BENARTY COMMUNITY COUNCIL
MINUTES OF THE MEETING AT BENARTY CENTRE THURSDAY 3 MAY 2018, 7 pm to 9 pm
Present:
Community Councillors: John Purdie, Willie Clarke, Anne Hay, Mary Nardone, Tom Kinnaird (in Chair), Brian Menzies.
Fife Councillors: Cllr Rosemary Liewald
Apologies: Stephen Nardone, David Moore, Stuart Colquhoun, Cllr Linda Erskine, Cllr Lea McLelland, Cllr Mary Lockhart, PC Smith.
Chairman’s Welcome
Chair welcomed all to the meeting. Chair notified the meeting of the resignations of Frankie Hodge and Gordon Mackie from the Community Council.
Minutes of the previous meeting
The minutes of the previous meeting were handed out.
Matters Arising
Tom Kinnaird spoke about the archaeology item at the Meadows and how it could be achieved, but the admin would be a lot and the excavation itself would have to be in the future as the best time is the height of summer. Anne Hay asked where the excavation was planned and Tom Kinnaird said that it was for the field across from the stables. It would take a team and Linda Erskine wants to engage the local schools and perhaps universities also. Brian Menzies asked if permission was needed and Tom Kinnaird said Yes a lot of permission and administration work would be required. Tom Kinnaird added that there was a tremendous amount of heritage in the Benarty area. The minutes were proposed as correct by Anne Hay and seconded by Willie Clarke
Police Report
PC Smith was absent but had submitted a report which was read out to the meeting.
Finance Report
No report given as there was no activity in the past month and all details were included in the Financial Report given earlier to the AGM.
Councillors Reports
Councillor reports from Cllr Linda Erskine and Cllr Rosemary Liewald were circulated. Cllr Rosemary Liewald spoke of the full Fife Council meeting and how a joint statement was issued regarding the closing of overnight and weekend services for GP out of hours services in St Andrews, Dunfermline and Glenrothes, and how the administration was of the opinion if there was a three month consultation after the closures the public would form the opinion the matter was decided but if the service was reinstated then the consultation took place that would be better. Cllr Rosemary Liewald had brought along the latest Council waiting list, housing figures for the ward area, giving a breakdown of the housing needs for the area, but explained that these were literally updated on a daily basis. The list also detailed clients waiting to be housed.
Willie Clarke asked about planning in the Benarty area and the new housing at Kirkland Farm. Cllr Rosemary Liewald said that the application was for 140 houses but designated 110. The application looks like it would go through but it was sent back for adjustment for 4 and 5 bedroom houses to be included in the application. It was adjusted and although there was not a huge amount of 4 and 5 bedroom houses it would be likely that it will pass. Brian Menzies asked if the box rooms would be considered a third bedroom and Cllr Rosemary Liewald said she did not know and it would be something to be clarified. Brian Menzies also asked if the infrastructure such as schools and Drs would cope and Cllr Rosemary Liewald said it was a concern. Mary Nardone said that the schools would be able to cope and Cllr Rosemary Liewald agreed saying the capacity should be there for the next ten years. Tom Kinnaird said there were no one bedroom properties and Cllr Rosemary Liewald said that is true and she was not sure why. Mary Nardone said that it could be an issue with carers, and a second bedroom needed if a career was to help elderly residents.
Willie Clarke mentioned that there houses in Glencraig that were demolished ad that the Council have let it go into disrepair. Brian Menzies mentioned that it was a wooded area now but there is fly tipping going on and that he had taken some photographs. Cllr Rosemary Liewald said environmental health needs to be notified of that and that it should be cleaned out. Anne mentioned that at Lochgelly Recycling Centre some people had been turned away and Tom Kinnaird said that could be because they hadn’t phoned ahead, and phoning ahead is needed for larger loads taken to the recycling centre.
Brian Menzies mentioned about money Fife Council had received for re cladding houses and that Glencraig was promised to be next on the list but nothing has been done about re-cladding housing in Glencraig yet, and that Glencraig has a lot of pre war houses. Cllr Rosemary Liewald said she would look into it, confirming that it was re-cladding in regard to energy efficiency. Cllr Rosemary Liewald also mentioned that during the walkabout parking was an issue and that it was being looked into to convert some green areas in the Benarty are into parking bays, as this was the only way to increase available parking. Brian Menzies mentioned there should be walkabouts in other areas of Benarty and not just Ballingry. Cllr Rosemary Liewald said that was true but the councillors studied all areas of the constituency including Lochgelly and Benarty and that over time all the ward would be covered.
Tom Kinnaird asked if Fife Council build houses, and Cllr Rosemary Liewald replied yes, there were projects ongoing with Fife Council. Tom Kinnaird asked if Fife Council could build housing where land that had been up for sale and not sold could be used. Cllr Rosemary Liewald said that it could be looked at but Fife Council were building large housing projects such as the one in Oakley.
Cllr Rosemary Liewald said that she wished to congratulate Willie Clarke on his speech at the opening of the Meadows Visitor Centre, and that it was much talked about. One thing a lot of people were saying was that it was a great speech and that a lot of people took away the fact that Willie Clarke talked consistently about community and local people. Cllr Rosemary Liewald said that she had shared the speech on social media.
Lochore Meadows Board Report
Short report from Secretary was handed out and summarised. The report is hereby included:
Brief Report on Lochore Meadows Board Meeting of 24 April 2018
The first thing to note is that Community Councillor Tom Kinnaird stepped down as representative for Benarty Community Council to represent The Events Group on the Board. As a consequence Secretary of Benarty Community Council, John Purdie, with approval and knowledge of the Chair attended the meeting as Benarty Community Council representative.
The meeting was well attended and the first item discussed was the fishing situation. Ian Laing mentioned the report from the Forth trust and that things were still in the early stages. A separate meeting will be held regarding the fishing. Does the Community Council want me to attend this meeting? The opening day was discussed and ideas were asked for the public opening day. It was mentioned that the opportunity may have been missed but a sub group was formed to deal with options on a public opening day. Tom Kinnaird brought up the possibility of archaeology excavations, as per Community Council meeting in early April, and this was discussed in more detail. It is also mentioned in Tom’s Community Councillor report. The second part of the meeting concentrated on terms of reference and some detailed discussion was involved. A ‘Friends of the Meadows’ draft constitution will be brought to the next meeting along with guests from Craigtoun Country Park in St Andrews who have gone through this procedure and now run Craigtoun Country Park and who it is hoped can offer advice, suggestions and ways to avoid pitfalls. The next meeting will be 29 May.
On the subject of which meetings to attend it was agreed to leave it to the discretion of the Secretary but seek to attend as many meetings as possible.
Correspondence
Correspondence was dealt with, including those planning matters dealing with Benarty. Kevin Sayer confirmed he would attend our June meeting on the matter of stakeholder information and the council agreed to start the June meeting earlier to accommodate. The bus route for the 20A is due for renewal in August 2019 and our proposal to have the bus divert into the Meadows will be considered. Cllr Linda Erskine has helped with this matter and stays engaged on the topic. SEPA has issued a final warning to Mossmorran on the flaring and this was noted by the community council. While the final warning letters brings a close to SEPA’s regulatory investigation for June 2017 the unplanned flaring events for October 2017 and march 2018 are still under investigation. The Heritage Group submitted two letters, one for advertising which was delayed until the next meeting and the other in support of a Heritage Centre at the Meadows and a redrawing of the community boundaries. Lousie Mackenzie contacted the Community Council through social media to ask for a donation of seeds or similar to help with the gardening badge of the 33rd scout troop. It was decided to determine the area the group was in before committing.
Boundaries Group
Willie Clarke and Brian Menzies asked for a prepared letter to go to Steve Grimmond regarding the community boundaries and this was agreed. The letter was also to go to local Councillors and MSPs representing Mid Scotland and Fife. It was also agreed that the group set up for this should meet in Benarty Centre on 21 May at 7PM. Willie Clarke mentioned that it has been said that the boundary between Benarty and Lochgelly was the beginning of the railway bridge but Benarty have never contested that. Tom Kinnaird mentioned that it was people in Lochgelly who were saying that. Willie Clarke reiterated that Fife Council appear not to be able to give records of any submissions of Community Councils in Benarty and Lochgelly agreeing to this. Mary Nardone asked if Glencraig was in Lochgelly Community Council area why was no one in Glencraig ever on Lochgelly Community Council? Also why did people go to Fife Councillors Alex Campbell and Willie Clarke who were for the Benarty area and not to Lochgelly Councillors? Cllr Rosemary Liewald asked if Lochgelly Community Council want to discuss this and Willie Clarke said No. Mary Nardone said that Fife Council actions had not been helpful to date. Tom Kinnaird mentioned that Lochgelly Community Council were contacted by Benarty Community Council on the subject but Lochgelly Community Council issued an order to the Cowdenbeath Area Committee to dismiss the matter, and that Lochgelly Community Council did not support the request for a review but opposed it. Brian Menzies and Willie Clarke proposed that the statement be issued to the press and to Steve Grimmond along with MSPs for the area. This was agreed, and the statement will be taken to the press and released on Benarty Community Council’s Facebook page. An inaugural meeting of the Boundaries Group was to be set, either on the 21st or the 23rd of May. It was decided Monday the 21st would be best for the meeting. It was agreed the Community Council would pay for the first meeting of the Boundaries group. Brian Menzies proposed the letter be sent out to Steve Grimmond, Fife area MSPs and all Ward councillors, and Tom Kinnaird seconded this.
STATEMENT: Up until 2017 residents of Benarty and perhaps Lochgelly were under the impression Glencraig as a whole was included in the Benarty area. In November 2017 it was discovered by Benarty Community Council that there are issues with the boundaries of Benarty, the main one being the boundary between Benarty and Lochgelly, although there are other areas of concern.
Community Councils were setup in 1973, and Community councils are to represent the views of the community, and community is defined by historical, heritage and social links. Historically, socially and through heritage all of Glencraig is part of Benarty, not Lochgelly.
Electors in Glencraig vote in Benarty. We are being told that South Glencraig is in the Lochgelly Community Council jurisdiction. Benarty Community Councillors have contacted Fife Council and the Cowdenbeath Area Committee on the matter of the boundary between Benarty and Lochgelly with no positive results and a lot of unanswered questions. The largest dispute is that the boundary line between Benarty community and Lochgelly community is wrong. We have asked many questions since we discovered in 2017 the boundary between Benarty and Lochgelly was wrong but Fife Council have not been able to come up with correct and accurate records to answer out questions. There are no documents showing any request from Benarty or Lochgelly to review boundaries.
Did Lochgelly request that half of Glencraig be in their jurisdiction, if so what date did Lochgelly request the change? When did the Community Councils meet to discuss this change? Where are the records of this discussion? Where is the signed agreement to the boundary change? Where are the records of the eight week public consultation of the residents?
We request that you support our claim for Fife Council, local communities and Community Councils to work toward proper community council boundaries for Benarty. This can be done through a review of the Scheme for Establishment which consults all community councils on all aspects of community councils, including boundaries.
Benarty Community Boundaries Group
ADDITIONAL INFORMATION:
History of Glencraig, the village in Fife
The village was built to house the miners and their families for Glencraig Colliery in 1896. it was purchased from the Glencraig Estate by the Wilson and Clyde Coal Company and lay in two parishes. North Glencraig in the Parish of Ballingry and South Glencraig in the Parish of Auchterderran. The Fitty burn ran through the village. The colliery was in North Glencraig and at its height employed 1,200 men. North Glencraig had a miners institute and a bowling green, a play park for children, a newsagent, a pub (The Goth) and a post office. South Glencraig was the largest part of the village and had a shopping area, a cobbler, a chemist, a pub (The Hunters), a primary school, pipe band accommodation, a junior football ground, two barbers and a ladies hairdresser, work yards, bakers, co-ops, butchers, bakers, grocers and a drapery. There were also public toilet facilities. Access to each side of the village was the road bridge and a walking bridge over the Fitty burn. Most of the village was demolished in 1956 and the population re-housed in Ballingry.
Lochore Meadows Visitor Centre Opening
Willie Clarke said that he enjoyed the opening of the Visitor centre but that school children and members of the public should have been there. Willie Clarke mentioned others who worked towards the betterment of the area, including Tom Dair and Alex Sharp from Lochgelly who had over the years contributed much. Willie Clarke pointed out that it was important the people and community were involved.
Election Rules
A response was received by Steve Grimmond on our notification to Fife Council that their Election Rules for Community Councils were not being followed. The Community Council agreed to issue a prepared statement to be sent to Steve Grimmond and the MSPs for the area, and posted on Facebook. Brian Menzies proposed and Tom Kinnaird seconded.
BENARTY COMMUNITY COUNCIL
STATEMENT ON FIFE COUNCIL ELECTION RULES AND ELECTION RULES CONSULTATION
Fife Council contacted all Community Councils to inform them of a consultation on the Election Rules for Community Councils in Fife. Benarty Community Council reviewed the documents and noted that there was a serious discrepancy between the Scheme for Establishment of Community Councils in Fife and the Election Rules for Community Councils and brought this to the attention of Fife Council.
Fife Council looked at the matter and dismissed out of hand the concern, ironically using the same argument Benarty Community Council used, saying the Scheme for Establishment should be followed.
Benarty Community Council had pointed this out, the Scheme For Establishment says: –
6.1 Elections under this scheme shall be held in accordance with rules for Community Council Elections made by Fife Council.
and the rules state elections should be every three years.
2. The ordinary elections for Community Councils shall take place in 1998 and every three years thereafter.
The Scheme does go on to say the elections are on a four year cycle, but if the rules were not updated the intention was never implemented. The rules were not updated to implement the intention of a four year cycle. The result of this is that, in the opinion of Benarty Community Council, Fife Council have been running invalid Community Councils throughout the whole of Fife for seven years. The rules say there should have been an election in 2016 and then an election in 2019
The Scheme for Establishment says explicitly to follow the rules, and the rules say every three years. Fife Council have not been holding Community Council elections according to their own rules.
Fife Council are adamant that the Scheme is a ruling document, but it is clear the scheme is only an establishing document; hence the name. Fife Council also accept that other documents are superior to the Scheme, the most obvious being a Constitution. If any Community Council adopts their own Constitution and that Constitution is confirmed by Fife Council then the Community Council Constitution and not the Constitution described in the Establishing document has priority. The current rules should stand until there is a review of the Scheme for Establishment then all documents changed during that review.
Benarty Community Council
Any Other Business
There was no other business. Chair thanked everyone for attending and closed the meeting.
