Agendas, reports and minutes

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 5 September 2019 at 10.35am.

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

Present:    
Mr G Adam, Mr R Balfour, Mrs J Barclay, Mr A Baxter, Mr B Boyd, Mr R Bremner (v/c), Mr I Brown, Mr J Bruce, Mrs C Caddick, Mrs I Campbell, Mrs G Campbell-Sinclair, Mrs H Carmichael, Mr A Christie, Mr I Cockburn, Mrs M Cockburn (v/c), Mr G Cruickshank, Ms K Currie, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr C Fraser, Mr L Fraser, Mr R Gale (v/c), Mr A Graham, Mr J Gray, Mrs P Hadley, 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 (v/c), Mr A MacInnes, Mrs D Mackay, Mr D Mackay, Mr W MacKay (v/c), Mr G MacKenzie, Mrs I MacKenzie, Mr S Mackie, Mr A Mackinnon, Ms A MacLean, Mr C MacLeod, Mr D MacLeod, Mr D Macpherson, Mr R MacWilliam, Mrs B McAllister, Mr J McGillivray (v/c), Mr N McLean (v/c), Mr H Morrison, Ms L Munro, Mrs P Munro, Mrs M Paterson, Mr M Reiss, Mr A Rhind, Mr D Rixson, Mrs F Robertson, Mrs T Robertson, Mr K Rosie, Mr G Ross, Mr P Saggers, Mr A Sinclair, Ms N Sinclair (v/c), Mr C Smith, Ms M Smith, Mr B Thompson 

In Attendance:    
Chief Executive
Director of Development & Infrastructure
Executive Chief Officer, Resources & Finance    Executive Chief Officer, Performance and Governance 
Executive Chief Officer, Customer and Communities 

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mr B Allan, Miss J Campbell, Mr J Gordon, Mr K Gowans, Mr I Ramon and Mrs C Wilson.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 7 – Mr R Balfour and Mrs C Caddick (Non-Financial)
Item 18 – Mrs I MacKenzie, Mr A Henderson, Mr D Louden and Mr H Morrison (Financial)
Item 18 – Mr A Jarvie, Mr D Macpherson and Mr T Heggie (Non-Financial) 

Prior to commencement of the formal business, it was AGREED to convey congratulations to Mr Sandy Scott who had been chosen to represent Great Britain and Ireland in the Walker Cup Golf match against the USA. This was the highest honour available to amateur golfers and Members wished Sandy and his team mates every success at the Hoylake Golf Club in the forthcoming weekend.

It was also NOTED that a Special Meeting of the Environment, Development & Infrastructure Committee had been arranged to discuss the car parking policy for the Highland area and would be held on 24 October 2019.  

3. Membership of the Council
Ballrachd na Comhairle

It was NOTED that Mr Richard Laird had tendered his resignation as a Member of the Council with effect from the end of the Council meeting on 5 September 2019.

In this regard, and in wishing him success in his new career, Mr Laird’s impressive and outstanding contribution to the work of the Council, both at Headquarters and at Ward level, was highlighted by Members across the Chamber. Specific reference was made to the invaluable work which he had undertaken during his time as a Councillor, including the highlighting of mental health issues, addressing all aspects of poverty & inequality, the detailed examination of all relevant issues as part of the determination of local planning applications and successfully speaking out against fixed odds betting terminals (which had subsequently led to a change in the legislation in this regard).

In response, Mr Laird thanked colleagues and staff across the Council as well as the Scottish National Party, his Election Agents, the residents within Ward 14 (Inverness Central) who had elected him on two occasions and the SNP Group within the Council. In addition, he highlighted the challenges being faced daily by Local Councillors at a time of unprecedented challenges and difficulties at both a local and national level. Specifically, he expressed the opinion that there was now an urgent need for the re-examination of all aspects of the Local Councillor role (and potentially a change to the legislation in this respect) on the basis that this had now become a full-time occupation and did not (and could not) provide an appropriate work/life balance. As such, there was real concern as to how and by whom this role would be taken forward in the years ahead.            

Thereafter, it was further NOTED that a By-Election for Ward 14 (Inverness Central) would be arranged and further details would follow in due course.

4. Recess Powers
Cumhachdan Fosaidh
 
It was NOTED that the recess powers granted at the meeting on 27 June 2019 had not required to be used in relation to the full Council. 

5. Presentation – Wester Ross Biosphere
Taisbeanadh – Bith-chruinne Rois an Iar
 
A Presentation was undertaken at the meeting on the work of Wester Ross Biosphere during which details of the Strategic Plan for 2018-2023 were highlighted, including the main themes of Communication, Sustainable Development, Knowledge Sharing and Conservation.

In this regard, information was also provided on the proposed outcomes from April 2020 and beyond.  

Decision

The Council NOTED the terms of the presentation as detailed – on the basis that any issues could be discussed during the lunch recess period.

6. Confirmation of Minutes 
Daingneachadh a’ Gheàrr-chunntais
                                                               
There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 27 June and of the Special Meeting held on 22 August as contained in the Volume which had been circulated separately which were APPROVED.

7. 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 Volume circulated separately as undernoted:-

Pensions Committee, 8 August
Ross & Cromarty Committee, 14 August
Environment, Development & Infrastructure Committee, 15 August
Badenoch & Strathspey Area Committee, 19 August
City of Inverness Area Committee (Special Meeting), 20 August
Sutherland County Committee, 22 August
Caithness Committee, 27 August
Corporate Resources Committee, 28 August

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

Care, Learning & Housing Committee, 21 August

Starred Item 16 – Review of the Statutory Consultation Exercise to establish a 3-18 Campus in Tain  

AGREED that education provision be discontinued at Tain Royal Academy, Craighill Primary School, Knockbreck Primary School and St Duthus Special School and relocated to a new 3 to 18 Campus to be established on the site of the existing Craighill Primary School.

Starred Item 17 – Review of the Statutory Consultation Exercise to establish a Gaelic Medium Catchment Area for Mallaig Primary School  

AGREED the creation of a Gaelic Medium catchment area for Mallaig Primary School on the basis shown on the map at Appendix 3 of the report.

Starred Item 23 – Youth Works Highland – Highland Youth Work Strategy 2019-2024  

AGREED that Mrs A MacLean (Non-Member of the Committee) should attend the Youth Work Improvement Group.    

City of Inverness Area Committee, 29 August 

Declarations of Interest – Mr R Balfour and Mrs C Caddick declared non-financial interests in the following Starred Item 11 as members of the Northern Meeting Park Association and the Northern Meeting Piping Trust respectively 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 and voting.   

Starred Item 11 – Inverness Events and Festivals – Review of 2019-20 to date and Proposals for 2022-21

AGREED that Officers should support the Events and Festivals Working Group to work with partners to deliver a programme of events in Northern Meeting Park to generate the additional income required to deliver the agreed programme, subject to ensuring that all reasonable steps were taken to ensure that any current users which might suffer detriment were given advice and support where appropriate.

In this regard, clarification was provided at the meeting that Officers would work with partners and explore in principle the opportunities to generate additional income through the Northern Meeting Park which was a Council asset and therefore ownership and contractual matters were not within the decision making remit of the City Committee.      

Lochaber Area Committee, 29 August  

Starred Item 6 – Lochaber Car Parking Income 

It had been agreed to recommend the introduction of 2 hours free car parking in the Viewforth and Middle Street Car Parks, Fort William commencing on Friday, 29 November 2019 to the close of business on Friday, 3 January 2020.

In this regard, it was confirmed that a similar timescale for free parking in the period before Christmas had been agreed by the Council in the previous year. At that time, it had been understood that clarity would follow from the Administration in respect of car parking budgets being disaggregated to local areas - with a target set for local areas and any surplus over that target being apportioned to the Local Area Committee to determine on how they wished it to be spent from the Community Services budget. However, it was now understood that this might no longer be the case and that a Special Meeting of the Environment, Development & Infrastructure Committee had now been arranged for 24 October when this matter would be further discussed. In the absence of clarity on this issue, this further request for a period of free parking in the current year had now been agreed by the Local Committee.

In support of the request from the local Committee, it was highlighted that a budget of £420k had been set in the current financial year for car parking income and an assessment from Officers was that around £490k would be achieved by the end of the year. As such, what was considered to be a modest request in the sum of approximately £7.5k to repeat the free parking arrangements from the previous year in Fort William was set against the background of very hard decisions which had had to be taken by Lochaber Members in terms of setting car parking charges for their area at a time when the situation was not equal across the rest of the Highland Council area as had been expected.

In response, the Budget Leader highlighted that, whilst not moving an amendment to the proposal from the Lochaber Area Committee, this had to be viewed within the context of the Council’s budgetary position whereby it had already been stated that no action should be taken which had the result of reducing income received by the Council and thereby increasing any forecast overspend.

Thereafter, the Council otherwise AGREED the recommendation from the Lochaber Area Committee as detailed.         

Starred Item 7 – Corran Ferry Service Update 

It had been agreed to recommend that future charges for foot passengers and pedal cyclists should be determined by the Lochaber Area Committee.

In this respect, it was clarified that permission was being sought to determine these charges locally in view of the unique and distinctive geographical location in which the Corran Ferry was based and as such it was hoped that overall control would be placed with the local Committee at some point in the future.

At this point, the Budget Leader highlighted the considerable responsibilities of the Council in respect of overall liability for the Corran Ferry and suggested that the appropriate way forward was for the local Committee to continue to make recommendations to the Environment, Development & Infrastructure Committee. In this respect, it was highlighted that this did not prevent the local Committee from influencing decisions and that it would perhaps be appropriate for a report to be submitted to a future meeting of the Council and/or the Environment, Development & Infrastructure Committee to detail the current arrangements in full and allow further discussion in this regard. 

Thereafter, Mr A Baxter, seconded by Mr B Thompson, MOVED the recommendation from the Lochaber Area Committee that future charges for foot passengers and pedal cyclists should be determined by that Committee.

As an AMENDMENT, Mr A MacKinnon, seconded by Mr A Christie, moved that proposals from the Lochaber Area Committee should be considered as recommendations by the Environment, Development & Infrastructure Committee.

On a vote being taken, the MOTION received 31 votes and the AMENDMENT received 31 votes, with 1 abstention.

On the casting vote of the Convener, the AMENDMENT was CARRIED, the votes having been cast as follows:-

For the Motion:
Mr R MacWilliam, Ms K Currie, Mr R Laird, Mr C MacLeod, Mr A Baxter, Mr R Balfour, Mr L Fraser, Mr A Sinclair, Mr S Mackie, Mr C Smith, Mr I Brown, Mr C Fraser, Mr D Louden, Mr A MacInnes, Mrs G Campbell-Sinclair, Mrs L MacDonald, Mr B Thompson, Mr D MacLeod, Mr J Bruce, Mr D MacKay, Mr G Cruickshank, Mr G MacKenzie, Mr D Rixson, Mr A Jarvie, Mrs I MacKenzie, Mr P Saggers, Mr A Henderson, Mr R Bremner, Ms N Sinclair, Mr N McLean and Mr J McGillivray.  

For the Amendment:
Mrs M Paterson, Mr G Ross, Ms L Munro, Mrs D MacKay, Mrs B McAllister, Mr D Macpherson, Mr A Rhind, Mr J Finlayson, Mr T Heggie, Mr M Finlayson, Mrs T Robertson, Mrs C Caddick, Mr B Boyd, Mr K Rosie, Mr H Morrison, Mr M Reiss, Mrs F Robertson, Mrs I Campbell, Mr A Graham, Mr B Lobban, Ms M Smith, Dr I Cockburn, Mrs H Carmichael, Mrs M Davidson, Mr A MacKinnon, Mr A Christie, Mr J Gray, Mrs M Cockburn, Mr W MacKay, Mr R MacDonald and Mr R Gale.   

Abstention:
Mrs J Barclay.

The Council therefore AGREED that proposals from the Lochaber Area Committee should be considered as recommendations by the Environment, Development & Infrastructure Committee.               

Also Starred Item 6 – Introduction of Car Parking Charges for West Bay, Mallaig 

It had been agreed to recommend the introduction of car parking charges for West Bay, Mallaig with the revenue raised to be included in a disaggregated Community Services budget for Lochaber within an extended local control budget as previously agreed by the full Council on 28 June 2018. Also, a report to be brought back to Lochaber Members before June 2020 advising how additional car parking revenue raised from West Bay, Mallaig could be reinvested locally, especially to improve infrastructure and the tourist experience in the Mallaig, Morar and Arisaig areas in line with the recommendations of the Redesign Review on Car Parking.

In this respect, the arrangement of a Special Meeting of the Environment, Development & Infrastructure Committee on 24 October 2019 to further discuss car parking policy was welcomed and it was hoped that this recommendation from the Lochaber Area Committee would influence that discussion. Specifically, the recommendation sought to provide transparency over car parking income and how it was spent, allow the input of Local Members in that regard and set a timeline for implementation. As such, the recommendation did not seek to make a claim on any percentage of revenues to be ring-fenced in Mallaig or Lochaber.

It was important for this recommendation to be agreed in order to provide transparency and to include residents in Mallaig in any future discussions with a view to solving parking issues in that location. 

It was also contended that community support from across the Highlands would be vital in relation to implementing proposals for car parking charges which would provide much needed additional income for the Highland area as a whole.

Thereafter, the Council otherwise AGREED the recommendation from the Lochaber Area Committee in respect of the introduction of car parking charges for West Bay, Mallaig as detailed.          

8. Recruitment Panel - Executive Chief Officers  
Pannal Fastaidh – Prìomh Oifigearan Gnìomhach

There had been circulated Minutes of Meetings of the Recruitment Panel as follows which were NOTED:-

Executive Chief Officer: Resources and Finance, 1 July 2019;
Executive Chief Officer: Customer and Communities, 3 July 2019;
Executive Chief Officer: Health and Social Care, 4 July 2019; and
Executive Chief Officer: Performance and Governance, 16 August 2019.

9. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

Highland Licensing Committee/Highland Licensing Board

It was NOTED that Dr I Cockburn had confirmed his resignation as a Member of the Highland Licensing Committee and Highland Licensing Board with effect from 1 October 2019 and that the following nominations had been received for the vacant place –

Mr B Thompson (Ward 11)
Mr A MacInnes (Ward 5)

On a vote being taken, Mr Thompson received 40 votes and Mr A MacInnes received 20 votes, with 4 abstentions, the votes having been cast as follows:-

Votes for Mr Thompson
Mr A Baxter, Mr R Balfour, Mrs M Paterson, Mr G Ross, Mr L Fraser, Mrs D MacKay, Mrs B McAllister, Mr A Sinclair, Mr S Mackie, Mr C Smith, Mr D Macpherson, Mr B Thompson, Mr A Rhind, Mr J Finlayson, Mr T Heggie, Mr M Finlayson, Mrs T Robertson, Mrs C Caddick, Mr D MacLeod, Mr J Bruce, Mr D MacKay, Mr H Morrison, Mr M Reiss, Mrs F Robertson, Mrs I Campbell, Mr D Rixson, Mr A Graham, Mr A Jarvie, Mrs I MacKenzie, Mr P Saggers, Mr B Lobban, Mrs H Carmichael, Mrs M Davidson, Mr A MacKinnon, Mr A Henderson, Mr A Christie, Mr J Gray, Mr W MacKay, Ms N Sinclair and Mr R MacDonald.   

Votes for Mr MacInnes
Mr R MacWilliam, Ms K Currie, Mr R Laird, Mr C MacLeod, Mr I Brown, Mr C Fraser, Ms E Knox, Mr D Louden, Mr A MacInnes, Mrs G Campbell-Sinclair, Mrs L MacDonald, Mr B Boyd, Mr K Rosie, Mr G MacKenzie, Mrs J Barclay, Ms M Smith, Dr I Cockburn, Mrs M Cockburn, Mr R Bremner and Mr N McLean.

Abstentions
Mrs L Munro, Mr G Cruickshank, Mr R Gale and Mr J McGillivray.  

In addition to agreement that the vacant place would be taken by Mr B Thompson with effect from 1 October 2019, above, Members were reminded that the Highland Licensing Committee and Highland Licensing Board would appoint their new Chairs at their next available meetings.  

Audit & Scrutiny Committee

The Council AGREED the revised membership of the Audit & Scrutiny Committee as follows – Mr G MacKenzie, Mr P Saggers, Mr D Louden, Mr B Boyd, Mr R Bremner, Mr G Adam, Mrs A MacLean, Mr S Mackie, Mrs M Davidson, Mr R Balfour, Mrs M Paterson, Mr B Thompson, Mrs J Barclay and Mr D Macpherson.         

Environment, Development & Infrastructure Committee 

The Council AGREED the following as put forward by the SNP Group:-

Mr D Louden to replace Ms K Currie

10. Question Time 
Àm Ceiste                                                                                             

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

(i)  Mr J McGillivray

To the Leader of the Council 

“As agreed at the Council Budget meeting of March 2018, can the Administration put on public record the summary table showing budgeted and actual capital spending for the financial year 2018-19 for each Area?”

The response had been circulated.

In terms of a supplementary question, it was queried as to what schools were next for closure in Sutherland and also whether further information could be provided in relation to the Dornoch Community Skips facility. 

In response, it was confirmed that the Leader and Budget Leader would meet with Mr McGillivray to discuss the issues which had been raised.  

(ii) Mr J McGillivray

To the Leader of the Council

“For the financial year 2018-19, what are the budgeted and actual spends for each Area arising from the Inverness City/Region deal?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether any money would be forthcoming from the City/Region Deal funds to support the Dornoch Sports Shed project.

In response, it was confirmed that the Leader and Budget Leader would meet with Mr McGillivray to discuss this issue. 

(iii) Mr A Baxter

To the Leader of the Council 

“Which communities have been consulted on the introduction of car parking charges, since my question to you at the full council meeting on 9th May 2019, and can you provide details of reports presented to Area Committees in relation to the roll out of car parking charges within the area of their remit and list those car parks where charging has been introduced since 9th May 2019?”

The response had been circulated. 

In terms of a supplementary question, it was queried if the Leader, when car parking charges were proposed in specific areas, would ask a Local Member to lead their community and set charges suitable for their area or alternatively seek the transfer of the asset to the community.
In response, it was confirmed that the Council had not yet taken a position on whether or not to include car parks in asset transfers but this would be discussed at the Special Meeting of the Environment, Development and Infrastructure Committee which had just been arranged.

(iv) Mr D Louden

To the Chair of the Corporate Resources Committee

“You and the Chief Executive indicated some time ago that Highland Council would be purchasing a software program to allow Members and Officers to properly scrutinise and access the accounts on a daily basis to enable an accrual adjusted examination of them. When will this be implemented as we are now entering accounting Quarter 2?”

The response had been circulated.  

In terms of a supplementary question, it was queried as to whether it was possible when reporting subjective code listing of variances exceeding £100k (over or under budget) to highlight those variances.
In response, it was confirmed that consideration was currently being undertaken in relation to a CIPFA model of accounting and a further report would be submitted to the Council in due course.

(v)  Mr D Louden

To the Leader of the Council

“Is the Brexit Working Group due to meet very soon as the leaving date for Brexit is looming and the last time it met was many months ago?”

The response had been circulated.

In terms of a supplementary question, it was queried whether an assurance could be given that the Brexit Working Group would meet more frequently in future.
In response, it was confirmed that the Working Group would meet as often as necessary in future in light of the current circumstances pertaining to this issue.

(vi) Mr C Fraser

To the Chair of the Environment, Development & Infrastructure Committee 

“With regards to the major capital projects that the Council will be doing in the future, can we get assurances that all projects will have complete financial control systems in place and any variations to the original signed contracts will be kept to an absolute minimum?”

The response had been circulated. 

In terms of a supplementary question, it was queried whether an assurance could be given that variations to original signed contracts would be reduced to a minimum as a priority for the Design Team and signed off by the Full Council before tender documents were issued.
In response, it was confirmed that this proposal should be put in writing in the first instance and it would then be considered further.

11. Notices of Motion 
Brathan Gluasaid 
               
The following Notices of Motion had been received in accordance with Standing Order 12 – 

(i)Increased use of electric vehicles is important as we respond to the declaration of a Climate Emergency and a target of carbon neutral by 2025. The Council will engage with Scottish Government to allow and regulate the use of electric scooters in urban areas.

Signed:  Mrs T Robertson, Mrs C Caddick, Mrs A MacLean

During discussion, Members raised the following issues:-

• it had to be recognised that increased use of electric vehicles was becoming an essential part of tackling the climate change emergency and this had already been proved in many parts of Europe through their increased use. However, it was acknowledged that dependence on other forms of travel was often unavoidable at present in the Highland area;
• although they were growing in popularity, it was a fact that it was currently illegal for electric vehicles/scooters to be used on roads and pavements and their use on private land was only allowed with the permission of the landowner. As such, there was a need for the current law to be reviewed and hopefully changed to allow their use in future;
• there was a need for this issue to be taken forward but it was recognised that the logistics surrounding the introduction of electric vehicles in the Highlands  could be problematic;
• there was a requirement in the current circumstances to ensure that legislation kept pace with technology in this regard;
• if electric vehicles were to be introduced, there would be a need for education in the first instance in relation to the legal aspects of their ownership and use;
• whilst it was acknowledged that electric scooters offered an effective means of travel in Europe, this was often in cities where there were wide streets/pavements and dedicated cycle lanes, along with traffic lights which gave priority to electric scooter users and pedestrians which was not currently the case in the UK;
• there had been a number of high profile road infringements in the UK from an activity which was currently illegal and this was concerning. As such, the safety of all road users had to be paramount, with a particular focus on the needs and safety of those people who were disabled and wheelchair users;
• additional funding would be required to allow the provision of dedicated lanes on roads and this would require classification as a high priority alongside other issues;
• the Scottish Government did not currently have the authority to legalise electric scooters on Scottish roads so any lobbying in this regard would require to be directed to the UK Government;
• in light of the issues which had been raised, it would perhaps be more appropriate in the first instance for a report to be submitted to a future meeting of the Environment, Development & Infrastructure Committee to allow consideration of all issues, including those relating to health & safety and use on public roads and pavements; and
• there was concern that roads and pavements across the Highlands were not suitable for this type of vehicle.

Thereafter, Mrs T Robertson, seconded by Mrs C Caddick, MOVED the terms of the Notice of Motion as detailed – subject to reference to the ‘Scottish Government’ being changed to the ‘UK Government’.

As an AMENDMENT, Mr R MacWilliam, seconded by Mr B Boyd, moved that a Briefing Paper should be submitted to a future meeting of the Environment, Development & Infrastructure Committee on the potential use of electric scooters in urban areas, specifically to take account of any related issues which would need to be considered in the first instance, such as infrastructure or safety concerns.

On a vote being taken, the MOTION received 23 votes and the AMENDMENT received 32 votes, with 6 abstentions, and the AMENDMENT was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr R Balfour, Mr D Macpherson, Mr B Thompson, Mr T Heggie, Mrs A MacLean, Mrs T Robertson, Mrs C Caddick, Mr J Bruce, Mrs F Robertson, Mrs I Campbell, Mrs J Barclay, Mr D Rixson, Mr A Graham, Mr B Lobban, Mrs H Carmichael, Mrs M Davidson, Mr A MacKinnon, Mr A Christie, Mr J Gray, Mr W MacKay, Ms N Sinclair, Mr R MacDonald and Mr R Gale. 

For the Amendment:
Mr R MacWilliam, Mr R Laird, Mr C MacLeod, Ms P Hadley, Mr A Baxter, Mrs M Paterson, Mr G Ross, Mr L Fraser, Mr A Sinclair, Mr S Mackie, Mr C Smith, Mr I Brown, Mr C Fraser, Ms E Knox, Mr D Louden, Mr A MacInnes, Mrs G Campbell-Sinclair, Mrs L MacDonald, Mr D MacLeod, Mr D MacKay, Mr G Cruickshank, Mr B Boyd, Mr K Rosie, Mr G MacKenzie, Mr P Saggers, Ms M Smith, Dr I Cockburn, Mr A Henderson, Mrs M Cockburn, Mr R Bremner, Mr J McGillivray and Mr N McLean.

Abstentions:                     
Mrs D MacKay, Mrs B McAllister, Mr J Finlayson, Mr M Reiss, Mr A Jarvie and Mrs I MacKenzie.

Decision

The Council AGREED the following amended Notice of Motion:-

A Briefing Paper to be submitted to a future meeting of the Environment, Development & Infrastructure Committee on the potential use of electric scooters in urban areas, specifically to take account of any related issues which would need to be considered in the first instance, such as infrastructure or safety concerns.

(ii)Since our recent declaration of a Climate Emergency, Highland Council commits to having more trees planted throughout the Highlands as a carbon sink, an economic measure and a recreational facility. 

Specifically, the Council will (a) approach both the Scottish and UK Governments for financial support to pursue a major tree planting campaign to provide a Highland carbon sink (b) ensure that all available funding routes for forestry are widely advertised to all eligible groups (c) work to identify land where trees can be planted (d) commit to planting trees on its own estate wherever feasible (e) encourage the establishment of community groups with a focus on planting trees (f) encourage its schools and school children to engage in tree planting schemes and (g) commit resources and Officer time to (i) disseminating knowledge about the suitability of trees, soils, fencing, seeds and saplings (ii) helping access sources of funding and (iii) stimulating business usage of wood products for house building, fencing, furniture making, wood working, etc.

Signed:    Mr D Rixson, Mrs T Robertson

During discussion, Members raised the following issues:-

• the intention from this Motion was for a ‘carbon sink’ to be created in the Highlands as a result of the planting of as many trees as was possible which would serve the purposes of recreation as well as addressing the current climate change emergency;
• it was important to highlight that people wanted action to be taken in relation to climate change and in that regard the Council would have to work in partnership with the Scottish Government and partners to achieve the best possible outcomes;
• there was also a need to recognise the excellent work which had already been undertaken in the area by various individuals and organisations. As such, there was a need to continue to encourage and inspire as many people as possible to become involved by bringing their enthusiasm and expertise to projects which led to cultural change;
• addressing the current climate emergency through the planting of millions of trees had already been undertaken around the world and it was suggested that this could easily be replicated in the Highlands;
• it was imperative that local communities were encouraged to become involved in local schemes whenever and wherever possible;
• consideration should be given to the possibility of planting a tree for every child who had started Primary 1 in the current year;
• to enable progress to be made within a shorter timescale, it would be important for the corporate/commercial sector to become involved in future projects;
• there was an opportunity for conditions to be set in relation to tree planting as part of consideration of future planning applications and this should be taken forward by the Council through local development plans as a priority;
• the actions currently being undertaken by schools and school children was very impressive and should be highlighted;
• there was a need to actively engage with key partners and local communities across the Highlands to ensure the future success of projects to address climate change;
• it would be preferable to consider and build on the work which had already been undertaken in the Highlands wherever possible;
• in terms of the planting of trees, it would be important to use native trees in the Highlands;
• the Scottish Government had already made excellent progress on climate change issues in comparison with other parts of the UK and this was welcomed;
• it would be essential to highlight any proposals for tree felling as part of future planning applications;
• moving away from fossil fuels and the planting of trees would be paramount in dealing with climate change in future and the huge open landscape meant that the Highlands could make a significant contribution in this regard in future;
• it should be highlighted that the European Union had been the major funder for tree planting in the Highlands over the past 40 years;
• communities had a huge role to play in future and the possibilities for community buy-outs of forestry land in particular should be taken forward whenever possible.

Thereafter, Mr D Rixson, seconded by Mrs T Robertson, MOVED the terms of the Notice of Motion as detailed. 

As an AMENDMENT, Mr K Rosie, seconded by Mr D Louden, moved the wording in the first paragraph of the Notice of Motion only, together with the following additional wording – 1) the Highland Council will commit to work with all Governments, public agencies and the private sector to identify sources of funding support to pursue a major tree planting campaign and existing woodland restoration programme to further enhance the Highland carbon sink, 2) work to identify land where trees can be planted on the Highland Council estate and plant trees wherever feasible, 3) encourage and support our schools and school children to engage in tree planting and actively engage pupils to understand the benefits to the environment that trees have using existing expert organisations such as Lantra and 4) actively engage with Forest Scotland, Forest and Land Scotland, UHI, Scottish Water, Scottish Natural Heritage, the third sector and the private sector to ensure a viable and sustainable future at community level for the tree and timber sector.

On a vote being taken, the MOTION received 38 votes and the AMENDMENT received 22 votes, with 3 abstentions, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mrs M Paterson, Mr G Ross, Mrs D MacKay, Mrs B McAllister, Mr A Sinclair, Mr D Macpherson, Mr B Thompson, Mr A Rhind, Mr T Heggie, Mrs A MacLean, Mrs T Robertson, Mrs C Caddick, Mr D MacLeod, Mr J Bruce, Mr D MacKay, Mr G Cruickshank, Mr H Morrison, Mr M Reiss, Mrs F Robertson, Mrs I Campbell, Mrs J Barclay, Mr D Rixson, Mr A Graham, Mr A Jarvie, Mrs I MacKenzie, Mr P Saggers, Mr B Lobban, Mrs H Carmichael, Mrs M Davidson, Mr A MacKinnon, Mr A Henderson, Mr A Christie, Mr J Gray, Mr W MacKay, Ms N Sinclair, Mr R MacDonald, Mr R Gale and Mr J McGillivray.   

For the Amendment:
Mr R MacWilliam, Mr R Laird, Mr C MacLeod, Ms P Hadley, Mr A Baxter, Mr R Balfour, Mr L Fraser, Mr I Brown, Mr C Fraser, Ms E Knox, Mr D Louden, Mr A MacInnes, Mrs G Campbell-Sinclair, Mrs L MacDonald, Mr J Finlayson, Mr K Rosie, Mr G MacKenzie, Ms M Smith, Dr I Cockburn, Mrs M Cockburn, Mr R Bremner and Mr N McLean. 

Abstentions:
Mr S Mackie, Mr C Smith and Mr B Boyd.                         

Decision

The Council AGREED the Notice of Motion as detailed.

(iii)Highland Council recognises the widespread disappointment at the granting of planning permission by the Scottish Government for Limekilns windfarm, close to Reay village, after hundreds of local objections and rejection on two occasions by Highland Council North Planning Applications Committee.

We call upon the Scottish Government to rapidly implement the Reporter’s comment in his report: “The Scottish Government and the Scottish planning system need to consider the potential benefits of trying to secure better data and better assessments, notwithstanding  the significant problems prior to consenting any more windfarms in environmentally sensitive areas that are heavily reliant on outdoor tourism”.

Additionally, this research must include an assessment of windfarm developments on land/ property values, long term planning blight, depopulation, mental health concerns and the overall holistic effects of multiple developments on local residents’ sense of wellbeing.
 
Signed:   Mr M Reiss, Mr S Mackie

Decision

It was NOTED that this Notice of Motion had now been withdrawn.

(iv)The Council is disappointed that the UK Government has indicated that EU free movement rules will end immediately if there is a no-deal Brexit on 31 October 2019. This will affect the rights of EU citizens who arrive in the UK from November onwards. 

Given the importance of attracting people to live and work in the Highlands so as to meet the employment and skills needs of businesses and to address the demographic challenges facing the area, the Council agrees that the Leader of the Council should write to the UK Government Immigration Minister to request an urgent meeting to seek clarity over the Government’s approach to immigration and highlight the particular circumstances facing the Highlands

Signed:  Mrs M Davidson, Dr I Cockburn, Mr A Christie

During discussion, Members raised the following issues:-

• there had been a welcome change in respect of EU free movement rules whereby the previous stipulation that this would end on 31 October 2019 in the event of a no-deal Brexit had been removed and it had been confirmed that freedom of movement would now continue for a further three year period;
• the Cities Alliance had undertaken a significant level of work in conjunction with the Scottish Government and this included a position paper on a proposal which would work for Scotland and the Highlands. On that basis, this position paper would now be circulated to all Members of the Council;
• it had to be recognised that any restriction on freedom of movement could cause significant problems and disruption for EU Nationals who were living and working in the Highlands. Although there had been a good response to the EU Settlement proposals, it was very worrying that this only accounted for approximately one third of the 3.3m people who were likely to be affected and as such there was a need to help and encourage all those affected to register as soon as possible;
• it was imperative that lobbying was continued to ensure that long term arrangements and a regional variation which suited Scotland and the Highlands respectively were put in place as a matter of urgency;
• there was serious concern that the application process in relation to the EU Settlement proposals was not simple or straightforward and a significant number of people who had lived in the Highlands for many years were facing considerable disruption and often rejection as a result of technicalities within the process;
• a number of longstanding businesses in various parts of the Highlands were now being affected and often forced to leave as a consequence of the EU Settlement proposals and this was very worrying for all concerned;
• there was a need for a very strong message to be sent out to encourage people to visit and stay in the Highlands and to reassure those who were already living and working in the area that they were highly valued;
• the unique differences and needs of the Highlands in comparison with other parts of the country had to be highlighted and reinforced whenever and wherever possible, with particular reference to the value of EU Nationals to Highland businesses and the wider economy;
• it was also appreciated however that the current proposals from the UK Government were affecting other areas of the UK and as such there was a need to ensure that future discussions sought to identify not just local solutions but also measures which could be replicated in all constituent parts of the country as and when required;
• there had to be a zero tolerance policy in the Highlands in regard to racist and bigoted behaviour whereby all individuals were treated as equals and valued within local communities; and
• it would have been helpful if the Brexit Working Group which had been set up in the previous year had met more regularly as this would have allowed some of the issues which had been raised to have been more fully considered and discussed by Members in that forum. Confirmation that the Working Group was now to be expanded, with more regular meetings, was however noted and welcomed.                     

Decision

The Council AGREED the following amended Notice of Motion:-

In relation to EU free movement rules, and given the importance of attracting people to live and work in the Highlands so as to meet the employment and skills needs of businesses and address the demographic challenges facing the area, the Council agrees that the Leader of the Council should write to the UK Government Immigration Minister to request an urgent meeting to seek an important regional variation to reflect the particular circumstances facing the Highlands.  
     
12. Annual Fire Report/Presentation     
Aithisg/Taisbeanadh Bliadhnail Smàlaidh

There had been circulated Report by the Area Manager and Local Senior Officer – Highland, Scottish Fire and Rescue together with the Annual Performance Report which detailed the Fire and Rescue performance across a range of Emergency Response, Prevention and Protection activities for 2018-19.

Following a summary of the report, Members raised the following issues:-

• in relation to concern regarding the considerable number of wildfires over the Summer months and the need for information on who met the costs for any action required, such as the deployment of helicopters, it was noted that such incidents were very resource intensive and difficult to control and often there was a reliance on resources from out with the Highland area. Also, helicopters were only used with the permission of landowners with costs being met in most cases through insurance arrangements;
• in welcoming the roll-out of the new Rapid Response Units, it was suggested that there was also a need for flexibility in terms of allowing individual Fire Stations to decide on the number of crew required to attend incidents. In this regard, it was confirmed that discussions were ongoing in relation to flexible crew arrangements and this included the associated pay negotiations;
• in relation to rural areas in particular, it was noted that it was hoped that the recruitment of Rural Support Watch Managers would commence soon as part of other similar initiatives and whilst capability in rural areas was always challenging, recruitment opportunities were always available and as widely advertised as possible;
• it would be helpful if more information could be provided on whether there was any possibility of reducing the recruitment age from 16 to 18 in future;
• the number of house fires had decreased and as such thanks had to be conveyed to the Service for the success of the house visit scheme, particularly as this was now being undertaken in conjunction with partner agencies where necessary;
• the number of female fire fighters also continued to increase and this was a very positive statistic for the area;
• with particular reference to recent events which had been arranged to focus on opportunities for looked after children, it was suggested that attendance at a future Care, Learning & Housing Committee meeting by SFRS Officers could be very beneficial in relation to the highlighting of employability issues and the potential for mentoring schemes and also to discuss the possibility of attending similar events in future; and
• the continued success of the ‘Driving Ambition’ courses, which specifically focused on preventing accidents involving young drivers, was welcomed.     

Decision 

Members NOTED the terms of the Presentation and the SFRS Service Delivery and Performance as contained within the Annual Performance Report for 2018-19.
 
13. Organisational Transformation and Transition     
Plana Cruth-atharrachaidh agus Eadar-ghluasadan Eagrachail

There had been circulated Report No. HC/38/19 dated 25 August 2019 by the Chief Executive.

During discussion, Members raised the following issues:-

• thanks should be conveyed to the Officers concerned for the considerable work which had been undertaken and the progress which had been made in establishing a Council Vision which was underpinned by core strategic approaches;
• communication, resilience and partnership engagement had improved and this was welcomed;
• there was a need for further information on the costs of the short term additional staffing for the Finance, HR and systems teams in relation to making the final switch across to new financial, staffing and performance reporting in the new financial year;
• it would be important to highlight the strong connection required with local communities in terms of future localism/local decision making initiatives;
• in relation to the section in the report on ‘A Sustainable Council’, this also had to include reference to community income generation;
• it would be helpful if a new and comprehensive Organisational Structure Chart could be submitted to the next Council meeting;
• as part of a future Scheme of Delegation, there was a need for information on any deliberations in regard to Ward boundaries/responsibilities, with particular reference to previous representations which had been made in respect of Ward 5 whereby it was suggested that a meeting with the Leader of the Council and the Chief Executive should be arranged as soon as possible;
• it had to be acknowledged that there had been a strong focus on budget/ financial and staffing issues over recent months and this had meant that the consideration of localism issues had had to be paused to some extent over that period. However, it was expected that a further Governance Review report would be submitted to the October Council meeting and this would include details of Executive Chief Officer responsibility/involvement in the different geographical areas across the Highlands as had been previously agreed;
• there was a need to continue community planning partnership work in respect of localism in the Highlands and this would include consideration of the appointment of an independent Chair for the Community Planning Partnership Board in future; and
• it was noted that, in addition to the Governance Review report, the planned list of reports for the October Council meeting included Budget Strategy update, Capital Programme governance, Change Strategy, Transformation Programme update, Council Values and Leadership and Culture Strategy.                         

Decision 

Members:-

(i)   NOTED the progress made to date in establishing a Council Vision underpinned by core strategic approaches;
(ii)  AGREED the priorities for action over the coming months;
(iii) NOTED the transitional arrangements in place and the indicative timescales for the permanent structure being established;
(iv)  AGREED that Section 95 duties should be assigned to the Executive Chief Officer for Resources and Finance; and
(v)   AGREED a bid to the Change Fund for £82,000 to resource the programme effectively and £145,000 for associated HR and systems support to ensure a smooth transition to the new structure.   

14. Corporate Plan 2019-22 – Finalising Targets     
Phlana Chorporra 2019-22 - Toirt Thargaidean gu Crìch

There had been circulated Report No. HC/39/19 dated 19 August 2019 by the Chief Executive.

During discussion, Members raised the following issues:-

• in relation to Appendix 1 in the report – Corporate Plan targets - there was a need for an additional column in future reports to identify the ‘Responsible Officer’ for each issue listed;
• in relation to the percentage of the road network that should be considered for maintenance treatment, it was suggested that reference should be made to the Scottish Road Maintenance Condition Survey in terms of future benchmarking;   
• it had been reported that the most important services as identified by the Citizen’s Panel were road repairs and pot holes and also winter road maintenance and as such these issues had to be given the highest priority in future; 
• whilst the first part of the document was very clear and accessible for all, it was not felt that this applied from Page 56 onwards and it was suggested that this should be reviewed and improved where necessary;
• it was important that visible action was taken by the Council to address concerns raised by communities across the Highlands and that this action was highlighted for all;    
• in relation to increasing energy generation from renewable sources and reducing energy consumption in the Council, there was a need for confirmation that this would be adequately resourced in order to fully deliver at scale; and  
• it was important to highlight the vital role undertaken by the Service Centre and Service Points across the Highlands in any future proposals to be taken forward.

Decision

The Council:- 

(i)   APPROVED the draft Corporate Plan for 2019-22;
(ii)  NOTED that the Corporate Plan would  be updated to take account of decisions Members took in relation to the Council’s Governance Review, any amendments to the Change Programme, the Council’s approach to performance improvement and any organisational restructure;
(iii) NOTED that the Plan would  support the delivery of the Highland Outcome Improvement Plan;
(iv)  NOTED that the Corporate Plan would be the subject of an Annual Performance Report in September each year and the first report for this plan was due in September 2020; and
(v)   NOTED that the Plan was normally reviewed following the Annual Performance Report to Council and any changes would be submitted to the Council for approval. This review was first due in Autumn 2020.        

15. Annual Corporate Performance Report     
Aithris Choileanaidh Bhliadhnail

There had been circulated Report No. HC/40/19 dated 14 August 2019 by the Chief Executive.

During discussion, Members raised the following issues:-

• in relation to the statement that the Council was on track to implement 1140 hours of high quality early learning and childcare to every eligible child across the Highlands, it was hoped that a report in this regard would be reported to the next Care, Learning & Housing Committee as had been promised;
• clarification was also required in terms of whether the statistic of 76% of Associated School Groups having one to one devices deployed in 2018/19 had now increased to 100%;
• with regard to the section entitled ‘A Place to Learn’, it was hoped that the figures which had been quoted could be updated in future in order to allow adequate scrutiny by Members;    
• with specific reference to Rural Proofing, it had to be recognised that often the Council was the first agency contacted for help and advice, even when the issue concerned was not within its remit and this added extra pressure for staff in rural areas from time to time;
• it would be helpful if trends could be highlighted in future reports in order to provide more detailed information for Members;
• there was a need for more information in future reports in relation to commitments not met and specifically the reasons why this was the case and any proposals for future improvement;
• specifically, in relation to the current report, there was a need for more information on whether benchmarking/best practice was being applied in regard to improving educational attainment for all;
• thanks should be conveyed to the Officers concerned for the considerable work which had been undertaken in regard to the report and for the progress which had been made in the areas of housing, apprenticeships, tourism and education in particular; and
• it would be helpful if detailed information could also be provided for Local Committees, particularly in regard to improvements in educational attainment for all.              

Decision 

Members NOTED:-

(i)   the progress being made with the delivery of the Council’s Programme for the period 1 April 2018 to the end of 31 March 2019;
(ii)  that a revised Council Programme and Corporate Plan had been approved for 2019/20 forward with a first performance report due in September 2020; and
(iii) that a further report on Statutory Performance Indicators and the Local Government Benchmarking Framework would be presented no later than March 2020.    

16. Revenue Budget Strategy 2020/21 to 2022/23      
Ro-innleachd Buidseit Teachd-a-steach 2020/21 2022/23

There had been circulated Report No. HC/41/19 dated 27 August 2019 by the Executive Chief Officer – Finance and Resources.

In this regard, it was confirmed that, given the level of uncertainty around specific funding and cost issues, a variety of different scenarios had been modelled to try to encompass all potential eventualities and they had highlighted various budget gap figures. As such, any budget gap would need to be closed by spending less, delivering services more efficiently or stopping/reducing them and increasing the level of income which was generated from Council Tax and other fees and charges and all of these actions would be needed over the period from 2020/21 to 2022/23.     

During discussion, Members raised the following issues:-

• it had been stated that there were no implications, including Gaelic, Community (Equality, Poverty, Rural and Island) or Climate Change/Carbon Clever, arising as a direct result of the report but it was questioned as to whether it was correct to make this statement in view of the current financial situation and any future action which might be required;
• clarification was needed in terms of what specific areas would be highlighted for consideration during discussions to be held with Opposition Members and Trade Unions in the following weeks;
• it had to be acknowledged that savings agreed in previous years during budget meetings had not always been subsequently delivered and this could not be allowed to happen again;
• in thanking the Finance staff for the information which had already been received, it was suggested that in future it would be helpful if such information could be provided for Members earlier in the year if possible, including spreadsheets for each Service on which future decisions could be based;
• there was a need for a commitment to be given that Local Members would be consulted at an early date in instances where proposals could disproportionately impact on specific areas of the Highlands in order to allow time for the identification of possible alternative solutions;
• in relation to Council Tax and other local taxation powers, there was concern at the prospect of any possible future proposals coming forward in relation to a 5% increase in Council (which could cause additional hardship for families across the Highlands) and also the introduction of a workplace parking levy across Council buildings (which would directly impact staff who often had no alternative but to take a car to their workplace); 
• new governance measures which had been put in place were welcomed on the basis that potential issues impacting the budget situation could now be identified at an earlier stage; and
• it was imperative that, in the current financial situation, all possible ways to address budget challenges were identified and as such the positive approach which had been taken by all Members of the Council in terms of working together to plan ahead for future years was welcomed. 

Decision

Members:-

(i)   NOTED the financial modelling assumptions;
(ii)  NOTED the scale of the financial challenge facing the Council over the next three years with a potential funding gap of between £50.2m and £77.3m; and
(iii) AGREED the importance of setting a balanced three year revenue budget.