Shrewsbury & Atcham
Borough Council

PRESENT: Councillor Evans (Chairman)

Councillors Adams, Mrs Chaplin, Mrs Chebsey, Clarke, J P Jones, Lord, Sambrook, Mrs Sandford, Tandy and Wagner

Also in attendance: Councillors Moore and Nutting

Officers in attendance: Assistant Chief Executive, Assistant Solicitor and Committee Services Assistant

APOLOGY FOR ABSENCE / NOTIFICATION OF SUBSTITUTE: Councillor Mrs Owen (Councillor Mrs Sandford was present as her substitute).

DECLARATION OF INTEREST: The following member declared his interest in the item shown below:

Councillor Wagner,  Minute 02/05 - Appointment of Levitt Bernstein as Architects for the New Entertainment Venue to RIBA Stage L - Personal and prejudicial interest as a local resident. He left the room during the consideration of and voting on the item.

Consideration was given to the following decision made in accordance with the Council's delegation scheme to officers which has been called in by Councillor Evans:

That the Chief Executive enters into a contract with Levitt Bernstein for services through RIBA stages A-L for the development of the New Entertainment Venue.

Reason:

To secure the services of Levitt Bernstein and their design team for the delivery of the New Entertainment Venue, reducing the risk of recruiting a new design team during the process.

Concern that a decision to potentially spend £2.2 m is made by officers without being considered by Councillors.

The Portfolio Holder for Policy and Resources, Councillor Nutting and the Assistant Chief Executive were in attendance to assist the Committee.

Consideration was given to the report of the Assistant Chief Executive. A number of points were raised and indications given during the course of the Committee's deliberations as follows which were taken into account by the Committee in reaching their decision:

• Councillor Evans summarised the reasons why the matter had been called in and asked for clarification as to why it needed to be considered as a matter of urgency.

• The Assistant Chief Executive explained that a delay could have incurred costs in the region of £80,000 to £90,000 if the matter was subject to call in following the meeting of Cabinet on the 17^th January and indicated that the matter needed to be dealt with expeditiously. He informed the Committee of the need to enter into a contract in relation to the New Entertainment Venue with Levitt Bernstein for services from inception and feasibility to completion and signing off. He outlined the risks of not entering into a contract and highlighted the damaging affect on the project should it not be progressed.

• The Assistant Chief Executive referred to a technical anomaly in that Council on the 27^th September 2004 had resolved to approve the funding of the New Entertainment Venue, consultant architects be appointed to proceed to RIBA Stage D and that tenders be sought and the construction contract be let. He explained that tenders for the construction could not be let as the resolution presently stood as the architects needed to be retained.

• He confirmed that the RIBA Standard of Agreement allowed the work and relationship to terminate at any time with no future liability and confirmed that the contract would be signed which would take the project to Stage L - Completion, subject to the necessary constraints being met and planning permission being obtained. He confirmed that until the contract had been signed, the tender for construction work could not be prepared.

• In response to a question, the Assistant Chief Executive confirmed that the costs would include all technical skills to take the project forward to completion. The Committee was also advised that the project was being progressed in accordance with Prince 2 Performance Management System and confirmed that the roles and responsibilities of all those involved were clearly defined.

• Councillor Nutting confirmed his support for the officer's recommendation and reiterated the financial consequences of any delays incurred.

• Following a question by a member, the Assistant Chief Executive confirmed that costs in respect of Stage A to D were fixed contract figures and reported that costs for stages E to L were variable based on the construction costs.

• In response to a question, Councillor Nutting indicated that a seminar was likely to be arranged for members to consider detailed plans and to ensure information was disseminated to members.

       The Chairman thanked Councillor Nutting and the Assistant Chief Executive for their assistance in the consideration of the matter.

RESOLVED:

That the recommendation by the Assistant Chief Executive to enter into a contract with Levitt Bernstein for services through RIBA stages A-L for the development of the New Entertainment Venue be accepted by the Call-In Committee.

6.30 p.m. - 7.03 p.m.