2016.E.C th August, am pm 1.30 pm 3.30 pm

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1 2016.E.C.609 THE FIFE COUNCIL - EXECUTIVE COMMITTEE - GLENROTHES. 16 th August, am pm 1.30 pm 3.30 pm PRESENT: ATTENDING: ALSO ATTENDING: APOLOGIES FOR ABSENCE: Councillors David Ross, David Alexander, Ann Bain, Tim Brett, Altany Craik, Neil Crooks, Dave Dempsey, Linda Erskine, Julie Ford, Brian Goodall, Judy Hamilton, Mark Hood, Lesley Laird, Susan Leslie, Karen Marjoram, Dorothea Morrison, Kay Morrison, Bryan Poole and Andrew Rodger; and Alistair Crockett. Steve Grimmond, Chief Executive; Eileen Rowand, Executive Director, Finance and Corporate Services, Shelagh McLean, Executive Director, Education and Children s Services, Louise Playford, Head of Education and Children s Services (Early Years and Early Primary), Avril Graham, Sustainable Estate Officer, Education and Children s Service Directorate; Fiona McKay, Head of Strategic Planning Performance and Commissioning and Claire Dobson, Divisional General Manager (West), Health and Social Care; Ken Gourlay, Head of Assets, Transportation and Environment, Chris Ewing, Senior Manager, Sustainability, Pam Ewen, Senior Manager, Planning, and Ronnie Hair, Property Development and Investment Manager, Enterprise and Environment Directorate; Paul Vaughan, Head of Corporate and Community Development, Robert McGregor, Sustainable Communities Manager, John Mills, Head of Housing Services, Alan Russell, Senior Manager, Housing Condition and Supply, Russell Gray, Lead Officer Housing Services, Keith Brown, Housing Manager and Gail Stepo, Communications Officer, Communities Directorate; Andrew Ferguson, Committee Services Manager, Committee Services, David Henderson, Team Manager/Adviser, Committee Services and Liz Box, Committee Administrator, Finance and Corporate Services Directorate. Niall Alexander, Affordable Credit Associate, Carnegie UK Trust. Councillors Pat Callaghan, Neale Hanvey and Joe Rosiejak and George Haggarty and Reverend Hugh Steele MINUTES (a) Executive Committee of 21st June, 2016 (b)/ The Committee approved the minute. DRAFT - SUBJECT TO CALL IN

2 2016.E.C.610 (b) Education Appointment Committee of 16th June, 2016 The Committee approved the minute. (c) Appeals Sub-Committees of 13 June, 20 June and 29 June, 2016 The Committee approved the minutes. (d) Appointments Sub-Committee 4 July, CALL-INS The Committee approved the minute. The Committee noted that there were no call-ins of decisions from the Executive Committee of 21st June, CHANGE OF MEMBERSHIP - EXECUTIVE COMMITTEE The Committee noted that Councillor Julie Ford had replaced Councillor Fay Sinclair as a member of the Executive Committee SOCIAL WORK REVIEW COMMITTEE OF 20 JULY, 2016 Previous minute reference Paragraph 316 of 2014 E.C. 233 refers. The Committee considered a report by the Head of Democratic Services, Finance and Corporate Services advising of the requirement for the Executive Committee to decide on the recommendations of the Social Work Review Committee of 20 th July, 2016, setting out any budgetary implications and explaining the Executive Committee s legislative obligations in handling Social Work complaints. (1) approved the recommendations of the Social Work Review Committee meeting of 20 th July, 2016; (2)/

3 2016.E.C.611 (2) noted the requirements of the relevant legislation and government guidance on the handling of Social Work complaints by a local authority; (3) noted that, in this instance, whilst no immediate direct budgetary provision was required in order to allow implementation of the measures detailed in the Social Work Review Committee s recommendations, some aspects of the follow-up proposals contained therein might have cost implications at a later stage; and (4) referred to the Health and Social Care Integration Joint Board, for consideration, the recommendations of the Social Work Review Committee relating to the review of provision for Alzheimer and Dementia sufferers in North East Fife and procedures to ensure that Health and Social Care had maximum input to proposals for further care home provision generally, as set out in the minute attached to the report CHANGE OF MEMBERSHIP - FIFE GOLF TRUST Previous minute reference paragraph 2 of 2012.F.C.41 refers The Committee was asked to appoint a member to the Fife Golf Trust to replace Councillor Willie Clarke from amongst the Liberal Democrat Group, Conservative Group and Independent members, in accordance with the decision of the Council on 9 August, 2012 that this place be offered to a member from one of these political groups. The Committee agreed that a replacement member be appointed to represent the Council on the Fife Golf Trust from amongst the Independent members, and that any Independent member who had an interest in the place on the Fife Golf Trust should forward their name to Democratic Services TOWARDS A SUSTAINABLE SCHOOL ESTATE - PROPOSAL TO CLOSE LOCHGELLY NORTH SCHOOL Previous minute reference paragraph 760 of 2016.E.C.561 refers The Committee considered a report by the Executive Director, Education and Children s Services presenting the statutory consultation report in respect of the proposal to close Lochgelly North School, for full consideration by members, and seeking approval to proceed with the recommendation contained within the report. (1)/

4 2016.E.C.612 (1) approved the closure of Lochgelly North School on 7 October 2016, on the terms outlined in the report; and (2) agreed that the Council should proceed to seek alternative uses for the Lochgelly North School site MADRAS COLLEGE: EDUCATION REQUIREMENTS The Committee considered a report by the Executive Director, Education and Children s Services seeking approval of the education requirements proposed by the Education Service for the replacement Madras College, and advising that this would allow the criteria identified in the report to be established to undertake a reassessment of site options, including previously identified sites and any other sites which had since come forward. Motion Councillor David Ross, seconded by Councillor Neil Crooks moved the recommendations in the report, subject to amendment to paragraph 4.1 of the report to remove the words the density of from criteria 3 as follows:- that the Executive Committee:- (1) agree the criteria that the developer (the Education Authority) had concluded were required to test any available site options for a future Madras College, as well as for assessment of sites for any future school developments as follows:- 1. a single school and site for the children and young people in order to both provide a coherent and efficient curriculum for all pupils and deliver the best value requirements; 2. a site where the net acreage was consistent with relevant space guidance in order that it could contain a school, as well as the open space, of sufficient size and appropriate shape to accommodate the peak forecast roll and an element of future expansion. The aspect ratio of the site should also be of suitable proportions to enable the design of the new school to create a building which was attractive and inspiring and would create a civic presence without being unduly constrained by the site; 3. a site should be located within the designated catchment area, where pupil population was greatest, whilst being accessible by foot, bicycle, car and public transport. It should be located to minimise pupil travel distance and support the delivery of appropriate community facilities; 4./

5 2016.E.C a sufficient site area to accommodate all curricular, external learning, sports facilities and community engagement, therefore any site would be assessed having regard to the size of the site and its ability to accommodate the school, and not only its curricular activities but all extracurricular activities In accordance with current Fife Council priorities; 5. a site which was able to ensure that the building design could deliver full accessibility for all pupils, staff and the public, including appropriate vehicular access and car parking facilities; 6. a site which could enable a design that would deliver a safe and secure environment, with east of movement throughout the building and the site; 7. the school should be available for occupancy within a reasonable timescale; 8. a site where the cost of the site and site preparation could be contained within the capital budget available for the project or where any increased costs could be accommodated within the wider Council s capital resources; and (2) agree the reassessment of the original sites, and any other sites which had since come forward, for the replacement Madras College, in accordance with the criteria set out at paragraph (1) above. Amendment Councillor Dave Dempsey, seconded by Councillor Dorothea Morrison moved as an amendment that the Committee accept that the recommendations in the report be approved subject to amendment to paragraph 4.1 to remove the words the density of from criteria 3 as set out above, but that additionally, criteria 1 be amended to include the definition of the site should be in line with the Court of Session Judgement on Pipeland. Vote Amendment Motion 1 vote 16 votes Accordingly, the Motion was carried. (1)/

6 2016.E.C.614 (1) agreed the criteria that the developer (the Education Authority) had concluded were required to test any available site options for a future Madras College, as well as for assessment of sites for any future school developments as follows:- (a) (b) (c) (d) (e) (f) (g) (h) a single school and site for the children and young people in order to both provide a coherent and efficient curriculum for all pupils and deliver the best value requirements; a site where the net acreage was consistent with relevant space guidance in order that it could contain a school, as well as the open space, of sufficient size and appropriate shape to accommodate the peak forecast roll and an element of future expansion. The aspect ratio of the site should also be of suitable proportions to enable the design of the new school to create a building which was attractive and inspiring and would create a civic presence without being unduly constrained by the site; a site should be located within the designated catchment area, where pupil population was greatest, whilst being accessible by foot, bicycle, car and public transport. It should be located to minimise pupil travel distance and support the delivery of appropriate community facilities; a sufficient site area to accommodate all curricular, external learning, sports facilities and community engagement, therefore any site would be assessed having regard to the size of the site and its ability to accommodate the school, and not only its curricular activities but all extracurricular activities In accordance with current Fife Council priorities; a site which was able to ensure that the building design could deliver full accessibility for all pupils, staff and the public, including appropriate vehicular access and car parking facilities; a site which could enable a design that would deliver a safe and secure environment, with ease of movement throughout the building and the site; the school should be available for occupancy within a reasonable timescale; a site where the cost of the site and site preparation could be contained within the capital budget available for the project or where any increased costs could be accommodated within the wider Council s capital resources; and (2)/

7 2016.E.C.615 (2) agreed the reassessment of the original sites, and any other sites which had since come forward, for the replacement Madras College, in accordance with the criteria set out at paragraph (1) above. Alistair Crockett left the meeting at this stage MUTUAL REPAIRS OUTCOME The Committee considered a report by the Head of Housing Services which presented the outcome of the review by the Housing and Building Services Policy Advisory Group (PAG) on improving the service to mutual owners of domestic properties and increasing opportunities to recover previously lost income from mutual repairs. (1) noted that Service procedures had been updated as part of the review of mutual repairs by the Housing and Building Services Policy Advisory Group, resulting in improved performance; (2) noted that the Housing and Building Services Policy Advisory Group (PAG) had commended the progress towards improving the quality of service to customers participating in a mutual repair with Fife Council and the opportunities to increase income recovery, as set out in the report; and (3) agreed that the new approach to mutual repairs and updated service procedures for income recovery be reviewed following one year of operation, and that a report be submitted to the appropriate Committee GENERAL FUND REVENUE BUDGET Previous minute reference paragraph 650 of 2015.E.C.487 refers The Committee considered a report by the Executive Director, Finance and Corporate Services providing an update on financial projections in the medium term, 2017 to 2020, in order that this might inform the development of budget proposals. (1) noted the report; (2)/

8 2016.E.C.616 (2) agreed that the information contained in the report be used as the basis for the development of initial budget proposals for and beyond; and (3) noted that the figures were subject to change following the UK Autumn Statement and the Scottish Government Spending Review TOWARDS A COMMUNITY DEVELOPMENT FINANCE INSTITUTION The Committee considered a report by the Head of Community and Corporate Development setting out a proposal to establish a Community Development Finance Institution (CDFI) in Fife, which had been developed through collaboration between Fife, West Lothian and Falkirk councils and advising that the proposal was supported by the recommendations of the Fairer Fife Commission relating to tackling poverty. In response to questions, the representative from the Carnegie UK Trust highlighted the benefits of the proposal to individuals and communities in Fife. (1) agreed to endorse the overall direction of travel and support the work being undertaken to establish a Community Development Finance Institution (CDFI) in Fife; (2) agreed to progress to a tendering exercise for the procurement of a CDFI service for Fife; (3) requested that a report on the outcome of that tendering exercise be submitted to the Committee along with recommendations for action; and (4) agreed that a report on the support and development of Credit Unions be brought to an early meeting of the Committee INFANT CREMATIONS The Committee considered a joint report by the Head of Assets, Transportation and Environment and the Head of Area Services providing an update on the implementation of the recommendations which were relevant to Fife Council from the Infant Cremation Commission s report by Lord Bonomy, and additional areas for action identified in the recently-published National Cremation Investigation Report by Dame Angiolini. The Chief Executive expressed his apologies, on behalf of the Council, to the families affected by the historic practices of the Council in relation to infant cremation and advised that he was writing to the families and would also seek an early resolution to any claims. Members of the Committee associated with his remarks. /

9 2016.E.C.617 (1) noted the update and implications for Fife Council provided within the report, following the Infant Cremation Commission Report (Bonomy Report) and National Cremation Investigation Report (Angiolini Report); and (2) noted that an action plan was being developed to address the requirements of these reports and agreed that the finalised action plan be referred to the Environment, Finance and Communities Scrutiny Committee. The Committee adjourned at p.m. and re-convened at 1.30 p.m. with the following members present:- PRESENT: Councillors David Ross, David Alexander, Tim Brett, Altany Craik, Dave Dempsey, Linda Erskine, Julie Ford, Brian Goodall, Judy Hamilton, Mark Hood, Lesley Laird, Karen Marjoram, Dorothea Morrison, Kay Morrison, Bryan Poole and Andrew Rodger RATIFICATION OF SESPLAN PROPOSED STRATEGIC DEVELOPMENT PLAN Previous minute reference paragraph 791 of 2016.E.C.583 refers The Committee considered a report by the Head of Economy, Planning and Employability Services seeking ratification of the SESplan Joint Committee decision to approve the SESplan Proposed Strategic Development Plan and associated documents. (1) agreed to ratify the decisions of the SESplan Joint Committee, as set out in the report to:- (a) approve the Proposed Strategic Development Plan (Appendix 1), the Equalities Impact Assessment (Appendix 2) and the Proposed Action Programme (Appendix 3) for public consultation; (b) note the Housing Background Paper (Appendix 4); (2)/ (c) agree that editorial changes to the above documents of a non policy nature, including the addition of outstanding graphics, were delegated to the Strategic Development Plan Manager in consultation with the SESplan Joint Committee Chair and Vice Chair; and

10 2016.E.C.618 (2) noted that Appendices 1 5 and other papers listed in the report could be accessed electronically through the link to the SESplan site on: TREATMENT OF RESIDUAL WASTE The Committee considered a report by the Head of Assets, Transportation and Environment seeking approval for a strategy for the treatment and disposal of residual waste from January 2021, and presenting a proposal and business case. In discussion, members sought further information on the proposal and business case to develop a long term approach to the treatment of waste in Fife. (1) approved the procurement strategy for the treatment of untreated residual waste from 1 January 2021 based on an interim, short term solution which would provide for the treatment of waste by one or more third parties at facilities that might be within or outwith Fife, to reduce the risk to the Council should a long term arrangement not be in place by January 2021; (2) asked the Head of Assets, Transportation and Environment to scope the development of a long term partnership solution and assess options, based on the treatment of waste in an appropriate facility in Fife to optimise employment, regeneration and renewable power and heat benefits for Fife s communities; and (3) agreed that a report be brought back to the Committee on paragraphs (1) and (2) above, at an appropriate stage. Councillor Kay Morrison left the meeting at this stage PROPERTY TRANSACTIONS The Committee considered a joint report by the Head of Assets, Transportation and Environment, the Head of Housing Services and the Head of Legal Services which outlined the day to day business of the Council matters relating to the purchase, disposal and leasing of property and of property rights requiring Council approval. The Committee agreed:- (1) all on terms to the satisfaction of the Heads of Assets, Transportation and Environment, the Head of Housing Services and the Head of Legal Services to:- (a)/

11 2016.E.C.619 (a) approve the disposal, at less than best consideration, of land at Phases 1 and 5, Fraser Avenue, Inverkeithing to Kingdom Housing Association as part of the South East Inverkeithing Regeneration project; (b) authorise an application for consent from the Scottish Government for the disposal of the land; (c) note the reduction of the Capital Receipt by 975,000; and (d) authorise the disposal of further phases on similar terms and conditions; (2) to note that a further report on the proposed disposal of an area at Recreation Park, Castle Road, Rosyth would be considered in private later in this Committee (paragraph 850 below refers); and (3) to note that a further report on the proposed acquisition and demolition of the former Police Station, Napier Road, Glenrothes would be considered in private later in this Committee (paragraph 851 below refers) EXCLUSION OF PUBLIC AND PRESS The Committee resolved that in terms of section 50(A)(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting for the item of business below on the grounds that paragraphs 849 and 850 below involved the likely disclosure of exempt information as defined in paragraphs 8 and 9 of Part 1 of Schedule 7A to the Act PROPERTY TRANSACTIONS REPORT - RECREATION PARK ROSYTH (PRIVATE REPORT). The Committee considered a report by the Head of Assets, Transportation and Environment seeking approval for the disposal of an area of Recreation Park at Rosyth on the terms set out in the report (paragraph 848 (2) above refers). The Committee agreed on terms to the satisfaction of the Heads of Asset Transportation and Environment and the Head of Legal Services:- (1) to approve the disposal of an area of Recreation Park, Rosyth; (2) to note that it was expected that suitable arrangements for re-location would be concluded with the Rosyth Junior Football Club, and that any associated costs would be limited to within the amount set out in the report. 851./

12 2016.E.C DEVELOPMENT SITE AT NAPIER ROAD, GLENROTHES (PRIVATE REPORT) The Committee considered a report by the Property Investment and Development Manager advising of the proposed acquisition of the site comprising the former Police Station at Napier Road, Glenrothes, and seeking authority to undertake demolition works to facilitate the creation of a larger development site and secure the disposal of the combined site on the open market, subject to final land use options being confirmed (paragraph 848 (3) above refers). (1) noted the decision under the Scheme of Delegation to proceed with the purchase of the Subjects from Police Scotland on terms to the satisfaction of the Head of Legal Services, with the view to undertaking demolition and site clearance works to facilitate the creation of a development site comprising the Subjects together with the Council s adjoining land in this location; (2) noted that the purchase and demolition costs would be met from the capital budget within the Town Centres Regeneration Fund and agreed that any disposal receipts from the sale of any part of the Subjects be used to replenish that Fund for future investment in town centre projects with any surplus disposal receipts be used towards capital receipts; and (3) authorised the Head of Economy, Planning and Employability to finalise land use options and undertake to secure the disposal of the whole or part of the Subjects on the open market and to conclude any such disposal on terms and conditions to the satisfaction of the Head of Economy, Planning and Employability Services and the Head of Legal Services.