12 March 2015: Highland Council

Agenda

Read the Agenda

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 12 March 2015 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. Membership of the Council
Ballrachd na Comhairle

The Council is advised that Mr Colin Macaulay has tendered his resignation as a Member of the Council with effect from 15 March 2015.

In this regard, a By-Election for Ward 19 (Nairn) has now been arranged and will be held on 7 May 2015.

4. Presentation– New Start Highland
Taisbeanadh– New Start Highland

A Presentation will be undertaken at the meeting on the work of New Start Highland by the Chief Executive, Mr James Dunbar.

Please note that this Presentation will commence at 1.45pm.

5. Confirmation of Minutes
Daingneachadh a’ Gheàrr-chunntais

There are submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 18 December 2014 as contained in the Volume which has been circulated separately.

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

There are submitted for confirmation as correct records, for information as regards delegated business and for approval as appropriate, the Minutes of Meetings of Committees contained in Volume circulated separately as undernoted:-

Notice of Amendment– Corran Ferry
Brath Atharrachaidh – Aiseag a’ Chorrain

With reference to the Minutes of Meeting of the Community Services Committee of 5 February 2015 as contained in the Volume and circulated separately, the following Notice of Amendment has been received in accordance with Standing Order 10.3 –

“We, the undersigned, wish to challenge the Community Services Committee decision to defer any decision on Corran Ferry fare levels to the Highland Council meeting on 12 March 2015 to enable Officers to –

prepare a full business plan for the next five years, including an assessment of potential savings in operational costs and the impact this would have on passengers;
bring forward options for the long-term sustainability of the ferry service and a plan for the assessment of alternative fixed crossing options;
obtain independent legal opinion on the risk to Highland Council of breaking State Aid rules, the potential liability to the Council for breach of these rules and options for presenting a robust case that these rules should not apply to this lifeline service; and
carry out an assessment that the Council is complying with all equalities legislation.

We seek to reverse the decision of the Community Services Committee and urge Council to agree the recommendations in the original paper as follows –

agree that the option to transfer the operation of the ferry to Transport Scotland is given no further consideration;
approve a 4% per annum increase in Corran Ferry fares from 1 April 2015;
note that annual increases of 4% are likely to be required for the following two years (2016/17 and 2017/18);
agree that any requirement to consider increases beyond 4% be brought back to the Committee for immediate consideration; and
note the information provided on a long term strategy.

Signed: Mr G MacKenzie Ms M Smith Mr R Laird Ms L Munro Dr D Alston

Mr J Gray Mr D Fallows Mr T Prag

In this connection, there is re-circulated Report No. COM/11/15 dated 26 January 2015 by the Director of Community Services.

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

There are circulated for information Minutes of Meeting of the Valuation Joint Board held on 13 November 2014.

8. Customer Services Board
Bòrd Sheirbheisean Luchd-ceannach

There are circulated for information Minutes of Meeting of the Customer Services Board held on 17 February 2015.

9. Community Challenge Fund Applications Panel
Pannal Iarrtasan Maoin Dùbhlain Choimhearsnachd

There are circulated for approval Minutes of Meeting of the Community Challenge Fund Applications Panel held on 25 February 2015.

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

The Council is advised that Mr D Millar has now been appointed as Leader of the Highland Alliance – with Mr T Maclennan as Depute Leader.

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

Resources Committee – Mrs I McCallum to replace Mr N Donald
Pensions Committee – Mr M Green to replace Mr N Donald

Planning Review Body

The Council is advised that, following the resignation of Mr N Donald, nominations were sought from the Inverness, Nairn, Badenoch and Strathspey area for the vacant place and have been received as follows –

Mr R Balfour, Mr B Lobban

11. 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) Mr A Henderson

To the Leader of the Council

“What communications have Highland Council had with the Scottish Government Transport Minister in the past six months regarding the missing summer link – the Mallaig to Lochboisdale ferry?”

The response is circulated.

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

(ii) Mr A Mackinnon

To the Leader of the Council

“In light of the recent announcement of the Scottish Government to enforce teacher number levels and pupil/teacher ratios on Local Authorities and the acceptance of Highland Council of this stance, there would appear to be uncertainty over £1.68 million of savings that were agreed in December that cannot be taken for 2015/16 because they would negatively impact on teacher numbers. Scottish Government have agreed approx. £460,000 to offset this however there is still a gap in 2015/16 of approx. £1.2 million.

So, can the Leader confirm that, in line with the Highland Council core values of listening, openness, valuing, improving, supporting, partnering and delivering, there will be a clear and transparent debate and decisions in public around how to close this gap for 2015/16. Decisions on such a large budget gap cannot be taken in isolation or private and it is the right of the public to expect transparency over £1 million of alternative savings that will have to be found”.

The response is circulated.

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

(iii) Mrs H Carmichael

To the Leader of the Council

“The role of a Councillor is wide ranging, demanding and time consuming if they are to properly and effectively represent the views and voices of their constituents and also fully play their part in the smooth and efficient running of the business of the Council.

Does the Leader agree that any Councillor who is elected to another office such as MP or MSP or MEP should immediately resign from their Council post to ensure their constituents have equal and effective representation and that the business of the Council continues efficiently?”

The response is circulated.

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

(iv) Mr H Morrison

To the Chair of the Community Services Committee

“During periods of recent snowfall, the hard work of our local staff on the frontline has been hampered by the breakdown of equipment from pavement ploughs to gritter lorries. This has led to delays in clearing snow from our vital local routes and resulting in some places of residents being housebound and unable to venture out of their homes, due to pavements/roads not being treated. The breakdowns appear to be the result of a lack of preparatory work to ensure the vehicles and machinery are winter ready.

Can I please have details of the maintenance schedule in advance of winter, of all relative machinery and plant, details of all breakdowns in the Highland area for December and January, and the time it took to get vehicles/equipment back in service”.

The response is circulated.

Mr Morrison will be entitled to ask a supplementary question which will be answered by the Chair of the Community Services Committee.

(v) Mrs I McCallum

To the Leader of the Council

“Is it not misleading to state that “Carbon Clever projects have spent one million of Capital and brought in two million?”

The response is circulated.

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

(vi) Mrs I McCallum

To the Leader of the Council

“The Smith Commission agreement states that "Responsibility for the management of the Crown Estate's economic assets in Scotland, and the revenue generated from these assets, will be transferred to the Scottish Parliament." It further states that "Following this transfer, responsibility for the management of those assets will be further devolved to local authority areas such as Orkney Shetland, Comhairle nan Eilean Siar or other areas who seek such responsibilities."

Can you confirm that those responsibilities will also be devolved to Highland?”

The response is circulated.

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

(vii) Mrs C Wilson

To the Leader of the Council

“In the light of budget pressures and possible job losses what actions will Highland Council be taking to protect fragile communities and rural jobs in relation to the Council's current Policy on Compulsory Redundancy?”

The response is circulated.

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

(viii) Mr M Reiss

To the Leader of the Council

“The establishment of Police Scotland in April 2013 has resulted in the centralisation of services and now we have widespread and ongoing concerns regarding the routine arming of Police officers, stop and search of minors, the significant loss of data and overall damage to the morale of hard working Highland officers (of all ranks including civilian Police Support Staff). This has created an ebbing of public confidence in the leadership of Police Scotland by the people of the Highlands.

In light of these concerns, will the Leader of Highland Council accept that the decision to relocate call handling for Highland (and the three Island Authorities, the former Grampian Police and Tayside Police areas) from the existing Inverness Control Room to Glasgow and/or Bilston scheduled to be implemented later in 2014 should be reviewed urgently given the crucial nature of this front line emergency service; the risks of geographical errors in emergency call handling and the escalating costs of centralisation including I.T. provision recently graded by the SPA as being at “maximum” for both likelihood and impact. And, will he lobby Scottish Government on behalf of the Highlands for a reversal in the centralisation agenda and bring local policing back”.

The response is circulated.

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

(ix) Mrs I McCallum

To the Chair of the Education, Children and Adult Services Committee

“There are areas within the Public Sector in Highland where it is difficult to recruit staff. In the Council within Education over a number of years there has been a worrying shortage of candidates coming forward for Headteacher Posts in Primary Schools. Would the Chair take a report to this Council exploring why this is the case and hopefully recommend solutions to the situation?”

The response is circulated.

Mrs McCallum will be entitled to ask a supplementary question which will be answered by the Chair of the Education, Children and Adult Services Committee.

(x) Mr M Reiss

To the Chair of the Community Services Committee

“Can I have clarity on how the gap will be filled that was created after the £120,000 pre gritting saving was rightly removed from the 2015/16 budget after a huge public outcry?”

The response is circulated.

Mr Reiss will be entitled to ask a supplementary question which will be answered by the Chair of the Community Services Committee.

(xi) Mrs M Davidson

To the Leader of the Council

“I was pleased to see that Cllr Hendry was meeting with the secretary of State for Scotland to discuss Tugs in the Minch, did he take the opportunity to discuss Highland Council’s Housing debt and the possibility of a scheme such as that agreed for Shetland. Could he also tell us what other meetings or correspondence he has had with UK or Scottish Government in the past 6 months to discuss housing debt?”

The response is circulated.

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

(xii) Mrs M Davidson

To the Chair of the Education, Children and Adult Services Committee

“There have been several sources of new funding to NHS Highland over recent weeks, many of which will be targeted at adult services. Can Cllr Christie give us a full list of those funds plus how much will be allocated to integrated adult services and also how Highland Council intends to improve the public scrutiny and governance of the finance that we delegate to NHS Highland for adult services?”

The response is circulated.

Mrs Davidson will be entitled to ask a supplementary question which will be answered by the Chair of the Education, Children and Adult Services Committee.

12. Notices of Motion
Brathan Gluasaid

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

(i) “This Council congratulates the electricity providers in our area for the prompt and efficient restoration of power to the areas affected by the storms in the period of inclement weather we have had but, considering the cost of carrying out this work and the losses occasioned by commercial enterprises and the general public by that loss of power, urges the electricity providers to consider a planned programme of undergrounding transmission cabling over a sensible period where it is practical to do so”.

Signed: Mr K MacLeod, Mr R Balfour

(ii) The Equalities Act 2010 places a Public Sector Equality Duty on Councils to give due regard to the need to:-

Eliminate unlawful discrimination, harassment and victimisation and other conduct that is prohibited by the Equality Act;
Advance equality of opportunity between people who share a relevant protected characteristic and those who do not; and
Foster good relations between people who share a protected characteristic and those who do not.

Elected Members have a responsibility to ensure that their conduct reflects the requirements of this Duty at all times. The Council therefore agrees that all Members must attend Equalities & Diversity training before the end of 2015 and annually thereafter and that Seminars will be arranged to enable Members to meet this requirement. Completion of the training will be necessary for Members to continue to sit on a Strategic Committee.

Signed: Mr D Hendry, Dr D Alston, Mr J Gray, Mrs C Wilson, Mr D Millar

13. Integration Scheme – Public Bodies (Joint Working)(Scotland) Act 2014
Sgeama Amalachais – Achd Bhuidhnean Poblach (Co-obrachadh) (Alba) 2014

There is circulated Report No. HC/1/15 dated 3 March 2015 by the Chief Executive which introduces the Integration Scheme that is required to meet the new statutory duties in accordance with the Public Bodies (Joint Working)(Scotland) Act 2014.

The Council is asked to agree:-

(i) the draft Integration Scheme, subsequent to any necessary final changes which are delegated to the Chief Executives of Highland Council and NHS Highland; and
(ii) to a review of governance arrangements involving Members from across the Council.

14. Affordable Warmth Campaign for the Highlands & Islands
Iomairt Blàths Neo-chosgail airson na Gàidhealtachd & nan Eilean

There will follow Report No. HC/2/15 by the Director of Community Services.

15. Major Infrastructure Investment - Inverness
Moladh Deagh-chuid Baile

There is circulated Joint Report No. HC/3/15 dated 23 February 2015 by the Director of Development & Infrastructure which outlines for Members information work which has been progressed with the Scottish Futures Trust and Scottish Cities Alliance to investigate new methods of funding which would enable major infrastructure investment to take place in Inverness.

The Council is asked to:-

(i) note the work underway to identify and progress new innovative funding models for major infrastructure investment in Inverness;
(ii) approve a budget of up to £100k from the Strategic Change and Development Fund to progress this work; and
(iii) agree to grant delegated authority to the Chief Executive and Director of Finance in consultation with the Convener, Leader, Deputy Leader and Leader of the Opposition to enter into any agreement to progress a city deal or similar infrastructure agreement, should the opportunity arise, prior to the next Council meeting.

16. Inverness West Link – Scheme Update
Ceangal an Iar Inbhir Nis – Cunntas as Ùr mun Sgeama

There is circulated Joint Report No. HC/4/15 dated 3 March 2015 by the Directors of Finance and Development and Infrastructure and Finance which summarises the progress made on the Inverness West Link since the report to Full Council on 5 September 2013.

The Council is asked to:-

(i) note progress made on the West Link project;
(ii) agree to the costs set out in the report; and
(iii) agree to the continued progress of the West Link Road Scheme.

17. Sports Facilities – Inverness West
Goireas Spòrs – Inbhir Nis an Iar

There is circulated Joint Report No. HC/5/15 dated 3 March 2015 by the Director of Development and Infrastructure which reminds Members that the decision to develop enhanced recreational and sporting facilities in the areas around the Bught and Torvean area of Inverness was made by the Council on 1 March 2012. Since that time a number of projects have been deployed, in tandem with the development of the West Link. The report sets out the context, current position and programmed delivery of enhanced facilities at Torvean Golf Course, Canal Parks and the Torvean Sports Hub/Regional Sports Facility.

The Council is asked to:-

(i) note progress with the development of sports facilities in the west of Inverness;
(ii) approve the ongoing development of the Torvean Golf Course on the basis of the layout and cost set out in Section 2 and Appendix A of the report;
(iii) approve the development of the Canal Parks Enhancement Project on the basis of the layout and cost set out in Section 3 and Appendix B of the report; and
(iv) agree to the continued development of the Regional Sports Facility on the basis of the context and costs set out in Section 4 of the report, recognising that a further report will be considered by the Education, Children and Adult Services Committee in May 2015.

18. Capital Programme Review: 10 year Capital Plan 2014/15 to 2023/24
Ath-sgrùdadh a’ Phrògraim Chalpa: Plana Calpa 10 bliadhna 2014/15 gu 2023/24

There is circulated Report No. HC/6/15 dated 3 March 2015 by the Director of Finance which sets out the funding proposals and an outline long-term General Fund Capital Plan for 10 years from 2014/15 to 2023/24.

Annex 2 of the report, as it refers to individual Services, is circulated separately as Booklet A.

The Council is asked to:-

(i) agree the funding envelope outlined in Annex 3 of the report for a 10 year Capital Plan from 2014/15 to 2022/23 and that the revenue budget will contain an annual uplift of £2.5m for the loan charge budget for the 10 year period;
(ii) agree to incorporate within the Capital Plan the costs agreed at item 16 in respect of the Westlink project;
(iii) agree to incorporate within the Capital Plan the costs agreed at item 17 in respect of Torvean Golf Course and the Canal Parks;
(iv) agree that funding space is retained within the Capital Plan for a Regional Sports Facility and a Cultural hub, subject to the decision at item 17;
(v) note the discussions surrounding a potential“City Deal” and the need to re-assess planning assumptions should an award be made to Inverness;
(vi) note the outline detailed capital plan attached at Annex 2 of the report. This outline detailed plan demonstrates that the priorities of the Council can be funded. The plan will be the subject of further review by Members and will be presented for approval to a future meeting of the Council. Any additions to the outline plan will require outline business cases if not previously considered and must be affordable within the overall funding envelope; and
(vii) note the list of unfunded desirable projects are set out at annex 5 of the report, these are not being progressed within the plan at this time.

19. Response to the Scottish Government Consultation on Implementing the
EU Public Procurement Directive 2014 and the Procurement Reform
(Scotland) Act 2014
Freagairt do Cho-chomhairleachadh Riaghaltas na h-Alba mu Chur an
Gnìomh Òrdugh Solarachaidh Phoblach an Aonaidh Eòrpaich 2014 agus
Achd Athleasachaidh Solarachaidh (Alba) 2014

There is circulated Report No. HC/7/15 dated 2 March 2015 by the Director of Finance which presents a suggested response from the Council to the above consultation which is required by 31 March 2015.

The Council is asked to approve the draft response to the consultation as contained within the report.

20. Treasury Management
Rianachd Ionmhais

a) Strategy Statement and Investment Statement 2015/16
Aithris Ro-innleachd agus Aithris Tasgaidh 2015/16

The Council has adopted the Chartered Institute of Public Finance and Accountability (CIPFA) Code of Practice on Treasury Management in Local Authorities. A requirement of the Code is for an annual Treasury Management Strategy Statement and Investment Statement to be approved by the Council for the forthcoming financial year. In compliance with the Code, there is circulated (pp.144-181) Report No. HC/8/15 dated 2 March 2015 by the Director of Finance which presents the Treasury Management Strategy Statement and Investment Statement for 2015/16, as submitted to the Resources Committee for scrutiny on 25 February 2015.

The Council is asked to agree the Treasury Management Strategy Statement and Investment Statement for 2015/16 as detailed.

b) Mid-year Review Report 2014/15
Aithisg Ath-sgrùdadh Meadhan-bliadhna 2014/15

There is circulated (pp.182-195) Report No. HC/9/15 dated 2 March 2015 by the Director of Finance which contains details of the Treasury Management Mid-Year Review Report for 2014/15, in compliance with CIPFA’s Code of Practice on Treasury Management in Local Authorities and as submitted to the Resources Committee for scrutiny on 25 February 2015.

The Council is asked to approve the Mid-Year Review Report for 2014/15 as detailed.

21. Local Statutory Performance Indicators 2013/14
Comharran Coileanaidh Reachdail 2013/14

There is circulated Report No. HC/10/15 dated 26 January 2015 by the Chief Executive which provides details of Local Statutory Performance Indicators for 2013/14 and highlights some changes nationally to the approach to reporting and publishing locally and nationally determined Indicators in future.

The Council is asked to note and comment on the out-turn of Statutory Performance Indicators for 2013/14 and where relevant their national benchmark position and agree that reports be submitted to Strategic Committees as the next cycle to provide detailed analysis of Statutory Performance Indicators and improvement actions.

The Council is also asked to note that refreshed performance web pages will improve stakeholder access to performance information and also strengthen public performance reporting in meeting statutory duties.

22. Local Government Pension Scheme (Governance) (Scotland) Regulations 2015
Riaghailtean Riaghlaidh Ùr Peinnsein 2015

There is circulated Report No. HC/11/15 dated 3 March 2015 by the Director of Finance which provides detail on new legislation around the governance of the Local Government Pension Scheme which will take effect on 1 April 2015 and recommends a change in the Committee structure to meet the new obligations.

The Council is asked to note that the Local Government Pension Scheme (Governance) (Scotland) Regulations 2015 requires changes to the governance arrangements for the Highland Council Pension Fund.

The Council is asked to revise the Committee structure as follows –

(i) the membership of the Pensions Committee – 11 Highland Council Elected Members;
(ii) the membership of the Pension Board – 2 Highland Council Elected Members, 1 representative from Comhairle nan Eilean Siar, 1 representative for the other Employers and 4 Trade Union representatives;
(iii) the membership of the Investment Sub Committee –7 Highland Council Elected Members, 1 non-voting representative from Comhairle nan Eilean Siar and 1 non-voting representative from the Trade Unions;
(iv) the remit for the Pensions Committee and Investment Sub Committee to remain as previously agreed and detailed at Appendix 1 within the report; and
(v) the remit for the Pension Board to follow the regulations as described in Section 5 of the report with a constitution for the Board being discussed at the first meeting.

The Council is also asked to approve the Head of Corporate Governance as the Scheme Manager’s nominated Joint Secretary.

23. Shared Parental Leave
Fòrladh Co-roinnte Phàrant

There is circulated Report No. HC/12/15 dated 2 March 2015 by the Depute Chief Executive/Director of Corporate Development which outlines detail on the introduction of Shared Parental Leave and makes recommendations regarding the provision of Shared Parental Leave Pay.

The Council is asked to approve:-

(i) the provision of Shared Parental Leave as set out in the report; and
(ii) the payment of occupational Shared Parental Pay as detailed in Section 3 of the report.

24. Review of Area Committees
Comataidhean Sgìre

There is circulated Report No. HC/13/15 dated 2 March 2015 by the Head of Policy and Reform which describes the drivers for change affecting a review of Area Committees and proposes that Members locally identify options to improve local decision-making and accountability for public services that would also enable greater participation of Highland residents in decisions affecting them.

The Council is asked to:-

(i) agree that a review of Area Committees is undertaken that will:-

i. be mindful of not only ward forums and business meetings but also other local community planning forums and District Partnerships in terms of business covered and the resources involved;
ii. take forward the Council’s response to the recommendations from the Strengthening Local Democracy Commission, as outlined in paragraphs 2.10 and 2.11 of the report;
iii. support the new duties arising from the Community Empowerment legislation;
iv. allow Members initially in their Ward Business Meetings to discuss ideas for local democratic experiments with Ward Managers. With officer support these can be developed into proposals for wider discussion with partners and communities, with agreed approaches to be trialled. Members can agree locally the pace of change they seek, bearing in mind the long term nature of this programme and the capacity to support it;
v. ideally involve several local experiments between now and end March 2017;

(ii) consider:-

i. whether a survey of all Members is undertaken to assess views on current local arrangements to find out what works well and where improvement is needed;
ii. locally how Members wish to hold community conversations about the type of democracy we want, how that can support people working together to make change happen in their communities by having more power and influence over what matters to them and how that can reduce inequalities;

(iii) and to note that:-

i. a verbal up-date of discussions with David O’Neil, Chair of the Commission on Strengthening Local Democracy and with the Community Planning Board can be provided at the meeting;
ii. a desk top review of the nature of business considered at Area Committees over the last year is underway and that information will be made available to Members by the end of the month;
iii. to support this process initially officers can arrange:-

a. a workshop for Area Committee Chairs and District Partnership Chairs;
b. a briefing on Participatory Budgeting as a new way to involve communities initially in the allocation of discretionary grants.

iv. officers will support Members to ensure the ideas to be trialled do not breach governance and accountability requirements.

25. High Life Highland
High Life na Gàidhealtachd

(a) Appointment of Member

Following the decision of the Council on 18 December 2014, there is circulated Minutes of Meeting of the Appointments Panel held on 6 February 2015 – together with applications received.

In this regard, there are also circulated copies of the Role Profile and Skills Set for information.

The Council is asked to appoint 1 Member to High Life Highland as detailed.

(b) Appointment of Independent Directors

Members are advised that the High Life Highland Nominations Committee agreed to recommend that Mr Richard Armitage and Ms Jenny Welch should be appointed as Independent Directors of High Life Highland.

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

26. Scheme of Delegation – Proposed Amendments
Sgeama Tiomnaidh– Atharrachaidhean a Thathar a’ Moladh

The Council is asked to agree the following changes to the Scheme of Delegation –

Part II (Terms of Reference of Headquarters Committees) – Planning, Development and Infrastructure Committee – Para 2.6.5 – Amend current version (To implement Flood Alleviation Schemes) to read as follows – ‘To promote Flood Protection Schemes’.

Part IV– Powers Delegated to Officers – Community Services – include the following– ‘Miscellaneous/Non-Statutory Powers – Piers – In order to release the Council from their interests in land and property, to approve, negotiate and undertake by disposal, sale, lease surrender, assignation or excambion of General Fund property, interests up to a value not exceeding £250,000, subject to demonstrating the asset is surplus to the operational requirements of Highland Council services and further subject to the sale price not being below market value and after consultation with Local Members (for piers and associated land and infrastructure only) – Responsible Officer (Head of Roads and Transport)’.

27. Timetable of Meetings
Clàr-ama Choinneamhan

The Council is asked to agree changes to the dates of the following meetings –

Highland Council– from 30 April to 14 May
Planning, Development & Infrastructure Committee – from 13 May to 3 June
Community Services Committee – from 14 May to 4 June
City of Inverness Area Committee – from 4 to 2 June
Audit & Scrutiny Committee - from 24 to 30 September and from 19 to 24 November
North Planning Applications Committee – from 10 November to 27 October
South Planning Applications Committee – from 22 to 29 September, from 17 to 10 November and from 22 to 14 December

It is also proposed that the following meetings should now be cancelled -

North Planning Applications Committee – 13 October
South Planning Applications Committee – 20 October

28. 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 18 December 2014 is available in the Members’ Library and on the Council’s Website.

Read the Supplementary Agenda

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 6

Minutes of Meetings of Committees
Gearr-chunntasan Choinneamhan Chomataidhean

City of Inverness Area Committee, 5 March

AGENDA ITEM 13

Integration Scheme – Public Bodies (Joint Working)(Scotland) Act 2014
Sgeama Amalachais – Achd Bhuidhnean Poblach (Co-obrachadh) (Alba)
2014

There is circulated Amended Report No. HC/1/15 by the Chief Executive which introduces the Integration Scheme that is required to meet the new statutory duties in accordance with the Public Bodies (Joint Working)(Scotland) Act 2014.

Please note that the Appendix (circulated with the earlier report) remains the same.

The Council is asked to agree:-

(i) the draft Integration Scheme, subsequent to any necessary final changes which are delegated to the Chief Executives of the Highland Council and NHS Highland;
(ii) to a review of governance arrangements, involving Members from across the Council; and
(iii) to work with NHS Highland to determine a timescale and process.

AGENDA ITEM 14

Affordable Warmth Campaign for the Highlands & Islands
Iomairt Blàths Neo-chosgail airson na Gàidhealtachd & nan Eilean

There is circulated Report No. HC/2/15 dated 24 February 2015 by the Director of Community Services which details the current call for support from the Highland& Islands Affordable Warmth Campaign and asks Members to support the campaign and the issues being highlighted.

The Council is asked to confirm support for the Affordable Warmth Campaign and the issues detailed in Section 2 of the report.

The Council is also asked to note that the support for this campaign does not set a precedent for future lobbying activity.

AGENDA ITEM 18

Capital Programme Review: 10 Year Capital Plan 2014/15 to 2023/24
Ath-sgrudadh a’ Phrograim Chalpa: Plana Calpa 10 bliadhna 2014/15 gu 2023/24

Amended Recommendations

Members are asked to consider the report and:

(a) Agree the funding envelope outlined at Annex 3 for a 10 year Capital Plan from 2014/15 to 2022/23 and that the revenue budget will contain an annual uplift of £2.5m for the loan charge budget for the 10 year period;

(b) Agree to incorporate within the Capital Plan the costs agreed at item 16 in respect of the Westlink project;

(c) Agree to incorporate within the Capital Plan the costs agreed at item 17 in respect of Torvean Golf Course and the Canal Parks;

(d) Agree to restore the reductions outlined at Annex 7 within the Capital Plan and remove the contingency amount of £40m should the Council decide to progress a Regional Sports Facility and a Cultural Hub;

(e) Note the discussions surrounding a potential“City Deal” and the need to re-assess planning assumptions should an award be made to Inverness;

(f) Note the funding required for a Regional Sports Facility and a Cultural Hub, subject to the decision at item 17, but defer any formal decision on the allocation of funding until the result of the“City Deal” is known;

(g) Note the outline detailed capital plan attached at Annex 2, but subject to the changes required to reflect recommendations (d) and (f) above. This outline detailed plan demonstrates that the priorities of the Council can be funded. The plan will be the subject of further review by Members and will be presented for approval to a future meeting of the Council. Any additions to the outline plan will require outline business cases if not previously considered and must be affordable within the overall funding envelope; and

(h) Note the list of unfunded desirable projects are set out at annex 5, these are not being progressed within the plan at this time.

Minutes

Read the Minutes (Item 1-13)

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 12 March 2015 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, Mrs C Caddick, Mrs I Campbell, Miss J Campbell, Mrs H Carmichael, Mr A Christie, Mr B Clark, Dr I Cockburn, Mr J Crawford, Mrs M Davidson, Mr N Donald, Mr A Duffy, Mr D Fallows, Mr G Farlow, Mr B Fernie, Mr M Finlayson, 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, 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

Mr J Gray in the Chair

Apologies for absence were intimated on behalf of Mr I Brown, Mrs G Coghill, Ms J Douglas, Mr J Ford, Mr C Macaulay, Mrs G Sinclair and Mrs J Slater.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:

Item 13 – Dr D Alston (non-financial)
Item 14 – Mr A Christie, Mrs D MacKay, Mr W MacKay, Mrs A MacLean (all non-financial)
Item 16 – Mr K Gowans (financial and non-financial)
Item 17 – Mr K Gowans and Mr F Parr (both non-financial), Mr K Gowans (financial)
Item 18 - Mr K Gowans, Mrs F Robertson, Mr G MacKenzie and Mrs M Paterson (all non-financial), Mr K Gowans (financial)
Item 21 – Mr K Gowans (non-financial), Mr B Murphy and Mr K Gowans (both financial)
Item 25 – Mr K Gowans and Mr F Parr (both non-financial), Mr K Gowans (financial)

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. Membership of the Council
Ballrachd na Comhairle

It was NOTED that Mr Colin Macaulay had tendered his resignation as a Member of the Council with effect from 15 March 2015. In this regard, a By-Election for Ward 19 (Nairn) had been arranged for 7 May 2015.

On behalf of the Council, the Convener paid tribute to Councillor Macaulay’s commitment to public life and to the people of Nairn and especially to his dedication to achieving fair decisions which had been particularly respected during his service on the South Planning Applications Committee.

4. Presentation – New Start Highland
Taisbeanadh – New Start Highland

A Presentation was undertaken at the meeting on the work of New Start Highland by its Chief Executive, Mr James Dunbar, during which it was confirmed that the aim of the third sector was to provide social value in addition to making money and in this regard it was noted that, for every £1 invested, £7-£10 of social value could be delivered. A key reason for the existence of New Start Highland was to transform the lives of those in crisis and this was achieved through partnership working with the Council and other organisations in the public, private or third sectors. The Christie Commission had recognised that Local Authorities should move away from being both the ‘architect’ and the ‘provider’of all services and in this respect the role of social enterprise companies had been acknowledged.

Following a summary of the current activities undertaken by New Start Highland, it was highlighted that the Procurement Reform Bill included reference to the usefulness of community benefit clauses and the Council was urged to consider implementing such clauses when putting services out for tender in future.

During discussion, Members expressed their appreciation of the work which was undertaken by New Start Highland and raised the following issues:-

more direct involvement in Community Planning Partnerships and District Partnerships would be beneficial in regard to empowering communities;
staff and volunteers from New Start Highland were always helpful and efficient and this was greatly appreciated;
there was a need for more consideration to be given to the value of social welfare in future, particularly when tenders were awarded, and it was hoped that this could perhaps be addressed through the Community Empowerment Bill;
complex tendering procedures (which sometimes held back implementation of local projects) caused frustration in smaller communities and it was suggested that this could perhaps be avoided if community representatives could participate in Community Planning Partnerships;
it was hoped that New Start Highland would continue with current activities across the Highlands and perhaps also expand into the provision of training wherever possible;
there was a need to provide longer-term grants and contracts to social enterprise companies; and
the value of public and third sector partnerships being based on shared understanding and respect was emphasised.

Having thanked Mr Dunbar for his extremely informative presentation, the Council otherwise NOTED the position.

5. 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 18 December 2014 as contained in the Volume which had been circulated separately which were APPROVED.

6. 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:

Education, Children and Adult Services Committee, 14 January
Skye, Ross & Cromarty Area Committee, 4 February
Community Services Committee, 5 February
Caithness & Sutherland Area Committee, 10 February
Education, Children and Adult Services Committee, 11 February
Planning, Development & Infrastructure Committee, 18 February
Gaelic Implementation Group, 19 February
Pensions Committee, 19 February
Resources Committee, 25 February
Lochaber Area Committee, 26 February
City of Inverness Area Committee, 5 March

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

Education, Children and Adult Services Committee, 14 January

*Starred Item* Item 8: Page 743: Sustainable School Estate Review – North Skye

It was NOTED that two additional representations (received since the meeting of the Committee on 14 January 2015) had been circulated.

Following discussion, the Council AGREED:

i. to discontinue education provision at the existing Dunvegan, Struan, Knockbreck and Edinbane Primary Schools;
ii. to establish a new amalgamated community Primary School for North West Skye on a new site in the village of Dunvegan;
iii. to combine the existing school catchments of Dunvegan, Struan, Knockbreck and Edinbane Schools to form the catchment of the new amalgamated Primary School; and
iv. toinitiate a new consultation to consider dual zoning for any family who may wish to consider attending Carbost or MacDiarmid Primary Schools.

Community Services Committee, 5 February

*Starred Item* Item 2a: Page 761: Winter Maintenance

The Council AGREED that re-consideration of the Winter Maintenance Pre-Treatment Savings Proposal would be undertaken.

Notice of Amendment – Corran Ferry
Brath Atharrachaidh – Aiseag a’ Chorrain

With reference to the Minutes of Meeting of the Community Services Committee of 5 February 2015 as contained in the Volume and circulated separately, the following Notice of Amendment had been received in accordance with Standing Order 10.3 –

1) prepare a full business plan for the next five years, including an assessment of potential savings in operational costs and the impact this would have on passengers;
2) bring forward options for the long-term sustainability of the ferry service and a plan for the assessment of alternative fixed crossing options;
3) obtain independent legal opinion on the risk to Highland Council of breaking State Aid rules, the potential liability to the Council for breach of these rules and options for presenting a robust case that these rules should not apply to this lifeline service; and
4) carry out an assessment that the Council is complying with all equalities legislation.

We seek to reverse the decision of the Community Services Committee and urge Council to agree the recommendations in the original paper as follows –

1) agree that the option to transfer the operation of the ferry to Transport Scotland is given no further consideration;
2) approve a 4% per annum increase in Corran Ferry fares from 1 April 2015;
3) note that annual increases of 4% are likely to be required for the following two years (2016/17 and 2017/18);
4) agree that any requirement to consider increases beyond 4% be brought back to the Committee for immediate consideration; and
5) note the information provided on a long term strategy.

Signed: Mr G MacKenzie, Ms M Smith, Mr R Laird, Ms L Munro, Dr D Alston, Mr J Gray, Mr D Fallows, Mr T Prag

In this connection, there had been re-circulated Report No. COM/11/15 dated 26 January 2015 by the Director of Community Services.

There had also been circulated Letter from Councillor T Maclennan which proposed a way forward (following consultation between Local Members and community representatives) and Letter from the Chair of the Committee (in response) in which he welcomed the proposals to reduce fare increases on 1 April 2015 from 4% to 2%, suggested a timetable for activities associated with assessing alternative cost savings and supported the need for clarity and openness on a range of points.

Thereafter, and following discussion, the Council:

i. AGREED that the option to transfer the operation of the Ferry to Transport Scotland be given no further consideration;
ii. APPROVED a 2% per annum increase in the Corran Ferry fares from 1 April 2015;
iii. AGREED the following five actions – (a) clarity being received on what specifically was the State Aid block to this crossing being subsidised (by 31 May 2015), (b) the carrying out of a full analysis of the financial costs – in initially with the Lochaber Members (by 30 June 2015), (c) community consultation being undertaken on alternative ways to reduce costs (by 31 August 2015), (d) production of a robust Business Plan which in the short term focused on savings and efficiencies and in the longer term – 5 years plus – explored the potential of renewable energy in a fixed crossing (by 31 December 2015) and (e) completion of an Equalities Impact Assessment with independent confirmation that Highland Council was complying with European Equalities legislation 2010 (by 31 December 2015); and
iv. AGREED that a report go back to the first Community Services Committee meeting in 2016 detailing the outcomes of these actions and recommending the fares to be applied for 2016/17.

Education, Children and Adult Services Committee, 11 February

*Starred Item* Item 7: Page 796: Sustainable School Estate Review – Tain

The Council AGREED to:

i. discontinue education provision at the following campuses – Craighill Primary School, Knockbreck Primary School and St Duthus Special School – and relocate provision to a new 3 to 18 campus to be established on the site of the existing Tain Royal Academy;
ii. as an interim measure, until the proposed 3 to 18 campus was available, relocate current pre-school provision from St Duthus School campus (English medium) and Knockbreck Primary School campus (Gaelic medium) to temporary modular accommodation on the current Craighill Primary School campus;
iii. establish a new 3 to 18 community campus on the site of the existing Tain Royal Academy comprising Early Years, Primary, Secondary, Additional Support Needs and Gaelic Medium provision to replace all other local authority education provision within Tain, including the existing Tain Royal Academy and Community Complex; and
iv. combine the existing school catchment areas of Craighill Primary School and Knockbreck Primary School to become the catchment area of the new combined Primary School within the 3 to 18 campus.

*Starred item* Item 19: Page 805: Appointment of Representative to the Board of Partnerships for Wellbeing

The Council AGREED that Miss J Campbell be appointed to the Board of Partnerships for Wellbeing.

Resources Committee, 25 February

*Starred Item* Item 10: Page 850: Carbon CLEVER Community Grant Fund

The Council AGREED that decision making for all applications be delegated to Area Committees and that the Scheme of Delegation be amended accordingly at the next opportunity.

Item 18b: Page 857: Website Review Report

The Council NOTED clarification that, whilst the report for this item had contained an inaccuracy at Paragraph 2.2.2, the correct information had been included in the Appendix to the report.

City of Inverness Area Committee, 5 March

Item 9: Page 10: Draft Old Town Conservation Area Management Plan

The Council AGREED to amend the wording within the Minute as follows:

“A new designated area was being proposed for the west side of the River Ness which incorporated Merkinch,but due to capacity issues it was not being progressed in the immediate future, there being around 30 already designated areas which required review”.

Item 16: Page 16: Developing Inverness as a “Coach Friendly”City

The Council AGREED to amend the wording within the Minute as follows:

“In view of the decision to promote a Permanent Traffic Order to designate the use of Ardross Street as the permanent coach drop-off /pick-up location for the City of Inverness being made on 2 December 2014, and because inaccurate information had been presented at that meeting regarding Traffic Orders, the Committee AGREED unanimously to suspend Standing Order 20 in order to reconsider the matter.”

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

There had been circulated Minutes of Meeting of the Highlands and Western Isles Valuation Joint Board held on 13 November 2014 - which were NOTED.

8. Customer Services Board
Bòrd Sheirbheisean Luchd-ceannach

There had been circulated Minutes of Meetings of the Customer Services Board held on 17 February 2015 - which were NOTED – subject to the following addition –

“That a further report should be submitted to the Board on the potential for the outsourcing of work from Council Services to Service Points”.

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

There had been circulated Minutes of Meeting of the Community Challenge Fund Applications Panel held on 25 February 2015 - which were APPROVED.

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

It was NOTED that Mr D Millar had now been appointed as Leader of the Highland Alliance – with Mr T Maclennan as Depute Leader.

The Council also AGREED the following changes to membership of Committees –

Resources Committee – Mrs I McCallum to replace Mr N Donald

Pensions Committee – Mr M Green to replace Mr N Donald

Planning Review Body

It was NOTED that, following the resignation of Mr N Donald, nominations had been sought from the Inverness, Nairn, Badenoch and Strathspey area for the vacant place and had been received as follows –

Mr R Balfour Mr B Lobban

At this point in the meeting, Mr R Balfour withdrew his nomination.

Thereafter, the Council AGREED to appoint Mr B Lobban to the Planning Review Body as detailed.

11. 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) Mr A Henderson

To the Leader of the Council

“What communications have Highland Council had with the Scottish Government Transport Minister in the past six months regarding the missing summer link – the Mallaig to Lochboisdale ferry?”