Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 3 September 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. Recess Powers 
Cumhachdan Fosaidh

Members are asked to note that the recess powers granted by the Council at the meeting on 25 June 2015 did not require to be exercised.

4. 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 25 June 2015 and of the Special Meeting held on 13 August 2015 as contained in the Volume which has been circulated separately.

5. 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:-

City of Inverness Area Committee (Special Meeting), 25 June 
Skye, Ross & Cromarty Area Committee, 5 August 
Planning, Development & Infrastructure Committee, 19 August 
Community Services Committee, 20 August
Lochaber Area Committee, 25 August 
Gaelic Implementation Group, 25 August 
Resources Committee, 26 August 
Education, Children & Adult Services Committee, 27 August

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

There will follow proposed changes to memberships of Committees, Sub Committees, etc for approval.

7. 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) Dr D Alston

To the Leader of the Council

“What meetings have you attended (other than those internal to the Council), what apologies have been submitted and what meetings are planned for the next 3 month period?”

The response is circulated.

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

(ii) Dr D Alston

To the Depute Leader of the Council

“What meetings have you attended (other than those internal to the Council), what apologies have been submitted and what meetings are planned for the next 3 month period?”

The response is circulated.

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

(iii) Mr B Lobban

To the Chair of the Planning, Development and Infrastructure Committee

“What steps are being taken to rectify the defects in the new builds at Aviemore Primary School and Kingussie High School and how do you intend to ensure that situations like this never re-occur in any of our new build projects?”

The response is circulated.

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

(iv) Ms M Smith

To the Leader of the Council

“The Leader will be aware of the new units being built by the Council in Kendal Court Court, Alness, in a modular build method by a new company called Carbon Dynamic who have set up in Invergordon. These units have a similar lifespan to traditional build but the cost of heating and maintaining them for the tenant is considerably reduced. Does the Council have plans to roll out this concept further within Highland?”

The response is circulated.

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

(v) Mrs L MacDonald

To the Leader of the Council

“Nairn welcome the announcement from NHS Highland regarding the continuity of funding for the Nairn Hydrotherapy Pool. As it is so important that services are delivered as close as possible to our communities, will the Council Leader confirm that she will work closely with NHS Highland and other partners to ensure that the Nairn Hydrotherapy Pool can continue after the three years already agreed?”

The response is circulated.

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

(vi) Mr R Laird

To the Chair of the Community Services Committee

“From which budget was the re-surfacing of the Council Headquarters Car Park funded?”

The response is circulated.

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

(vii) Dr D Alston

To the Leader of the Council

“What items will the Leader be asking to be included on the agenda for the next meeting of the Convention of the Highlands & Islands to be held in Moray in October?”

The response is circulated.

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

(viii) Mr J Stone

To the Leader of the Council

“In response to a question from me at the Highland Council meeting of 25 June, you undertook to seek an urgent meeting with the Deputy First Minister to discuss Local Government Finance. Was such an approach made and did such a meeting take place?”

The response is circulated.

Mr Stone 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

“What discussions has the Leader been involved with on the development of the Science Academy?”

The response is circulated.

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

(x) Mr A Baxter

To the Leader of the Council

“Will you publish details of the Lead Officer responsible for each of the commitments set out in ‘Highland First’ as presented to the Council on 13 August 2015, along with their initial assessment as to how each of these commitments will be achieved?”

The response is circulated.

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

8. Highland First Additions 
Prògram airson na Comhairle – A’ Ghàidhealtachd An Toiseach

There is circulated Report No. HC/31/15 dated 24 August 2015 by the Chief Executive which advises of proposed additions to the approved Programme for the Council,‘Highland First’.

The Council is asked to approve the additions to the Programme as listed in the report.

9. Corporate Performance Report 
Aithisg Coileanaidh Chorporra

There is circulated Report No. HC/32/15 dated 24 August 2015 by the Chief Executive which provides an assessment of Council performance against the Corporate Plan and the Council’s Programme for the period from 1 April 2014 to 31 March 2015.

In this regard, Appendices 1 and 2 to the report have been circulated separately.

Members are asked to note the good progress being made with delivery of the Council’s Programme, await a further report on Statutory Performance Indicators and the Local Government Benchmarking Framework in December 2015 and note the approach to the previous Programme as outlined at Paragraph 3.1 of the report and Appendix 2.

10. Regional Sports Facility 
Goireas Spòrs Sgìreil

A Presentation will be undertaken at the meeting by Mr Brian Porteous, Porteous Leisure, on the Highland Regional Sports Facility.

In this regard, there is circulated Joint Report No. HC/33/15 dated 24 August 2015 by the Director of Care and Learning and the Director of Development & Infrastructure which presents the findings of the feasibility study into the potential to create a Regional Sports Centre in the west of Inverness.

A copy of the full Feasibility Study is attached as Appendix A to the report.

Members are asked to:-

(a) comment on and accept the findings of the feasibility study;

(b) agree to develop the project to a detailed design and costing phase at an estimated cost of £150k;

(c) agree to formally approach Sportscotland for support;

(d) agree that High Life Highland are asked to continue to act as the Council’s agent in this project; and

(e) note that the Council will be asked to consider formal approval of the project within the Capital Programme following further discussions with the Scottish and UK Governments in relation to the City Deal.

11. City/Region Deal 
Cùmhnant Baile/Roinne

There is circulated Report No. HC/34/15 dated 20 August 2015 by the Director of Development and Infrastructure which provides an update on progress with the development of a City/Region deal.

Members are asked to note the update on progress and to agree the vision, themes and individual projects listed in Appendix 1 to the report as the basis of the Council’s initial requests to the Scottish and UK Governments.

12. European Structural Investment Funds – Engagement with the Scottish Government 
Maoin an Aonaidh Eòrpaich

There is circulated Report No. HC/35/15 dated 24 August 2015 by the Director of Development and Infrastructure which provides an update on current issues relating to EU Structural Investment Funds.

Members are asked to note the content of the report and approve the Council’s approach to raising its concerns with Government over the delivery of the European Structural Investment Funds in the Highlands via the Highlands & Islands European Partnership and its membership of the Highlands & Islands Territorial Committee. The Council will be represented on both of these Committees by the Leader who is also the Chair of the Highlands & Islands European Partnership.

13. Highland Health and Social Care Partnership Integration Scheme PP.76-77 
Sgeama Amalachaidh Com-pàirteachas na Gàidhealtachd

There is circulated Report No. HC/36/15 dated 24 August 2015 by the Chief Executive which introduces the Highland Health and Social Care Partnership Integration Scheme which is required by Scottish Ministers in accordance with the Public Bodies (Joint Working)(Scotland) Act 2014.

In this regard, the Integration Scheme has been circulated separately.

The Council is asked to agree the Integration Scheme for the Highland Partnership as circulated.

14. Community Empowerment 
Achd Cumhachdachaidh Coimhearsnachd

Community Empowerment (Scotland) Act 2015 – Implications for the Council

There is circulated Report No. HC/37/15 dated 24 August 2015 by the Head of Policy and Reform which summarises the Community Empowerment (Scotland) Act 2015 and describes the implications for the Council.

Members are asked to note:-

(a) that the Community Empowerment (Scotland) Act 2015 is now in place and that it brings new duties on the Council and its partners;

(b) early implications of the Act are identified in the report and these will be firmed up when statutory guidance becomes available with implementation dates known by and from July 2016;

(c) that preparatory work is underway with the Community Planning Partnership on some aspects of the Act and for other areas we will have to re-prioritise work; and

(d) the new rights for community bodies can be considered better with new arrangements for localism, with early proposals reported separately to this meeting of the Council.

Strengthening Local Democracy

There is circulated Report No. HC/38/15 dated 24 August 2015 by the Head of Policy and Reform which sets out proposals for strengthening local democracy, affecting current Area Committees in some areas initially and creating new arrangements for local community planning.

Members are asked to note that some areas are ready to begin their experiments in local democracy:

Caithness, Sutherland, Nairn and Badenoch and Strathspey seek most change at this time and are more ready to experiment with new arrangements;

Skye may also be included with some final discussions to confirm the geography to use and Local Members’ vision (ensuring alignment with the requirements of the Community Empowerment Act);

Lochaber is further on with its local community planning arrangements and seeks to develop those separately from its Area Committee, choosing a more evolutionary model of change;

The other areas within the Skye, Ross & Cromarty Area Committee and in the City Area Committee require some more work and discussion with Local Members to develop proposals.

Members are asked to note that for new local community planning arrangements to be tested, and while we have Members’ views on what that should achieve for their locality, we need partner agreement to participate. This is to be considered by the Community Planning Partnership Board in September 2015 and through partner’s governance arrangements with feedback to the Council in October 2015. The evaluation of new local arrangements should be agreed with partners and involve a range of methods as set out in Paragraph 2.22 of the report.

Members are asked to agree that to localise decision-making:-

We disband the two Area Committees covering Caithness and Sutherland and Nairn and Badenoch and Strathspey as soon as practicable and establish new forums for local community planning that serve each of the four areas separately as set out in Paragraph 2.17. These would engage with relevant local partners (pending their agreement) and offer better ways of engaging local community bodies and individuals and help implement the Community Empowerment Act. Council business (decision-making and scrutiny) would be considered separately in these forums and the Scheme of Delegation amended accordingly.

We adjust the Skye, Ross & Cromarty Area Committee to enable Skye to have similar arrangements as those above if that is the decision of Members in Ward 11.

We support the Local Members in Lochaber to take forward their evolutionary approach.

Work begins on using the principle of subsidiarity for Community Services budgets and decisions as set out in Paragraphs 2.13 to 2.15 and to be effective from 1 April 2016.

Council business in new local community planning forums or in continuing area committees is focused on decision-making with alternative arrangements found for briefing Members.

The action to mitigate the risks as set out in Paragraph 4.5 of the report.

15. Annual Efficiency Statement 2014/15 
Aithris Èifeachdais Bhliadhnail 2014/15

There is circulated Report No. HC/39/15 dated 18 August 2015 by the Director of Finance which sets out the Council’s Annual Efficiency Statement for 2014/15.

The Council is asked to note the Annual Efficiency Statement as circulated.

16. Application for Admitted Body Status 
Iarrtas airson Inbhe Buidhne Co-aontaichte

There is circulated Report No. HC/40/15 dated 21 August 2015 by the Director of Finance which requests consideration of an application from the University of the Highlands & Islands Shared Services for Admitted Body Status to the Highland Council Pension Fund.

The Council is asked to consider the details of the report, approve the application for Admitted Body Status and accept UHI as guarantor for the new Shared Services Company.

17. Call for Evidence by the Local Government and Regeneration Committee on Devolution of Legislative Powers relating to Fixed Odds Betting Terminals 
Innealan-Geall ‘Fixed Odds’

There is circulated Report No. HC/41/15 dated 24 August 2105 by the Depute Chief Executive/Director of Corporate Development which invites consideration of a draft response to the Call for Evidence by the Local Government and Regeneration Committee of the Scottish Parliament on the UK and Scottish Government’s proposals in relation to Clause 45 of the Scotland Bill which deals with the devolution of powers to control the number of Fixed Odds Betting Terminals in gambling premises.

The Council is asked to:-

(a) consider the draft response (attached at Appendix 4 to the report);

(b) agree any amendments to the response; and

(c) authorise the Depute Chief Executive/Director of Corporate Development to submit this to the Local Government and Regeneration Committee of the Scottish Parliament as the submission of the Highland Council.

18. Code of Corporate Governance 2015/16 
Còd airson Riaghladh Corporra 2015/16

There is circulated Report No. HC/42/15 dated 24 August 2015 by the Depute Chief Executive/Director of Corporate Development which provides an update on progress with delivering the actions agreed in the Local Code of Corporate Governance for 2014/15 and presents the proposed Code for 2015/16 for approval.

The Council is asked to:-

(a) note the good progress on delivering the agreed actions in the 2014/15 Code of Corporate Governance;

(b) note the Full Assurance provided by the Internal Audit report on the delivery of the 2013/14 Code;

(c) note that the Annual Report and Audited Accounts for the Highlands Charitable Trust will be reported to the Council in October 2015; and

(d) approve the Code of Corporate Governance for 2015/16.

19. 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

There is circulated Report No. HC/43/15 dated 19 August 2015 by the Depute Chief Executive/Director of Corporate Development which outlines amendments to the Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers.

Annual Review of the Scheme of Delegation is a requirement of the Council’s Code of Corporate Governance.

The Council is asked to agree the proposed amendments to the Scheme of Delegation as detailed on the basis that an amended copy will be circulated to all Members in due course.

20. Timetable of Meetings 
Clàr-ama Choinneamhan

There is circulated separately proposed Timetable of Meetings for 2016 for approval.

The Council is also asked to agree the following change in the current year –

Audit & Scrutiny Committee – to now be held on 17 November (as opposed to the scheduled date of 24 November)

21. 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 25 June 2015 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 item on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 6 of Part 1 of Schedule 7A of the Act.

23. North West Skye Schools 
Sgoiltean Ceann an Iar-Thuath an Eilein Sgitheanaich

There is circulated to Members only Joint Report No. HC/44/15 dated 21 August 2015 by the Director of Care and Learning and the Head of Corporate Governance.

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