Agendas, reports and minutes

A meeting of the Highland Council will be held REMOTELY on Thursday, 9 September 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. Recess Powers
Cumhachdan Fosaidh

The Council is asked to note that, during the recess period, recess powers were not used.

4. Membership of the Council
Ballrachd na Comhairle

The Council is advised that, following the By-Elections on 12 August, the following new Members have now been elected – 

Ms Jill Tilt (Ward 3)
Mr Colin Aitken (Ward 13)  

5. Presentation – Confucius Hub – Grantown Grammar School
Taisbeanadh – Hub Confucius – Sgoil Gràmair Bhaile nan Granndach

The Council is advised that Ms Ann Mackintosh will be in attendance to provide a presentation on the Confucius Hub at Grantown Grammar School. 

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 24 June (pp.427-449) 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:-

Nairnshire Committee, 23 June
Economy & Infrastructure Committee (Special Mtg), 8 July
Black Isle Committee, 5 August
Lochaber Committee, 9 August
*Badenoch & Strathspey Committee, 9 August

*Starred Item 8 – Kingussie & Grantown-on-Spey Common Good Funds - 
AGREED TO RECOMMEND the re-classification of the property included in the Asset Register and re-activation of the Kingussie Common Good Fund; and
AGREED TO RECOMMEND that, due to the financial position of the fund, Kingussie Common Good property should continue to be maintained by Highland Council until such time as the fund recovered sufficiently to sustain Kingussie Common Good assets.

*Health, Social Care & Wellbeing Committee, 11 August

*Starred Item 9 – Revised Highland Partnership Integration Scheme – 

AGREED to RECOMMEND that housing for staff be added to the Risk Section at Section 3.5 of the report.

*Caithness Committee, 12 August

*Starred Item 6 - Thurso and North West Caithness & Wick and East Caithness (Wards 2 and 3) Place Based Investment Funds – Proposed Funding Allocations

AGREED TO REQUEST that the Council creates and implements a Council wide playground strategy that considers the needs and expectations of communities and supports the active play, well-being and social activity of our children and their families.  

Easter Ross Area Committee, 12 August
Sutherland County Committee, 16 August
Dingwall & Seaforth Area Committee, 16 August
Wester Ross, Strathpeffer & Lochalsh Committee, 19 August
Corporate Resources Committee, 25 August
City of Inverness Area Committee, 26 August
Isle of Skye & Raasay Committee, 30 August - To Follow
Communities & Place Committee, 31 August - To Follow
Economy & Infrastructure Committee, 1 September    - To Follow
Education Committee, 2 September - To Follow
        
Minutes of Meetings not included in the Volume as follows -

(i)    Highland and Western Isles Valuation Joint Board – for noting – held on 19 March (approved by the Board on 18 June).
(ii)    Redesign Board – for approval – held on 20 August
(iii)    Recovery, Improvement and Transformation Board - for approval – held on 23 August
(iv)    Climate Change Working Group – for approval – held on 18 August
(v)    Recruitment Panel – Executive Chief Officer, Education & Learning – for noting – held on 10 June (Shortleeting) and 30 June (Appointment)

8. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

The Council is advised that Mr A Baxter has now joined the Conservative & Unionist Group. 

On that basis, and following the By-Elections in Ward 3 and Ward 13, membership of the Council is now as follows:-

Ind – 25/SNP - 18/Cons & Unionist - 11/Lib Dem– 11//Highland Matters – 4/ Labour - 3/Sutherland Independent – 1/Non-Aligned – 1

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

In that regard, Members are asked to agree the following:-

Economy & Infrastructure Committee – Mr B Lobban to fill the current vacancy for an Independent Group Member.

Education Committee – Mr C Munro and Mr D Fraser to fill the current vacancies for Independent Group Members.  

Wellbeing Joint Sub Committee – Mr D Fraser to fill the current vacancy for an Independent Group Member.

The number of places on the Joint Valuation Board and the Redesign Board will now change and on that basis a further update will be provided at the meeting.
                           
Items 9 and 10 will be considered at 2.00pm

9. Question Time                                                                                         
Àm Ceiste                                                                                             

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

(i)    Mr R Bremer

To the Chair of the Economy & Infrastructure Committee

There has been considerable concern by members of the public, especially in Caithness, in respect of the roads infrastructure. For some time there has been an underspend of the committed funding by Council for the road’s infrastructure in Caithness and in other areas of Highland. It is imperative that the extra committed funding this year is spent and that this is the case for next year also. What comfort can our Highland communities be given that Council will actually ensure this happens?

The response will follow.

Mr Bremner will be entitled to ask a supplementary question which will be answered by the Chair. 

(ii)    Mr R Bremner

To the Chair of the Communities & Place Committee

Three years ago I brought a motion to Council committing Council to implementing an effective policy in respect of abandoned and, in particular, nuisance vehicles. Since then, progress has been very slow. This policy desperately needs to be implemented. I know that reference was made to the Northern Joint Collaboration Board for a national response and covid undoubtedly will have impacted. What position is Council at in reviewing and implementing an effective policy to deal with abandoned and nuisance vehicles?

The response will follow.

Mr Bremner will be entitled to ask a supplementary question whcih will be answered by the Chair. 

(iii)    Mr R Bremner

To the Chair of the Housing & Property Committee

Do you agree that heating systems that are being replaced or installed by Highland Council in Council properties should be as affordable as possible for the occupiers?

The response will follow.

Mr Bremner will be entitled to ask a supplementary question whcih will be answered by the Chair.

(iv)    Mr D Macpherson

To the Leader of the Council

Can you please give an assurance that all of the CCTV cameras in Inverness are fully functioning and have now been upgraded to the new Digital colour cameras, as opposed to the old unreliable analogue ones, and that adequate funding has been sourced and provided to complete the recommended upgrade of cameras and to the Inverness control room, estimated at £100,000 by Council officers, to ensure that the citizens of Inverness and visitors to the Highland Capital are safe in the knowledge that Police and the Highland Council (who run the CCTV System), are fully monitoring the screens in the Burnett Road Police Station control room, to record criminal and antisocial behaviour in the streets and parks throughout the city. And can you give a status report on the proposals to link up the other Highland Towns like Wick and Thurso, as well as the Kessock Bridge CCTV cameras and those CCTV cameras in the Rose Street Car Park in Inverness?

The response will follow.

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

(v)    Mr D Macpherson

To the Leader of the Council

Nominations have just closed for Interim Community Council elections, what will you be doing to demonstrate the Highland Council’s commitment to ensuring strong and adequately funded community councils exist, and how will you fund their ongoing existence and promote their value to deliver localism and help their communities in the planning decision making progress for Highland Council and the communities that they represent?

The response will follow.

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

(vi)    Mr A Jarvie

To the Leader of the Council,

Can you outline the successes of and how many members of staff have been professionally developed in the Council’s long heralded “grow our own” programme?

The response will follow.

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

(vii)    Mr A Jarvie 

To the Leader of the Council,

Can you provide me with the date the Corporate press release was issued announcing your coalition with the SNP Group?

The response will follow.

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

(viii)    Mr A Jarvie

To the Chair of the Economy and Infrastructure Committee

The most up to date figure show that roughly 15% of the roads maintenance budget has been spent so far. Will this be spent in full this year or will our roads be underinvested in?

The response will follow.

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

(ix)    Mr D Macpherson

To the Chair of the Economy & Infrastructure Committee

Can you please give an update of the spend on roads and the expected underspend by the end of this calendar year and the financial year end?

The response will follow.

Mr Macpherson will be entitled to ask a supplementary question which will be answered by the Chair.

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

(i)Given the serious problems occurring in Badenoch & Strathspey due to the massive increase in Short Term Lets and the effect that has on the provision of permanent dwellings, that the Council agrees a draft proposal to designate a Short Term Let Control Area covering the whole of Badenoch & Strathspey as detailed under the Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021.

Following completion of statutory consultation, the Council brings a report to the Economy & Infrastructure Committee for final approval prior to submission to Scottish Ministers.

Signed:    Mr B Lobban      Ms P Hadley     Mrs M Cockburn      Mr John Bruce   

(ii)Council: 

- recognising the continuing, serious and accelerating changes to the world caused by climate change, reaffirms its declaration of a climate and ecological emergency, and renews its commitment to achieving a carbon neutral Highlands by 2025; 

- recognising that we live in one world, where local actions have global consequences, and vice versa, affirms its commitment to sustainable development and environmental protection, and acknowledges its role in upholding human rights and international law;  

- notes that the Highland Council Pensions Committee must have regard to the Council's fiduciary duty as administering authority for the pension fund, recognises that this duty is consistent with selecting investments according to ethical, environmental, social and governance criteria as well as financial return, and is concerned that the pension fund currently retains large holdings, worth in excess of £160 million, in companies, including fossil fuel and armaments companies, that fail to meet the environmental, social and governance standards expected of a responsible local authority pension fund;  

- welcomes the arrangement in September of the workshops to develop and publish the Responsible Investing Policy Statement proposed in the Statement of Investment Principles adopted by the Pension Committee on 18 March 2021 and as part of its consideration encourages Pensions Committee to have regard to the principles set out in the Highland Charter for Responsible Investment and urges Pensions Committee to consider making a formal commitment prior to COP26, to divestment from fossil fuels, armaments and other environmentally and socially harmful products and activities as soon as possible.

Signed:   Ms P Hadley      Ms M Smith

(iii)Capital Spend - a key aspect of any capital project is the life cycle of that project, to enable the best value and return for the Council’s spend. One of the major aspects to the life cycle of any project is good and well planned maintenance which enhances and preserves that asse, which in the long term is a spend to save for the Council. There must be a maintenance plan for every capital project which includes an estimate of the maintenance through the life cycle of that asset.

‘Within the Council’s new Capital Build Programme, this Council will commit and ensure that fully costed maintenance programmes for all new built projects are budgeted for, to maintain and enhance the life cycle of the Council’s assets, and duly planned and maintained as programmed.

Signed:   Mr B Boyd        Dr I Cockburn

11. Future Highlands – Health and Prosperity Strategic Partnership Plan 
Plana Com-pàirteachas Ro-innleachdail Slàinte is Soirbheis

There is circulated Report No. HC/20/21 dated 30 August 2021 by the Chief Executive. 

The Council is invited to:-  

(i)    consider and approve the development of a Future Highlands Strategy, including further engagement with partners ad for the draft strategy to come to Council in October 2021; and
(ii)    note that recommendations for investment are contained in the report to Council on Medium Term Financial Plan – Update. 

12. Medium Term Financial Plan – Update
Planadh Ionmhasail Meadhan-ùine                                                                                                                
 
There is circulated Report No. HC/21/21 dated 24 August 2021 by Executive Chief Officer Resources and Finance. 

The Council is invited to:-

(i)    note the medium term financial planning assumptions as described in section 5 of the report;
(ii)    agree to provide funding from the Council’s general fund non-earmarked reserve for the investment requirements linked to ‘Future Highlands - Health and Prosperity Strategic Partnership Plan’ as described in section 7 of the report for Green Energy Hub; Visitor Management; and Community Loans Fund;
(iii)    agree the scope, budget, phasing and timescale for the 5 capital projects described in section 9 and Appendix 5 of the report and agree that these are incorporated into the Council’s current capital programme;
(iv)    agree that the fire-damaged main building at the Park Primary site should be demolished; and 
(v)    agree the priority for a bid to the next phase of the Scottish Government’s Learning Estate Investment Programme at section 9.9 and 9.10 and Appendix 5 of the report should be East Inverness.

13. Best Value Assurance Report (BVAR) Improvement Plan Progress Report
Sgrùdadh Luaich as Fheàrr – Aithisg Adhartais

There is circulated Report No. HC/22/21 dated 16 August 2021 by the Chief Executive. 

The Council is invited to:- 

(i)    consider and comment on the progress reported; 
(ii)    agree the revisions to timelines required to complete the delivery of the improvement plan as detailed in Appendix 1 of the report; and
(iii)    amend action 3.2, Appendix 1 as detailed in 5.4 of the report to remove the need for external learning to be through visits.

14. Annual Corporate Performance Report 2020/21
Aithisg Choileanaidh Bhliadhnail

There is circulated Report No. HC/23/21 dated 17 August 2021 by the Chief Executive.

The Council is invited to:- 

(i)    scrutinise the progress being made with the delivery of the Corporate Plan for the period 01 April 2020 to 31 March 2021;
(ii)    scrutinise and agree the changes proposed to performance indicators and actions targets as outlined at section 6 of the report; 
(iii)    note the Council’s response and work towards recovery from the COVID-19 emergency during 2020/21; 
(iv)    await a further report on Statutory Performance Indicators (SPIs) and the Local Government Benchmarking Framework no later than March 2022; and
(v)    note it was not possible to carry out the Annual Performance and Attitudes Survey (APAS) due to COVID, that the Citizen’s Panel is being refreshed with APAS planned again in 2022.

15. National Care Service for Scotland Consultation
Cùram Sòisealta – Aithisg Cho-chomhairleachaidh

There is circulated Report No. HC/24/21 dated 20 August 2021 by the Executive Chief Officer Health & Social Care. 

The Council is invited to consider the terms of the consultation and:-  

(i)    discuss the proposals set out in the consultation and endorse the approach set out within section 5 of the report; 
(ii)    note the need to engage with staff, trade unions and Members and with key partners including NHS Highland and other third party stakeholders in terms of informing a response to this consultation; 
(iii)    agree that the Chief Social Work Officer provides a professional response to the questions highlighting possible impacts to service delivery and Council performance which is then considered as part of the process set out in recommendation 1 above; 
(iv)    note the request through COSLA to the Scottish Government for an extension to the deadline for responses; 
(v)    agree the draft response to come to Council in October – either to the scheduled meeting on 28 October, or a special meeting on 14 October if an extension is not secured; and 
(vi)    agree that there be continuing engagement with COSLA in terms of the impact the consultation may have on local authority functions going forward.

16. Timetable of Meetings – 2022
Clàr-ama Choinneamhan – 2022

There is circulated Timetable of Meetings for 2022 as follows -    
 
January to April (inclusive) - for approval.
 
May to December (inclusive) – for approval in principle – on the basis that the new Council will determine the final dates of meetings for the remainder of the year after the May Election.    

17. 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 24 June 2021 is available on the Council’s Website.

18. 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 6 of Part 1 of Schedule 7A of the Act.

19. Holiday Pay – Back Pay
Ais-Phàigheadh Shaor-làithean

There is circulated to Members only Report No. HC/25/21 dated 24 August 2021 by Executive Chief Officer Resources and Finance.

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