Committees

A meeting of the Highland Council will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 27 June 2013 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
Assistant Chief Executive

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.  Duke of Edinburgh Award Scheme – Gold Award Presentation
Sgeama Duais Diùc Dhùn Èideann – Toirt Seachad Duais Òir

As part of the Duke of Edinburgh Award Scheme, twenty-nine young people from across the Highlands are due to receive their Gold Award this year.

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

4.  Presentation – hub North Scotland Ltd
Taisbeanadh – hub North Scotland Eta

A Presentation will be undertaken at the meeting by Mr Jim Royan, Chair of hub North Scotland Ltd.

5.  Confirmation of Minutes
Dearbhadh Geàrr-chunntais

There are submitted for confirmation as correct records the Minutes of Meeting of the Council held on 9 May 2013 as contained in the Volume 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 the volume circulated separately as undernoted:-

|Link to Minutes Index|

• Planning, Environment and Development Committee, 15 May
• Transport, Environmental and Community Services Committee, 16 May
• Caithness & Sutherland Area Committee, 20 May
• Adult and Children’s Services Committee, 22 May
• Pensions Committee, 23 May
• Gaelic Implementation Group, 23 May
• City of Inverness Area Committee, 3 June
• Finance, Housing and Resources Committee, 5 June
• Community Safety, Public Engagement and Equalities Committee, 13 June
• Audit & Scrutiny Committee, 20 June

7.  Recruitment Panel – Post of Chief Executive
Pannal Fastaidh – Dreuchd Àrd-Oifigeir

There is circulated for information Minutes of Meeting of the Recruitment Panel for the post of Chief Executive which is to be held on Friday, 21 June 2013 (21kb pdf).

8.  Membership of Strategic Committees, etc
Ballrachd Chomataidhean Ro-innleachdail, is eile

Vice Chair of the Adult and Children’s Services Committee

Members are advised that Mrs L MacDonald has confirmed her intention to stand down as Vice Chair of the Committee with effect from 27 June 2013.

In this regard, the Administration will move the appointment of Mr G MacKenzie as the new Vice Chair.

9.  Question Time
Àm Ceiste

The following Questions have been received by the Assistant Chief Executive in terms of Standing Order 42:-

(i) Mr A MacLeod (15kb pdf)

To the Chair of the Community Safety, Public Engagement and Equalities Committee

“What progress is being made towards making sure that as many 16 and 17 year olds in the Highlands are registered in time to cast their vote in the Independence Referendum?”

The response is circulated.

Mr MacLeod will be entitled to ask a supplementary question which will be answered by the Chair of the Community Safety, Public Engagement and Equalities Committee.

(ii) Mr A Baxter (15kb pdf)

To the Chair of the Transport, Environmental and Community Services
Committee

“How much has been awarded from the £1 million allocated for roads within the Strategic Change and Development Fund as agreed at the Special Council meeting on 7 February 2013?”

The response is circulated.

Mr Baxter will be entitled to ask a supplementary question which will be answered by the Chair of the Transport, Environmental and Community Services Committee.

10.  Notice of Motion
Brathan Gluasaid

The following Notice of Motion has been received in accordance with Standing Order 10.1 –

“Following the statement of support by the First Minister at the Community Land Scotland Conference, we propose that Highland Council reaffirms its commitment to land reform and sets an ambitious agenda to contribute to the national target”.

Signed

Mrs M Davidson, Mr A Henderson

11.  The Highland Single Outcome Agreement
Aonta Buil Singilte Deireannach

There is circulated Report No. HC-13-13 (29kb pdf) dated 17 June 2013 by the Chief Executive which summarises the changes to the Single Outcome Agreement from the version circulated to Members in May 2013 and highlights that the review of community planning underway will support its development over the next year. Positive feedback was provided on the Single Outcome Agreement from the Scottish Government and CoSLA representatives on the Quality Assurance Panel.

In this regard, the final draft Single Outcome Agreement (1235kb pdf) is circulated.

Members are asked to agree the Council’s contribution to the Single Outcome Agreement as set in the attached document.

Members are asked to note the positive feedback on the Highland Single Outcome Agreement and that the development work will be taken forward with partners and supported by the review of community planning. Also, that further information on the proposed arrangements for community planning will be provided after the Summer.

Members are further asked to agree that the Leader of the Opposition should also have a place on the Partnership Board.

12.  Statement of Accounts for the Year to 31 March 2013
Aithris Chunntasan airson na Bliadhna gu 31 Màrt 2013

(i) Highland Council, Pension Fund, Northern Joint Police Board and Highlands & Islands Fire Board

There is circulated Report No. HC-14-13 (77kb pdf) dated 18 June 2013 by the Director of Finance which introduces the Statement of Accounts for the year to 31 March 2013 for the Highland Council, the Highland Council Pension Fund, the Northern Joint Police Board and the Highland and Islands Fire Board and provides an explanation on major variances on the Council’s General Fund at the year end.

Members are asked to:-

1. consider the outturn position for 2012/13 for Highland Council as outlined
    in Sections 3 – 5 of the report;
2. receive the Unaudited Accounts for the Highland Council, the Highland
    Council Pension Fund, Northern Joint Police Board and Highland and Islands
    Fire Board for the year ended 31 March 2013 and note that these will be
    presented to the Controller of Audit by the prescribed date of 30 June
    2013;
3. note that detailed explanations will be presented to the Strategic
    Committees with regard to the year-end variances from Service budgets;
    and
4. note the action being taken to address budget concerns.

(ii) Highland Council – Strategy and Use of Reserves and Balances

There is circulated Report No. HC-15-13 (53kb pdf) dated 18 June 2013 by the Director of Finance which sets out the current strategy for the Council’s reserves and balances and summarises the balances held as at 31 March 2013.

Members are asked to consider the report and reaffirm the strategy of retaining a non-earmarked General Fund balance of at least 3% of the Council’s Revenue Budget.

Members are also asked to agree the updated reserves and balances strategy as set out in Annex 1 to the report.

(iii) Strategic Change & Development Fund

There is circulated Report No. HC-16-13 (41kb pdf) dated 17 June 2013 by the Director of Finance which suggests the criteria by which proposals for the Strategic Change & Development Fund can be considered.

Members are asked to consider the proposal within the report and agree the suggested criteria as detailed.

Members are also asked to agree two allocations of resources from the Fund as follows:-

£1m Roads Maintenance
£0.5m Corporate Improvement Programme and Change Management

13.  Revenue Budget: Longer Term Financial Planning
Ro-innleachd Buidseit Teachd-a-steach

There is circulated Report No. HC-17-13 (80kb pdf) dated 17 June 2013 by the Director of Finance which sets out the current forecast for the Revenue Budget for the five year period 2014/15-2018/19 and outlines an initial strategy for addressing the funding gap.

Members are asked to agree the budget strategy outlined in Section 4 of the report and the action proposed to address to address the funding gap in 2014/15.

14.  Capital Programme Review: 10 Year Programme 2013/14 to 2022/23
Prògram Calpa

There is circulated Joint Report No. HC-18-13 (154kb pdf) dated 18 June 2013 by the Director of Finance which sets out the proposed long term Capital Programme for the 10 years 2013/14 to 2022/23. The first five years are proposed as a firm Programme based on an affordability assessment and the second five years are set out on an indicative basis at this time pending a future assessment of affordability.

Members are asked to:-

(a) agree the firm Capital Programme for the five years 2013/14 to 2017/18 as
     set out on Annex 1 and 2A;
(b) note the below the line projects set out on Annex 2A, these not being
     progressed within the Programme at this time; and
(c) note the indicative Programme for the five years 2018/19 to 2022/23 with
     final Programme and affordability for these years still to be determined.

15.  Annual Efficiency Statement 2012/13
Aithris Èifeachdais Bhliadhnail 2012/13

There is circulated Report No. HC-19-13 (50kb pdf) dated 17 June 2013 by the Director of Finance which sets out the Council’s Annual Efficiency Statement (AES) for 2012/13.

Members are asked to agree the Annual Efficiency Statement as circulated.

16.  Instrumental Music Tuition
Oideachadh Ciùil Innealach

There is circulated Report No. HC-20-13 (23kb pdf) dated 18 June 2013 by the Director of Education, Culture and Sport which provides information on the current arrangements for charging for instrumental music instruction in Highland and the Instrumental Music Group national review.

Members are asked to agree that the Highland Council should cease charging for students in S4, S5 and S6 who are receiving instrumental music instruction and are studying an SQA music course with effect from August 2013.

17.  Community Challenge Fund
Maoin Dùbhlain Coimhearsnachd

There is circulated Report No. HC-21-13 (61kb pdf) dated 18 June 2013 by the Assistant Chief Executive which recommends approval of an application for the Community Challenge Fund and provides an update on the operation of the Fund.

In this regard, there are circulated Minutes of Meetings held on 18 December 2012 (37kb pdf) and 13 February (28kb pdf), 18 April (32kb pdf), and 6 June 2013 (31kb pdf).

Members are asked to:-

(i) agree the recommendations of the Community Challenge Fund Panel to
    approve the applications from the Kyle & Lochalsh Community Trust and
    Fort Augustus & Glenmoriston Community Company as detailed in Section 2
    of the report;
(ii) note the progress with the implementation of the new Community
    Challenge Fund; and
(iii) agree that authority be delegated to the Assistant Chief Executive,
    Director of Finance and Director of Transport, Environmental and
    Community Services to finalise the necessary legal agreements.

18.  Carbon Neutral Inverness in a Low Carbon Highlands
Inbhir Nis gun Bhuaidh Càrboin agus Càrbon Ìseal sa Ghàidhealtachd

There is circulated Report No. HC-22-13 (1014kb pdf) dated 18 June 2013 by the Depute Chief Executive/Director of Housing & Property which presents the background to and outlines the preliminary work which is required to implement and realise the vision of a ‘Carbon Neutral Inverness in a Low Carbon Highlands’ by 2025.

Members are asked to agree the goal of the initiative: A Carbon Neutral Inverness in a Low Carbon Highlands: branded as a Carbon CLEVER Highlands by 2025.

Members are also asked to note the early actions proposed – to run a series of workshops across Services, to develop the scope and approach and to identify stakeholders, to identify early and visible projects and actions, to plan a carbon Clever Conference for early Autumn 2013 to encourage stakeholders to sign up to a carbon Clever commitment for the Highlands, to define the scope and baseline for the project, to identify the range of external funding opportunities and to bid to the Strategic Change and Development Fund for staff resources.

19.  Nairn Common Good Fund - Sandown
Sandown Inbhir Narann

There is circulated Report No. HC-23-13 (59kb pdf) dated 17 June 2013 by the Director of Finance which suggests options for addressing the sum owed to the Council of £734,410.78 and reaching agreement on a way forward for resolving this issue.

Members are asked to:-

(i) consider the five options outlined in Paragraph 2.2 and Section 2 of the
    report;
(ii) note the Officer recommendation that Option 3 should be pursued;
(iii) determine the preferred option to allow the current situation to be
    resolved;
(iv) if Option 3 is agreed, agree the two conditions set out in Paragraph 3.5 of
    the report; and
(v) if Option 5 is approved, consider whether the conditions outlined in
    Paragraph 3.7 of the report should apply.

20.  Corporate Governance
Riaghladh Corporra

(i) Area Committees

There is circulated Report No. HC-24-13 (164kb pdf) dated 11 June 2013 by the Chief Executive which details the findings from the Review of Area Committees, proposed changes resulting from the review (including to the Scheme of Delegation) and recommendations on the future operation of Area Committees. The importance of corporate governance is also highlighted.

Members are invited to agree:-

(i) that Elected Members apply due scrutiny and monitoring to deliver
     appropriate actions/improvements in their Areas;
(ii) the revised Scheme of Delegation (attached at Appendix 1);
(iii) that all Area Committees should normally take place in Council owned
     premises that already have all facilities in place as detailed in the report;
(iv) that the use of technology is maximised to support Area Committees,
     especially the use of Video and Tele-Conferencing;
(v) that Directors and the Corporate Manager re-prioritise the use of their staff
     to ensure that Area Committees operate within existing resources;
(vi) that a member of the Council’s Senior Management Team is in attendance
      at each Area Committee;
(vii) that written guidance be prepared for Members and Officers detailing the
     support that can be expected from the PR team for Area Committees;
(viii) that a report comes back to Council towards the end of this year proposing
     a way forward for Ward Business Meetings and Ward Forums in support of
     Area Committees and the new Community Planning arrangements, following
     a wider consultation with Community Councils and key stakeholders this
     Autumn;
(ix) that the geographical make-up of the following three Area Committees is
     tested on a pilot basis over the next year, they each meet four times per
     year and are rolled out within the current calendar years as follows –

• Lochaber and Skye (first Committee on 26 August in Tigh na Sgire, Portree)
• Nairn and Badenoch & Strathspey (first Committee on 10 September in the Court House, Nairn)
• Ross and Cromarty (first Committee on 28 October in the Council Offices, Dingwall); and

(x) that all five City/Area Chairs meet on a regular basis for business planning
     purposes.

(ii) Planning Application Committees

There is circulated Joint Report No. HC-25-13 (97kb pdf) dated 17 June 2013 by the Assistant Chief Executive and Director of Planning & Development which confirms that a review of the operation of the Planning Application Committees and forthcoming changes to Planning Regulations has provided the opportunity to consider a number of options for change to the current arrangements. These include looking at the number of Committees, how they operate and the continuation of Local Member Votes.

This report therefore sets out the options available to Members and recommends a number of changes which it is considered will provide greater certainty and efficiency in the planning decision making process.

Members are asked to agree:-

(i) to retain the current arrangements for Planning Application Committees and
    to carry out a review in June 2014 once the full effects of the changes to
    Regulations in respect of Council interest cases are clear;
(ii) to increase the threshold for the number of objections in the form of
    signatories to a petition that trigger referral to the Planning Application
    Committee from 5 signatories to 10 signatories;
(iii) to change the current arrangements to dispense with the ability for
    Members to use a Local Member Vote on planning applications; and
(iv) to approve the changes to the Scheme of Delegation as set out in
    Appendix 2 to the report.

21.  Procedure for Consideration of Public Petitions
Modh Athchuingean

There is circulated Report No. HC-26-13 (156kb pdf) dated 10 June 2013 by the Assistant Chief Executive which invites Members to adopt a procedure which will allow consideration of public petitions by the Council or Strategic Committees and to agree the required amendments to Standing Orders to allow the procedure to be implemented.

Members are invited to:-

(i) agree the procedure to be adopted with effect from 1 August 2013 to
    allow for consideration of public petitions as set out in Paragraph 2 of the
    report and Appendices 1 and 2;
(ii) agree the changes to Standing Orders as set out in Paragraph 3; and
(iii) note that the monitoring of petitions/outcomes will be carried out on an
    annual basis by the Community Safety, Public Engagement and Equalities
    Committee.

22.  Community Council Evaluation
Ath-sgrùdadh air Comhairlean Coimhearsnachd

There is circulated Report No. HC-27-13 (77kb pdf) dated 28 May 2013 by the Corporate Manager which outlines the feedback received to an evaluation of the Community Council scheme (1266kb pdf) undertaken twelve months after the first elections. In this regard, a series of minor amendments are suggested to the Scheme for approval.

The report also provides background on other related areas of work including training, promotion of elections and a further consultation with Community Councils on engagement and involvement.

Members are asked to agree the recommendations as detailed in Section 4 of the report.

Members are also asked to note the future work planned, including a consultation with Community Councils later in the year on consultation and engagement as part of the review of community planning in Highland.

23.  Appointment of Independent Director to High Life Highland
Cur Stiuirichean an Dreuchd gu High Life na Gaidhealtachd

Members are advised that a meeting of the High Life Highland Nominations Committee was arranged for 10 June to allow consideration to be given to the appointment of an Independent Director to replace Mr Craig Ewan. In this regard, the Committee agreed to recommend that Ms Catriona Maclean should be appointed.

The Council is asked to agree the recommendation from the High Life Highland Nominations Committee as detailed.

In this respect, background information (29kb pdf) will be tabled at the meeting.

24.  Deeds Executed
Gnìomhan a Choileanadh

Members are asked to note that a list of deeds (14kb pdf) and other documents executed on behalf of the Council since the meeting held on 9 May 2013 is available in the Members’ Library and on the Council’s Website.

25.  Additional Item: Recess Powers
Cumhachdan Fosaidh

The Council is invited to agree that, during the recess period, powers should be granted to the Chief Executive, Depute Chief Executive/Director of Housing & Property, Assistant Chief Executive and Directors, in consultation with the Convener, Leader of the Council, Depute Leader of the Council, relevant 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.

Exclusion of the Public

26.  Additional Urgent Item: Regeneration Capital Grant Fund (RCGF)

There is circulated to Members only Report No. HC/28/13 by the Depute Chief Executive/Director of Housing & Property.

Members are asked to agree the recommendation as detailed in the report.

27.  Additional Urgent Item: Linnhe Leisure Limited

There is circulated to Members only Joint Report No. HC/29/13 by the Director of Education, Culture and Sport and the Director of Finance.

Members are asked to agree the recommendations as detailed in the report.