Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 17 December 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. Presentation – Director of Public Health 
Taisbeanadh– Slàinte a’ Phobaill

A Presentation will be undertaken at the meeting (from 10.45 to 11.15pm) by the Director of Public Health, NHS Highland, on the Annual Report for 2015.

In this connection, the Annual Report can be read in full on the NHS Highland website. 

4. Confirmation of Minutes 
Daingneachadh a’ Gheàrr-chunntais

There are submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 29 October 2015 as contained in the Volume which has been circulated separately.

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

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

Planning, Development & Infrastructure Committee, 4 November 
Community Services Committee, 5 November 
Education, Children & Adult Services Committee , 11 November 
Gaelic Implementation Group, 12 November 
Audit & Scrutiny Committee , 17 November 
Skye, Ross & Cromarty Area Committee , 18 November 
Lochaber Area Committee, 24 November 
Resources Committee, 25 November 
City of Inverness Area Committee, 3 December 
Communities and Partnerships Committee, 10 December

6. 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 17 September 2015.

7. Appointment Panels (External Bodies/Arms-Length External Organisations) Pannalan Cur an Dreuchd (Buidhnean bhon Taobh A-muigh/Buidhnean Leth-eisimeileach bhon Taobh A-muigh)

There are circulated for approval Minutes of Meeting of the Appointments Panel held on Tuesday, 24 November 2015.

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

Members are asked to agree the following changes to memberships of Committees, Sub Committees, etc –

Communities and Partnerships Committee –

Mr L Fraser, Dr Audrey Sinclair, Mr D MacKay, Ms M Smith, Mr R Laird, Mr A Baxter and Mr T Maclennan to be added to the membership 
Mrs L MacDonald to replace Mrs J Slater
Mr J Rosie to replace Mr L Fraser as the Independent Group Substitute Member

Audit & Scrutiny Committee – Mrs G Sinclair to replace Mr A Duffy 
Education, Children & Adult Services – Mr D Fallows to replace Mrs J Slater 
Resources Committee – Mr C Fraser to replace Mr B Gormley 
Resources Committee (Sub) – Mr G Phillips to replace Mr K Gowans

Members are also asked to note that Mrs L MacDonald and Mrs J Slater have resigned from Highland Opportunity Limited and Eden Court respectively and consideration will be given to filling these vacancies in due course.

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) Mr J Stone

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

“Could you inform me what action you have taken to resolve the failure of the Scottish Government to announce confirmation of funding for a new Academy for the town of Alness since the last Committee meeting on 11 November 2015?”

The response is circulated

Mr Stone will be entitled to ask a supplementary question which will be answered by the Chair of the Education, Children & Adult Services Committee.

(ii) Mr A Christie

To the Leader of the Council

“What meetings have you attended (other than those internal to the Council), what apologies have been submitted and what meetings are planned for the next 3 month period?”

The response is circulated

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

(iii) Mr A Christie

To the Depute Leader of the Council

“What meetings have you attended (other than those internal to the Council), what apologies have been submitted and what meetings are planned for the next 3 month period?”

The response is circulated

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

(iv) Mrs L MacDonald

To the Chair of the Community Services Committee

“How much has been allocated in the Housing Revenue Account budget for routine maintenance and for voids for each of the last five years in each of: Badenoch& Strathspey, Caithness, Inverness, Lochaber, Nairn, Ross & Cromarty, Skye and Sutherland and what has been the variance in the HRA budget for routine maintenance and voids in each area for the last five years?”

The response is circulated

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

(v) Mr T Prag

To the Leader of the Council

“In the interests of public transparency, could you tell me whether any progress has been made towards making Members attendance records at Council meetings and related Committees easily available to the public on line?”

The response is circulated

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

10. Notices of Motion 
Brathan Gluasaid

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

“The Highland Council recognises and supports a dementia friendly Highlands. However, it is often small changes by ourselves and other partners that can make a huge positive difference to the lives of those affected by dementia.

Therefore we ask that a small group of Members work with Officers and relevant bodies to produce an action plan to bring to a future Council meeting which makes recommendations on ways that we can achieve our goal of a dementia friendly Highlands”.

Signed: Ms J Douglas Mrs A MacLean Mrs C Caddick Mr G Rimell Mr J Gray

Ms K Stephen Mrs B McAllister Mr S Fuller Mr J Stone

“The Highland Council affirms its support for the Rails to Grantown project and calls for partners to ensure it is completed as soon as possible”.

Signed: Ms J Douglas Mr D Fallows Mr B Lobban Mr G Rimell

“In December 2014, the Highland Council debated changing the policy regarding the display of election posters with a view to a total ban on the display of election posters on Council property, roadside verges and street furniture in line with the vast majority of other Councils in Scotland. This was following the many negative impacts this had during the Referendum but this was considered an exception by many and the policy remained in force.

Regrettably the situation during the General Election saw at least the same level of negative impacts, including criminal damage, threatening behaviour, intimidation, general abuse and wilful disregard of the regulations, resulting in multiple posters on single lamp posts and oversized posters. This resulted in what can only be described as a complete eyesore across the Highlands.

It is proposed that the current policy is changed and that the display of election posters on Council property, roadside verges and street furniture in direct ownership of the Council be banned for all future Elections”.

Signed: Mrs C Caddick Ms K Stephen

“The Highland Council notes the ongoing negotiation between the European Union and the USA on the Transatlantic Trade & Investment Partnership (TTIP) and expresses its disappointment that the negotiations are underway in secret and without input or oversight from representatives of Local Government.

The Council believes that TTIP would have a detrimental impact on public services, employment and suppliers and that the proposed Investor–State Dispute Settlement mechanism would be used to undermine the democratic decision making of local and national government.

The Council requests that the Leader writes to Scotland’s Members of the European Parliament, to the UK Government and Scottish Government expressing concerns about the possible detrimental effect of TTIP on Local Government and raises these concerns at COSLA”.

Signed: Mrs L MacDonald Mr S Fuller Ms M Smith Mr R Laird Dr I Cockburn

“The Highland Council re-affirms its commitment to meet its agreed recycling targets to avoid increases in landfill tax and to assist in hitting the Council's carbon emissions reductions targets”.

Signed: Ms M Smith Mr G Phillips Mr S Fuller Mr C Fraser Mrs G Sinclair

Mr K Gowans

11. Capital Programme Review: Capital Plan 2015/16 to 2024/25 
Prògram Calpa

There is circulated Joint Report No. HC/55/15 dated 8 December 2015 by the Director of Finance and the Director of Development & Infrastructure which sets out the long term General Fund Capital Plan for the financial years 2015/16 to 2024/25.

In this regard, Annex 2 to the report is circulated separately.

The Council is asked to:-

(i) approve the Capital Plan 2015/16 to 2024/25;

(ii) note the relationship between the Capital Plan and the Revenue Budget which requires additional loan charges of £2.5m per annum (except financial year 2024/25) to fund the level of capital investment contained within the Plan; and

(iii) note the risks around the level of Scottish Government general capital grant and the need to monitor the Plan’s affordability on a regular basis.

12. Revenue Budget 
Buidseat Teachd-a-steach

There is circulated Report No. HC/56/15 dated 8 December 2015 by the Director of Finance which provides an update on the latest developments regarding the budget forecast position for 2016/17 and highlights the scale of the budget deficit.

Given that formal decisions will require to be taken by the Council in order to achieve a balanced budget by 25 February 2016, at this stage Members are asked to acknowledge the impact of:-

(i) a 25 hour school week for all primary school children (as per Section 2);

(ii) a significant cut in the Council’s grant (as per Section 3);

(iii) the Additional Budget Pressures (as per Section 4);

(iv) Adult Care Commissioned Services as outlined in Section 5; and

(v) the Resource Implications as per Paragraph 6.1 of the report.

13. Update on Rationalisation of Leisure Management 
Amaladh Sheirbheisean Cur-seachad

There is circulated Report No. HC/57/15 dated 7 December 2015 by the Chief Executive which highlights the good progress towards the rationalisation of Leisure Services in the Highlands.

The Boards of High Life Highland and Inverness Leisure have confirmed their intention to transfer the Inverness Leisure business to High Life Highland and to work together to design and deliver this result by April 2016. The support of Officers, Directors and Trustees is very much appreciated in reaching this position.

The Council is asked to:-

(i) note that the Boards of Inverness Leisure and High Life Highland have agreed to work together to form a single organisation;

(ii) note that the best option to achieve this involves the transfer of business from Inverness Leisure to High Life Highland by April 16; and

(iii) agree that this process should be led by High Life Highland and Inverness Leisure in accordance with the Rationalisation Plan at Appendix 1 to the report.

14. Consultation on Provisions for a Future Islands Bill 
Co-chomhairle mu Sholar airson Bile Eileanan san Àm ri Teachd

There is circulated Report No. HC/58/15 dated 8 December 2015 by the Chief Executive which seeks approval for the attached draft response to the Scottish Government’s consultation on Provisions for a Future Islands Bill.

The Council is asked to approve the draft response as circulated.

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

(i) Local Committees

There is circulated Report No. HC/59/15 dated 1 December 2015 by the Head of Policy and Reform which seeks early revisions to the Scheme of Delegation to establish the new Local Committees in five localities.

Further revisions to the Scheme will be brought to future Council meetings as work progresses to localise Council decision-making, notably for local decision making and resources for Community Services with effect from 1 April 2016. All partners have now confirmed support for new local community planning experiments although further work on establishing and resourcing them is required, along with a view on how they can be evaluated from the outset.

The Council is asked to note that this is the initial revision proposed to the Scheme of Delegation to establish the new Local Committees in five new localities plus Lochaber. Further revisions will be proposed as work is done to devolve Community Services budgets for 1 April 2016 and as the implementation of the Community Empowerment Act is developed.

The Council is asked to agree the revised Scheme of Delegation for Local Committees as set out in Appendix 2. This will apply to the five new Local Committees agreed to date and the Lochaber Committee, with a verbal up-date on any other areas proposed provided at the meeting. Members have expressed a preference for naming their Local Committee as set out in Paragraph 2.4. For those Areas unchanged the current Scheme of Delegation to City/Area Committees will continue.

The Council is also asked to note that all community planning partners have agreed to support the local experiments in the localities identified so far. Given that further work with partners is needed to agree how these can be established, resourced and how we will evaluate them from the outset, it is recommended that these new local partnerships are not convened before the end of March 2016. Further work with NHSH is required to enable a transition from the current District Partnerships to align with new local community planning arrangements.

The resource implications for the new Local Committees are set out in Section 3 of the report.

Given the budget savings to be found, the Council is asked to agree that:

(i) webcasting of all local and current Area/City Committees ceases to avoid the capital cost of £20,700 to purchase a further mobile webcasting kit and to avoid the revenue costs of £4800 for webcasting hours and an opportunity cost of redirecting staff time estimated at £25,481;

(ii) as Local Committee meetings would be shorter, no lunches would be required or provided;

(iii) the additional costs relating to staff time in Committee Services of approximately £20,000 are part of the 2016/17 budget. While the work required could be absorbed within the teams affected, it is a real cost as without this workload savings would be taken;

(iv) that any other additional costs will be monitored in 2015/16; and

(v) costs will be contained by avoiding the need for additional staff travel to participate in Local Committees by using video conferencing and by the local Ward Management Team providing lead officer support.

(ii) Remuneration of Senior Councillors

There is circulated (pp.77-79) Report No. HC/60/15 dated 8 December 2015 by the Director of Finance which reviews and seeks approval for a revised list of Senior Councillor posts.

The Council is asked to approve the proposed list of Senior Councillor posts as detailed in Annex 1 to the report.

16. Standing Orders Relating to the Conduct of Meetings
Gnath-riaghailtean co-cheangailte ri GiulanChoinneamhan

There is circulated Report No. HC/61/15 dated 20 November 2015 by the Depute Chief Executive/Director of Corporate Development which outlines an amendment to the Council’s Standing Orders as part of the annual review.

Annual Review of Standing Orders is a requirement of the Council’s Code of Corporate Governance.

The Council is asked to agree the proposed amendment to Standing Orders as detailed on the basis that an amended copy will be circulated to all Members in due course.

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

There is circulated Joint Report No. HC/62/15 dated 4 December 2015 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, support the ongoing work outlined at Paragraph 5.8 to further develop partnership working with other local authorities and endorse the future priorities outlined at Section 6 of the report.

18. Veterans Champion 
Curaidh nan Seann-ghaisgeach

Members are advised that Mr A Duffy is currently on a leave of absence from his Council duties and he will therefore not be able to undertake his duties as Veterans Champion.

It is therefore proposed to appoint a new Veterans Champion, at the next available meeting of the Highland Council, to ensure that there is continuity and that the duties of this position are undertaken.

The Council is asked to agree to appoint a new Veterans Champion at the next available meeting as detailed.

19. Dornoch Common Good Fund 
Maoin Math Coitcheann Dhòrnaich

There is circulated Joint Report No. HC/63/15 dated 8 December 2015 by the Director of Finance and the Head of Policy and Reform which requests consideration of an application of £100,000 over three years to the Dornoch Common Good Fund from Dornoch and District Community Association.

The application is for funding to support the development and construction of a new Community Centre at the Meadows, Dornoch.

The Council is asked to grant £100,000 from the Dornoch Common Good Fund to Dornoch and District Community Association as a contribution towards the costs of the new Social Club build over three years, subject to the group getting permission to purchase the land and full funding package being in place.

20. Board of Trustees of Dornoch Meadows Trust 
Bòrd Urrasairean airson Urras Chluaintean Dhòrnaich

Members are advised that the Trustees of the Meadows Playing Fields in Dornoch are responsible for the management of the Recreation Ground in Dornoch which is known as ‘The Meadows’.

Mr J McGillivray was appointed as a Trustee in 2013 but has now resigned from this position.

The Council is therefore asked to appoint 1 Member to the Board as detailed.

21. Timetable of Meetings for 2016 
Clàr-ama Choinneamhan airson 2016

The Council is asked to agree the following additional meetings for 2016 –

Highland Council (Special Meeting) – Thursday, 21 January 
City of Inverness Area Committee (Extra Meeting) – Thursday, 28 January

22. 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 29 October 2015 is available in the Members’ Library and on the Council’s Website.