Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 7 September 2017 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
A’ 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. Membership of the Council
Ballrachd na Comhairle

Members are advised that, following his election as the Member of Parliament for Caithness, Sutherland and Easter Ross, Mr Jamie Stone has confirmed his resignation as a Member of the Council with effect from 17 July 2017.

On that basis, a By-Election for Ward 7 (Tain and Easter Ross) has now been arranged and will be held on Thursday, 28 September 2017.

4. Recess Powers
Cumhachdan Fosaidh

Members are asked to note that the recess powers granted at the meeting on 29 June 2017 did not require to be used in relation to the full Council.

5. 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 29 June 2017 (pp.145-166) as contained in the Volume which has been circulated separately.

6. 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 as contained in Volume circulated separately as undernoted:-

Ross & Cromarty Committee, 15 August
Places Committee, 16 August
Lochaber Committee, 22 August
*People Committee, 23 August
Caithness Committee, 29 August
Corporate Resources Committee, 30 August
Pensions Committee, 31 August

7. 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 2 February 2017 (approved by the Board on 27 June 2017).

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

The Council is asked to agree the following –

Audit & Scrutiny Committee – Mr A Christie to replace Mr J Stone
Pensions Committee – Ms L Munro to replace Mr J Stone
Places Committee – Mr C Smith to replace Mr I Ramon

Highland and Western Isles Joint Valuation Board –

Substantive Member - Mr A Graham to replace Mrs C Caddick
Substitute Member – Mrs C Caddick to replace Mr A Graham 

9. Question Time
Am Ceiste

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

(i) Ms M Smith

To the Chair of the Resources Committee/Budget Leader

“In answer to my question to you at the last full Council highlighting the £115,000 fees paid to a Consultant over a 6 month period engaged at Highland Council in ICT in the position of Head of Digital Transformation, you said that you would get back to me and the Council with an explanation. I am still waiting so I would like to ask you for that report please?”

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.

(ii) Ms M Smith

To the Leader of the Council

“You have expressed several times that the new Council needs to be more business-like and commercial and in fact this was a finding of the Re-Design Board. To this end, you have promised to form a cross-party Commercial Board. This has not yet been done and no meetings are scheduled. Please will you give me a date for the first meeting so that this Council has a chance of surviving future cuts by becoming more self-suffcient?”

The response is circulated.

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

(iii) Mr C Fraser

To the Chair of the Places Committee

“How many claims have Highland Council had for damage to cars and vehicles in the past year due to road defects and of this number how many have the Council settled and how much has been paid out?”

The response is circulated.

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

(iv) Mr A Graham

To the Leader of the Council

“Further to the Motion on broadband agreed by the Highland Council on 27 October 2016, could you give an update on the rollout of fibre broadband in the Highlands and what the Council is doing to progress it?”

The response is circulated.

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

10. Corporate Performance Report
Aithisg Choileanaidh Chorporra Bhliadhnail

There is circulated Report No. HC/26/17 dated 19 August 2017 by the Chief Executive.

Members are asked to note the good progress being made with delivery of the Council’s Programme for the period from 1 April 2016 to 31 March 2017 and await a further report on Statutory Performance Indicators and the Local Government Benchmarking Framework no later than March 2018.

11. Programme for the Highland Council
Prògram airson Comhairle na Gàidhealtachd

Motion from the Administration – the Leader and Depute Leader will move the Programme for the Council which sets out the Administration’s priorities. These priorities will form the basis of the Council’s Corporate and Service Plans.

In this regard, the Programme for the Council is circulated separately.

Members are asked to agree the Programme for the Council as circulated and to note that the proposed Performance Framework will be taken to a future meeting.

12. The Chief Executive’s Proposals for the Highland Council Management Structure
Molaidhean an Àrd-Oifigeir airson Structar Rianachd Chomhairle na Gàidhealtachd

There is circulated Report No. HC/27/17 dated 29 August 2017 by the Chief Executive.

The Council is asked to:-

(i) note the criteria at Paragraph 2.4 and the contextual factors at Paragraph 3.1 which frame the proposals for the Highland Council management structure;
(ii) note that Highland Council currently has the leanest senior management structure among Scottish rural Councils;
(iii) agree to amend the management structure from 5 Directorates to 4 comprising Corporate Resources, Community Services, Development & Infrastructure and Care & Learning;
(iv) agree to the changes in organisation and responsibilities as set out in Section 5.6;
(v) agree to Member involvement (1 Member from each Group) in a short term Working Group to review Ward Manager roles and how these will drive the shift to localism;
(vi) agree to appoint a Director to the additional role of Depute Chief Executive and to reduce the additional remuneration for these duties to £5,000 per annum;
(vii) agree to the changes to the allocation of statutory roles as set out in Section 5.8;
(viii) note that the Chief Executive will consult with Heads of Service on the staff-side suggestion that Head of Service posts should have generic job descriptions;
(ix) agree to delete 2 posts as detailed in Section 8.1 of the report; and
(x) note the risk implications, specifically that the deletion of 2 posts from corporate functions will increase the risk of senior managers being unable to fully meet the expectations of Members and the Highland public.    

13. The Redesign Board’s Proposed Remit and Work Plan
Raon-ùghdarrais agus Plana Obrach a Thathar a’ Moladh airson a’ Bhùird Ath-dhealbhaidh

There is circulated Report No. HC/28/17 dated 23 August 2017 by the Chief Executive.

In this regard, there are also circulated Minutes of Meeting of the Redesign Board held on 29 August 2017.

Members are asked to agree:-

(i) the Board’s criteria for identifying peer reviews at Appendix 1;
(ii) delegated authority from the Council to the Board for its programme of reviews, noting that Members can propose service areas and functions for review to the Board;
(iii) the remit, work plan and timeline as described in the report and set out at Appendices 2 and 3; and
(iv) that the Board reports its progress to each meeting of the Council along with redesign recommendations and that it will inform the budget process as it is considered by the Council.   

14. Financial Approach 2018-2023
Sealladh Ionmhasail – Cunntas às Ùr 2018-2023

There is circulated Report No. HC/29/17 dated 29 August 2017 by the Director of Finance.

The Council is asked to note the approach being taken to address the budget gap and support the principle of multi-year budget setting.

Members are also asked to agree to reinstate the Council’s non-earmarked reserve to a minimum level of 2% of the Council’s annual revenue budget by 2023.

15. Highland Local Scrutiny Plan 2017/18
Plana Sgrùdaidh Ionadail na Gàidhealtachd 2017/18

There is circulated Report No. HC/30/17 dated 15 August 2017 by the Chief Executive.

Members are asked to note:-

(i) the Local Scrutiny Plan attached at Appendix 1 to the report which highlights that no additional scrutiny of the Council is required for 2017/18;
(ii) the positive comments made about the Council’s approach to redesign, use of scrutiny activity as a driver to help improve services and a renewed drive for quality improvement in education;
(iii) the areas where monitoring is planned as outlined in Paragraph 4.2; and
(iv) the areas of scheduled audit and inspection activity identified contributing to national audit reports outlined at Paragraph 4.4 of the report.

16. North Highland Health and Social Care Partnership Annual Performance Report for 2016
Com-pàirteachas Slàinte agus Cùraim Shòisealta na Gàidhealtachd a Tuath Aithisg Choileanaidh Bhliadhnail 2016

There is circulated Joint Report No. HC/31/17 dated 28 August 2017 from the Chief Executive, Highland Council and the Chief Executive, NHS Highland.

The Council is asked to note the Annual Performance Report as agreed by the Joint Monitoring Committee of the Highland Partnership and note that this has been published on the NHS Highland and Highland Council Websites in line with the expectations of the legislation.

17. The Islands (Scotland) Bill – Draft Consultation Response
Bile nan Eilean (Alba) – Fianais Sgrìobhte do Chomataidh an Eaconamaidh Dhùthchail agus a’ Chomais-cheangail

There is circulated Report No. HC/32/17 dated 28 August 2017 by the Chief Executive.

The Council is asked to approve the draft response to the Islands (Scotland) Bill Consultation and note that there will be further opportunities to engage during the passage of the Bill, including an oral evidence session in Edinburgh on 20 September 2017.

18. Highland Local Policing Plan
Plana Ionadail nam Poileas 

There is circulated Report No. HC/33/17 dated 28 August 2017 by the Chief Superintendent.

The Council is asked to provide scrutiny and comment on the proposed Plan for 2017-2020 as circulated.

19. Draft Local Fire and Rescue Plan 2017-2020
Plana Ionadail Smàlaidh 2017-2020

There is circulated Report No. HC/34/17 dated 28 August 2017 by the Local Senior Officer.

The Council is asked to comment on the draft Plan for 2017-2020 as circulated.

20. Community Empowerment (Scotland) Act 2015 (Part 2) - Highland Outcome Improvement Plan - Consultation
Achd Cumhachdachadh nan Coimhearsnachdan (Alba) 2015 – Plana Leasachadh Toraidh na Gàidhealtachd

There is circulated Report No. HC/35/17 dated 18 August 2017 by the Acting Head of Policy.

Members are asked to consider and comment on the draft Highland Outcome Improvement Plan as part of the Community Planning Partnership’s consultation process.

21. Community Empowerment (Scotland) Act 2015 - Part 8 – Common Good Property
Achd Cumhachdachadh nan Coimhearsnachdan (Alba) 2015 – Pàirt 8 – Cuid-seilbh Math Choitchinn

There is circulated Report No. HC/36/17 dated 28 August 2017 by the Director of Finance.

The Council is asked to note the content of the consultation on the draft guidance relating to Common Good Property under the Community Empowerment (Scotland) Act 2015 in Appendix 1 to the report.

The Council is also asked to approve the response to the consultation as contained in Appendix 2 to the report. 

22. High Life Highland – Amendment to Articles of Association High Life na Gàidhealtachd – Ath-shuidheachadh Stiùirichean Neo-eisimeileach agus Atharrachaidhean do Mheòrachan agus Artaigilean Co-cheangailte

There is circulated Report No. HC/37/17 dated 25 August 2017 by the Depute Chief Executive/Director of Corporate Development.

The Council is asked to agree to amend Articles 61 and 112.1 respectively of the Company’s Memorandum and Articles as detailed in the report. 

23. Standing Orders Relating to the Conduct of Meetings
Gnath-riaghailtean co-cheangailte ri GiulanChoinneamhan

There is circulated Report No. HC/38/17 by the Depute Chief Executive/Director of Corporate Development.

Annual review of Standing Orders is a requirement of the Council’s Code of Corporate Governance.

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

24. Timetable of Meetings for 2018
Clàr-ama Choinneamhan airson na tha air fhàgail de 2018

There is circulated proposed Timetable of Meetings for 2018.

The Council is asked to agree the proposed Timetable as circulated.

25. Notices of Motion 
Brathan Gluasaid

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

(i)‘School Estate Investment -

The Highland Council notes that the School Condition Survey currently categorises 78 Highland schools as being in ‘poor’ condition whilst the condition of only 24 is described as ‘good’ and further notes that 8 primary schools in Inverness are currently capped due to a lack of capacity.

The Council believes that a good physical environment is critical to a successful learning experience and therefore agrees to prioritise the condition and capacity of the Highland school estate when determining its upcoming capital budget’.

Signed:  Ms M Smith, Dr I Cockburn, Mr D Louden, Ms E Knox, Mrs M Cockburn, Mrs L MacDonald and Mrs P Munro.

(ii)‘Highland Council is appalled at the circumstances surrounding the future proposed closure of the Inverness Control Room, a facility that has stood the test of time and countless emergencies with distinction. The statement that all the jobs are secure is now in doubt and the promises to bring additional jobs to Highland in a National Database Enquiry Unit are proving false.

The Council and the Highland public demands answers regarding when the decision to recommend to the Scottish Police Authority to remove jobs from Inverness to the Central Belt/Govan was made and by whom.

Repeated representations have proved futile so we ask that we now write to the First Minister and make clear how betrayed we feel with the ongoing centralisation of services away from Highland’.

Signed: Mrs M Davidson, Mr A Baxter

(iii)‘Highland Council acknowledges that congestion on the A82, as it passes through Fort William, has reached a point where it is causing unacceptable delays for all road users. Highland Council acknowledges that the economic impact and wider inconvenience caused by the current situation is unacceptable and needs urgent action.

Highland Council urges Transport Scotland to bring forward the proposed Strategic Transport Appraisal of the wider Fort William area. Highland Council will write to the Transport Minister to provide an update on the current position and urge that the appraisal is carried out as a priority.

Concurrent to the appraisal process, short term measures must be investigated and executed by Transport Scotland to bring immediate relief.

The involvement of Elected representatives from the Lochaber area, alongside officials from Transport Scotland and BEAR Scotland, are vital as part of this process’.

Signed: Mr N McLean, Mr A Baxter, Ms M Smith

(iv)‘Highland Mental Health Services -

The Highland Council notes with concern recent restrictions on admissions to New Craigs Hospital following “extreme staffing pressures” and further notes concerning feedback at the provision of emergency psychiatric services in the Highlands.

The Council agrees that the Leader invites representatives of NHS Highland, mental health support groups, and interested Members to meet to discuss the future of these vital mental health services’.

Signed: Mr R Laird, Mrs M Cockburn, Ms M Smith   

26. 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 29 June 2017 is available in the Members’ Library and on the Council’s Website.