Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 13 December 2018 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

Stewart Fraser
Head of Corporate Governance 

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

Confirmation will follow in regard to the result of the By-Election for Ward 5 (Wester Ross, Strathpeffer and Lochalsh) which is to be held on Thursday, 6 December 2018.

4. Presentation on Adverse Childhood Experiences (ACE) – Director of Public Health                                                
Taisbeanadh mu Eòlasan Leanabachd Mì-fhàbharach – Stiùiriche Slàinte Phoblach

A Presentation will be undertaken at the meeting by Dr Van Woerden, Director of Public Health on the Annual Report for 2018.  In this connection, the Annual Report has been circulated separately and can be read in full at:- 

www.nhshighland.scot.nhs.uk/Publications/Documents/DPH-Annual-Report-2017_(web-version).pdf 

5. Adverse Childhood Experiences (ACE) Aware Council    
Eòlasan Leanabachd Mì-fhàbharach

There is circulated Report No HC/48/18 dated 5 December 2018 by the Interim Director of Care and Learning.

The Council is asked to note the report and the work currently undertaken by Highland Council Care and Learning Service and how this contributes to becoming an ACE-Aware Council.

6. Confirmation of Minutes     
Daingneachadh a’ Gheàrr-chunntais

There are submitted for confirmation as a correct record the Minutes of the Special Meeting of the Council held on 23 October and of the Meeting held on 25 October 2018 as contained in the Volume which has been circulated separately.

7. 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:-

Ross & Cromarty Committee, 1 November
*Lochaber Area Committee, 7 November 
Environment, Development & Infrastructure Committee, 8 November 
Badenoch & Strathspey Area Committee, 14 November
Sutherland County Committee, 15 November 
Caithness Committee, 20 November 
Corporate Resources Committee, 21 November
City of Inverness Area Committee, 22 November
Nairnshire Committee, 28 November    
Audit & Scrutiny Committee, 29 November
Isle of Skye and Raasay Committee, 3 December
Care, Learning & Housing Committee, 6 December    
     
8. 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 13 September 2018 (approved by the Board on 20 November 2018).

9. Health and Social Care Working Group                                                    
Buidheann-obrach Slàinte agus Cùraim Shòisealta

There will follow for approval Minutes of Meeting of the Health and Social Care Working Group held on 28 November 2018.  

10. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

Members are asked to note that confirmation will follow in regard to the new political make-up of the Council following the result of the By-Election for Ward 5 (Wester Ross, Strathpeffer and Lochalsh) and any changes necessary in regard to membership of Committees, etc.

Following the resignation of Mr A Baxter as the Chair of Care, Housing and Learning, the Administration will move that Mr J Finlayson should be appointed as Chair of the committee.

Members are also asked to note/agree the following – 

Care, Learning and Housing Committee – Mr R Bremner to replace Ms P Munro

Environment, Development and Infrastructure Committee – Mr K Rosie to replace Ms M Smith

South Planning Applications Committee (Sub – Ward 12) – Mrs H Carmichael to replace Ms E Knox

Highland Historic Buildings Trust - Mr A Henderson to replace Mrs M Paterson

NHS Highland Health and Social Care Committee - a nomination will be tabled for approval to replace Ms K Stephen          
       
11. COSLA Executive Board Membership
Ballrachd Bòrd-gnìomha COSLA

The Council is asked to agree the following revisions to the COSLA Executive Board membership:-

Health and Social Care Board – Mrs I Campbell to replace Ms K Stephen

Children & Young People Board – Mr J Finlayson to replace Mr A Baxter

Items 12 and 13 (below) will be considered at 2.00pm.

12. Question Time                                                                                            
Am Ceiste

The following Questions have been received by the Head of Corporate Governance:-

(i)    Mr J McGillivray

To the Leader of the Council 

“As reported to the Resources Committee the total outstanding debt at 31 March 2014 was £743,000,000 and the loan charges incurred over the year were £33,400,000. At 31 March 2018, as reported to the Corporate Resources Committee, the total outstanding debt was £1,080,000,000 (an increase of 45.35%) and the loan charges incurred over the year amounted to £36,000,000 (an increase of 9.09%).  It is clear that total debt has increased significantly over the last five years, and the corresponding low level of loan charges suggest capital repayments have been kept to a minimum.

Would the Leader of the Administration agree that this trend is deeply concerning on the grounds that:

(i)    these significant loan charges result in a top slicing of income by significant amounts that could otherwise be released for the benefit of the Highlands as a whole; 
(ii)   the accumulation of significant levels of debt will fall to future generations to repay; and 
(iii)  and what proposals are being considered to reduce the overall debt burden which Highland Council currently bears?”
The response is circulated 

Mr McGillivray will be entitled to ask a supplementary question which will be answered by the Leader.

(ii)   Mr A Jarvie

To the Leader of the Council 

“How exactly do you plan for the public views gathered through this consultation period to be incorporated into setting the budget next year?”

The response is circulated 

Mr Jarvie will be entitled to ask a supplementary question which will be answered by the Leader.

(iii)  Mr A Jarvie

To the Leader of the Council

“The Inner Moray Firth Local Development Plan marks out allocations IN43 and 50 for 401 houses. With planning permission routinely granting 25% over allocation, this will most likely be at least 500 houses. 

The Council's own methodology would predict 120 extra primary children for 400 houses, yet over 10 years the roll forecast for the affected schools shows a net increase of only 19 children. We risk having over 100 children who we have not been accounted for in schools which are already past 100% capacity. 

Why do the roll forecasts continually fall short of reality and how does the IMFLDP allocations not seem to match up with roll forecasts?”

The response is circulated 

Mr Jarvie will be entitled to ask a supplementary question which will be answered by the Leader.

(iv)   Mr K Gowans

To the Leader of the Council

“Over a period of several months several parents and parent councils have raised concerns regarding what they perceive as anomalies in their Flexible Childcare invoices and statements. Many of these reports cite instances where invoices/statements are issued many months in arrears and are very difficult to understand. Parents have also claimed that Highland Council customer service representatives do not appear to be familiar with the systems.

This has resulted in lack of confidence in the system amongst parents who are paying for the services and the number of overpaid by significant amounts but met with resistance when he tried to claim the overpayments back from Highland Council.

Do you feel that the Flexible Childcare accounting and reporting systems used by Highland Council are in need of an urgent review?”

The response is circulated 

Mr Gowans will be entitled to ask a supplementary question which will be answered by the Leader.

(v)    Mr K Gowans

To the Leader of the Council

“During the last Council, it was originally estimated that £43 million would be required to alleviate the unplanned roll pressures faced by the Inverness schools. Roll pressures that are largely due in part to inadequate analysis of demographics, unsustainable development, lack of infrastructure and inadequate levels of developer contributions, especially for education.
Approximately two years ago officers revealed to the Care, Learning and Housing Committee the original estimate of £43 million was unrealistic and was then estimated to be £200 million. Clearly, such an unexpected budget pressure impacts on all areas of Highland Council.

Inexplicably, no reports have been presented to either Full Council or Care Learning and Housing Committee, or the City of Inverness Area Committee on this substantive issue for well over a year.  Yet Inverness Members have been invited to attend private Members’ briefings to advise them of the measures proposed to mitigate these roll pressures.

Given the time lapse, inflation, interest rate increases etc., and the absence of reporting to Members, can you advise all Members of this Council if this figure of £200 million has been reviewed since it was last reported to the Council and if so, what is the new figure?”

The response is circulated 

Mr Gowans will be entitled to ask a supplementary question which will be answered by the Leader.

(vi)   Mr D Louden

To the Chair of Corporate Resources Committee

“Now that there has been an announcement of £1bn for the Scottish Futures Trust, could the Chair of Corporate Resources, guarantee that the Council will progress the preparation of “shovel ready” projects timeously to enable us to bid into the new fund?” 

The response is circulated  

Mr Louden will be entitled to ask a supplementary question which will be answered by the Chair of Corporate Resources Committee.

(vii)  Mr D Louden

To Chair of Environment, Development and Infrastructure Committee

“What steps has the Council taken to ensure that fish landed at our harbours will have the correct paperwork for ease of access to the continent after Brexit?”

The response is circulated

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

(viii) Mr D MacLeod

To the Leader of the Council

"What was the outcome of her talks held with the Transport Minister, Mr Michael Matheson, on 29 November 2018 to discuss a permanent solution to the Stromeferry Bypass issue? And to ask what specific measures both the Scottish Government and the Highland Council have agreed to pursue in respect of finding a permanent solution following these talks?" 

The response is circulated 

Mr MacLeod will be entitled to ask a supplementary question which will be answered by the Leader.

(ix)   Ms M Smith

To Chair of Environment, Development and Infrastructure Committee

“There are proposals in Ross and Cromarty to charge for some car parking in different areas. This is on the premise that the relevant community will receive a large percentage of the income generated from the car park charges.  This was agreed in a previous committee and now needs to be confirmed as to the exact percentage split.  Please provide me with the figure that the Administration is proposing?”

The response is circulated 

Ms Smith will be entitled to ask a supplementary question which will be answered by the Chair of Environment, Development and Infrastructure Committee.

(x)    Ms M Smith 

To the Chair of Corporate Resources Committee

“Could I have a list of the vacancies the Council currently holds with an indication of the length of time they have been vacant?”

The response is circulated 

Ms Smith will be entitled to ask a supplementary question which will be answered by the Chair of Corporate Resources Committee.

(xi)   Mr R MacWilliam

To the Leader of the Council

“Has the Leader had a reply to her letter to Scottish Ministers on the completion date of the £3billion A9 dualling project?”

The response is circulated 

Mr MacWilliam will be entitled to ask a supplementary question which will be answered by the Leader.

(xii)  Mr R MacWilliam

To the Leader of the Council

“Does the Leader anticipate maximising the Highland Council allocation of Scottish Government affordable housing programme funds for 2018/19?”  

The response is circulated 

Mr MacWilliam will be entitled to ask a supplementary question which will be answered by the Leader.

(xiii) Ms P Munro

To the Leader of the Council

“It is noted that the current waiting list for school age children to be referred to Child and Adolescent Mental Health Services (CAMHS) is now in the region of two years.  It is crucial that our vulnerable young people are able to get a diagnosis at the earliest opportunity. Therefore, can I please have assurances that the Leader will immediately address the unacceptable delays for referrals to this and other mental health services within our school system?”

The response is circulated 

Ms Munro will be entitled to ask a supplementary question which will be answered by the Leader.

13. Notices of Motion      
Brathan Gluasaid

The following Notices of Motion have been received in accordance with Standing Order 12:-

(i)    Regional Workforce Recruitment Strategy: Highland Council recognises that the Highland economy and public services are reliant on inward migration for recruitment; proposes the formation of a joint working group with HIE, NHS Highland and representatives of Highland industry to develop a regional workforce recruitment strategy to avert a crisis in recruitment in the event of ending free movement for EU nationals as a result of Brexit. 

Signed: Mr R MacWilliam          Mrs M Cockburn

(ii)   ACE Aware Child Bereavement Services: That Highland Council recognises that childhood bereavement is an adverse childhood experience (ACE); notes with alarm that 67% of school exclusions are attributable to young people who have lost a parent or sibling and that research suggests multiple poor outcomes in later life for bereaved children; believes that Highland Council as an ‘ACE-aware’ Council has a duty to engage with all support services to improve outcomes for all children, and will prioritise bereavement services for children as part of a wider review of service improvements for those who have suffered bereavement. 

Signed: Mr R MacWilliam          Ms K Currie          

(iii)  Highland Council supports proposals currently being developed by NHS Highland and local stakeholders to ensure refurbishment and redesign of Caithness General Hospital and the creation of health care hubs in Wick and Thurso, recognising that these measures retain existing local services whilst offering a sustainable model to further develop and enhance local provision. Caithness Members will continue to work with NHS Highland and stakeholders to provide more local clinics, reduce unnecessary travel and address ongoing concerns regarding maternity services.

Signed: Mr K Rosie     Mr Raymond Bremner   Ms N Sinclair    Mr M Reiss

(iv)   Highland Council will seek to identify and address local and regional transport needs to enable input on the national transport strategy. 

Signed: Mr K Rosie          Mr R Bremner
                                     
14. Annual Review of The Council Programme    
Prògram na Comhairle

There is circulated Report No. HC/49/18 dated 1 December 2018 by the Chief Executive.

The Council is asked to agree:-

i.    the revised commitments under the six priority themes at Appendix 1 (copy to follow) to the report; 
ii.   the development of the Corporate Plan with key outcomes linked to robust target setting to be submitted to Council for Members’ approval in the New Year; and
iii.  a two day all-Member seminar to be held in January 2019.

15. Your Voice: Budget Engagement and Financial Update    
Cunntas às Ùr mu Bhuidseat

There is circulated Report No. HC/50/18 by the Chief Executive and Depute Chief Executive.

The Council is asked to:-

i.    note the very positive contributions and the significant effort made by communities, staff and Members to the budget engagement process in the month of November; and 
ii.   agree to a Members’ seminar in January 2019 to take forward the matters raised into clear actions which will then be incorporated into the February budget paper.

16. Options for Funding Future Highland Tourism Development: A Transient Visitor Levy    
Cìs Neach-tadhail Sealach

There is circulated Report No. HC/51/18 dated 5 December 2018 by the Director of Development & Infrastructure.

The Council is asked to:-

i.    note the range of factors that would need consideration in deciding whether and how to implement a Transient Visitor Levy; and
ii.   approve the proposal that the Council should carry out a public consultation on the implementation of a Transient Visitor Levy as described in section 7 of the report.

17. Redesign of Highland Council – Progress Report     
Ath-dhealbhadh Chomhairle na Gaidhealtachd – Aithisg Adhartais

There is circulated Report No. HC/52/18 dated 4 December 2018 by the Chief Executive.

There are also circulated Minutes of Meeting of the Redesign Board held on 13 November 2018 
The Council is asked to:-

i.    approve the Minutes of the Redesign Board;
ii.   note progress on Council Redesign work;
iii.  approve the recommendations of the Trade Services Peer Review; and  
iv.   agree that the Redesign Board should continue to oversee the delivery and implementation of three specific recommendations in the short term which will assist with the delivery of savings, with increased efficiency of operation and with the development of the in-house capability for trade services for both Council housing and other property.  These are:

• A Lean review into housing and property repairs processes;
• The development of a trial to pilot more effective joint working between Community Services and Development & Infrastructure; and 
• The procurement of a new framework for trade services.

18.    Inverness and Highland City Region Deal Annual Report    
Cùmhnant Roinne/Baile

There is circulated Report No. HC/53/18 dated 3 December 2018 by the Director of Development and Infrastructure.

The Council is asked to:-

i.    note progress with the City Region Deal during 2018; and
ii.   approve the publication of the report on the Council’s website.

19. Member Attendance at Meetings
Làthaireachd Bhall aig Coinneamhan

The Local Government (Scotland) Act 1973 requires that if a Member of a Local Authority fails, throughout a period of six consecutive months, to attend any meeting of the Authority, they shall, unless the failure was due to some reason approved by the Authority, cease to be a Member of that Authority.

Mr Blair Allan has, because of illness, been unable to attend meetings of the Council since 28 June 2018. As this may continue beyond the six months stipulated in the Act, the Council is required to approve his absence because of illness to enable him to continue as a Member of the Authority. 

The Council is therefore asked to approve Mr Allan’s absence as a result of illness on the basis that the position will be reviewed following a further three month period and an update provided for the meeting on 7 March 2019 if necessary.   

20. Timetable of Meetings 
Clàr-ama Choinneamhan 

Members are asked to agree the following changes to the timetable of meetings - 

North Planning Applications Committee – to now be held on 9 April 2019 (instead of 16 April 2019).

21. Deeds Executed    
Sgrìobhainnean Lagha a Bhuilicheadh

Members are asked to note that a list of deeds and other documents executed on behalf of the Council since the meeting held on 25 October 2018 is available in the Members’ Library and on the Council’s Website.