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The following declaration was made: Item 3 -Establishment of Joint Committee with Neath Port Talbot County Borough Council in respect of Celtic Freeport Councillor Tessa Hodgson declared a personal and prejudicial interest in this item of business by virtue of her husband working for the Milford Haven Port Authority, but stated that she had dispensation to speak and vote.
Cabinet considered a joint report by the Assistant Chief Executive and the Head of Law and Governance, which outlined an agreement establishing a Joint Committee with Neath Port Talbot County Borough Council in respect of Celtic Freeport. Councillor Paul Miller, the Cabinet Member with responsibility for Place, the Region and Climate Change, introduced the report and stated that it outlined a proposal for a Public Funds Committee, to be made up of three Executive Members from each Council, and highlighted that the draft agreement was attached to the report. Councillor Miller then explained how the Committee would work in detail. In addition, he referenced a proposal for a Joint Scrutiny Committee, and that a report would go to Council in due course for consideration. Councillor Tessa Hodgson wished to clarify whether the meetings of the Committee would be public with official Minutes. The Head of Law and Governance stated that Neath Port Talbot Council was the accountable body, therefore such meetings would be treated in the same way as other Local Authority meetings. Councillor Hodgson also referred to the Membership of the Committee and requested that if Cabinet Members were required to be Members of the Committee, then it should be included in the report and appendices. The Head of Law and Governance confirmed that it was an Executive Committee, and would therefore include in the appendices that the Membership required Cabinet Members only. Councillor Neil Prior sought clarification as to how decisions would get to the Public Funds Committee. In response, Councillor Miller explained that once a proposal for a project was put forward and was deemed suitable, it would then go through the formal Business Case process. This would then be considered by the Celtic Freeport Investment Committee, where a recommendation would be put forward to the Public Funds Committee to determine whether a project would be funded or part-funded through public funds. The process was then explained in more detail by the Legal Solicitor. Councillor Prior stated that he was happy with the process, but wished to highlight the potential risk of needing unanimity between Committee Members. Councillor Hodgson agreed and wished to know whether there was a default position if there was an impasse in regards to a particular decision. The Legal Solicitor advised that if there was no unanimity then the decision would fail, and would therefore be equivalent to a rejection. Councillor Prior sought clarification as to whether that was standard procedure amongst other Freeport Companies, to which the Legal Solicitor explained that each Freeport was unique. Councillor Prior also referred to the fact that a proposal could fall if one Member was to stand against, potentially a Member who was standing in place of a regular Committee Member, and sought clarification as to whether this type of situation could be mitigated. The Legal Solicitor agreed that this situation could occur, but advised that the Public Funds Committee ensured that Local Members had the power to approve or reject proposals, and was unsure whether there would be a way to mitigate that situation. Councillor Rhys Sinnett asked for an explanation of the ‘Dispute Resolution’ section of the papers, and whether this could be used in relation to decision difficulties. In response, the Legal Solicitor explained that the Dispute Resolution mechanism was not for deciding bids, and instead related to a dispute in regards to the terms of the agreement between the Authority and Neath Port Talbot, and if it needed to be resolved. Councillor Alec Cormack referred to the unanimity aspect and suggested that wording be included within the Recommendation to amend the Appendices if required. Councillor Miller agreed with the discussion and suggested that the unanimity aspect was excessive. He instead wished to broaden the delegation to allow the Chief Executive, in conjunction with himself, in order to review that aspect in more detail to determine the best mechanism. He also referred to the bids process to the Public Funds Committee, and outlined his view to protect the right of the two Authorities in regards to approving bids for projects, that perhaps the Celtic Freeport Company would not necessarily see as priority. In response, the Chief Executive stated that paragraph 12.1 in the Agreement on page 23 of the Agenda, sub-paragraph B, would need to be reviewed as it did not refer to all proposals being put in front of the Public Funds Committee, therefore some clarification was required to ensure that the Public Funds Committee would at least be exposed to all bids for investment. He also referred to paragraph 12.1 C, and suggested that there needed to be some qualification about approving or rejecting the recommendations. Councillor Paul Miller Moved an Amended Recommendation as follows: (a) That the Chief Executive, in consultation with the Deputy Leader, be delegated authority to enter into the Joint Committee Agreement with Neath Port Talbot County Borough Council and that: (i) Authority be delegated to make any minor amendments which may prove necessary and which do not alter the substance of the document at Appendix 1; (ii) Broader authority be delegated in relation to voting at the Public Funds Committee (having explored the merits of majority voting) and in relation to the mechanism for proposals being presented to the Public Funds Committee. (There being an expectation from Pembrokeshire that all proposals, together with recommendations, will ultimately be presented to the Public Funds Committee for timely determination.) (b) That three Cabinet Members be appointed as the Pembrokeshire County Council representatives to the Joint Committee. (c) That any Cabinet Member be authorised to sit as an alternative representative to the Joint Committee in the absence of the appointed representatives. (d) That Members note a future report to Full Council agreeing the establishment of a Joint Overview and Scrutiny Committee with Neath Port Talbot County Borough Council. The Amended Recommendation was Seconded by Councillor Tessa Hodgson. The Head of Law and Governance suggested that point (a) read ‘…in conjunction with the relevant Cabinet Member’. Councillor Miller agreed. The vote was taken by a roll call and was carried. For the Motion: Councillors David Simpson, Paul Miller, Michelle Bateman, Alec Cormack, Jon Harvey, Tessa Hodgson, Neil Prior, Rhys Sinnett and Guy Woodham [9] There were no votes against or abstentions. DECISIONS (a) That the Chief Executive, in conjunction with the relevant Cabinet Member, be delegated authority to enter into the Joint Committee Agreement with Neath Port Talbot County Borough Council and that; (iii) Authority be delegated to make any minor amendments which may prove necessary and which do not alter the substance of the document at Appendix 1; (iv) Broader authority be delegated in relation to voting at the Public Funds Committee (having explored the merits of majority voting) and in relation to the mechanism for proposals being presented to the Public Funds Committee. (There being an expectation from Pembrokeshire that all proposals, together with recommendations, will ultimately be presented to the Public Funds Committee for timely determination.) (b) That three Cabinet Members be appointed as the Pembrokeshire County Council representatives to the Joint Committee. (c) That any Cabinet Member be authorised to sit as an alternative representative to the Joint Committee in the absence of the appointed representatives. (d) That Members note a future report to Full Council agreeing the establishment of a Joint Overview and Scrutiny Committee with Neath Port Talbot County Borough Council.
Cabinet considered a joint report by the Director of Education, Director of Resources and the Director of Social Care and Housing, which outlined a redevelopment of Portfield School. Councillor Guy Woodham, the Cabinet Member with responsibility for Education and Welsh Language, introduced the report and outlined the detail of the Full Business Case and advance words, as written in the report, which included the background and context, main considerations, and the available options. He stated that the preferred option was Option 1, which was endorsed by the Strategic Programme Board and was considered to be proportionate to the desired outcome set out in the strategic case for this project, as follows: Portfield School redevelopment to proceed on the basis of the strategic case, i.e. RIBA Stage 3 estimated project cost, but with value engineering options taken as follows: i. Reduction in contractors’ risk allowance (£69,437) ii. Reduction in decant programme (£30,260) He highlighted that the resulting estimated project cost was £28,881,940, and reminded Members that special school projects attracted an intervention rate of 75% from Welsh Government, with Net Zero Carbon elements being funded at 100%. Councillor Guy Woodham Moved the Recommendation. Councillor Alec Cormack referred to the connection between this Education project and the included Social Care elements; a refurbishment of the Holly House West Park Centre and the proposed new Residential Children’s Home. He stated that there was widespread support amongst Membersthat the Social Care project elements were not removed from the project at this stage; and, secondly, the project not be delayed as it would have an additional impact on the learners at Portfield, but also risking further inflation costs to the project. He stated his support for the Recommendation and hoped that Welsh Government would look favourably on the continued inclusion of the Children's Residential Care Project. The Recommendation was Seconded by Councillor Alec Cormack. Councillor Tessa Hodgson stated her support for the Recommendation, especially in regards to the important element of the Residential Home for children with additional needs. Councillor Rhys Sinnett also stated his support for the Recommendation and referred to the extensive discussions at the Strategic Programme Board meetings in relation to the Education project and the Social Care elements, and stated that it was vital to support both aspects. Councillor Cormack sought clarification as to whether or not there had been any informal discussions with Welsh Government about the inclusion of the Residential Care Home, and what their view was. In response, the Chief Officer for School Resource and Governance stated that the Welsh Government had not questioned the inclusion of the Social Care elements at any stage of the process. The vote was taken by a roll call and was carried. For the Motion: Councillors David Simpson, Paul Miller, Michelle Bateman, Alec Cormack, Jon Harvey, Tessa Hodgson, Neil Prior, Rhys Sinnett and Guy Woodham [9] There were no votes against or abstentions. DECISIONS (a) That Cabinet recommend to Full Council that the Band B envelope for the Sustainable Communities for Learning Programme be increased to reflect the new project cost of the Portfield School redevelopment of £28,881,940. (Recommendations B and C are subject to Full Council increasing the Band B envelope as recommended in A above.) (b) That Cabinet approve the Full Business Case as contained in Appendix 4, and the capital programme be updated to reflect the total cost of £28,881,940. (c) That Cabinet authorise the award of a contract for enabling works to Morgan Sindall Construction and Infrastructure Ltd. as detailed in this report, acknowledging that this element of the works is at risk pending Welsh Minister approval of the Full Business Case. (d) That Cabinet delegate to the Director of Education the decision to award a contract for utility upgrade ground works to Morgan Sindall Construction and Infrastructure Ltd. as detailed in this report, and the engagement of Welsh Water, Western Power and Wales & West for the making of the new water, electricity and gas connections, noting that this element of the works is not at risk as it would be required irrespective of whether the Portfield School redevelopment proceeds.
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