 at 10.35 am.

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

Present:

Dr D Alston, Mr R Balfour, Mrs J Barclay, Mr A Baxter, Mr I Brown, Mrs C Caddick, Mrs I Campbell, Miss J Campbell, Mrs H Carmichael, Mr A Christie, Mr B Clark, Dr I Cockburn, Mrs G Coghill, Mrs M Davidson, Mr N Donald, Ms J Douglas, Mr A Duffy, Mr D Fallows, Mr G Farlow, Mr B Fernie, Mr M Finlayson, Mr J Ford, Mr C Fraser, Mr L Fraser, Mr H Fraser, Mr J Gordon, Mr K Gowans, Mr A Graham, Mr J Gray, Mr M Green, Mr R Greene, Mr A Henderson, Mr D Hendry, Mr D Kerr, Mr R Laird, Mr B Lobban, Mr C Macaulay, Mr N MacDonald, Mr J McGillivray, Mrs D Mackay, Mr D Mackay, Mr G MacKenzie, Mr A Mackinnon, Mr T MacLennan, Mr K MacLeod, Mrs B McAllister, Mr D Millar, Mr H Morrison, Ms L Munro, Mr B Murphy, Mr F Parr, Mrs M Paterson, Mr G Phillips, Mr T Prag, Mr M Rattray, Mr M Reiss, Mr I Renwick, Mrs F Robertson, Mr J Rosie, Ms G Ross, Mr G Ross, Mr R Saxon, Dr A Sinclair, Mrs J Slater, Ms M Smith, Ms K Stephen, Mr J Stone, Mr B Thompson, Mrs C Wilson, Mr H Wood

In Attendance:

Chief Executive
Depute Chief Executive & Director of Corporate Development
Director of Education, Culture and Sport
Director of Development & Infrastructure
Director of Care and Learning
Director of Finance
Director of Community Services
Acting Head of Community and Democratic Engagement

Mr J Gray in the Chair

Apologies for absence were intimated on behalf of Mr D Bremner, Mr J Crawford, Mr B Gormley, Mrs L MacDonald, Mr W MacKay, Ms A MacLean, Mrs I McCallum, Mr A Rhind, Mr G Rimell and Mrs G Sinclair.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 3 – Ms J Douglas (non-financial)
Item 7 – Mr C Fraser (non-financial)
Item 15 – Ms G Ross (non-financial), Mr K Gowans (financial)
Item 16 – Mr K Gowans (financial)
Item 17 – Dr D Alston (non-financial), Mr K Gowans (financial)
Item 19 – Ms J Douglas, Mr K Gowans, Mr F Parr (non-financial)
Item 23 – Ms J Douglas, Mr K Gowans, Mr F Parr (non-financial)

Dr D Alston declared a non-financial interest in any items which might arise during discussion in regard to NHS Highland on the grounds of being a Board Member but, in terms of the dispensation granted by the Standards Commission, confirmed that he would remain to participate in discussion.

Also, and in terms of the general dispensation granted by the Standards Commission, Mr D Kerr declared a financial interest in any items which might arise during discussion in regard to Council housing on the grounds of being a Council House tenant.

3. Duke of Edinburgh Award Scheme – Gold Award Presentation
Sgeama Duais Diùc Dhùn Èideann – Toirt Seachad Duais Òir

Declaration of Interest -

Ms J Douglas declared a non-financial interest in this item on the grounds of being a Duke of Edinburgh Award Leader with Girl Guiding but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that her interest did not preclude her from taking part in the discussion.

The Council was advised that, as part of the Duke of Edinburgh Award Scheme, 29 young people from across the Highlands were due to receive their Gold Award in the current year.

In this regard, and following a summary of their achievements, the Convener presented Gold Award badges to the following fifteen recipients who were present at the meeting:

Abby Wilson, Amy Wingate, Andrew Herron, Calum Ross, Christopher Mota, Emily Evans, Joely Nicol, Kirsten Ross, Kirsty Ritson, Kirsty Urquhart, Lauren Logie, Mia Roberts, Rebecca Breau, Rodger Watt, Ryan Moodie

4. Confirmation of Minutes
Daingneachadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 8 May 2014 as contained in the Volume which had been circulated separately - which were APPROVED.

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

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 Volume circulated separately as undernoted:-

Planning, Development and Infrastructure Committee, 14 May
Community Services Committee, 15 May
Education, Children and Adult Services Committee, 21 May
Lochaber Area Committee, 22 May
Caithness and Sutherland Area Committee, 27 May
Resources Committee, 28 May
Gaelic Implementation Group, 29 May
City of Inverness Area Committee , 3 June
Nairn and Badenoch and Strathspey Area Committee, 11 June
Community Safety, Public Engagement and Equalities Committee, 12 June
Audit and Scrutiny Committee, 19 June

The Minutes, having been moved and seconded were, except as undernoted, APPROVED – matters arising having been dealt with as follows :–

Planning, Development and Infrastructure Committee, 14 May

*Starred Item* Item 12: Page 107: Proposed Compulsory Purchase of Land at Nether Lochaber Slip (Corran Ferry)

The Council AGREED to:

(i) resolve to make The Highland Council (Nether Lochaber Slip) Compulsory Purchase Order 2014 to acquire the ground required for the slip as shown in Appendix A to the report;
(ii) authorise the Director of Development and Infrastructure to advertise the Compulsory Purchase Order and take all necessary steps to obtain title; and
(iii) authorise the Director of Development and Infrastructure to undertake negotiations through the District Valuer of any claims for compensation and costs payable to owners and lessees of the ground required.

Education, Children and Adult Services Committee, 21 May

*Starred Item* Item 3: Page 139-140: Draft Highland Local Policing Plan

The Council AGREED that Members’ comments be incorporated in the draft Highland Local Policing Plan 2014-17.

*Starred Item* Item 5: Page 145: Membership of Sub-Committees

The Council AGREED that Ms J Slater should be appointed to the Local Negotiating Committee for Teaching Staff to replace Ms G Ross.

City of Inverness Area Committee, 3 June

Item 19: Page 232: Membership of Outside Bodies – Highland Military Tattoo at Fort George, Management Board

The Council AGREED that the Minute should be amended to reflect that Mr T Prag, rather than Mr F Parr, had voted to appoint Mr R Balfour.

Community Safety, Public Engagement and Equalities Committee, 12 June

*Starred Item* Item 9: Page 6-7: Revision to Community Benefits Policy

The Council APPROVED the revised Highland Council Community Benefit Policy.

Audit and Scrutiny Committee, 19 June

*Starred Item* Item 8: Page 25-26: Review of Financial Regulations

The Council APPROVED the key amendments made to the Financial Regulations as detailed.

6. Customer Services Board
Bòrd Sheirbheisean Luchd-ceannaich

The Council NOTED the Minutes of the Meeting held on 21 May 2014 subject to the following addition - Item 5 High Life Highland – Potential for Partnership - inclusion of Aviemore Service Point in the list of joint Library/Service Point locations.

7. Community Challenge Fund Applications Panel
Pannal Iarrtasan airson na Maoin Dùbhlain Coimhearsnachd

Declaration of Interest -

Mr C Fraser declared a non-financial interest in this item on the grounds of being a Member of Transition Black Isle but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude him from taking part in the discussion.

There had been circulated Note of Recommendations from the Community Challenge Fund Applications Panel – which were APPROVED.

8. Membership of Committees, etc
Ballrachd air Comataidhean, msaa

The Council AGREED the following changes to membership of Committees –

Resources Committee – Mr B Thompson to replace Mr L Fraser
Pensions Committee – Mr B Thompson to replace Mrs C Wilson
Investment Sub Committee – Mr B Thompson to replace Mrs C Wilson

9. Question Time
Àm Ceiste

The following Questions had been received by the Depute Chief Executive/Director of Corporate Development in terms of Standing Order 42 –

(i) Mrs M Davidson

To the Chair of the Resources Committee

“May we have a list of the numbers of members of the public attending the recent budget consultation events?”

The response had been circulated.

In terms of a supplementary question, Mrs Davidson requested that the Chair of the Resources Committee provide a list of the numbers of members of the public attending the recent budget consultation events and circulate this to all Members.

In response, the Chair of the Resources Committee confirmed that this would be provided and that, subsequent to the written response circulated to the Council, there had been a further 106 members of the public who had attended budget forums – 70 in Skye, 30 in Caol and 6 in Glenurquhart.

(ii) Mrs M Davidson

To the Chair of the Planning, Development & Infrastructure Committee

“There is a newly forming group that is to help the First Minister deliver 1 million acres of land in community ownership by 2020. Will Highland Council invite them to Highland for us to give evidence and ideas? In addition, the setting up of a cross party Highland Council group of Members and Officers, before meeting the Million Acre group, would be very useful so will you agree to the formation of such a group?”

The response had been circulated.

There was no supplementary question.

(iii) Mrs M Davidson

To the Leader of the Council

“Will Highland Council, in partnership with HIE and Community Broadband Scotland, develop a plan to deliver improved broadband to every home in Highland, in particular to those households where it has proved impossible to date?”

The response had been circulated.

In terms of a supplementary question, Mrs Davidson asked if the Leader of the Council would consider holding a Seminar/Workshop with all Members, Community Broadband Scotland, Highlands & Islands Enterprise and other appropriate representatives to discuss how to achieve coverage across all households and businesses in the Highlands.

In response, the Leader of the Council confirmed that it was helpful to keep broadband in the public’s awareness and right to concentrate on those people who would still have to make up the gaps in provision. Discussions had been taking place on how to progress opportunities within the Great Glen Initiative and other fora across the Council and there were plans to bring forward further discussions with British Telecom and Community Broadband Scotland, as well as other third party agencies. The Council shared the ambition to get the best coverage for the Highlands and recognised that identifying “not spots” would be a priority in targeting facilities. Discussions on how to take forward a Seminar would be undertaken and it would be important to discuss what information would be required and who should be involved.

Decision

The Council NOTED the position.

10. Notice of Motion
Brath Glusaid

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

i. Notice of Motion

“The Highland Council fully supports efforts to increase breastfeeding levels in Highland after recently released statistics show that the figure for new born babies exclusively breastfed at 6-8 weeks sits at a disappointing 28.9%. The Council aims to meet the national target of 34.8% and realises that to do this new ways of working have to be looked at, including measures to make breastfeeding more acceptable in public, to encourage business to welcome and promote the practice and to normalise it in society. The Council further acknowledges the immense health benefits to both mother and child and commits to working with all partners to identify and resolve the current issues”.

Signed: Mr D Hendry, Ms G Ross, Dr D Alston, Mrs D MacKay

During discussion, Members raised the following issues:-

• the health benefits for both mothers and infants as a result of breastfeeding had been well documented and it was imperative that women who were willing and able to breastfeed were supported and encouraged in this regard;
• changing attitudes towards breastfeeding in public and creating an atmosphere of normality could be achieved by improving facilities in businesses, shops and organisations;
• many mothers chose not to breastfeed because they felt unsupported by health care professionals, had no family or peer role model, suffered from low confidence to feed in public and felt that there was too much pressure to breastfeed;
• although midwifery and support for breastfeeding was the responsibility of the NHS, the whole of the Community Planning Partnership had shared concerns and as such accepted that this was a cultural issue and a problem for all organisations. In this respect, the Partnership had made a commitment to consider practical steps for which greater emphasis on partnership working would be important and, in particular, the work undertaken by Community Planning Partners to roll out a sticker scheme to promote Council facilities as breastfeeding friendly should be built on;
• the Council could assist by making breastfeeding training mandatory for both its staff and those of partner agencies who came into contact with parents or expectant mothers;
• the “Roots of Empathy” classroom-based social and emotional programme for primary school children had presented breastfeeding as a norm and it was hoped that there could be greater uptake from nursery and primary schools of the resource available on GLOW;
• the Council should actively support the roll-out of the Breast Feeding Resource Pack to all schools and train teachers to be confident in using it;
• at a Government level, specific resources were needed rather than being directed more widely at maternal and infant nutrition;
• on discharge from Raigmore Hospital, breastfeeding rates had been recorded at 50% but this rate dropped thereafter. In comparison, in New Zealand the breastfeeding rate was 90% which represented not only a cultural difference but also the result of increased resources being made available;
• the provision of additional funding of £50-60k to the NHS Infant Nutrition Adviser would increase the support to new mothers and enable work to be undertaken with them to encourage breastfeeding from the very beginning which was a critical timeframe when attitudes and behaviours changed.; and
• the statistics in the Notice of Motion should be corrected as the NHS target was actually 36% and the national target was 33.3% and whilst these were woefully inadequate it was essential to strive to achieve them.

Decision

The Council AGREED the terms of the Notice of Motion as detailed, subject to the following additions:

(a) to work with Community Planning Partners to identify funding for extra infant feeding support workers who would support the roll-out of peer supporters in communities;
(b) to ensure that all Highland Council buildings were visibly and pro-actively breast-feeding friendly and survey breastfeeding mothers to ensure that the buildings were fit for purpose and supported Community Planning Partnerships aims;
(c) to encourage the support and roll-out of the Health and Wellbeing Breast Feeding Resource Pack through schools and to support the training of teachers and children to ensure the effective and consistent roll-out across Highland; and
(d) to monitor and evaluate across the Community Planning partners to ensure that we maintain positive improvement, not just in breastfeeding statistics and figures but in attitudes as well.

ii. Notice of Motion

“The Highlands are a safe place and we are proud of its tradition of community policing. We do not believe that the introduction of Armed Response Units, in which Officer routinely carry side arms (rather than having them stored in secure cabinets in vehicles for use when needed), is appropriate for the Highlands.

We therefore call on Police Scotland to change its policy and, if necessary, seek changes in the regulations governing a Standing Authority to carry arms in order to make this possible”.

Signed: Dr D Alston, Ms K Stephen, Mr R Laird, Mrs D MacKay, Mr M Reiss, Mr B Lobban

During discussion, Members raised the following issues:-

• whilst it was acknowledged that it was appropriate for Police Officers to be properly trained and armed to attend high risk incidents, it was not considered that this was necessary for day to day policing activity across the Highlands;
• it was recognised that this had been an operational decision made by the Chief Constable but it was disappointing that such a fundamental change in policing had not been openly debated or the subject of consultation before implementation;
• it had always been the case that Police Officers represented rescue or re-assurance but the carrying of weapons threatened to change these perceptions, particularly in terms of community relations, and could serve to undermine public trust which would be regrettable for all concerned;
• carrying weapons to routine or minor incidents could put Police Officers at risk of the escalation of criminal behaviour and result in very different outcomes;
• it was hoped that, in the light of widespread concerns, Police Scotland would re-consider and re-examine the risks associated with this change in policing;
• it was considered that the risks of accidental discharge of weapons had not been fully assessed and this could lead to fatalities in the worst case scenarios;
• this change in policing was inappropriate for the Highland area and also at a national level;
• further information in relation to the deployment of weapons, and specifically the timescales involved, were required;
• an ‘awareness event’ would be held at Police Headquarters on 1 July and it was suggested that this might provide some re-assurance, particularly in terms of the procedures which had been put in place to control the use of weapons and the training of Officers in this regard;
• the routine arming of Police Officers conveyed a negative message to tourists and young people in regard to the nature of Highland life and society; and
• it was considered that the Notice of Motion should be amended slightly to ask Police Scotland to review (as opposed to change) its policy in an attempt to find a more acceptable way forward.

Thereafter, Dr D Alston, seconded by Mr B Lobban, MOVED the terms of the Notice of Motion as detailed, subject to inclusion of the suggested change of calling for a ‘review’ (as opposed to a ‘change’) of policy.

As an AMENDMENT, Mr A Duffy, seconded by Ms M Smith, moved that the Council should express its confidence in the judgement of the Police Chief Superintendent to arm officers in Highland and understand that they were well trained and would only use fire arms in an attempt to protect themselves and more importantly the public.

On a vote being taken, the MOTION received 59 votes and the AMENDMENT received 9 votes, with 1 abstention, and the MOTION was therefore CARRIED, the votes having been cast as follows –

For the Motion:

Alston, D; Balfour, R; Barclay, J; Brown, I; Caddick, C; Campbell, I; Campbell, J; Carmichael, H; Christie, A; Coghill, G; Davidson, M; Donald, N; Douglas, J; Fallows, D; Farlow, G; Fernie, B; Finlayson, M; Ford, J; Fraser, C; Fraser, H; Fraser, L; Gordon, J; Gowans, K; Graham, A; Gray, J; Green, M; Greene, R; Henderson, A; Hendry, D; Laird, R; Lobban, B; MacDonald, N; Mackay, D (Ward 2); Mackay, D (Ward 5); MacKenzie, G; Mackinnon, A; MacLennan, T; MacLeod, K; McAllister, E; McGillivray, J; Millar, D; Morrison, H; Munro, L; Murphy, B; Parr, F; Paterson, M; Phillips, G; Prag, T; Rattray, M; Reiss, M; Rosie, J; Ross, G (Ward l4); Saxon, R; Sinclair, A; Stephen, K; Stone, J; Thompson, B; Wilson, C; Wood, H

For the Amendment:

Baxter, A; Clark, B; Cockburn, I; Duffy, A; Kerr, D; Renwick, I; Ross, G (Ward 3); Slater, J; Smith, M

Abstension – Macaulay, C

Decision

The Council AGREED the terms of the Notice of Motion as below:-

“The Highlands are a safe place and we are proud of its tradition of community policing. We do not believe that the introduction of Armed Response Units, in which Officer routinely carry side arms (rather than having them stored in secure cabinets in vehicles for use when needed), is appropriate for the Highlands.

We therefore call on Police Scotland to review its policy and, if necessary, seek changes in the regulations governing a Standing Authority to carry arms in order to make this possible”.

11.  Statement of Accounts for the Year to 31 March 2014
Aithris Chunntasan Neo-sgrùdaichte airson na Bliadhna gu 31 Màrt 2014

There had been circulated Report No. HC/6/14 dated 17 June 2014 by the Director of Finance which presented the Statement of Accounts for the year to 31 March 2014 for the Highland Council, Highland Charities Trust, Highland Council Charitable Trusts and the Highland Council Pension Fund and requested consideration of the allocation of surplus balances from the General Fund.

In this regard, it was noted that the Statement of Accounts for 2013/14 would be presented to Audit Scotland by the prescribed date of 30 June 2014 and were available in the Members’ Library and on the Council Website for information. It was also noted that the overall General Fund Surplus was currently £2.498m.

During a summary of the report, and in relation to Council Budget Out-turns, it was confirmed that near final Corporate Monitoring Statements for both Capital and Revenue had been presented to the Resources Committee on 28 May and detailed out-turn statements explaining Service variances would be presented to the next round of Strategic Committees. In this regard, Section 3 of the Statement of Accounts provided information on financial performance for the year and presented the position on earmarked and non-earmarked balances as at 31 March 2014.

In terms of the use of Reserves and Balances, it was confirmed that the Council, at the meeting on 13 March 2014, had agreed a new reserves strategy of retaining 2.5% of the Net Revenue Budget as a contingency. Also, the overall General Fund Surplus, when combined with transfers to and from Service Budgets, had produced a non-earmarked balance of £17.182m. The non-earmarked balance was £2.75m higher than anticipated and there were therefore additional resources available to address some immediate spending pressures but particularly to provide an opportunity to effect Revenue Budget savings and accelerate the pace of change.

Specific and detailed proposals were also highlighted in relation to spending on Road Maintenance, Winter Maintenance and the Strategic Change and Development Fund.

During discussion, Members raised the following issues:-

• thanks should be conveyed to the staff within the Finance Service for the considerable amount of work which had been undertaken in terms of the production of the Statement of Accounts as presented;
• in regard to Road Maintenance, there was a need for flexibility in terms of expenditure on surface dressing to allow this to be undertaken whenever necessary (and not just by the end of August as had been indicated in the report);
• there was a need for further clarity on the Winter Maintenance Reserve Fund, particularly in terms of what this could be used for and whether it could be carried forward if not spent within a specified period; and
• the proposal to add £1.01m of balances to the Strategic Change and Development Fund to provide resources to meet the cost of structural change was welcomed.

Decision

The Council:-

(i) AGREED the Unaudited Accounts for the Highland Council, Highland Charities Trust, Highland Council Charitable Trusts and the Highland Council Pension Fund for the year ended 31 March 2014 and noted that they would be presented to the Controller of Audit by the prescribed date of 30 June 2014;
(ii) NOTED that detailed explanations would be presented to Strategic Committees with regard to the year-end variances from Service budgets; and
(iii) APPROVED the allocation of surplus funds of £2.75m as follows – Roads Maintenance (£0.74m), Winter Maintenance Fund (£1m) and Strategic Change and Development Fund (£1.01m).

12.  Revenue Budget Planning:
2015/16 Budget Update and Long Term Financial Planning
Buidseat Teachd-a-steach 2015-16 – Fios às Ùr

There had been circulated Report No. HC/7/14 dated 16 June 2014 by the Director of Finance which provided an update on progress in relation to planning the Revenue Budget for 2015/16 and the Council’s longer term financial planning for years 2016/17 to 2018/19.

During a summary of the report, and in regard to the Financial Settlement for 2015/16, it was confirmed that, since the Council meeting on 13 March, CoSLA and the Scottish Government had agreed to the uprating of all needs-based indicators for the 2015/16 settlement with the impact for Highland Council being a reduction in funding of £1.016m and a consequential increase in the overall budget gap to £63.7m.

In terms of the budget process, the Executive Leadership Team within the Council had been reviewing options for savings which could be generated by transforming the way in which services were currently provided and a further corporate efficiency programme and this work had focused around the themes of Process Improvement and Modernisation, Bringing Things Together, Income Generation, Working with Community Groups, Working with Public and/or Private Partners, Waste Disposal and Procurement.

In addition, Services had been asked to consider options for the delivery of 4% savings over the years 2015-19 with an instruction to “front load” savings so that a higher proportion could be delivered in 2015/16.

An initial series of budget consultation meetings across the Highlands had also just been concluded in line with the launch of a Budget Blog and the feedback from this consultation was currently being analysed and would inform the consideration of budget options.

In this regard, Appendix 1 to the report highlighted the breakdown of the current forecast Revenue Budget for 2015/16 to 2018/19 and took account of the change in the expected level of grant.

During discussion, Members raised the following issues:-

• in terms of rural implications arising from budget proposals, there was a need for liaison with Community Planning partners in the first instance wherever possible in order to prevent problems which might arise from the cumulative impact of changes across a range of organisations, specifically for smaller communities;
• in terms of Council Tax, there was a need for further clarity on whether the figures which had been used had been based on an assumption that collection rates would increase or that the current Council Tax freeze arrangements and the funding provided by the Scottish Government were likely to end which would result in a possible Council Tax increase during that period;
• there was a need for further work to be undertaken in terms of option appraisal of specific projects and proposals in future in light of the current budgetary situation which was being faced by the Council; and
• the budget consultation meetings had provided the opportunity to convey to the general public that the Council was not going to be able to provide services as it had in the past due to the current economic situation but that new ways would be sought through transformational change to provide such services differently in future and this had been welcomed.

Decision

Members NOTED:-

(a) the implications of the anticipated change to the Council’s grant allocation for 2015/16; and
(b) action taken to date and further work to achieve a balanced budget for 2015/16 and to close the funding gap for the subsequent three years.

13.  Annual Efficiency Statement 2013/14
Aithris Èifeachdais Bhliadhnail 2013/14

There had been circulated Report No. HC/8/14 dated 10 June 2014 by the Director of Finance which set out the Council’s Annual Efficiency Statement (AES) for 2013/14.

During a summary of the report, it was confirmed that the Annual Efficiency Statement included efficiency savings of £7.921m which were in line with the Council’s estimated target. Whilst no cash target had been set on a per-Authority basis, the Council’s estimated target based on 3% efficiencies was £7.9m. This assumed target excluded £2.5m which was the target which could be attributed to adult care services. In this regard, and following the integration of care services with NHS Highland, it was expected that NHS Highland would be responsible for identifying and reporting on efficiencies achieved from that budget.

During discussion with regard to the target of £2.5m which had been attributed to Adult Care Services, it was confirmed that the governance around this issue was still being considered, particularly in terms of linking financial monitoring with outcome measures, and this would be progressed with NHS Highland as work progressed in this regard.

Decision

The Council AGREED the Annual Efficiency Statement for 2013/14 as detailed.

14.  Scotland’s Schools for the Future
Sgoiltean na h-Alba airson an Ama ri Teachd

It was AGREED to consider this item in private at the end of the meeting (Item 28 refers).

15.  Highland Economic Update
Suidheachadh Eaconamach Làithreach

Declaration of Interest –

Ms G Ross declared a non-financial interest in this item on the grounds of being a Board Member of North Highland College but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion.

Mr K Gowans declared a financial interest in this item on the grounds of being an employee of Inverness College and left the Chamber during discussion of the item.

There had been circulated Report No. HC/10/14 dated 16 June 2014 by the Director of Development and Infrastructure which provided an update on the Highland economy and a brief sectoral overview and concluded that there was good reason to be positive about the future prospects of the Highland economy.

During a summary of the report, it was confirmed that growth of 2.4% had been predicted for the Scottish economy in 2014 and this, together with growing employment, positive sectoral developments and increasing business confidence, indicated that the Scottish and Highland economies were on the path to economic recovery. Also, in a report to the Highland Economic Forum in May, Highlands & Islands Enterprise had advised that 58% of businesses had reported improved performance (up 20% over the past 18 months), 93% were optimistic about the future (up 23% since 2012) and 91% were anticipating further growth (up 17% since 2012). In addition, unemployment across Highland had continued to reduce and the Council had been active in addressing youth unemployment through a range of direct and indirect measures.

In terms of creating the conditions for growth and jobs, it was noted that connectivity was vital if Highland was to be a globally competitive region and in this regard information was provided within the report on the current position with regard to superfast broadband and transport, as well as an overview of the seven sectors of the economy which had been identified as offering particular growth potential, namely energy, life sciences, food and drink, creative industries, sustainable tourism, financial and business services and universities.

However, whilst there were good reasons to be optimistic for the future, it was advised that challenges remained for many parts of the Highlands and it was therefore essential that efforts continued to support growth but at the same time action was taken wherever possible to ensure that all parts of the area benefited from it. This included fragile areas where the primary sector remained key and areas of multiple deprivation where skills initiatives and employability were fundamental.

During discussion, Members raised the following issues:-

• the underlying sense of confidence in the area was welcomed although it was important to continue to address the challenges which been identified in the report;
• in terms of transport and connectivity, there was a need to highlight the benefits of (as opposed to talking down) the improvements which had been achieved for the area;
• in terms of the reported reduction in unemployment across the Highland area, there was a need to recognise that many people were in fact in part-time, seasonal or temporary/flexible jobs (with a subsequent impact on income) and it would be helpful if the effect of this situation could be reflected in future indicators/reports;
• there was a need for more information on the current position in regard to continued and planned investment at the region’s ports, including Kishorn;
• it would be helpful to establish this information on an annual basis, together with figures and percentages on employment/unemployment, in order to be able to enable comparisons to be drawn between consecutive years;
• a breakdown of the Highland economy on a sector by sector basis would also be helpful;
• future reports should take account of health impacts and inequalities, particularly arising from changes in welfare reform and the reduction in the payment of benefits in remote and rural communities;
• there was a need for a strong focus on health and social care, and particularly the current situation in regard to the care sector in the Highlands where it was suggested that workforce planning at a local level should be treated as a priority;
• in relation to the focus in the report on the planned dualling of the A9 and the A96, there should be a similar focus in future reports on the need for the upgrading of the A82;
• there was a need to ensure that the Highlands were being treated appropriately in terms of bank lending, both to businesses and households;
• there was a need for a stronger focus on the transport infrastructure in connection with the Pentland Firth;
• there was a need for further information to be provided on the lobbying being undertaken in regard to transport issues across the Highlands; and
• there were real problems with staffing in terms of care for the elderly services in the Highlands and this had to be addressed as a matter of priority.

Decision

The Council NOTED the positive developments and opportunities available to businesses and individuals across the region as detailed in the report.

16. Highland Science Academy - Update
Acadamaidh Saidheans

Declaration of Interest –

Mr K Gowans declared a financial interest in this item on the grounds of being an employee of Inverness College and left the Chamber during discussion of the item.

18.  European Structural Investment Funds 
Regional Development and Social Fund Programmes Scotland 2014-20
Maoineachadh Eòrpach

There had been circulated Report No. HC/13/14 dated 12 June 2014 by the Director of Development and Infrastructure which provided an update on the current state of play regarding the development of the European Regional Development and Social Funds Programmes in Scotland for the 2014-20 programming period. Also included, for homologation, was the response to the Scottish Government consultation on the two Funds which had closed on 16 June.

During a summary of the report, it was confirmed that the Highlands and Islands had been allocated €192m ERDF and ESF for the 2014-20 period. The Council, as part of the Highlands & Islands European Partnership, had sought to ensure that the programmes covering the Transition funds allocated would be developed and delivered within the region and the preferred model for this was an Integrated Territorial Investment. This would provide a means for all the European funds which were relevant to region to be harnessed to develop the region in an integrated manner and to minimise duplication of funding, activity overlap and deliver synergy.

In terms of the Partnership Agreement and Programme Development, the Highlands & Islands European Partnership had sought assurances from the Scottish Government that the regional dimension would not be lost in programme development. In this regard, written assurance had been received from the Deputy First Minister that the Scottish Government was content to accept the principles proposed that the programmes would reflect regional circumstances, be developed and delivered locally, allow funding allocation through a regional decision making body and be delivered by a regional body with clear reporting lines to the Joint Programme Monitoring Committee (on which the Director of Development and Infrastructure would have a place).

To enable the Programmes to be up and running as soon as possible, the Scottish Government wished to submit the Operational Programmes to the European Commission by the end of June (with an expected start date of October) and to this end had launched a ten day consultation period. In this regard, the response from the Council had been attached for homologation as Appendix 2 to the report.

Information on future delivery and the benefits to the Council had also been highlighted within the report.

Decision

The Council:-

(i) NOTED the content of the report and the potential that existed for the Council to gain financially from engaging in the delivery of the Regional Development and Social Fund Programmes;
(ii) AGREED to request a further update as to the implications of the Council being a lead body in the delivery of these EU Funds; and
(iii) AGREED to homologate the response to the recent Scottish Government consultation on the two Funds.

19.  Legacy Plan 2014
Plana Dìleib 2014

Declarations of Interest –

Mr F Parr and Ms J Douglas declared non-financial interests in this item on the grounds of being Directors of High Life Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion.

Mr K Gowans declared a non-financial interest in relation to this item on the grounds of being a Director of High Life Highland and on the basis of a family member being an employee of High Life Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

There had been circulated Report No. HC/14/14 by the Director of Education, Culture and Sport which outlined the background to creating a Highland Legacy Plan to fit with the Commonwealth Games and other 2014 events. In this regard, the Council had engaged with High Life Highland to produce the Plan and a draft copy had been circulated for comment and consideration.

During a summary of the report, it was explained that each Local Authority was expected to prepare a 2014 Legacy Plan highlighting the actions, benefits and opportunities which could be delivered in its area from the different initiatives centred on the Commonwealth Games and other national events taking place in the current year. Arrangements had been put in place to ensure that a co-ordinated approach was taken across all Scottish Local Authorities to base Legacy Plans around the four key themes set by the Scottish Government, namely Active (increasing opportunities to take part in sport and physical activity), Connected (cultural and creative opportunities), Sustainable (environmentally responsible, sustainable communities) and Flourishing (increasing economic growth potential).

The Resources Committee had previously agreed to also create a Games Legacy Fund using £100k of Council balances to which eligible organisations could bid into for assistance with a project which would maintain the legacy of the Commonwealth Games and fit with the Legacy Plan. In this regard, it was suggested that this should be modelled on the recent Highland Culture Fund which had a similar total amount and provided grants of up to £5k per application.

Finally, it was proposed that both the Legacy Plan and the Legacy Grants Fund should be formally launched at one of the events during the visit of the Queen’s Baton Relay to the Highland area in July.

Decision

The Council AGREED:-

(i) the Highland Legacy Plan as circulated;
(ii) the basis of the Legacy Grants Fund; and
(iii) the proposal to launch the Plan and the Fund during the forthcoming Queen’s Baton Relay.

20.  Local Government Boundary Commission – Review of Councillor Numbers
Coimisean Chrìochan Riaghaltais Ionadail

There had been circulated Report No. HC/15/14 dated 17 June 2014 by the Chief Executive which confirmed that the Local Government Boundary Commission for Scotland had now published its initial proposals for Councillor numbers for each of Scotland’s 32 Councils and for Highland Council it had been proposed that the number of Councillors should reduce from 80 to 72. Comments on the proposals had now been invited over a 12 week period and it was noted that this would conclude on 21 August 2014.

It was advised that Senior Elected Members had met with Commission representatives in March and had indicated at that time that they were generally content with the proposed reduction. However, they were keen to see the proposals implemented in such a way that constituents in those Wards in Highland which had high levels of deprivation were not adversely affected by any reduction in representation which would increase the workload for the remaining Councillors and in this regard the response to the Commission at that time had been attached as an Appendix to the report.

Details of the configuration of Wards would be considered at the next stage of the review.

During discussion, Members raised the following issues:-

• it had previously been recognised that this was on-going process which could potentially both reduce the number of Councillors and instigate changes to the current boundaries and it was suggested that greater importance should perhaps be placed on the latter;
• in terms of the recognition that Wards with high levels of deprivation tended to produce a higher workload for Councillors, it was imperative that this was recognised by the Commission in terms of its deliberations on Ward boundaries as failing to do this would effectively be a disservice to those Councillors in such Wards at present;
• there was a need for the Commission to recognise the geography of and travelling distances within the Highlands, particularly for rural Councillors where 14 hour days were not unusual; and
• many constituents across the Highlands supported the proposed reduction in the number of Councillors. 

Decision

Members NOTED:-

(i) the proposals from the Local Government Boundary Commission and the response from Highland Council; and
(ii) the public consultation process which was currently underway and the opportunity for members of the public and individual Members to make representations on the proposals.

21.  An Comunn Gàidhealach

The Council was advised that a Service Delivery Contract with An Comunn Gàidhealach provided for the Royal National Mod to be held in the Highland area in 2014, 2017 and 2020.

In this regard, the Service Delivery Contract contained the following clause in relation to representation - the Service Provider is required to permit an elected representative from the Purchaser to sit on the Board of the Service Provider’s organisation and participate fully in all discussions and decisions relating to the Royal National Mods taking place in Highland, to provide the elected representative with all relevant Board agendas, papers, reports and minutes, to invite the elected representative to attend and participate in Board-led reviews, evaluations or other appraisals and to invite the elected representative to sit on both the National and Local Organising Committees.

Decision

It was AGREED to appoint Mr Hamish Fraser as the Council representative on An Comunn Gaidhealach as detailed.

22.  Church Representative – Education, Children and Adult Services Committee
Riochdaire Eaglaise – Comataidh Seirbheisean an Fhoghlaim, na Cloinne agus nan Inbheach

It was confirmed that the Council was required, in terms of Section 31 of the Local Government etc (Scotland) Act 1994, to have a minimum of 3 Church representatives on the Education, Children and Adult Services Committee, two of whom were to be appointed on direct nomination (by the Church of Scotland and the Roman Catholic Church) and the third involving discretionary procedures.

In this regard, Dr Alan Fraser had been nominated by the Free Church of Scotland as their new representative to sit on the Committee.

Decision

The Council APPROVED the nomination of Dr Alan Fraser as detailed.

23.  Appointment of Independent Directors to High Life Highland
Cur Stiùirichean an Dreuchd gu High Life na Gàidhealtachd

Declarations of Interest –

Mr F Parr and Ms J Douglas declared non-financial interests in this item on the grounds of being Directors of High Life Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion.

Mr K Gowans declared a non-financial interest in relation to this item on the grounds of being a Director of High Life Highland and on the basis of a family member being an employee of High Life Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

The Council was advised that the High Life Highland Nominations Committee had agreed to recommend that Mr Kenneth Nicol and Mr Laurence Young should be re-appointed as Independent Directors of High Life Highland with effect from the Board’s next Annual General Meeting.

Decision

The Council AGREED the recommendation from the High Life Highland Nominations Committee as detailed.

24.  Proposed Amendment to the Senior Management Structure
Atharrachadh a Thathar a’ Moladh do Structar an Àrd-luchd-stiùiridh

There had been circulated Report No. HC/16/14 dated 11 June 2014 by the Chief Executive which proposed a change to the establishment at a senior level for the vacant post of Head of Community and Democratic Engagement.

Decision

The Council AGREED the change to the Senior Management Structure by deleting the post of Head of Community and Democratic Engagement and replacing it with a Senior Manager post of Community and Democratic Engagement Manager, responsible to the Head of Policy and Reform.

It was also NOTED that:-

(i) the views of Directors and the Ward Management Team had been taken into account in this proposal and further consultation would take place on the implications for staff whose workload might be affected; and
(ii) the post would be advertised externally with a view to recruitment over the summer.

25.  Recess Powers
Cumhachdan Fosaidh

It was AGREED that, during the recess period, powers should be granted to the Chief Executive, Depute Chief Executive/Director of Corporate Development and Directors, in consultation with the Convener, Leader of the Council, Depute Leader of the Council, relevant Chair and the Leader of the Opposition, to deal with issues arising during that time and that a report should be prepared for the first meeting of the Council or relevant Committee following the period where these powers had been exercised.

26.  Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

It was NOTED that a list of deeds and other documents executed on behalf of the Council since the meeting held on 8 May 2014 was available in the Members’ Library and on the Council’s Website.

27.  Exclusion of the Public
Às-dùnadh a’ Phobaill

The Council RESOLVED that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public should be excluded from the meeting for the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 6, 8 and 9 of Part 1 of Schedule 7A of the Act.

28.  Schools for the Future Programme
Sgoiltean na h-Alba airson an Ama ri Teachd

There had been circulated to Members only Report No. HC/9/14 dated 18 June 2014 by the Director of Education, Culture and Sport.

Decision

The Council AGREED the recommendations as detailed in the report.

The meeting ended at 3.55 pm.