Agendas, reports and minutes

Highland Council

Date: Thursday, 29 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, 29 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. Duke of Edinburgh Award Scheme – Gold Award Presentation
Sgeama Duais Diùc Dhùn Èideann – Toirt Seachad na Duais Òir

 
As part of the Duke of Edinburgh Award Scheme, twenty-five young people from across the Highlands are due to receive the Gold Award this year.

Eight recipients have accepted an invitation to attend the meeting where the Convener will present them with their Gold Award badges.

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 1 June 2017 (pp.10-39) as contained in the Volume which has been circulated separately.

Arising from the above, consideration requires to be given to the following:-

Highland Licensing Committee and Highland Licensing Board

(i) Licensing Committee and Licensing Board - Mrs Glynis Campbell-Sinclair and Mr Ian Ramon have now intimated that they wish to withdraw. On that basis, nominations for the vacant places will be tabled at the meeting.

(ii) Licensing Board - Mrs J Barclay has now intimated that she wishes to withdraw. On that basis, nominations for the vacant place (from within the membership of the Licensing Committee) will be tabled at the meeting.

Highland and Western Isles Valuation Joint Board

The Council is asked to agree the following change:-

Substitute Member – Miss J Campbell to replace Mr B Lobban. 

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:-

Corporate Resources Committee, 14 June 
*Places Committee, 15 June
Badenoch & Strathspey Area Committee, 16 June
Caithness Committee, 16 June 
City of Inverness Area Committee, 19 June
Isle of Skye & Raasay Committee, 19 June
Ross & Cromarty Committee, 19 June
People Committee, 21 June
Sutherland County Committee, 23 June
Nairnshire Committee, 23 June
Lochaber Area Committee, 23 June
Audit & Scrutiny Committee, 26 June

6. Establishment and Appointment of Vice Conveners
Steidheachadh agus Cur an Dreuchd Iar Luchd-gairm

Motion from the Administration – the Leader and Depute Leader will move, on behalf of the Administration, the following:-

(i) the establishment of 2 positions of Vice Convener within the Council; and 
(ii) the appointment of Mrs I Campbell and Mr A Henderson to these positions.

7. Strategic Lead for Police and Fire
Ceannard Ro-innleachdail airson Poilis agus Smàladh

Motion from the Administration – the Leader and Depute Leader will move, on behalf of the Administration, the following:-

(i) the establishment of the position of Strategic Lead for Police and Fire; and 
(ii) the appointment of Mr M Reiss to this position.     

8. Question Time
Am Ceiste

The following Questions have been received by the Depute Chief Executive/Director of Corporate Development in terms of Standing Order 42 –

(i) Ms M Smith

To the Leader of the Council 

“What effect did the decision to use primary schools instead of the usual venues as polling places during this year’s elections have on turnout?” 

The response is circulated

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

(ii) Mr R Laird

To the Chair of the People Committee

“How many people aged (a) 16-17 and (b) 18-21 have been placed into temporary accommodation in a B&B or HMO during each of the last five years?”

The response is circulated

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

(iii) Ms M Smith

To the Chair of the Corporate Resources Committee

“How many posts are currently filled on a temporary basis by staff at a rate of at least £100 per day?”

The response is circulated

Ms Smith will be entitled to ask a supplementary question which will be answered by the Chair of the Corporate Resources Committee.       

(iv) Ms K Currie

To the Chair of the Corporate Resources Committee

“What will the additional cost be of the recent instruction given to schools to keep their ICT equipment on at all times?”

The response is circulated 

Ms Currie will be entitled to ask a supplementary question which will be answered by the Chair of the Corporate Resources Committee.

9. Financial Outlook 2018-2023
Sealladh Ionmhasail 2018-2023

There is circulated Report No. HC/16/17 dated 16 June 2017 by the Director of Finance.

Members are asked to:-

(i) consider the financial modelling assumptions;
(ii) note the scale of financial challenge facing the Council over the next five years with a modelled financial gap in the Revenue Budget of between £129.7m and £186.9m;
(iii) note the implications for capital expenditure and the need to review the Capital Plan in light of the Revenue Budget implications and its affordability; and
(iv) agree the need to develop a five year financial strategy linked to the priorities of the Council. 

10. Commission on Highland Democracy   
Coimisean air Deamocrasaidh Gàidhealach

There is circulated Report No. HC/17/17 dated 21 June 2017 by the Acting Head of Policy.

In this regard, Mr Rory Mair, the Chair of the Commission, will be in attendance at the meeting.

The Council is asked to consider and discuss the draft report from the Commission on Highland Democracy as circulated.

11. Redesign proposals for operating more commercially and widening democractic and community participation 
Ath-dhealbhadh – Ionadaileachd agus Bòrd Coimeirsealta

There is circulated Report No. HC/18/17 dated 19 June 2017 by the Chief Executive.

Members are asked to:- 

i. agree the statement of redesign for implementation at Appendix 1.
ii. agree the statement of Council purpose, values and outcomes at Appendix 2, noting that the description of outcomes can be refreshed when the Council’s Programme and priorities are confirmed this year.
iii. note that at the March 2017 meeting the Council endorsed a commercial approach to try to offset future budget reductions and to support services and jobs across the region.  
iv. agree to create a Commercial Board for a step change in income generation and to lead and drive the actions set out in paragraph 4.5. Agree that the Commercial Board reports to Corporate Resources Committee and comprises 5 Members (1 from each Group), 2 senior officers in executive roles and up to 2 external advisors with business expertise to participate voluntarily as non-executives on the Board.
v. note that having listened to community bodies about the support they need to do more in their communities, Council staff time has been offered to develop local web-based Community Gateway information and an App matching volunteers to volunteering opportunities. This offer of support and related issues are being discussed at the Highland CPP Board on 28th June and a verbal up-date will be provided for Members at the Council meeting.
vi. agree that the time is right to try new approaches to widen participation in decision-making. This is supported by the findings from the Commission on Highland Democracy, Redesign work to date, the appetite from community bodies and citizens for more involvement, new Community Partnerships being in place and a proposed national review of local governance expected to call for proposals from localities to identify what to change. 
vii. agree to create proposals for change to local governance with communities, community bodies and where appropriate with partners as described in 6.11 to 6.30, with the new Redesign Board supporting and overseeing progress. 
viii. agree that alongside the proposals above that local committees continue to evolve by:

a. ensuring the right fit between the agendas of strategic and local committees,  in liaison with the chairs of strategic and local committee and using the subsidiarity challenge agreed at the Council meeting in March 2017 and described in paragraph 6.29;
b. further work being done to develop community budgets for local committee areas; 
c. rolling out participatory budgeting further and considering it for mainstream as well as discretionary budgets at a local level.  Specific proposals will be developed for Members to consider in future meetings.
d. developing the working relationship with the Community Partnership in the local area.

ix. note that a further report on taking forward other recommendations from the Redesign Board to the Council is expected for the Council meeting in September, focusing on structure and management of Council operations and any up-date available by then on a proposed national review of local governance.

12. Schools Governance Review Outcome     
Toradh Ath-sgrùdadh Riaghladh Sgoiltean

There will follow Report No. HC/19/17 by the Director of Care and Learning.

13. Local Government in Scotland: Performance and Challenges 2017 
Riaghaltas Ionadail ann an Alba: Coileanadh agus Dùbhlain 2017    

There is circulated Joint Report No. HC/20/17 dated 19 June 2017 by the Depute Chief Executive/Director of Corporate Development and Director of Finance.

Members are asked to consider the issues raised by the report, the actions currently being undertaken by the Council which reflect the recommendations of the Accounts Commission and the personal development requirements as a result of the issues raised.    

14. Annual Accounts for the Year to 31 March 2017 
Aithris Chunntasan Chomhairle na Gàidhealtachd – Ceann-na-bliadhna

There is circulated Report No. HC/21/17 dated 20 June by the Director of Finance.
 
Members are invited to receive the unaudited Annual Accounts for the Highland Council, Highland Charities Trust, Highland Charitable Trust and the Highland Council Pension Fund for the year ended 31st March 2017 and to note that these will be presented to the appointed auditor by the prescribed date of 30 June 2017.

15. Review of Protocols – Webcasting and Videoconferencing
Ath-sgrùdadh air Pròtacalan – Craoladh-lìn agus Co-labhairt Bhidio

There is circulated Report No. HC/22/17 dated 20 June 2017 by the Depute Chief Executive/Director of Corporate Development. 

The Council is asked to consider and agree the proposed changes to the Protocol for Videoconferencing as detailed in italics within Appendix 1 to the report.

The Council is also asked to consider the current Protocol for Webcasting which is attached as Appendix 2 to the report and agree that there are no further changes required at this time.

16. Proposed Amendments to the Scheme of Delegation – Part IV
Atharrachaidhean a Thathar a’ Moladh dhan Sgeama Thiomnaidh – Pàirt IV

There is circulated Joint Report No. HC/23/17 dated 15 June 2017 by the Director of Community Services and the Head of Corporate Governance.

The Council is asked to agree the amendments to Part IV of the Scheme of Delegation which are set out in Appendices 1, 2 and 3 to the report.  

17. Formation of Joint Committee for Roads Collaboration
Cruthachadh Co-Chomataidh airson Co-obrachadh Rathaidean

There is circulated Report No. HC/24/17 dated 9 June 2017 by the Director of Community Services.

The Council is asked to:-

(i) establish a Joint Committee in terms of Section 56 and 57 of the Local Government (Scotland) Act 1973 with Aberdeen City Council, Aberdeenshire Council, Angus Council, Argyll and Bute Council, Comhairle nan Eilean Siar and Moray Council to be known as ‘The Northern Roads Collaboration Joint Committee’;
(ii) empower the Joint Committee by delegating to it the functions outlined in Appendix 1 to the report;
(iii) alter the Scheme of Delegation as outlined in Appendix 1 to give immediate effect to the establishment of the Joint Committee;
(iv) authorise the Head of Corporate Governance to enter into an inter-authority legal agreement with the other member Councils to agree the governance and administrative arrangements for the Joint Committee;
(v) note that the decision on whether a Constituent Local Authority participation in roads collaboration projects will be reserved to the Councils and not delegated to the proposed Joint Committee;
(vi) agree that Aberdeenshire Council take the role of Lead Authority for year 1 of the Joint Committee;
(vii) appoint 2 named Members and 2 named Substitute Members to the Joint Committee; and
(viii) agree that the Places Committee receives an annual report on performance, activities and achievements of the Joint Committee.          

18. Town House Works Programme Phase 3 – High Street, Inverness 
Ceum 3 de Phrògram Obraichean Taigh a’ Bhaile – Àrd-Shràid, Inbhir Nis

There is circulated Joint Report No. HC/25/17 dated 20 June 2017 by the Director of Development & Infrastructure and the Inverness City Manager.

The Council is asked to agree that Phase 3 should include the remaining part of Building One and all remaining sections of the Town House.

The Council is also asked to agree to proceed to tender for Phase 3 in 2017 with a total estimated project cost of £2,300,000 for all the remaining sections of the Town House.      

19. Convention of Scottish Local Authorities (CoSLA) – Executive Boards
Co-chruinneachadh Ùghdarrasan Ionadail na h-Alba – Buidhnean Bòrd

The Council has been invited by the Convention of Scottish Local Authorities to appoint 1 Member to each of the following –  

Health and Social Care Board 
Community Wellbeing Board 
Children and Young People Board 
Environment and Economy Board 
Trading Standards Scotland Board 
Business Gateway Governance Board 

In this regard, nominations from the Administration will be tabled at the meeting. 

20. Cairngorms National Park – Local Authority Nominations to the Park Authority Board 
Pàirc Nàiseanta a’ Mhonaidh Ruaidh – Ainmeachadh Ùghdarrais Ionadail gu Bòrd Ùghdarrais na Pàirce

The Council has been invited to make 2 nominations to be considered for appointment by Scottish Ministers to the Cairngorms National Park Authority Board from 1 October 2017. These appointments will run for five years from 2017 to 2022.

One of the nominees must be ‘local’ as defined in the National Parks (Scotland) Act 2000. In this regard, Ministers may only appoint a person as a local Member if that person’s sole or main residence is within the National Park, or is a Councillor for an electoral ward, or is a member of a Community Council, any part of whose area is in the National Park. Members will be expected to commit 2-3 days per month to the Park Authority’s work.

The Council is therefore invited to nominate 2 Members for submission to Scottish Ministers for appointment to the National Park Authority Board as detailed.

In this regard, nominations from the Administration will be tabled at the meeting.

21. Conference of Peripheral Maritime Regions (CPMR)
Co-labhairt Roinnean Mara Iomallach

The Council is a member of the Conference of Peripheral Maritime Regions which brings together 160 regions from 25 states from the European Union and beyond to campaign in favour of more balanced development of European regions and operates both as a think tank and a lobby for regions. 

As a member, the Council has been invited nominate 1 Member (with Substitute) to the Political Bureau.

22. 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 the year as requested at the last meeting.

Members are asked to agree the amended Timetable as circulated. 

23. Notices of Motion  
Brathan Gluasaid

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

“Highland Council calls on the Scottish Government and Scottish Police Authority to clarify the previous commitment to retain all the current jobs in the Inverness Police Control Room, given the uncertainty caused by recent Scottish Police Authority papers. Additionally, we again urge the Scottish Government to reconsider the decision to close the Inverness Control Room given the persistent reports of problems arising from the recent closure of the SFRS Control Room in Inverness”.

Signed:  Mr M Reiss    Mr H Morrison   Mrs M Davidson

“That this Council recognises the chronic shortage of school places we face now and into the future, with a particular emphasis on the need for a whole new secondary school within the Inverness South ward. This is the largest populated ward in Highland, yet has no secondary school of its own; its rapid growth has overwhelmed the three secondary schools which it feeds into with one of these projected to be at 154% capacity by 2030.

In view of this, to resolve that the Council have this urgent need at the forefront when setting upcoming budgets so that in the future we can assure the greatest depth of subject choice to pupils”.

Signed: Mr A Jarvie    Mr C Smith   Mrs I MacKenzie

“The people of Skye and Raasay are asking for 24/7 NHS Emergency Cover to be reinstated for Portree and North Skye. The people of Skye and Raasay also have widespread unease about the NHS Highland redesign process with many key questions remaining unanswered.

Since these unanswered questions relate literally to life and death issues, we ask the Highland Council to approach the Cabinet Secretary for Health & Sport, Shona Robison, to come to meet with the Leader of Highland Council and with the four Skye Councillors on behalf of the Isle of Skye and Raasay Committee”.

Signed:   Mr C MacLeod    Mr R MacDonald    Mr J Gordon 

“The Highland Council thanks the employees and officers who worked diligently to ensure successful and fair Council and UK Parliamentary elections this year and notes that, without their contribution, the democratic process could not have taken place. The Council therefore agrees that employees assisting with the conduct of elections should in future receive a full day of leave as opposed to a half day as at present”.

Signed:  Ms K Currie   Mr R Laird   Ms M Smith

“In December 2015, the Highland Council debated changing the policy regarding the display of election posters with a view to a total ban on the display of elections posters on Council property, roadside verges and street furniture in line with the vast majority of other Councils in Scotland.

Scotland has now been in a continual electoral cycle. People are tired of seeing signs on roads across their communities. Not only are they unsightly but they bring down the tone of the area – the scenery offered by the Highlands is ultimately its greatest asset. There is also the health and safety aspect, these signs are usually put up and brought down by one person on a ladder next to a road. 

The two recent elections saw at least the same level of negative impacts, including criminal damage, general abuse and frequent disregard of the regulations, resulting in multiple posters on single lamp posts and on lamp posts with other street furniture. This resulted in what can only be described as an utter eye sore across the Highlands.

In the view that during Parliamentary elections constituents receive a mail drop and are therefore aware of whom the candidates are in their area, the current policy should be amended.

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:  Mr C Smith   Mr A Sinclair   Mr A Jarvie   Mr J Gray   Mrs C Caddick

24. Recess Powers
Cumhachdan Fosaidh

The Council is invited to agree that, during the recess period, powers should be granted to the Chief Executive, Depute Chief Executive/Director of Corporate Development and Directors, in consultation with the Convener, Leader of the Council, Depute Leader of the Council, relevant Chair and the Leader of the Opposition, to deal with issues arising during that time and that a report should be prepared for the first meeting of the Council or relevant Committee following the period where these powers have been exercised.

25. 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 1 June 2017 is available in the Members’ Library and on the Council’s Website.

26. 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 & 9 of Part 1 of Schedule 7A of the Act.

27. Tain Common Good Fund – Mussel Boat ‘Gizzen Briggs’
Maoin Math Coitcheann Bhaile Dhubhthaich – Feusgain Bhaile Dhubhthaich

There is circulated to Members only Report No HC/26/17 dated 21 June 2017by the Director of Development and Infrastructure.

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