Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 13 March 2014 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

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.  Membership of the Council
Ballrachd na Comhairle

The Council is advised that Mr Eddie Hunter tendered his resignation as a Member of the Council with effect from 27 February 2014.

In this regard, a By-Election for Ward 12 (Caol and Mallaig) has now been arranged and will be held on Thursday, 1 May 2014.

4.  By-Election – Ward 10 (Black Isle)
Fo-thaghadh – Uard 10 (An t-Eilean Dubh)

The Council is advised that, at the By-Election held on 19 December 2013, Mrs Jennifer Barclay, Boggiewell, Fortrose, IV10 8SN was elected as the Member for Ward 10 (Black Isle).

5.  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 19 December 2013 as contained in the Volume which has been circulated separately.

6.  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, 8 January
• Adult and Children’s Services Committee 15 January 
• Finance, Housing and Resources Committee, 22 January 
• Skye, Ross and Cromarty Area Committee, 5 February 
• Transport, Environmental and Community Services Committee, 6 February 
• Caithness and Sutherland Area Committee 11 February 
• Planning, Environment and Development Committee, 12 February 
• Adult and Children’s Services Committee,19 February 
• Gaelic Implementation Group, 20 February 
• Pensions Committee, 21 February 
• Finance, Housing and Resources Committee, 26 February
  

Notice of Amendment – Customer Services Review 2
Brath Atharrachaidh – Ath-sgrùdadh air Seirbheisean Luchd-cleachdaidh 2

With reference to the Minutes of Meeting of the Finance, Housing and Resources Committee of 26 February 2014 as contained in the Volume and circulated separately, the following Notice of Amendment has been received in accordance with Standing Order 10.3 –

“We, the undersigned Members of the Council, wish to rescind the decision of the Finance, Housing and Resources Committee of 26 February 2014 to –

(i) agree the revised service delivery model of 12 community hubs as outlined
    in the report;
(ii) note the work undertaken as part of the Customer Services Review 2 and
    agree the £160,000 of savings which will be delivered as a result of this
    review;
(iii) approve the revised staffing structure as outlined in Sections 14 and 15 of
    the report; and
(iv) agree the implementation arrangements as outlined in Section 18.1 of the
    report

and instead -

Move that the Highland Council agrees the following –

(i) we believe in equal access to services for everyone across Highland and
    that the status quo regarding our 35 Service Points should remain;
(ii) any future changes to the Service Point network should be done in full
    consultation with communities, staff and Local Members; and
(iii) we propose the compensatory saving should be taken from the
    extra interest from the Loans Fund which is traditionally underspent and
    which this year has a substantial surplus.”

Signed: Mrs C Wilson, Mrs M Davidson, Mrs H Carmichael, Mr M Reiss  Mr W Fernie, Mrs G Coghill, Mrs M Paterson, Mr J Gordon, Mr A Baxter, Miss J Campbell, Mrs I McCallum, Mr L Fraser, Mr H Morrison, Dr A Sinclair, Mr M Green, Mr A MacKinnon, Mrs I Campbell, Ms J Douglas, Mr R Greene

In this connection, there is re-circulated Report No. FHR/43/14 dated 18 February 2014 by the Depute Chief Executive.

• Lochaber Area Committee, 27 February
• City of Inverness and Area Committee, 4 March

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

There are circulated for information Minutes of Meeting of the Highland and Western Isles Valuation Joint Board held on 21 November 2013.

8.  Recruitment Panel – Post of Director of Community Services
Pannal Fastaidh – Dreuchd Stiùiriche nan Seirbheisean Coimhearsnachd

There are circulated for information Minutes of Meeting of the Recruitment Panel for the post of Director of Community Services held on Thursday, 23 January 2014 (918kb pdf).

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

Members are advised that, following the result of the By-Election for Ward 10 (Black Isle), the political make-up of the Council is now:-

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 is now 10/6/4/2.

In this regard, there are circulated revised Committee membership tables (56kb pdf) for approval.

Members are also asked to agree the following –

Highland Opportunity Limited – Mrs L MacDonald to replace Mr K Gowans
Highland & Western Isles Valuation Joint Board – Mr A Duffy to replace Mr K Gowans
Highland & Western Isles Valuation Joint Board (Substitute) – Mr C Fraser to replace Mr A Duffy
Gaelic Implementation Group (Substitute) - Mrs I Campbell to fill the current vacancy

Highland Licensing Committee

Members are advised that Mr D Millar confirmed his resignation from both the Highland Licensing Committee and the Highland Licensing Board with effect from 6 March 2014.

On that basis, nominations were sought from the Ross, Skye and Lochaber area for the vacant place on the Highland Licensing Committee and have been received as follows:-

Mr C Fraser

Highland Licensing Board

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

In this regard, a Councillor is disqualified from election as, and from being, a member of a Licensing Board if the Councillor is (a) a premises licence holder (b) an employee of a premises licence holder and works as such in licensed premises (c) whether alone or in partnership with another person, engaged in the business of producing or selling alcohol (d) a director or other officer of a company so engaged or (e) an employee of any person so engaged and works as such in that business. In addition, training for the Licensing Board is mandatory and must be undertaken following appointment and before a Councillor can take part in the work of the Board.

Vice Chair of Highland Licensing Committee

The Council will be asked to appoint a Vice Chair for the Highland Licensing Committee at this meeting.

10. Question Time
Àm Ceiste

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

(i) Mrs M Davidson

To the Depute Leader of the Council

“May we get a written summary of the outcomes and commitments to future actions from the Highland Council Seminar with NHS Highland on 13 February 2014?”

The response is circulated.

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

(ii) Mrs H Carmichael

To the Leader of the Council

“The Islands Area Ministerial Working Group, chaired by Communities Minister Derek Mackay, met for the fourth time with Shetland, Orkney and the Western Isles Councils. Their topics for discussion include transport, agriculture, tourism, construction and digital services. The meeting was attended by the Chief Executives and Leaders of the three Islands Councils and Ministers Paul Wheelhouse, Minister for Environment and Climate Change, Keith Brown, Minister for Transport and Veterans, and Fergus Ewing, Minister for Energy, Enterprise and Tourism.

Will the Leader of Highland Council confirm for us what dialogue has taken place on these topics between Highland Council and Scottish Government Ministers on behalf of the Highlands to ensure the principle of local decision making and subsidiarity.”

The response is circulated.

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

(iii) Mrs M Davidson

To the Leader of the Council

 “Shetland Island Council has been very successful attracting investment from UK and Scottish Governments for their council housing and this has enabled them to write off most of their housing debt.

The Secretary of State, Alastair Carmichael MP, has been integral to those discussions.

Has the Leader of the Council asked for a meeting with the Secretary of State for Scotland to discuss the strong case for help with Highland housing debt?”

The response is circulated.

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

11.  Notices of Motion
Brath Glusaid

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

“The Councils of Orkney, Shetland and the Western Isles deplore the decision to close the Police and Fire Control Rooms in Inverness.

We call on the Highland Council to support this stance and join with likeminded Councils and to continue to fight against these closures.”

Signed: Mrs C Wilson, Mrs I McCallum

“The Highland Council believes that 16 and 17 year olds should be eligible to vote and endorses Highland Youth Voice’s 'Votes @ 16' Campaign to that effect”.

Signed: Mr R Laird, Mrs L Munro  

12.  Adult Care Services – NHS Highland
Seirbheisean Cùraim Inbheach - NHS na Gàidhealtachd

There is circulated Report No. HC-63-13 dated 4 March 2014 by the Director of Finance which seeks agreement of an additional payment of £1m from balances in the current financial year to partly meet a forecast budget deficit and a revised funding package for NHS Highland to deliver Adult Care Services over the following three financial years 2014/15 to 2016/17.

The Council is asked to:-
1.    approve the allocation of £1m from the projected budget surplus in 2013/14 to contribute to funding the forecast budget deficit in Adult Care Services in the current year;
2.    agree the amendments to the Budget Quantum for Adult Care Services covering the period 2014/15 to 2016/17 as follows –

(i) additional recurring funding – 2014/15 (£3.0m), 2015/16 (£1.3m)
    and 2016/17 (£0.4m)
(ii) additional non-recurring funding in 2014/15 of £1.5m
3.    agree that the amendments to the Budget Quantum as outlined above are financed as follows –

(i) additional £1m in both 2014/15 and 2015/16 from the budget for
    Preventative Spend (in addition to an assumed baseline £1m
    preventative spend per annum for adult care);
(ii) £2m from balances in 2014/15; and
(iii) Balance of funding required is addressed as part of the work
    required to deliver a balanced budget in the period 2015-19;
4.    note the requirement to amend the Council’s policy regarding the level of reserves held (covered by a separate report on today’s agenda);
5.    note the expectation that no additional financial commitment will be required from the Council over the next three years. Should any exceptional pressures arise, these will be considered by the Partners through the Finance and Commissioning Group in line with the Financial Protocol; and
6.    note that a Change and Improvement Plan will be provided by 31 March 2014.

13.  Revenue Budget: 2014/15 Budget Update and Long Term Financial Planning 2015/16 - 2018/19
Buidseat Teachd-a-steach: Cunntas Buidseit 2014/15 agus Planadh Ionmhasail Fad-ùine 2015/16 - 2018/19

There is circulated Report No. HC-64-13 (1077kb pdf) dated 4 March 2014 by the Director of Finance which provides an update in relation to the Revenue Budget for 2014/15 and an updated outlook and progress to date in relation to the Council’s longer term financial planning for years 2015/16 to 2018/19.

The Council is asked to note:-

(a) the update in relation to the 2014/15 Revenue Budget;
(b) the revised assumptions relating to the budget plan for 2015/16 –
     2018/19;
(c) the review areas being progressed by Senior Management Team and the
     early transformation savings identified; and
(d) the budget timetable for the remainder of the 2014 calendar year.

14.  Reserves and Balances – Review and Strategy
Airgead Glèidhte agus Cothromachaidhean – Lèirmheas agus Ro- innleachd

There is circulated Report No. HC-65-13 (972kb pdf) dated 3 March 2014 by the Director of Finance which sets out a review of the Council’s Reserves and Balances position, an updated strategy and recommendations in relation to proposals for use of balances.

The Council is asked to:-

(a) note the balances strategy and agree a revised target of a 2.5% retention
     as a general contingency; and
(b) agree the proposed use of balances as set out at Paragraph 3.2 of the
     report.

15.  Treasury Management Strategy Statement and Investment Statement 2014/15
Aithris Ro-innleachd Rianachd Ionmhais agus Aithris Tasgaidh 2014/15

There is circulated Report No. HC-66-13 (1140kb pdf) dated 3 March 2014 by the Director of Finance which presents the Treasury Management Strategy Statement and Investment Statement for 2014/15.

The Council is asked to agree the Treasury Management Strategy Statement and Investment Statement for 2014/15 as detailed.

16.  Carbon CLEVER Programme and Action Plan
Program Càrbon Ciallach ga Mholadh

There is circulated Report No. HC-67-13 (959kb pdf) dated 4 March 2014 by the Head of Policy and Reform which proposes a vision of a low carbon Highlands and outlines key strategic themes that need to be addressed and incorporated into the Carbon CLEVER approach to achieve a carbon neutral Inverness in a low carbon Highlands by 2025.

The report also proposes that a strategy document needs to be developed to help deliver the initiative, accompanied by an action plan, and details appropriate timescales in this regard.

The Council is asked to agree:-

(i) the vision statement of a low carbon Highlands by 2025 based on the
    description provided at Paragraph 2.2 of the report;
(ii) the proposed strategic themes of the Carbon CLEVER initiative as outlined
    at Paragraph 2.4 which would form the basis for drafting the Carbon
    CLEVER strategy and action plan;
(iii) the proposed development and associated timescales for the Carbon
    CLEVER action plan as detailed in Paragraph 3.2; and  
(iv) a Carbon CLEVER Conference in November 2014.

The Council is also asked to note the action to date on improving active travel and external funding potential with a focus currently on EU funding for the initiative.

17.  Community Challenge Fund
Maoin Dùbhlan Coimhearsnachd

There is circulated Report No. HC-68-13 (945kb pdf) dated 20 February 2014 by the Depute Chief Executive which summarises progress to date, outlines findings from a review of the Fund over the course of the first year and proposes several ways to take the Fund forward.

In this regard, there are circulated Minutes of Meetings of the Community Challenge Fund Applications Panel held on 2 October 2013 (34kb pdf) and 28 February 2014 (32kb pdf) for approval.

The Council is asked to:-

(i) note the update on the Community Challenge Fund;
(ii) note the findings from the review of the Fund after Year 1;
(iii) agree the proposals outlined in Section 4 for taking the Fund forward –
    promoting the Fund, building capacity among community groups to access
    the Fund and supporting staff to help with its implementation; and
(iv) agree to widening the criteria to include preventing new demands for
    services arising from deprivation as outlined at Paragraph 4.5 of the report.

18.  Standing Orders Relating to the Conduct of Meetings – Amendments
Gnath-riaghailtean co-cheangailte ri Giulan Choinneamhan

There is circulated Report No. HC-69-13 (925kb pdf) dated 4 March 2014 by the Depute Chief Executive which outlines proposals for further amendment to the Council’s Standing Orders Relating to the Conduct of Meetings.

The Council is asked to approve the proposed amendments to Standing Orders Relating to the Conduct of Meetings as detailed.

19.  Revised Scheme of Delegation – Strategic Committees and Officers
Sgeama Tiomnaidh Ath-sgrùdaichte – Comataidhean Ro-innleachdail

As agreed at the last meeting on 19 December 2013, there is circulated Report No. HC-70-13 (1470kb pdf) dated 28 February 2014 by the Depute Chief Executive which proposes further revisions to the current Scheme of Delegation following approval of changes in relation to Strategic Committees and the Council’s Service structure.  

The Council is asked to approve the amendments to the Scheme of Delegation in regard to Strategic Committees and to Officers as detailed and as highlighted in Appendices 1 and 2 to this report.

The Council is also asked to approve the revised arrangements in regard to the Vacancy Management Group as detailed in Section 3 of the report.

20.  Caithness Heat and Power – Report on Findings Issued by the Accounts Commission
Program Càrbon Ciallach ga Mholadh

There is circulated Report No. HC-71-13 (1226kb pdf) dated 3 March 2014 by the Director of Finance which confirms that a follow up statutory report on Caithness Heat and Power was published by the Accounts Commission on 4 December 2013 and following consideration the Accounts Commission issued their findings to the Council on 20 December 2013.  

The Council is asked to:-

(i) note that a follow up statutory report has been compiled on Caithness
    Heat and Power;
(ii) note that there are no further specific actions to be taken by the Council;
(iii) accept the findings issued by the Accounts Commission; and
(iv) agree that a reply should be issued to the Accounts Commission and that
    the notice required to complete the statutory process should be published.  

21.  Deeds Executed
Sgriobhainnean Lagha a Bhuilicheadh

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 19 December 2013 is available in the Members’ Library and on the Council’s Website.

22.  Exclusion of the Public
Às-dùnadh a’ Phobaill

The Council is asked to resolve that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public should be excluded from the meeting for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1, 6 and 9 of Part 1 of Schedule 7A of the Act.

23.  Fort William Office Review – Outline Business Case for the Strategic Change and Development Fund
Maoineachadh SCDF airson Ath-sgrùdadh Oifis a’ Ghearasdain

There is circulated to Members only Report No. HC/72/13 dated 18 February 2014 by the Director of Planning and Development on the Fort William Office Review – Outline Business Case for the Strategic Change and Development Fund.

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

24.  Management of Council Re-Organisation – Care and Learning Service
Rianachd Ath-eagrachadh na Comhairle – Seirbheis Cùraim agus Ionnsachaidh

There is circulated to Members only Report No. HC/73/13 dated 27 February 2014 by the Chief Executive on the Management of Council Re-Organisation – Care and Learning Service.

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

25.  Pathfinder North Re-Procurement - SWAN Contract
Cunnradh SWAN

There is circulated to Members only Report No. HC/74/13 dated 17 February 2014 by the Head of Digital Transformation on the Pathfinder North Re-Procurement – SWAN Contract.

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