Agendas, reports and minutes

Highland Council

Date: Thursday, 8 September 2016

Agenda: Read the Agenda

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 8 September 2016 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 – Northern Lighthouse Board
Taisbeanadh – Bòrd nan Taighean-solais a Tuath

Members are advised that Mr Mike Bullock, Chief Executive of the Northern Lighthouse Board, will be in attendance at the meeting and will undertake a presentation in relation to the work of the Board.

4. Membership of the Council
Ballrachd na Comhairle

Tribute will be paid at the meeting to the late Councillor John Ford.

In this regard, it is confirmed that a By-Election for Ward 18 (Culloden & Ardersier) has now been arranged and will be held on Thursday, 6 October 2016.

5. Recess Powers
Cumhachdan Fosaidh

Members are asked to note that the recess powers granted by the Council at the meeting on 29 June 2016 were used as follows –

Arrangement of date for Special Meeting of the Community Services Committee to be held on Wednesday, 14 September 2016

6. 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 June 2016 as contained in the Volume which has been circulated separately.

7. 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:-

City of Inverness Area Committee (Special Meeting), 1 July
Ross & Cromarty Committee, 3 August
Gaelic Implementation Group, 11 August
Planning, Development & Infrastructure Committee, 17 August
Community Services Committee, 18 August
*Lochaber Committee, 23 August
*Resources Committee, 24 August
*Education, Children & Adult Services Committee, 25 August
Sutherland County Committee, 30 August
Caithness Committee, 31 August
City of Inverness Area Committee, 1 September

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

Members are advised that Mr A Duffy has now re-joined the SNP Group. On that basis, the political make-up of the Council is as follows:-

Independent – 32/SNP – 19/Liberal Democrat – 12 /Labour – 7/Highland Alliance – 6/Non Aligned - 3

The formula in respect of the number of places on Strategic Committees remains as 9/5/4/2/2.

In this regard, revised Committee memberships will be tabled at the meeting.

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 A Baxter

To the Chair of the Planning, Development & Infrastructure Committee

“Can I have an update on your discussion about an A830 extension at the most recent joint meeting between Highland Council and Transport Scotland?”

The response is circulated.

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

(ii) Mr G Farlow

To the Leader of the Council

“How will the Council support UNESCO currently designated and other aspiring territories and how will the Council seek to achieve the United Nations 17 goals for sustainability?”

The response is circulated.

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

(iii) Mr A Christie

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

“Could you detail and explain - in reference to the projected underspend in 2016/17 on the following areas – the staff numbers as a full time equivalent, the post title, the reason why the post has not been filled (e.g. hard to recruit to, vacancy management, etc), the geographic spread of the underspend, the annual number of client cases normally carried by a full time worker if applicable and the impact upon our service users (adults and children) of not filling the position including any detriment to care plans or service users outcomes. If the projected underspend does not relate to salaries, please detail the reason for the underspend –

Education Services – Primary Schools - £198k
Adult Services – Other Leisure Services - £58k
Children’s Services – Family Teams - £643k
Children’s Services – Other Services for Children - £150k

(These figures cover the period from 1 April 2016 to 30 June 2016)

In 2015/16, the budget line ‘Children’s Services – Childcare and Early Learning’ showed an underspend of £1,391k. In 2016/17, it is being projected as fully spent, even with an increase of budget of £330k to a total budget of £15,363k. What factors indicate that this will be the case and not an underspend as in the previous year?”    

The response is circulated.

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

(iv) Mr A Christie

To the Chair of the Resources Committee

“Can you advise how the projected savings regarding the Council’s budget in 2017/18 with regard to Sickness Absence - managing sickness returns (£500,000) and Schools Energy (£531,221) were arrived at and can you state today what the financial performance against these target savings have been financial year to date?”

The response is circulated.

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

(v) Mr T Prag

To the Chair of the Planning, Development & Infrastructure Committee

“Do you agree with me that a growing and vibrant economy in the Highlands is even more important to the wellbeing of the people who live here in times of uncertainty and reducing public funding. Since becoming the lead member for Economic Development and Regeneration, have you formed a view on what are the key issues for economic growth development in our area which you will be championing in the next 8 months?”

The response is circulated.

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

(vi) Mr A Graham

To the Leader of the Council

“Inverness & Highland City-Region Deal: how much City-Region Deal funding has been received by the Council to date, how much has been spent to date, please provide details of the expenditure to date and how much funding is expected to be received in the 2016-17 financial year?”

The response is circulated.

Mr Graham 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 –

“This Council calls upon the Government to make fair transitional state pension arrangements for all women born on or after 6 April 1951 who have unfairly borne the burden of the increase to the State Pension Age with lack of appropriate notification. Hundreds of thousands of women had significant pension changes imposed upon them by the Pensions Act of 1995 and 2011 with little or no personal notification of the changes. Some women had only 2 years of notice of a 6 year increase to their state pension age.

Many women born in the 1950s are living in hardship. Retirement plans have been shattered with devastating consequences. Many of these women are already out of the labour market - caring for elderly relatives, providing childcare for grandchildren or struggling to find employment after having suffered discrimination in the workplace.

Women born in this decade are suffering financially. These women have worked hard, raised families and paid their tax and national insurance with the expectation they would be financially secure when reaching 60. It is not the pension age itself that is in dispute, it is widely accepted that women and men should retire at the same age.

The issue is that the rise in the women’s state pension age has been too rapid and has happened without sufficient notice being given to those affected. This has left women with no time to make alternative arrangements.”

Signed: Mrs D MacKay, Mrs B McAllister

“That, from 1 January 2017, Highland Council meetings include a 20 minute time allocation for questions from members of the public.

That the Chief Executive drafts the necessary changes to Standing Orders to accommodate the following intentions – each member of the public is permitted to ask one oral question per Council which must be notified in writing no later than noon on the Friday preceding the meeting. Each question must be delivered at the meeting exactly as submitted. One supplementary question will be allowed.

Below are the criteria for questions:

No question will exceed 1 minute
The question must refer to an issue which affects the Highland Council area or falls within the Council’s responsibilities
The question must not be substantially the same as a question which has been put at a meeting of the Council in the past 6 months
The question must not be defamatory, frivolous, vexatious or offensive
The question must not require the disclosure of confidential or exempt information
The question must not refer to individual planning or licensing matters or any matter of a personal nature.”

Signed: Mr A Christie, Mr A Graham, Mrs C Caddick         

11. Redesign of the Highland Council 
Ath-dhealbhadh Chomhairle na Gàidhealtachd

There is circulated Report No. HC/33/16 dated 30 August 2016 by the Chief Executive which describes the process undertaken by the Redesign Board to conclude Phase 2 of its work and it sets out proposals to take forward Phase 3.  The Board recommends a long list of around 120 functions to review as well as the approach to undertaking the reviews. It describes further action to ensure redesign is an inclusive process, for staff, communities and partners.  The Board seeks authority to decide the reviews to be undertaken in 2016/17 so that the timescales set by the Council for the Board are met.

In this regard, Booklet A and Booklet B are circulated separately.

There are also circulated Minutes of Meeting of the Redesign Board held on 21 June which have been approved by the Board.

The Council is asked to note:-

i. that by meeting through the Summer recess the Board is on target with Phase 2 of its work concluding and Phase 3 ready to progress;
ii. that the approach to Phase 3 will demonstrate the values of challenging, open to ideas, participating and empowering;
iii. the wide range of Council functions identified and the extent to which they are statutory or discretionary as shown in Booklet A;
iv. that a communications plan is in use for staff on concluding Phase 2 and getting Phase 3 underway and that the Board will continue with the ways to engage staff as listed in paragraph 4.17;
v. the positive feedback from community planning partners to engage with redesign as described in Appendix 3 with further opportunities to engage as set out in paragraph 4.23;
vi. that the Board will agree how to engage with the public on redesign, including with the public in general, with representative groups across communities and with those using the services in scope for review in 2016/17;
vii. that the Board will continue to meet fortnightly through October and to cover the topics set out in paragraph 5.1;
viii. the implications set out in section 6 of the report; and
ix. that a progress report will be provided for the Council in October 2016.

The Council is also asked to agree:-

i. the long list of functions recommended for review as set out in Booklet B, noting they cover both statutory and discretionary functions and are spread across all Council services;
ii. that the long list of reviews is prioritised by the Board during September taking into account the factors listed in paragraph 4.5 and for the Board to decide the functions for review in 2016/17;
iii. reviews should include the range of options for service delivery included in paragraph 4.9, other than for those identified by the Board to have a narrower focus e.g. on charges and income;
iv. reviews are carried out internally through to 2017/18 and beyond and internally through challenge and review teams identified by the Chief Executive, with scope for external support where appropriate as described in paragraph 4.13;
v. while reviews will be scrutinised by the Redesign Board for proposals to be made to Council, given the pace of work required some reviews may benefit from decisions to be made elsewhere e.g. delegated to a Committee, to the Board or to officers and if so this would be recommended to Council; and
vi. that the Council hosts an event in the autumn involving community bodies, partners and Government to agree new action to support community bodies to do more in and with their communities.

12. Commission on Highland Democracy – Update 
Coimisean air Deamocrasaidh Gàidhealach

There is circulated Report No. HC/34/16 dated 24 August 2016 by the Acting Head of Policy which provides an update on progress to establish an independent Commission on Highland Democracy. The commission could be launched in mid-September, which would allow the findings and final recommendations of the Commission to be published in May 2017.

The Council is asked to note:-

i. the progress being made with the establishment of an independent Commission on Highland Democracy;
ii. its proposed launch in mid-September;
iii. that six Members representing all groups within the Council will be invited to take part;
iv. that an interim report is expected in early 2017, with final recommendations expected following the Local Government Elections in May 2017; and
v. that the Council can continue to support the Commission by providing the secretariat and a small budget which will be met from existing budgets to enable community and stakeholder engagement as agreed in March 2016.

13. Corporate Performance Report 2015-16
Aithisg Coileanaidh Corporra 2015-16

There is circulated Report No. HC/35/16 dated 30 August 2016 by the Chief Executive which provides an assessment of Council performance against the Corporate Plan which is the performance framework for the Council’s Programme and covers the period from 1 April 2015 to 31 March 2016. 

In this regard, the Corporate Performance Report is circulated separately.

Members are asked to note the good progress being made with delivery of the Council’s Programme and await a further report on Statutory Performance Indicators and the Local Government Benchmarking Framework no later than March 2017.

14. Social Impact Pledge
Gealltanas Buaidh Shòisealta

There is circulated Report No. HC/36/16 dated 26 August 2016 by the Chief Executive which outlines a request from the Scottish Government for Local Authorities to sign up to the Social Impact Pledge.

The Council is asked to agree to sign up to the Social Impact Pledge and the commitments identified at Section 3 within the report as the mechanism for delivering on the Pledge.

15. Dementia Friendly Highland Working Group: Action Plan
Buidheann Gnìomh Dàimheil na Gàidhealtachd airson Seargadh Inntinn: Plana Gnìomha

There is circulated Report No HC/37/16 dated 24 August 2016 by the Acting Head of Policy which provides recommendations on how the Council can work towards becoming a dementia friendly organisation and help to promote dementia friendly communities in Highland.

The Council is asked to note the progress made by the Dementia Friendly Working Group, the actions taken to date and the commitment to engage with all Council Services, partner agencies and organisations.

The Council is also asked to agree the attached Action Plan for 2016-17 and the proposal for the Working Group to continue and report annually to the Communities and Partnerships Committee.      

16. Application to Capital Discretionary Fund 2016/17
Maoin Calpa Fo Ùghdarras 2016/17

There is circulated Report No HC/38/16 dated 29 August 2016 by the Director of Finance which seeks consideration of an application for funding of £50,000 from the Capital Discretionary Fund from the Fort Augustus and Glenmoriston Community Company towards the cost of rebuilding the Medical Centre in Fort Augustus.

The Council is asked to consider the application as circulated.

17. Caithness & North Sutherland Fund
Maoin Ghallaibh & Chataibh a Tuath

The Caithness & North Sutherland Fund was established by the Nuclear Decommissioning Authority and Dounreay Site Restoration Ltd to distribute funding to community organisations for projects that will increase the attractiveness of Caithness and North Sutherland as a place to live, work and invest with particular emphasis on achieving environment, social, culture and infrastructure improvements.

Three Members were appointed to the Fund by the Council in 2012 (two Members from Caithness Wards and one Member from the North West & Central Sutherland Ward). In this regard, Ms Gail Ross has now intimated that she wishes to step down.

The Council is therefore asked to appoint 1 Member from one of the Caithness Wards as detailed.

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

Members will be aware that an annual review of Standing Orders is a requirement of the Council’s Code of Corporate Governance. In this regard, it is suggested that no further changes are necessary at this time.

The Council is asked to agree that there is no requirement for any change to the current Standing Orders Relating to the Conduct of Meetings.

19. 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    

There is circulated Report No. HC/39/16 dated 25 August 2016 by the Depute Chief Executive/Director of Corporate Development which outlines amendments to the Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers.

Annual Review of the Scheme of Delegation is a requirement of the Council’s Code of Corporate Governance.

The Council is asked to agree the proposed amendments to the Scheme of Delegation as detailed on the basis that an amended copy will be circulated to all Members in due course.

20. Timetable of Meetings for 2017
Clàr-ama Choinneamhan

There is circulated Draft Timetable of Meetings for 2017.

The Council is asked to agree the proposed dates for meetings up to and including April 2017.

The Council is also asked to agree in principle the proposed dates for meetings for the remainder of 2017 on the basis that they will be submitted to the new Council for formal approval in May 2017.   

21. 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 June 2016 is available in the Members’ Library and on the Council’s Website.