Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 9 March 2017 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 by Ms E Smart, Consultant in Public Health, NHS Highland, on the Annual Report for 2016.  

In this connection, the Annual Report has been circulated separately and can be read in full on the NHS Highland website.

4. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There are submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 15 December 2016 and the Minutes of the Special Meeting held on 16 February 2017 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:-

Isle of Skye & Raasay Committee, 19 December
*Ross & Cromarty Committee, 12 January
*Lochaber Committee, 18 January
Planning, Development & Infrastructure Committee, 25 January
*Education, Children & Adult Services Committee, 26 January
Pensions Committee, 1 February
Gaelic Implementation Group, 1 February
*Resources Committee, 8 February
Communities & Partnerships Committee, 9 February
Caithness Committee, 14 February
Community Services Committee, 15 February
Nairnshire Committee, 20 February
Sutherland County Committee, 22 February
*City of Inverness Area Committee, 23 February
Isle of Skye & Raasay Committee, 27 February
Education, Children & Adult Services Committee, 1 March
Audit & Scrutiny Committee, 2 March

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 30 November 2016.

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

The Council is asked to agree the following – 

South Planning Applications Committee – Mrs K Stephen to become a Substantive Member for Ward 18  

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

There is circulated Report No. HC/3/17 dated 1 March 2017 by the Chief Executive which sets out the final recommendations from the Redesign Board for the redesign of the Council. This concludes the six phases of work of the Redesign Board. It is recognised that the redesign proposed should be a continuous process with some recommendations for this Council to take forward while others can be endorsed as recommendations for consideration by the new Council.  

In this regard, there are also circulated Minutes of Meeting of the Redesign Board held on Tuesday, 28 February 2017.

Members are asked to agree the following:-

1. The redesign statement at Appendix 1 already agreed by the Council is presented to the new Council for approval and implementation;
2. The statement of purpose, values and outcomes already agreed by the Council is amended as highlighted at Appendix 2 and is presented to the new Council for approval.
3. That it is noted that the booklets listing all Council functions and their prioritisation agreed at the Council meeting in September 2016 are used for the induction of new Members after the May election, for identifying future areas for review and for informing the redesign of our governance and service structures to be considered by the new Council.
4. That the review recommendations listed in Appendix 3 are agreed by the Council to enable function redesign.  It can be noted that as further review work is undertaken further recommendations would come to the new Council to consider. 
5. That the Council endorses the approach to being more commercially minded as described in Paragraphs 5.6 to 5.11 as a way of sustaining services and jobs across the region. It recommends to the new Council the creation of a Commercial Board as part of its governance arrangements.
6. That stopping or withdrawing services cannot be ruled out if they are discretionary and no longer affordable; however before considering this as an option and where the service is valued we should first do checks for efficiency, alternative ways of delivering the service, income potential to sustain it, reducing service levels and using the Audit Scotland framework for stopping services.
7. That the Council endorses the development of the Community Gateway idea through the Community Planning Partnership. This would provide a support or brokerage service to encourage further community action. It would be one way to support the attitudinal change sought and demonstrate the Council being more community-minded.
8. That the current elements of the redesign change programme for staff and Members detailed in Paragraph 7.2 are endorsed and that the programme continues to develop with early attention to the support required for localism and public participation objectives and any structure changes; 
9. That the Council endorses the proposals for governance as set out in Paragraph 8.4 and recommends it to the new Council with the detail to be developed;
10. That the new Council sets up a successor to the Redesign Board to continue and develop the programme of redesign.
11. That the Chief Executive is tasked by the Council to develop proposals for the structure and management of Council operations, based on the criteria set out in Paragraph 8.6. This should include the process and timescale for implementing the redesigned structure and be recommended to the new Council.
12. That Officer time to support redesign is continued through to the end of June 2017 at a cost of £7,000 and to support the Commission on Highland Democracy of up to £5,000. This is within the budget set for 2016/17.  This would enable the activities in Paragraph 9.1 to be taken forward.

9. Commission on Highland Democracy – Interim Report  
Coimisean air Deamocrasaidh na Gàidhealtachd – Cunntas às Ùr

There is circulated Report No. HC/4/17 dated 27 February 2017 by the Acting Head of Policy which introduces the interim report of the Commission on Highland Democracy.

In this regard, the Chair of the Commission, Mr Rory Mair, will be in attendance at the meeting and the Commission’s interim report has been attached as Appendix 1 to the report.

The Council is asked to note progress as detailed.

10. Presentation – District Assessor – 2.00pm 
Taisbeanadh – Measadair Sgìre – 2.00f

A Presentation will be undertaken at the meeting by Mr B Gillies, District Assessor, on Non Domestic Rates.   

11. Midwifery and Mental Health Projects delivered by Citizens Advice Bureaux         
Biùrothan Comhairleachaidh a’ Phobaill – Maoineachadh Pròiseict Eadar-amail

As agreed at the Resources Committee meeting on 8 February, there is circulated Report No. HC/5/17 dated 24 February 2017 by the Director of Finance which provides an update in respect of the funding arrangements to Citizens Advice Bureaux for the delivery of two projects – Mental Health and Midwifery – to provide appropriate money and welfare advice for pregnant mums and those experiencing mental ill health. 

Members are asked to note:-

(i) that the Council’s core contract with Citizens Advice Bureaux is entering its final year and has a contract value of £1,217,465 which includes Welfare Mitigation funding of £102,804 per annum;
(ii) that the Council has provided project funding of £116,759 during 2016/17 for the delivery of the Mental Ill health and Midwifery projects;
(iii) whilst some Bureaux had external funding streams to deliver mental ill health projects at the time that the Council’s funding was initially approved, those funding streams have since terminated;
(iv) NHS Highland is unable to provide a contribution of funding to support these projects from 1 April 2017; and 
(v) the Council’s current funding for both projects is due to terminate on 31 March 2017.

Members are asked to agree whether to continue funding one or both projects from 1 April 2017 for a period not exceeding the term of the Council’s core contracts i.e. to 31 March 2018.

Members are also asked to agree the funding source in the event that these projects are supported during 2017/18.          

12. Long Term Management - Crown Estate in Scotland 
Co-chomhairle air Àm ri Teachd Oighreachd a’ Chrùin

There is circulated Report No. HC/6/17 dated 27 February 2017 by the Director of Development & Infrastructure which introduces the Scottish Government’s consultation on the long term management of the Crown Estate in Scotland, highlights key proposals and provides a copy of the Council’s draft response for consideration. 

Members are asked to comment on and approve the draft response as circulated. 

13. Local and National Statutory Performance Indicators 2015/16
Comharran Coileanaidh Reachdail agus Slatan-tomhais Nàiseanta 2015/16
    
There is circulated Report No. HC/7/17 dated 14 February 2017 by the Chief Executive which provides information on the outcome of local and nationally benchmarked Statutory Performance Indicators for 2015/16. 

The Council is asked to note and comment on the out-turn of the Indicators for 2015/16 and where relevant their national benchmark position.

The Council is also asked to agree that reports be submitted to Strategic Committees at the next cycle to provide detailed analysis of the Indicators and improvement actions and to note the changes to Audit Direction for 2016/17 forward.  

14. How Councils Work - Roles and Working Relationships in Councils: Are You Still Getting It Right? 
Mar a tha comhairlean ag obair – Dreuchdan agus dàimhean obrach ann an comhairlean: a bheil sibh ga fhaighinn ceart fhathast?

There is circulated Report No. HC/8/17 dated 10 February 2017 by the Depute Chief Executive/Director of Corporate Development which confirms that the Accounts Commission has published a report prepared by Audit Scotland titled ‘How Councils Work’ which is a follow up to the report published in 2010 on ‘Roles and Working Relationships in Councils – Are You Getting It Right?’.

The Accounts Commission report has been circulated separately and can be accessed on the Audit Scotland website.

In this regard, the report provides a summary of the key issues highlighted and revisits the main themes within the challenges currently being experienced by Councils, as well as making suggestions for actions which the Council should take which are particularly relevant within the context of the preparation for the new Council in May 2017.    

Members are asked to endorse the key issues and themes arising from the Accounts Commission report, the good practice already in place within the Council and the future actions to be taken to continue to promote good governance within the new Council from May 2017 onwards.

15. Highland Armed Forces Community Covenant Update 
Aithisg mu Chùmhnant Bhliadhnail nam Feachdan Armaichte

There is circulated Report No. HC/9/17 dated 22 February 2017 by the Depute Chief Executive/Director of Corporate Development 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 continued work of the Highland Armed Forces Community Covenant Partnership undertaken to date and endorse the future priorities outlined at Section 9 of the report.  

16. High Life Highland – Appointment of Independent Directors
High Life na Gàidhealtachd – Comataidh Ainmeachaidh 

The Council is advised that recommendations have been received from the High Life Highland Nominations Committee in relation to the position of Independent Director as follows – 

Mr Donald McLachlan to be re-appointed
Ms Tracy Ligema to be appointed
The Council is asked to agree these recommendations as detailed. 

17. Highland Opportunity Limited – Appointment of Single Interim Director
Cothrom na Gàidhealtachd Earranta – Cur an Dreuchd Stiùiriche Singilte Eadar-amail

In terms of the Local Government (Scotland) Act 1973, Councillors appointed (by the Council) to be members of a company, board, etc. cease to be members of that body on polling day.

In this regard, the Board of Highland Opportunity Limited (and its subsidiary companies) is comprised solely of Council Directors. 

It is therefore proposed that from 4 May 2017 and until the Council formally appoints (or re-appoints) Councillors to these Boards, the Director of Development and Infrastructure should be appointed as the Single Interim Director for Highland Opportunity Limited (and its subsidiary companies).

18. Ship to Ship Oil Transfer Scheme
Sgeama Gluasad Ola o Long gu Long

Members are advised that the revised Ship to Ship Oil Transfer Scheme proposals from the Cromarty Firth Port Authority have not yet been submitted to the Maritime & Coastguard Agency.

On that basis, and as agreed at the Council meeting on 15 December 2016, a further update will be presented to a future meeting in due course.

19. Notices of Motion
Brathan Gluasaid

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

‘The Council agrees that if the Cromarty Firth Port Authority, also known as the Port of Cromarty Firth, submit their application for ship to ship oil transfers prior to the Local Authority Elections on 4 May 2017, the Chair of the Planning, Development and Infrastructure Committee will call a special working group meeting of Councillors from around the Cromarty and Moray Firth Wards so Local Members can influence the Highland Council submission’.

Signed: Mrs L MacDonald, Mr C Fraser, Mrs G Sinclair, Mr S Fuller, Mr L Fraser, Mr M Green, Mrs T Robertson, Mr R Balfour 

‘We, the undersigned, ask Highland Council to request NHS Highland to have an independent review into the processes used in their decision to change to a midwife led maternity service in Caithness and North Sutherland.

In addition, we ask for immediate attention to be given to the many unsatisfactory issues that are evident with the delivery of the new service, be that transport, welfare, expense and accommodation, etc.

In addition, that a forum is created to discuss the operation of the policies and management of risk involved in the management of the new service.

The latter two requests require a Chair to be from the community or an Elected Member.

Signed: Mr B Fernie, Mr M Reiss 

‘The Highland Council welcomes the additional business rates support measures announced by the Scottish Government on 21 February 2017. However, these additional measures are only for one year and seek to address just one of the significant concerns of the current rates system which the current revaluation exercise has exposed.

These very real concerns include the role and accountability of the Assessors across Scotland, frequency of revaluations, transparency and scrutiny of Rateable Values calculations and notice of formal rateable value changes to stakeholders.

In addition, how the Scottish Government sets policy regarding exemptions, rate poundage, small business bonus scheme, higher tax supplement questions, the link between a system for tax generation and economic development policy.

The Highland Council urges the Scottish Government to complete their review (Barclay Review) of business rates and discuss the outcomes with local authorities as a matter of urgency’.

Signed: Mrs M Davidson, Mrs H Carmichael, Mr J Crawford, Miss J Campbell

20. Recess Powers
Cumhachdan Fosaidh

The Council is asked to agree that during the period from 10 March to 3 May 2017 inclusive, powers should be delegated to the Chief Executive, Depute Chief Executive/Director of Corporate Development and Directors, in consultation with the Convener, Leader of the Council, Leader of the Opposition and relevant Chair, to deal with business arising during that time.

The Council is also asked to agree that during the period from 4 May to 17 May 2017 inclusive, powers should be delegated to the Chief Executive to deal with business arising during that time.

Members are asked to note that a report will be prepared for the first meeting of the Council or the relevant Committees following these periods where the powers have been exercised.

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 15 December 2016 is available in the Members’ Library and on the Council’s Website.

22. Exclusion of the Public
Às-dùnadh a’ Phobaill

The Council is asked to resolve that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public should be excluded from the meeting for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 6, 8 & 9 of Part 1 of Schedule 7A of the Act.

23. Land and Property
Talamh is Seilbh

(a) Land and Property Report

There is circulated to Members only Report No. HC/10/17 dated 24 February 2017 by the Director of Development & Infrastructure.  

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

(b) Potential Sale

There is circulated to Members only Report No. HC/11/17 dated 28 February 2017 by the Director of Development & Infrastructure.

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

24. Equal Pay
Pàigheadh Co-ionann

There is circulated to Members only Report No. HC/12/17 dated 20 February 2017 by the Depute Chief Executive/Director of Corporate Development.

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

25. Business Case for Commercial Proposal
Cùis Gnothachais airson Moladh Malairteach

There will follow to Members only Report No. HC/13/17 by the Commercial Manager.