Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 14 May 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. By-Election– Ward 19 (Nairn) 
Fo-thaghadh– Uard 19 (Inbhir Narann)

The Council is advised that confirmation will follow in regard to the result of the By-Election to be held on 7 May 2015 for Ward 19 (Nairn).

4. Presentation– Child Sexual Exploitation Action Plan
Taisbeanadh – Plana-gnìomh Gabhail Brath Feiseil air Cloinn

A Joint Presentation will be undertaken at the meeting with Police Scotland on the Child Sexual Exploitation Action Plan which will commence at 2.00pm.

In this regard, there is circulated Report No. HC/15/15 dated 22 April 2015 by the Director of Care and Learning which outlines the response in Highland to national reports on Child Sexual Exploitation and describes the action plan endorsed by the Highland Child Protection Committee.

The Council is asked to note the Child Sexual Exploitation Action Plan and support the awareness raising proposals.

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 12 March 2015 and of the Special Meeting held on the same date 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:-

Nairn and Badenoch and Strathspey Area Committee, 18 March 
Community Safety, Public Engagement and Equalities Committee, 25 March 
*Audit and Scrutiny Committee, 26 March
Skye, Ross and Cromarty Area Committee, 22 April

7. Customer Services Board 
Bòrd Sheirbheisean Luchd-ceannaich

There are circulated for information Minutes of Meetings of the Customer Services Board held on 17 March and 20 April 2015.

8. Membership of Committees, etc
Ballrachd Chomataidhean, is eile

Members are advised that confirmation of the political make-up of the Council and the number of places on Strategic Committees following the result of the By-Election for Ward 19 (Nairn) will follow.

9. Question Time
Àm Ceiste

The following Questions have been received by the Depute Chief Executive/

Director of Corporate Development in terms of Standing Order 42 –

(i) Ms J Douglas

To the Leader of the Council

“In December, the Council, despite concerns raised, agreed a 200% Council Tax increase on vacant properties in an attempt to bring formerly vacant properties back into the housing market.

While this may work in more urban areas, this blanket tax has now disproportionately impacted on the rural areas and on culturally important abandoned and uninhabitable buildings such as former Drovers cottages and historically valuable agricultural buildings. Many have not been occupied for many years and are without services and at times even roofs. It is also acknowledged that in the remoter areas of Highland, the sale of such properties, often with the high cost of installing services, etc can take several years to achieve.

Current exemptions do not cover the situations now developing across Highland which means rural areas are being the hardest hit by this.

Does the Leader intend to lobby Scottish Government to allow flexibility for unique rural areas such as ourselves before such buildings are demolished to avoid a punitive tax that is unfairly hitting the remote and rural areas?”

The response is circulated. 

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

(ii) Mr M Reiss

To the Chair of the Planning, Development and Infrastructure Committee

“What are the annual costs to the Highland Council determining/responding to Energy Consent Unit/defending of all Wind Turbine Applications over the last three years and how much planning fee income has been received for same?”

The response is circulated.

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

(iii) Mr M Reiss

To the Chair of the Planning, Development and Infrastructure Committee

“What is the cost to the Council of the ‘Cumulative Landscape and Visual Assessment of wind energy in Caithness’ Report prepared by L.U.C. Consultants?”

The response is circulated.

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

(iv) Mr M Reiss

To the Chair of the Planning, Development and Infrastructure Committee

“What was the Minister’s justification for the decision not to award the costs to the Council for the Dalnessie Wind Farm Application Public Local Inquiry?”

The response is circulated.

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

(v) Mrs G Coghill

To the Chair of the Planning, Development and Infrastructure Committee

“In light of the recent local publicity and questions around the safe installation of wind turbines in schools, can the Chair please reassure concerned parents, constituents and Councillors that all the Highland Council’s policies on the safe siting of wind turbines, including continual maintenance of adequate fencing and so on, are adhered to?”

The response is circulated.

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

10. Notice of Motion
Brathan Gluasaid

The following Notice of Motion has been received in accordance with Standing Order 10.1 –

“The recent Strengthening Democracy report was applauded and supported across the Chamber. It puts forward the opinion that the current situation of centralisation and detached decision making is unsustainable and that we have to return to more local decision making. The current size of Highland Council is acknowledged to be too large to allow real local democracy to happen.

Therefore we call on the Highland Council to take leadership of the debate. We propose Highland Council produce a report that sets out viable options for fully localised decision making in Highland region”.

Signed: Mr L Fraser, Ms J Douglas, Mr B Thompson, Mrs I Campbell, Mrs F Robertson, Mrs M Davidson, Mr B Fernie, Mr H Fraser, Mrs J Barclay, Mrs H Carmichael, Mr G Ross, Mrs C Wilson, Mr M Reiss, Mr R Greene, Mr A Henderson, Mr M Green

11. Audit Scotland National Report: Overview of Local Government in Scotland 2015 
Aithisg Nàiseanta Sgrùdadh Alba: Sealladh Coitcheann air Riaghaltas Ionadail na h-Alba 2015

There is circulated Report No. HC/16/15 dated 30 April 2015 by the Director of Finance which presents the Overview Report of Local Government in Scotland 2015, highlights the key messages and considers how the Council is responding.

In this regard, the Audit Scotland Report (Annex 1) has been circulated separately.

Members are asked to consider:-

(i) the findings of the National Overview Report of Local Government in Scotland in 2015; 
(ii) the response set out to the main recommendations as outlined in Paragraph 2.2; and 
(iii) personal training requirements in light of the issues raised by the report.

12. External Scrutiny - Local Scrutiny Plan Update 2015/16 
Comhairle na Gàidhealtachd – Plana Sgrùdadh Ionadail 2015/16

There is circulated Report No. HC/17/15 dated 13 April 2015 by the Chief Executive which confirms that the annual Local Scrutiny Plan 2015/16 for Highland Council has been produced by the Local Area Network and is based on a shared risk assessment undertaken by representatives of all the scrutiny bodies who engage with the Council.

In this regard, the Local Scrutiny Plan has been attached as Appendix 1 to the report.

Members are asked to note:-

(i) that the Local Scrutiny Plan highlights that no additional scrutiny of the Council is required for 2015/16; 
(ii) the positive comments made about the Council’s Integrated Care (Children’s Services), Criminal Justice Service and Community Learning and Development; 
(iii) the areas where monitoring is planned (Integrated Care (Adult Services), Self-Evaluation in Primary and Secondary Schools, Education Leadership and Use of Resources); and 
(iv) that there are five areas of scheduled audit and inspection activity identified contributing to National Audit Reports and three National Performance Audits planned as outlined in Paragraph 2.4 of the report.

13. Review of the Performance Framework for the Council Programme
Sgrùdadh air Frèam Coileanaidh airson Prògram na Comhairle

There is circulated Report No. HC/18/15 dated 7 April 2015 by the Chief Executive which proposes amendments to commitments and the high level actions and indicators for measuring progress with delivering the Council’s Programme ‘Working Together for the Highlands 2012-17’.

Members are asked to agree:-

(i) that the commitments identified in Paragraph 2.5 should be marked as ‘achieved in 2013/14’; and 
(ii) the amendments to the Performance Framework as outlined in Appendix 1 to the report.

Members are asked to note:- 

(i) that the Performance Framework will be used to update Service Plans and these will be brought to the current cycle of Strategic Committees for consideration; and 
(ii) that progress with delivering the Programme will be reported in year through Strategic Committees and annually to the Council.

14. Fifth Review of Electoral Arrangements – Highland Council Area – Proposals for Wards 
Sgrùdadh Coimisean nan Crìochan – Freagairt na Comhairle

There is circulated Report No. HC/19/15 dated 5 May 2015 by the Chief Executive which summarises the proposals put forward by the Local Government Boundary Commission for Scotland for changes to the Ward boundaries in the Highland Council area, highlights alternative suggestions made by Members where there has been unanimity at Ward Business Meetings and offers possible proposals to give effect to those suggestions.

The Council is asked to consider whether the following alternative proposals should be submitted to the Local Government Boundary Commission for their consideration -

(a) Caithness

Creation of three Wards with three Members in Caithness by:

Moving Polling Districts C041, C04J and C04K from Landward Caithness to Wick, increasing Wick’s electorate from 5,692 to an estimated 6,490, 12.2% below parity.

Moving Polling Districts C04B and C04N from Landward Caithness to Thurso, increasing Thurso’s Electorate from 6,294 to an estimated 7,483, 1.3% above parity.

In consequence, Landward Caithness’s Electorate decreases from 8,600 to an estimated 6,613, 10.5% below parity.

(b) Nairn – Cawdor & Culloden - Ardersier

Transfer Cawdor into Nairn by:

Moving Polling District I18G with an estimated 594 electors from the proposed Culloden Ward. This would create a Nairn and Cawdor Ward with an estimated 10,182 electors, 3.3% above parity.

Transfer Ardersier back into the Culloden Ward by:

Moving part of Polling District I18F with an estimated 1,157 electors in Ardersier from the proposed Nairn and Ardersier Ward to the proposed Culloden Ward. Ths would create a Culloden and Ardersier Ward with an estimated 8,305 electors, 12.4% above parity.

(c) Black Isle

Retain the Black Isle Ward as it is currently configured by:

Moving parts of the Redcastle Polling Districts R10A(S) & R10C(W) with an estimated electorate of 366 from the proposed Dingwall and Seaforth Ward back to the Black Isle Ward, which would result in the Black Isle Ward having an estimated electorate of 8,647 which would be 17% above parity with the proposed three Member Ward.

The proposed Dingwall and Seaforth Ward would be reduced by an estimated 366 electors, which would result in it being 2.6% below parity.

15. Update on the Review of Area Committees and Local Community Planning Arrangements
Adhartas a thaobh Ath-sgrùdadh Chomataidhean Sgìre agus Ullachaidhean Dealbhaidh Coimhearsnachd Ionadail

There is circulated Report No. HC/20/15 dated 5 May 2015 by the Head of Policy and Reform which provides an update on progress being made with reviewing Area Committees and Local Community Planning arrangements.

In this regard, initial discussions will have started in ten Wards by 11 May 2015 and Workshops for Members are being scheduled for the remaining twelve Wards.

The Council is asked to note the progress being made in early conversations among Local Members. In this respect two different models have emerged so far – one combining Council and partner business with community involvement into a community partnership in Nairn and the other keeping Area Committee and partnership governance distinct but with new connections between them through reporting and with greater community involvement. Participatory budgeting is to be tried in both localities in 2015/16 using different approaches.

The Council will also be advised on the ideas emerging from Members in Badenoch and Strathspey at the meeting and for other areas at the full Council meeting in June.

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

There is circulated Joint Report No. HC/21/15 dated 1 May 2015 by the Directors of Planning & Development and Community Services which outlines proposals for amendment to the Council’s Scheme of Delegation and Administration to Committees and Sub Committees and to Officers.

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

17. Pensions Board – Membership
Bòrd nam Peinnseanan – Ballrachd

Members will be aware that it was agreed, at the last meeting on 12 March, to establish a Pensions Board to meet the requirements of the Local Government Pension Scheme (Governance)(Scotland) Regulations 2015.

In this regard, the Pensions Board needs to comprise four Trade Union representatives, one representative from Comhairle nan Eilean Siar, one representative from other Employers and two Highland Council Elected Members (who cannot also be Members of the Pension Committee).

The Council is therefore asked to appoint 2 Members to the Pensions Board as detailed.

18. Caithness Horizons 
Fàirean Ghallaibh

Members are advised that Mr John Rosie has intimated that he wishes to step down as a Director of Caithness Horizons.

The Council is therefore asked to appoint 1 Member to Caithness Horizons 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 12 March 2015 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 item on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 6 of Part 1 of Schedule 7A of the Act.

21. Proposed Civic Recognition
Moladh airson Aithneachadh Catharra

There is circulated to Members only Report No. HC/22/15 dated 5 May 2015 by the Head of Policy and Reform which invites Members to consider a proposal for civic recognition.

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