Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 25 June 2015 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. Queen’s Birthday Honours List 
Liosta Urraman Co-là-breith na Banrigh

The Council is advised that a number of people from the Highland area have received honours in the Queen’s Birthday Honours List for 2015.

In this regard, a list of the recipients has been circulated for information.

4. 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 seven young people from across the Highlands are due to receive their Gold Award this year.

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

An award will also be made to Mr Jim Anderson to recognise his 22 years of volunteering.

5. Membership of the Council/Senior Member posts 
Ballrachd na Comhairle/Prìomh Dhreuchdan Bhall

(i) Membership of the Council/Committees, etc

Members are advised that the current membership of the Council is as follows -

Independent– 32 /SNP – 21 /Liberal Democrat – 11 /Labour – 8

Highland Alliance - 5/ Non Aligned - 3

In this regard, the formula for places on Committees remains as 9/6/3/2/2 and revised Committee Membership lists will be tabled at the meeting for approval.

Members are also asked to agree the following change to membership of the South Planning Applications Committee – Mr L Fraser to fill the vacant place for a Substantive Member (with Mr S Fuller as the Substitute Member).

(ii) Senior Member posts

Nominations for the following Senior Member posts will be moved at the meeting:-

Depute Leader of the Council 
Vice Conveners (2) 
Vice Chair of Resources Committee 
Vice Chair of Education, Children and Adult Services Committee 
Vice Chair of Planning, Development and Infrastructure Committee 
Vice Chair of Community Services Committee 
Chair of Pensions Committee 
Vice Chair of Highland Licensing Committee

6. 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 14 May 2015 and of the Special Meetings held on 14 May 2015 and 11 June 2015 as contained in the Volume which has been circulated separately.

7. 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:-

Education, Children and Adult Services Committee 
Lochaber Area Committee 
Caithness and Sutherland Area Committee
*Resources Committee 
Gaelic Implementation Group 
City of Inverness Area Committee 
Planning, Development and Infrastructure Committee 
Community Services Committee 
Nairn and Badenoch and Strathspey Area Committee 
Community Safety, Public Engagement and Equalities Committee 
*Audit & Scrutiny Committee

8. 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 28 January 2015.

9. Community Challenge Fund – Minute of Meeting 
Maoin Dùbhlain Coimhearsnachd – Geàrr-chunntas Coinneimh

There will follow for approval Minutes of Meeting of the Community Challenge Fund Applications Panel to be held on 17 June 2015.

10. Customer Services Board 
Bòrd Sheirbheisean Luchd-ceannaich

There are circulated for information Minutes of Meetings of the Customer Services Board held on 25 May and 15 June 2015.

11. 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 Baxter

To the Chair of the Resources Committee

“Will you make a statement on the outcome of the Customer Service Review and in particular the anticipated financial impact on those staff where a Service Point would be converted to a High Life Highland Partnership Service Point or an Access Point located in a library?”

The response is circulated.

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

(ii) Mr A Baxter

To the Chair of the Community Services Committee

“What is the new Administration's policy on the construction of an extension to the A830 which would establish a link road between Caol and Fort William?”

The response is circulated.

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

(iii) Ms M Smith

To the Chair of the Resources Committee

“How do you intend to consult on the gap in the budget for 2016/17 onwards?”

The response is circulated.

Ms Smith will be entitled to ask a supplementary question which will be answered by the Chair of the Resources Committee.

(iv) Mr B Lobban

To the Leader of the Council

“Will the Leader of the Council commit to engaging in discussions with the Scottish Government with a view to minimising the effect of the latest round of UK Conservative Government budget cuts on the people of the Highlands?”

The response is circulated.

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

(v) Mr R Laird

To the Leader of the Council

“How will the Leader update the Council on the business and decisions of the CoSLA Leaders’ Group?”

The response is circulated.

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

(vi) Mr G Phillips

To the Chair of the Planning, Development and Infrastructure Committee

“What are the Administration’s proposals for reviving the economy of the peripheral areas in Highland officially identified as fragile?”

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 and Infrastructure Committee.

(vii) Mrs D MacKay

To the Leader of the Council

“How does the Administration intend to ensure as many as possible working families in the Highlands benefit from the Living Wage by extending its reach to the Council’s supply chain?”

The response is circulated.

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

(viii) Mr J Gray

To the Leader of the Council

“The Labour Group was encouraged by the sentiments expressed by you at the Inverness City and Area Committee that your priority would be to protect the wages and condition of staff. How do you intend as the new Leader of Highland Council to take this forward?”

The response is circulated.

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

(ix) Mr R Saxon

To the Leader of the Council

“Given your often expressed views of the importance of strengthening the scrutiny role of the Audit and Scrutiny Committee, how can this be reconciled with the appointment of a Chair of that Committee from a party which is part of a confidence and supply arrangement with the new Administration?”

The response is circulated.

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

(x) Mr T Prag

To the Chair of the Planning, Development and Infrastructure Committee

“Given the significance for Inverness and the Highlands of the City Deal, could we get an update on what stage discussions have reached with the UK and Scottish Governments?”

The response is circulated.

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

(xi) Mr A Christie

To the Leader of the Council

“Could you inform the Council as to the timetable you are working towards in proposing a budget for 2016/2017, including consultation with communities and reports to Committees?”

The response is circulated.

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

12. Notices of Motion 
Brathan Gluasaid

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

(i) “The Highland Council congratulates Inverness Caledonian Thistle FC on winning the Scottish Cup and qualifying for the UEFA Europa League. The Council believes this success should be celebrated as one for the whole Highlands and wishes both ICTFC and Ross County FC the best of luck for the 2015-16 season and beyond”.

Signed: Mr R Laird Mr H Morrison

(ii) “The Highland Council agrees that, in planning future budgets, all voluntary and third sector organisations in receipt of grant from the Highland Council will have at least one year’s notice of any reduction in their grant and will therefore be able to plan ahead with knowledge of this level of support from the Highland Council”.

Signed: Dr D Alston Mr J Stone Mr H Wood

(iii) “The Highland Council recommits itself to actively campaigning for fair funding for NHS Highland in line with the agreed national formula”.

Signed: Mr A Christie Ms K Stephen Mrs C Caddick

(iv) “We believe the current practice of appointing the Leader and Depute Leader of the Council, in ex officio with full voting rights, to all Strategic Committees is undemocratic. We therefore ask the Council to agree that this practice should no longer be adopted”.

Signed: Mr A Baxter Mrs M Davidson Ms M Smith Mr T Maclennan

Mr D Kerr Mr R Laird

13. Annual Accounts for the Year to 31 March 2015 
Aithris Chunntasan Neo-sgrùdaichte airson na Bliadhna gu 31 Màrt 2015

There is circulated Report No. HC/23/15 dated 16 June 2015 by the Director of Finance which presents the Annual Accounts for the year to 31 March 2015 for the Highland Council, Highland Charities Trust, Highland Council Charitable Trusts and the Highland Council Pension Fund.

The report also considers the balance held in the non-earmarked General Fund of the Council.

The Council is asked to:-

(i) receive the unaudited Annual Accounts for the Highland Council, Highland Charities Trust, Highland Council Charitable Trust and the Highland Council Pension Fund for the year ended 31 March 2015 and note that these will be presented to the appointed Auditor by the prescribed date of 30 June 2015;

(ii) note that reports will be presented to the Strategic Committees to explain in more detail the year end variances from Service budgets; and

(iii) consider the use of funds in excess of the reserves strategy currently in the non-earmarked balance of the General Fund as recommended in Paragraph 4 of the report.

14. Revenue Budget 2015/16 – 2018/19 - Updated Financial Forecast 
Buidseat Teachd-a-steach 2015/16 – 2018/19 – Ro-aithris Ionmhasail Ùraichte

There is circulated Report No. HC/24/15 dated 16 June 2015 by the Director of Finance which provides an update on the present budget position and highlights new and additional financial risks in the current financial year 2015/16 and a significant amended budget gap for the three year period 2016/19.

The Council is asked to:-

(i) note the additional budget pressures of £2.601m in 2015/16 and agree that these are met from the reported surplus from 2014/15;

(ii) agree to set aside the budget saving of £0.12m in respect of Winter Maintenance as agreed in December 2014 and as outlined in Paragraph 2.4 of the report;

(iii) note and consider the forecast changes to the financial forecasts and revised budget gaps for the following three financial years 2016/17-2018/19 of £46.288m; and

(iv) note and consider the budget implications as set out in Section 5 of the report.

15. Update on the Review of Area Committees and Local Community Planning Arrangements 
Cunntas às Ùr mu Ath-sgrùdadh Chomataidhean Sgìreil agus Ullachaidhean Dealbhaidh Coimhearsnachd Ionadail

There is circulated Report No. HC/25/15 dated 15 June 2015 by the Head of Policy and Reform which provides a further update on the progress being made to review Area Committees and local community planning arrangements based on workshops with Members locally and advises of the support from the Highland Community Planning Partnership for partnership discussions locally to improve local community planning arrangements. It is considered that the ideas for localism emerging should support the Council and its partners to meet the new requirements of the Community Empowerment legislation.

The Council is asked to note the progress being made since the update provided in May 2015, that the Workshops with Members in Sutherland and Caithness and the follow up discussions in some Wards in Skye, Ross and Cromarty support the two different models reported previously (one combining Council and partner business with community involvement into a community partnership and the other focusing more on the Area Committee with distinct governance, aligned to District Partnerships and supported by Ward Forums) and that participatory budgeting is to be tried in several localities in 2015/16 using different approaches.

The Council is also asked to agree to the next steps as set out in Paragraph 4.5 of the report, for discussions with partners and community bodies in Nairn, Badenoch and Strathspey, Caithness and Sutherland, to consider the different options around localities for governance within Skye, Ross and Cromarty and to identify an experiment, and for further reports to come forward on the requirements of the new Community Empowerment legislation to ensure the early experiments enable full compliance with the Act.

Members are further asked to note that amendments to the Council Programme on community empowerment are to be reported to a Council meeting in August 2015.

16. Community Councils 
Comhairlean Coimhearsnachd

(i)Highland Community Council Scheme Amendments

There is circulated (pp.43-48) Report No. HC/26/15 dated 1 June 2015 by the Head of Policy and Reform which provides an update on topical issues for Community Councils including Community Council elections in November 2015.

The report also seeks approval to amend certain aspects of the Scheme and proposes that the next full review of the Scheme does not begin until after May 2017 to allow new Community Councils an opportunity to settle in and to contribute to the discussions on their role in strengthening local democracy with some new arrangements tested in some areas.

The Council is asked to note that elections will take place for all Community Councils this year with the process beginning in August 2015.

The Council is asked to agree to amend the Highland Community Council Scheme of Establishment as outlined at Section 6.1 of the report which includes removing Section 14.3 of the Scheme and updating populations and corresponding changes in membership formula.

The Council is also asked to agree that an overall review of the Community Council Scheme does not commence before May 2017 to enable new Councils to settle in and contribute to the discussions on their role in strengthening local democracy with some new arrangements to be tested in some areas over the next two years.

(ii)Central Community Council

There is circulated (pp.49-64) Report No. HC/27/15 dated 4 May 2015 by the Head of Policy & Reform which outlines the background and approach in an attempt to establish representation for the Central Community Council area in Inverness.

The Council is asked to consider the two options available and agree either Option A (a merger between Central Community Council and Crown Community Council) or Option B (a merger between Central Community Council and Park Community Council.

The Council is also asked to agree that the new Community Council (either Inverness Central Crown or Inverness Central Park) will operate from November 2015 following elections, that as per the membership formula the new Community Council will have a membership of 13 (Inverness Central Crown) or 10 (Inverness Central Park) as per the updated population at June 2015 and the Community Council grant will be recalculated as per the formula agreed by the Council in June 2011 to reflect the merger.

(iii)Nairn Suburban and Nairn West Community Councils

There is circulated (pp.65-70) Report No. HC/28/15 dated 25 May 2015 by the Head of Policy and Reform which outlines a proposal from Nairn Suburban and Nairn West Community Councils to merge.

The Council is asked to agree a merge between the Community Councils as detailed and that the Highland Community Council Scheme of Establishment is amended to reflect that the new Community Council (Nairn West and Suburban) will operate from November 2015 following elections, that the new Community Council will have a membership of 11 as per the membership formula detailed within the Scheme and that the Community Council grant will be recalculated as per the formula agreed by the Council in June 2011 to reflect the merger.

17. Adoption of Inner Moray Firth Proposed Local Development Plan
Gabhail ri Plana Leasachaidh Ionadail LinneMhoireibh A-staigh

There is circulated Report No. HC/29/15 dated 8 June 2015 by the Director of Development and Infrastructure which seeks a decision by the Council to adopt the Inner Moray Firth Local Development Plan as modified following receipt of the Report of Examination. In this regard, Members are reminded that the Reporter’s recommendations for modifying the Plan are binding upon the Council, except in very exceptional circumstances which do not apply in this case.

The Council is asked to adopt the Inner Moray Firth Proposed Local Development Plan as modified and published following receipt of the Report of Examination, noting that the Reporter’s recommendations are binding upon the Council.

18. Scheme of Delegation/Elected Members Roles and Responsibilities 
Sgeama Tiomnaidh /Dreuchdan is Dleastanasan nam Ball Taghte

There is circulated Report No. HC/30/15 dated 17 June 2015 by the Depute Chief Executive/Director of Corporate Development which outlines a proposal for amendment to the Council’s Scheme of Delegation and to Elected Members Roles and Responsibilities.

The Council is asked to agree that the roles of Leader of the City/Area (Inverness) and Provost of Inverness should be combined and in future this position referred to as ‘Provost and Leader of Inverness and Area’ as detailed in the report.

19. Convention of Scottish Local Authorities (CoSLA) 
Co-chruinneachadh Ùghdarrasan Ionadail na h-Alba

The Council is entitled to appoint 5 Members to the Convention of Scottish Local Authorities (CoSLA).

In this regard, nominations for these places - in accordance with the formula (2/2/1) -will be tabled at the meeting.

20. Appointments to the Health and Social Care Committee 
Cur an Dreuchd gu Comataidh na Slainte is a’ Shoisealta

The Council is asked to appoint 3 Members to the Health and Social Care Committee.

21. Timetable of Meetings 
Clàr-ama Choinneamhan

The Council is asked to agree the following changes to the dates of meetings in the current year:-

Highland Council – additional meeting - 13 August

Gaelic Implementation Group – from 13 August to 25 August

22. 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 Corporate Development 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. 

23. 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 14 May 2015 is available in the Members’ Library and on the Council’s Website.