Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 15 December 2016 at 10.35am.

Webcast Notice: This meeting will be filmed and broadcast over the Internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

You are invited to attend the meeting and a note of the business to be considered is attached.

Yours faithfully,

Michelle Morris
Depute Chief Executive/
Director of Corporate Development

BUSINESS

1. Calling of the Roll and Apologies for Absence
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. Commission on Highland Democracy – Update
Coimisean air Deamocrasaidh Gàidhealach – Fios às Ùr

There is circulated Report No. HC/51/16 dated 30 November 2016 by the Acting Head of Policy which provides an update on the progress of the Commission on Highland Democracy.

In this regard, the Chair of the Commission, Mr Rory Mair, will be in attendance at the meeting and his progress report has been attached as Appendix 1 to the report.

The Council is asked to note progress as detailed.

4. Membership of the Council
Ballrachd na Comhairle

The Council is advised that Ms Gail Ross has tendered her resignation as a Councillor with effect from 22 November 2016.

In this regard, it is confirmed that, due to this resignation being received within six months of the date of the next Local Government Elections, a By-Election will not be held. 

5. 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 27 October 2016 and of the Special Meeting held on 8 November as contained in the Volume which has been circulated separately.

6. 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:-

Ross & Cromarty Committee, 25 October
*Education, Children & Adult Services Committee, 26 October
Planning, Development & Infrastructure Committee, 2 November
Community Services Committee, 3 November
Gaelic Implementation Group, 10 November
*Badenoch & Strathspey Area Committee, 16 November
*Education, Children & Adult Services Committee (Special Meeting), 18 November

Notice of Amendment – 3rd Sector Culture and Leisure Funding
Brath Atharrachaidh – Maoineachadh Cultair agus Cur-seachad na 3mh Earrainn 

With reference to the Minutes of the Special Meeting of the Education, Children and Adult Services Committee held on 18 November, the following Notice of Amendment has been received in accordance with Standing Order 10.3 –

“We, the undersigned, give this Notice of Amendment to rescind the decision of the Education, Children & Adult Services Committee meeting on Friday, 18 November 2016 for High Life Highland to allocate money to Sports Councils for sport development

And instead move that the Council:

Agree that the money proposed to be allocated to High Life Highland for sport development instead be reallocated to Sports Councils. 

Signed: Mr A Christie, Dr D Alston, Mr T Prag, Mr J Stone, Mr R Laird, Ms M Smith, Dr I Cockburn, Mr K Gowans

In this connection, there is re-circulated Report No. ECAS/73/16 dated 9 November 2016 by the Director of Care and Learning.

Caithness Committee, 22 November
Resources Committee, 23 November
Audit & Scrutiny Committee, 24 November
Sutherland County Committee, 30 November
City of Inverness Area Committee, 1 December
Nairnshire Committee, 7 December
Community Services Committee (Special Meeting), 7 December
Communities and Partnerships Committee, 8 December

7. 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 15 September 2016.

8. Membership of Committees, Sub Committees, etc
Ballrachd air Comataidhean, msaa

The Council is advised that Mr A Duffy is now to be non-aligned and Mr D Fallows has joined the Independent Group.

The political make-up of the Council is now as follows:-

Independent – 33/SNP – 17/Liberal Democrat – 13 /Labour – 7
Highland Alliance – 5/Non Aligned - 4

The formula in respect of the number of places on Strategic Committees remains unchanged at 9/5/4/2/2.

Members are also asked to agree the following changes to Committees, etc –

Community Services Committee (Substitute) – Mrs G Sinclair to replace Mr A Duffy
Valuation Joint Board – Mrs G Sinclair to replace Mr A Duffy

9. Question Time
Àm Ceiste

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

(i) Mr A Graham

To the Chair of the Planning, Development & Infrastructure Committee

“What is the current balance on the Land Bank Fund, the total currently advanced, total current commitments and the available Fund balance at present?”

The response is circulated.

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

(ii) Mrs T Robertson

To the Leader of the Council

"Under the Civil Contingencies Act 2004, Category 1 Responders (Local Authorities, the Emergency Services and NHS bodies) are required to put in place emergency plans and to take co-ordinated action in response to emergencies. The Act defines an emergency as “an event or situation that threatens damage to the environment only if it involves, cause or may cause contamination of land, water or air with biological, chemical or radio-active matter, or disruption or destruction of plant life or animal life”. Section 2 of the Act places a specific duty upon Category 1 Responders to prevent an emergency, reduce, control or mitigate its effects.

What resources does Highland Council have in place to deal with a tier 2 oil spill (7-700 Tonnes) which may affect the shorelines of the Cromarty Firth and the Moray Firth, and what resources do other organisations have, and what contingency plans are in place?”

The response is circulated.

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

(iii) Mr R Laird

To the Leader of the Council

“What progress has the Administration made towards the compilation of a comprehensive land, property, and asset register for the Council since the meeting on 29 June 2016?”

The response is circulated.

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

(iv) Mr R Laird

To the Leader of the Council

“What arrangements did the Administration undertake to ensure the effective retention of knowledge, experience and skills within the Council workforce during implementation of the Voluntary Redundancy Scheme?”

The response is circulated.

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

(v) Mr G Phillips

To the Chair of the Planning, Development & Infrastructure Committee

“What progress has the Administration made towards the implementation of wider effective programme governance for Council capital projects since the meeting on 29 June 2016?”

The response is circulated.

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

(vi) Mr B Lobban

To the Depute Leader of the Council

“What progress has the Administration made towards achieving the Council’s income generation targets?”

The response is circulated.

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

(vii) Mr C Fraser

To the Chair of the Planning, Development & Infrastructure Committee

“Can you take the necessary action to ensure that arrangements are made/time allocated/an adequate opportunity is provided for the Council to consider in formal Committee the revised/amended STS oil transfer licence application which PoCF has reportedly stated will be submitted "early in the New Year" and make provision for Elected Councillors to review and comment on the Highland Council's updated formal representations on that revised application before they are submitted?”

The response is circulated.

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

(viii) Mr T Prag

To the Leader of the Council

“Following the Motion from Councillor A Graham and others re broadband which was unanimously approved at our last meeting, could you give me an update on progress in arranging a meeting with the parties concerned?”

The response is circulated.

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

(ix) Mr T Prag

To the Leader of the Council

“An urgent amendment to a Motion regarding the importance of retaining a Local Board for Highlands & Islands Enterprise was agreed at our last meeting. Have you had any success in carrying forward the action with the Ministers concerned?”

The response is circulated.

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

10. Notices of Motion
Brathan Gluasaid

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

(i) We are proud to live in a diverse and tolerant society. Racism, xenophobia and hate crimes have no place in our country. Our Council condemns racism, xenophobia and hate crimes unequivocally. We will not allow hate to become acceptable.

We assure all people living in this area that they are valued members of our community.

Signed: Mrs M Paterson, Mr A MacKinnon, Mrs M Davidson, Mr R Greene

(ii) The Highland Council welcomes the contribution of the ‘Time for Inclusive Education’ campaign in raising awareness of the bullying experienced by LGBT pupils in schools and agrees that a report be submitted to the Education, Children & Adult Services Committee on how such bullying can be tackled in the Highlands.

Signed: Mr R Laird, Mr S Fuller

(iii) Highland Council agrees to work in partnership to investigate the feasibility of an overall Inner Moray Firth sustainable water quality management strategy and begins where appropriate ecological water management solutions to limit combined sewerage overflow events (CSO’s) and to protect the marine environment and associated bathing waters.

Signed: Mrs L MacDonald, Mrs G Sinclair, Mr S Fuller

(iv) The Highland Council notes the UK Government’s Autumn Statement published on 23 November 2016 which shows a small increase in the overall resources coming to Scotland, both in cash and real terms.

In view of this, the Highland Council urges the Scottish Government not to impose further damaging cuts to local government funding but provide a cash flat settlement which will help the Council to avoid making significant and painful cuts to front line public services that deliver important lifeline services to our communities across the Highlands.

Signed: Mrs M Davidson, Mr W Fernie, Mr A MacKinnon, Mr M Reiss

(v) That the Council is very disappointed at the proposal from the Scottish Government to abolish the Board of Highlands & Islands Enterprise, believing that such an approach is not in the best interests of the Highlands and Islands and calls on the Scottish Government to reconsider their plans for a National Strategic Board.

Further, the Council urges the Government to provide guarantees that Highlands & Islands Enterprise will continue to operate on the same basis and that local decision making will continue in the Highlands and Islands and further calls on the Government to ensure that the Council is actively involved in the setting of the strategic priorities for Highlands & Islands Enterprise.

Signed: Mrs M Davidson, Mr W Fernie, Mr A MacKinnon, Mr M Reiss

11. Capital Programme Review
Ath-sgrùdadh Prògraim Calpa

There is circulated Joint Report No. HC/52/16 dated 6 December 2016 by the Director of Finance and the Director of Development & Infrastructure which provides a summary of the work done to date in reviewing the Capital Programme, highlights the significant factors which impact on it and suggests an approach for the future review of the Programme.

Members are asked to note the progress of the Capital Programme review to date and acknowledge the impact of the Council’s significant Capital Programme on the annual Revenue Budget.

Members are also asked to note that further updates on the Capital Programme will be provided to Service Committees and to agree that Service Committee Chairs and Group Leaders should meet to decide how Members can be involved in the review process going forward.
         
12. Redesign of the Highland Council
Ath-dhealbhadh Chomhairle na Gàidhealtachd

There is circulated Report No. HC/53/16 dated 2 December 2016 by the Chief Executive which provides an update on the progress made in the Redesign Board since the last Council meeting.

In this regard, there are also circulated Minutes of the Redesign Board meeting held on 6 December 2016.

The Council is asked to agree the Redesign Statement as detailed in Appendix 1 to the report.

The Council is also asked to note:-

(i) the progress being made in the reviews underway and that regular up-dates are provided by Board Members assigned to particular review teams as listed in Appendix 2;
(ii) that staff are being involved in the process, through involvement in reviews, though briefings including face to face meetings, seeking views through the new on-line dialogue tool and their representation through Trade Union involvement on the Board and in reviews;
(iii) the current engagement with the Citizens’ Panel and that engagement with others is under consideration;
(iv) the helpful feedback from the engagement event with community bodies and that the Board is now considering how best to implement the ideas and in dialogue with partners;
(v) that work is underway to develop commercial approaches that would generate income to help sustain services and jobs and continue to support communities;
(vi) that a systematic approach to finding efficiency and process improvement and with staff involvement is under development; and
(vii) that the work of the Board will inform the budget process with the final report and recommendations from the Board made to the Council meeting in March 2017.

13. Employee Early Release Scheme (EERS)
Sgeama Saoradh Tràth o Obair

There is circulated Report No. HC/54/16 dated 7 December 2016 by the Depute Chief Executive & Director of Corporate Development which presents proposals for an Employee Early Release Scheme to enable the Council to make reductions in its workforce in a way that is affordable and in line with the reductions in funding available for the 2017/18 revenue budget.

Members are asked to approve the launch of the Employee Early Release Scheme as set out in Section 2 of the report, the change to the current discretionary policy to consider applications from employees leaving the organisation to access their pension at 55 (subject to eligibility criteria) on a case to case basis and the final decisions on the applications to be accepted and confirmation of the funding of the Scheme to be reported to the Council in February 2017.

Members are asked to note the proposed funding of the Scheme as detailed at Paragraph 2.4 of the report and the early negotiation with the trade unions on the voluntary and compulsory redundancy compensation under the Redundancy & Redeployment Policy.

14. Inverness City and Highland Region Deal (Governance Arrangements)   
Cùmhnant Baile/Roinne (Ullachaidhean Riaghlaidh)

There is circulated Report No. HC/55/16 dated 29 November 2016 by the Director of Development & Infrastructure which provides an update on the City-Region Deal governance arrangements and in particular the request by the UK Government and the Scottish Government that all funding is routed through the Highland Council.

Members are asked to note that the production of the City-Region Deal document for signing is progressing.

Members are also asked to agree in principle to the request that the Council will be the accountable organisation for the City-Region Deal and that final governance arrangements should be presented to the Planning, Development & Infrastructure Committee on 25 January 2017 for approval.

15. Review of UK Parliamentary Constituencies: Initial Proposals
Ath-sgrùdadh air Sgìrean-Pàrlamaid na RA: Molaidhean Tùsail

There is circulated Report No. HC/56/16 dated 5 December 2016 by the Chief Executive which advises of the publication of the Boundary Commission for Scotland’s Initial Proposals relating to the 2018 Review of UK Parliament Constituencies which are subject to a 12 week public consultation ending on 11 January 2017.

The Council is asked to discuss and respond to the proposed boundaries and the proposed names of the constituencies.

16. Local Government Elections to Highland Council – Thursday, 4 May 2017  
Taghaidhean Riaghaltas na h-Alba do Chomhairle na Gàidhealtachd 

There is circulated Report No. HC/57/16 dated 5 December 2016 by the Returning Officer which advises of the impact that Election Administration for the forthcoming Highland Council Elections on Thursday, 4 May 2017 will have on the work of the Council and explains the statutory framework that governs the conduct at this Election. 

Members are asked to agree the resources required to run the Local Government Election 2017 for Highland Council and to budget for the Election in 2022 for a sum to be advised by the Director of Finance.

17. Review of the Performance Framework for the Council Programme  
Ath-sgrùdadh air Frèam an Dèanadais Chorporra

There is circulated Report No. HC/58/16 dated 5 December 2016 by the Chief Executive which proposes amendments to commitments and the high level actions and indicators for measuring progress with delivering the Council’s Programme ‘Highland First’ 2015-17.

The Council is asked to agree that the commitments identified in Paragraph 2.5 of the report are marked as ‘achieved’ in 2015/16.

The Council is also asked to consider and agree the amendments as outlined in Appendix 1 of the report.

The Council is asked to note that the performance framework will be used to update Service Plans, that changes will be monitored through Quarterly Performance Reviews until Service Plans are refreshed in 2017 and that progress with delivering the Programme will be reported in year through Strategic Committees and annually to the Council.

18. Local Government Pension Scheme – Request for Admitted Body Status
Sgeama Peinnsein Riaghaltais Ionadail – Iarrtas airson Inbhe Buidhne Aontaichte

Members will be aware that the Council has recently awarded the contract for ICT provision to WIPRO Holding Ltd following a competitive tendering exercise. As part of this service provision, WIPRO will work in partnership with A&O IT Group Limited. As part of the “Fair Deal for Pensions” legislation, it is a requirement for providers of an outsourced service to protect the pension entitlement of existing employees transferring under the arrangement to either (a) provide a comparable pension scheme or (b) apply for admission to the existing scheme.

Applications to join the Highland Council Pension Fund have been received from WIPRO and A&O IT Group Limited. (In this respect, it is confirmed that applications for Admitted Body Status are normally considered by the Pensions Committee/Board but due to the timescales involved a decision is requested from the full Council in advance of the next Pensions Committee/Board meeting which is scheduled for February 2017). Any application will be subject to the necessary financial safeguards to the Fund being in place.

The Council is asked to agree the applications to join the Pension Fund as detailed.

19. Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

Members are asked to note that a list of deeds and other documents executed on behalf of the Council since the meeting held on 27 October 2016 is available in the Members’ Library and on the Council’s Website.