08 09 02

Crathes, Drumoak & Durris Community Council (CDDCC)

Minutes of Meeting

Tuesday 2 September 2008 – Irvine Arms, Drumoak from 19.30 hours

1. Sederunt

Community Councillors: Molly Atkinson (Acting Chairman), Jean Downie, Caroline Cruickshank, John Hopkins, Tony Butcher, Ann Ross

Aberdeenshire Councillors (Ward 16): Linda Clark

Aberdeenshire Councillors (Ward 18): Graeme Clark

Members of Public: Don Keith, Gail Bleakley

Apologies: Jenny Watson, Wendy Agnew, Peter Bellarby, David Morrish

2. Minutes of August 2008

The minutes of August 2008 were proposed by Molly Atkinson and seconded by Caroline Cruickshank and accepted as an accurate record.

3. Matters Arising from Minutes of August 2008 meeting

3.1 Drumoak Sewage Treatment Plant

John Hopkins reported that information had been received from Aberdeenshire Council as a result of the Freedom of Information (FoI) request, but had not proved particularly illuminating. The minutes of a relevant multi-party meeting on 1 May were not included. These had “sat on a desk for some time” and had not yet been agreed by all parties.

Graeme Clark passed across a copy of the draft minutes, expressing surprise that these had not been sent to CDDCC. To copy/circulate the draft (Action: John Hopkins) (DONE)

3.2 Durris School - Proposed Car park

Graeme Clark reported that all parties were now agreed on this proposal. He would be taking a planning application form to the forthcoming Durris Parent Council (i.e. School Governors’) meeting. Once they had completed the form, it would be sent to CDDCC for lodging with Aberdeenshire Council (Action: Graeme Clark)

3.3 Crathes Schools - Proposed Car park

To progress this with Stewart Carry (Action: Linda Clark)

3.4 Myrebird Junction and other Roads Issues

Graeme Clark reported that Mark Skilling had informed him that the Roads Department was investigating options for action in respect of the Myrebird Junction “in conjunction with a review of the cost benefit of all other Route Action measures on the A93” and would revert before CDDCC’s October meeting.

John Hopkins had received a response in respect of the South Deeside Road/Park Bridge Road junction, stating that the Roads Department would investigate options for visibility improvements.

The obscuration of the speed-sensitive 40 mph sign at the eastern end of Drumoak by the willow hedge was stated by Mark Skilling to be the responsibility of “the developer” i.e. Stewart Milne, who would be instructed to cut back the hedge.

Linda Clark noted that she had mentioned all of these issues to the Police.

4. Drumoak Youth Project

Caroline Cruickshank introduced Gail Bleakley to the meeting. Gail – and others – would be helping her with work on DYP.

Caroline Cruickshank would the following day be meeting an organiser in Lumphanan, to get cost estimate information, which would help her to prepare project proposals.

The parents of the Highland Games hammer-throwers had been approached about concerns over practice in a public park. They had stated that the boys’ grandfather had a suitable site, but that the boys “did not drive”. Caroline Cruickshank subsequently spoke to George Wight, who had undertaken to help. To progress this kind offer with the parents (Action: Caroline Cruickshank)

Although the Council had filled the holes caused by the hammer-throwing, the danger to the many park users remained.

Serious incidents of assault had taken place in Drumoak the previous week. Police had been called and a charge had been made against a 12-year-old. The police response on this occasion was considered good.

Both Gail Bleakley and Caroline Cruickshank expressed the fear that if such incidents continued unchecked, all the excellent work done on Drumoak Park by the Council and others would be wasted, as responsible parents of young families would stay away.

Caroline said that the order of priorities for DYP would be (1) football pitch grass-cutting, marking-out and provision of metal goalposts, (2) completion of the all-weather pitch, (3) skatepark.

John Hopkins reported that he had written on behalf of CDDCC to the Chief Constable of Grampian Police, expressing CDDCC’s dissatisfaction with the lack of effective Police response to the problems in Drumoak and also mentioning the recent Glebe incident. Response there had been none.

5. Planning and Other Issues

5.1 New Planning Applications

None to report.

6. Access Issues

6.1 Overgrowth of Deeside Way at Drumoak

Craig Stewart of Aberdeenshire Council had stated that a maintenance plan for path maintenance generally was in course of preparation. It would be necessary to find a budget for this. Linda Clark suggested the use of volunteers and/or community service people for this type of work.

6.2 Undercutting of Deeside Way at Milton of Crathes

Ann Ross reported that unofficial quarrying to the west of the former Crathes railway station had led to undercutting of the Deeside Way surface. She considered this potentially dangerous to path users.

6.3 Core Paths Plan

Graeme Clark had mentioned the proposed path from Woodlands of Durris to Kirkton of Durris to the Core Paths team, who would include it in their considerations.

Molly Atkinson had spoken to Jim Brunton about the inclusion of Barrowsgate in the Core Paths plan and he was now less concerned than formerly.

7. Data Protection Registration

John Hopkins outlined the situation concerning the registration of Community Councils under the Data Protection Acts. The position of the Information Commissioner’s Office (ICO) seemed to be that:-

• because Community Councils were formed pursuant to a direction by the Scottish Government, they were therefore statutory bodies, or alternatively
• because they had the statutory right to be consulted, they were equivalent to a statutory body
• statutory bodies could not benefit from the exemptions built into the DP Acts for “not for profit” bodies
• therefore if Community Councils electronically processed any personal information whatsoever they had to register or they would be committing a criminal offence (every member of the Community Council being culpable)
• in any case, the work of a community Council made it probable that registration would be necessary

John Hopkins had communicated with the local MSP and MP on this subject and had received responses from the ICO following queries forwarded by them.

John Hopkins and Jean Downie had attended a presentation by Ken MacDonald of ICO on 25 August at Woodhill House. Neither found this a convincing performance. In truth, though, it seemed likely that the majority of Community Councils would take advantage of Aberdeenshire Council’s offer to fund the £35 annual registration fee for each CC and simply go ahead and register.

John Hopkins described what seemed to him to be the possible courses of action open to CDDCC. These were to:-

a. simply go ahead and register

b. continue as at present, without registering

c. dissolve the Community Council and form a successor Residents Association or similar (thus sidestepping the “statutory body” issue)

d. continue without registering, but make changes to current practices to avoid electronic processing of personal data

e. stop using computers owned by CC members and ask Aberdeenshire Council to provide a PC and access to its own systems, in which case Aberdeenshire Council’s own DP registration would cover CDDCC

There was considerable sentiment expressed – by ex officio members and others – in favour of option b. Two members of CDDCC felt that they could not accept this option, however, because any involvement (even technical) in a criminal offence would lead to the loss of their jobs.

John Hopkins detailed the steps necessary to implement option d. He described feasible workarounds which would avoid committing a criminal offence by not registering. These were seen as somewhat complex.

It was recognised that option c would mean the loss of the “statutory right to be consulted”, but the question was raised as to just how little this actually meant in practice. Option c would also lead to the loss of the grant from Aberdeenshire Council, but no one saw this as a matter of great concern. It was noted that if option c were followed and a “rival” Community Council were validly started in the Crathes/Drumoak/Durris areas, Aberdeenshire Council would have no alternative but to recognise the new Community Council.

John Hopkins observed that none of these issues seemed to him decisive, but that the different profile of a Residents Association might give it lower credibility with local residents than that of a Community Council. Jean Downie noted, however, that the reputation of community councils generally was such that a Residents Association might well have higher credibility. There was much agreement with this point.

Option c would result in the ability to benefit from the “not for profit” exemptions in the DP Acts. John Hopkins pointed out, however, that these were not unlimited and that some constraints would still be placed on the organisation’s freedom to process personal data electronically.

After much discussion, Molly Atkinson proposed that CDDCC should simply proceed to register, i.e. follow option a. By a majority, this proposal was accepted.

John Hopkins said that, in addition to spending time over the past months researching the technical issues relating to DP Act registration of CCs, he had also been considering his own position. His analysis of the five available options had led him to conclude that irrespective of which option CDDCC adopted, the proper course for him was to resign. The underlying reason for this differed radically amongst the various options. In one case, it was an issue of principle. In another case, it was necessary in order for the option to be rendered feasible. In other cases, it was a pragmatic choice (for example, he thought it would ultimately be unhelpful wilfully to defy the law in this case).

John Hopkins therefore noted that he would be resigning from CDDCC, subject to completing an orderly handover of his present responsibilities. He had not mentioned this prior to the discussion because he did not wish to prejudice CDDCC’s decision in any way.

Jean Downie said that it would be necessary for CDDCC to consider where it went from here. It was agreed that an interim meeting of Community Councillors would be convened at Jean Downie’s house (tentative date 16 September) to address this issue. It was important that all, including absentees from the present meeting, should attend. To convene the meeting (Action: Molly Atkinson)

John Hopkins was asked if he would attend the meeting. He said that he would be happy to do so if it could be helpful, but equally would quite understand if his presence were not required. It was agreed that he would attend.

8. Registration of CDDCC as a Charity

John Hopkins stated that he could not now be one of the three designated Charity Trustees for CDDCC. He undertook, however, to progress the registration (Action: John Hopkins). To designate the necessary third trustee (Action: Molly Atkinson)

9. Royal Bank of Scotland – Change of Authorised Signatories

John Hopkins reported that, after all the previous difficulties experienced in trying to change the authorised signatories, the latest set of forms had been rejected because the signatures of Chairman and Secretary (required on the forms) were not already authorised. It would now appear that – notwithstanding what it actually says on the forms – what is actually required are the counter-signatures of two persons already authorised to sign.

Given the amount of effort already fruitlessly expended attempting to deal with RBoS bureaucracy, John Hopkins was reluctant to devote further effort to this. He asked that somebody else take on the action, although he would advise on how RBoS currently seem to be requiring their forms to be completed. To pass the forms to Molly Atkinson (Action: John Hopkins)

It would also now be necessary to delete John Hopkins’ name from the list of signatories.

10. Bike Run

To publicise the date of 5 October for the CDDCC bike run (Action: David Morrish)

11. Donations to Local Charities

After discussion, it was agreed that half of the funds available for charitable donation should be donated to each of Homestart and the Church Newsletter. It was noted that Homestart was not strictly a local charity, but did operate in the local area. To make these payments (Action: John Hopkins)

12. Next Meeting

1930 hours, 7 October 2008, Irvine Arms, Drumoak

JFH 03/09/08

Distribution
Email	Email	Post	Other
CDDCC Councillors (excl. Jenny Watson)	Neighbourhood Watch Co-ordinator – Alister Bisset	Jenny Watson	Website www.durris.net (also for previous minutes)
Cllrs. Linda Clark, Karen Clark, Jill Webster (Ward 16)	Leanna MacLarty (Press and Journal)	Crathes Hall Notice Board (via David Humble)
Cllrs. Peter Bellarby, Graeme Clark, Mike Sullivan, Wendy Agnew (Ward 18)	Durris Hall Notice Board (via Sheila Watt)	Community Police Officer (Drumoak/Durris/Crathes), c/o Banchory Police Office
Mr W Munro, Area Manager, Kincardine & Mearns	Rev. Jim Scott, Durris Manse, Durris	Drumoak Public Hall Notice Board (via Ian Pirie)	By Hand
Mr L Allen, Area Manager, Marr		Banchory Public Library	Park Shop (via John Hopkins)
		Drumoak Church Hall Notice Board (via Morag Keith)	Drumoak Post Office (via John Hopkins)