2007.P.F.A.M.1
THE FIFE COUNCIL - POLICY, FINANCE & ASSET MANAGEMENT COMMITTEE -
GLENROTHES.
2nd August, 2007
10.00 a.m. - 1.25 p.m.
2.00 p.m. - 2.50 p.m.
PRESENT:
Councillors Peter Grant (Chair), David Alexander, Andrew Arbuckle,
Tim Brett, Pat Callaghan, Douglas Chapman, Neil Crooks, Dave Dempsey,
Fiona Grant, Mark Hood, George Kay, William Kay, Alice McGarry,
Tony Martin, Bryan Poole, Elizabeth Riches, Joe Rosiejak, David Ross,
Alex Rowley, Mike Scott-Hayward, John Simpson and Alice Soper.
ATTENDING:
Ronnie Hinds, Chief Executive; Michael Enston, Executive Director
(Performance & Organisational Support); Iain Grant, Committee Manager
and Steve Thompson, Committee Administrator, Law & Administration
Service; Lynne Harvie, Organisational Development Manager, Policy &
Organisational Development Service; Lesley Ratomska, Communications
Officer, Customer Relations Management Service; Ian Robertson, Head of
Service Support and Michael McArdle, Lead Professional (Estates),
Service Support; Steve Grimmond Head of Community Services; Brian
Livingston, Financial Services Manager and Eileen Rowand, Accounting
Team Leader, Finance & Procurement Service; and John Alexander,
Senior Manager, Social Work Service.
APOLOGY
FOR ABSENCE: Councillor George Leslie.
1.
WELCOME AND INTRODUCTIONS
This being the first meeting of the Policy, Finance & Asset Management Committee,
Councillor Peter Grant welcomed those present to the meeting and introductions
were made.
2.
DECLARATIONS OF INTEREST
Councillor Bryan Poole declared an interest in paragraph 15 as manager of CVS Fife.
Councillor David Ross declared an interest in paragraph 15 by reason of his carrying
out work for a group mentioned in the report on this item.
3.
MEMBERSHIP OF COMMITTEE
Members considered a report dated 2nd July, 2007 by the Head of Law and
Administration detailing the membership of the Committee.
Decision
The Committee noted the membership of the Policy, Finance & Asset Management
Committee.
4.
APPOINTMENT OF VICE-CHAIR
Decision
It was agreed to appoint Councillor Elizabeth Riches as Vice-Chair of the Committee.
5./
CFP/NEW FISH/STRATEGIC COMM/MINUTE OF POLICY, FINANCE & ASSET MANAGEMENT COMMITTEE OF 020807 - AM
2007.P.F.A.M.2
5.
MEMBERSHIP AND REMIT OF SUB-COMMITTEES
The Committee considered a report dated 19th July, 2007 by the Head of Law and
Administration advising of the membership and terms of reference of the various
Sub-Committees reporting to the Policy, Finance & Asset Management Committee.
Decision
The Committee agreed as follows -
(1)
to note the membership and terms of reference of the Appeals
Sub-Committee, Appointments Sub-Committee and Superannuation Fund &
Pensions Sub-Committee;
(2)
that a member of the Opposition Groups be appointed to Chair the Appeals
Sub-Committee, the name of the Chair to be provided to the Head of Law
and Administration; and
(3)
to appoint Councillors Jim Burke and Susan Leslie as Depute Chairs of the
Appeals Sub-Committee.
6.
APPOINTMENTS TO PARTNER ORGANISATIONS
The Committee considered a report dated 19th July, 2007 by the Head of Law and
Administration recommending that appointments be made to a number of partner
organisations.
Decision
The Committee approved the appointments as follows -
(a)
The Alliance (formerly Coalfield Communities Campaign)
Decision
Motion
Councillor Peter Grant, seconded by Councillor Elizabeth Riches, moved that
Councillor Arthur Robertson be appointed as the Council’s voting member
and no non-voting members be appointed to the organisation.
Amendment
Councillor Mike Scott-Hayward, seconded by Councillor Dave Dempsey,
moved that consideration of the appointment of representatives on the
organisation be referred to Council.
Vote
Amendment
-
10
Motion
-
12
The motion was carried and accordingly, it was agreed to appoint Councillor
Arthur Robertson as the Council’s representative on The Alliance.
(b)/
2007.P.F.A.M.3
(b)
Citizens Advice and Rights Fife (CARF)
Decision
The Committee agreed to appoint Councillors Fiona Grant and Susan Leslie
as the Council’s nominated Directors.
(c)
Scottish Local Government Forum Against Poverty
Decision
The Committee agreed that three members be appointed, namely Councillors
Fiona Grant, Jacqui McKenna and one member of the Opposition Groups,
the name to be provided to the Head of Law and Administration.
(d)
Fife Employer Liaison Committee
Decision
The Committee agreed that Councillor Elizabeth Riches be appointed.
7.
VACATION POWERS
The Committee considered a report dated 19th July, 2007 by the Head of Law and
Administration advising of matters dealt with under Vacation Powers in relation to (a)
the attendance of Councillors Tom Adams and Arthur Robertson at meetings of The
Alliance (formerly Coalfield Communities Campaign) on 8th June and 20th July, 2007
and (b) the award of a Common Good grant of £1,500 to Leslie Community Council
Gala Committee towards the cost of providing entertainment at Leslie Gala on 4th
August, 2007.
Arising from consideration of the report, Councillor Fiona Grant expressed her thanks
for the common good award in respect of the Leslie Gala and Councillor Peter Grant
confirmed that steps would be taken to carry out a review of the funding and support
provided to Gala Committees across Fife and all members of Council would be given
the opportunity to input to the review.
Decision
The Committee noted the matters approved under Vacation Powers.
8.
SERVICE OVERVIEWS
(a)
Performance & Organisational Support
The Committee considered a report by the Executive Director (Performance
& Organisational Support) providing an overview of the Performance &
Organisational Support Directorate which comprised three services - Policy &
Organisational Development, Customer Relations Management and Law and
Administration. It was indicated that the services focused on corporate
governance, organisational effectiveness and performance improvement.
The report outlined the key objectives, functions and responsibilities of each
of the services, highlighted key aspects of the services’ resources and
provided a selection of performance information about each service.
Arising/
2007.P.F.A.M.4
Arising from consideration of the report, Michael Enston agreed to provide
Councillor Mike Scott-Hayward with details of the level of staff employed
within the Performance & Organisational Support Directorate during each of
the past five years. He also agreed to (a) provide Councillor Dave Dempsey
with updated figures on the number of apprentices/trainees employed by the
Council and (b) circulate a briefing note to new members on the Single Status
Agreement. Councillor Peter Grant confirmed that a review would be
undertaken of the value of communication newsletters distributed by the
Council. Councillor Mike Scott-Hayward also requested that Law &
Administration should give additional priority to the production of byelaws.
Decision
The Committee noted the contents of the report and agreed that specific
questions on any aspect of the report should be directed to the relevant Head
of Service.
(b)
Finance & Resources
The Committee considered a report dated 13th July, 2007 by the Executive
Director (Finance & Resources) providing an overview of the Finance &
Resources Directorate comprising Finance and Procurement (FaP) and IT
Services (IT). It was indicated that both FaP and IT were predominantly
support services assisting in the efficient, effective and economic delivery of
frontline services. In addition, Finance also had important frontline contact
with members of the public in relation to the collection of Council income i.e.
Council Tax, Non-Domestic Rates and invoiced charges, the administration
of Housing and Council Tax Benefit, insurance for tenants/events, and
insurance claims.
The report outlined the key objectives, functions and responsibilities of the
services, highlighted key aspects of the services’ resources and provided a
selection of facts and figures giving an indication of the scale of the
contribution made to the Council by the Finance & Resources Directorate.
Decision
The Committee noted the contents of the report.
(c)
Service Support
The Committee considered a report dated 24th July, 2007 by the Head of
Service Support providing an overview of Service Support which was part of
the Environment & Development Services Directorate and comprised five
Business Units, namely Building Services, Catering & Cleaning, Corporate
Asset, Facilities and Fleet Services. It was indicated that each Unit focused
on delivering an extensive range of frontline services, supporting
implementation of the Council’s corporate priorities, and supporting other
services achieve their planned objectives and performance targets. The
specific areas of responsibility of each Unit were highlighted within the report,
along with the main duties and functions carried out by the relevant
managers.
The/
2007.P.F.A.M.5
The report also provided information on resources within Service Support,
highlighted the contribution made in leading cross-cutting initiatives in
partnership with other Council services and Community Planning partners,
and outlined key areas to be addressed in 2007/08 as part of the Service
Support improvement agenda.
Decision
The Committee noted the contents of the report.
9.
MINUTES
(a)
Fife Partnership Group of 28th March and 6th June, 2007
The Committee considered the minutes of meetings of the Fife Partnership
Group held on 28th March and 6th June, 2007.
Discussion ensued on a number of issues relating particularly to possible
incorporation of the Fife Partnership and the need for wider discussion on the
Community Plan, including involvement of local communities. Arising from
the discussion, Councillor Mike Scott-Hayward, seconded by Councillor Dave
Dempsey, moved that a full report on issues relating to incorporation of the
Fife Partnership be submitted to the next meeting of this Committee.
Vote
For the motion
-
2
Against the motion -
20
Decision
The Committee approved the minutes and agreed that a copy of the
presentation “City Regions: The Opportunities and Challenges for Fife” be
circulated to all members of the Committee.
(b)
Appeals Sub-Committee of 2nd July, 2007
Decision
The Committee considered and approved the minute of meeting of the
Appeals Sub-Committee held on 2nd July, 2007.
(c)
Appointments Sub-Committee of 5th July, 2007
Decision
The Committee considered and approved the minute of meeting of the
Appointments Sub-Committee held on 5th July, 2007.
10.
ELECTIONS 2007
Previous Minute Reference - Paragraph 455 of 2007.P.R.302
The Committee considered a report dated 26th July, 2007 by the Chief Executive
providing a review of the Scottish Parliament and Local Government elections held on
3rd May, 2007. The report covered a number of issues including the planning and
management of the elections; problems arising from delays in the issue of postal
votes; the unacceptably high number of Parliamentary ballot papers that required to
be/
2007.P.F.A.M.6
be rejected, which appeared to be attributable to the design of the form; and the
conduct of the poll. With regard to rejected ballot papers, it was indicated that whilst
the percentage of ballot papers rejected in Fife had increased from 2003, the total
number was below the Scottish average in relation to both the Parliamentary and
Local Government elections.
The report also highlighted difficulties that arose during the count in relation to the
management and communications systems, and the steps taken to raise voter
awareness prior to the elections. It was indicated that given the scale and complexity
of the count operation, as regards the next elections serious consideration would be
given to commencing the count in the morning of the day following the elections
rather than overnight. The report advised that during the election period, a number of
issues of concern relating to the administration of the election in Scotland had been
identified and the Electoral Commission had appointed an independent election
expert to lead a review of the Scottish elections. The review would cover legislation,
the combination of elections, ballot paper design, postal voting, count timing issues,
the electronic results system including rejected ballot papers, public awareness,
roles, relationships and accountabilities and other matters. It was indicated that
comments on the aspects of the election subject to review had been passed to
SOLACE (Society of Local Authority Chief Executives) who would co-ordinate the
views of the Returning Officers.
A number of concerns were raised by members relating to a wide variety of issues
and Ronnie Hinds and Iain Grant responded to various questions and comments.
Decision
The Committee agreed as follows -
(1)
to note the arrangements made for the planning and conduct of the elections
in Fife and Mid-Scotland in May, 2007;
(2)
to note the difficulties encountered prior to and during the count, the reasons
for these and the factors which need to be addressed to prevent their
recurrence at future elections;
(3)
to note the high level of commitment made by staff of the Council and others
to the administration of the elections and the promotion of voter awareness;
and
(4)
to note the work of the Scottish Elections Review and that the Chief
Executive intended to submit a further report to the Committee on conclusion
of that review.
C 11.
POLITICAL GOVERNANCE
(a)
Standing Orders
Previous Minute Reference - Paragraph 4 of 2007.F.C.2
The Committee considered a report dated 5th July, 2007 by the Head of Law
and Administration indicating that following the decision of Council to review
Standing Orders, consultations had taken place with political groups and
independent members and a number of changes were proposed. The
amended Standing Orders were attached as an Appendix to the report for
consideration/
2007.P.F.A.M.7
consideration prior to submission to the Council meeting on 16th August,
2007. It was indicated that the changes were designed to address a number
of points which had been made by councillors in the last year as well as
some matters which had been raised during the consultation period.
The report also commented on various observations made by Councillor
Mike Scott-Hayward, on behalf of the Conservative Group, in a letter dated
25th July, 2007, a copy of which was also attached as an Appendix to the
report.
Motion
Councillor Peter Grant, seconded by Councillor Elizabeth Riches, moved that
the Committee recommend to Council that the Standing Orders, as amended,
be approved.
Amendment
Councillor Mike Scott-Hayward, seconded by Councillor Dave Dempsey,
moved that the amended Standing Orders be recommended for approval
subject to provision being made to allow members to put questions to the
Provost or Chair of a Committee specifically for a written reply with both the
question and written answer being recorded in the relevant minute.
Vote
Amendment
-
2
Motion
-
13
Decision
The Committee recommended to Council that the amended Standing Orders
attached to the report be approved.
(b)
Scheme of Administration
Previous Minute Reference - Paragraph 7(b) of 2007.F.C.3
The Committee considered a report dated 5th July, 2007 by the Head of Law
and Administration advising of proposed changes to the Council’s Scheme of
Administration to reflect the amended committee structure previously agreed
by the Council on 17th May, 2007. The amended Scheme was attached as
an Appendix to the report for consideration prior to submission to the Council
meeting on 16th August, 2007.
Councillor
Bryan
Poole
suggested that consideration be given to including a
reference in the Scheme to the need for partnership working between
Strategic Committees and external organisations and Councillor Peter Grant
confirmed that the Administration would discuss this proposal with the
appropriate officers. Councillor Grant also confirmed that the new committee
structure recently approved by Council would be reviewed on an annual
basis.
Motion
Councillor Peter Grant, seconded by Councillor Elizabeth Riches, moved that
the Committee recommend to Council that the Scheme of Administration, as
amended, be approved.
Amendment/
2007.P.F.A.M.8
Amendment
Councillor Dave Dempsey, seconded by Councillor Mike Scott-Hayward,
moved that the amended Scheme of Administration be recommended for
approval subject to (a) provision being made to require Strategic Committees
to refer any matter specific to a single committee to the Area Committee for
that area and (b) the terms of reference for Area Committees being amended
to provide for final determination of all planning applications wholly within the
committee area requiring a committee decision, and which are not remitted in
advance to the Planning Committee.
Vote
Amendment
-
2
Motion
-
14
Decision
The Committee recommended that Council approve the amended Scheme of
Administration attached to the report.
12.
ROLES AND RESPONSIBILITIES OF COUNCILLORS
Previous Minute Reference - Paragraph 7(c) of 2007.F.C.3
The Committee considered a report dated 5th July, 2007 by the Head of Law and
Administration attaching appendices setting out proposed job descriptions for
councillors, senior councillors and the Leader of the Council, as recommended by the
Scottish Local Authorities Remuneration Committee. Also attached to the report was
a job description for the Provost based on responsibilities currently undertaken.
In response to questions by members, Ronnie Hinds advised that the officers were
currently preparing a protocol relating to the management of multi-member wards and
a report would be submitted to a future meeting.
Decision
The Committee agreed as follows -
(1)
to approve the job descriptions contained in the Appendices to the report
subject to adjustment to the key purpose/roles of all councillors detailed in
Appendix 1 to indicate that members would champion the best interests of
Fife and not “the Council and the community” as stated in the Appendix; and
(2)
that the job descriptions be issued to all members and made available to the
public through Fife Direct and Local Offices.
13.
ESTABLISHMENT OF SPORT AND LEISURE TRUST
Previous Minute Reference - Paragraph 337 of 2006.A.S.173
The Committee considered a joint report by the Head of Community Services and the
Executive Director (Finance & Resources) recommending the establishment of a
single Sport and Leisure Trust to manage and operate the Council’s sports centres
and swimming pools.
The report indicated that the use of trusts for the management and operation of sport
and leisure facilities was now the predominant approach in Scotland, with more than
two-thirds of local authorities delivering their sport and leisure provision using this
model. It was suggested that a single sport and leisure trust offered the combined
benefits/
2007.P.F.A.M.9
benefits of business focus, greater financial stability and economies of scale and in
order to ensure that there were strong mechanisms to allow local community input, it
was proposed to establish Area Advisory Management groups, similar to those
currently existing at some sport centres, to enable local elected members and sports
and community groups to influence local sports delivery. It was anticipated that this
would form a key part of the trust’s mechanism. In keeping with other trust
arrangements developed by the Council, it was proposed to establish the sport and
leisure trust as a “Company Limited by Guarantee” and the key elements of the draft
Memorandum and Articles of Association were highlighted in the report.
It was intended that whilst the trust would take on responsibility for the management
and operation of the Council’s main sports centres and swimming pools, these
facilities would remain in the ownership of the Council but would be the subject of a
long term lease to the trust at a peppercorn rent of £1 per annum. It was also
proposed that the trust should manage and operate the two new facilities at Duloch
Park Centre and Pitreavie Athletics Training Centre, Dunfermline which would open in
August, 2007. The report confirmed that the transfer of staff to the trust had been
investigated and the Transfer of Undertakings (Protection of Employment)
Regulations 2006 (TUPE) would apply, thus ensuring that terms and conditions of
service in place at the point of transfer would continue via the trust. An initial five
year financial plan had been developed for the trust which demonstrated that the trust
should be able to operate successfully and build up a satisfactory level of balances.
A summary financial plan was attached as Appendix 1 to the report.
With regard to the redevelopment/replacement costs for the three major sports
facilities currently operated by the Council, these were now estimated at £50m.
Appendix 3 to the report set out the current predicted construction programme and
indicated proposed start dates for Carnegie Leisure Centre, Fife Institute and
Kirkcaldy Swimming Pool of April, 2008, April, 2009 and April, 2010 respectively. It
was also intended that a Management Agreement be put in place between the trust
and the Council which would define the responsibilities of both parties. The initial
Management Agreement would operate for a period of five years from 1st April, 2008
until 31st March, 2013 and would be subject to quarterly review in its first year of
operation.
During the course of discussion, contributions were made by a number of members
on the pros and cons of establishing a trust to manage the Council’s sports centres
and swimming pools and it was accepted that funding the cost of redevelopment/
replacement of the Carnegie Leisure Centre, Fife Institute and Kirkcaldy Swimming
Pool should not be at the expense of investment in other sports facilities across Fife.
It was also agreed that the Management Agreement with the trust should not
preclude the Council from taking up future investment opportunities in partnership
with other external organisations.
Motion
Councillor Peter Grant, seconded by Councillor Tony Martin, moved that the
recommendations in the report be approved.
Amendment
Councillor Alex Rowley, seconded by Councillor Pat Callaghan, moved that the
question of establishing a trust be referred to Council following a full consultation
process and more details being obtained on the financial and other ramifications of
setting up a trust to run the Council’s sports and leisure facilities.
Vote/
2007.P.F.A.M.10
Vote
Amendment
-
7
Motion
-
14
Decision
The Committee agreed as follows -
(1)
to confirm agreement to the establishment of a single trust to manage and
operate the Council’s sports centres and swimming pools;
(2)
to establish a Company Limited by Guarantee to be known as the “Fife Sport
& Leisure Trust”;
(3)
to appoint four elected members, the Executive Director (Finance &
Resources) and the Head of Community Services as Directors of the Fife
Sport & Leisure Trust;
(4)
that it be remitted to Council to consider the names of the elected members
to serve on the Fife Sport & Leisure Trust;
(5)
to approve the TUPE transfer of staff employed in the sports centres and
swimming pools to the trust on commencement of trading; and
(6)
that it be remitted to the Heads of Community Services and Service Support
and the Executive Director (Finance & Resources) to conclude the lease and
Management Agreement with the trust on the basis outlined in the report, and
otherwise on terms and conditions to the satisfaction of the Head of Law and
Administration.
Councillor William Kay left the meeting during consideration of the above item.
14.
REINSTATEMENT OF LIBRARY AND MUSEUM CLOSURES
The Committee considered a report dated June, 2007 by the Head of Community
Services setting out proposals for the continued operation of Colinsburgh, East
Wemyss, Pitteuchar and Thornton libraries, and the John McDouall Stuart Museum,
Dysart which had previously been earmarked for closure in October, 2007.
It was indicated that following the Administration’s announcement that they were
reprieving the facilities, Community Services had suspended the moves towards
closure with a view to ensuring continued operation through the summer and into the
future. The report advised that the part year closure proposals from October, 2007
and the saving of £46,000 which flowed from this had been built into the Community
Services base budget. The implications of reinstating the closures was a requirement
to identify an alternative means of saving the £46,000 which could not be contained
within the overall Council budget or from balances. The report set out proposals for
managing the financial implications and indicated that the costs would be met through
savings from staffing costs, increased income realisation and reduction in grounds
maintenance works. It was indicated that any temporary reduction in grounds
maintenance would be reviewed in 2008/09. The report advised that the full year cost
of operation of the facilities was £92,000 and it was anticipated that the Executive
Director (Finance & Resources) would build this level of recurring cost into future
years’ base budget.
During/
2007.P.F.A.M.11
During the course of discussion, Steve Grimmond confirmed that every effort would
be made to minimise the element of reduction in grounds maintenance spend across
Fife to meet the balance of the £46,000 required.
Decision
The Committee agreed to the reinstatement of budget and continued operation of
Colinsburgh, East Wemyss, Pitteuchar and Thornton libraries, and the John McDouall
Stuart Museum, Dysart and remitted to the Head of Community Services to achieve
an equivalent level of budget saving through the proposals outlined in the report.
15.
SUPPORT FOR VOLUNTARY ORGANISATIONS - SOCIAL WORK SERVICES
Previous Minute Reference - Paragraph 367 of 2007.A.S.189
Having declared an interest, Councillors Bryan Poole and David Ross left the meeting
for this item.
The Committee considered a report dated 27th July, 2007 by the Executive Director
(Social Work) setting out proposals to reinstate reductions in grant funding to
voluntary organisations supported by the Social Work Service, previously agreed by
the Adult Services Committee.
The report advised of the outcome of consultations held with relevant voluntary
organisations affected by the grant reductions and indicated that restoring grants to
the levels awarded in 2006/07 would require savings of £149,327 which would require
to be identified from elsewhere within the Social Work budget. The report proposed
that the savings be achieved through reduction in the number of residential and
nursing home placements and complex needs adult placements.
Decision
The Committee agreed as follows -
(1)
to approve the recommended additional awards as set out in the Appendix
attached to this minute, thereby restoring the funding available to the
organisations to the level awarded in 2006/07; and
(2)
that the savings required to restore funding be met from general balances.
The meeting adjourned at 1.25 p.m.
____________________________
The meeting reconvened at 2.00 p.m.
PRESENT:
Councillors Peter Grant (Chair), Andrew Arbuckle, Tim Brett, Douglas
Chapman, Neil Crooks, Dave Dempsey, Fiona Grant, Mark Hood, George
Kay, Alice McGarry, Tony Martin, Elizabeth Riches, Joe Rosiejak, David
Ross, Alex Rowley, Mike Scott-Hayward, John Simpson and Alice Soper.
ATTENDING:/
2007.P.F.A.M.12
ATTENDING:
Ronnie Hinds, Chief Executive; Michael Enston, Executive Director
(Performance & Organisational Support); Iain Grant, Committee Manager
and Steve Thompson, Committee Administrator, Law & Administration
Service; Lynne Harvie, Organisational Development Manager, Policy &
Organisational Development Service; Lesley Ratomska, Communications
Officer, Customer Relations Management Service; Ian Robertson, Head of
Service Support and Michael McArdle, Lead Professional (Estates),
Service Support; and Brian Livingston, Financial Services Manager,
Finance & Procurement Service.
APOLOGIES
FOR ABSENCE: Councillors David Alexander, Pat Callaghan, William Kay, George Leslie
and Bryan Poole.
16.
PROPERTY TRANSACTIONS
The Committee considered a report by the Head of Service Support on property
transactions relating to (a) disposal of the Sunshine Nursery, 49 Whytescauseway,
Kirkcaldy; (b) an occupational sub-lease in relation to the former Robert Henryson
School, Dunfermline; (c) disposal and excambion of land at Chapel, Kirkcaldy; (d)
sale of the former Music House, Overton Road, Kirkcaldy; (e) disposal of the former
Police Call Point, Main Street, Newmills; (f) disposal of 500 square metres of land at
Westfield Avenue, Cupar; (g) sale of Mitchell Hall Cottage, 49A Main Street,
Kinglassie; (h) the lease of 1 Faraday Road, Southfield, Glenrothes; and (i) the lease
of properties to the Arts & Theatres Trust Fife Limited. The report also gave details of
disposals of various properties that had been dealt with under expedited powers.
With regard to the proposed lease of properties to the Arts & Theatres Trust Fife
Limited, it was noted that both the Adam Smith Theatre, Kirkcaldy and the Carnegie
Hall, Dunfermline were considered to be Common Good properties and the granting
of a long lease would be termed as a disposal of these assets and would require to
be approved by the Sheriff.
In the course of discussion, Brian Livingston and Michael McArdle responded to
questions by members and Councillor Peter Grant confirmed that issues relating to
the Council’s current policy in regard to disposal of assets would be the subject of
future discussion by the Committee.
Decision
The Committee agreed as follows -
(1)
to authorise the appropriate officers to conclude the transactions detailed in
the report on terms and conditions to their satisfaction subject, in the case of
the lease of the Lochgelly Centre to the Arts & Theatres Trust Fife Limited, to
confirmation that the lease would not affect public access to the public
conveniences in the Centre;
(2)
to authorise the Head of Law and Administration to present a petition to the
Sheriff to enable the leases of the Adam Smith Theatre, Kirkcaldy and the
Carnegie Hall, Dunfermline to proceed; and
(3)
to note the transactions dealt with under expedited powers.
17./
2007.P.F.A.M.13
17.
JOINT NEGOTIATION & CONSULTATION FORUM (JNCF) - REVISED
OPERATING PRINCIPLES
The Committee considered a report dated 6th July, 2007 by the Executive Director
(Performance & Organisational Support) indicating that following changes to the
Council’s political and senior management structures, membership of the Joint
Negotiation & Consultation Forum (JNCF), which enabled formal negotiation and
consultation between the Council and the recognised Trades Unions, required to be
updated.
Decision
The Committee agreed as follows -
(1)
that the JNCF should comprise the following members/officers -
Council
Representation
Chair of the Policy, Finance & Asset Management Committee or nominated
substitute
Vice-Chair of the Policy, Finance & Asset Management Committee or
nominated substitute
One representative of the Opposition parties, name to be provided to the
Head of Law and Administration.
Management Representation
Executive Director (Performance & Organisational Support)
Executive Director (Finance & Resources) (or substitute).
Policy & Organisational Development (HR)
Human
Resources
Manager
Human Resources Service Manager; and
(2)
to note that a further report would be submitted to a future meeting on the
outcome of the existing review of the operating principles for both the JNCF
and Service Forums, and Trades Union facility time and support.
18.
EQUALITY AND DIVERSITY STRATEGY - ANNUAL REPORT AND FORWARD
PLAN
Previous Minute Reference - Paragraph 339 of 2006.P.R.224
The Committee considered a report dated 18th July, 2007 by the Executive Director
(Performance & Organisational Support) reviewing the Council’s Equality and
Diversity Strategy 2006 - 2009 which set out the Council’s approach and priorities for
achieving equality of opportunity and tackling discrimination in service delivery. The
report outlined the current legislative context and indicated that the Council had
received and responded to three formal notices from the Commission for Racial
Equality and the Disability Rights Commission where there was a perceived failure to
comply with the relevant legislation. It was confirmed that action was being taken to
tackle any substantive concerns raised and to revisit the legislation to ensure full
compliance with the duties in the respective Acts.
Appended/
2007.P.F.A.M.14
Appended to the report were details of the Council’s progress to date against the
Integrated Equalities Action Plan, and refreshed priorities for 2007 - 2010; the Gender
Equality Scheme for 2007 - 2010 previously approved by the Council Management
Team; and the Council’s Equal Pay Statement which required to be published as part
of the Gender Equality Duty.
Michael Enston and Lynne Harvie responded to various questions and comments
from members relating particularly to the under-representation of women in senior
management positions across the Council. Councillor Riches confirmed that, as the
Administration’s spokesperson on Human Resources issues, she intended to raise
this matter with Heads of Service. There was a general consensus that members
serving on the Appointments Sub-Committee would benefit from training on gender
equality and employment legislation issues.
Decision
The Committee agreed as follows -
(1)
to note the progress made against year 1 objectives of the Equality and
Diversity Strategy;
(2)
to endorse the priorities for 2007 - 2010;
(3)
to approve the Gender Equality Scheme and Equal Pay Statement appended
to the report;
(4)
to note the duties of the Council under the various pieces of legislation; and
(5)
that it would not be appropriate to appoint an elected member spokesperson
for equalities at this stage.
19.
OCCUPATIONAL HEALTH SERVICE
The Committee considered a report by the Executive Director (Performance &
Organisational Support) providing an update on developments relating to the new
Occupational Health contract and seeking approval of the funding mechanisms for
the enhanced service provision.
The report indicated that following a review of the operation of the Occupational
Health Service, a new contract had been awarded for the provision of an enhanced
service and would commence on 1st September, 2007. The enhanced service would
now include Rehabilitation Services, and would focus on prevention rather than cure
and a more holistic approach to the health and wellbeing of employees. The main
elements of the contract were Assessing Fitness for Work, Prevention and Promotion,
and Rehabilitation.
The report advised that it was proposed to fund Rehabilitation Services by directly
recharging services in the same way as they are recharged currently for
immunisations. The Assessing Fitness for Work element would be funded from the
Health Promotion and Scotland’s Health at Work (SHAW) budget and from income
generated from the Employee Benefits programme. Prevention and Promotion would
be funded through the use of in-house resources in the short term and it was
intended to investigate the possibility of securing external funding to help achieve the
Council’s objectives in this area.
In/
2007.P.F.A.M.15
In the course of discussion, Michael Enston agreed to provide Councillor Rowley with
a breakdown of attendance issues and referrals including details of staff numbers
involved, service and grading level.
Decision
The Committee noted that a new enhanced Occupational Health contract was due to
commence on 1st September, 2007 and approved the funding mechanisms proposed
in the report for the enhanced service provision.
20.
WORKFORCE REPORT
The Committee considered a report by the Executive Director (Performance &
Organisational Support) providing an overview of the trends, issues and priorities in
relation to the Council’s workforce. The Appendix to the report provided information
on the Workforce Profile including employee numbers, equalities and establishment
changes; HR Metrics including details of turnover, workforce investment, HR activity,
health and attendance, and accidents and injuries; and Reward, Recognition and
Performance relating to modernising employment, corporate training and leadership,
and management development. Also included in the Appendix were details of action
being taken by the Council to comply with key legislative developments in 2007/08.
The report also highlighted some of the key issues addressed over the last year and
identified priority areas for 2007/08 including Workforce Development and
Investment; Equalities and Diversity; Modernising Employment/Reward and
Recognition; Health Improvement; and Modernising HR Services and Supporting
People.
Michael Enston responded to questions and comments from members and agreed to
provide Councillor Riches with details of the number of staff on work experience
within the Council.
Decision
The Committee agreed as follows -
(1)
to endorse the priorities for 2007/08, as detailed in the report; and
(2)
to congratulate the staff involved on their contribution to the Council’s
achieving the Scotland’s Health At Work (SHAW) Gold Award.
Councillor Douglas Chapman left the meeting during consideration of the above item.
21.
FINANCIAL MONITORING REPORTS
(a)
Capital Expenditure Plan 2006/07 - Final Outturn
The Committee considered a report dated 30th May, 2007 by the Executive
Director (Finance & Resources) advising of the outturn position, subject to
audit, for the Council’s Capital Expenditure Plan for the financial year
2006/07, including the resources used to fund the Plan. The report covered
capital expenditure on all Council services including Housing, Police and Fire
for which there were separate programmes. It was indicated that the total
approved programme had decreased to £159.906m and projects totalling
£19.553m within the Plan had been re-phased to 2007/08 and would be
funded/
2007.P.F.A.M.16
funded from borrowing, capital receipts, contributions and grants carried
forward. Actual expenditure in 2006/07 was £142.303m which represented
an increase of 40% over the 2005/06 total capital spend and an increase of
61% over the 2004/05 total.
Appended to the report was a comparison summary of actual expenditure
against the approved programme by theme and sub-theme, including a
breakdown on a service basis; a list of projects with significant re-phasing to
2007/08; and Prudential Code Indicators, revised for 2006/07 actual
expenditure. It was confirmed that the Plan remained prudent, affordable and
sustainable.
Decision
The Committee agreed as follows -
(1)
to note the outturn position for the 2006/07 Capital Expenditure Plan
and the explanation of the requirement to re-phase expenditure;
(2)
to note that the figures were subject to audit and the final audited
position would be reported to a future meeting;
(3)
to note that detailed capital outturn reports for 2006/07 would be
submitted to meetings of the relevant Committees of the Council as
part of the Council’s agreed performance reporting arrangements;
(4)
to note that any projects from 2006/07 which were delayed into
2007/08 would be incorporated within the Capital Expenditure Plan
for 2007/08, and the overarching 2006 - 2011 Plan; and
(5)
to note the revised Prudential Code Indicators contained within
Appendix 4 to the report.
(b)
Revenue Budget 2006/07 - Final Outturn
The Committee considered a report dated 30th May, 2007 by the Executive
Director (Finance & Resources) providing a strategic overview of Fife
Council’s financial position on all revenue budgets and advising on the overall
level of balances held by the Council. The report summarised the final
outturn position for 2006/07, which was still subject to audit, provided an
explanation of the main budget variances, and indicated the potential level of
balances after commitments arising from the budget carry forward scheme
and other Council decisions were taken into account. More detailed reports
on the actual outturn against budget would be presented to future meetings
of the relevant Committees as part of the Council’s wider scrutiny and
performance management reporting arrangements.
Appendices to the report highlighted expenditure against budget across all
General Fund services and the Housing Revenue Account, provided details
of the provisional budget carry-forward figures at individual service level, and
showed the balances position for General Fund services.
Decision
The Committee agreed as follows -
(1)/
2007.P.F.A.M.17
(1)
to note the contents of the report and that the figures were subject to
audit;
(2)
to approve the recommendation of the Council Management Team to
restrict the level of budget carry-forward to 1½%, with the exception
of Support Services where the recommendation was no
carry-forward, and the resultant figures contained in Appendix 3 to
the report (subject to audit);
(3)
to disregard the Transportation Services overspend from the budget
carry-forward calculations as outlined in paragraph 4.4 of the report;
(4)
to approve the carry-forward of the ring-fenced items detailed in
paragraph 4.7 of the report, including the earmarking of the refund of
grant from Small Business Gateway; and
(5)
to note that further detailed reports would be submitted to future
meetings of the appropriate Committees on the final outturn for
services in 2006/07 as part of the Council’s scrutiny and performance
reporting arrangements.
(c)
Treasury Management - Annual Report 2006/07
The Committee considered a report dated 21st May, 2007 by the Executive
Director (Finance & Resources) providing information relating to the Council’s
borrowing requirement, advising of annual savings achieved through debt
rescheduling, and outlining performance in relation to the percentage of total
debt maturing in 2007/08 and 2008/09. Appended to the report was
information relating to the balance of debt outstanding at the start of the
financial year, amounts borrowed, repayments during the year, and the year
end position, along with details of cases where the Council had breached its
investment limits during 2006/07.
Decision
The Committee noted the contents of the report.
(d)
Trading Arrangements in Fife Council - 2007 Update
The Committee considered a report dated 28th May, 2007 by the Executive
Director (Finance & Resources) providing an updated position statement on
Trading Arrangements in Fife Council as at June, 2007. The report indicated
that the Local Government in Scotland Act 2003 set out the requirement for
statutory trading accounts to be maintained for “Significant Trading
Operations” and that they should break even over a three year rolling period.
It was indicated that the Council had adopted a two stage process for
evaluating which services should become Significant Trading Operations and
the results of the evaluation process were appended to the report. It was
noted that only Building Services had been assessed as a Significant Trading
Operation.
Decision
The Committee agreed as follows -
(1)/
2007.P.F.A.M.18
(1)
to approve the results of the evaluation process which confirmed
Building Services as Fife’s only Significant Trading Operation for the
financial year 2007/08; and
(2)
that
all
Council
services
continue to be subjected to the Council’s
Significant Trading Operations criteria to reflect any changes in their
operational environment, and that an annual position statement be
reported to a future meeting of this Committee, as appropriate.
22.
SURVEILLANCE AUTHORISED UNDER THE REGULATION OF INVESTIGATORY
POWERS (SCOTLAND) ACT 2000 - ANNUAL REPORT
Previous Minute Reference - Paragraph 119 of 2004.P.R.75
The Committee considered a report dated 6th July, 2007 by the Head of Law and
Administration, being the first annual report on surveillance authorised under the
Regulation of Investigatory Powers (Scotland) Act 2000.
The report advised that a legal framework had been introduced regulating the way in
which investigations conducted by local authorities should be carried out. The three
main types of activity to be regulated were covert surveillance (where the subject of
the surveillance was unaware that it was taking place), the use of informants, and
access to communications data (to identify individuals using communications devices
to commit offences). The Council had previously approved policies and procedures
in respect of the three activities and the annual report detailed the extent to which the
Council had conducted investigations in accordance with the agreed policies and
procedures during the period 1st June, 2004 to 30th June, 2007.
The report indicated that 78 investigations had been carried out by the Housing
Investigations Unit whilst Trading Standards accounted for eight investigations. It
was pointed out that the practice of using informants had ceased and no such
authorisations had been granted since 2004.
Decision
The Committee noted the extent to which investigatory powers had been used by Fife
Council during the period June, 2004 to June, 2007.
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