Agendas, reports and minutes

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 28 June 2018 at 10.35am.

1. Calling of the Roll and Apologies for Absence
A’ Gairm a’ Chlàir agus Leisgeulan

Present:

Mr G Adam, Mr B Allan, Mr R Balfour, Mrs J Barclay, Mr A Baxter, Mr B Boyd, Mr R Bremner (V/C), Mr J Bruce, Mrs C Caddick, Miss J Campbell, Mrs I Campbell, Mrs G Campbell-Sinclair , Mrs H Carmichael, Mr A Christie, Dr I Cockburn, Mrs M Cockburn, Mr G Cruickshank, Ms K Currie, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr L Fraser, Mr R Gale, Mr K Gowans, Mr A Graham, Ms P Hadley, Mr T Heggie, Mr A Henderson, Mr A Jarvie, Ms E Knox, Mr R Laird, Mr B Lobban, Mr D Louden, Mrs L MacDonald, Mr R MacDonald , Mrs D Mackay, Mr D Mackay, Mr W MacKay (V/C), Mr G MacKenzie, Mrs I MacKenzie, Mr S Mackie , Mr A MacKinnon, Mrs A MacLean, Mr C MacLeod, Mr D MacLeod, Mr D Macpherson, Mr R MacWilliam, Mrs B McAllister, Mr J McGillivray (V/C), Mr N McLean (V/C), Mr H Morrison, Ms L Munro, Mrs P Munro, Mrs M Paterson, Mr I Ramon, Mr M Reiss , Mr A Rhind, Mr D Rixson, Mrs F Robertson, Mr K Rosie, Mr G Ross, Mr P Saggers, Mr A Sinclair, Ms N Sinclair (V/C)  , Mr C Smith, Ms M Smith, Ms K Stephen, Mr B Thompson (V/C), Mrs C Wilson.

In Attendance: 
Chief Executive
Director of Development & Infrastructure Director of Finance
Director of Community Services

Also in Attendance:
Chief Superintendent G MacDonald, Police Scotland
Chief Inspector D Ross, Police Scotland

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mr I Brown, Mr C Fraser, Mr J Gordon, Mr J Gray and Mrs T Robertson.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 3 – Mr A Jarvie (Non-Financial)
Item 9(i) Mr K Rosie (Non-Financial)
Item 9(vi) – Mr A Baxter (Financial) and Mr A Graham (Non-Financial)
Item 18 – Ms L Munro, Mr T Heggie, Mr D Macpherson, Mr K Gowans, Mr A Jarvie and Mr D Louden (all Non-Financial)

3. Duke of Edinburgh Award Scheme – Gold Award Presentation
Sgeama Duais Diùc Dhùn Èideann – Toirt Seachad na Duais Òir
 
Declaration of Interest – Mr A Jarvie declared a non-financial interest in this item as a Board Member of the Duke of Edinburgh Award Scheme but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude him from taking part in the discussion.

It was NOTED that, as part of the Duke of Edinburgh Award Scheme, thirty six young people from across the Highlands were due to receive the Gold Award in the current year.

In this regard, the Convener presented Gold Award badges to the following fifteen recipients who were present at the meeting:-

Steven Grant (Culloden Academy)
Jed Russell (Culloden Academy)
Nina Robertson (Culloden Academy)
Kirsty Watt (Portree High School)
Danielle Mckandie (Culloden Academy)
Freya Shepherd (Fortrose Academy)
Aimee  Vincent (Inverness Royal Academy)
Meg Wallace (Culloden Academy)
Katherine Baines (Dornoch Academy)
Johnathan Hibbard (Grantown Grammar School)
Lucy Dornan (Golspie High School)
Neil Crawshaw (Culloden Academy)
Rachel Hay (Culloden Academy)
Heather Longbottom (Girl Guides UK)
Jessica Wade (Girl Guides UK)

4. Confirmation of Minutes 
Daingneachadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 10 May 2018 as contained in the Volume which had been circulated separately - which were APPROVED.

5. Minutes of Meetings of Committees
Geàrr-chunntasan Choinneamhan Chomataidhean

There had been 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 which had been circulated separately as undernoted:-

Caithness Committee, 16 May
*Environment, Development & Infrastructure Committee, 17 May
Badenoch & Strathspey Area Committee, 22 May
Sutherland County Committee, 23 May
Corporate Resources Committee, 24 May
**Care, Learning & Housing Committee, 30 May
*City of Inverness Area Committee, 31 May
Isle of Skye & Raasay Committee, 4 June
*Nairnshire Committee, 13 June
Audit & Scrutiny Committee, 14 June

The Minutes, having been moved and seconded were, except as undernoted,  APPROVED – matters arising having been dealt with as follows:-

Environment, Development & Infrastructure Committee, 17 May

*Starred Item: Item 23: PP. 99-100: Waste Management Strategy

The Council AGREED the continuation of the role of the Member Waste Working Group to support and scrutinise the project going forward

Care, Learning & Housing Committee, 30 May

*Starred Item: Item 13: PP.135 : Review of Statutory Consultation Exercise into the proposal to establish a new primary school to serve the Ness Castle and Ness-Side housing developments

The Council AGREED the establishment of a new primary school for Inverness to serve the Ness Castle and Ness-side housing developments and the creation of a catchment area for the new school based on Option B of the catchment options outlined in the original Proposal Paper.

*Starred Item: Item 21: PP. 139-141: 6-Monthly High Life Highland Progress Report

The Council AGREED the nomination of Mrs A MacLean to support the Youth Work Improvement Group and Highland Youth Parliament to develop it.

City of Inverness Area Committee, 31 May

*Starred Item: Item 10: P. 149: Town House Works Programme Phase 3

The Council AGREED to proceed to tender for Phase 3 (with a total estimated project cost of £3,304,083.58 for all the remaining sections of the Town House) and with a further third party funding application to Historic Environment Scotland

Nairnshire Committee, 13 June

*Starred Item: Item 3: PP. 164-165: Nairn Business Improvement District (BID)

The Council AGREED to support the ‘NairnConnects’ BID Proposal.

6. Highland and Western Isles Valuation Joint Board
Co-Bhòrd Luachaidh na Gàidhealtachd is nan Eilean Siar

There had been circulated for information Minutes of Meeting of the Valuation Joint Board held on 18 January 2018 (approved by the Board on 21 June 2018) which were NOTED.

7. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

It was NOTED that Mr D Mackay had confirmed that he had now left the Independent Group and joined the Scottish Conservatives Group.

In this regard, it was NOTED that the revised membership of the Council was as follows:-
Independent – 27/SNP – 19/Scottish Conservatives – 11/Liberal Democrat – 10/Labour – 3/Green Party – 1/Sutherland Independent – 1/Non-Aligned – 2
It was also NOTED that the formula in respect of the number of places on Strategic Committees was now 9/7/4/4/1
Revised Committee membership lists had also been tabled at the meeting and were AGREED.
The Council also AGREED the following –
North Planning Applications Committee (Sub – Ward 1) – Mr H Morrison
North Planning Applications Committee (Sub – Ward 2) – Mr S Mackie
North Planning Applications Committee (Sub – Ward 3) – Ms N Sinclair
South Planning Applications Committee (Sub – Ward 12) – Ms E Knox
South Planning Applications Committee (Sub – Ward 16) – Mrs I MacKenzie

Planning Review Body

It was noted that, following the resignation of Mr S Mackie, nominations had been sought from Wards 1, 2, 3, 4, 6, 7 & 9 for the vacant place on the Planning Review Body and had been received for Mr A Sinclair and Mr R Bremner.

On a vote being taken, Mr Sinclair received 24 votes and Mr Bremner received 40 votes, with 4 abstentions, the votes having been cast as follows:-

Votes for Mr A Sinclair
Mr D Macpherson, Mr R MacDonald, Mr T Heggie, Mrs B McAllister, Mrs I MacKenzie, Mr C Smith, Mr J Finlayson, Mr G Adam, Mr D Rixson, Ms L Munro, Mr D MacLeod, Mr J Bruce, Mr I Ramon, Mr G Cruickshank, Mr H Morrison, Mr M Reiss, Mrs F Robertson, Mrs I Campbell, Mrs J Barclay, Mr A Jarvie, Mr S Mackie, Mr P Saggers, Mr D MacKay and Mr W MacKay.

Votes for Mr R Bremner
Mr K Rosie, Mrs P Munro, Mr B Allan, Mr K Gowans, Mr C MacLeod, Ms P Hadley, Mr R Balfour, Mrs M Paterson, Miss J Campbell, Mr G Ross, Mr R MacWilliam, Ms K Currie, Ms E Knox, Mr B Boyd, Mr D Louden, Mr A Rhind, Mr B Thompson, Mr L Fraser, Mrs A MacLean, Mrs M Cockburn, Mrs G Campbell-Sinclair, Mr G MacKenzie, Dr I Cockburn, Mrs L MacDonald, Mr M Finlayson, Mr A Graham, Mrs C Caddick, Mr B Lobban, Ms M Smith, Mr R Laird, Mr A Henderson, Mrs H Carmichael, Mrs M Davidson, Mr A MacKinnon, Mr A Baxter, Mr A Christie, Mrs D MacKay, Mr R Bremner, Mr J McGillivray and Mr N McLean.  

Abstentions
Mr R Gale, Ms K Stephen, Mrs C Wilson and Ms N Sinclair.

It was therefore AGREED that Mr R Bremner should be appointed to the Planning Review Body. 

8. Question Time   
Am Ceiste

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

(i)    Mr A Jarvie

To the Leader of the Council

“What are the details of the engagements your Administration have had with Her Majesty’s Government and the Devolved Scottish Administration since the last full Council?”

The response had been circulated.

In terms of a supplementary question, Mr Jarvie queried as to whether the Leader could seek clarification from the Scottish Government as to why SNP MPs had not supported the proposal for an additional runway at Heathrow Airport in the recent vote at Westminster in view of the potential benefits for the Highland area and economy.

In response, the Leader confirmed that a letter would be sent to Ian Blackford MP to express disappointment at this situation.

(ii)   Mr S Mackie

To the Chair of the Environment, Development & Infrastructure Committee

“Given the rise in vandalism of Council owned play equipment in the Thurso and Northwest Caithness Ward, what measures are open to the Council in protecting its assets from mindless vandalism and ensuring that ratepayers are not liable for the cost of replacing and repairing play equipment?”

The response had been circulated.

In terms of a supplementary question, Mr Mackie queried as to whether the Leader would agree to meet with himself, Police Scotland and Community Groups with a view to considering measures which could be taken for the reinstatement of play equipment in the Thurso and Northwest Caithness Ward.    

In response, the Chair of the Environment, Development & Infrastructure Committee confirmed that this would be arranged as requested.

(iii)  Mr D MacLeod

To the Leader of the Council

“Can you let me have an update on your efforts to persuade the Government/Treasury to reduce the principal and/or greatly re-schedule the interest payments on the £200m legacy borrowing incurred whilst providing the infrastructure which supported the oil industry during the 1970’s and 1980’s?

It should be noted in this context that Government Revenues from Oil & Gas production totalled $470 billion between 1970 - 2014 and much of this Production was extracted from structures built at Nigg and Ardersier, many of which are still operating today”.

The response had been circulated.

In terms of a supplementary question, Mr MacLeod queried as to whether it would be possible to form a Working Group to allow consideration and research into a substantial business case for submission to the Treasury in relation to reducing the principal and/or greatly re-scheduling the interest payments on the £200m legacy borrowing.  

In response, the Leader confirmed that this was now a political issue but that further discussion would be undertaken with Ian Blackford MP and with others on an individual basis thereafter as appropriate.

(iv)   Ms M Smith

To the Leader of the Council

“The Administration has spoken widely in the press and this Chamber about being in favour of a Transient Visitor Levy (Tourist Tax). Given the express need for income to this Council to protect public services from further cuts, will the Administration kick start this by giving a directive to one of its Working Groups or Boards to take this forward immediately, thereby instructing Officers to prepare a business case on different options for a Transient Visitor Levy?”

The response had been circulated.

In terms of a supplementary question, Ms Smith queried as to whether a Special Meeting of the Tourism Working Group could be arranged at an early date to allow consideration of a business case on different options for a transient visitor levy. 

In response, the Leader confirmed that this would be arranged as requested.

(v)    Mr R MacWilliam

To the Leader of the Council

“What progress has been made in setting up the Highland Council Capital Board which was agreed at full Council?”

The response had been circulated.

In terms of a supplementary question, Mr MacWilliam queried as to whether detailed financial information could be provided for Members in relation to investment in the School Estate.

In response, the Leader confirmed that this information had already been provided.

(vi)   Mr A Graham

To the Leader of the Council

"Could you provide an update on the rollout of fibre broadband in the Highlands, with particular reference to (a) progress in landward areas and (b) progress in “not-spots” in City of Inverness and other urban areas, and on what the Council is doing to further progress matters?"

The response had been circulated.

In terms of a supplementary question, Mr Graham queried as to whether, given the chaotic situation and the continuing major issues with broadband installation, the wide-ranging problems experienced by broadband subscribers and the difficulties the public faced in in obtaining information, consideration could be given to setting up a "One-Stop-Shop" website for Highland residents to access information about broadband provision and service, possibly funded by the City Deal.

In response, the Leader confirmed that this would be considered as requested and also that a Seminar would be arranged.

(vii)  Mr K Gowans

To the Leader of the Council

“On 30th October 2014 the Council agreed the policy Appointments to major external bodies and arms’ length organisations. The policy, as agreed, is without limit of time and can only be revoked or amended by a decision taken at full Council by all Members. Officers have confirmed there have been no formal meetings of any Members, at any time, to amend this policy and no other mechanisms exist that would allow the policy to be changed, other than with the agreement by Members at full Council. Consequently, the conclusion must be that the policy as agreed on October 2014 remains in place, therefore appointments to all outside organisations cited in the policy document must be made in accordance with the current policy. The policy also recommends that appointments to other external organisations should be made in accordance with the policy.

At the last meeting of the full Council, the Convener stated in the Chamber "there is no appointments panel, that was in the previous Council and it was not taken forward into this Council”.

If the Leader of the Council agrees with the Convener's statement above, can the Leader provide Members with details of the meeting, including minutes, of any meeting where a decision to depart from the policy in question Highland Council policy was taken behind closed doors, or if no such meeting has taken place, does the Leader agree that the policy should have been followed?”

The response had been circulated.

In terms of a supplementary question, Mr Gowans queried as to whether the Leader would agree to consider the re-establishment of the Appointments Panel in relation to External Bodies and Arms-Length Organisations.

In response, the Leader confirmed that this Panel had not been re-established at the start of the new term of the Council and that no further consideration would be given to the issue.   

9. Notices of Motion
Brathan Gluasaid

It was NOTED that, in line with Standing Order 17.2, the Convener had accepted the following additional Notice of Motion as Urgent Business –

“Council notes with concern that the Scottish Government has underspent its Budget in 2017/18 by £453 million. This impacts all residents in Scotland. The Highland Council calls for this to be released immediately to Local Councils in line with the accepted and previously used grant distribution formula. This would equate to an additional £21.345 million for the Highland Council.

Council calls upon all Highland MSPs to publicly support our call for our share of this funding which will allow the Council to maintain services, mitigate and re-phase some of the Budget decisions previously scheduled for later on this year.”

Signed: Mr A Christie, Mr A MacKinnon, Mr A Baxter, Mr A Henderson, Mrs D MacKay, Mrs M Davidson, Mr J Gray  
 
During discussion, Members raised the following issues:-

• if the Scottish Government’s underspend was reallocated, the Council’s share would equate to twice the amount of the savings made earlier in the year. This would help to protect services under threat and avoid the need to make further difficult choices in future;
• in these times of financial austerity, it was suggested that the level of the Scottish Government underspend was irresponsible, especially when services and jobs had been cut. Also, over recent years, the reduction in Local Government finance had meant a reduction of £172 per person in the Highland area;
• any additional funding for the Council could enable real progress to be made in repairing roads;
• it was hoped that Highland MSPs would show solidarity and, regardless of political party, seek reallocation of the underspend for the good of the Highland area. There were examples, particularly surrounding the school estate, where this collective approach had already been of benefit;
• a Highland MSP had recently been appointed as Minister for Public Finance and Digital Economy and this was welcomed, given that it would allow greater understanding of the difficulties which Local Councils were facing;
• there were instances where previous Scottish Government Administrations had returned surpluses to the Westminster Government;
• the Scottish Government had already indicated how it intended to utilise this surplus. There would be many other calls for this money and it was ingenuous to think that it could all be used to fund Local Government;
• the reallocation of the surplus would provide only be a short term solution covering a one year period;
• if there were calls for the Scottish Government to spend its reserves, there was an argument that the Highland Council should do likewise; and
• the Scottish Government was unable to run a deficit and elsewhere the building up of reserves would be seen as sound financial management.

Thereafter, Mr A Christie, seconded by Mr A Mackinnon, MOVED the terms of the Notice of Motion as detailed.

As an AMENDMENT, Dr I Cockburn, seconded by Ms M Smith, moved that the Notice of Motion should not be supported.
On a vote being taken, the MOTION received 45 votes and the AMENDMENT received 20 votes, with no abstentions, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr G Adam, Mr R Balfour, Mrs J Barclay, Mr A Baxter, Mr J Bruce, Mrs C Caddick, Miss J Campbell, Mrs B Campbell, Mrs H Carmichael, Mr A Christie, Mr G Cruickshank, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr L Fraser, Mr R Gale, Mr A Graham, Mr T Heggie, Mr A Henderson, Mr A Jarvie, Mr B Lobban, Mr R MacDonald, Mrs D Mackay, Mr D Mackay, Mr W Mackay (via VC), Mrs I MacKenzie, Mr S Mackie, Mr A Mackinnon, Mr D MacLeod, Mr D Macpherson, Mrs B McAllister, Mr J McGillivray (via VC), Mr H Morrison, Ms L Munro, Mrs M Paterson, Mr I Ramon, Mr M Reiss, Mr A Rhind, Mr D Rixson, Mrs F Robertson, Mr G Ross, Mr A Sinclair, Ms N Sinclair (via VC), Mr B Thomson and Mrs C Wilson.

For the Amendment:
Mr B Allan, Mr B Boyd, Mr R Bremner (via VC), Mrs G Campbell-Sinclair, Dr I Cockburn, Mrs M Cockburn, Ms K Currie, Mr K Gowans, Mrs P Hadley, Ms E Knox, Mr R Laird, Mr D Louden, Mrs L MacDonald, Mr G MacKenzie, Mr C MacLeod, Mr R MacWilliam, Mr N McLean (via VC), Ms P Munro, Mr K Rosie and Ms M Smith.

Decision

The Council AGREED the terms of the Notice of Motion as detailed.
 
The following Notices of Motion had been received in accordance with Standing Order 10.1 –

Declaration of Interest – Mr K Rosie declared a non-financial interest in the following item 9(i) as a Trustee of the John O’Groats to Inverness Trail but, having applied the test as outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not prevent him from taking part in the discussion.

(i) ‘Highland Council recognises the contribution that walking tourism can make to our rural landscape and local economy and congratulates Jay Wilson and the Friends of the John O’Groats Trail for literally blazing a path from Inverness to John O’Groats.

Recognising that over 90% of the Trail’s bridges and stiles have already been built through an outpouring of local voluntary work, the Highland Council pledges to offer its full support to the initiative by designating the Trail as a ‘core path’ and helping to promote it to visitors from home and abroad.’

Signed: Ms N Sinclair, Mr M Reiss, Mr K Rosie

Prior to discussion, and in light of a resource implication which had been highlighted, it was noted that the signatories to this Notice of Motion had now amended the last paragraph to read as follows:-

‘Recognising that over 90% of the Trail’s bridges and stiles have already been built through an outpouring of local voluntary work, the Highland Council pledges to offer its full support to the initiative by designating suitable parts of the Trail as a core paths and flexibly adding to that core path network as stretches of the Trail continue to improve. No stretches of the Trail will be deleted without prior discussion with local Elected Members’.

During discussion, Members raised the following issues:-

• it should be noted that, with support from the local Estate and the Beatrice Fund, volunteers had built a bridge over the Ousedale burn over two weekends in March, thus improving the access of this stage from Red to Amber status;
• tribute was paid to Jay Wilson whose drive and enthusiasm had been fundamental in taking forward improvements to the John O’Groats Trail;
• walking tourism was important and the development of the Trail encouraged visitors to stay longer in the area, allowing the rugged nature of the north landscape to be celebrated. Although still in its infancy, interest in the Trail was growing;
• the Trail represented a community sustainable initiative which had also generated a number of other groups, thus amplifying the benefits;
• there was still concern amongst some landowners in regard to the negative impact the Trail could have so it was important that these fears were addressed; 
• the main objective was to have the entire Inverness to John O’Groats Trail designated as a Core Path Network; and
• following confirmation that the last sentence of the amended last paragraph could not be implemented as the Council had no locus in this respect, it was suggested that this should be removed.

Decision

The Council AGREED the following amended Notice of Motion:–

‘Highland Council recognises the contribution that walking tourism can make to our rural landscape and local economy and congratulates Jay Wilson and the Friends of the John O’Groats Trail for literally blazing a path from Inverness to John O’Groats.

Recognising that over 90% of the Trail’s bridges and stiles have already been built through an outpouring of local voluntary work, the Highland Council pledges to offer its full support to the initiative by designating suitable parts of the Trail as core paths and flexibly adding to that core path network as stretches of the Trail continue to improve.’

(ii) ‘The Highland Council agrees to reinstate ‘NO OVERNIGHT PARKING’ signs at all Viewpoints/Car Parks throughout the region. This is aimed at preventing ‘wild camping’, particularly by Campervans, with the associated littering.

Staying overnight in a layby does not contribute to our rural economy and there are many high quality established campsites where all the requisite facilities are already provided.’  

Signed: Mr D MacLeod, Mr S Mackie

During discussion, Members raised the following issues:-

• the Highland area had significantly benefitted from the popularity of the North Coast 500 but many communities and businesses were frustrated at the increase in “wild” camping, often in close proximity to formal camp sites, and the associated littering and fouling that was left behind. The introduction of “No Overnight Parking” signs would go some way to alleviate this situation;
• a cleaner environment would attract more tourists, money and investment;
• work had already commenced at Local Committees to review the policy of overnight parking for vehicles and it was suggested that this could include the potential future use of traffic orders if and when necessary;
• “wild” camping could be discouraged through the Visit Scotland website and Tourist information Centres with tourists being redirected to the many excellent camp sites in the area;
• the rules/guidance on “No Overnight Parking” signs was unclear and, given the current financial climate, it was important to be risk adverse; and
• prior to the commitment of any resources on this issue, a Briefing Paper was sought, from the Head of Corporate Governance, to a future meeting to allow further consideration/discussion at that time.

  
Decision

The Council AGREED to DEFER the above Notice of Motion - on the basis that a Briefing Paper on this issue would be prepared by the Head of Corporate Governance prior to any further discussion/consideration.

(iii) ‘This Council welcomes the installation of the Rt Rev Susan Brown, Minister for the Dornoch Cathedral, as new the Moderator of The Church of Scotland.

Assuming the role as the leader of one of the nation’s oldest and most influential institutions, this Council congratulates her and wishes her the best in working with people of all faiths and none for the benefit of our communities.’

Signed: Mr S Mackie, Mr T Heggie, Ms K Stephen

During discussion, Members raised the following issues:-

• the Church of Scotland had deep roots in communities and was proactive in addressing various social issues. Having someone from the Highland area at its head was important and was to be welcomed;
• as localism developed it was important that the Council worked with organisations such as the Church of Scotland to ensure resilient communities;
• tribute was paid to the work carried out by the Rt Rev Brown and for the manner in which it had been done;
• congratulations were also extended to Robin Downie, Applecross, Lochcarron and Torridon Church of Scotland who had been appointed Moderator of the National Youth Assembly.  In addition, Rev Angus MacRae, Dingwall and Strathpeffer Free Church had been appointed Moderator of The Free Church of Scotland and reference was made to his extensive work with various community groups; and
• it was suggested that the first paragraph of the Notice of Motion should be amended to include reference to the ‘General Assembly of’ the Church of Scotland.  

Decision

The Council AGREED the following amended Notice of Motion:-

‘This Council welcomes the installation of the Rt Rev Susan Brown, Minister for the Dornoch Cathedral, as new the Moderator of the General Assembly of the Church of Scotland.

Assuming the role as the leader of one of the nation’s oldest and most influential institutions, this Council congratulates her and wishes her the best in working with people of all faiths and none for the benefit of our communities.’

(iv) Senior Management Review –
 
‘This Council notes the retirement announcement of the Director or Care and Learning and records thanks for his years of public service.

However, it would be a missed opportunity to not review our most senior management posts.
 
It is therefore agreed that a full review is conducted into what kind of Director level management this Council needs and where it is best for responsibility and management to lie. At the heart of this will be efficiency – either through deletion of post(s) or separating responsibilities for better service efficiency. If it is a feasible outcome from such a review, this could provide us the possibility of removing or changing a post without facing significant redundancy costs.’

Signed: Mr A Jarvie, Mr P Saggers, Mr J Bruce, Mr D MacKay

Decision

Following confirmation from the signatories, the Council AGREED to WITHDRAW the above Notice of Motion.

(v) Kildonan Station -

‘This Council is concerned by proposals to close the Kildonan station in Sutherland.

The Far North Line provides a vital link between Caithness, Sutherland, Ross-shire and the Highland Capital and role of rural stations are vitally important to ensuring that the line is as accessible to as many residents, visitors and the business community as possible.

Recent announcements concerning the introduction of Network Rail barriers at the stations crossing and the piloting of electronic flagging at request stops are welcome announcements that will positively affect both the journey time and experience for rail users.

The Council requests that the Leader write to HiTrans and the Transport Minister to urge very careful consideration of any proposals that compromise the accessibility of the railway for rural users and would urge all options to be considered to reduce travel times on the Far North Line.’

Signed: Mr S Mackie, Mr R Gale

During discussion, Members raised the following issues:-

• the Far North Line was in essence a life-line. It undoubtedly had flaws, including the journey time, but progress had already been taken to improve connectivity. Closing Kildonan Station would only save 4 minutes on an overall average journey time of 3 hours 50 minutes so retaining it was unlikely to have a detrimental effect on customer satisfaction or numbers;
• the Station was a core part of the community. It was located in a remote and rural area and steps should be taken to promote it, especially bearing in mind the huge growth in tourism in Sutherland;
• the Council should support the local community in its opposition of what was deemed a short sighted and misguided proposal; and
• reference was made to the HiTrans paper “Midnight Train to Georgemas” which explored the possibility of an overnight train from Thurso to Edinburgh, via Aberdeen. If this was to succeed, it would be important to have as many Stations open as possible.

Decision

The Council AGREED the terms of the Notice of Motion as detailed.

Declarations of Interest –

Mr A Baxter declared a financial interest in the following item 9(vi) as the owner of a Post Office and left the Chamber during discussion of the item.

Mr A Graham declared a non-financial interest on the basis that a family member was employed by the Royal Bank of Scotland but, having applied the test as outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude him from taking part in the discussion.   

(vi) ‘In view of Royal Bank of Scotland’s continued determination to close Highland branches and cause problems particularly with tourism, small businesses and the many people in our communities that do not have or wish to access online services, we believe Highland Council now needs to take initiative where we can.

We ask the Council to agree that the Depute Chief Executive/Director of Corporate Resources investigate how we can initiate and revive any agreements we have with other banks and also investigate how we can support the work of the Post Office and the banking services they provide.’

Signed: Mrs M Davidson, Mr B Lobban

During discussion, Members raised the following issues:-

• it was regretted that, despite many approaches to the Royal Bank of Scotland to ask them to reconsider, they had continued to close branches with the Tain branch having closed in the previous week. In this respect, tribute was paid to the Tain RBS staff who had been instrumental in supporting many local businesses;
• branch closures were regrettable as many older people were reluctant and sometimes unable to use internet banking for a variety of reasons;
• there was a need to encourage and support communities in their efforts to keep banks open in their respective areas;
• it should be noted that the Council had a network of buildings in the Highland area which could potentially be used by banks; and
• the proposed use of Post Offices in the Highland area had many limitations, not least in respect of heavy cash businesses such as tourism. 

Decision

The Council AGREED the terms of the Notice of Motion as detailed.

(At this point, Mr A Baxter returned to the Chamber)

(vii) End to Free Lunches –

‘The Council agrees to end the routine provision of free lunches to Members on Committee days and agrees that a business case be prepared by Officers on the creation of a larger canteen for the use of Members and staff.’

Signed: Ms M Smith, Mr R Laird

During discussion, Members raised the following issues:-

• changing the layout of the current Members’ lounge would make it possible to extend the kitchen and offer a commercial facility for both staff and Members;
• the current staff canteen was small and not in a good location, especially for those with mobility issues;
• there was a strong possibility that the proposal would generate income although Members could still choose to claim the cost of their lunches. In this respect, a previous voluntary scheme for claiming for Members’ lunches had been attempted but with limited success;
• it had to be highlighted that Members needed to be aware of the perception of having a ‘sense of entitlement’ and being ‘treated differently’ from staff who, when working remotely, were unable to claim lunch expenses;
• the proposal would require investment but it was suggested that this could be viewed as a ‘spend to save’ project;
• as an alternative to the Notice of Motion, it was suggested that the Redesign Board could examine this proposal and report back to the Council on the best way forward in terms of providing catering for Members in the future; and
• an alternative view was that the provision of lunches for Members allowed them to make the most efficient use of time on Committee/Council days when time was limited.

 
Thereafter, Ms M Smith, seconded by Mr R Laird, MOVED the terms of the Notice of Motion as detailed.

As an AMENDMENT, Mr B Lobban, seconded by Mr G Cruickshank, moved that the Redesign Board should carry out a comprehensive review of the provision of catering for Members in all Council premises where meetings involving Members were held and that a recommendation be brought forward for consideration at a future meeting of the Council.
On a vote being taken, the MOTION received 26 votes and the AMENDMENT received 37 votes, with no abstentions, and the AMENDEMENT was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr B Allan, Mr A Baxter, Mr B Boyd, Mr R Bremner (via VC), Miss J Campbell, Mrs G Campbell-Sinclair, Dr I Cockburn, Mrs M Cockburn, Mr A Christie, Ms K Currie, Mr K Gowans, Mrs P Hadley, Ms E Knox, Mr R Laird, Mr D Louden, Mrs L MacDonald, Mr G MacKenzie, Mr C MacLeod, Mr R MacWilliam, Mr N McLean (via VC), Ms P Munro, Mrs M Paterson, Mr K Rosie, Ms N Sinclair (via VC), Mr B Thomson and Ms M Smith.

For the Amendment:
Mr G Adam, Mr R Balfour, Mrs J Barclay, Mr J Bruce, Mrs C Caddick, Mrs B Campbell, Mrs H Carmichael, Mr G Cruickshank, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr L Fraser, Mr R Gale, Mr A Graham, Mr T Heggie, Mr A Henderson, Mr A Jarvie, Mr B Lobban, Mr R MacDonald, Mrs D Mackay, Mr D Mackay, Mrs I MacKenzie, Mr S Mackie, Mr A Mackinnon, Mr D MacLeod, Mr D Macpherson, Mrs B McAllister, Mr J McGillivray (via VC), Mr H Morrison, Ms L Munro, Mr I Ramon, Mr M Reiss, Mr D Rixson, Mrs F Robertson, Mr G Ross, Mr A Sinclair and Mrs C Wilson.

Decision

It was AGREED that the Redesign Board should carry out a comprehensive review of the provision of catering for Members in all Council premises where meetings involving Members were held and that a recommendation be brought forward for consideration at a future meeting of the Council.

(viii) Gypsy Traveller Sites -

‘The Local Authority has a duty to provide adequate facilities for Gypsy Travellers who arrive in Highland on their travels.  Currently, there are limited parking sites allocated in Highland, all of which are south of the Cromarty Bridge.

It is in the interests of Gypsy Travellers and the wider public that the Council provides parking areas, as well as sanitary disposal facilities, in the north of Highland going forward.  In the absence of these, Gypsy Travellers have no choice but to discover their own locations which are often at odds with local opinion and can lead to disputes.  This is not what the Council wants for its travelling community or Highland communities.

The Council calls upon its Officers to prepare a business case, in conjunction and consultation with the Gypsy Traveller community, to look at how best they and the public can be served by providing parking and stopover facilities in the future.  This may not happen immediately due to lack of funding but can go into a future programme, looking for matched funding elsewhere.’

Signed: Ms M Smith, Mrs P Munro

During discussion, Members raised the following issues:-

• gypsy travellers were part of Scotland’s diverse culture and yet were often poorly served in terms of the provision of facilities;
• an instance of gypsy travellers using an unofficial site was highlighted and this had caused upset with the local community. From discussion with the travellers themselves, it was evident that using unofficial sites was often their only option and they had indicated that if facilities were available they would use them instead;
• the negative issues arising from using unofficial sites resulted in gypsy travellers feeling alienated; and
• in order that work could commence as and when grants became available, it was proposed that a business case be prepared with a subsequent report back to the Care, Learning and Housing Committee in Autumn 2018.  In this regard, the signatories to the Notice of Motion agreed that the last paragraph of the Motion should be amended to reflect this suggestion.

Decision

The Council AGREED the following amended Notice of Motion:-

‘The Local Authority has a duty to provide adequate facilities for Gypsy Travellers who arrive in Highland on their travels.  Currently, there are 4 sites in Highland, all of which are south of the Cromarty Bridge.

It is in the interests of Gypsy Travellers and the wider public that the Council provides parking areas, as well as sanitary disposal facilities, in the north of Highland going forward.  In the absence of these, Gypsy Travellers have no choice but to discover their own locations which are often at odds with local opinion and can lead to disputes.  This is not what the Council wants for its travelling community or Highland communities.

The last needs assessment for Gypsy Travellers was completed in 2014 so it is recognised that there is a necessity to look at a new Needs Assessment as soon as possible. The Council therefore agrees to commence this process with immediate effect and bring back an initial report to a Care, Learning and Housing Committee meeting in the Autumn.’

(ix) Highland Brexit Summit -

‘Highland Council notes with dismay the UK Government’s disregard for the will of the Scottish Parliament, including the unanimous votes of Labour, Liberal Democrat, Green and SNP MSPs, to withhold consent for the EU Withdrawal Bill; remembers that the Highland electorate voted to remain in the EU in 2016 in common with every Scottish Local Authority area; believes that Highland economic prospects are likely to be considerably harmed as a result of Brexit; therefore calls on the Council Administration to host a cross-party Highland Brexit Summit in advance of the EU withdrawal date of 29 March 2019 involving Highland Councillors, Community Council representatives, MPs, MSPs, relevant Scottish and UK Ministers, relevant public sector agencies including HIE and NHS Highland; and resolves to seek agreement on a Highland specific plan to mitigate against Brexit-related harm and to promote Highland interests at all levels of government.’

Signed: Mr R MacWilliam, Ms K Currie

During discussion, Members raised the following issues:-

• given that there were no guarantees that the investment support which was currently received from the EU would be replicated, it was important to consider the possible consequences as soon as possible in order to ensure that the sustained economic growth in the Highlands was not lost;
• it was unacceptable that EU nationals in Highland would need to answer questions and to pay to apply for “settled status”, especially when the area already had difficulties in retaining its population. If an economy was to grow, it was important to attract people to the area and many of those people were likely to be EU nationals;
• there was a disproportionate elderly population in Highland and there needed to be a workforce to deal with this situation;
• when considering measures to be taken, it was vital to engage and consult with communities who would be most affected by the Brexit situation on a day-to-day basis in the future;
• the major issues were inward investment, demographics, labour supply, inward migration, population retention and growth, future support arrangements for key sectors and the replacement of funding for ESF and ERDF;
• the key sectors affected would be food and drink, marine sciences, life sciences, agriculture, aquaculture, fishing, tourism, further and higher education, transport, local government and health energy;
• the proposed summit would benefit from hearing the informed and objective opinions from representatives from key sectors in order to identify the major risks. As such, there had to be a collective effort and in this respect it was suggested that a cross-party group should be formed to consider the make-up, balance and arrangements for the event;
• the impact of Brexit would not be exclusively negative and it had to be noted that there could also be new opportunities available. In order to take advantage of any new situations, it was imperative that a neutral and balanced approach was maintained; and
• it was hoped that any new arrangements would help regeneration to be undertaken primarily at a local level.

Thereafter, Mr R MacWilliam, seconded by Ms K Currie, MOVED the terms of the Notice of Motion as detailed - with the addition of the suggestion to set up a cross-party Group to take forward the proposal.

As an AMENDMENT, Mr A Jarvie, seconded by Mr S Mackie, moved that the Council should note the challenges and possible opportunities that would come with Brexit but recognise the significant work required and therefore called on the Council Administration to host a cross-party Highland Brexit Summit in advance of the EU withdrawal date of 29 March 2019, involving Highland Councillors, Community Council representatives, MPs, MSPs, relevant Scottish and UK Ministers, relevant public sector agencies (including HIE and NHS Highland) and resolve to seek agreement on a Highland specific plan to realise opportunities and mitigate against negative impacts of Brexit in order to promote Highland interests at all levels of Government and immediately set up a cross-party group to take forward this proposal.

On a vote being taken, the MOTION received 30 votes and the AMENDMENT received 24 votes, with 6 abstentions, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr B Allan, Mr A Baxter, Mr B Boyd, Mr R Bremner (via VC), Mrs C Caddick,  Miss J Campbell, Mrs G Campbell-Sinclair, Mr A Christie, Dr I Cockburn, Mrs M Cockburn, Mr K Gowans, Mr A Graham, Mrs P Hadley, Ms E Knox, Mr R Laird, Mr D Louden, Mrs L MacDonald, Mrs D Mackay, Mr G MacKenzie, Mr A Mackinnon, Mr C MacLeod, Mr R MacWilliam, Mrs B McAllister, Mrs A MacLean, Ms L Munro, Ms P Munro, Mrs M Paterson, Mr K Rosie, Mr G Ross and Ms M Smith.

For the Amendment:
Mr G Adam, Mr R Balfour, Mrs J Barclay, Mr J Bruce, Mrs B Campbell, Mr G Cruickshank, Mrs M Davidson, Mr R Gale, Mr T Heggie, Mr A Jarvie, Mr B Lobban, Mr R MacDonald, Mr D Mackay, Mrs I MacKenzie, Mr S Mackie, Mr D MacLeod, Mr D Macpherson, Mr I Ramon, Mr D Rixson, Mrs F Robertson, Mr A Sinclair, Ms N Sinclair (via VC),  Mr B Thomson and Mrs C Wilson.

Abstentions:
Mrs H Carmichael, Mr J Finlayson, Mr M Finlayson, Mr L Fraser, Mr A Henderson and Mr H Morrison.

Decision

The Council AGREED the terms of the Notice of Motion as detailed – on the basis that a cross-party Group would be set up to take forward the proposal.   

10. Police Scrutiny
Sgrùdadh Poileis

(a) Performance against Highland Local Policing Plan 2017-20       

There had been circulated Report No. HC/16/18 dated 14 June 2018 by the Chief Superintendent, Highland and Island Divisional Commander, Police Scotland, which provided details of the local performance report from Police Scotland against the Highland Policing Plan Objectives – April 2017 to March 2018.

During discussion, Members raised the following issues:-

• the information which had been supplied was welcomed, particularly in terms of responding to issues previously raised by Members; 
• it was felt that this was contributing to a return to ‘local policing’, with a consequent positive response from the public, and this again was welcomed;
• it was noted that more cases of drink/driving had been reported and that additional checks on vehicles were being undertaken on a regular basis;
• the positive response to issues raised in regard to the A82 road had helped to restore confidence in the local policing plan;
• there was still concern about the movement of heavy loads across the Highland area;
• the work in supporting the Syrian refugees in the area was greatly appreciated;
• there had been increased attendance at Community Council meetings and this was appreciated;
• increased input in issues in relation to licensing, particularly in the current year, had been extremely helpful;
• there was a need to identify the reasons behind the increase in the shoplifting statistics;
• the increase in hate crimes and attacks was a concern and the public had to be helped and supported in reporting this type of crime;
• further information was required in relation to the future levels of community policing;
• the input in relation to the Community Planning Partnership and the use of social media was welcomed;
• there had been positive feedback on the cleaner, safer City Centre which was appreciated;
• further information was required on the reasons behind the stopping of traffic during the rush hour on the A9 recently for census purposes which had caused problems;
• there was still concern in relation to drug/driving offences and it was suggested that consideration should be given to roadside testing wherever possible; and
• it was hoped that there could be improvements to the current process for ‘101’ calls which were often the subject of significant delays.          

Decision

The Council NOTED the local performance report against the Highland Policing Plan Objectives – April 2017 to March 2018 – as circulated.

(b) Update on Call Handling

There had been circulated Report No. HC/17/18 by Chief Inspector, Mr D Ross, Police Scotland.

During discussion, reference was made to the extensive level of detail which had been provided and this was welcomed. The new processes would take time to become established but it appeared that there had been a low level of complaints from the public so far and that Officers had confirmed that the new procedures were currently working well.

There was still concern however in relation to the lack of local knowledge during ‘101’ calls which often led to delayed responses and a lack of confidence in callers to this number and it was hoped that this could be improved in future. 

Decision

The Council NOTED the information on call handling as circulated.   

11. Recruitment Process for Chief Executive                                                                                                             
Fastadh Àrd-Oifigear Ùr     

There had been circulated Report No. HC/18/18 dated 25 June 2018 by the Chief Executive.

During discussion, and following a request for clarification on why the proposed composition of the Appointments Panel was not based on political balance as had been the case in the past, it was confirmed that this proposal had been discussed by the Administration and it was felt that it represented inclusion of the necessary expertise of Senior Councillors for this appointment. However, if a request was being made for an additional Member to be included from the SNP Group (as the main Opposition Group within the Council), then it was felt that this could be accommodated.

In relation to the proposals that External Advisers should be used at a cost of £20k and that the salary should be set at a single point of £147,989, it was confirmed that advice had been sought and received from the Head of People & ICT and that both of these proposals were considered to be a good investment and good value for money for the Council in the long term.  

At this point, it was highlighted that this was a two-way process and as such it was important that the Council should follow current best practice in terms of recruitment to the post. In this regard, further details of assessment procedures for potential candidates would be discussed with Opposition Group Leaders in due course and this would include consideration of arranging meetings with candidates for any Member of the Council who wished to be involved at that stage of the process.       

Decision

The Council AGREED the Appointments Panel and recruitment process as detailed in Section 1 of the report – on the basis that an additional Member from the SNP Group would be added to the Panel.
It was also AGREED that administrative issues related to the recruitment should be delegated to the Appointments Panel, that External Advisers should be used in accordance with Sections 4.1 and 4.2 of the report and the extent of involvement should be approved by the Appointments Panel and not exceed £20k and that the salary should be a single point of £147,989.

12. Annual Accounts for the Year to 31 March 2018                            
Cunntasan Neo-sgrùdaichte

There had been circulated Report No. HC/19/18 dated 22 June by the Depute Chief Executive/Director of Corporate Resources.

During discussion, and in welcoming the new style of report which was very informative and ‘user friendly’, it was noted that further information would be provided in due course in relation to the total value of savings from vacancy management in the previous year, including other underspends associated with staff costs.

It was also noted that further information would be provided on figures regarding the investment in roads and bridges (£16.3m) and liabilities/borrowing (-£942.9m) which were contained within the report.     

Decision

Members AGREED the unaudited Annual Accounts for the Highland Council, Highland Charities Trust, Highland Charitable Trust and the Highland Council Pension Fund for the year ended 31 March 2018 and NOTED that these would be presented to the appointed auditor by the prescribed date of 30 June 2018. 

13. Multi-Year Revenue Budget Planning 2019/20 to 2021/22                                                                                                           
Dealbhadh Buidseit Ioma-Bhliadhna

There had been circulated Report No. HC/19/18 dated 18 June 2018 by the Depute Chief Executive/Director of Corporate Resources.

During discussion, Members raised the following issues:-

• it had to be recognised that there had had to be extensive budget reductions in recent years and not least in February when there had been a focus on protecting jobs by proposing potential income streams elsewhere, including the introduction of car parking charges in certain areas;
• it would be important for the budget decisions taken in February to be followed through as concerns had already been raised by Trade Unions in regard to the potential for redundancies if this was not the case;
• it was clear that a multi-year budget approach was the only feasible route forward for future years;
• clarification was required from the Administration in terms of why the expected replenishment of reserves had not yet happened;
• there had been a lack of consultation in relation to the proposed implementation of car parking charges and this had caused significant problems in some areas;
• there had to be an increased emphasis in future on the work of the Tourism and Commercial Boards in light of the potential income streams which could be achieved for the Council;
• it should be acknowledged that Local Government had had to suffer disproportionate funding reductions in recent years and this had caused severe problems for public services;
• work had to be undertaken over the next months and years on providing alternatives for services which might need to be reduced or ceased altogether as a result of the budget situation;
• any further reductions in funding could lead to cuts in staffing numbers and this had to be acknowledged;
• it would perhaps be appropriate to present budget monitoring reports to all full Council meetings in the lead up to the February budget meeting in 2019;
• the work of the Redesign Board could have a key role in the budget considerations over the coming months;
• the statistics which had been presented in relation to the 3 year budget gap from 2019/20 to 2021/22 were very concerning and placed a greater emphasis on identifying new income streams as an alternative to cuts to jobs and services; 
• an early indication of the budget timetable, together with budget monitoring reports, would be welcomed by all Members of the Council;
• it was imperative that there was a detailed rationale and considered process in place prior to any firm decisions being made to limit or cease services;
• it was noted that the current level of reserves was very low in comparison with previous years and this was a concern; and
• in relation to the overall budget strategy, there would be a draft programme in place within the next two months and all Members of the Council were encouraged to become involved in order to ensure that there was full input in all future decisions to be made in this regard.                   

Decision

Members NOTED the financial modelling assumptions and the scale of the financial challenge facing the Council over the next three years with a potential funding gap of between £34.1m and £124.9m.

Members also AGREED that proposals should be prepared for a multi-year budget for the period 2019/20 to 2021/22.