Agendas, reports and minutes

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 10 May 2018 at 10.35am.

1. Calling of the Roll and Apologies for Absence
A’ Gairm a’ Chlàir agus Leisgeulan

Present: 
Mr G Adam, Mr B Allan, Mr R Balfour, Mrs J Barclay, Mr A Baxter, Mr B Boyd, Mr R Bremner, Mr I Brown, Mr J Bruce, Mrs C Caddick, Miss J Campbell, Mrs I Campbell, Mrs G Campbell-Sinclair, Mrs H Carmichael, Mr A Christie, Dr I Cockburn, Mrs M Cockburn, Mr G Cruickshank, Ms K Currie, Mrs M Davidson, Mr M Finlayson, Mr C Fraser, Mr L Fraser, Mr R Gale, Mr K Gowans, Mr A Graham, Mr J Gray, Mr T Heggie, Mr A Henderson, Mr A Jarvie, Ms E Knox, Mr R Laird, Mr B Lobban, Mr D Louden, Mrs L MacDonald, Mr R MacDonald, Mrs D Mackay, Mr D Mackay, Mr W MacKay (V/C), Mr G MacKenzie, Mrs I MacKenzie, Mr S Mackie, Mr A MacKinnon, Mr C MacLeod, Mr D MacLeod, Mr D Macpherson, Mr R MacWilliam, Mrs B McAllister, Mr N McLean (V/C), Mr H Morrison, Ms L Munro, Ms P Munro, Mrs M Paterson, Mr I Ramon, Mr M Reiss, Mr A Rhind, Mr D Rixson, Mrs F Robertson, Mrs T Robertson, Mr K Rosie, Mr G Ross, Mr P Saggers, Ms N Sinclair, Mr C Smith, Ms M Smith, Mrs K Stephen, Mr B Thompson (V/C).

In Attendance: 
Chief Executive
Director of Development & Infrastructure
Director of Care & Learning Depute Chief Executive/Director of Corporate Resources
Director of Community Services

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mr J Finlayson, Mr J Gordon, Ms P Hadley, Ms A MacLean, Mr J McGillivray, Mr A Sinclair and Mrs C Wilson.  

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 15 – Mr A Christie (Non-Financial)
Item 15 – Mr A Christie and Mr I Brown (both Financial)
Item 15 – Mrs D MacKay (Dispensation)
Item 16 – Mr D Louden, Mr D Macpherson, Mrs C Caddick and Mr G Adam (all Non-Financial)

Prior to commencement of the formal business, the Convener made reference to recent rugby team successes whereby Highland had won National Division 3, Caithness had won Caledonian Division 1 and Ross Sutherland had won the National Bowl at Murrayfield.

The successful bid to bring the Celtic Media Festival to Aviemore in 2019 was also warmly welcomed, not least in terms of the considerable benefit which it would bring to the area.   

3. Membership of the Council
Ballrachd na Comhairlie

It was NOTED that, following the By-Election held on Thursday, 5 April 2018, Mr D Rixson, 8 Fank Brae, Mallaig, PH41 4RQ had been elected as a Member of Ward 11 (Caol and Mallaig).
In this regard, Mr Rixson was welcomed to the Council and responded accordingly.
 
4. Confirmation of Minutes 
Daingneachadh a’ Gheàrr-chunntais

There had been 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 2018 as contained in the Volume which had been circulated separately – which were APPROVED.

5. Minutes of Meetings of Committees
Geàrr-chunntasan Choinneamhan Chomataidhean

There had been 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 the Volume and the Supplementary Paper 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

The Minutes, having been moved and seconded were, except as undernoted, APPROVED – matters arising having been dealt with as follows:-

Care, Learning & Housing Committee, 15 March

*Starred Item: Item 8: PP. 37-38: Review of Statutory Consultation Exercise

It was AGREED to create new Gaelic Medium catchments for the Portree Associated School Group as outlined on the map on the original consultation report.

Lochaber Area Committee, 11 April

*Starred Item: Item 7: PP 52-55: Car Parking in Lochaber 

It was AGREED - following confirmation from the Chair of the Committee – that the starred item as detailed in the Minutes was not now to be taken forward but instead reconsidered by the Lochaber Area Committee at the next meeting on 15 August when Local Members would have an opportunity to review and discuss issues in relation to local car park patterns of use during the interim 3 month period. 

Ross & Cromarty Committee, 2 May

*Starred Item: Item 12: P.7: Fortrose

It was AGREED that the Fortrose and Rosemarkie Common Good Fund should contribute funding towards the proposed works to a maximum of £137,000 (including £17,000 contingency).

6. Community Planning Board
Bord Dealbhadh Coimhearsnachd

There had been circulated Minutes of Meeting of the Community Planning Board held on 19 December 2017 (approved by the Board on 21 March 2018) which were NOTED.

7. Health & Social Care Working Group 
Buidheann-obrach Slainte agus Curaim Shoisealta

There had been circulated Minutes of the first Meeting of the Health & Social Care Working Group held on 19 April 2018 which were APPROVED.

It was also AGREED that Mrs D MacKay should join the membership of this Working Group. 

8. Membership of Committees, etc
Ballrachd na Comhairle

It was NOTED that, following the By-Election for Ward 11, the political make-up of the Council was now as follows:-

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

It was also NOTED that the formula in respect of the number of places on Strategic Committees was now 10/7/3/3/1 – with 1 additional tied lace which would be shared between the Scottish Conservatives Group and the Liberal Democrat Group.

The Council also AGREED 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
Corporate Resources Committee – Mr G Adam to replace Ms L Munro
Corporate Resources Committee – Mr A Jarvie to come off this Committee and Mr D Rixson to be added
Care, Learning & Housing Committee – Mr A Sinclair to come off this Committee and Ms L Munro to be added

Environment, Development & Infrastructure Committee – Mr D Rixson to replace Mr G Adam
Commercial Board – Mr R Gale to replace Mrs A MacLean 
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
South Planning Applications Committee (Substitute – Ward 15) – Mr C Smith
Highland Football Academy Board – Mr D Macpherson to replace Mr G Ross 

9. Question Time   
Am Ceiste

The following Questions had 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 had been circulated.

In terms of a supplementary question, Mr Jarvie queried as to whether further detail could be provided in future on the engagements that the Administration had had with the UK and Scottish Governments and specifically ‘when’, ‘with who’ and ‘what had been discussed’.

In response, the Leader confirmed that currently much more information was provided in this regard than had been the case previously. However, an attempt would be made to provide more detailed information but it had to be accepted that this might only be able to be provided retrospectively in view of security considerations in some instances.

(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 had been circulated.

In terms of a supplementary question, Ms Smith queried as to what measures were being taken to ensure that the right people with the right skills were being recruited to vacancies in light of recent revenue budget cuts to the teacher training budget. 

In response, the Chair confirmed that this was a much wider issue than just training and was currently being addressed, including through the Northern Alliance where additional work was to be undertaken over the Summer with the arrangement of a Conference which would hopefully have the involvement of both the Minister for Child Care and Early Years and Highland MSPs. 

(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 had been circulated.

In terms of a supplementary question, Mr Laird queried as to when the next Mental Health Seminar was to be arranged and whether there would be a stronger focus on feedback from users of mental health services, including their perceptions of how services worked in practice.  

In response, the Leader confirmed that this would be the case and that the next Seminar would be held before the Summer Recess.

(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 had been circulated.

In terms of a supplementary question, Ms Smith queried as to how communities could be expected to run Play Parks following recent cuts in the revenue and capital budgets which would impact on the future provision of equipment at those locations.

In response, the Chair confirmed that there were many examples of communities working together to access external funding in liaison with the Council to enable the continued use of local Play Parks.

(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 had been circulated.

In terms of a supplementary question, Ms Currie queried as to whether a report could be submitted to a future meeting of the Environment, Development & Infrastructure Committee to allow greater scrutiny of issues in relation to developer contributions.

In response, the Chair confirmed that, although a detailed response had already been given in this regard, a further report could be submitted to the Committee in due course as requested.

(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 had been circulated.

In terms of a supplementary question, Mr Cruickshank queried as to whether the Council had any powers which could be used in terms of forcing landowners to deal with overhanging trees which caused a problem on roads and pavements.

In response, the Chair confirmed that the Council could take action in this regard if necessary and recover costs from landowners in each instance.  

10. Notices of Motion 
Brathan Gluasaid

The following Notices of Motion had 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

During discussion, Members raised the following issues:-

• it was felt that the current arrangements in relation to camera vans did not work well for the Highlands and that it would be beneficial for all concerned if discussion on this issue was undertaken with the Scottish Government with a view to instigating a trial project in the area;
• this should not be viewed as a revenue raising issue but rather as a safety measure in order to save lives;
• it would be advantageous to seek the views of Councillors, Community Councillors and members of the public on the placing of camera vans in local areas;    
• it had to be highlighted that prevention of accidents had to be paramount, particularly around schools where speeding was often a problem;
• ideally, there should be flexibility in the proposals for the siting of camera vans in order to take account of local knowledge; and
• there were many locally identified areas of concern already and adoption of this proposal would enable a more local service to be provided in future.

Decision

The Council AGREED the terms of the Notice of Motion as detailed.

(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

During discussion, Members raised the following issues:-

• the terms of the following Notice of Motion were also endorsed in respect of the damage caused by single use plastics;
• positive steps had already been taken by the Scottish Government in relation to this issue and many groups and individuals were now involved in helping to maintain plastic free coast lines and reducing plastic usage;
• it would be helpful if a report could be submitted to a future Council meeting on the plastic, polystyrene and non-biodegradable products currently used in Council offices and proposals for their replacement;
• it had to be highlighted that shore lines were particularly affected by waste plastics and there was a need to involve Local Committees wherever possible in proposals for prevention/clean up, as well as possible discussion with BEAR Scotland on the provision of signage in this regard;
• positive actions had already been undertaken by Marine Scotland which should perhaps be replicated wherever possible;
• there was a need for further action to be taken in terms of public awareness of this issue, particularly around beaches across the Highland area;
• there was a major problem with fishing debris and this had to be subject of sustained action in future;
• prevention was most certainly the key in addressing this problem and all members of the public had to be encouraged to get involved wherever possible; and
• consideration could perhaps be given to discussing labelling of products with manufacturers with a view to highlighting this message in future.    

Decision

The Council AGREED the terms of the Notice of Motion as detailed.

In this regard, and with the specific intention of reducing plastic usage by the Council, it was also AGREED that a report should be submitted to a future Council meeting on the plastic, polystyrene and non-biodegradable products currently used and proposals for replacement with biodegradable alternatives in future.

(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

During discussion, Members raised the following issues:-

• it was now widely recognised that there was a significant problem caused by single use plastics and as such it was imperative that the Council took action to address this problem, with a particular focus on disposable coffee cups;
• in this regard, it had been confirmed that approximately 99% of disposable coffee cups were not recyclable and 2.5bn of those cups were thrown away every day in the UK;
• the Council could make a difference by adopting a policy on the use of these disposable cups where practical within its own buildings;
• whilst agreeing with the terms of the Notice of Motion, it was suggested that the reference to ‘banning’ the use of such cups should perhaps be amended to read ‘dissuading’ the use of the cups;
• it was felt that adults were largely to blame for this problem and examples from children, including in Ullapool where plastic straws had been banned, were particularly inspiring;
• consideration should be given to ways of attracting sponsorship for the provision of reusable water bottles to children in primary schools;
• the involvement of other external organisations from across the Highland area was vital in addressing this problem; and
• as a first measure, the use of plastic cups in the Foyer Area at Headquarters should be discontinued.    

Decision

The Council AGREED the terms of the Notice of Motion as detailed – subject to a change to the wording in the final paragraph, penultimate sentence, to replace the word ‘ban’ with ‘dissuade’.

(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

During discussion, Members raised the following issues:-

• the dualling of the A9 from Perth to Inverness was one of the most important projects for the Highlands, not least in terms of the potential benefits for the area, and as such it was regretted that there had only been very slow progress to date in achieving the target for completion;
• as such, there were real concerns that the expected completion date of 2025 could not be met;
• the construction of the shortest section had taken two years to complete and it was therefore considered extremely unlikely that further sections could be completed within the timescale given;
• consultation should therefore be undertaken with the Ministers concerned in order to receive confirmation as to a more realistic timescale;
• as an alternative to the wording within the Notice of Motion, it was suggested that the Council should instead welcome the completion of works at Ralia and Kincraig and recognise the enormous scale of work yet to be undertaken. Also, there should be a commitment to work constructively with communities, Transport Scotland, the Scottish Government, contractors and other stakeholders to ensure successful completion of the project by 2025;   
• the decision taken by the Scottish Government in relation to the provision of speed cameras had been proved to be successful in terms of the reduction of the number of accidents and fatalities;
• the efforts and campaigning which had been undertaken by the A9 Safety Group were highlighted and welcomed;
• it was felt that the tone of the Notice of Motion was not particularly constructive or accurate in parts;
• it had to be appreciated that there were good reasons for the time which had been taken in relation to this project as there were many factors involved and such projects often took longer in terms of the preparation required than in actual construction;
• it was essential that a spirit of co-operation existed between all parties involved with this project, including the Council, as any objections would only delay the whole process;
• it should be noted that Audit Scotland were to undertake an audit of the project later in the year to ensure that it was being managed satisfactorily;
• in any discussion on the project and its timescale, it was necessary to take account of the financial circumstances which had prevailed since 2008;
• constituents across the Highland area were frustrated with the lack of progress on this project and all that was being sought was clarity from the Scottish Government on the expected completion date;
• it had to be highlighted that the dualling of the A9 would save lives as statistics confirmed that there had actually been more road deaths in the Badenoch & Strathspey area over recent months; and
• the extremely positive effect on the Highland economy had to be taken into account in terms of seeking confirmation of the finalisation of this project.

 Thereafter, Mr A Jarvie, seconded by Mr D MacLeod, MOVED the terms of the Notice of Motion as detailed.

As an AMENDMENT, Mr R MacWilliam, seconded by Mrs M Cockburn, moved that the Council should note the Scottish Government pledge back in 2007 to make dualling the A9 from Perth to Inverness a priority and welcome the completion of works at Ralia and Kincraig. In recognising the enormous scale of works yet to be undertaken, the Council should commit to working constructively with communities, Transport Scotland, the Scottish Government, contractors and other stakeholders to ensure successful completion of the project by 2025.
On a vote being taken, the MOTION received 38 votes and the AMENDMENT received 19 votes, with no abstentions, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr G Adam, Mr A Baxter, Mr J Bruce, Mrs C Caddick, Miss J Campbell, Mrs B Campbell, Mrs H Carmichael, Mr A Christie, Dr I Cockburn, Mr G Cruickshank, Mrs M Davidson, Mr M Finlayson, Mr R Gale, Mr A Graham, Mr J Gray, Mr T Heggie, Mr A Henderson, Mr A Jarvie, Mr B Lobban, Mr R MacDonald, Mr D Mackay, Mrs I MacKenzie, Mr S Mackie, Mr A Mackinnon, Mr D MacLeod, Mr D Macpherson, Mr H Morrison, Ms L Munro, Mr I Ramon, Mr M Reiss, Mr D Rixson, Mrs T Robertson, Mrs F Robertson, Mr G Ross, Mr P Saggers, Ms N Sinclair, Mr C Smith and Ms K Stephen.

For the Amendment:
Mr B Allan, Mr B Boyd, Mr R Bremner, Mr I Brown, Mrs G Campbell-Sinclair, Mrs M Cockburn, Ms K Currie, Mr K Gowans, Ms E Knox, Mr R Laird, Mr D Louden, Mrs L MacDonald, Mr G MacKenzie, Mr C MacLeod, Mr R MacWilliam, Mr N McLean (via VC), Ms P Munro, Mr K Rosie and Ms M Smith.

Decision

The Council AGREED the terms of the Notice of Motion as detailed.

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

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

During discussion, Members raised the following issues:-

• in terms of current and future challenges, the extremely complex, changing and increasingly uncertain environment in which Local Government was operating had been highlighted within the Audit Scotland report;
• specifically, it had been stated that Brexit and the reviews of education and local governance were likely to have significant impact;
• there had also been a reduction in real terms of 9.6% in revenue funding between 2010/11 and 2018/19 and there remained a target to shift spending decisions for at least 1% of budgets to communities by 2022;
• the increasing amount of the funding settlement being ring-fenced to education and social care and the additional unfunded burdens (such as public sector pay, the apprenticeship levy and equal pay claims) were also highlighted;
• reference was also made to the extremely difficult decisions which had been made by the Administration as part of the budget process, not least in order to protect jobs, and it was confirmed that these proposals had been fully supported by the Trade Unions prior to submission to the Council in February;
• it was stressed that the Council had to become and was taking steps to be more commercially minded going forward;
• demographic challenges would be greatly exacerbated as a result of Brexit and it had been expected that there would be more mention of this within the Audit Scotland report than had been the case;
• the strategy for dealing with future issues as detailed in the report was welcomed but it was suggested that there was a need to include reference to the choices for Local Government in future in relation to service delivery and the need to have a budget based on Council priorities;
• the proposals for reviewing the system of budgeting across the Scotland were welcomed, including the collation of performance and financial date held by the Council to get a picture of the key outcomes and outputs from each service, the key performance statistics and benchmarking data, an overview of how the service was performing in relation to other Councils and the resources required to deliver the current level of services;
• reference was also made to the detail within the Audit Scotland report which highlighted that real transformation took time and in order to be successful Councils required to set priorities, conduct robust option appraisals, have a clear strategy and a realistic savings target which was properly monitored, have proportionate governance structures and assess the impact on equality of access and opportunity and whether change would have a disproportionate impact on more vulnerable or poorer communities or individuals;
• there would need to be an increased focus on the talent attraction proposals in future in terms of welcoming people to live and work in the Highlands and it was noted that this had to include partners and had to ensure that the right staff with the right skills were in the right places;
• it was noted that reference had been made in the report to the fact that the Council’s reserves were low and this presented challenges. As such, rebuilding reserves was essential in the current climate and overall more robust long term financial planning and savings plans were needed to ensure sustainability, including the need to understand and set out the impact that budget reductions would have on service delivery;
• in terms of the timescale in relation to shifting spending decisions for at least 1% of budgets to communities by 2022, it was suggested that communities could be involved through Local Committees with a focus on localism which would allow the public a direct influence on future budgets;
• it was felt that the Scottish Government could in future take a priority decision to support local government and reference to this had in fact been made in the report;
• there had to a continuous focus on workforce planning within a strong local government structure which delivered sustainable services;
• it had to be highlighted that there were currently powers to invest in local services which were not being used and this had to be addressed, particularly as part of making the Brexit situation work for the Highland area;
• it should be noted that Scotland was now the highest taxed area in the United Kingdom;
• there had been suggestions that the proposal to defer the budget considerations had not been helpful but these suggestions had been made mainly in light of the late receipt of budget papers at the time;
• the report from Audit Scotland had been very balanced and this was welcomed. However, it only focused on some of the many challenges which were facing local government in the coming years;
• along with the clear messages in financial terms within the report, there was a need to recognise that one of the biggest risks for the Highlands related to the future population and as such the focus had to be on policies which targeted population growth where it was most needed in the area;
• a new Programme for the Council would be brought forward shortly and it was hoped that this would have cross-party agreement;
• there was still a public misconception that there was significant funding available to the Council and it was important to make clear that this was not the case;
• it was especially important that all Members of the Council remained positive in their own communities;
• the geographic challenges faced by the Council in the Highlands were particularly acute and there was concern about the potential negative effect which Brexit would have on the Highland economy;
• this report very clearly set budget decisions in context and should be referenced in the following year when the next budget was being set;
• there would be major challenges with the future school populations and the variables in the attainment gap in Highland had to be addressed;
• multi-year budgets for local government would greatly help and this issue had to be raised as a priority again with the Scottish Government;
• the challenge of having to continue to deliver services to communities within decreasing budgets made it impossible to avoid very hard decisions in future;
• the negative and sometimes inaccurate comments, particularly on social media, following the budget decisions taken in February were regrettable and very unhelpful for the Council as a whole;
• further discussion should be undertaken with the UK Government if possible in terms of writing off the historical housing deficit figure;
• there had been reference in the Audit Scotland report to the significant amounts of training available to Councillors but also the evidence of poor attendance;
• a more honest approach at all levels of Government was needed, not least in the reporting of facts as opposed to opinions;
• focusing on creative solutions from the Audit Scotland and trying to work together for communities and staff was what was needed most of all; and
• there had to be a focus on trade possibilities with other countries after Brexit and this would be of major importance for the Highland economy.             

Decision

The Council NOTED the national report in the local context and also the planned actions and key messages as outlined in Section 7 of the report.
                                                      
12. Highland Council – Local Scrutiny Plan 2018/19
Comhairle na Gaidhealtachd – Plana Sgrudadh Ionadail 2018/19
 
There had been circulated Report No. HC/10/18 dated 16 April 2018 by the Chief Executive.

During discussion, Members raised the following issues:-

• whilst it was welcomed that no additional scrutiny of the Council was required for 2018/19, there was a need to highlight the scrutiny risks and activity which had been detailed in the report, including the future financial pressures;
• in relation to the timeline for future scrutiny activity, it was considered that the redesign process would have a key role in delivering outcomes;
• it was noted that further detail could be provided on the reference to nine schools which were participating in the Schools Programme of the Scottish Attainment Challenge;
• the second recommendation of the report asked Members to note the positive comments which had been made about the Council’s education provision. However, in light of the detail within Section 9 of the Scrutiny Risks section, it was suggested and subsequently agreed that the word ‘positive’ should be deleted from this recommendation; and
• with reference to the Best Value Assurance Report which was to be undertaken for the Council in 2019, it was highlighted that in previous years these reports had focused not just on performance level data but mainly on quality of decision making, political leadership, policy direction, relationships between Elected Members and relationships between Elected Members and Officers. As such, the clear evidence was that the interests of the public were best served by productive relationships and high standards of conduct.          

Decision

The Council NOTED the Local Scrutiny Plan as attached as Appendix 1 to the report which highlighted that no additional scrutiny of the Council was required for 2018/19.
Members also NOTED the comments made that the Council’s education provision was well organised and well led and there was a renewed drive for quality improvement in education, the areas where monitoring was planned as outlined in Paragraph 4.2 of the report and the areas of scheduled audit and inspection activity identified which contributed to national audit reports as outlined in Paragraph 4.4 of the report.
 
13. Scottish Fire and Rescue Service Transformation – Consultation Response
Cruth-atharrachadh SFRS – Freagairt Cho-chomhairle

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

During discussion, Members raised the following issues:-

• there had been concerns raised in previous years over levels of service in the Highlands, not least in relation to health and safety, and these proposals for changes to the service were therefore warmly welcomed;
• there was also a need to highlight the creation of new full-time jobs in local areas which would also help to build community resilience, especially in rural areas;
• the proposed changes to appliances would also make a significant difference in future and particular reference was made to the availability of defibrillators which would help to save lives;
• these proposals demonstrated that the Service was listening to local communities and willing to manage change which was greatly appreciated;
• there should perhaps also be consideration given to the use of specific fire crews in some rural areas, including Spean Bridge and Roy Bridge, as currently some firefighters in those locations were only able to attend wildfires or road traffic collisions and it was felt that this could be changed/improved;
• the retention of firefighters in rural areas, with associated levels of upskilling, would be of enormous benefit to those areas in future; and
• thanks should be conveyed to the trade unions concerned for their support of these proposals.    

Decision

The Council AGREED the final response to the Scottish Fire and Rescue Service Transformation consultation as circulated.

14.Redesign of Highland Council
Ath-dhealbhadh Chomhairle na Gaidhealtachd

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

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

During discussion, Members raised the following issues:-

• following reference to the decision made in relation to the introduction of car parking charges in Dingwall (which it was felt would have a detrimental effect on traders in the area and as such should be reconsidered prior to implementation), it was confirmed that the Redesign Board could not change a decision which had already been made by the full Council during the budget process;
• it was suggested and agreed that, in relation to recommendation (v) within the report, the reference to the ‘Board’s savings target for 2018/19’ should be replaced with the ‘Council’s savings target for 2018/19’;
• in regard to car parking charges, it was felt that there was not a traffic management problem in Dingwall at present and that the area should have been involved in consultation on this issue prior to any proposal coming forward in respect of implementation. As such, reference was made to the petition which had been handed over that morning from Dingwall Community Council which contained approximately 1100 signatures asking the Council to reconsider this proposal;
• whilst it was accepted that the Council had had to take a difficult decision on the implementation of car parking charges at the recent budget meeting in February, this had to be viewed in the context of other charges which had been implemented in previous years in other locations within the Highlands;
• consideration should be given to any other alternative savings proposals (as opposed to the implementation of car parking charges) which were not able to be considered within the budget process but might now be viable;
• discussion should also be undertaken with the Scottish Government and CoSLA on the possibility of town centre car parks being treated in the same way as large out-of-town retail car parks;
• there was widespread condemnation of the abuse of certain Councillors on social media in relation to this issue which it was hoped would never be repeated;
• there was concern now in other areas of the Highlands in relation to the potential implications arising from future car parking charges and as such it was imperative that consultation was undertaken with local communities and traders on this issue in the first instance;
• work on this issue was currently in progress by the Redesign Board but it had to be accepted that there was a need for fairness and equity across all areas in relation to the final decisions taken; and
• the work of the Redesign Board to date across a range of issue had been very successful, not least in terms of the Peer Reviews which had been undertaken and the close co-operation between Members and staff across the Council.                  

Decision
 
The Council NOTED that the Board recommendations agreed so far in the current year were being implemented, that work was continuing on three peer reviews underway on commissioned preventative services for children, car parking and building trade services and that the Lean programme continued to provide good results from staff on how to change processes for the better with more staff to be trained as facilitators.

It was also NOTED that that one further session with the Board should conclude its Communications Plan and that the two workshops scheduled by the end of June would 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 Council’s savings target for 2018/19 through reviews. There would also be a stock-take of the Board’s work since it was established in June 2017.

The Council also AGREED the Minutes of Meeting of the Redesign Board held on Tuesday, 1 May 2018 as circulated.

15. Review of Partnership Arrangements between NHS Highland and Highland Council
Ath-sgrudadh air Ullachaidhean Com-pairteach eadar NHS na Gaidheatachd agus Comhairle na Gaidhealtachd

Declarations of Interest –

Mr A Christie declared a non-financial interest in this item as a Director of the Highland Third Sector Interface but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude him from taking part in the discussion.

Mr A Christie declared a financial interest in this item as a Non-Executive Director of NHS Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude him from taking part in the discussion.

Mr I Brown declared a financial interest in this item as an employee of NHS Highland and confirmed that he would leave the Chamber during discussion.   

Mrs D MacKay declared a financial interest in this item as a Non-Executive Director of NHS Highland but, on the basis of having a dispensation and having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, confirmed that her interest did not preclude her from taking part in the discussion.                                             

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

During discussion, Members raised the following issues:-

• the proposals within the report were welcomed in terms of delivering a modified lead agency model and taking a major step forward in addressing and improving issues previously raised by Elected Members;
• particular emphasis had to be placed on the provision of a joint plan, better governance, reform of the NHS Health and Social Care Committee, clearer financial statements from NHS Highland and improved communication to an acceptable standard across all areas in future;
• it would perhaps be useful to liaise with NHS Highland almost immediately in order to suggest avenues of improvement and in this regard reference was made to recent discussion undertaken at the new Health and Social Care Working Group within the Council;
• it had to be highlighted that one of the most important issues in future years would be social care of people within communities across the Highlands;
• there was a need for more regular joint meetings to be arranged and particularly for strenuous efforts to be made to keep all Elected Members fully informed at all times;
• one of the proposed features of the reviewed arrangements was for each organisation to commit to public statements which reflected the agreed strategic plan and whilst this was welcomed it could not restrict the role of Local Members in raising local issues where required;
• it was also proposed that NHS Managers would have opportunities for direct and regular contact with Elected Members about local matters in Districts/Wards, including at local community planning partnerships and where appropriate at Ward or Area level meeting and this was also welcomed. It was also felt that Area Chairs would have a role in making sure that invitations for attendance were issued to NHS Officers as and when necessary;
• thanks should be conveyed to the Leader of the Council for bringing these proposals forward at this time, particularly in relation to the proposal for issues to be discussed and debated at a Strategic Committee level in future;
• it had to be noted that the quality of professional relationships would be crucial in determining the success of these proposals and that there would perhaps be a need for a change in tone and rhetoric from Elected Members and Officers from both organisations around issues concerning health and social care in future; and
• as had been stated in the proposals for the reviewed arrangements, it was critical that this involved a joint strategic plan for integrated adult services which reflected the term of each Highland Council and included the finance and cash-flow required to deliver that plan.              

Decision

The Council AGREED the proposals for revised partnership arrangements with NHS Highland as detailed in the report.

The Council also NOTED the Minutes of Meeting of the Joint Monitoring Committee held on 25 April 2018.

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

Declarations of Interest - Mr D Louden, Mr D Macpherson, Mrs C Caddick and Mr G Adam declared non-financial interests in this item as Directors of Highland Opportunity (Investments) Limited but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude them from taking part in the discussion.

The Council was advised that there was currently 1 vacant place on Highland Opportunity (Investments) Limited – a company which created and sustained employment in the Highlands through investment in businesses and community enterprises. There were six meetings held during the year and the role of Directors was to consider individual investment proposals and decide on their merit and set out the strategic policy of the company.

It was considered desirable for Directors to have appropriate business orientated experience and in this regard the Role Profile and Skills Set had also been circulated.

In this regard, nominations were received as follows –

Mr D Rixson
Mr B Boyd

On a vote being taken, Mr Rixson received 32 votes and Mr Boyd received 19 votes, with 3 abstentions, the votes having been cast as follows –

Votes for Mr D Rixson
Mr G Adam, Mr A Baxter, Mr J Bruce, Mrs C Caddick, Mrs I Campbell, Mrs H Carmichael, Mr A Christie, Mr G Cruickshank, Mrs M Davidson, Mr M Finlayson, Mr R Gale, Mr A Graham, Mr J Gray, Mr T Heggie, Mr A Henderson, Mr A Jarvie, Mr B Lobban, Mr R MacDonald, Mrs I MacKenzie, Mr S Mackie, Mr A Mackinnon,  Mr D MacLeod, Mr D Macpherson, Mrs B McAllister, Mr I Ramon, Mr M Reiss, Mr D Rixson, Mrs T Robertson, Mrs F Robertson, Mr P Saggers, Mr C Smith and Ms K Stephen. 

Votes for Mr B Boyd
Mr B Allan, Mr B Boyd, Mr R Bremner, Mr I Brown, Mrs G Campbell-Sinclair, Mrs M Cockburn, Dr I Cockburn, Ms K Currie, Mr K Gowans, Ms E Knox, Mr R Laird, Mr D Louden, Mrs L MacDonald, Mr G MacKenzie, Mr C MacLeod, Mr R MacWilliam, Ms P Munro, Mr K Rosie and Ms M Smith.

Abstentions
Mr D Mackay, Mr H Morrison and Ms N Sinclair.

Decision

The Council AGREED to appoint Mr D Rixson to Highland Opportunity (Investments) Limited as detailed.

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

There had been circulated Report No. HC/14/18 dated 26 February 2018 by the Head of Corporate Governance.
In this regard, amendments were proposed in relation to wording within Standing Order 8.2 (Notice of Special Meetings of the Council), Standing Order 10.1 (Notices of Motion) and Standing Order 42 (Question Time).
Decision

The Council AGREED the proposed amendments to wording within the specific Standing Orders as detailed in the report.

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

Members were asked to agree the following amendment to the Councils 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

Decision

The Council AGREED the amendment to the Flag Flying Protocol as detailed. 

19. Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

It was NOTED that a list of deeds and other documents executed on behalf of the Council since the meeting held on 8 March 2018 was available in the Members’ Library and on the Council’s Website.

20. Exclusion of the Public

The Council AGREED 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 involved the likely disclosure of exempt information as defined in Paragraph 6 of Part 1 of Schedule 7A of the Act.
 
21. Proposed Civic Recognition

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

Decision

The Council AGREED the recommendation as detailed in the report.

It was also AGREED that, during the forthcoming review of Standing Orders, consideration should be given to the submission of civic recognition proposals to Local Committees in future.           

The meeting ended at 4.10pm.