Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 29 October 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. By-Election – Ward 13 (Aird and Loch Ness)
Fo-thaghadh – Uàrd 13 (An Àird agus Loch Nis)

The Council is advised that, at the By-Election held on Thursday, 8 October 2015, Dr Jean M E Davis, 22 The Cairns, Muir of Ord, IV6 7AT was elected as the Member for Ward 13 (Aird and Loch Ness).

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 3 September 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, 10 September
Caithness and Sutherland Area Committee, 16 September
Nairn and Badenoch and Strathspey Area Committee, 23 September
Pensions Committee, 24 September
*Audit & Scrutiny Committee, 30 September
Community Safety, Public Engagement and Equalities Committee, 30 September
Education, Children and Adult Services Committee (Special Meeting), 8 October
Lochaber Area Committee (Special Meeting), 21 October
City of Inverness Area Committee (Special Meeting), 22 October

6. 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 21 May 2015.

7. Community Challenge Fund – Minutes of Meeting                               
Maoin Dùbhlain Coimhearsnachd – Geàrr-chunntas Coinneimh

There are circulated for approval Minutes of Meeting of the Community Challenge Fund Applications Panel held on 7 October 2015. 

8. Membership of Committees, etc 
Ballrachd Chomataidhean, is eile 

Members are advised that, following the result of the By-Election for Ward 13, the political make-up of the Council is now as follows:-

Independent – 32 /SNP – 20 /Liberal Democrat – 12 /Labour – 8 /Highland
Alliance – 5/Non Aligned - 3

The formula in respect of the number of places on Strategic Committees remains as 9/6/3/2/2.

9. 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)  Mrs G Sinclair

To the Chair of the Resources Committee/Budget Leader

“Please supply me information on average in the last financial year how much we spent on hire cars for officers throughout Highland Council?”

The response is circulated

Mrs Sinclair will be entitled to ask a supplementary question which will be answered by the Chair of the Resources Committee/Budget Leader.

(ii)  Ms M Smith

To the Chair of the Resources Committee/Budget Leader

“Please supply me with figures both in terms of FTE’s and financially for 2014/15 of the amount of Agency staff engaged by Highland Council throughout all of its offices”.

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/Budget Leader.

(iii)  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.

(iv)  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. 

(v)  Mr C Fraser

To the Chair of the Community Services Committee

“Please provide a current accurate assessment of how our Recycling is getting on in Highland, identifying targets that were agreed and whether or not these are being achieved, giving reasons.”

The response is circulated

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

(vi)  Mr D Millar

To the Leader of the Council

“Can the Leader provide Members with an update on progress towards improving broadband and mobile phone connectivity in Highland following discussions at the last meeting of the Convention of the Highlands and Islands?”

The response is circulated

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

(vii)  Mr T Maclennan

To the Leader of the Council

“What warranty period remains for the recently installed and heavily used 3G sports pitch at Lochaber High School. Are we fully complying with the maintenance schedule to protect this warranty and maintaining an up to date log book of this maintenance. Will there be a FIFA retest of this facility due in 2016?”

The response is circulated

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

10. Notices of Motion
Brathan Gluasaid

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

“Highland Council notes with concern that the Trade Union Bill will restrict the ability of this Council to engage in good industrial relations with our workforce.

Highland Council encourages employees to join a trade union as negotiation through workforce representation is an effective and efficient means of dealing with industrial relations. This Council believes the collection of union dues through the check-off arrangement, from which the Council receives income, is part of our collective and contractual arrangements with our workforce and their representatives and is something we would wish to continue.  This Council commits not to use agency staff to break or weaken the legitimate activities of the Highland Council workforce and their trade union representatives. We will continue to support arrangements that afford trade union representatives sufficient resources to enable them to carry out their functions to ensure the continuation of good industrial relations. 

The Leader of the Council commits to writing to the Secretary of State for Business, Innovation and Skills stating this Council’s opposition to this Bill and the Council’s wish to continue to support both facility time and check off. The Leader will write to the First Minister calling on the Scottish Government to stand with all Scottish Local Authorities to protect trade union rights and in support of their workforce in opposing the proposals in this Bill.”

Signed:    Mr J Gray, Mr B Murphy

“The Highland Council agrees to consult the members of the Citizens Panel on their views on a 5% increase in Council Tax in 2016/17, with the wording of the question to be agreed by the Chief Executive in consultation with the Group Leaders, and a report on the outcomes being made to the December meeting of Council.”

Signed:    Dr D Alston, Mr A Christie

The Council notes that the provisions in the Scotland Bill, currently being considered by the UK Parliament, will devolve additional responsibilities to the Scottish Parliament.

This Council supports the principle of subsidiarity and believes that devolution should not just be from Westminster to Holyrood but should continue down to a local level.

In this context, it is proposed that a Seminar be held to explore what areas of responsibility the Council would wish to see devolved to Highland. It is further proposed that any Member with an interest or knowledge that they can bring be invited to attend. The Seminar will develop recommendations for consideration by the Council at its meeting in March 2016.

Signed:   Mrs M Davidson, Mr H Fraser

11. Syrian Refugee Resettlement – Highland Response  
Ath-shuidheachadh Fògarraich Shiria – Freagairt na Gàidhealtachd

There is circulated Report No. HC/45/15 dated 14 October 2015 by the Depute Chief Executive/Director of Corporate Development which sets out the current position with regard to the Syrian refugee situation and the preparations underway to ensure a joined up approach across the Highland public sector.

The Council is asked to note the report and the work being done to prepare for the arrival of Syrian refugees in the Highlands.

12. Annual Audit Report and Accounts 
Aithisg agus Cunntasan Sgrùdaidh Bliadhnail

There is circulated Report No. HC/46/15 dated 15 October 2015 by the Director of Finance which sets out the External Audit Report on the 2014/15 Audit.

In this regard, the Auditor’s Report has been circulated separately. 

The Council is asked to note that the Auditor’s Report was approved by the Audit & Scrutiny Committee at the meeting on 30 September 2015.

The Council is also asked to note the agreed actions as detailed.  

13. Highland Charities Trust and Highland Council Charitable Trusts   
Urras Charthannasan na Gàidhealtachd

There is circulated Report No. HC/47/15 dated 15 October 2015 by the Director of Finance which requests approval of the Audited Accounts of the Highland Charities Trust and the Highland Council Charitable Trusts.

The Council is asked to note the development of the Highland Charities Trust to date.

The Council is also asked to note the review of both umbrella Trusts required following the Audit issue identified and agree the aims of the review as set out in Paragraph 2.3 of the report.

The Council is asked to agree the Annual Accounts of the Highland Charities Trust and Highland Council Charitable Trusts (also circulated) and that the outcome of the review should be reported to the Audit & Scrutiny Committee, with the Annual Accounts also being considered there in future.

14. Capital Programme Review: Capital Plan 2015/16 to 2023/24  
Ath-sgrùdadh Prògram Calpa: Plana Calpa 2015/16 gu 2023/24

There is circulated Joint Report No. HC/48/15 dated 16 October 2015 by the Director of Finance and Director of Development and Infrastructure which sets out the long term General Fund Capital Plan from 2015/16 to 2023/24.

In this regard, Annex 2 to the report is circulated separately.

The Council is asked to consider whether the increased allocation for Roads, Bridges and Harbours detailed at Annex 6 should be included in the Plan at the expense of a reduction in the ‘generic headings’ detailed at Annex 5. 

The Council is also asked to approve the Capital Plan 2015/16 to 2023/24.

The Council is asked to note the relationship to the Revenue Budget and the additional loan charges of £2.5m per annum associated with this level of capital investment.

The Council is also asked to note the risks around the level of Scottish Government Capital Grant and the need to monitor the Plan’s affordability on a regular basis.

The Council is further asked to note the responses from Ward meetings as outlined in Section 4 of the report.  

15. Lochaber Sports Association  
Comann Spòrs Loch Abar

There is circulated Joint Report No. HC/49/15 dated 16 October 2015 by the Director of Finance and Director of Care & Learning which seeks consideration of a significant funding application from the Lochaber Sports Association for an Indoor Training Facility.

In this regard, the project is seeking a Council funding contribution of £0.845m towards the construction of the facility which would then be operated on a day to day basis on the Association’s behalf by High Life Highland.  

The Council is asked to consider whether financial support should be offered to this project and, if so, it is recommended that any financial contribution should be £0.2m in line with the original funding intention as explained in Paragraph 3.7 of the report.

The Council is also asked to agree that the funding for the award of grant should come from the Capital Discretionary Fund.

The Council is also asked to note the revenue implications of c10% per annum of the value of the capital grant.

Members are further asked to agree that any financial contribution from the Council is conditional on the full funding package being in place for the total construction cost. 

16. Consultation on Provisions for a Future Islands Bill                         
Co-chomhairle mu Sholar airson Bile Eileanan san Àm ri Teachd

There is circulated Report No. HC/50/15 dated 19 October 2015 by the Chief Executive which provides a summary of the Scottish Government’s consultation on Provisions for a Future Islands Bill and seeks input from Members on the Council’s formal response.

Members are asked to agree the proposed approach, the establishment of a short life Working Group and that the draft response to the consultation should be brought back for approval at the Council meeting in December 2015.

17. Highland First – Corporate Performance Framework 2015-17 
Frèam Coileanaidh airson ‘A’ Ghàidhealtachd An Toiseach’

There is circulated Report No. HC/51/15 dated 5 October 2015 by the Depute Chief Executive/Director of Corporate Development which puts forward the Corporate Performance Framework which will be used to monitor and report on progress in delivering the Council Programme, Highland First 2015-17.  

The Council is asked to agree the Corporate Performance Framework as circulated.

Members are also asked to note that progress on delivering Highland First will be reported in year through Strategic Committees and annually to the Council.

18. Results from the Citizens’ Panel 2015 Performance and Attitudes Survey   
Suirbhidh Coileanadh Poblach 2015

There is circulated Report No. HC/52/15 dated 18 September 2015 by the Chief Executive which highlights that the survey results from the Citizens’ Panel show generally positive trends and satisfaction with most services surveyed and positive perceptions of community life in the Highlands.

The Council is asked to consider the key findings of the feedback from the Citizens’ Panel from this year’s survey and note the overall set of positive results and the actions being taken to address areas for improvement.

The Council is also asked to agree the follow up action to communicate the results and the specific actions as set out in Paragraph 3.2 of the report.  

19. Localism Action Plan
Deuchainnean Ionadaileachd

There is circulated Report No. HC/53/15 dated 20 October 2015 by the Head of Policy and Reform which highlights progress being made with the localism experiments already agreed and seeks agreement for a Localism Action Plan.

The Council is asked to note the recent actions and next steps to support the approach to localism and agree the Localism Action Plan which is attached.

20.Scheme of Delegation – Proposed Change to the remit of the Community Safety, Public Engagement and Equalities Committee                  
Ath-sgrùdadh den Sgeama Tiomnaidh – Comataidh Sàbhailteachd Coimhearsnachd, Com-pàirteachas Poblach agus Co-ionannachdan agus Comataidhean Sgìre

There is circulated Report No. HC/54/15 dated 19 October 2015 by the Head of Policy and Reform which seeks agreement for amendments to the remit of the Community Safety, Public Engagement and Equalities Committee.

The Council is asked to agree:-

(i) the revised remit for the Committee as appended to the report and that the name be changed to ‘Communities and Partnerships Committee’;
(ii) that the Committee should become a Strategic Committee with the appointment of a Vice Chair;
(iii) that the Chair and Vice Chair are designated Senior Councillor posts in accordance with the regulations with the relevant remuneration for Chairs and Vice Chairs of Strategic Committees and that, following the removal of two Area Committees, the Senior Councillor posts previously designated to these Committees will cease with effect from 30 October; and
(iv) that the changes should come into effect from 30 October with the next meeting of the Committee being scheduled for 10 December 2015.     

21. Highland Opportunity Limited
Cothrom dhan Ghàidhealtachd Earranta

The Council is advised that Mr B Fernie and Mr B Lobban have resigned from Highland Opportunity Limited.

As agreed at the last Council meeting, discussion will be undertaken with the Group Leaders with a view to bringing back revised recommendations in respect of the future process for appointments to external arms-length external organisations.

The Council is therefore asked to note the current position in regard to Highland Opportunity Limited on the basis that a further report on the appointments process will be submitted to a future meeting.

22. Timetable of Meetings for 2016                                                                           
Clàr-ama Choinneamhan

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

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 3 September 2015 is available in the Members’ Library and on the Council’s Website.