31.1 Apologies for absence were received from Councillor Dean Carol (Substitute Councillor Tim Barker), Councillor Pam Moseley    (Substitute: Councillor Jean Jones), Councillor Viv Parry (Substitute: Councillor Roger Evans), Councillor Keith Roberts (Substitute: Councillor Nick Bardsley) and Councillor Arthur Walpole  (Substitute: Councillor Gerald Dakin)

Members are reminded that they must not participate in the discussion or voting on any matter in which they have a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.

32.1    Councillor Moseley, having declared an interest as a member of Shrewsbury Town Council, took no part in the meeting.

To receive any public questions or petitions from the public, notice of which has been given in accordance with Procedure Rule 14.  The deadline for this meeting is 5.00pm on 25 October 2016

33.1    There were no questions from members of the public

To receive any questions of which members of the Council have given notice.  Deadline for notification for this meeting is 5.00pm on 25 October 2016

34.1 The following question had been received from Councillor Roger Evans

Since it became clear that Shropshire Council's financial position implied that many services were now at risk, the Council's Administration has stated that it is seeking partnership with local organisations and Parish Councils to help find a way of continuing services such as leisure facilities, libraries and museums.  This approach has been much publicised and indeed used in several places already.  On the one occasion when the Council made an unpopular decision without proper consultation with local interests, it was taken to judicial review, where the judgment found against the Council with costs.

Why then in the case of the swimming provision for Shrewsbury is the Administration hell-bent on ignoring its own consultation, which found that 68% of responders wanted the Pool to remain in the town centre?  Why is it also ignoring the opinion of the Business Improvement District, an organisation which the Administration usually treats with considerable respect and which indeed is now mainly involved in the evolution of the Shrewsbury Vision?  And why is it ignoring the wishes of Shrewsbury Town Council, which unanimously expressed its preference for a town centre location?

Why is it operating an adversarial model which places all the above (the popular will, the business interest and the local Council) in OPPOSITION to its preferred site?  Why, instead of using Council resources and expertise to assist in finding a mutually acceptable solution, is it challenging all other parties to "come up with something better", and channelling its own resources into a single opposing business case?  Why is it that any other organisation which finds the time, resources and expertise to put forward an alternative case, is to be met after 12 months’ work by the Administration, with a vested interest in its own option, acting as Judge and Jury?

Response

Shropshire Council is not ignoring the outcomes of the public consultation and the opinion of the Shrewsbury BID and Shrewsbury Town Council. Quite the opposite, it is providing an opportunity for considered business cases to be developed by interested organisations that provide for a long term sustainable solution to swimming provision in Shrewsbury.  To avoid the possibility of unnecessary and potentially expensive work being carried out by interested organisations in the development of incomplete business cases, the Council is suggesting an interim stage and is providing the opportunity to give early feedback and guidance.

Shropshire Council has previously commissioned and presented a range of detailed work that supports its recommendation that the preferred location for further swimming provision is at the Shrewsbury Sports Village.  This recommendation is supported by a detailed evaluation against three questions: (1) Which options are deliverable and are the most affordable and sustainable; (2) Which options best meet the Council’s vision and strategy for swimming provision; and (3) What are the social, environmental and economic impact and implications of the different options?  However, rather than proceed to implement this approach it wants to provide other interested organisations  ...  view the full minutes text for item 34.

A copy of the Call-In Notice received from the leader of the Council’s Liberal Democrat Group together with the report considered by Shropshire Council's Cabinet meeting on 28 September 2016 are attached. 

This decision has been called in by the Liberal Democrat Group, as detailed in the Call-in Notice.  The Scrutiny Committee is asked to consider the report and the decision taken by Cabinet.

If having considered the decision, the Scrutiny Committee is still concerned about it, then it may refer it back to Cabinet for reconsideration, setting out in writing the nature of its concerns or refer the matter to Council.  If the Scrutiny Committee does not refer the matter back to Cabinet or Council, the decision shall take effect on the date of the Scrutiny meeting.

35.1    A report setting out the call in of the Cabinet decision regarding improved swimming facilities for Shrewsbury had been circulated.

35.2    The Legal Services Manager reminded Members that, if having considered the decision, the Committee was still concerned about it then they could refer it back to Cabinet for reconsideration, setting out in writing the nature of its concerns or refer the matter to Council. However if the Scrutiny Committee did not refer the matter back to Cabinet or Council, the decision would take effect on the closing of the Scrutiny Committee meeting.

35.3    The Director of Place and Enterprise tabled a paper (copy attached to signed minutes) which gave a response to each of the points raised in the call in.  A Member expressed disappointment that the document had not been circulated prior to the meeting and asked for time to consider the information contained in the paper.  It was agreed that the meeting would be adjourned to enable Members to consider the paper.

The meeting adjourned at 10.10am

The meeting resumed at 10.30am

35.4    A Member queried the need for the Council to have identified a preferred option for the siting of the swimming facility at this stage of the process given that a period of 12 months had been given for the receipt of other business cases.   The Director of Place and Enterprise stated that it was necessary in the interests of fairness in order that all business cases were considered on an equitable basis.

35.5    In response to the point made regarding the refurbishment bid for the Quarry Pool not being excluded on the basis of location, or the number, size and configuration of its pools, the Director of Place and Enterprise stated that technically this was correct. In addition all business cases would need to show how they contributed to both future demands for swimming in the town and the Indoor Leisure Strategy, once it was confirmed, and that all business cases would be evaluated in accordance with the process and methodology set out in the Terms of Reference.

35.6    Several Members expressed concern that the Scrutiny Committee would not receive a report on the outcomes of the evaluation of all submitted business cases prior to a report being taken to Cabinet.  The Director of Place and Enterprise informed Members that the statutory procurement regime and the Council’s Constitution set out the framework to be followed within a procurement process and that it would be inappropriate for scrutiny to become involved in the process prior to the Officers’ recommendation to Cabinet.

35.7    In response to a question regarding whether an organisation could take over the running of the site whilst leaving responsibility for the maintenance of the site with Shropshire Council, the Director of Place and Enterprise stated that technically this was possible but that the financial viability of the proposal would need to be considered as part of the overall consideration of the business case.

35.8    In response to a query regarding the  ...  view the full minutes text for item 35.

The Committee is next scheduled to meet on 28 November 2016 at 2.00pm

36.1    Members were reminded that the next scheduled meeting of the Committee would be held on 28 November 2016 at 2.00pm.