BENARTY COMMUNITY COUNCIL
MINUTES OF THE MEETING AT BENARTY CENTRE THURSDAY 5 APRIL 2018, 6:30 pm to 9 pm
Present:
Community Councillors: John Purdie, David Moore, Willie Clarke, Anne Hay, Mary Nardone, Tom Kinnaird, Gordon Mackie.
Fife Councillors: Linda Erskine
Police Scotland: PC Barry Smith
Members of the public: Stewart Colquhoun
Apologies: Brian Menzies, Stephen Nardone, Frankie Hodge, Cllr Rosemary Liewald, Cllr Lea McLelland, Cllr Mary Lockhart.
Before the meeting commenced Secretary called for a Community Councillor to take the Chair. No one offered so Secretary took the Chair in addition to taking minutes. As a consequence the minutes of the meeting are abridged.
Chair welcomed all to the meeting.
Matters Arising
There was one matter arising from the previous minutes, Cllr Rosemary Liewald had noted that the Cardenden response unit is not set up yet but is in the process of being set up.
The minutes were proposed as correct by Tom Kinnaird and seconded by Willie Clarke.
Police Report
PC Smith gave the police report for the previous month including a detailed breakdown of figures and current operations and activities. Chair asked if there was any additional information on the Alcohol test purchasing mentioned in a previous report and PC Smith said that although it was still ongoing there were various problems and difficulties in running such a scheme. PC Smith mentioned the police were still looking for volunteers for the Community Speedwatch Programme, and it was hard getting volunteers.
PC Smith left the meeting.
Finance Report
Treasurer gave the finance report covering two months due to the March meeting being cancelled because of the extreme weather. Tom Kinnaird asked about the Bells project, noting that it had gone on for a long time. Treasurer explained that there had been a lot of changing of personnel at Fife Council dealing with this project but she had hopes that Kevin Sayer could take full control of the project and move it forward. Tom Kinnaird mentioned that the money for the project couldn’t be on standby indefinitely and Treasurer responded that Infinis have been very good about the project and their funding and would keep the money available.
Councillors Reports
Cllr Linda Erskine’s written report was handed round and read. Cllr Linda Erskine mentioned an issue with the ceiling in the shower room at the new buildings in Lochore Meadows but that was being dealt with. Cllr Linda Erskine drew attention to one item in the report which was a report given to the Cowdenbeath Area Committee on the impact and assessment of alcohol in the Cowdenbeath area. At the Cowdenbeath Area Committee the report was discussed and a range of views were given but it was decided to go back to the wards and present this to the local groups, in the hope that Community Councils could respond. There followed a general debate on alcohol consumption in the local area, focusing on younger members of the community.
The issue of local bus routes arose and the possibility of a bus route that involved going into Lochore Meadows was again brought up. Cllr Linda Erskine mentioned that the routes were most likely on a three year contract and may be up for renewal and advised the Community Council to contact the Chair of the Economy, Tourism, Strategic Planning and Transportation Committee if we wanted bus routes amended to include travel into the Meadows.
Correspondence
Secretary notified the Community Council that a twitter account had been set up for Benarty Community Council. It was agreed that items received not normally brought to the Community Council, such as weekly newsletters, could be posted on Facebook and twitter to inform the public of these events. Secretary also asked for permission to send documents by email to those who had email addresses rather than deliver by hand and this was agreed.
Notice was given of resignations received by the Community Council, Andrew Kirk in February and James Rafferty and Mary Ellen Rafferty in March. Stewart Colquhoun had submitted an application to become a Community Councillor by email and he was nominated by Gordon Mackie, seconded by Willie Clarke and thereby elected to the Community Council.
Secretary briefly went through correspondence from previous months and then updated the Community Councillors on recent correspondence. Fife Sailability had submitted an email looking for backing of their project at Lochore Meadows helping disabled people access sailing on the loch. They were seeking funding for a specially designed boat to help with such matters. Stewart Colquhoun mentioned the Weir Trust, set up by the lottery winners, which helps community projects with grants up to £10,000 and whose staff also help those applying with forms and guidance. Item handed in regarding the Pipe Band Competition. It was agreed that the Community Council donate and sponsor as previously.
Consultation on Revision of Community Council Election Rules
The Community Council received an email notifying us that a consultation was taking place on the Election Rules for Community Councils and responses had to be received by 23 April. Secretary notified the Community Council of a serious discrepancy in the rules and read out the following draft as a response to the email. Gordon Mackie asked if it was a serious matter. Chair said it was very serious, we could be invalid. Mary Nardone asked Are we illegal? Cllr Linda Erskine said it would affect all Fife Community Councils. It was concluded the email be sent to Steve Grimmond, with copies to all Ward Councillors, all Community Councillor Emails and Annabelle Ewing MSP.
Dear Steve Grimmond
Consultation on Revision of Community Council Election Rules
Benarty Community Council received an email dated 2 March 2018 on the above subject from Mike Melville as part of a consultation. Benarty Community Council wishes to point out the discrepancy below between the Scheme for Establishment of Community Councils in Fife (2011) and the Community Council Election Rules (2006). As can be seen the two operate different election periods. The Scheme for Establishment of Community Councils in Fife makes it clear in 6.1, on page 4, that Elections should be held in accordance with the rules, and the current Community Council Election Rules state in number 2, on page 1, that the Elections should be every three years. Fife Council is currently operating a four year election cycle for Community Councils appears to be in breach of the Community Council Election Rules.
In light of this serious discrepancy Benarty Community Council asks for this consultation to be halted immediately to allow for an inquiry into this matter which puts every Community Council in Fife at best in an invalid situation. Community Councils are statutory bodies and this discrepancy may also put the legal status of all Community Councils in Fife into doubt.
It should also be noted that Benarty Community Councils observes that documents concerning Community Councils in Fife that are on Fife Council website, fifedirect.org, appear to have been updated without any consultation: The Scheme For Establishment Document states it was updated in 2015/2016. The Rules document you point to in your email states an update of June 2016. These are potentially improper updating of official documents that have not went through the due process of consultation with Community Councils Fife Wide. To the knowledge of Benarty Community Council there were no consultations with Community Councils in 2015 or 2016 to warrant changes to these documents.
Benarty Community Council has copied various Fife Councillors and Benarty Community Councillors in addition to Annabelle Ewing, MSP for Cowdenbeath. Please see below for extracts from the documents referenced as evidence of our statements.
It is the opinion of Benarty Community Council that in depth and detailed legislation for Community Councils be brought through the Scottish Parliament to replace and update the 1973 Act.
We look forward to your response.
Regards
John Purdie
Secretary, on behalf of Benarty Community Council
Quoted references from current documents (Benarty Community Council bold)
SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS IN FIFE
Page 4
6.0 Elections
6.1 Elections under this scheme shall be held in accordance with rules for Community Council Elections made by Fife Council. Any rules made by Fife Council shall only be made following consultation with the Community Councils in Fife.
6.2 The ordinary elections for Community Councils shall take place in 2014 and every four years thereafter.
FIFE COUNCIL, COMMUNITY COUNCIL ELECTION, RULES
FC/COMCOUN/ELECTION RULES REVISED JULY 2006
Page 1
Frequency Of Elections
2. The ordinary elections for Community Councils shall take place in 1998 and every three years thereafter.
SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS IN FIFE
Page 23
The Scheme Scheme for the Establishment of Community Councils in Fife – This document provides a minimum framework governing the establishment and operation of Community Councils in Fife.
Community Council Becoming Statutory Consultee for Lochore Meadows
Secretary explained that the procedure to become a statutory consultee was a little more complicated than just asking to become one, and after some discussion it was decided to take up the offer by Kevin Sayer from a previous letter to address the Community Council on the subject and provide advice. It was agreed to invite Kevin to the June meeting.
Motion to set up a group to deal with the Community Council Boundary issue
The motion was read out and discussed. Willie Clarke mentioned that he had been informed Lochgelly Community Council intended to discuss this at their next meeting and that we should wait to see what they decided. Chair mentioned that we shouldn’t be dependent on outside bodies about Benarty Community Council decisions. Tom Kinnaird said we must allow Lochgelly the opportunity to respond. Chair asked Willie if he wanted to withdraw the motion. Willie said move it forward but keep it on the table and wait to see what responses we get from Lochgelly. This was agreed.
Treasurer asked for an item to be discussed before the next motion and Chair agreed. There will be a Miner’s Memorial Service pencilled in for Sunday 26 August, hoping to involve the schools and Treasurer was wondering if anyone would be willing to take part? There would be no great cost involved and local groups could contribute. The Community Council agreed to contribute and participate.
Mary Nardone and Anne Hay left the meeting.
Motion to oppose the construction of a boatshed at Lochore Meadows by St Andrews University and leasing of said boatshed by Fife Council to St Andrews University
The motion was read out and discussion ensued. There were concerns that the University Boat Club were not offering anything to the community despite assurances from the Consultation back in August and their attendance at a Community Council meeting. Willie Clarke mentioned that there had been claims of over fifty people attending the Consultation by the boat club but he checked the name sheet and there were only twenty one names on it. Willie Clarke suggested that we contact Perth Sailing Club to ascertain the circumstances of St Andrews University Boat Club leaving their grounds before coming to Lochore Meadows. It was pointed out that there had been no contact since early January, and that was in relation to a meeting in November 2017. Cllr Linda Erskine said she thought there may have been two or three meetings since then and it might be a good idea to get more up to date information before making a decision. This was agreed by the Community Council, and it was also agreed to invite Ian Laing and Kevin Sayer to the June meeting on that subject. The motion was deferred until more up to date information was received.
Any Other Business
Tom Kinnaird brought up an item about Archaeology at Lochore Meadows, in particular the possibility of a Roman Fort there. Tom Kinnaird contact the Fife Council Archaeologist who provided information for a possible dig at the site, some of which Tom read out: “The main cost would be digger rental, maybe 6 days at a total cost of around £1,800 . Then, with community volunteers under the direction of an archaeologist, a week or two’s digging would cost £2,500. You might want to plan for another £1,000 for radiocarbon dates.
“£6k all in should do the trick. This is a lot of money, but it’s a very small ask from a funding body like the Heritage Lottery Fund and if the cost were spread across two or three funders e.g. HLF, Fife Coast & Countryside Trust, Fife Council, the Fife Environment Trust etc, then the money should not be hard to raise. You might even be able to persuade a local company like Purves at Lochgelly to supply a man and a digger for free.
“It may be that in considering an excavation the best strategy would be to find c. £600 to pay for a test pit to be dug first to ascertain the depth and condition of the buried ground surface. Any further plans could be made or dropped on the back of the results of this test pit.”
The meeting was then closed.
