Agendas, reports and minutes

A meeting of the Highland Council will be held REMOTELY on Thursday, 25 March 2021 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 asked to note that, following the By-Election held on 11 March 2021, Mr David Fraser (Independent) was elected as a Member of Ward 12 (Aird and Loch Ness).

4. 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 17 December 2020/7 January 2021 (pp.1-30) and of the Special Meeting held on 4 March 2021 (pp.31-40) as contained in the Volume which has been circulated separately.

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

There are submitted for confirmation as correct records, for information as regards delegated business and for approval as appropriate, the Minutes of Meetings of Committees contained in Volume circulated separately as undernoted:-
    
Black Isle, Dingwall & Seaforth Committee - 13 January
Wester Ross, Strathpeffer & Lochalsh Committee - 14 January
City of Inverness Area Committee (Special Meeting) - 18 January
Lochaber Area Committee - 18 January
Easter Ross Area Committee (Special Meeting)- 20 January
Caithness Committee - 21 January
Isle of Skye & Raasay Committee (Special Meeting)- 25 January
Housing & Property Committee (Special Meeting) - 27 January
Audit & Scrutiny Committee (Special Meeting)- 28 January
Economy & Infrastructure Committee - 4 February
Badenoch & Strathspey Area Committee - 9 February
Health, Social Care & Wellbeing Committee - 10 February
*Education Committee - 11 February
Easter Ross Area Committee - 17 February
Nairnshire Committee (Special Meeting) - 17 February
City of Inverness Area Committee - 18 February
Caithness Committee (Special Meeting) - 19 February
Gaelic Committee - 23 February
Communities & Place Committee - 24 February
*Corporate Resources Committee - 25 February
*Sutherland County Committee - 1 March
Nairnshire Committee - 10 March
Housing & Property Committee - 11 March
Tourism Committee - 17 March
Pensions Committee/Pensions Board - 18 March
        
6. Community Planning Board
Bòrd Dealbhadh Coimhearsnachd

There are circulated for noting Minutes of Meeting of the Community Planning Board held on 5 November 2020 (approved by the Board on 1 February 2021).

7. Climate Change Working Group
Buidheann-Obrach Atharrachadh na Gnàth-shìde

There are circulated for approval Minutes of Meeting of the Climate Change Working Group held on 29 January 2021.

8. Brexit Working Group
Buidhean Obrach Brexit

There are circulated for approval Minutes of Meetings of the Brexit Working Group held on 14 January 2021. 

9. Recovery Board
Bòrd Ath-shlànachaidh

There are circulated for approval Minutes of Meetings of the Recovery Board held on 25 January 2021.

10. Redesign Board 
Bòrd Ath-dhealbhaidh

There are circulated for approval Minutes of Meeting of the Redesign Board held on 1 February 2021.

11. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

Members are advised that Ms M Smith, Ms P Hadley, Mr C MacLeod and Mrs P Munro have now formed the group ‘Highland Matters’.

On that basis, and following the election of Mr D Fraser in the recent by-election, it is confirmed that membership of the Council is now as follows:-

Ind (27)/ SNP (18)/ Cons & Unionist (10)/ Lib Dem (9) /H.Matters (4)/ Lab (3)
Suth Ind (1)/Real Ind (1)/Non-Aligned – 1

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

Items 12 and 13 will be considered at 2.00pm

12. Question Time                                                                                         
Àm Ceiste                                                                                             

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

(i)    Mr K Gowans

To the Chair of the Communities & Place Committee

‘At a time when we should be encouraging children to engage in outdoor play against the constraints of the pandemic, play areas are being closed are due to lack of funding for basic maintenance.

This is unacceptable.

With all the other challenges that children and families are facing as a result of the pandemic, the re-opening of play parks needs to be a priority to support health, well-being and exercise opportunities for everyone in our communities.

I have asked that these play parks are made available to children and families as a priority, unfortunately the responses I have received have indicated there is no budget that has been allocated to undertake the remedial work necessary to allow this Council to open these play areas.

It is clear that our play parks are being closed because of a long-term lack of investment in maintenance, despite the enormous benefit these provide throughout our communities, and further, there is no indication that this funding issue has been addressed going forward.

Would you agree with me that this situation is completely unacceptable for our communities, unfair on Officers and reflects adversely on the Council, therefore core funding now must be made available to bring our play parks up to an acceptable operational level to support our communities through the pandemic and a new a strategy needs to be developed by the Redesign Board?’ 

The response will follow

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

(ii)    Mr A Baxter

To the Chair of the Housing & Property Committee

‘How much has the Highland Council spent, in each of the last three financial years, on using outside contractors to make repairs to council tenant heating systems?’

The response will follow

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

(iii)    Mr A Baxter

To the Chair of the Communities & Place Committee

‘How many winter maintenance vehicles have been out of service for more than a 24 hour period since the commencement of winter gritting operations on 14th October 2020 and what arrangements are in place to make sure that there is a continuity of service?’

The response will follow 

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

(iv)    Mr A Baxter 

To the Leader of the Council 

‘Since my question to you at the full Council meeting on 10th September 2020, what steps have you taken to devolve further Council business and decision making to Area Committees?’

The response will follow
 
Mr Baxter will be entitled to ask a supplementary question which will be answered by the Leader.

(v)    Mr A Jarvie

To the Leader of the Council 

‘At the last Council, I posed the following question before Question Time was removed from the agenda – 

“As this Council enters its fourth budget, can you name four localism programmes that this Council has approved and successfully rolled out to communities?” You listed the top achievement of the localism programme as – 

“The Council’s decision to distribute the Crown Estate Funding to our 10 Area
Committees at its meeting in September 2020”

If this is the top achievement of this Council’s localism programme, why did you vote against it at the September 2020 meeting?’

The response will follow 

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

(vi)    Mr A Jarvie 

To the Chair of the Education Committee

‘How many children in the Highlands with Additional Support Needs have a PSA or ASN Teacher resource and how many of these received that support in the Highlands before a formal diagnosis?’

The response will follow 

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

(vii)    Mr S Mackie

To the Chair of the Education Committee

‘According to Endometriosis UK, endometriosis devastates the lives of women and their families and will effect up to one in ten Highlanders. Education at a young age is cited as the best way to raise awareness of the condition for both women and men and can help identify symptoms as early as possible.

Given the prevalence of this endometriosis and the importance of understanding this condition in early life, what is currently being taught on this subject in Highland Schools?’

The response will follow

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

13. Notices of Motion 
Brathan Gluasaid                                                                                 
                                                                                                   
The following Notices of Motion have been received by the Head of Corporate Governance – 

(i)‘In response to increasing public concern on road safety resulting in several Area Committees passing motions in favour of 20ph speed limits in built up areas,  in order to sustain the uptake in active travel resulting from the Covid-19 pandemic and to advance the Council’s climate change targets, Council calls on the Administration Leadership to engage urgently with the Scottish Government to:
•    revive legislation which will make 20mph the default speed limit in built up areas and allow Councils to vary this depending on local opinion
•    make sufficient funds available for Councils to allow them to undertake the necessary traffic calming measures and signage’.

 Signed:    Mr G Adam      Mr R Gale

(ii)‘Highland Council welcomes the prospect of funding streams coming directly to Highland through the UK Government’s commitment to a Levelling Up Fund, a Community Renewal Fund, and, in future, a Shared Prosperity Fund.

However, Council is concerned that presently Highland is not recognised as one of the UK’s priority areas for the two funding streams which were announced in UK Budget 2021. Council is of the view that Highland should be a priority area and agrees to lobby to ensure that this is addressed urgently with reports coming back to the next Council meeting as to progress.’

Signed:     Mr D Rixson      Mr A Christie

UK Government proposal to cut the Overseas Aid Budget.

(iii)Highland Council call on the UK Government to reverse the decision to cut the Overseas Aid Budget. Were this implemented, it would have one of the most devastating impacts on the world’s poorest people of any decision made by any Government short of going to war. As there is a link to the GDP, the Overseas Aid Budget will, as a matter of course, be reduced by £3bn which will have a massive and devasting impact, to add a further £4bn is inhumane and an embarrassment to any civilised country. 

It is estimated by one of the Government’s own supporters that this cut will cost 100,000 lives, 5.6 million children will not be vaccinated, 4 million people will be deprived of clean water and 1 million girls will lose their education.

This cut is not only cruel it is also short sighted as any action that reduces medical help and hygiene in the middle of a global pandemic puts the whole world at greater risk.
Please oppose this action and ask the UK Government to maintain the Overseas Aid Budget at .7% of GDP.

Signed:     Mr J Gray     Mr A Christie      Mrs D MacKay

(iv)In recognising the opportunity Covid-19 recovery presents to permanently change the working culture of this Local Authority, Council agrees to establish a Property and Workforce Committee. It will have the remit of tying together the various stands and good work done so far into one Committee. To develop cohesive policy to rationalise the property holdings and offer flexible and attractive working options to existing and prospective staff.

Rationalisation of property does not simply mean to sell at market value, it opens up possibilities of more asset transfers to our communities or even to demolish and relocate Council HQ - for the Council to take the lead in developing the old site, using the increased proceeds to invest in the Highlands.

Signed:    Mr A Jarvie     Mr A Baxter       Mr S Mackie

14. Revenue Budget 2021/22 to 2023/24 – Update
Buidseat Teachd-a-steach agus Cìs Comhairle

There is circulated Report No. HC/2/21 dated 12 March 2021 by the Executive Chief Officer, Resources and Finance.

The Council is invited to note the contents of the report and consider how plans for Phase 2 investment may be developed for presentation at the June meeting of Council.

15. Annual Report of Statutory Performance Indicators and Best Value 2019/20
Aithisg Bhliadhnail Thaisbeanairean Coileanaidh Reachdail agus Luach as Fheàrr 2019/20
                           
There is circulated Report No. HC/3/21 dated 11 March 2021 by the Chief Executive.

The Council is invited to:-

(i)    scrutinise the performance of the Council’s SPIs for 2019/20 against the targets set as outlined in Appendix 2 of the report;
(ii)    scrutinise the initial analysis of areas for improvement in Appendix 4 of the report and the commentary and planned improvement actions; 
(iii)    note that Service Plans will be presented to Strategic Committees early in the new financial year and that Members should expect the opportunity to scrutinise plans in response to the information contained in this report at that time; and
(iv)    note the External Audit opinion on the Council’s delivery of Best Value in relation to the Council’s Best Value Assurance Report (BVAR) and associated BVAR Improvement Plan as outlined at section 8 of the report.

16. Prototype Fusion Reactor opportunity for Caithness and North Sutherland 
Ginealach Ùr de Readhactaran Niùclasach

There is circulated Report No. HC/4/21 dated 12 March 2021 by the Executive Chief Officer, Infrastructure and Environment. 

The Council is invited to agree to the submission of the Dounreay site as a potential site for the STEP prototype Fusion power plant. 

17. Highland’s Hydrogen Economy & Update on Opportunity Cromarty Firth’s Greenport Bid
Eaconamaidh Haidridean na Gàidhealtachd & Fios às Ùr mu Thagradh Port-uaine Cothrom Linne Chrombaidh                                                                                         

There is circulated Report No. HC/5/21 dated 8 March 2021 by the Executive Chief Office, Infrastructure and Environment. 

The Council is invited to:-

(i)    support development of a vision for hydrogen in Highland to be presented to a future Member Workshop which will outline in more detail the significant role for hydrogen in Highland’s green energy proposition / commitment; 
(ii)    agree the Highland Council’s in-principle support for the Opportunity Cromarty Firth project and Green Port bid, noting its potential contribution to the hydrogen economy in Highland and to national and local outcomes; and
(iii)    agree the actions being undertaken in collaboration with Aberdeen City Council in respect of hydrogen fuelled fleet. 

18. Annual Review of Standing Orders Relating to the Conduct of Meetings
Ath-sgrùdadh Òrdughan Seasmhach

There is circulated Report No. HC/6/21 dated 8 March 2021 by the Executive Chief Officer, Performance and Governance.

The Council is invited to:-

(i)    note the points about the general conduct of meetings as set out in Section 4 and agree the proposals around procedures and protocols, including the introduction of regular breaks and the role of Chairs, Vice Chairs and Committee Clerks in managing meetings; and
(ii)    agree the proposed revisions to Standing Orders Relating to the Conduct of Meetings as set out in Section 5 of the report.

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

There is circulated Report No. HC/7/21 dated 3 December 2020 by the Executive Chief Officer, Performance and Governance.

The Council is invited to agree:-

(i)    the changes to the Scheme of Delegation as detailed in Appendix 1 and 2 to the report; 
(ii)    the Gaelic Committee to report to the Council instead of the Economy and Infrastructure Committee;
(iii)    that amendments to post titles can be made without recourse to Council as long as the level of delegation remains unchanged;
(iv)    that a further report will come back to the Council once there is clarity around the changes required to the Scheme of Delegation as a consequence of leaving the European Union and any other changes required as a consequence of possible further changes in the Council’s management structure;
(v)    amendments to the Scheme of Delegation in relation to planning matters as set out in detail at Appendix 3 and summarised as follows:
        i.    No change to development size.
        ii.    Reduction of number for objections from 8 to 5 across Highland.
        iii.    Implement power of 2 ward Members to call-in any application validated from 1 Jan 2021 onwards and subsequently recommended for approval; and 
(vi)    review the impact of changes after 6 months.

20. High Life Highland – Appointment of Independent Directors 
High Life na Gaidhealtachd – Comataidh Ainmeachaidh

The Council is advised that recommendations have been received from the High Life Highland Nominations Committee in relation to the appointment of Independent Directors as follows –

Mr D Finlayson
Mr D Finnigan

The Council is asked to agree these recommendations as detailed.

21. Clerk to the Highland Licensing Board
Clèireach do Bhòrd Cheadachd na Gàidhealtachd

The Council is asked to approve the appointment of Mr Iain Meredith as Clerk to the Licensing Board on a temporary basis until Mrs Claire MacArthur returns from   maternity leave.

22. Timetable of Meetings                                                            
Clàr-ama Choinneamhan

The Council is asked to agree the following changes to the current Timetable of Meetings:-

Highland Council – to move from 16 to 9 December
Housing & Property Committee – to move from 8 December to 15 December
Gaelic Committee – to move from 9 December to 16 December

23. NHS Partnership Review
Ath-sgrùdadh Com-pàirteachas NHS

There will follow Report No. HC/8/21.

24. Park Primary School Fire

There is circulated Report No. HC/9/21 dated 13 March 2021 by the Executive Chief Officer, Education & Learning and the Executive Chief Officer, Property & Housing. 

The Council is invited to note:-

(i)     the events of, and damage to the school building arising from the most recent fire at Park Primary, Invergordon;
(ii)    the actions taken by the Council to support the local community through the two fire events including the prioritisation of educational provision for all children and young people including ELC, those at Park Primary and the young people currently within Invergordon Academy;
(iii)   the timeline and next steps in relation to securing a long term solution for Park Primary, and a report with recommendations to come back to Council in June 2021; and 
(iv)    the briefing paper sent to the Deputy First Minister which outlines the options following the second fire at Park primary School and the request from the Leader of the Council for support in such challenging circumstances. 

25. 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 7 January 2021 is available on the Council’s Website.

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

The Council is asked to resolve that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public should be excluded from the meeting for the following item on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 9 of Part 1 of Schedule 7A of the Act.

27. School Transport Contracts       
Cùmhnantan Còmhdhail Sgoile

There is circulated to Members only Report No. HC/10/21 dated 25 February 2021 by the Executive Chief Officer, Infrastructure and Environment.   

The Council is invited to agree the recommendations as outlined in the report.