Wrthi'n llwytho
Y penderfyniadau fel y mae cofnodion y cyngor yn eu cofnodi. Bydd crynodeb mewn iaith glir yn dilyn pan fydd wedi'i ysgrifennu.
RESOLVED That the decision of Cabinet made on 17 October 2022 be upheld.
Mrs Alison Kavanagh declared a personal and prejudicial interest in matters relating to the Capital Programme Bid by virtue of being a Parent Governor Representative of Ysgol Gelli Aur and left the meeting.
Y penderfyniad fel y'i cofnodwyd
RESOLVED That the decision of Cabinet made on 17 October 2022 be upheld.
The Committee considered a call-in submitted by Councillor Jacob Williams with the support of Councillors Michael Stoddart, Viv Stoddart, Alan Dennsion, John Cole and Steve Alderman in relation to the following decision made by an Extra-Ordinary Meeting of Cabinet on 17 October 2022. (a) That the new capital project cost of £13,985,818 for Ysgol Bro Penfro, an increase of £4,537,815 to be met by the Authority, be approved’ (b) That Welsh Government be requested to provide the projected underspend of £1,250,000 from the second tranche of the Welsh medium Capital Grant, for the purpose of reducing the Council’s capital contribution towards Ysgol Bro Penfro, as identified in (a). The Chair introduced the report and explained that Members were being asked to scrutinise a decision made by Cabinet in regard to the Capital Programme Bid for Ysgol Bro Penfro and to refer any relevant concerns to Cabinet as appropriate. He outlined the reasons for the call-in as set out in the report. The Head of Law and Governance advised Members that Section 53 of the School Standards and Organisation Act 2013 dealt with the determination of a proposal to establish or alter a school; that Section 53, along with Section 51, was a local choice function, which meant that the Council could choose whether the matter was decided by Council or by Cabinet. In Pembrokeshire’s case, she advised that this was a full Council function. In October 2020, she stated that Council had decided to proceed with the project. The decision that Cabinet had made which was under review today was to fund the shortfall in costs, which was within the overall capital financing costs cap approved by Council and therefore was a Cabinet function. The Head of Law and Governance further advised that it was open to Cabinet under Section 55 of the Act to decide that implementation of the proposals would be unreasonably difficult or that circumstances have so altered since the proposal was determined in 2020 that implementation of the proposals would now be inappropriate. She pointed out that it was the latter situation that was inferred by the reasons for call-in, and that was the matter for the Committee to decide today, either to confirm the decision of Cabinet, or send the matter back to Cabinet setting out in writing the Committee’s concerns with the decision to proceed. The Cabinet Member for Education and Welsh Language advised Members that he had presented the report to Council in October 2020 and had presented the report and moved the decision at Cabinet. He presented the report and highlighted the key points therein. He advised that advice had been sought prior to Cabinet to ensure the correct procedure had been followed and following Cabinet that the decision had been correctly made under the Constitution. The Cabinet Member further informed Members that he had been told by Welsh Government that, were this project not to proceed, then no more capital projects could take place in Pembrokeshire. He further commented that the 100% grant funding was not contained within the recommendation that was approved and therefore remains valid. The Committee then debated the contents of the report. Councillor Jacob Williams presented the reasons for the call-in seeking clarity on the constitutional position regarding the Cabinet’s decision as Full Council had initially approved the project at its 8 October 2020 meeting with Councillors being informed that it was ‘the opportunity to access a 100% capital grant from Welsh Government to establish a new Welsh Medium school with associated childcare facilities…’. In that regard, he considered that the decision made by Cabinet had effectively undermined Council’s position regarding the funding and on that basis he could not support the decision. Councillor Michael Stoddart supported this view. Councillor Williams gave clarity that the call-in was not regarding the provision of Welsh Language but regarding the change in funding from Welsh Government. Councillor John Davies referred to the original meeting when he had seconded the recommendation. He stated that; education in the County had been under scrutiny together with the capacity to deliver on the objectives and targets of the Welsh Language. He further noted that the 100% funding was not contained within the final recommendation. The Cabinet Member for Education made reference that everything had changed since 2020 and that there was now a need to find the additional funding, 100% funding had not been contained within the decision and that the decision remained valid. The Director of Education advised Members that, at the time of the decision, 100% funding had been expected. In response to concerns raised by Councillors Mike Stoddart and Alistair Cameron, the Head of Infrastructure explained that they were currently in ‘stage 2’ of the tender process and that the build was a ‘fixed price, lump sum contract’ and, following contract award, the risks would remain with the contractor. Further concerns were raised by Councillor Anji Tinley regarding the rise in costs of the build and the Head of Infrastructure explained to Members that further requests had been made following the tender process including Net Zero Carbon and that surveys had required additional ground work. In response to a concern from Councillor Rhys Jordan, the Cabinet Member for Education advised that the additional £3m was being loaned with the repayment of £200k included in the budget and would not lead to redundancies. Councillor Rhys Jordan moved that the matter be referred back to Cabinet to reconsider the decision on the basis that 100% funding was no longer available and to recommend consultation with full Council; Seconded by Councillor Mike Stoddart The vote, undertaken by way of a roll-call was lost. The votes were recorded as follows: For the Motion: Councillors Rhys Jordan, Huw Murphy, Mike Stoddart, Anji Tinley and Mr Tom Moses [5]. Against the Motion: Councillors Maureen Bowen, Alistair Cameron, John Davies, Pat Davies, Sam Skyrme-Blackhall, Marc Tierney and Iwan Ward [7] There were no abstentions. It was then Moved by Councillor Pat Davies that the decision of Cabinet be upheld; Seconded by Councillor John Davies The vote, undertaken by way of a roll-call was carried. The votes were recorded as follows: For the Motion: Councillors Maureen Bowen, Alistair Cameron, John Davies, Pat Davies, Sam Skyrme-Blackhall, Marc Tierney, Iwan Ward and Mr Tom Moses [8]. Against the Motion: Councillors Rhys Jordan, Huw Murphy, Mike Stoddart and Anji Tinley [4]. There were no abstentions. RESOLVED That the decision of Cabinet made on 17 October 2022 be upheld.
Rhaid i gynghorwyr ddweud pan fydd ganddyn nhw gysylltiad personol â rhywbeth sy'n cael ei drafod, fel swydd, eiddo neu aelod o'r teulu. Mae buddiant sy'n rhagfarnu yn ddigon cryf i'r cynghorydd adael yr ystafell fel arfer a pheidio â chymryd rhan.
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