Agendas, reports and minutes

Dear Member,

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday, 29 June 2016 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. 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, 24 young people from across the Highlands are due to receive their Gold Award this year.

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

4. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There are submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 12 May (pp.97-112) 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:-

*Planning, Development & Infrastructure Committee, 11 May
Education, Children & Adult Services Committee, 18 May
Sutherland County Committee 24 May
*Resources Committee, 25 May
Gaelic Implementation Group, 26 May
Badenoch & Strathspey Area Committee, 31 May
City of Inverness Area Committee, 2 June
*Communities and Partnerships Committee, 9 June
Lochaber Area Committee, 10 June
*Audit & Scrutiny Committee, 16 June
Isle of Skye & Raasay Committee, 20 June

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 3 February 2016.

7. Appointments Panel – External Bodies/ALEOs
Pannal Dhreuchdan – Buidhnean bhon Taobh A-muigh/Buidhnean Leth-eisimeileach bhon Taobh A-muigh

There are circulated for approval Minutes of Meeting of the Appointments Panel (External Bodies/Arms-Length External Organisations) held on Monday, 6 June 2016.

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

Members are advised that Mr A Duffy is now to be non-aligned. On that basis, the political make-up of the Council is as follows:-

Independent – 32/SNP – 18/Liberal Democrat – 12 /Labour – 8/Highland/Alliance – 6/Non Aligned - 4

The formula in respect of the number of places on Strategic Committees remains as 9/5/4/2/2.

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) Mr J Stone

To the Chair of the Community Services Committee

“What meetings have representatives of the Council had with the Scottish Government to discuss the difficulty the Council faces in funding the maintenance of non-trunk roads in the Council area?”

The response is circulated.

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

(ii) Mr R Laird

To the Leader of the Council

“What progress has the Administration made towards the compilation of a comprehensive land, property, and asset register for the Council?”

The response is circulated.

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

(iii) Mr G Phillips

To the Leader of the Council

“What progress has the Administration made towards the implementation of an effective project management system for the Council?”

The response is circulated.

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

(iv) Mrs G Sinclair

To the Leader of the Council

“How many equal pay claims against the Council remain outstanding and what is their combined value?”

The response is circulated.

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

(v) Ms M Smith

To the Chair of the Ross & Cromarty Committee

“Members at the last Ross & Cromarty Committee agreed that they wanted to see a breakdown to Ward level of the devolved area Community Services budget. Is it your intention to bring this to the next Area Committee?"

The response is circulated.

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

10. Notices of Motion
Brathan Gluasaid

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

(i) Given this Administration’s commitment to strengthening local democracy and empowering communities, we would request that the number of observers on the Education, Children and Adult Services Committee is increased to five with that place being allocated to a representative of the Highland Parent Council Forum.

Signed: Mr D Millar, Mrs F Robertson, Mrs I Campbell

(ii) The Highland Council notes that the current programme for the Deprived Area Fund is in its final year and that the current criteria require projects to focus on employability aims.

The Council further notes that the details of the 2017-20 programme will be agreed later this year and agrees that the eligibility criteria should be expanded to include other forms of anti-poverty activity.

Signed: Mr R Laird, Ms M Smith

(iii) The Highland Council agrees to review which categories of planning application are determined by Officers using powers delegated by the Scheme of Delegation.

Signed Mr B Lobban, Mr B Clark, Mr K Gowans

11. Redesign of the Highland Council
Ath-dhealbhadh Chomhairle na Gàidhealtachd

There is circulated (pp.14-30) Report No. HC/26/16 dated 21 June 2016 by the Chief Executive which provides an update of the work of the Redesign Board to complete Phase 1 of its work.

In this regard, there are also circulated Minutes of Meetings of the Redesign Board held on 10 May and 24 May 2016 which have been approved by the Board.

Members are asked to agree the content of the draft statements proposed by the Board on the Council’s purpose (Paragraph 3.6), the Council’s values (Paragraph 3.8) and outcomes for the Council to achieve (Paragraph 3.11).

Members are also asked to agree that the statements are agreed in draft to enable the next phases of the Board’s work to continue while allowing scope for amendment arising from further feedback from staff and partners, the Scottish Government’s programme to be announced and public engagement when the Board’s work is progressed, expected from September 2016.

Members are asked to note that the Board intends to continue to meet fortnightly during July and August on Phases 2 and 3 of its work. In this respect, Members can attend meetings and workshops. A further update will be provided to the Council meeting in September which will focus on re-prioritisation of Council functions.

12. Taking Forward Local Community Planning
A’ Toirt Dealbhadh Coimhearsnachd Air Adhart

There is circulated Report No. HC/27/16 dated 13 June 2016 by the Acting Head of Policy which considers the proposals for developing local community planning arrangements within the context of the new duties contained within the Community Empowerment Act but also other local planning responsibilities contained within the Public Bodies (Joint Working)(Scotland) Act 2014 and the Requirements for Community Learning and Development (Scotland) Regulations 2013.  

The Council is asked to note the new duties for community planning as detailed and to agree the proposals as set out in Section 3 of the report to take forward community planning and local partnerships, including that there should be 9 local partnerships for Highland.

The Council is also asked to note that the Community Planning Partnership Board will make the final decision on how to take forward the new duties at its meeting on 30 June 2016.  

13. Audit Scotland and Accounts Commission National Reports: (a) Overview of Local Government in Scotland 2016 and (b) Annual Report 2015/16
Aithisgean Nàiseanta Sgrùdadh Alba agus Choimisean nan Cunntasan: (a) Sealladh Farsaing air Riaghaltas Ionadail ann an Alba 2016 agus (b) Aithisg Bhliadhnail 2015/16

There is circulated Report No. HC/28/16 dated 20 June 2016 by the Director of Finance which presents two national reports applying to Local Government in Scotland, highlights the key messages and considers how the Council is responding to these reports.

In this regard, the national reports are circulated separately.

Members are asked to consider:-

i. the national reports from the Accounts Commission and Audit Scotland;
ii. the main issues highlighted in Section 2 of the report;
iii. the implications and actions currently being taken by the Council as per Section 3; and
iv. any specific training needs in light of issues raised by this report.

14. Annual Accounts for the Year to 31 March 2016
Cunntasan Bliadhnail airson

There is circulated Report No. HC/29/16 dated 21 June 2016 by the Director of Finance which presents the Annual Accounts for the year to 31 March 2016 for Highland Council, Highland Charities Trust, Highland Council Charitable Trusts and the Highland Council Pension Fund. 

This report also considers the Council’s level of balances held in the non-earmarked General Fund in the context of the financial position for the next three years.

Members are asked to:-

i. receive the unaudited Annual Accounts for Highland Council, Highland Charities Trust, Highland Council Charitable Trust and the Highland Council Pension Fund for the year ended 31 March 2016 and to note that these will be presented to the appointed Auditor by the prescribed date of 30 June 2016;
ii. note that reports on the detail of Service outturns and variances will be presented to the next round of Strategic Committee meetings; and
iii. approve the drawdown of £0.377m from earmarked reserves in 2016/17 for costs associated with Decriminalised Parking Enforcement as detailed at Paragraph 4.2 of the report.

15. Decision of Standards Commission for Scotland - Hearing
Coimisean nan Inbhean

There is circulated Report No. HC/30/16 dated 14 June 2016 by the Depute Chief Executive/Director of Corporate Development which fulfils the statutory duty placed on the Council under Section 18 of the Ethical Standards in Public Life etc (Scotland) Act 2000 following a Hearing.

The Council is asked to note the decision of the Standards Commission of Scotland and also that training in relation to the Code of Conduct will continue to be offered to Councillors and will be included in the Induction Programme for new Councillors elected in May 2017.

16.Scheme of Delegation – Community Services – Amendments
Sgeama Tiomnaidh – Seirbheisean Coimhearsnachd – Atharrachaidhean

There is circulated Report No. HC/31/16 dated 17 June 2016 by the Director of Community Services which outlines proposals for amendment to the Council’s Scheme of Delegation for powers delegated to Officers.

The Council is asked to approve the proposed amendments as detailed in the report.  

17. Church Representative - Education, Children & Adult Services Committee
Riochdaire Eaglaise, Comataidh Seirbheisean an Fhoghlaim, na Cloinne & nan Inbheach

The Council is required, in terms of Section 31 of the Local Government etc (Scotland) Act 1994, to have a minimum of three Church representatives on the Education, Children & Adult Services Committee, two of whom are to be appointed on direct nomination (by the Church of Scotland and the Roman Catholic Church) and the third involving discretionary procedures.

In this regard, and on the basis of the rota system previously agreed by the Council, Mr Alexander MacLean has been nominated by the Free Presbyterian Church of Scotland as its new representative to sit on the Committee.

The Council is asked to approve the nomination of Mr Alexander MacLean as detailed.

18. Timetable of Meetings
Clàr-ama Choinneamhan

Members are asked to agree that, if necessary, an additional meeting of the full Council in September should be arranged to allow consideration of a National Planning Application.

In this regard, specific details of the date and time would follow in due course.

19. 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.

20.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 12 May 2016 is available in the Members’ Library and on the Council’s Website.

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

The Council is asked to resolve that, under Section 50(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 Paragraphs 1 & 6 of Part 1 of Schedule 7A of the Act.

22. Voluntary Redundancy Scheme – Workforce Implications
Sgeama Call-dreuchd Saor-thoileach – Seaghan san Àite-obrach

There is circulated to Members only Report No. HC/32/16 dated 13 June 2016 by the Depute Chief Executive/Director of Corporate Development.

The Council is asked to note the terms of the report as circulated.

22. Voluntary Redundancy Scheme – Workforce Implications
Sgeama Call-dreuchd Saor-thoileach – Seaghan san Àite-obrach

There is circulated to Members only Report No. HC/32/16 dated 13 June 2016 by the Depute Chief Executive/Director of Corporate Development.

The Council is asked to note the terms of the report as circulated.