Committees

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 19 December 2013 at 10.05am.

Members are asked to note the earlier start time for this meeting.

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

Business

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

2.  Declarations of Interest
Foillseachaidhean Com-pairt

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.  By-Elections – Ward 4 (Landward Caithness) and Ward 10 (Black Isle)
Fo-thaghadh – Uàrd 4 (Gallaibh gu Tìr) and Uard 10 (An t-Eilean Dubh)

The Council is advised that, at the By-Election held on 28 November 2013, Mr Matthew Reiss, Langland House, Hill of Forss, Thurso was elected as the Member for Ward 4 (Landward Caithness).

The By-Election for Ward 10 (Black Isle) will be held on Thursday, 19 December 2013.

4.  Confirmation of Minutes
Daingneachadh a’ Ghearr-chunntais

There are submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 24 October 2013 as contained in the Volume which has been circulated separately.

5.  Minutes of Meetings of Committees
Gearr-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:-

• Planning, Environment and Development Committee, 6 November
• Transport, Environmental and Community Services Committee, 7 November
• Adult and Children’s Services Committee, 13 November
• Pensions Committee, 14 November
• Gaelic Implementation Group, 14 November
• Caithness and Sutherland Area Committee, 18 November
• Audit and Scrutiny Committee, 20 November
• Lochaber Area Committee, 25 November
• Finance, Housing and Resources Committee, 27 November
• Nairn and Badenoch and Strathspey Area Committee, 3 December
• Community Safety, Public Engagement and Equalities Committee, 5 December
• City of Inverness Area Committee, 9 December
• Skye, Ross and Cromarty Area Committee, 11 December

6.  Highland and Western Isles Valuation Joint Board
Bord Lucachaidh na Gaidhealtachd is nan Eilean Siar

There is circulated for information Minute of Meeting of the Highlands and Western Isles Valuation Joint Board held on 29 August 2013.

7.  Recruitment Panel – Role of Depute Chief Executive
Pannal Fastaidh - Dreuchd Leas-àrd-oifigear

There is circulated for information Minute of Meeting of the Recruitment Panel for the role of Depute Chief Executive held on Tuesday, 19 November 2013 (916kb pdf).

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

Members are advised that, following the result of the By-Election for Ward 4 (Caithness), the political make-up of the Council is now as follows:-

Independent – 33/SNP – 21/Liberal Democrat – 14/Labour – 8/Independent Nationalist – 1/Non Aligned – 2

The formula in respect of the number of places on Strategic Committees remains as 9/6/4/3.

Members are also asked to agree the following –

Adult and Children’s Services Committee (Substitute) – Mr C Macaulay to replace Mrs G Sinclair
Transport, Environmental and Community Services Committee - Mrs G Coghill to fill the current vacancy
Community Safety, Public Engagement and Equalities Committee – Mr M Reiss to replace Ms J Douglas
North Planning Applications Committee - Substantive Member – to be confirmed
Board of Eden Court Highlands – Mr K Gowans to replace Mrs G Sinclair
Board of Eden Court Highlands – Ms J Slater to replace Mr A MacLeod

Planning Application Committees – Substitute Members

Members are asked to note the List of Substitute Members (914kb pdf) for the Planning Application Committees following notification from the respective Wards.

Highland Licensing Committee and Highland Licensing Board

Members are advised that Mr R Laird has confirmed his resignation from both the Highland Licensing Committee and the Highland Licensing Board with immediate effect.

On that basis, nominations were sought from the Inverness, Nairn, Badenoch & Strathspey area for the vacant place on the Licensing Committee and have been received as follows:-

Mrs G Sinclair

Following the appointment of 1 Member to the Licensing Committee at the meeting, nominations will be sought thereafter (from within the membership of the Licensing Committee) for the vacant place on the Licensing Board.

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 Baxter (15kb pdf)

To the Chair of the Finance, Housing and Resources Committee

“What is the Council’s policy for the routine outdoor maintenance of communal and other public areas on estates under the responsibility of Housing and Property Services?”

The response is circulated

Mr Baxter will be entitled to ask a supplementary question which will be answered by the Chair of the Finance, Housing and Resources Committee.

(ii) Mr A Baxter (15kb pdf)

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

“What are the terms of reference for the social and economic impact study of fare prices on the Corran Ferry, as agreed at the Transport, Environmental and Community Services Committee meeting on 19 September 2013, and what is the timetable for completion and subsequent publication of this study?”

The response (updated) 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.

(iii) Mrs M Davidson (18kb pdf)

To the Leader of the Council

“Many of us are hearing concerns from our constituents about the lack of progress by NHS Highland building up homecare and other services in our communities.

We believe that we must have increased accountability and scrutiny of adult services and ask for an immediate review of governance arrangements by a cross-party group with a report back to the next Highland Council meeting”.

The response (updated) is circulated

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

(iv) Mr M Green (41kb pdf)

To the Chair of the Planning, Environment and Development Committee

“Following on from the report to Scottish Government from the Town Centre Advisory Group and the Scottish Government response, how will the Administration respond to the recommendations?”

The response (updated) is circulated

Mr Green will be entitled to ask a supplementary question which will be answered by the Chair of the Planning, Environment and Development Committee.

(v) Miss J Campbell (34kb pdf)

To the Leader of the Council

“Following the letter we received from Chief Superintendent Julian Innes on October 1st 2013 advising that Police Scotland is proposing to withdraw the role of traffic wardens across the Highland Council area, can the Administration confirm what plans are in place to ensure the continuance of this crucial service?”

The response (updated) is circulated

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

10.  Notices of Motion
Brath Glusaid

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

Notice of Motion

“Highland Council condemns the Government of Israel for its continuing illegal occupation of Palestine’s East Jerusalem and the West Bank and for its continuing illegal blockade of Gaza.

Highland Council welcomes the decision of the United Nations on 29 November 2012 to grant ‘non-member observer State’ to Palestine.

However, for the people of Palestine, the suffering of the last 64 years continues as the Government of Israel continues to ignore and breach international law.

Just as individual sanctions against apartheid in South Africa led ultimately to its demise there, so individual and collective sanctions against the State of Israel will end apartheid and suffering in Palestine.

Highland Council therefore resolves to resist, insofar as legislative considerations permit, any action that gives political or economic support to the State of Israel”.

Signed: Mr D Kerr, Mr A Baxter

Notice of Motion

“The Independent Group asks that the Highland Council reviews the level of rent charged in our temporary accommodation.

Currently those who work and are on low wages and need temporary accommodation are severely penalised and many are pushed into debt”.

Signed: Mrs M Davidson, Mrs M Paterson

Notice of Motion

“The Highland Council recognises the constraints placed by the Gambling Act 2005 on the discretion of licensing authorities to refuse gaming and betting applications. The Council believes these constraints, on occasion, to be detrimental to the ability of licensing authorities to make decisions in the best interests of their communities.

The Council therefore resolves to make representations to the UK Government requesting that it amend the 2005 Act to reintroduce overprovision as grounds to refuse an application and to permit limits on the number and type of gaming machines permitted in a premises or area”.

Signed: Mr R Laird, Ms M Smith, Mr R Greene, Mr D Millar, Mr A Duffy, Mrs L MacDonald, Mr W MacKay, Dr I Cockburn

Notice of Motion

“That this Council agrees to the setting up of a cross-party Group to allow Members to examine all aspects of the current planning process and how it operates within the Highland area”.

Signed: Mr J Crawford, Mr M Green, Mrs H Carmichael, Mrs M Paterson, Mr R Balfour, Mr D Kerr

Notice of Motion

“Eighteen months ago, we entrusted Adult Community Care Services to NHS Highland. Our constituents are now telling us that they are struggling to get the services they need.

The Independent Group asks for an urgent meeting for all Members with the Chief Executive Officer and Senior NHS Officers to discuss how they are to improve services to our constituents in the immediate future”.

Signed: Margaret Davidson, Hamish Fraser, Gillian Coghill, Matthew Reiss, William MacKay, Richard Greene, Jaci Douglas,  Audrey Sinclair, John Gordon, Alasdair Rhind, Alistair MacKinnon, Isabelle Campbell, Fiona Robertson, Margaret Paterson, John Rosie, Donnie MacKay, Isobel McCallum, Graham Ross, Helen Carmichael, Rod Balfour, Carolyn Wilson

11.  Revenue Budget and Council Tax 2014/15
Buidseat Teachd-a-steach agus Cìs Comhairle 2014/15

There is circulated Report No. HC-52-13 (1000kb pdf) dated 10 December 2013 by the Director of Finance which sets out the budget proposals to address the residual £3.6m budget gap for 2014/15 to allow the Council to agree the Revenue Budget and Council Tax for that year.

An update on the Council’s longer term financial planning arrangements is also set out within the report.

The Council is asked to:-

(a) agree the further proposals set out at Paragraph 3.1 to balance the
     budget for 2014/15;
(b) agree the Revenue Budget for 2014/15 totalling £563.697m and as
     summarised in Annex 1;
(c) agree a Council Tax freeze for 2014/15 with the Band D tax for the year
     being £1,163;
(d) note future proposals relating to Council Tax on long term empty
     properties to be considered as part of the 2015/16 budget decision in
     December 2014; and
(e) agree that the Housing Revenue Account Estimates for 2014/15,
     including rents for houses, garages and other charges, should be formally
     agreed by the Finance, Housing and Resources Committee in January
     2014 (with no further reference to the full Council) and the Scheme of
     Delegation amended accordingly. 

12.  Report to Members and the Controller of Audit on the 2012/13 Audit of Highland Council
Aithris Chunntasan agus Aithisg Sgrùdaidh do Bhuill airson na Bliadhna gu 31 Màrt 2013

There is circulated Report No. HC-53-13 (929kb pdf) dated 4 December 2013 by the Director of Finance which provides information on the External Audit Report to Members in respect of the Final Accounts for the financial year ended 31 March 2013.

In this regard, the External Audit Report (572kb pdf) has been circulated separately.

Members are asked to note the External Auditor’s Report, the completed Action Plan incorporating the Council’s response and the Audited Accounts for the year ended 31 March 2013.

13.  Treasury Management Reports
Bhliadhnail Rianachd Ionmhais

(i) Annual Report 2012/13

There is circulated Report No. HC-44-13 (1007kb pdf) dated 10 October 2013 by the Director of Finance which highlights the Council’s Treasury Management activities, provides a commentary on the year and compares activity to the expected activities contained in the Annual Treasury Strategy Statement and Investment Statement which was approved by the Council on 1 March 2012.

In compliance with the Code, the attached Treasury Management Report 2012/13 was submitted to the Finance, Housing and Resources Committee on 9 October for scrutiny and is now submitted to the Council for approval.

In addition, the Prudential Code requires the Council to report the actual prudential indicators after the financial year end and these are contained in this report.

The Council is asked to approve the Annual Treasury Report for 2012/13 as detailed.

(ii) Mid-Year Review Report 2013/14

There is circulated Report No. HC-54-13 (1061kb pdf) dated 6 December 2013 by the Director of Finance which contains details of the Treasury Management Mid-Year Review Report for 2013/14.

The Council is asked to approve the Mid-Year Review Report for 2013/14 as detailed. 

14.  Amendments to the Council’s Programme
Atharrachaidhean do Phrògram na Comhairle

There is circulated Report No. HC-55-13 (942kb pdf) dated 9 December 2013 by the Chief Executive which proposes amendments to the Council’s Programme, ‘Working Together for the Highlands’, which reflect the commitments already met, those which would benefit from some change and new commitments.

The Council is asked to consider the amendments proposed as set out in Appendix 1 to the report and to agree any final changes.

The Council is also asked to note that change agreed for the Programme will be followed through into new actions and indicators so that performance can be monitored and reported. 

15.  Town Centre Regeneration
Meadhanan Bhailtean

There is circulated Report No. HC-56-13 (948kb pdf) dated 2 December 2013 by the Director of Planning and Development which provides an update on the Scottish Government’s recently published Town Centre Action Plan and outlines examples of regeneration activity within Highland town centres.

The Council is asked to note regeneration activity within Highland town centres and the emerging developments arising from the Scottish Government’s recently published Town Centre Action Plan.

The Council is also asked to agree to continue to develop support for town centres through focused activity and community consultation.

16.  Proposed Amendments to Service Management Teams and Strategic  Committees
Atharrachaidhean air am Moladh do Structar nan Seirbheisean

(a) Service Management Teams

There is circulated Report No. HC-57-13 (1048kb pdf) dated 10 December 2013 by the Chief Executive which, further to the amendments to the Service structure agreed by the Council on 24 October, presents proposals to realign the Council’s Service Management Teams into 5 Directorates. 

The Council is asked to agree:-

(i) the amendments to the titles of 2 Directorates and 1 post as described in
    Paragraphs 1.2 and 1.3; and
(ii) the amendments to the Service Management Teams as described in
    Paragraphs 2.3 to 2.7 and shown in Appendices 2, 3, 4, 5 and 6 and that
    these be implemented in 2 phases by no later than 30 September 2014. 

(b) Strategic Committees

There is circulated Report No. HC-58-13 (970kb pdf) dated 5 December 2013 by the Depute Chief Executive which proposes the re-naming of Strategic Committees and changes to the scope of delegation in each case in order to achieve better alignment with the agreed changes to the Council’s Service Structure.

The Council is asked to approve the amendments in relation to Strategic Committees as detailed on the basis that a further report will be submitted for consideration in March 2014 and full implementation undertaken with effect from 1 April 2014.

17.  Engaging with Police Scotland and the Scottish Fire and Rescue Service in their reviews of services
A’ Conaltradh ri Poilis na h-Alba agus Seirbheis Smalaidh is Teasairginn na h-Alba sna h-Ath-sgrudaidhean aca air Seirbheisean

There is circulated Report No. HC-43-13 (944kb pdf) dated 14 October 2013 by the Depute Chief Executive which describes the nature of the engagement the Council has had and is planning for the reviews currently underway by Police Scotland and the Scottish Fire and Rescue Service.

Members are asked to note that the Council is engaged fully in the reviews of services currently underway by Police Scotland and the Scottish Fire and Rescue Service and will continue to make the case for avoiding any adverse impacts on the services for people in the Highlands while being aware of the budget challenges facing all public services at this time.

In this regard, there is also circulated Report No. HC-59-13 (927kb pdf) dated 8 December 2013 by the Depute Chief Executive which provides an update on the current position.

Members are asked to note the Council’s position on reviews being conducted by the Scottish Fire and Rescue Service and Police Scotland as agreed at the Community Safety, Public Engagement and Equalities Committee and through the proposals made by the Council Leader.

18.  Highland Armed Forces Community Covenant Update
Cùmhnant nam Feachdan Armaichte

There is circulated Report No. HC-45-13 (1045kb pdf) dated 9 October 2013 by the Corporate Manager which outlines the work carried out by the partners to the Highland Armed Forces Community Covenant in the twelve months since it was established and sets out future priorities.

The Council is asked to welcome the work of the Highland Community Covenant Partnership undertaken to date and endorse the actions outlined at Paragraphs 2.1 and 2.2 of the report.

19.  Highland Common Good Funds – Policy, Management and Reporting
Maoin Maith Choitchinn na Gàidhealtachd

There is circulated Report No. HC-47-13 (985kb pdf) dated 3 October 2013 by the Corporate Manager which provides an update on progress with the implementation of the Common Good Fund policy and associated actions, identifies gaps and inconsistencies between the management of different Common Good Funds, proposes a route towards future management of Common Good Funds and develops a consistent reporting template for future reports.

The Council is invited to note the progress on actions proposed to the Resources Committee in 2009 and the different scale and complexity of the Inverness Common Good Fund compared with all other Common Good Funds in Highland.

The Council is also invited to approve the proposed amendments to the Scheme of Delegation.

The Council is further asked to agree that Common Good Funds out-with Inverness should continue to be managed by the relevant Ward Manager with support from Finance and other Services as required and that Annual Reports (as outlined in Section 3.4 of the report) should be presented to Area Committees to enable Members to set the Common Good Fund budget, monitor expenditure and ensure that the property and assets of each Common Good Fund are managed effectively.

20.  Creation of a New Highland Charities Trust
Ath-eagrachadh Charthannasan

There is circulated Report No. HC-60-13 (1127kb pdf) dated 29 November 2013 by the Director of Finance which details the progress of the project to re-organise a number of small charitable trusts, bequests and funds which are administered by the Council into a new Highland wide Highland Charities Trust in order to ensure their efficient administration and compliance with the Charities Act and related Regulations.

The report also seeks approval of the resolution which is required by the Office of the Scottish Charity Regulator (OSCR) as part of the process.

The Council is asked to agree:-

(i) the creation of a new trust to be known as “Highland Charities Trust” in
    terms of the draft Deed of Trust attached to the report (Appendix 3),
    subject to the approval in principle of the Office of the Scottish Charity
    Regulator to the Trust being eligible to become registered as a Scottish
    Charity;
(ii) in principle, the reorganisation and transfer into the new Highland Charities
    Trust of the assets of any existing small charitable trusts administered by
    the Council where the purposes equate to the purposes of the Highland
    Charitable Trust, once the Highland Charities Trust is registered as a
    Scottish Charity in accordance with the provisions of the Charity and
    Trustees Investment (Scotland) Act 2005;
(iii) the winding up of any existing small charitable trust once its funds have
    been transferred to the Highland Charities Trust; and
(iv) that the administration of the Highland Charities Trust be delegated to
    the Corporate Manager so far as making grants of under £10,000 is
    concerned, with grants of over £10,000 or grants covering an area greater
    than a 4 Ward area being brought back to the Finance, Housing and
    Resources Committee for consideration.

21.  Election Administration 2014
Rianachd Taghaidh 2014

There is circulated Report No. HC-61-13 (938kb pdf) dated 15 November 2013 by the Returning Officer which advises as to the impact that Election Administration for the forthcoming European Parliamentary Election and the Scottish Independence Referendum will have on the operation of the Council. In this regard, the European Parliamentary Election will be held on Thursday, 22 May 2014 with the Referendum being held on Thursday, 18 September 2014.

The report also explains the statutory framework which governs the conduct of the Election and the Referendum and highlights the need to have the election administration arrangements in place from January to October 2014.

The Council is asked to agree the administrative arrangements as detailed in the report.

22.  Planning and Licensing Applications – Protocol on the use of Speaking Rights
Dealbhadh agus Ceadachd – Protocal a thaobh Chòraichean Labhairt

There is circulated Report No. HC-48-13 (981kb pdf) dated 3 October 2013 by the Depute Chief Executive which outlines an updated Protocol for the use of Speaking Rights in regard to Planning and Licensing Applications as requested at the meeting of the Council on 5 September 2013.

The Council is asked to agree the proposed and updated Protocol on the use of Speaking Rights in relation to Planning and Licensing Applications as detailed and as attached as Appendix 1 to the report.

23.  Scheme of Delegation and Administration to Strategic Committees and Sub  Committees and to Officers
Raòn Ùghdarrais agus Rianachd gu Comataidhean Ro-innleachdail agus Fo-chomataidhean agus gu Oifigearan

(i) Amendments to current Scheme of Delegation

There is circulated Report No. HC-50-13 (1016kb pdf) dated 8 October 2013 by the Depute Chief Executive which outlines further amendments which have been received in regard to the Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers.

The Council is asked to agree the further amendments to the Scheme of Delegation as detailed.

(ii) Pension and Investment Sub Committee

There is also circulated Report No. HC-62-13 (936kb pdf) dated 4 December 2013 by the Director of Finance which sets out the remit of a Pension and Investment Sub Committee following the decision of the Council on 24 October to integrate the business of the former Pensions Committee with that of the current Investment Sub Committee.

The Council is asked to agree the remit of the Pension and Investment Sub Committee and amend the Scheme of Delegation accordingly.

24.  High Life Highland
High Life na Gàidhealtachd

(i) Amendments to Articles of Association

There is circulated Report No. HC-63-13 (945kb pdf) dated 6 December 2013 by the Director of Education, Culture and Sport which confirms that the Council is asked to consider a request from the Board of High Life Highland to amend the Articles of Association in regard to the retiral of Independent Directors and to make the necessary resolution.

The Council is asked to approve the amendment to the Articles of Association as outlined in the report and agree that the Chief Executive, or his nominee, should sign the special resolution on the Council’s behalf.

(ii) Appointment of Independent Directors

Members are advised that the High Life Highland Nominations Committee agreed to recommend that Mr William (Ian) Ross and Ms Jennifer Clarke should be appointed as Independent Directors of High Life Highland.

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

25.  New Prison – HMP Grampian – Appointment to Visiting Committee
Prìosan Ùr – Prìosan na Banrigh, Am Monadh – Cur an dreuchd a thaobh Comataidh Tadhail

The Council is advised that a request has been received from the Scottish Prison Service for a Member to be appointed to the Visiting Committee for the new Prison – HMP Grampian – which will open in March 2014. This appointment is required in light of the fact that the new Prison will hold prisoners from the Highland Council area.

In this regard, it should be noted that as the Cabinet Secretary for Justice intends to replace Visiting Committees with Prison Monitors in the autumn of 2014, this will be a short term appointment for approximately 6-9 months.

The Council is therefore asked to appoint 1 Member to the Visiting Committee of HMP Grampian as detailed.

26.  Deeds Executed
Sgriobhainnean Lagha a Bhuilicheadh

Members are asked to note that a List of Deeds (32kb pdf) and other documents executed on behalf of the Council since the meeting held on 24 October 2013 is available in the Members’ Library and on the Council’s Website.