Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Monday, 9 December 2019 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
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

The Council is advised that, following the By-Election held on 14 November 2019, Ms Emma Roddick has been elected as a Member of Ward 14 (Inverness Central).

4.Quality Awards Winners and the Apprenticeship Scheme 
Buannaichean nan Duaisean Inbhe agus an Sgeama Preantasachd  

An update on the Quality Awards Winners and the Apprenticeship Scheme will be provided at the meeting.

Item 5 below will be considered at 12.45pm.

5.Joint Presentation - Combat Stress
 
The Council is advised that Mr M Leinster and Mr S Smith will be in attendance at the meeting to give a Presentation on Combat Stress.   

6.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 31 October 2019 (pp. 408-428) and Minutes of the Special Council Meeting (Planning) held on 22 November 2019 (to follow) 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:-

Lochaber Area Committee, 6 November
Ross and Cromarty Committee, 6 November
Environment, Development and Infrastructure Committee, 7 November    
Badenoch & Strathspey Committee, 11 November
Sutherland County Committee, 14 November
Caithness Committee, 19 November    
Corporate Resources Committee, 20 November    
City of Inverness Area Committee, 21 November
Nairnshire Committee, 27 November
Audit & Scrutiny Committee, 28 November    
Isle of Skye and Raasay Committee, 2 December To follow
Care, Learning and Housing Committee, 5 December To follow
            
8.Town Centre Fund Working Group – Minutes of Meeting

There are circulated for approval Minutes of Meeting of the Town Centre Fund Working Group held on 28 November 2019.

(Members are advised that these Minutes are being circulated to the full Council for approval on the basis of the timescale involved for this issue and specifically as there are no further scheduled meetings of the Environment, Development & Infrastructure Committee).  

9.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 12 September 2019 (approved by the Board on 22 November 2019).

10.Climate Change Panel
Pannal Atharrachadh Gnàth-shìde

There are circulated for approval Minutes of Meeting of the Climate Change Panel held on 26 November 2019.

11.Tourism Working Group/Sub Committee  

Members are asked to agree that the current Tourism Working Group should now become a full Sub Committee with an extended membership based on political balance.

This Sub Committee will take responsibility for tourism and report directly to the full Council.          

12.Membership of Committees/Remuneration and Appointment of new Chairs
Ballarachd Chomataidhean, msaa/Co-dhìoladh agus Cur Chathraichean Ùra an Dreuchd 

Membership of Committees

The Council is advised that Mr K Gowans has confirmed that he has re-joined the SNP Group.

It has also been confirmed by the SNP Group that Mr Gowans will now replace Mrs P Munro on the Valuation Joint Board.

On that basis, and following the result of the By-Election for Ward 14 (Inverness Central), the political make-up of the Council is now as follows:-

Independent – 27/SNP – 21/Scottish Conservatives – 11/Liberal Democrat – 9
Labour – 3/Green Party – 1/Sutherland Independent – 1/Non-Aligned – 1

The formula in respect of the number of places on the new Strategic Committees is 7/5/3/3.

In this regard, membership of the new Strategic Committees will be tabled at the meeting.

Changes to Senior Councillor Remuneration

Proposals for changes to Senior Councillor remuneration will be tabled at the meeting.

Appointment of new Committee Chairs

Nominations for the new Strategic Committee Chairs will be tabled at the meeting.

13.Governance Review
Ath-sgrùdadh Riaghlachais

There is circulated Report No. HC/61/19 dated 29 November 2019 by the Chief Executive.  

Members are asked to agree:-

(i)   the operational arrangements for Sub-Committees, Boards and Working Groups as set out in Appendix 1 to the report and the introduction of annual reporting to the Council as set out in Paragraph 5.2;
(ii)  additional functions and responsibilities for Area Committees as set out in Paragraph 6.3;
(iii) the resources set out in Paragraph 3.1;
(iv)  the establishment of a new Area Committee as set out in Paragraph 6.5; and
(v)   the review arrangements as set out in Section 7 of the report.   

14.Director of Public Health (Annual Report)
Stiùiriche Slàinte Phoblach (Aithisg Bhliadhnail)

Members are advised that Dr C Stark and Ms C Steer will be in attendance at the meeting to highlight issues contained within the Annual Report from the Director of Public Health.

In this regard, an electronic link to the Annual Report is contained below – 

https://www.nhshighland.scot.nhs.uk/Publications/Documents/DPH-Annual-Report-2019-and-appendices.pdf

Items 15 and 16 below will be considered at 2.00pm

15.Question Time
Àm Ceiste                                                                                             

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

(i) Mr A Jarvie
 
To the Chair of the Corporate Resources Committee
 
“Please can you provide the VRMs, make, model, most recent odometer readings, purchase and registration dates of all electric cars owned by Highland Council”. 

The response is circulated

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

(ii) Mr B Thompson

To the Chair of the Corporate Resources Committee

“What reassurance can the Council provide that it is applying discretion where appropriate to the imposition of the 200% Council Tax rate applicable to empty homes? i.e. what proportion of empty homes in Highland currently benefit from a discretionary reduction in the 200% rate and for what reasons has discretion generally been applied?”

The response is circulated

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

(iii) Mrs M Cockburn

To the Leader of the Council

“What measures can be put in place to ensure that any guidance provided by COSLA on matters such as social care delivery are disseminated across all Council Members?”

The response is circulated

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

(iv) Mrs M Cockburn

To the Leader of the Council

“Will Highland Council open up a school to give homeless or disadvantaged people a hot meal on New Years’ day?”

The response is circulated 

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

(v) Mr C Fraser

To the Chair of the Care, Learning & Housing Committee

“Please provide the actual school capacity and actual current school roll for all Highland primary schools as this was omitted from recent Committee reports?”

The response is circulated

Mr Fraser will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee.

(vi) Ms E Roddick

To the Leader of the Council

“Following the motion agreed unanimously by the Council on mental health crisis services at the meeting on 7th September 2017, what plans does the Council have to continue work with NHS Highland to improve services for those who require emergency help with mental health?” 

The response is circulated

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

(vii) Mr B Boyd

To the Chair of the Care, Learning & Housing Committee

“What steps are being taken to ensure that appropriate and sustainable psychological support is available for our young people who require additional help in schools?”

The response is circulated

Mr Boyd will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee.  

(viii) Mr D Louden

To the Leader of the Council

“Homes with a prepayment electricity meter do not have their prices capped.  They pay much more than those paying by direct debit or on invoice despite being the least able to afford it. This difference in price is growing. Will the Highland Council write to the UK Energy Secretary asking in the strongest terms that OFGEM extends the price cap to these customers to tackle fuel poverty?”

The response is circulated

Mr Louden will be entitled to ask a supplementary question which will be answered by the Leader of the Council.
 
(ix) Mr R MacWilliam

To the Leader of the Council

“What funding has Highland Council requested from Central Government in respect of Brexit mitigation?”

The response is circulated 

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

(x) Mr K Gowans

To the Chair of the Environment, Development & Infrastructure Committee 

“Does the Administration intend to write Highland Town Centre Plans so that future windfall funding from the Scottish Government’s Town Centre fund or similar schemes can be applied without controversy?”

The response is circulated

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

(xi) Ms M Smith

To the Leader of the Council

“How many biomass plants do we currently operate in our own property stock in the Council and Highlife Highland?”

The response is circulated

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

(xii) Dr I Cockburn

To the Leader of the Council

“When will the Members see the report that the Council promised over a year ago to bring to Committee on the modular ideas and designs for our Highland schools?”

The response is circulated

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

(xiii) Ms P Hadley

To the Leader of the Council

“How is the Council going to sufficiently resource the ambition to realise a carbon neutral Highlands by 2025?”

The response is circulated

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

(xiv) Mr S Mackie

To the Leader of the Council 

“The landward village of Bower has historically provided students to both Thurso High School as well as Wick.

The Council’s decision to withdraw funding for students wishing to attend Thurso High School in 2018 was met with opposition from the local community and representations from the Bower Community Council as this reversed long standing commitments.

It has been repeatedly cited by families that the decision was made contrary to Scottish Government guidance that states that “someone affected by the decision can have a legitimate expectation that because the policy or procedure has been operated in such a way in the past, that this will continue in the future”.

Given the Highland Council and its immediate and past predecessors, extending over the last half-century, have maintained a policy of local choice for children to attend Thurso High School, it is understandable that there is substantive and legitimate expectation from the local community.

Promises made to the Community Council that fees for school transport would be withdrawn at public meetings have failed to materialise. Instead, the Council has moved from a position of flexibility and openness to find a solution to an enforcement body, with parents threatened with court or debt collection for failure   to pay the c.£410 per pupil cost.

Given that the Council must provide transport, if only to facilitate the transport of one pupil, and that Thurso, unlike Wick High School, currently experiences capacity number issues, will you agree to reviewing the decision currently enforced by the Council and make a commitment that the principles of localism will apply to the students and parents of Bower and the surrounding parish as it has done for the previous 50 years?”

The response is circulated

Mr Mackie will be entitled to ask a supplementary question which will be answered by the Leader of the Council. 
  
16.Notices of Motion
Brathan Gluasaid                                                                          

The following Notices of Motion have been received by the Head of Corporate Governance – 

(i) Highland Council welcomes the pavement and double parking ban in the forthcoming Transport (Scotland) Act, the Bill for which has now passed Stage 3. Pavement parking can be a severe impediment to wheelchairs, pushchairs and those with limited mobility. In some circumstances dangerous parking can put lives at risk. Those impacted by pavement obstruction rightly expect an immediate, effective response from enforcement agencies – under the current system that has too often not been the case. The approved Bill has the potential to make enforcement much speedier and more effective.

The Council recognises the financial support made available by the Scottish Govt. to enable Councils to prepare for the ban. However enforcement must be cost-effective for local authorities. The geography of the Highlands will likely limit cost-effective implementation of the ban in remote or rural areas. For that reason, the Council will write to Scottish Ministers, calling on them, when making regulations for the implementation of the Bill, to allow the public to submit evidence of parking violations. This could be, for example, by an approved phone app. The intention being to allow local authority parking officers to issue penalty charge or warning notices without the requirement to attend the scene of the contravention. For the avoidance of doubt, parking officers would keep full discretion on whether to issue a PCN, a warning or neither.

Signed:    Mr B Thompson     Mr A Henderson      Mrs M Davidson

In line with Standing Order 12 – no financial cost has been identified by the Executive Chief Officer (Resources & Finance) in relation to the above Notice of Motion.

(ii) That Highland Council agrees to contract the services of an external provider for the purposes of employee whistle-blowing. 

Signed:   Mr R MacWilliam      Ms K Currie

In line with Standing Order 12 – the following financial impact has been identified by the Executive Chief Officer (Resources & Finance) in relation to the above Notice of Motion:-

‘There would be additional costs associated with contracting an external provider. It is not possible to determine the actual costs of this service without a tender exercise and the overall cost would also be dependent upon the number of whistle blowing instances and so on this occasion a competent financial assessment can’t be made within the timescale.

Outsourcing is not necessary nor a cost-effective way to deal with whistle blowing issues. Work is being undertaken to transfer the management of the Whistle Blowing Policy to Internal Audit and will operate with a confidential email and telephone number for reporting’.

(iii) Since HC cut the playpark budget 2 years ago our play areas have been decimated. The equipment has failed and not been replaced meaning that housing estates are crying out for outdoor play for their children. The Administration said at the time that community groups could seek funding from other bodies. In practice this hasn’t happened as the public expect the local authority to provide them. 

Often outdoor play equipment has a little more risk than indoor toys. Whether it is encouraging children to use slides they might be a little afraid to go down, or to try challenging play trails; outdoor play equipment can help children to learn to push their boundaries and become good at risk assessment. It also teaches them to explore new games and become confident in learning to try new things without being guided by adults.

Being outside means that children naturally get Vitamin D which is proven to help improve moods and create a positive mental attitude. The freedom outdoor play also encourages children to get rid of built up energy, particularly if they tend to be fidgety when sitting for long periods of time, this leads to them becoming calmer and ultimately helps them to be more focused when in the classroom.

It encourages them to use their imagination when learning, they develop better social skills and tap into their creative side. Council agrees to identify a ring-fenced budget of £10,000 per ward per annum from next financial year to allow our playparks to be restocked and maintained overa5yearperiod.

Signed:  Ms M Smith   Mr D Louden

In line with Standing Order 12 – the following financial impact has been identified by the Executive Chief Officer (Resources & Finance) in relation to the above Notice of Motion:-

‘Budget provision of £210K per annum (over £1M across the five years) would be required if this motion is agreed.

The Council currently maintains 435 play areas. Independent inspections on the condition of our play areas was carried out in 2017. Obsolete equipment has been removed and a new repair and maintenance programme has been developed and implemented based on the findings of these inspections.  Following decision by council the budget for maintaining these assets was reduced by £212k in 2018/19 (more than half of the budget at £401,814 in 2017/18).  It is now £189,212 in 2019/20.

At Council in October it was said the amenities review would include play areas and that it can identify options for making the service more sustainable. This could include rationalising provision, supporting community asset transfers, prioritising repairs further and reviewing workforce arrangements.By agreeing to the motion this would reinstate the saving (£210k per annum) agreed in 2018/19 However Communities Services is currently projecting an over spend projected of £1.1m this year.

Reserves are at an all-time low and below levels recommended by external audit with a challenging financial outlook forecast by the Fraser Allander Institute. Additional savings to off-set this budget request must therefore be agreed’.

17. Resourcing the Climate & Ecological Emergency

There is circulated Report No. HC/62/19 dated 3 December 2019 by the Executive Chief Officer, Infrastructure & Environment.

The Council is asked to agree the resource requirements detailed within the report.

18.Transient Visitor Levy 

There is circulated Report No. HC/63/19 dated 27 November 2019 by the Executive Chief Officer (Transformation & Economy).

Members are asked to:

i.    consider and homologate the written response to the Scottish Government consultation as set out in Appendix 4;
ii.   recognise the support for a Transient Visitor Levy in Highland evidenced in the online and face-to-face surveys, but also the observations on impact and design made across the consultation;
iii.  determine whether this evidence constitutes a mandate to introduce a Highland TVL and if so, commit to further consideration of how such a scheme might be designed and implemented in order to reflect the views given in the consultation and to mitigate any potential negative impacts;
iv.   incorporate the views from the Highland consultation in a series of design principles which are used in the Council response to, and subsequent engagement with the Scottish Government;
v.    adopt a position that a Highland TVL should be able to be applied in ways other than just a ‘bed tax’ on those staying in paid overnight accommodation.
vi.   adopt a position that Highland residents but not residents from other parts of Scotland should be exempted from paying a Highland TVL;
vii.  continue to work with the Scottish Government wherever possible to help shape other elements of the national approach to reflect the region’s needs and the results of the Highland consultation;
viii. commit to the following principles in relation to the investment of revenue from a Highland TVL scheme, if implemented:

•  ring-fencing revenue to ‘tourism uses’ as sought in all elements of the Consultation and outlined in the Scottish Government National Consultation;
•  acknowledging the Consultation results in relation to investing TVL revenue and use these, along with working with Scottish Government and local partners, to help determine what constitutes ‘tourism uses’ and how these are defined for Highland; 
• exploring how some TVL revenue might be ring-fenced for use in the area of Highland in which it is raised, including representing the need for this to Scottish Government so that legislation allows this, and investigating logistical and financial implications of different models; and 

ix.   agree that officers work with the Council’s Tourism Working Group on the detail of a scheme with a view to producing a series of recommendations on the design of a scheme that would be brought back to a future meeting of the Council for approval.

19.Highland Armed Forces Community Covenant Update 
Aithisg Bhliadhnail Cùmhnant nam Feachdan Armaichte

There is circulated Report No. HC/64/19 dated 25 November 2019 by the Acting Head of Policy. 

Members are asked to:-

(i)   note the considerable progress made with partners over the past 14 months across a range of activities which support the Armed Forces Community Covenant;
(ii)  support the creation of a specific Reserves Special Leave Scheme which will be reported to a future Corporate Resources Committee; and
(iii) note that the Council is working towards a submission for the Defence Employer Recognition Scheme Gold Award. 

20.Fostering and Adoption: Foster Carer Fees Review and Proposal
Altramadh agus Uchd-mhacachd

There is circulated Report No. HC/65/19 dated 29 November 2019 by the Executive Chief Officer (Health and Social Care).

The Council is asked to:-

(i)  change Foster Carer fee payments from a fee per household  to a fee per child; and
(ii) increase the Foster Carer fee payments by 20%.  

21. Equally Safe at Work 
Co-ionannachd Sàbhailteachd aig an Obair

There is circulated Report No. HC/66/19 dated 27 November 2019 by the Executive Chief Officer (Health & Social Care). 

The Council is asked to:-

(a)  agree that invitations are sought from Members to champion the work of Officers to progress gender equality at Highland Council;
(b)  agree that Annual Reports are taken to the Corporate Resources Committee to allow Members to scrutinise and celebrate progress towards accreditation;
(c)  agree that training and information material is made available to Members through induction and the Member Development Programme; and
(d)  note the progress made to date by the Joint Officer and Trade Union Working Group.   

22.Organisational Transformation and Transition
Eadar-ghluasadan agus Cruth-atharrachadh 

There is circulated Report No. HC/67/19 dated 3 December 2019 by the Chief Executive.

Members are asked to:-

(i)   note the progress being made with the Organisational Transformation and Transition Programme;
(ii)  consider the emerging themes and principles for the transformation of Education, Care and Learning arising from engagement with staff, Members and wider stakeholders;
(iii) note the intention to bring detailed structure proposals to Strategic Committees and the Council in the early part of 2020; and
(iv)  consider the development of the Council’s Place-Based strategy and agree to hold a Members’ Seminar early in 2020 to explore the approach in greater depth.     

23.Review of the Scheme of Delegation 
Ath-sgrùdadh dhen Sgeama Riochdachaidh   

There is circulated Report No. HC/68/19 dated 3 December 2019 by the Executive Chief Officer (Performance & Governance).

The proposed new Scheme of Delegation has been circulated separately.    

The Council is asked to agree:-

(i)   the revised Scheme of Delegation as circulated;
(ii)  the Climate Change Panel to be re-named the ‘Climate Change Working Group’ and to report to the Council;
(iii) the Tourism Working Group/Sub Committee to report to the Council;
(iv)  the Gaelic Implementation and Strategy Group to be re-named the ‘Gaelic Committee’ and report to the Economy and Infrastructure Committee; and
(v)   a Joint Wellbeing Sub-Committee comprising Members of the following Committees – Education, Health, Social Care & Wellbeing, Housing and Communities & Place to be formally established by the Council in March 2020 once the new Committee have met for the first time to discuss and agree membership, a remit and terms of reference.   

24.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 31 October 2019 is available in the Members’ Library and on the Council’s Website.