Agendas, reports and minutes

Highland Council

Date: Thursday, 1 June 2017

Agenda: Read the Agenda

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 1 June 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
A’ 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. Confirmation of Minutes
Daingneachadh a’ Gheàrr-chunntais

There are circulated for confirmation Minutes of Meeting of the Council held on 18 May 2017.

4. Committee Structure/Remuneration/Appointments
Structar na Comataidh/Ìocadh/Cur an Dreuchd

(a) Committee Structure/Governance Arrangements

There is circulated Report No. HC/15/17 dated 23 May 2017 by the Chief Executive.

Members are asked to agree:-

  • the proposed governance arrangements for 3 Strategic Committees and their Policy Development Groups;
  • the remits for the 3 Strategic Committees and the revised remit for Council; and
  • the continuation and resourcing of a Redesign Board.

Motion from the Administration – the Leader and Depute Leader of the Council will move, on behalf of the Administration, establishment of the Committee Structure as follows –

(i) Strategic Committees

Corporate Resources Committee
Places Committee
People Committee

(All of the above will comprise 25 Members and will meet quarterly)

(ii) Pensions Committee – 11 Members – half yearly meetings

(iii) Pensions Board – 2 Members – half yearly meetings – and 1 representative from Comhairle nan Eilean Siar, 1 representative for the other Employers and 4 Trade Union representatives

(iv) Audit & Scrutiny Committee – 25 Members – quarterly meetings

(Nominations from the Groups in accordance with the agreed formula will be tabled at the meeting).

(v) Local Committees – quarterly meetings

Badenoch & Strathspey Area Committee
Caithness Committee
City of Inverness Area Committee
Isle of Skye & Raasay Committee
Lochaber Committee
Nairnshire Committee
Ross & Cromarty Committee
Sutherland County Committee

(vi) Regulatory Committees

North Planning Applications Committee (17 Members – 8 meetings per year)
South Planning Applications Committee (15 Members – 8 meetings per year)

Planning Review Body (PRB) (9 Members – 7 meetings per year)

Highland Licensing Committee (12 Members – 8 meetings per year)
Highland Licensing Board (10 Members - 8 meetings per year)

(b) Remuneration for Senior Member posts

(i) Remuneration for position of Convener
(ii) Remuneration for position of Leader of the Council
(iii) Remuneration for position of Depute Leader of the Council
(iv) Remuneration for position of Leader of the Opposition

The Administration will also move the establishment and remuneration of the remaining Senior Member Posts at the meeting.

(c) Appointment of Office Bearers

Nominations for the remaining Senior Member posts will be moved by the Administration at the meeting.

5. Appointment of Members to Planning Application Committees
Cur Bhall an Dreuchd gu Comataidhean Iarrtais Dhealbhaidh

It is recommended that membership of Planning Application Committees should comprise 1 Member from each 3 Member Ward and 2 Members from each 4 Member Ward as follows -

North Planning Application Committee (Wards 1-11) – 17 Members
South Planning Application Committee (Wards 12-21) – 15 Members

(In accordance with the above, nominations will be tabled at the meeting for approval).

6. Appointment of Members to the Planning Review Body
Cur Bhall an Dreuchd chun na Buidhne Ath-bhreithneachaidh Dealbhaidh

It is recommended that membership of the Planning Review Body should comprise 9 Members as follows –

3 Members from Wards 1, 2, 3, 4, 6, 7 & 9
3 Members from Wards 5, 8, 10, 11, 12, 20 & 21
3 Members from Wards 13, 14, 15, 16, 17, 18 & 19

(In accordance with the above, nominations will be tabled for approval).

7. Appointment of Members to the Highland Licensing Committee and Highland Licensing Board
Cur Bhall an Dreuchd gu Comataidh Ceadachd na Gàidhealtachd agus Bòrd Ceadachd na Gàidhealtachd

It is recommended that membership of the Highland Licensing Committee should comprise 12 Members as follows –

4 Members from Wards 1, 2, 3, 4, 6, 7 & 9
4 Members from Wards, 5, 8, 10, 11, 12, 20 & 21
4 Members from Wards 13, 14, 15, 16, 17, 18 & 19

(In accordance with the above, nominations will be tabled for approval).

It is recommended that membership of the Highland Licensing Board should comprise 10 Members - drawn from the membership of the Highland Licensing Committee – and nominations in this regard will be sought at the meeting.

It should also be noted that mandatory training for Licensing Board Members will be undertaken on Tuesday, 6 June 2017 at Headquarters.

8. Appointments to Highland and Western Isles Valuation Joint Board
Cur an Dreuchd gu Co-Bhòrd Luachaidh na Gàidhealtachd agus nan Eilean Siar

The Council is required to appoint 8 substantive and 8 substitute Members to the Highland and Western Isles Valuation Joint Board.

(Nominations, in accordance with the agreed formula, will be tabled at the meeting).

9. Local Negotiating Committee for Teaching Staff (LNCT)
Comataidh Barganachaidh Ionadail airson Luchd-obrach Teagaisg

It is proposed that the membership of the LNCT should comprise the Chair and Vice Chair of the People Committee, the Chair and Vice Chair of the Resources Committee plus 3 other Members of the People Committee – 7 Members in total.

The Council is asked to approve the membership of the LNCT as tabled.

10. Appeals Committees
Comataidhean Ath-thagraidhean

Members are advised that they are required to sit on Appeals Committees from time to time to deal with appeals against the refusal of placing requests or the exclusion of pupils from school in accordance with S28D (1) of the Education (Scotland) Act 1981. Membership is drawn from all Members of the Council, will include persons who are not Members of the Council and will vary according to the nature and location of the appeal. The Appeals Committee cannot be chaired by a Member of the People Committee.

Members are asked to note the position as detailed and that training will require to be undertaken before involvement in appeals.

11. Standing Orders Relating to the Conduct of Meetings
Gnàth Riaghailtean a’ Buntainn ri Giùlan Choinneamhan  

Members are advised that the attachment highlights the changes required to the Council’s Standing Orders Relating to the Conduct of Meetings following agreement of the proposed changes to the Committee structure of the Council and the titles of Senior Member posts.

In this regard, a revised version of the Standing Orders is attached and the proposed changes have been highlighted in italics.

It should be noted that the annual review of Standing Orders is undertaken annually, normally in September.

Members are asked to agree the amendments to Standing Orders as detailed.

12. Convention of Scottish Local Authorities (CoSLA)
Co-chruinneachadh Ùghdarrasan Ionadail na h-Alba

Election of President and Vice President

Members are advised that there will be a meeting of the CoSLA Convention on 30 June 2017 at which the President and Vice-President will be appointed from the nominations received. Nominations require to be notified to CoSLA three weeks prior to the election taking place.

The Council is therefore invited to consider whether it wishes to make any nominations in respect of the President or Vice President of CoSLA.

Appointment of Membership

The Council has been invited to appoint 5 Members to the Convention.

(Nominations, in accordance with the agreed formula, will be tabled).

13. Appointment – NHS Highland Board
Cur an Dreuchd – Bòrd NHS na Gàidhealtachd

The Council has been invited to nominate a Senior Member to serve on the Board of NHS Highland. This nomination will require to be approved by the Cabinet Secretary.

In this regard, the Administration will move that Mrs D MacKay should be nominated.

14. Appointments to Companies
Cur an Dreuchd gu Companaidhean

(a) Highland Opportunity (Investments) Limited
Cothrom dhan Ghàidhealtachd (Tasgaidhean) Earranta

Highland Opportunity (Investments) Limited is a company which creates and sustains employment in the Highlands through investment in businesses and community enterprises.

The role of Directors is to consider individual investment proposals and decide on their merit and to set out the strategic policy of the company. In this regard, it is considered desirable for Directors to have appropriate business orientated experience. There are no external appointments. There are 6 meetings held during the year.

In this regard, there is circulated Role Profile and Skills Set for Directors.

The Council is asked to appoint 9 Members to Highland Opportunity (Investments) Limited.

(b) High Life Highland
High Life na Gàidhealtachd

High Life Highland is a company limited by guarantee (with charitable status) set up by the Council to undertake the delivery of community learning and leisure activities. High Life Highland also has a wholly owned trading subsidiary. The Board of Directors of the main charitable company comprises four Council Directors and eight independent Directors. The Board of Directors of the main trading subsidiary comprises six Directors, four of whom also serve on the Board of the main charitable company.

The role of Directors is to contribute effectively to the work of the Board and to utilise the necessary business skills in regard to the development of the company, including financial, legal, personnel, marketing, ICT, property and general management issues. It is desirable that Directors have experience in leading a team within a company or community organisation and an understanding of corporate governance issues. There are 4 meetings of the main charitable company during the year.

In this regard, there is circulated Role Profile and Skills Set for Directors.

The Council is asked to appoint 4 Members to High Life Highland.

(c) Eden Court Highlands
Cùirt Eden

Eden Court Highlands is a company limited by guarantee and also a registered charity which promotes, maintains, improves and advances public interest in the Arts. The role of Directors is to maintain, manage and control the Eden Court Theatre complex in Inverness. In addition to meetings of the Eden Court Board, there are a number of Sub-Committee meetings which are held regularly. In addition to Council membership, there are 8 external appointments and 6 meetings held during the year.

In this regard, there is circulated Report No. HC/16/17 dated 24 May 2017 by the Depute Chief Executive/Director of Corporate Development, together with proposed amendments to the Memorandum and Articles and Association and Job Description.

The Council is asked to agree the amendments to the Company’s Memorandum and Articles of Association and that the Chief Executive or their nominee approve the text of the required Special Resolution and sign it on the Council’s behalf.

The Council is also asked to appoint 2 Members to the Board of Directors of Eden Court Highlands.

(d) Highland Buildings Preservation Trust
Urras Gleidheadh Thogalaichean na Gàidhealtachd

Highland Buildings Preservation Trust is a company limited by guarantee and also a registered charity which restores and returns to use the built heritage of the Highlands and Islands in order to secure a viable, sustainable and appropriate end use for each building and to ensure the ongoing care and preservation of buildings for future generations. The role of Directors is to ensure that the main objectives of the Trust are implemented through the acquisition and preservation of derelict historic buildings and the re-use of any proceeds from the sale of restored buildings on a revolving basis to tackle other projects.

In addition to Council membership, there are 8 external appointments and 6 meetings held during the year.

The Council is asked to appoint 2 Members to the Highland Buildings Preservation Trust.

(e) Nigg Skills Academy
Acadamaidh Sgilean Neig

Nigg Skills Academy is a company limited by guarantee which was launched by the Scottish Government in 2012 to provide an annual throughput of modern apprentices in engineering trades. It takes on trainees every quarter who spend up to twelve weeks at the Skills Academy, amounting to some 600 hours training. Training then continues in the workplace until the trainees have achieved the standard of award for a Modern Apprenticeship.

This is an industry led initiative and Highland Council is one of the ‘standing members’ of the company. In this regard, the Council has a Highland wide remit for the education of young people, can act as a neutral body as it is neither a direct funder or beneficiary of the Skills Academy and has an ongoing interest in employability and tackling youth unemployment.

The Council is asked to appoint 1 Member (with Substitute) to Nigg Skills Academy.

In this regard, the Administration will move that Mr J Gray should be appointed – with the Convener as Substitute.

15. Appointments to Other Bodies
Cur an Dreuchd gu Buidhnean Eile

(a) HiTRANS
HiTRANS

HITRANS is the statutory Regional Transport Partnership for the Highlands and Islands and its membership includes representatives from the five Councils – Highland, Comhairle Nan Eilean Siar, Orkney, Moray and Argyll and Bute. HITRANS works with Councils, the Scottish Government, Highlands & Islands Enterprise, transport operators and other stakeholders to improve transport services in the Highlands and Islands. In addition to the Council appointments, there are three non-Council members who are appointed by the Scottish Government following an open advertisement and selection process.

The Council has been invited to appoint 1 Member (with substitute) to HITRANS.

In this regard, the Administration will move that the Chair of the Places Committee should be appointed – with a Vice Chair as Substitute.

(b) Highland Housing Alliance
Caidreachas Taigheadais na Gàidhealtachd

The Highland Housing Alliance was formed to help address the need for affordable housing in the Highlands with the objectives of operating a revolving landbanking fund to facilitate the construction of affordable housing, carrying out infrastructure works to enable sites to become available as feasible building sites, developing projects to provide housing (for sale and rent) at market or near market levels, organising, packaging and managing joint developments with housing associations and others and undertaking research, development and other work to improve the housing procurement process in the Highlands with specific reference to the sustainable use of locally sourced products.

The Council is asked to appoint 1 Member to the Highland Housing Alliance.

(c) Comunn na Gaidhlig Ltd
Comunn na Gàidhlig Eta

Comunn na Gaidhlig Ltd was established as a co-ordinating Gaelic Development Agency, operating at a local, regional and national level, and the Board of Directors includes representatives from Highland Council, Comhairle nan Eilean Siar, An Comunn Gaidhealach and Highlands & Islands Enterprise.

The Council is invited to appoint 1 Member to the Board of Directors as detailed.

(d) An Comunn Gaidhealach

The Council is advised that a Service Delivery Contract with An Comunn Gàidhealach provides for the Royal National Mod to be held in the Highland area in 2017 and 2020.

In this regard, the Service Delivery Contract contains the following clause in relation to representation - the Service Provider is required to permit an elected representative from the Purchaser to sit on the Board of the Service Provider’s organisation and participate fully in all discussions and decisions relating to the Royal National Mods taking place in Highland, to provide the elected representative with all relevant Board agendas, papers, reports and minutes, to invite the elected representative to attend and participate in Board-led reviews, evaluations or other appraisals and to invite the elected representative to sit on both the National and Local Organising Committees.

The Council is asked to appoint 1 Member as the representative on An Comunn Gaidhealach.

(e) Health & Social Care Committee
Comataidh Slàinte & Cùraim Shòisealta

The Health & Social Care Committee has responsibility for co-ordinating the planning, development and provision of services by NHS Highland with a view to improving these services where possible. This includes the provision of quality, safe and effective care as close to home as possible and ensuring that frontline staff have the opportunity and resources to achieve that objective.
The Committee is also closely involved in community planning, with an emphasis on health & quality improvement, and plays a key role in the modernisation of health care services along with vital participation in partnerships, integration and re-design.

The Council is invited to appoint 3 Members to the Health & Social Care Committee.

(f) Highland Culture Strategic Board
Bòrd Ro-innleachdail Cultar na Gàidhealtachd

The remit of the Highland Culture Strategic Board is to maximise the opportunities to enhance the cultural sector of the Highland Council area through effective collaboration with other organisations.

The Council is invited to appoint 3 Members - the Leader of the Council, Depute Leader and a Member from the People Committee - to the Board.

(g) Children’s Hearings Scotland – Highland & Moray Area Support Team
Èisteachdan Chloinne Alba – Sgioba Taic Sgìreil na Gàidhealtachd & Mhoireibh

The Highland & Moray Area Support Team oversee the functions of the Highland and Moray Children’s Panels.

The Council is asked to appoint 1 Member to the Highland & Moray Area Support Team.    

(h) The Highland Reserve Forces & Cadets Association
Comann Fheachdan & Chaideatan Glèidhte na Gàidhealtachd

The Council has been invited to appoint 3 Members to the Highland Reserve Forces & Cadets Association which is tasked with representing the Reserve Forces (Royal Naval Reserve, Territorial Army and Royal Auxiliary Air Force) and the three service cadet organisations (Sea, Army and Navy) in the area north of the Forth/Clyde line. The Association provides accommodation (TA centres and cadet buildings), support to recruiting, support to employers of reservists and support to the cadets and wider youth initiatives.

The Council is asked to appoint 3 Members to the Highland Reserve Forces & Cadets Association.

(i) Scottish Councils Committee on Radioactive Substances
Comataidh Chomhairlean na h-Alba air Stuthan Rèidio-beò

The Council is asked to appoint 1 Member to the Scottish Councils Committee on Radioactive Substances which was set up by CoSLA, following discussions with the Scottish Government, as a group to co-ordinate the views of Scottish Councils on matters relating to radioactive substances.

The remit of the Group is to act as an interface with the Scottish Government, Scottish Parliament and regulatory bodies as they consult on radioactive waste management and clean-up policy and practice and to influence national policy on radioactive waste management in the interests of the communities affected.

The Council is asked to appoint 1 Member to the Scottish Councils Committee on Radioactive Substances.

(j) Veterans Champion
Curaidh nan Seann Ghaisgeach

The purpose of the Veterans Champion is to create links to proactively make contact with veterans organisations and maintain contact with the Cross Party Group on Armed Forces Veterans within the Scottish Parliament, promote interests to advance veterans interests at a local authority level through assessing the impact that Council initiatives have on veterans and to be a public advocate for veterans in the local authority area.  

The Council is invited to nominate 1 Member as Veterans Champion.

In this regard, the Administration will move that Mr R Balfour should be appointed.

(k) Highlands & Islands European Partnership

The Council is a member of the Highlands & Islands European Partnership (HIEP) which comprises Highlands & Islands Enterprise, the University of the Highlands & Islands and all 7 Local Authorities in the Highlands & Islands. HIEP has traditionally pursued priorities common to all Partners with Europe but as Brexit approaches their role has widened to include domestic engagement to ensure the needs of the Highlands & Islands are recognised as alternative arrangements are developed. HIEP’s activity is overseen by the HIEP Board, which consists of Council Leaders or senior Members and senior representatives from HIE & UHI and which meets quarterly.

Twice a year the HIEP Board meeting dates coincide with meetings of the Scottish Government Highlands & Islands Territorial Committee (HITC) which allows a Highlands & Islands input to the monitoring of European Funding and current practice is that the HIEP Director also attends these meetings immediately before or after the Board meeting.

The Council is asked to nominate 1 Member (with Substitute) to the Partnership who would also attend two HITC meetings per year.

In this regard, the Administration will move that Mr J Gray should be appointed – with the Depute Leader as Substitute.

16. Timetable of Meetings for the remainder of 2017
Clàr-ama Choinneamhan airson na tha air fhàgail de 2017

There is circulated amended Timetable of Meetings for the remainder of 2017 for approval.

Members are asked to note that a proposed Timetable for Meetings in 2018 will be circulated for consideration at the September Council meeting.