Agendas, reports and minutes

Highland Council

Date: Thursday, 10 May 2018

Agenda: Read the Agenda

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 10 May 2018 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,

Stewart Fraser
Head of Corporate Governance 

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. Membership of the Council
Ballrachd na Comhairle

The Council is advised that, following the By-Election held on Thursday, 5 April 2018, Mr D Rixson, 8 Fank Brae, Mallaig, PH41 4RQ has been elected as a Member of Ward 11 (Caol and Mallaig). 

4. Confirmation of Minutes     
Daingneachadh a’ Gheàrr-chunntais

There are submitted for confirmation as a correct record the Minutes of the Special Meeting of the Council held on 7 March and of the Meeting held on 8 March 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:-
            
Nairnshire Committee, 14 March
*Care, Learning & Housing Committee, 15 March
Audit & Scrutiny Committee, 28 March
*Lochaber Area Committee, 11 April
Ross & Cromarty Committee,  2 May                                       
     
6. Community Planning Board
Bòrd Dealbhadh Coimhearsnachd

There are circulated for noting Minutes of Meeting of the Community Planning Board held on 19 December 2107 (approved by the Board on 21 March 2018). 

7. Health and Social Care Working Group 
Buidheann-obrach Slàinte agus Cùraim Shòisealta

There are circulated for approval Minutes of Meeting of the first meeting of the Health and Social Care Working Group held on 19 April 2018.  

8. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

Members are advised that, following the By-Election for Ward 11, the political make-up of the Council is now as follows:-

Independent – 28/SNP – 19/Scottish Conservatives – 10/Liberal Democrat – 10/Labour – 3/Green Party – 1/Sutherland Independent – 1/Non-Aligned – 2

The formula in respect of the number of places on Strategic Committees is now 10/7/3/3/1 – with 1 additional tied place which will be shared between the Scottish Conservatives Group and the Liberal Democrat Group.

Members are also asked to agree the following – 

Environment, Development & Infrastructure Committee – Mr I Ramon to replace Mrs I MacKenzie

Corporate Resources Committee – Mrs G Campbell-Sinclair to replace Mrs L MacDonald

North Planning Applications Committee (Substitute – Ward 10) – Mr J Finlayson
North Planning Applications Committee (Substitute – Ward 9) – Mrs J Barclay
North Planning Applications Committee (Substitute – Ward 8) – Mr A MacKinnon

Items 9 and 10 (below) will be considered at 2.00pm.

9. Question Time
Am Ceiste

The following Questions have been received by the Head of Corporate Governance in terms of Standing Order 42 – 

(i)  Mr A Jarvie

To the Leader of the Council 

“What are the details of the engagements your Administration have had with Her Majesty’s Government and the Devolved Scottish Administration since the last full Council?”

The response is circulated 

Mr Jarvie will be entitled to ask a supplementary question which will be answered by the Leader.

(ii)  Ms M Smith

To the Chair of the Care, Learning & Housing Committee

“Please explain in detail what provision you have put into place for ‘succession planning’ given the current vacancies of 5 Head Teachers in our academies?”

The response is circulated 

Ms Smith will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee.

(iii) Mr R Laird

To the Leader of the Council 

“How is the Mental Health Seminar convened on 21 March 2018 being followed up?”

The response is circulated 

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

(iv)  Ms M Smith

To the Chair of the Environment, Development & Infrastructure Committee

“Given the Administration’s cuts to both the revenue and capital Play Parks budget, how will you replace broken, worn or damaged equipment in the Highland Council playparks?”

The response is circulated 

Ms Smith will be entitled to ask a supplementary question which will be answered by the Chair of the Environment, Development & Infrastructure Committee.

(v)  Ms K Currie

To the Chair of the Environment, Development & Infrastructure Committee

“Please provide a list of all ‘developer contributions’ agreed in Planning which have not been redeemed by the Highland Council over the past 3 years with the reasons for this?”

The response is circulated 

Ms Currie will be entitled to ask a supplementary question which will be answered by the Chair of the Environment, Development & Infrastructure Committee. 

(vi)  Mr G Cruickshank

To the Chair of the Environment, Development & Infrastructure Committee 

“Across the Highlands there are many pavements and roads which have a very undulating and dangerous surface due to tree roots. Can you tell me what the minimum distance is that a tree must be planted from a pavement if it is part of a planning application?”

The response is circulated 

Mr Cruickshank will be entitled to ask a supplementary question which will be answered by the Chair of the Environment, Development & Infrastructure Committee.
       
10. Notices of Motion  
Brathan Gluasaid

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

(i)“Highland Council calls on the Scottish Government to review and revise the ‘Scottish Safety Camera Partnership Programme 2015’ with a view to devolving decision making to a Highland and Police Scotland N Division level. This will enable camera enforcement activity to be deployed at local schools, other locally identified areas of concern and thereby provide a more ‘local’ service, responding to local incidents regardless of past history of accidents or other criteria that do not always appear relevant to rural Highland situations.

In order to catalyse action, Highland Council would be a willing partner in a trial project to enable this change for the better to happen for the benefit of all”.

Signed:Mr M Reiss, Mr A MacKinnon, Mr B Lobban 

(ii)“Highland Council, as the local authority area with the longest coastline in Scotland, agree to sign up to the aspiration for a plastic free coast line. We will do all that we can to reduce plastic usage by Highland Council and promote environmental awareness, as well as encouraging people to pick up three pieces of litter when visiting our beaches”.

Signed: Mrs L MacDonald, Mr C Fraser, Ms M Smith, Mr B Boyd, Mr D Louden, Mr A Henderson, Mrs T Robertson, Mr J Gray

(iii)“This Council recognises the great environmental damage caused by single use plastics and the work by the UK Government to ban microbeads. There are many campaigns across the world and in this country to go further but we do not need to wait in order to take responsible action ourselves.

About 99 per cent of disposable coffee cups are not recyclable and every minute over one million cups end up in landfills globally, in the UK we use seven million each and every day. Even most paper coffee cups are coated with a plastic resin for durability which cannot be separated out in a standard recycling mill and since they are therefore likely to end up at best in landfill sites, or at worst littering our streets, rivers and seas, the impact to the environment and wild animals is horrendous.

Disposable coffee cups – in numbers
The UK throws away 2.5 billion disposable coffee cups every year
Half a million cups are littered every day
Packaging producers only pay for 10 per cent of the cost of packaging disposal and recycling
Less than one percent of disposable coffee cups are recycled

It is clear to see why this cannot go on and why this council must take action itself. It is therefore agreed that we follow in the footsteps of Ullapool – a whole village where plastic straws in business premises were banned – and adopt a policy to ban the use of disposable cups, where practical, in council buildings.

Signed: Mrs I MacKenzie, Mr A Jarvie

(iv)“This Council notes the Scottish Government pledge back in 2007 to make dualling the A9 from Perth to Inverness a priority and the very slow progress to date in achieving that target. To date there has only been a 3km extension of the dual carriageway at Ralia and a 7.5km stretch of new dual carriageway at Kincraig – that is 6.5 miles completed out of the 80 required. Whilst the order in which each stretch is being worked on is logical, we have concerns over the reality of it being completed by 2025. 

Just this March a company announced on social media that they had won a contract for pre-preparation works along the route - the contract length for this advance work is four years. Assuming there are no delays, this will take up until 2022 at least. Bearing in mind that the construction of the shortest section at Kincraig took two years to complete, it is highly unlikely that sections which are two to three times longer than this will be completed by 2025. Furthermore, the final section at Slochd has only recently had the contract for ground investigations awarded.

Most people know and frustratingly now accept that this project will not be delivered on time. The people of the Highlands also deserve a better answer than the Transport Scotland line of “We are committed to dualling the A9 between Perth and Inverness by 2025”. 

This Council therefore agrees to ask the Council Leader to write to the Ministers Fergus Ewing MSP, Keith Brown MSP and Humza Yousaf MSP detailing these points and ask that the people of the Highlands be given a more realistic date for completion”.

Signed: Mr A Jarvie, Mr D MacLeod  

11. Audit Scotland – Local Government in Scotland – Challenges and Performance 2018
Sgrùdadh Alba – Riaghaltas Ionadail ann an Alba – Dùbhlain agus Coileanadh 2018
 

There is circulated Report No. HC/9/18 dated 17 April 2018 by the Depute Chief Executive/Director of Corporate Resources.

The Council is asked to note and comment on the national report in the local context.

The Council is also asked to consider the planned actions and key messages outlined in Section 7 of the report.   

12. Highland Council – Local Scrutiny Plan 2018/19 
Comhairle na Gàidhealtachd – Plana Sgrùdadh Ionadail 2018/19

There is circulated Report No. HC/10/18 dated 16 April 2018 by the Chief Executive.

Members are asked to note:-

(i)    the Local Scrutiny Plan as attached at Appendix 1 to the report which highlights that no additional scrutiny of the Council is required for 2018/19;
(ii)   the positive comments made that the Council’s education provision is well organised and well led and there is a renewed drive for quality improvement in education;
(iii)  the areas where monitoring is planned as outlined in Paragraph 4.2 of the report; and
(iv)   the areas of scheduled audit and inspection activity identified which contribute to national audit reports as outlined in Paragraph 4.4 of the report.     

13. SFRS Transformation – Consultation Response 
Cruth-atharrachadh SFRS – Freagairt Cho-chomhairle

There is circulated Report No. HC/11/18 dated 27 April 2018 by the Acting Head of Policy.

The Council is asked to consider and agree a final response to the Scottish Fire and Rescue Service (SFRS) Transformation consultation.
                                                        
14. Redesign of Highland Council 
Ath-dhealbhadh Chomhairle na Gaidhealtachd 

There is circulated Report No. HC/12/18 dated 1 May 2018 by the Chief Executive.

In this regard, there are also circulated Minutes of Meeting of the Redesign Board held on Tuesday, 1 May 2018.

The Council is asked to note:-

(i)    the Board recommendations agreed so far this year are being implemented;
(ii)   work continues on three peer reviews underway on commissioned preventative services for children, car parking and building trade services;
(iii)  the Lean programme continues to provide good results from staff on how to change processes for the better with more staff to be trained as facilitators;
(iv)   one further session with the Board should conclude its Communications Plan; and
(v)    the two workshops scheduled by the end of June will deal with the issues set out in the work plan (on engaging communities in redesign and support for organisation change) and how to achieve the Board’s savings target for 2018/19 through reviews. There will also be a stock-take of the Board’s work since it was established in June 2017.     

15. Review of Partnership Arrangements between NHS Highland and Highland Council 
Ath-sgrùdadh air Ullachaidhean Com-pàirteach eadar NHS na Gàidhealtachd agus Comhairle na Gàidhealtachd

There is circulated Report No. HC/13/18 dated 1 May 2018 by the Chief Executive.

The Council is asked to consider and agree the proposals for revised partnership arrangements with NHS Highland as detailed in the report which are also being presented to the NHS Highland Board. 

16. Highland Opportunity (Investments) Limited 
Cothrom dhan Ghàidhealtachd (Tasgaidhean) Earranta

The Council is advised that there is currently 1 vacant place on Highland Opportunity (Investments) Limited – a company which creates and sustains employment in the Highlands through investment in businesses and community enterprises. There are six meetings held during the year and the role of Directors is to consider individual investment proposals and decide on their merit and set out the strategic policy of the company. It is considered desirable for Directors to have appropriate business orientated experience and in this regard there is circulated Role Profile and Skills Set.

The Council is asked to appoint 1 Member to Highland Opportunity (Investments) Limited as detailed.

17. Review of Standing Orders Relating to the Conduct of Meetings
Ath-sgrùdadh air Òrdughan Seasmhach a’ Buntainn ri Cumail Choinneamhan

As agreed at the last meeting, there is circulated Report No. HC/14/18 dated 26 April 2018 by the Head of Corporate Governance.

The Council is asked to agree the proposed amendments to the specific Standing Orders as detailed in the report.

18. Amendment to the Flag Protocol
Atharrachadh do Phròtocal na Brataich

Members are asked to agree the following amendment to the Council’s Flag Flying Protocol:

Local Committees may choose to fly an approved local flag on non-specified days, where one exists.  

To be approved, the flag must be registered with the Flag Institute as the official flag of the area or county.  Specified days are those listed in the Council’s Flag Flying Protocol which can be accessed on the Council’s website: https://www.highland.gov.uk/downloads/file/12542/flag_flying_protocol 

19. 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 8 March 2018 is available in the Members’ Library and on the Council’s Website.

20. 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.

21. Proposed Civic Recognition 
Aithne Chatharra ga Moladh

There is circulated Members only Report No. HC/15/18 dated 25 April 2018 by the City Area Manager.

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