Council Minutes - Town of Cambridge

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COUNCIL 20 DECEMBER 2011 ADMINISTRATION RECOMMENDATION Moved by Cr Bradley, seconded by Cr Grinceri That:- (i) the valuation of the Mindarie Regional Council determined by PriceWaterhouseCoopers not be accepted due to the flawed basis of the assumptions used to calculate the value; (ii) the following be noted: (a) position of the City of Stirling in relation to the value of their shareholding in the Mindarie Regional Council, request to withdraw from the Resource Recovery Facility guarantee and retention of their shareholding in the Tamala Park land; (b) that the Heads of Agreement to negotiate the withdrawal of the City of Stirling expired on 30 April 2011 and has not been renewed or extended; (c) the Town of Cambridge agrees to continue participating in the negotiations to facilitate the withdrawal if the City of Stirling. (iii) the decision of Mindarie Regional Council to set up a working group comprising the regional council Chairman and CEO, and mayors of the member councils to consider options for the membership, structure and operations of the Mindarie Regional Council be noted; (iv) Mayor Simon Withers represent the Town of Cambridge on the Working Group proposed in (iii) above; (v) in relation to negotiation for the withdrawal of the City of Stirling from the Mindarie Regional Council the Town’s position is that the City of Stirling: (a) be paid their paid-in capital contributions; (b) be paid their share of the Members Revenue Equalisation Reserve (i.e. under/over’s account); (c) be paid any residual value based on negotiations for a financial settlement to be negotiated; (d) be paid be from current accumulated Mindarie Regional Council funds in relation to (a) and (b) above and any additional payments, should there not be sufficient funds held by the regional council, be paid from annual operational surpluses of the regional council over a period of time inclusive of interest; (e) not be released from its liabilities under the Resource Recovery Facility guarantee to Biovision; (f) retain its post closure liabilities for the Tamala Park landfill in proportion to the tonnes tipped to the total of members tonnes over the life of the landfill; (g) retain its shareholding in the land at the Tamala Park site. H:\Ceo\Gov\Council Minutes\11 MINUTES\December 2011\D Item 10 Onwards.docx 235
COUNCIL 20 DECEMBER 2011 Amendment Moved by Mayor Withers, seconded by Cr MacRae That the motion be amended to read as follows:- That:- (i) the valuation of the Mindarie Regional Council determined by PricewaterhouseCoopers not be accepted as a basis for determining the withdrawal payment to the City of Stirling due to the flawed basis of the assumptions used to calculate the value, namely that the remaining members will incur a “commercial” surcharge to the tipping fees; (ii) the following be noted: (a) the position of the City of Stirling in relation to the value of its shareholding in the Mindarie Regional Council, retaining its liability relating to the Resource Recovery Facility guarantee and retention of its ownership share in the land at the Tamala Park landfill site; (b) that the Heads of Agreement to negotiate the withdrawal of the City of Stirling expired on 30 April 2011 and has not been renewed or extended; (c) the Town of Cambridge agrees to continue participating in the negotiations to facilitate the withdrawal of the City of Stirling; (iii) the City of Stirling's withdrawal from the Mindarie Regional Council will reduce the City of Stirling’s tipping costs and increase the tipping costs of the remaining members of Mindarie Regional Council, and the City of Stirling has offered no compensation for the increased tipping costs to the remaining members; (iv) in relation to negotiations for the withdrawal of the City of Stirling from the Mindarie Regional Council, the Town’s position is that the City of Stirling: (a) be paid no more than its: (i) paid-in capital contributions; and (ii) share of the Members Revenue Equalisation Reserve (i.e. unders/overs account); from current accumulated Mindarie Regional Council funds; (b) not be released from its liabilities under the Resource Recovery Facility guarantee to Biovision; (c) retain its post closure liabilities for the Tamala Park landfill in proportion to the tonnes tipped to the total of members tonnes over the life of the landfill; (d) retain its ownership share in the land at the Tamala Park landfill site; (v) in the event that Mindarie Regional Council agrees to pay the City of Stirling an amount greater than that detailed in (iv)(a) above, this Council applies to the Minister for Local Government to withdraw from Mindarie Regional Council in accordance with Section 699 of the Local Government Act 1960 at the same time and on the same financial terms as the City of Stirling for the following reasons: (a) the payment to the City of Stirling in excess of that detailed in (iv)(a) above will add greater financial risk to the members of the Mindarie Regional Council without any compensation for the increased cost of tipping that will be met by the members; (b) it is unlikely that the Town would be able to withdraw from the Mindarie Regional Council on similar terms in the future; H:\Ceo\Gov\Council Minutes\11 MINUTES\December 2011\D Item 10 Onwards.docx 236
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Council Minutes 20 December 2011
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COUNCIL MINUTES TUESDAY 20 DECEMBER
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Page 187 and 188: COUNCIL MINUTES TUESDAY 20 DECEMBER
Page 225 and 226: COUNCIL 20 DECEMBER 2011 Best Water
Page 227 and 228: COUNCIL 20 DECEMBER 2011 STRATEGIC
Page 229 and 230: COUNCIL 20 DECEMBER 2011 10.3 METRO
Page 231 and 232: COUNCIL 20 DECEMBER 2011 ADMINISTRA
Page 233 and 234: COUNCIL 20 DECEMBER 2011 (c) (d) (e
Page 235 and 236: COUNCIL 20 DECEMBER 2011 Discount P
Page 237: COUNCIL 20 DECEMBER 2011 A further
Page 241 and 242: COUNCIL 20 DECEMBER 2011 (a) (b) (c
Page 243: COUNCIL 20 DECEMBER 2011 14. CLOSUR
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Council Minutes - Town of Cambridge

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