Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 27 June 2019 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
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.Commendation - Staff members
Moladh – Buill luchd-obrach
                                                                                               
4.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, 61 young people from across the Highlands are due to receive the Gold Award this year.

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

5.Performance against the Highland Local Policing Plan 2017-20           
Aithisg Choileanaidh Bhliadhnail a’ Phoileis

There is circulated Report No. HC/20/19 dated 18 June 2019 by the Chief Superintendent for the Highlands & Islands.

The Council is asked to scrutinise the Local Performance Report against Highland Policing Plan Objectives April 2018 – March 2019.  

6.Suicide Prevention    
 Bacadh air Fèin-mhurt

There is circulated Joint Report No. HC/21/19 dated 12 June 2019 by the Chief Executive and Chief Superintendent on Suicide Prevention.

The Council is asked to:-

•consider the current national and local context for suicide prevention activity; and
consider and agree the proposal to take forward a piece of research to better understand the current evidence base and experience of suicide in Highland.

7.Promoting Wellbeing

(a) Mental Health & Wellbeing Action Plan

There is circulated Report No. HC/22/19 dated 12 June 2019 by the Acting Head of Policy.

The Council is asked to:-

• consider and agree the Mental Health and Wellbeing Action Plan; and 
• note that ongoing monitoring of the plan will be through the Council’s Poverty and Inequality Working Group and appropriate Strategic Committee as identified through the Governance Review. 

(b) Employee Assistance Programme

There is circulated Report No. HC/23/19 by the Head of People & ICT.

The Council is asked to:-

(i)   approve the proposal to undertake a procurement exercise for an Employee Assistance Programme (EAP) for use by staff and Members in the Highland Council. The EAP would offer telephone counselling support as well as Internet based support and information. The contract would be on a contract price base rather than pay as you go;
(ii)  agree that this is undertaken quickly by leveraging the procurement exercise recently undertaken by Aberdeen City and Aberdeenshire; and
(iii) agree that, once in place, the use of other counselling services is inhibited to offset the cost of the EAP. 

8.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 9 May as contained in the Volume which has been circulated separately.

9.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:-

Caithness Committee 15 May
Environment, Development and Infrastructure Committee 16 May 
Badenoch and Strathspey Area Committee 20 May 
Sutherland County Committee 22 May 
Corporate Resources Committee 23 May

**Care, Learning and Housing Committee 29 May 

Starred Items (2) as follows: 

Item 15 – Statutory Consultation – Closure of Altnaharra Primary School - agreed to recommend that education at Altnaharra Primary School be discontinued and its catchment area divided between those of Tongue Primary School, Farr Primary School and Lairg Primary. 

Item 18 – Review of the Statutory Consultation Exercise to establish a Gaelic Medium catchment area for Ullapool Primary School - agreed to recommend the creation of a Gaelic Medium catchment for Ullapool Primary School.  

City of Inverness Area Committee 30 May 
Caithness Committee (Special Meeting) 30 May
Isle of Skye and Raasay Committee 3 June
Nairnshire Committee 12 June
Audit and Scrutiny Committee 13 June    
            
10.Highland and Western Isles Valuation Joint Board                  
Co-Bhòrd Luachaidh na Gàidhealtachd is nan Eilean Siar

There are circulated for information Minutes of Meeting of the Valuation Joint Board held on 29 March 2019 (to be submitted to the Board on 21 June).

11.Membership of Committees, etc
Ballarachd Chomataidhean, msaa

Members are asked to agree the following:-

Environment, Development & Infrastructure Committee – Mrs H Carmichael to replace Mrs J Barclay as put forward by the Independent Group.

Care, Learning & Housing Committee – Mrs G Campbell-Sinclair to replace Ms K Currie as put forward by the SNP Group.  

NHS Health & Social Care Committee – Ms L Munro to replace Mr R MacDonald.

Items 12 and 13 will be considered at 2.00pm.

12. Question Time
Àm Ceiste                                                                                                                                                                                   

The following Questions have been received by the Head of Corporate Governance in terms of Standing Order 11 – 

(i) Mr J McGillivray 

To the Leader of the Council

“The Highland Council is a participant in a number of Limited Liability Partnerships (LLP).  It would be informative to be reminded as to the purpose of each LLP and who the other partners are in each case, if any, and what financial stake does Highland Council have in each LLP?

The response is circulated 

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

(ii) Mr J McGillivray

To the Chair of the Corporate Resources Committee

“What are the current best estimates for present total Highland Council debt and the annual financial commitment required to service this debt?”

The response is circulated 

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

(iii) Mr J McGillivray

To the Leader of the Council

“The move to consultation on the closure of Stoer Primary School will mean that shortly Highland Council will have shut down 4 Sutherland schools in 3 years. This raises the spectre, if not yet the substance, of another era of Sutherland Clearances. What substantive plans does the Administration have to bring about a regeneration of the extremely fragile Sutherland economy?”

The response is circulated 

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

(iv) Mr S Mackie 

To the Leader of the Council

“Given the Scottish Government’s announcement that the R100 programme to deliver complete access to 30Mbps internet to every home and business in Scotland’s most remote communities by the end of 2021 is set to be missed by at least one year, what communication has the Scottish Government had with the Highland Council prior to Mr Wheelhouse’s announcement in Parliament?”

The response is circulated 

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

(v) Mr S Mackie

To the Chair of the Environment, Development & Infrastructure Committee

“Official Highland Council guidance indicates that, unless extended, successful Community Asset Transfer requests should be completed by the Local Authority within a nine months’ timeframe.

The Thurso Heritage Society, whose asset transfer request of the former Pavilion building on Beach Road was agreed in 2018, have waited over a year and a half for their transfer to be conducted, with our service citing significant pressures on our legal staff.

Given that as a result of the delays the Thurso Heritage Society have been unable to apply for appropriate funding or begin work on making the pavilion their permanent home, what reassurances can the Administration give that the Highland Council has the commitment and the capacity required to process worthy requests in line with our own published guidance?”

The response is circulated

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

(vi) Mr A Jarvie

To the Chair of the Care, Learning & Housing Committee

“Can you provide a compilation of the percentage of children with level 3 and 4 ASN needs by each Local Committee area?”

The response is circulated

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

(vii) Mr A Jarvie

To the Chair of Care, Learning and Housing

“How many children in Highland, with either identified or suspected additional support needs, are currently unable to or do not attend school on less than a quarter timetable?”

The response is circulated 

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

(viii) Mr R Gale

To the Chair of the Environment, Development & Infrastructure Committee

“From the information that we are often provided with it would be reasonable to conclude that there has been a significant underinvestment in maintaining our schools. That being the case, and in light of the limited capital programme to replace schools that are in poor condition, what measures are being put in place to ensure that repairs are being carried out across the School estate in order to make our schools a safe and healthy place for Highland pupils?”

The response is circulated

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

(ix) Mr P Saggers

To the Chair of the Environment, Development & Infrastructure Committee

"The planning approval for the Longman Waste Plant is to be welcomed. Can you confirm whether or not the plant will be in operation to meet the January 1st 2021 deadline?"

The response is circulated 

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

(x) Mr R Laird

To the Chair of the Corporate Resources Committee

“How many jobs has the Council advertised in the last six months at less than the National Minimum Wage?”

The response is circulated

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

(xi) Ms E Knox

To the Chair of the Care, Learning & Housing Committee 

“On 16 May, the Stagecoach school bus services to Nairn Academy, Dingwall Academy and Culloden Academy were all at least 20 minutes late. Stagecoach reported that these delays were due to "vehicle unavailability in the depot".
On 17 May, the Stagecoach school bus from Beauly to Charleston was 20 minutes late. On 22 May, the Beauly to Charleston bus was delayed by 20 minutes again. On 23 May, the Beauly to Charleston bus was delayed by 30 minutes.
There were crucial Higher and National 5 exams on these dates and the delays were highly disruptive and distressing to pupils.  
What efforts are being made to enforce the terms of the Highland Council's School bus service contract with Stagecoach and ensure that our young people get to school on time and how is information about delays and timetable changes communicated to parents?”

The response is circulated

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

(xii) Mrs G Campbell-Sinclair

To the Leader of the Council

“2019 is the focal year of the International Year of the Salmon with research and outreach continuing until 2022
Environmental change and human impacts across the Northern Hemisphere are placing Salmon at risk.  The International Year of the Salmon aims to bring people together to share and develop knowledge more effectively, raise awareness and take action.
The Scottish component of IYS 19 was launched by the Scottish Government in October 2018, and the Scottish Government has committed to working with partners, to create a greater awareness of the ecological, social, cultural and economic value of salmon 
Atlantic Salmon populations across their range are in a serious and consistent decline, yet this important and fascinating species has a relationship with humankind stretching back into prehistory.
The importance of Wild Atlantic Salmon to the Highlands is undisputed.  However phenomena such as climate change, acid rain, predation at sea, disease and sea lice infestation as a result of commercial salmon farming have taken their toll.
Measures such as restocking and catch limits have been put in place locally, nationally and globally, but with little or no effect.  In short the sustainability of Wild Atlantic Salmon is at a critical point. 
The Wild Atlantic Salmon has a strong association with Scotland, and in particular with the Highlands.  The species is embedded and vitally important to both our culture and fiscal economy, but time is running out fast.
Will you recognise that this is a very serious issue and agree for Highland Council to call for, and organise, a Highland Seminar to include stakeholders and partners from Governmental, Education, Conservation and Angling interests as a matter of urgency?”

The response is circulated

Mrs Campbell Sinclair will be entitled to ask a supplementary question which will be answered by the Leader. 

(xiii) Mr A Baxter

To the Chair of the Environment, Development & Infrastructure Committee

“What is your assessment of the effectiveness of the routine use of weedkiller treatment on grassed areas instead of a cutting and strimming regime?

The response is circulated

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

(xiv) Mr A Baxter

To the Chair of the Care, Learning & Housing Committee:

“What is your assessment of the use of generic teacher interviews as a tool for workforce planning and its impact on staff morale in our schools?”

The response is circulated 

Mr Baxter will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee. 
  
13. Notices of Motion 
Brathan Gluasaid                                                                                 
                                                                                                   
The following Notices of Motion have been received in accordance with Standing Order 12 – 

(i) That, from December 2019, Highland Council meetings include a 20 minute time allocation for questions from members of the public. 

That the Chief Executive drafts the necessary changes to Standing Orders to accommodate the following intentions - each member of the public is permitted to ask one oral question per Council which must be notified in writing no later than noon on the Friday preceding the meeting. Each question must be delivered at the meeting exactly as submitted. One supplementary question will be allowed. 

Below are the criteria for questions: 

- No question will exceed 1 minute; 
- The question must refer to an issue which affects the Highland Council area or falls within the Council's responsibilities; 
- The question must not be substantially the same as a question which has been put at a meeting of the Council in the past 6 months; 
- The question must not be defamatory, frivolous, vexatious or offensive; 
- The question must not require the disclosure of confidential or exempt information; and 
- The question must not refer to individual planning or licensing matters or any matter of a personal nature.

Signed: Mr A Christie    Mrs A MacLean

(ii) Highland Council calls on the Scottish Government to take action to improve Rail Services across Highland with an emphasis on Punctuality, Relief Drivers, Availability, Cycle Transport, Toilet Reliability and provision of snacks/coffee trolleys.

Improvements to these services are urgently required to encourage tourism, reduce carbon inefficient road transport and improve the Highland reputation as an excellent place to live, work and travel in.

Signed: Mr W MacKay   Mr S Mackie

(iii) Highland Council recognises that enforceable 20mph speed limits on residential streets are widely supported in our communities. 20mph limits have a measurable impact on health and public safety through increasing the perception of safer streets and reduce the likelihood of serious accidents. The Council regrets that the existing legislation for rolling out 20mph zones is very costly, slow to implement and can lead to a patchwork of speed restrictions which is far from ideal.

The Council calls on the Scottish Government to urgently reconsider implementing a system similar where 20mph is the default speed limit for built-up residential areas.

Signed:  Mr B Thompson     Mr A Henderson    Mr B Lobban

(iv) On 6 September 2018 The Council agreed to "fully review its policy on weed killing and to explore affordable and safe alternatives [to products containing glyphosate], with a view to introducing those as soon as possible".
The Council continues to use products containing glyphosate in public spaces including children's playparks, and little progress has been made on the undertaking to identify alternatives.
The Control of Substances Hazardous to Health Regulations 2002 (COSHH) requires employers to prevent exposure to hazardous chemicals totally wherever possible, and if that is not possible the employer must:

1.See if work can be redesigned to avoid using chemicals altogether; or
2.Look to replace the chemical with a less dangerous substitute

Later in September 2018, The GMB Union, which represents around 630000 UK workers, called for a UK-wide ban on products containing glyphosate.

It was reported in the January 2019 edition of the respected HR journal, "Personnel Today'' that a 4 year study by the Institute of Occupational Medicine and the Health and Safety Executive found that workers were exposed to glyphosate despite wearing protective equipment.
There are now 3 successful lawsuits against Bayer/Monsanto involving the commercial and domestic use of Roundup where the court has held that glyphosate causes non-Hodgkin lymphoma. There are more than 13,000 similar lawsuits against Bayer/Monsanto ongoing.
In light of the growing evidence of the harm caused by glyphosate, this motion now calls for an immediate ban on the use of weed killing products that contain glyphosate, except for invasive species control and at dangerous road junctions where its use will be risk assessed on a case by case basis.
Wildflower planting provides a natural alternative weed control method and it is safer, attractive to residents and visitors, benefits the environment and attracts pollinating insects. This weed control method would realise considerable savings in the cost of product and the safety training and equipment associated with chemical weed killers. Where wildflower planting is not viable, organic weed killers and steam or hot water weed killing methods are available and these should be used except where chemical weed killer is required to eradicate invasive species such as Japanese Knotweed.

Signed:  Mr N McLean    Ms E Knox 

(v) Highland Council welcomes the aims and impact of Clean Air Day held on June 20th 2019 which inspires people to take action over air quality and protect their health.
 
Highland Council notes the UK Government statement that poor air quality is the largest environmental risk to public health. The Council notes in particular that air pollution from vehicles and other sources has a very detrimental impact on health, especially for children or those with existing health problems. 
Air pollution is estimated to be responsible for over 2,500 deaths every year in Scotland and costs the Scottish economy over £1.1 billion each year. The Council recognises that these impacts are also felt in the Highlands and further recognises that air pollution has been clearly linked with heart attacks, strokes, asthma, diabetes, cancers, restricting children’s lung development, and is associated with dementia, low birth weight and premature birth. 
The Council notes that there are several ways that people can improve air quality in their homes and in their neighbourhoods, some of which include:

• Open your window when cooking or using cleaning products
• Choose paints and varnishes that are labelled low volatile organic compounds 
• Think about how you do your cleaning
• Regularly service your boiler
• Consume less energy 
• Recycle your compostables
• Use your car less and/or switch driving a car to walking, cycling or using public transport
• Discover the side streets
• Avoid strenuous activity when pollution is high
• Switch your engine off when stationary

The Council agrees to support Clean Air Day 2020, with a report being submitted to the Environment, Development and Infrastructure Committee on what the individuals, communities and organisations can do to improve air quality and protect their health with the Council undertaking subsequent awareness raising though the its media channels.

Signed:   Mr B Thompson    Mrs M Davidson

14.Capital Programme Refresh
Ùrachadh a’ Phrògraim Chalpa 
                                                               
(a) Corporate Capital Programme and the Current Financial Context 
Co-theacsa Ionmhasail

There will follow Report No. HC/24/19. 

(b) Care & Learning Capital Programme
Prògram Calpa Sgoiltean

There will follow Report No. HC/25/19.

15.Change Strategy and Change Fund Phase 3
Cunntas às Ùr mun Phrògram Atharrachaidh & Tagraidhean Maoin Atharrachaidh Ìre 3

There is circulated Report No. HC/26/19 dated 18 June 2019 by the Chief Executive. 

Members are asked to note positive progress being made to implement the Change Programme and agree that:-

i.The 4 priority areas for expenditure from the third phase of the Change Fund will be:

- 3 packages of external research and advice relating to (i) the current Community Services revenue budget: £75,000; (ii) Investigation, analysis and options for improvement to the Council’s financial and performance systems: £70,000; and (iii) an analysis of suicide data to inform new partnership strategy for prevention: £15,000; and
 
- Asset and Energy Management – Project Management, specialist expertise, EPC compliance and legal conveyancing: £172,000.

ii. A total sum of £332,000 to be approved for expenditure from the Change Fund in 2019/20 against the 4 areas as detailed in Section 10.

16.Governance Review: Progress update, initial recommendations and next steps 
Ath-sgrùdadh Riaghlachais

There is circulated Report No. HC/27/19 dated 20 June 2019 by the Chief Executive.

Members are asked to note the progress made by the Review to date and agree:-

(i)  changes to Audit and Scrutiny Committee including a reduction in the membership and introduction of a mandatory training programme;
(ii) the development of an enhanced Training, Development and Wellbeing Programme for all elected Members for September Council; 
(iii)changes to report formats; and
(iv) the revised schedule and reporting framework for the Governance Review.

17.Transitional Management Arrangements    
Ath-structaradh Eagrachail – Ullachaidhean Stiùiridh Eadar-amail

There is circulated Report No. HC/28/19 dated 18 June 2019 by the Chief Executive.

The Council is asked to agree the temporary arrangements in place to cover statutory functions in Education, Social Work and Financial Governance.

The Council is also asked to consider progress to date on recruitment to the newly established Chief Operating Officer and Executive Chief Officer posts.   

18. Annual Accounts for the Year to 31 March 2019                                                       
Aithris air Cunntasan Neo-sgrùdaichte

There is circulated Report No. HC/29/19 dated 18 June 2019 by the Head of Corporate Finance and Commercialism.

The Council is asked 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 31 March 2019 and note that these will be presented to the appointed Auditor by the prescribed date of 30 June 2019.

19.Update on the Council’s long term arrangements for managing its Residual Waste                                                                         
Pròiseact Sgudail Iarmadaich

There is circulated Report No. HC/30/19 dated 20 June 2019 by the Head of Environmental and Amenity Services. 

Members are asked to note the contents of the report.

Members are also asked to agree that:-

(a) the Council will continue to develop invitation to tender documentation for a waste management facility and publish the opportunity in the market during late Summer 2019; and

(b) Officers continue to work with the Scottish Government to develop transition arrangements towards the ban on landfilling its waste.   

20. Suspension of European Social Fund Payments
             
There is circulated Report No. HC/31/19 dated 18 June 2018 by the Director of Development & Infrastructure. 

Members are asked to:-

(i) note the suspension of European Social Fund payments; and

(ii) endorse actions already underway seeking urgent information from the Scottish Government to enable the Council to determine whether Council supported activity is directly affected and thus, whether there is a need to take mitigating action or not.

21.Review of the Highland Scheme of Establishment for Community Councils 2018-19 – Phase 1 feedback     
Ath-sgrùdadh Comhairle Coimhearsnachd – Molaidhean Co-chomhairle Dàrna Ìre

There is circulated Report No. HC/32/19 dated 15 June 2019 by the Acting Head of Policy.

The Council is asked to note the feedback received during the Phase 1 consultation as part of the review of the Community Council Scheme

The Council is asked to agree the following proceed to Phase 2 consultation:-

• Revised Phase 1 boundary proposals set out at 5.3;
• New boundary proposals received as part of Phase 1 at 5.5;
• Recommendations for amending the existing Scheme proposals set out at Paragraphs 5.9-5.12
• New proposals to amend the Scheme set out at 5.13.

22.Climate Change Update           
Cunntas às Ùr mu Atharrachadh Gnàth-shìde

There is circulated Report No. HC/33/19 dated 12 June 2019 by the Director of Development & Infrastructure.

Members are asked to note the contents of the report and that an update report will be brought back to the Council in September 2019 once the Climate Change Members Panel has met and agreed an action plan.  

23.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 9 May is available in the Members’ Library and on the Council’s Website.

24.Recess Powers
Cumhachdan Fosaidh

The Council is invited to agree that, during the recess period, powers should be granted to the Chief Executive, Director of Development & Infrastructure, the interim Chief Officer (Resources for the Care and Learning Service) and the interim Chief Officer (Resources for Community Services) in consultation with the Convener, Leader of the Council, Depute Leader of the Council, relevant Committee 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.