Council Minutes - Town of Cambridge

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;
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