18 December 2014: Highland Council

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 18 December 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.  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 30 October 2014 as contained in the Volume which has been circulated separately.

4.  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 & Infrastructure Committee, 5 November
Community Services Committee, 6 November
Education, Children and Adult Services Committee, 12 November
Gaelic Implementation Group, 13 November
Pensions Committee, 14 November
Skye, Ross & Cromarty Area Committee, 19 November
Audit & Scrutiny Committee, 20 November
Lochaber Area Committee, 25 November
Resources Committee, 26 November
City of Inverness Area Committee, 2 December
Community Safety, Public Engagement and Equalities Committee, 3 December
Nairn & Badenoch & Strathspey Area Committee, 4 December
Caithness & Sutherland Area Committee, 9 December

5.  Highland and Western Isles Valuation Joint Board
Co-Bhòrd Luachaidh na Gàidhealtachd is nan Eilean Siar

There is circulated for information Minute of Meeting of the Highlands and Western Isles Valuation Joint Board held on 11 September 2014.

6.  Customer Services Board
Bòrd Sheirbheisean Luchd-ceannach

There is circulated for information Minute of Meeting of the Customer Services Board held on 11 November and 16 December 2014.

7.  Community Challenge Fund Applications Panel
Maoin Dùbhlain Coimhearsnachd – Geàrr-chunntas Coinneimh

There are circulated for approval Minutes of Meetings of the Community Challenge Fund Applications Panel held on 22 October and 26 November 2014.

8.  Membership of Strategic Committees, etc
Ballrachd air Comataidhean Ro-innleachdail, msaa

Council Membership -

The Council is advised that the following Members have confirmed that they have formed the Highland Alliance – Mr D Millar, Mr T MacLennan, Mr M Rattray and Mr A Baxter.

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

Independent – 34/SNP – 21/Lib Dem – 12/Labour – 8/Highland Alliance – 4/
Independent Nationalist - 1

The formula in respect of the number of places on Strategic Committee is now 10/6/3/2/1 and revised Committee membership tables will follow for approval.

Leader of the Opposition –

The Council is asked to agree that the role of Leader of the Opposition should be shared by Mrs C Wilson and Ms J Douglas and that appropriate arrangements be put in place to ensure that Members, Officers and Partners understand how the responsibilities of the role are to be split and that the necessary practical arrangements are put in place to ensure no impact on political balance and representation and the proper conduct of Council business.

In this regard, it is confirmed that there are no implications for the Council in terms of remuneration for the post.

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 –

Mr D Millar

To the Leader of the Council

“Post Offices on Skye are being threatened with being downgraded by Post Office Ltd which will have serious implications to the viability of all Offices but especially small rural ones as the Postmasters are being faced with substantial reductions to their core funding and loss of services if they are forced to become for example a Post Office local instead of a Community Office.

As I am sure this is also happening in all part of Highland, will the Council Leader lead a campaign on behalf of the Council to protect Post Offices and maintain the services that they presently provide to communities and write immediately to Post Office Ltd asking for a meeting to discuss a solution?”

The response is circulated.

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

Ms J Douglas

To the Chair of the Resources Committee

“Can I please have a list of all the annual costs of each Area Committee, including, but not limited to, travel for both Officers and Members, advertising, venue hire, refreshments, webcasting support and the extra £8413 pay enhancement per Area Leader?”

The response is circulated.

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

10.  Notices of Motion
Brathan Gluasaid

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

“The Independent Group believes it is time that Highland Council ends the unsustainable and damaging Council Tax freeze. This has resulted in 7 years of detrimental cuts to frontline services in the Highlands.

We propose that the Highland Council agree to a 5% rise in Council Tax which will mean approximately a £1 per week increase for Band C properties and this income should be used to protect frontline services”.

Signed: Mrs C Wilson Ms J Douglas Mr M Reiss Mrs H Carmichael Mr G Ross Mrs M Paterson Miss J Campbell Mrs I Campbell Dr A Sinclair Mr N Donald Mrs M Davidson Mr B Fernie

“That the Highland Council agrees to replace Councillor Drew Millar as a Director of High Life Highland and therefore terminates his appointment as a Director and, in accordance with the agreed procedures, will seek expressions of interest from all Councillors in filling the vacancy”.

Signed: Dr D Alston Mr A Christie

11.  Revenue Budget and Council Tax 2015/16
Buidseat Teach-a-steach agus Cis Comhairle 2015/16

There is circulated Report No. HC/36/14 dated 9 December 2014 by the Director of Finance which sets out information relating to the Revenue Budget for 2015/16 to allow the Council to formally agree the Revenue Budget and Council Tax for the forthcoming financial year.

In this regard, Booklet A (Summary of Savings Proposals) and Booklet B (Detailed Templates for individual Saving Proposals) are circulated separately.

The Council is asked to:-

(a) agree a Council Tax freeze for 2015/16 with the Council Tax at Band D for the year being £1,163;
(b) agree the savings proposals highlighted in Booklet A;
(c) agree the Revenue Budget for 2015/16 of £570.388m;
(d) agree to accept the Scottish Government settlement package in respect of the Council Tax freeze;
(e) note the initial budget outlook for Years 2016/17, 2017/18 and 2018/19; and
(f) note the reserves and balances strategy as set out in Annex 2 to the report.

12.  Report to Members and the Controller of Audit on the 2013/14 Audit of Highland Council
Aithisg do Bhuill agus do Rianadair an Sgrùdaidh a thaobh Sgrùdadh 2013/14 Chomhairle na Gàidhealtachd

There is circulated Report No. HC/37/14 dated 17 November 2014 by the Director of Finance which introduces the External Audit Report to Members in respect of the Final Accounts for the financial year ended 31 March 2014.

In this regard, the External Audit Report has been circulated separately.

Members are asked to note the External Auditors Report for the year ended 31 March 2014, the completed Action Plan incorporating the Council’s response and the Audited Accounts for the year ended 31 March 2014.

13.  The Port of Nigg Harbour Revision Order 201[X]
Ath-sgrùdadh Caladh Neig

There is circulated Report No. HC/38/14 dated 9 December 2014 by the Director of Development and Infrastructure which advises that Global Energy Nigg Ltd has applied to the Scottish Government for a Harbour Revision Order in respect of the Port of Nigg which would create a second statutory harbour authority within the Cromarty Firth. As a statutory consultee, the Council has the opportunity to submit representations on the Harbour Revision Order.

The Council is asked to:-

i. consider the terms, potential implications of and issues linked to the proposed Port of Nigg;
ii. agree to submit an objection to The Port of Nigg Harbour Revision Order 201[X]; and
iii. facilitate discussions with the Port of Cromarty Firth and Global Energy Nigg Ltd with a view to agreeing joint objectives for securing ongoing sustainable development and enhanced opportunities within the Cromarty Firth.

14.  Highland Armed Forces Community Covenant Update
Cunnradh nan Seann Ghaisgeach

There is circulated Report No. HC/39/14 dated 5 December 2014 by the Head of Policy and Reform which outlines the work carried out by the partners to the Highland Armed Forces Community Covenant in the last twelve months and sets out future priorities.

The Council is asked to welcome the work of the Highland Armed Forces Community Covenant Partnership undertaken to date and endorse the future priorities outlined at Section 4 of the report.

15.  UK Parliamentary General Election – Thursday 7 May 2015
Taghadh Coitcheann Pàrlamaid na RA – Diardaoin 7 Màrt 2015

There is circulated Report No. HC/40/14 dated 5 December 2014 by the Returning Officer which advises of the impact that Election Administration for the forthcoming UK Parliamentary General Election, scheduled to take place on Thursday 7 May 2015, will have on the work of the Council and explains the statutory framework which governs the conduct at this Election.

The Council is asked to agree the terms of the report as circulated.

16.  Election Poster Policy
Postairean Taghaidh

There is circulated Report No. HC/41/14 dated 5 December 2014 by the Director of Community Services which provides the information requested at the last meeting in relation to the policy on the display of Election Posters.

The Council is asked to note the terms of the report as circulated.

17. Appointment - Convention of Scottish Local Authorities - Resources and Capacity Executive Group
Cur an Dreuchd – Co-chruinneachadh Ùghdarrasan Ionadail na h-Alba – Buidheann-gnìomh Stòrasan is Chomasan

Members are advised that issues in relation to the Convention of Scottish Local Authorities (CoSLA) Resources and Capacity Executive Group sit within the remit of the Resources Committee.

The Council is therefore asked to agree that Ms M Smith should replace Mr G Phillips on this Executive Group.

18.  Appointment – Inverness Prison Visiting Committee
Cur an Dreuchd – Comataidh Thadhalan Prìosain Inbhir Nis

Members are advised that Mr C Macaulay has resigned as a member of the Inverness Prison Visiting Committee.

The Council is therefore asked to appoint 1 Member to the Inverness Prison Visiting Committee as detailed.

19.  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 30 October 2014 is available in the Members’ Library and on the Council’s Website.

20.  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 items on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 6, 8 & 9 of Part 1 of Schedule 7A of the Act.

21.  Freedom of the Highlands
Saorsa na Gàidhealtachd

There is circulated to Members only Report No. HC/42/14 dated 11 November 2014 by the Head of Policy and Reform which invites Members to consider conferring the Freedom of Highlands.

The Council is asked to agree the recommendation as detailed.

22.  Town House Works Programme and Refurbishment of 1-5, Church Street, Inverness – Inverness Common Good Fund
Ath-leasachadh 1-5 Sràid na h-Eaglaise

There is circulated to Members only Joint Report No. HC/43/14 dated 19 November 2014 by the Director of Development and Infrastructure, Director of Finance and the Inverness City Manager on the Town House Works Programme and Refurbishment of 1-5 Church Street, Inverness.

The Council is asked to agree the recommendations as detailed.

AGENDA ITEM 4

Minutes of Meetings of Committees 
Gearr-chunntasan Choinneamhan Chomataidhean 

There are circulated the following Minutes of Meetings which it was indicated would follow:-

Community Safety, Public Engagement and Equalities Committee, 3 December
Caithness & Sutherland Area Committee, 9 December 

AGENDA ITEM 11

Revenue Budget and Council Tax 2015/16 – Additional Recommendation
Buidseat Teach-a-steach agus Cis Comhairle 2015/16

Members are advised that the Local Government Finance (Unoccupied Properties) Scotland Bill was passed on 31 October 2012 and provides Councils with the option to levy additional council tax charges, subject to certain conditions, in respect of unoccupied properties. A long term empty property is one that is not a second home and has been unoccupied for over a year. The power to vary the Council Tax by up to 200% does not extend to dwellings that have been continuously unoccupied for less than two years and are actively being marketed for sale or let.

The Council, on 7 February 2013, agreed to introduce Council Tax charges of 100% relating to long term empty properties effective from 1 April 2013. As reported to that meeting, long-term empty domestic properties had previously qualified for a 10% reduction in their council tax charge. A change in legislation meant the Council had the option to increase the charge from 90% up to 200% of the Council Tax due.

In December 2013, the Council noted that no additional income had been assumed for the purpose of setting the 2014/15 budget. However, it was proposed that, in setting the budget for 2015/16, the Council would be asked to consider a proposal to move towards a 200% charge. Records indicate that there are approximately 500 properties that may be affected by this change.

The purpose of this legislation is intended to encourage owners to bring properties back into the housing market. It is therefore proposed that the Council raises the charge on long term empty properties from 1 April 2015 to 200% of the appropriate council tax band for that property. This will generate additional income of £360,000 and is assumed in the budget presented to the Council.

The Council is asked to agree to increase Council Tax on long term empty properties to 200% with effect from 1 April 2015 as detailed.

AGENDA ITEM 6

Customer Services Board
Bord Sheirbheisean Luchd-ceannach

There is circulated Minute of Meeting of the Customer Services Board held on 16 December 2014.

AGENDA ITEM 9

Question Time
Am Ceiste

There is circulated Response to Ms J Douglas which it was indicated would follow.

AGENDA ITEM 8

Membership of Committees, etc
Ballrachd air Comataidhean, msaa

The Council is advised that Mr D Kerr has now confirmed that he has joined the Highland Alliance and in this regard the political make-up of the Council is now as follows -

Independent – 34/SNP – 21/Liberal Democrat - 12/Labour - 8/Highland Alliance - 5

The formula in respect of the number of places on Strategic Committees is now 9/6/3/2/2 and revised Committee membership tables are circulated for approval.

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 18 December 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 D Bremner, 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, 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 B Gormley, 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, Mrs L MacDonald, Mr N MacDonald, Mr J McGillivray, Mrs D Mackay, Mr D Mackay, Mr W MacKay, Mr G MacKenzie, Mr A Mackinnon, Ms A MacLean, Mr T MacLennan, Mr K MacLeod, Mrs B McAllister, Mrs I McCallum, 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, Mr G Rimell, Mr A Rhind, Mrs F Robertson, Mr J Rosie, Ms G Ross, Mr G Ross, Mr R Saxon, Dr A Sinclair, Mrs G 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 Development & Infrastructure Director of Care and Learning
Director of Finance
Director of Community Services
Inverness City Manager

Mr J Gray in the Chair

Apologies for absence were intimated on behalf of Mr J Crawford, Mrs M Davidson and Mr C Macaulay.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 9 – Non-Financial: Dr D Alston and Mr N Donald; Financial: Mr A Baxter
Item 10 – Non-Financial: Mr K Gowans and Mr F Parr; Financial: Mr K Gowans
Item 11 – Non-Financial: Dr D Alston, Mr A Baxter, Mr I Brown, Mrs I Campbell, Miss J Campbell, Mrs H Carmichael, Mr A Christie, Dr I Cockburn, Ms J Douglas, Mr A Duffy, Mr D Fallows, Mr G Farlow, Mr B Fernie, Mr J Ford, Mr H Fraser, Mr B Gormley, Mr K Gowans, Mr A Graham, Mr J Gray, Mr M Green, Mr R Greene, Mr D Kerr, Mr R Laird, Mr B Lobban, Mrs L MacDonald , Mrs D Mackay, Mr W MacKay, Mr G MacKenzie, Ms A MacLean, Mr T MacLennan, Mr K MacLeod, Mrs B McAllister, Mr B Murphy, Mr F Parr, Mrs M Paterson, Mr G Phillips, Mr T Prag, Mr I Renwick, Mrs F Robertson, Mr G Ross, Mr R Saxon, Dr A Sinclair, Mrs G Sinclair, Mrs J Slater, Ms M Smith, Mr J Stone and Mr H Wood; Financial: I Brown, Ms J Douglas, A Duffy, G Farlow, K Gowans, D Kerr, Mr W Mackay, Mr M Reiss and Ms G Ross
Item 13 –Non-Financial: Mr D Hendry, Mr K MacLeod, Mr A Rhind, Mrs F Robertson and Ms K Stephen; Financial: Dr D Alston, Mr A Henderson, Ms A MacLean and Mr M Rattray
Item 21 – Non-Financial: Mr J Ford

3. Confirmation of Minutes
Daingneachadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the Minute of Meeting of the Council held on 30 October 2014 as contained in the Volume which had been circulated separately- which was APPROVED.

4. 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 & Infrastructure Committee, 5 November
• Community Services Committee, 6 November
• Education, Children and Adult Services Committee, 12 November
• Gaelic Implementation Group, 13 November
• Pensions Committee, 14 November
• Skye, Ross & Cromarty Area Committee, 19 November
• Audit& Scrutiny Committee, 20 November
• Lochaber Area Committee, 25 November
• Resources Committee, 26 November
• City of Inverness Area Committee, 2 December
• Community Safety, Public Engagement and Equalities Committee, 3 December
• Nairn& Badenoch & Strathspey Area Committee, 4 December
• Caithness& Sutherland Area Committee, 9 December

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

Lochaber Area Committee, 25 November

Item 4: Page 635: Housing Performance Report: 1 April 2014 to 30 September 2014

AGREED that the Minute should be amended to confirm that Mr B Murphy had left the room during discussion of this item.

City of Inverness Area Committee, 2 December

NOTED that the following *Starred Items* were to be dealt with at Item 22 later in the agenda.

Item 16b: Page 678: Inverness Town House Works Programme, High Street Inverness

AGREED TO RECOMMEND that work be done to:-

i. proceed to contract award for the repairs outlined in Phase 1 at a cost of£1,196,730.27;
ii. proceed to tender for Phases 2 & 3 in years 2015 and 2016 with a total estimated project cost of £4,200,000 for all three phases; and
iii. proceed with third party funding applications with Historic Scotland.

Item 16c: Page 679: Refurbishment of 1-5 Church Street, Inverness

AGREED TO RECOMMEND that work be done to proceed to contract award for refurbishment as outlined in the report at a cost of£1,867,119.

5. Highland and Western Isles Valuation Joint Board
Co-Bhòrd Luachaidh na Gàidhealtachd is nan Eilean Siar

There had been circulated Minute of the Meeting of the Highlands and Western Isles Valuation Joint Board held on 11 September 2014 - which was NOTED.

6. Customer Services Board
Bòrd Sheirbheisean Luchd-ceannach

There had been circulated Minutes of Meetings of the Customer Services Board held on 11 November and 16 December 2014 - which were NOTED.

7. Community Challenge Fund Applications Panel
Maoin Dùbhlain Coimhearsnachd – Geàrr-chunntas Coinneimh

There had been circulated Minutes of Meetings of the Community Challenge Fund Applications Panel held on 22 October and 26 November 2014 -which were APPROVED.

8. Membership of Strategic Committees, etc
Ballrachd air Comataidhean Ro-innleachdail, msaa

Council Membership

It was NOTED that the following Members had confirmed that they had formed the Highland Alliance – Mr D Millar, Mr T MacLennan, Mr M Rattray, Mr A Baxter and Mr D Kerr - and that the political make-up of the Council was now as follows –

Independent–34/SNP – 21/Lib Dem–12/Labour – 8/Highland Alliance – 5

It was also NOTED that the formula in respect of the number of places on Strategic Committees was now 9/6/3/2/2.

In this regard, the Council APPROVED revised Committee membership tables which had been tabled at the meeting.

Leader of the Opposition

The Council AGREED that the role of Leader of the Opposition should be shared by Mrs C Wilson and Ms J Douglas and that appropriate arrangements should be put in place to ensure that Members, Officers and Partners understood how the responsibilities of the role were to be split and that the necessary practical arrangements should be put in place to ensure no impact on political balance and representation and the proper conduct of Council business.

In this regard, it was NOTED that there were no implications for the Council in terms of remuneration for the post.

9. Question Time
Àm Ceiste

Declarations of Interest

Mr A Baxter declared a financial interest in this item on the grounds of being a serving Sub-postmaster and left the room during discussion.

Mr N Donald declared a non-financial interest in this item on the grounds that a Post Office operated from his house 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.

Dr D Alston declared a non-financial interest in this item on the grounds of a close family member being a senior manager of the Post Office Ltd and left the room during discussion.

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

Mr D Millar

To the Leader of the Council

“Post Offices on Skye are being threatened with being downgraded by Post Office Ltd which will have serious implications to the viability of all Offices but especially small rural ones as the Postmasters are being faced with substantial reductions to their core funding and loss of services if they are forced to become for example a Post Office local instead of a Community Office.

As I am sure this is also happening in all part of Highland, will the Council Leader lead a campaign on behalf of the Council to protect Post Offices and maintain the services that they presently provide to communities and write immediately to Post Office Ltd asking for a meeting to discuss a solution?”

The response had been circulated.

In terms of a supplementary question, Mr Millar queried as to whether, given the impending catastrophic situation and the problems facing Postmasters and communities, the Leader of the Council would endeavour to arrange a meeting as early as possible in the New Year with Post Office Ltd to seek a solution to this situation.

In response, the Leader of the Council confirmed that he was happy to take forward this issue and as a matter of urgency would seek to engage with Post Office Ltd.

Ms J Douglas

To the Chair of the Resources Committee

“Can I please have a list of all the annual costs of each Area Committee, including, but not limited to, travel for both Officers and Members, advertising, venue hire, refreshments, webcasting support and the extra £8413 pay enhancement per Area Leader?”

The response had been circulated.

In terms of a supplementary question, Ms Douglas requested assurances that the review of Area Committees would analyse the costs in terms of best value and delivery of appropriate outcomes.

In response, the Chair of the Resources Committeeconfirmed that the review which was underway would encompass all of these issues and would be reported to the Council in March 2015.

Decision

The Council NOTED the position.

10. Notices of Motion
Brathan Gluasaid

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

i. Notice of Motion

“The Independent Group believes it is time that Highland Council ends the unsustainable and damaging Council Tax freeze. This has resulted in 7 years of detrimental cuts to frontline services in the Highlands.

We propose that the Highland Council agree to a 5% rise in Council Tax which will mean approximately a £1 per week increase for Band C properties and this income should be used to protect frontline services”.

Signed: Mrs C Wilson, Ms J Douglas, Mr M Reiss, Mrs H Carmichael, Mr G Ross, Mrs M Paterson, Miss J Campbell, Mrs I Campbell, Dr A Sinclair, Mr N Donald, Mrs M Davidson and Mr B Fernie.

During discussion, Members raised the following issues:-

• in light of the fact that a balanced budget had been recommended for 2015/16, the signatories to this Notice of Motion were now in agreement that it should apply from the financial year 2016/17 onwards;
• there was a need to identify a better way to secure public services without requiring to make successive budget cuts and reductions to services and in this regard a recent poll had indicated that a large percentage of people supported removing the current Council tax freeze;
• increases in the cost of school meals were proposed over each of the next four years which would disproportionately impact on certain sectors of society and it was suggested that removing the Council Tax freeze could enable funding to be made available to alleviate the potential impact of these costs;
• Community Councils had previously voiced concern at the on-going uncertainty regarding cuts to Primary and Secondary School provision and a small increase in Council Tax could help to increase public confidence in this respect and create a more attractive environment for people moving to live and work in the Highlands;
• approximately 19,000 households in Highland already received a Council Tax rebate, with 12,000 receiving a full rebate;
• the Convention of Scottish Local Authorities supported the view that the Council Tax freeze was no longer sustainable;
• it had to be recognised that the Council Tax freeze had been extremely beneficial and had been welcomed by many Highland residents, particularly those on low incomes and subject to other financial pressures;
• the Scottish Government, along with the Convention of Scottish Local Authorities, had now established a Commission to explore and recommend on an alternative model to the current Council Tax and it would therefore be premature for any decision to be taken by the Council at this time;
• a meeting should be sought early in the New Year with the respective Chairs of the Convention of Scottish Local Authorities and the Commission for Local Government to discuss both the Council Tax issue and other local democracy issues;
• the report on ‘Strengthening Local Democracy’ had clearly supported the reinstatement of power to raise local taxation at a local level and it was therefore hoped that by the financial year 2016/17 a fairer local taxation system would be introduced; and
• it was also possible that there might be other alternative local tax raising options which had not yet been evaluated or outlined and it was therefore important to work with the Scottish Government to achieve outcomes which would be beneficial for all concerned.

Thereafter, Ms J Douglas, seconded by Mr M Reiss, MOVEDthe Notice of Motion as detailed – on the basis that this would apply from the financial year 2016/17 onwards.

As an AMENDMENT, Mr D Hendry, seconded by Dr D Alston, moved that the Council should note the establishment of a Commission to review and recommend a new structure and means for financing Local Government and express its views to the Commission that (i) local people should decide on levels of local taxation in relation to the services they wanted (ii) the present method of financing i.e. Council Tax was in need of revision and replacement with a new method (iii) the Council should play a pro-active role in shaping this transition and (iv) any changes to the existing system should be introduced at the end of the existing Council Tax freeze.

On a vote being taken, the MOTIONreceived 31 votes and the AMENDMENTreceived 45 votes, with no abstentions, and the AMENDMENT was therefore CARRIED, the votes having been cast as follows:-

For the Motion:

Balfour, R; Barclay, J; Bremner, D; Campbell, I; Campbell, J; Coghill, G; Donald, N; Douglas, J; Fernie, B; Finlayson, M; Fraser, H; Fraser, L; Gordon, J; Green, M; Greene, R; Henderson, A; Kerr, D; MacKay, W; Mackinnon, A; McCallum, I; McGillivray, J; Morrison, H; Paterson, M; Rattray, M; Reiss, M; Rhind, A; Robertson, F; Ross, G (W14); Sinclair, A; Thompson, B; Wilson, C.

For the Amendment:

Alston, D; Baxter, A; Brown, I; Caddick, C; Christie, A; Clark, B; Cockburn, I; Duffy, A; Fallows, D; Farlow, G; Ford, J; Fraser, C; Gormley, B; Gowans, K; Graham, A; Gray, J; Hendry, D; Laird, R; Lobban, B; MacDonald, L; MacDonald, N; Mackay, D (W2); Mackay, D (W5); MacKenzie, G; MacLean, A; MacLennan, T; MacLeod, K; McAllister, E; Millar, D; Munro, L; Murphy, B; Parr, F; Phillips, G; Prag, T; Renwick, I; Rimell, G; Rosie, J; Ross, G (W3); Saxon, R; Sinclair, G; Slater, J; Smith, M; Stephen, K; Stone, J; Wood, H.

Decision

The Council NOTED the establishment of a Commission to review and recommend a new structure and means for financing Local Government and AGREED to express its views to the Commission that (i) local people should decide on levels of local taxation in relation to the services they wanted (ii) the present method of financing i.e. Council Tax was in need of revision and replacement with a new method (iii) the Council should play a pro-active role in shaping this transition and (iv) any changes to the existing system should be introduced at the end of the existing Council Tax freeze.

ii. Notice of Motion

Declarations of Interest

Mr F Parr and Mr K Gowans declared non-financial interests in this item on the grounds of being Directors of High Life Highland Ltd 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 that his wife was employed by High Life Highland Ltd 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.

“That the Highland Council agrees to replace Councillor Drew Millar as a Director of High Life Highland and therefore terminates his appointment as a Director and, in accordance with the agreed procedures, will seek expressions of interest from all Councillors in filling the vacancy”.

Signed: Dr D Alston Mr A Christie

Dr D Alston, seconded by Mr A Christie,MOVEDapproval of the Notice of Motion as detailed.

As an AMENDMENT, Mr H Fraser, seconded by Mr T MacLennan, moved that Councillor Millar should remain as a Director of High Life Highland until the end of the current Council term.

On a vote being taken, the MOTIONreceived 35 votes and the AMENDMENTreceived 34 votes, with 7 abstentions, and theMOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:

Alston, D; Brown, I; Caddick, C; Christie, A; Clark, B; Cockburn, I; Duffy, A; Fallows, D; Farlow, G; Ford, J; Fraser, C; Gormley, B; Gowans, K; Graham, A; Gray, J; Hendry, D; Laird, R; Lobban B; MacDonald, L; MacDonald, N; Mackay, D (W5); MacKenzie, G; MacLean, A; MacLeod, K; Munro, L; Prag, T; Renwick, I; Rimell, G; Ross, G (W3); Saxon, R; Slater, J; Smith, M; Stephen, K; Stone, J; Wood, H.

For the Amendment:

Balfour, R; Barclay, J; Baxter, A; Bremner, D; Campbell, I; Campbell, J; Carmichael, H; Coghill, G; Donald, N; Fernie, B; Finlayson, M; Fraser, H; Fraser, L; Gordon, J; Green, M; Greene, R; Henderson, A; Kerr, D; Mackay, D (W2); MacKay, W; Mackinnon, A; MacLennan, T; McAllister, E; McGillivray, J; Millar, D; Morrison, H; Paterson, M; Rattray, M; Rhind, A; Robertson, F; Rosie, J; Ross, G (W14); Sinclair, A; Wilson, C.

Abstentions:

Douglas, J; McCallum, I; Murphy, B; Parr, F; Phillips, G; Reiss, M; Thompson, B.

Decision

The Council AGREED to replace Councillor Drew Millar as a Director of High Life Highland and therefore terminate his appointment as a Director and, in accordance with the agreed procedures, to seek expressions of interest from all Councillors in filling the vacancy.

11. Revenue Budget and Council Tax 2015/16
Buidseat Teach-a-steach agus Cis Comhairle 2015/16

Declarations of Interest – As detailed in Appendix 1 to this Minute.

There had been circulated Report No. HC/36/14 dated 9 December 2014 by the Director of Finance which set out information relating to the Revenue Budget for 2015/16 to allow the Council to formally agree the Revenue Budget and Council Tax for the forthcoming financial year.

In this regard, Booklet A (Summary of Savings Proposals) and Booklet B (Detailed Templates for individual Saving Proposals) had been circulated separately.

There had also been circulated further additional report by the Director of Finance which proposed a number of revisions to the recommended Revenue Budget funding for 2015/16, growth pressures and savings. In this respect, it was confirmed that the Local Government Finance (Unoccupied Properties) Scotland Bill, which had been passed on 31 October 2012, provided Councils with the option to levy additional Council Tax charges, subject to certain conditions, in respect of unoccupied properties and the Council was therefore asked to also agree to increase Council Tax on long term empty properties to 200% with effect from 1 April 2015.

Prior to consideration of the item, Members’ attention was drawn to the submission of a Petition from Lochalsh Leisure Centre which incorporated 1210 signatures, together with letters of support from Parent Councils, User Groups and individuals.

Following a summary of the report, the Budget Leader conveyed thanks to all Elected Members and staff who had been involved in the budget process, and also to members of the community for their feedback on the budget proposals. In this regard, it was highlighted that the majority of budget consultation responses had focused on issues in relation to the Care& Learning and Community Services. Other significant issues raised had concerned winter maintenance measures, the funding of arms-length organisations, capital spending on infrastructure, the provision of public conveniences, car parking charges, reductions to Ward Discretionary Budgets and charges for burials, lairs and cremations.

In summarising, the Budget Leader confirmed that she considered this to be a fair and deliverable budget for 2015/16 but acknowledged that there were still significant funding gaps for future years. On this basis, she stressed the importance of agreeing indicative budgets for these years now in order to provide a framework for future planning and proposed that options for other savings and income stream maximisation should also be investigated as a matter of urgency.

There had also been tabled at the meeting a Submission from the Independent Group within the Council which, whilst welcoming many of the recommendations for the 2015/16 budget which incorporated removal or delay of a range of budget savings, proposed the removal of savings amounting to a further £455m in relation to pre-treatment of roads, winter maintenance and charging for Sunday car parking, as well as offering potential compensatory funding proposals in this respect. Also, in terms of the proposed saving measures for 2016/17 and beyond, it was suggested that these should only be determined when further information on the long term implications had been fully researched and discussed and as such the Council should only determine the budget for 2015/16 at this time.

At this point, Ms M Smith, seconded by Dr D Alston, MOVED that the Council should determine the Budget for 2015/16 and also agree the indicative Budget outlook for the years 2016/7, 2017/8 and 2018/9 as recommended within the report.

As an AMENDMENT, Ms J Douglas, seconded by Mr M Reiss, moved that the Council should only determine the Budget for 2015/16 and that work on the Budget for future years should start now.

On a vote being taken, the MOTIONreceived 40 votes and the AMENDMENTreceived 35 votes, with no abstentions, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:

Alston, D; Brown, I; Caddick, C; Christie, A; Clark, B; Cockburn, I; Duffy, A; Fallows, D; Farlow, G; Ford, J; Fraser, C; Gormley, B; Gowans, K; Graham, A; Gray, J; Hendry, D; Laird, R; Lobban 1 B; MacDonald, L; MacDonald, N; Mackay, D (W5); MacKenzie, G; MacLean, A; MacLeod, K; McAllister, E; Munro, L; Murphy, B; Parr, F; Phillips, G; Prag, T; Renwick, I; Rimell, G; Ross, G (W3); Saxon, R; Sinclair, G; Slater, J; Smith, M; Stephen, K; Stone, J; Wood, H.

For the Amendment:

Balfour, R; Barclay, J; Baxter, A; Campbell, I; Campbell, J; Carmichael, H; Coghill, G; Donald, N; Douglas, J; Fernie, B; Finlayson, M; Fraser, H; Fraser, L; Gordon, J; Green, M; Greene, R; Henderson, A; Kerr, D; Mackay, D (W2); MacKay, W; Mackinnon, A; MacLennan, T; McCallum, I; McGillivray, J; Millar, D; Morrison, H; Paterson, M; Rattray, M; Reiss, M; Rhind, A; Robertson, F; Rosie, J; Ross, G (W14); Sinclair, A; Thompson, B.

The Council adjourned for lunch at 1.05pm and resumed at 2.05pm.

Returning to the Submission from the Independent Group, further clarification was provided on the package of proposed compensatory savings for 2015/16, areas of concern from 2016/17 onwards and possible sources of income generation for future exploration. In response, the Budget Leader confirmed that she would be happy to consider the proposed options for income maximisation once the Commercial Manager was in post.

During discussion, Members considered the summary of Savings for 2015/16 – 2018/19 as outlined in Booklet A and received clarification and updates on the following:-

• Chief Executive’s Office (8) - Reduction in Members Budget – this had been increased from £0.02m to £0.035 and options for additional income would be referred to the Audit and Scrutiny Committee;
• Development and Infrastructure (11) - Access and Ranger Services - this had been reduced from £0.091 to £0.043m;
• Community Services (7a, 7b, 7c, 7d) - Increase in Charges for Burials and Cremations- this modest increase was under constant review and would be discussed with the Department of Work and Pensions as part of the work of the Welfare Reform Group (which would report through the Resources Committee);
• Community Services (10) - Housing Support Service Re-Tender – it was explained that there would be scope for review of support provisions through the re-tender of Housing Support Services;
• Community Services (24a and 24b) - Winter Maintenance -in response to requests that this saving be removed, it was confirmed that the proposal was to adhere to agreed policy as the matter had been discussed by the Community Services Committee over recent months. Concerns on the issue would be referred to the Audit and Scrutiny Committee for further analysis; and
• Community Services (36a and 36e) - Introduction of Car Parking Charges on Sundays for all City Centre Car Parks, Rose Street MSCP and Fort William and Weekend Charges for the use of Council HQ car park- it was suggested that these charges should not be imposed and that compensatory savings should be sought as detailed in the tabled paper from the Independent Group. In this regard, it was clarified that including an option to cease the use of External Consultants as part of a compensatory savings package could impact adversely on the Council’s Capital Programme.

At this point, Ms M Smith, seconded by Dr D Alston, MOVED that the Council should agree the recommendations as detailed in the report in relation to Community Services Ref. 24a, 24b and 36a (Winter Maintenance and Car Parking Charges).

As an AMENDMENT, Ms J Douglas, seconded by Mr M Reiss, moved that the budget saving recommendations for Community Services Ref. 24a, 24b and 36a should not be pursued and that the Council should agree a package of compensatory savings as detailed in the tabled report from the Independent Group.

On a vote being taken, the MOTIONreceived 36 votes and the AMENDMENTreceived 27 votes, with two abstentions, and the MOTION was therefore CARRIED-the votes having been cast as follows:-

For the Motion:

Alston, D; Brown, I; Caddick, C; Christie, A; Clark, B; Duffy, A; Fallows, D; Farlow, G; Ford, J; Fraser, C; Gormley, B; Gowans, K; Graham, A; Gray, J; Hendry, D; Laird, R; Lobban, B; MacDonald, L; MacDonald, N; MacKenzie, G; MacLean, A; MacLeod, K; McAllister, E; Munro, L; Murphy, B; Parr, F; Phillips, G; Prag, T; Renwick, I; Rimell, G; Ross, G (W3); Saxon, R; Slater, J; Smith, M; Stephen, K; Stone, J.

For the Amendment:

Balfour, R; Barclay, J; Campbell, J; Carmichael, H; Douglas, J; Fernie, B; Finlayson, M; Fraser, H; Fraser, L; Gordon, J; Green, M; Greene, R; Henderson, A; Kerr, D; MacKay, W; Mackinnon, A; McCallum, I; McGillivray, J; Millar, D; Morrison, H; Paterson, M; Rattray, M; Reiss, M; Rhind, A; Ross, G (W14); Sinclair, A; Thompson, B.

Abstentions:

Baxter, A; MacLennan, T

Further discussion and clarification took place thereafter on the following issues:-

• Community Services (28) - Reduce Payments to Social Enterprises–this saving would now be spread over two financial years: £100,000 for 2015/16 and£50,000 for 2016/17;
• Community Services (33) - Horticulture – clarified that these savings had been deferred for a year to enable other options to be considered, including scope for Social Enterprise;
• Care and Learning (5) - Fostering and Adoption – saving had been reduced from £50,000 to £47,000;
• Care and Learning (12) - Maintenance Budget for Transfer of Residential Properties – further analysis still required on this which explained why the saving was planned for 2016/17;
• Care and Learning (23b and 25) - Cleaning Services –assurances given that this issue would be closely monitored by the Education, Children and Adult Services Committee throughout the year;
• Care and Learning (24) - Increase in School Meals/Catering Prices–assurances given that this would be monitored by the School Meals Stakeholder Group and reported through the Education, Children and Adult Services Committee;
• Care and Learning (27 and 28) - Increase Income fromSchool Lets –confirmed that School lets would be looked at on an individual basis and that this was a saving for 2016/17;
• Care and Learning (34) - Secondary Education - Removal of anyover-entitlement Teaching Posts – confirmed that this would be looked at carefully in liaison with relevant Head Teachers and, where appropriate, specific instances would be referred to Ward Business Meetings;
• Care and Learning (42) - Secondary Education - Reduction of Teaching Staff allocation by 1% - clarified that this saving would be rescheduled as follows: £0.4m for 2016/17 and £0.2m for 2017/18 – with a report submitted to a future meeting of the Education, Children and Adult Services Committee;
• Care and Learning (43) - Secondary Education – Use of Technology to deliver the Curriculum – assurances given that reports covering all aspects would be submitted to the Education, Children and Adult Services Committee;
• Care and Learning (45b) - Inverness Leisure - 4% reduction in funding 2015/16 – requested that, prior to the financial year 2016/17, consideration should be given to other potential savings and the feasibility of amalgamating Inverness Leisure and High Life Highland;
• Care and Learning (48) – Third Party Grants and Payments – the importance to communities of a range of facilities was stressed, particularly the importance of swimming pool facilities to coastal communities, and as such it was welcomed that financial savings had been delayed until 2016/17 on the basis that further assessment of funding criteria would take place;
• Care and Learning (55) - Catering – Food Specification –confirmed that the saving of £123,000 had been removed;
• PI041– Treasury Management – explained that this saving had changed to take account of£59,000 of savings brought forward by the Independent Group; and
• WCG6– Employability – confirmed that there would now be no savings required for 2015/16 due to a contribution from the Strategic Change and Development Fund.

During further discussion, the proposal to increase Council Tax on long term empty properties to 200% with effect from 1 April 2015 was queried on the basis that this might be disadvantageous for people in rural areas. In response, it was explained that this had been built into the budget for 2015/16 and if Members wished not to pursue it, a corresponding saving would require to be found to maintain a balanced budget position for 2015/16.

Decision

The Council:

(a) AGREEDa Council Tax freeze for 2015/16 with the Council Tax at Band D for the year being £1,163;
(b) AGREEDto increase Council Tax on long term empty properties to 200% with effect from 1 April 2015 as detailed;
(c) AGREEDthe Revenue Budget for 2015/16 of£570.938m;
(d) AGREEDto accept the Scottish Government settlement package in respect of the Council Tax freeze;
(e) AGREEDthe indicative budget outlook for Years 2016/17, 2017/18 and 2018/19; and
(f) NOTEDthe reserves and balances strategy as set out in Annex 2 to the report.

12. Report to Members and the Controller of Audit on the 2013/14 Audit of Highland Council
Aithisg do Bhuill agus do Rianadair an Sgrùdaidh a thaobh Sgrùdadh 2013/14 Chomhairle na Gàidhealtachd

There had been circulated Report No. HC/37/14 dated 17 November 2014 by the Director of Finance which introduced the External Audit Report to Members in respect of the Final Accounts for the financial year ended 31 March 2014.

In this regard, the External Audit Report had been circulated separately.

During discussion, Members welcomed the positive report which had been received and extended thanks to the Director of Finance and his team for the considerable work which had been undertaken in this regard.

It was also suggested that further reports should be submitted to Members at an early date on the ‘West Link Road’and ‘Charitable Trusts’ as had been highlighted within the Audit Scotland Action Plan.

Decision

The Council NOTED the External Auditors Report for the year ended 31 March 2014, the completed Action Plan incorporating the Council’s response and the Audited Accounts for the year ended 31 March 2014.

It was also AGREED that further reports should be submitted to Members on the West Link Road and Charitable Trusts at an early date.

13. The Port of Nigg Harbour Revision Order 201[X]
Ath-sgrùdadh Caladh Neig

Declarations of Interest

The undernoted Members all declared non-financial interests in this item 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 D Hendry – Nigg Skills Academy (Council appointee)
Mr K MacLeod – having drawn up the Harbour Revision Order for Mallaig Harbour Authority
Mr A Rhind – involved with a company in the cruise industry in Invergordon related to the Port Authority and also Chair of a group in Tain who had recently received financial support sponsorship from Global
Mr F Robertson – family members employed by Global
Ms K Stephen declared a non-financial interest in this item on the grounds of having a strong family tie with Global and left the room during discussion.

The undernoted Members all declared financial interests in this item and left the room during discussion –

Dr D Alston – having carried out work for the Cromarty Firth Port Authority
Mr A Henderson – Board Member of Mallaig Harbour Authority
Ms A MacLean – close family members employed by Global
Mr M Rattray – employee of Port of Cromarty Firth Services

There had been circulated Report No. HC/38/14 dated 9 December 2014 by the Director of Development and Infrastructure which advised that Global Energy Nigg Ltd had applied to the Scottish Government for a Harbour Revision Order in respect of the Port of Nigg which would create a second statutory harbour authority within the Cromarty Firth.

As a statutory consultee, the Council had the opportunity to submit representations on the Harbour Revision Order.

In this regard, it was suggested that Members should note and accept the position as detailed in the report on the basis that further talks would be undertaken with all parties in the New Year.

Decision

The Council NOTED the terms, potential implications of and issues linked to the proposed Port of Nigg as detailed in the report.

The Council also AGREED to submit an objection to the Port of Nigg Harbour Revision Order 201[X] and to facilitate discussions with the Port of Cromarty Firth and Global Energy Nigg Ltd with a view to agreeing joint objectives for securing ongoing sustainable development and enhanced opportunities within the Cromarty Firth.

14. Highland Armed Forces Community Covenant Update
Cunnradh nan Seann Ghaisgeach

There had been circulated Report No. HC/39/14 dated 5 December 2014 by the Head of Policy and Reform which outlined the work carried out by the partners to the Highland Armed Forces Community Covenant in the last twelve months and set out future priorities.

During discussion, Members raised the following issues:-

• over the past twelve months, considerable activity had been undertaken on issues such as housing, welfare and education and this was warmly welcomed;
• effective cross sector co-operation and partnership working strengthened the links between the Armed Forces and the Highland community and this was beneficial for all concerned;
• the Armed Forces Community Covenant Grant Scheme aimed to financially support projects at a local level and to date there had been eleven Highland applications of which eight had been successful;
• a number of new initiatives were planned for the following year, including the ongoing World War 1 commemorations, and the Partnership would continue to encourage and help communities to deliver appropriate events;
• the Highland Council area was viewed by the military in Scotland as one of the leading Local Authorities in the implementation of the Armed Forces Community Covenant and thanks were conveyed to all participating Partnership members and Council Officers in this regard;
• from December 2014, Councillor Allan Duffy would take the lead as the Highland Council Armed Forces and Veterans’ Champion and thanks were conveyed to Councillor Carolyn Caddick who had taken the lead in this role to date; and
• all Members of the Council were encouraged to become involved in the work of the Partnership wherever possible in conjunction with their respective local communities.

Decision

The Council AGREED to welcome the work of the Highland Armed Forces Community Covenant Partnership undertaken to date and endorse the future priorities outlined at Section 4 of the report.

15. UK Parliamentary General Election –Thursday 7 May 2015
Taghadh Coitcheann Pàrlamaid na RA –Diardaoin 7 Màrt 2015

There had been circulated Report No. HC/40/14 dated 5 December 2014 by the Returning Officer which advised of the impact that Election Administration for the forthcoming UK Parliamentary General Election, scheduled to take place on Thursday 7 May 2015, would have on the work of the Council and explained the statutory framework which governed the conduct at this Election.

Decision

The Council AGREED the terms of the report as circulated. 

16. Election Poster Policy
Postairean Taghaidh

There had been circulated Report No. HC/41/14 dated 5 December 2014 by the Director of Community Services which provided the information requested at the last meeting in relation to the policy on the display of Election Posters.

During discussion, Members raised the following issues:-

• this report had been requested in light of the excessive number of posters which had been displayed during the Pre-Referendum period and in this regard reference was made to West Dunbartonshire Council who had now banned the display of election posters on Council owned property; Highland Council were now one of only eight Scottish Councils who permitted the display of election posters;
• statistics from East Lothian Council had shown that there had been no effect on voter turnout before and after 2009 when election posters had been banned by that Council;
• Transport Scotland had a zero tolerance policy on advertisements on all trunk roads and footpaths within their remit on the basis that they could be a distraction to drivers;
• the display of election posters was only permitted during Pre-Election periods and were taken down quickly thereafter and it was therefore considered that this was not a major problem for the area;
• election posters represented an opportunity for new political parties and candidates to raise their profiles and removing this right could be seen as a form of censorship;
• there was evidence to suggest that election posters had a positive influence on voter turnout and this should be encouraged.

Thereafter, Mrs I McCallum, seconded by Mr L Fraser, MOVED that the policy be changed to prohibit the display of election posters on Council property in future.

As an AMENDMENT, Mr B Gormley, seconded by Mr G Farlow, moved that the Council should continue with the current policy.

On a vote being taken, the MOTION received 21 votes and the AMENDMENT received 36 votes, with two abstentions, and the AMENDMENT was therefore CARRIED, the votes having been cast as follows:-

For the Motion:

Balfour, R; Barclay, J; Campbell, I; Campbell, J; Douglas, J; Finlayson, M; Fraser, H; Fraser, L; Gordon, J; Gray, J; Greene, R; MacDonald, N; MacLean, A; McAllister, E; McCallum, I; Munro, L; Murphy, B; Paterson, M; Rhind, A; Sinclair, A; Stone, J

For the Amendment:

Alston, D; Baxter, A; Brown, I; Caddick, C; Christie, A; Clark, B; Duffy, A; Fallows, D; Farlow, G; Fernie, B; Ford, J; Fraser, C; Gormley, B; Gowans, K; Graham; A; Green, M; Henderson, A; Hendry, D; Kerr, D; Laird, R; Lobban, B; MacDonald, L; Mackay, D (W5); Mackenzie, G; MacLennan, T; MacLeod, K; Parr, F; Phillips, G; Prag, T; Rattray, M; Renwick, I; Rimell, G; Ross, G (W14); Slater, J; Smith, M; Thompson, B

Abstentions:

Reiss, M; Robertson, F

Decision

The Council AGREED to continue with the current policy in relation to the display of Election Posters as detailed.

17. Appointment - Convention of Scottish Local Authorities-Resources and Capacity Executive Group
Cur an Dreuchd – Co-chruinneachadh Ùghdarrasan Ionadail na h-Alba–Buidheann-gnìomh Stòrasan is Chomasan

It was advised that issues in relation to the Convention of Scottish Local Authorities (CoSLA) Resources and Capacity Executive Group sat within the remit of the Resources Committee and it was therefore suggested that Ms M Smith, as Chair of the Resources Committee, should replace Mr G Phillips on this Group.

Decision

The Council AGREED that Ms M Smith, as Chair of the Resources Committee, should be appointed to the CoSLA Resources and Capacity Executive Group as detailed.

18. Appointment – Inverness Prison Visiting Committee
Cur an Dreuchd –Comataidh Thadhalan Prìosain Inbhir Nis

It was advised that Mr C Macaulay had now resigned from the Inverness Prison Visiting Committee. In this regard, the Council was now required to appoint a Member to fill the current vacancy.

Decision

The Council AGREED to appoint Mr L Fraser to the Inverness Prison Visiting Committee as detailed.

19. 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 30 October 2014 was available in the Members’ Library and on the Council’s Website.

20. 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 items on the grounds that they involved the likely disclosure of exempt information as defined in Paragraphs 6, 8 & 9 of Part 1 of Schedule 7A of the Act.

21. Freedom of the Highlands
Saorsa na Gàidhealtachd

Declarations of Interest

Mr J Ford declared a non-financial interest in this item on the grounds of being a veteran of the Royal Air Force 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 to Members only Report No. HC/42/14 dated 11 November 2014 by the Head of Policy and Reform which invited Members to consider conferring the Freedom of Highlands on the Royal Regiment of Scotland.

Decision

The Council AGREED to confer the Freedom of the Highlands on the Royal Regiment of Scotland and noted that a Ceremony in this regard would be held at a later date.

22. Town House Works Programme and Refurbishment of 1-5, Church Street, Inverness – Inverness Common Good Fund
Ath-leasachadh 1-5 Sràid na h-Eaglaise

There had been circulated to Members only Joint Report No. HC/43/14 dated 19 November 2014 by the Director of Development and Infrastructure, Director of Finance and the Inverness City Manager on the Town House Works Programme and Refurbishment of 1-5 Church Street, Inverness (which had been Starred Items from the City of Inverness Area Committee – Item 4 within this Minute refers). .

Decision

The Council AGREED the recommendations from the City of Inverness Area Committee as detailed within the report (and as highlighted at Item 4 within this Minute).

The meeting ended at 5.07pm.

APPENDIX 1

Declarations of Interest – Item 11

The following Members declared Non-Financial interests in relation to Item 11 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 and voting (on the basis that they would leave the room should there be any detailed discussion on the specific item in which they had declared an interest):-

Dr D Alston - Trustee of Cromarty Court House Museum
Mr A Baxter - Director of Ardnamurchan Lighthouse Trust, Director of Nevis Partnership, Board Member West Highland Museum and children attending Lochaber Music School.
Mr I Brown - Director of Highland Opportunity Ltd
Mrs I Campbell - Member of Inverinate Hall Committee and Strathpeffer Pavilion Board
Miss J Campbell - Director of Spectrum Centre Board, Director of Women’s Aid Inverness, Member of Merkinch Community Centre Management Committee and Member of Merkinch Enterprise Management Committee
Mrs H Carmichael - Trustee of Inverness Leisure
Mr A Christie - General Manager of Inverness and Badenoch and Strathspey Citizen’s Advice Bureau, Director of Highlands Small Communities Housing Trust, Director of Highlands and Islands Society for Blind People, Director of Highland 3rdSector Interface and parent of child in a Highland school
Dr I Cockburn - Board Member of Ullapool Museum
Ms J Douglas - Director of High Life Highland Ltd, Director of Inverness Women’s Aid, Member of the Girl Guiding Association of Scotland and an Advisor to the Board of Grantown-on-Spey YMCA
Mr A Duffy - Director of Inverness Leisure and Member of Charleston Academy Community Complex Management Committee
Mr D Fallows - Chair of Highland Opportunity Ltd
Mr G Farlow - Director of North West Sutherland Citizen’s Advice Bureau
Mr B Fernie - Director of Highland Opportunity Ltd, Director of Laurandy Day-Care Centre, Director of Homestart Caithness and Director of HI-Scot Credit Union
Mr J Ford - Director of Highland Opportunity Ltd
Mr H Fraser - Director of Skye and Lochalsh Council for Voluntary Organisations
Mr B Gormley - Council’s Advisor to Lochaber Citizen’s Advice Bureau, Director of Lochaber Housing Association and family member employed in the Care and Learning Service
Mr K Gowans - Director of High Life Highland and Director of Eden Court Theatre
Mr A Graham - President of Inverness Sea Cadets and Member of Charleston Academy Community Complex
Mr J Gray - Board Member of Inverness Leisure
Mr M Green - Board Member of Nairn Citizen’s Advice Bureau and Nairn Community and Arts Centre
Mr R Greene - Board Member of Poolewe Swimming Pool
Mr D Kerr – Board Member of James Cameron Centre Service Review Group, Board Member of Inverness City Heritage Trust and Board Member of Highland Buildings Preservation Trust
Mr R Laird - Chair of Merkinch Partnership, Chair of James Cameron Centre Service Review Group and Director of Spectrum Centre Board of Management
Mr B Lobban - Director of Highland Opportunity Ltd and Advisor to the Board of Grantown-on-Spey Museum
Mrs L MacDonald - Director of Highland Opportunity Ltd and Nairn Community Centre
Mrs D Mackay - Director of Voluntary Groups in Sutherland, Director of East Sutherland Citizen’s Advice Bureau and Director of New Futures Sutherland
Mr W MacKay - Director of Caithness Citizen’s Advice Bureau and Director of Caithness Horizons
Mr G MacKenzie - Board Member of Puffin Pool, Dingwall and Strathpeffer Pavilion Association
Ms A MacLean - Director of Ross-shire Women’s Aid, Board Member of Ross and Cromarty Citizen’s Advice Bureau and family members employed in Highland Schools
Mr T MacLennan - Director of Highland Opportunity Ltd and Chair of Lochaber Care and Repair
Mr K MacLeod - Director of Highland Buildings Preservation Trust and Merkinch Enterprise
Mrs B McAllister - Vice-Chair of Inverness Area Sports Council and Board Member of Dalneigh Community Centre Management, Spectrum Community Centre and the Cameron Centre
Mr B Murphy - Board Member of Lochaber Housing Association and Lochaber Care and Repair
Mr F Parr - Director of High Life Highland Ltd
Mrs M Paterson - Member of the Board of the Puffin Pool, the Highland Football Academy and Blas
Mr G Phillips - Director of East Sutherland Citizen’s Advice Bureau
Mr T Prag - Vice Chair of Highland Opportunity Ltd and Member of Eden Court Theatre Board
Mr I Renwick - Director of Portree Citizens Advice Bureau
Mrs F Robertson - parent of child at Tain Royal Academy and Vice-Chair of Tain Royal Academy Parent Council
Mr G Ross - Member of Charleston Academy Community Complex Management Committee, James Cameron Centre Service Review Group, Highland Football Academy Board and Treasurer of Highland Disability Sport
Mr R Saxon - Chairman of Homeaid Caithness and Sutherland, Chairman of Thurso Youth Club and Director of Eden Court
Dr A Sinclair - Member of Management Board of Lochalsh and Skye Housing Association and Chair of Kyle Village Hall
Mrs G Sinclair - Chair of Inverness Women’s Aid
Mrs J Slater - Director of Eden Court Theatre
Ms M Smith - Director and Company Secretary of Albyn Housing Society and Director of Gateway Highland Homeless Trust
Mr J Stone – Director of Highland Opportunity Ltd
Mr H Wood - Director of Inverness Leisure and family member employed by High Life Highland

The following Members declared Financial Interests in relation to Item 11 and confirmed that if there was any specific discussion in relation to specific lines within the budget proposals on the following issues (in which they had either a personal or family connection) they would leave the room:-

I Brown – Employee of NHS Highland
Ms J Douglas – Children in receipt of school meals and holding of school let through the Girl Guiding Association
A Duffy – Council House tenant
G Farlow – Council House tenant
K Gowans – Family member employed by High Life Highland
D Kerr - Council House tenant
Mr W Mackay – Family member employed by High Life Highland
Mr M Reiss – Children in receipt of school meals
Ms G Ross – Family member employed by the Care and Learning Service