Council Minutes - Town of Cambridge
Council Minutes - Town of Cambridge
Council Minutes - Town of Cambridge
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COUNCIL<br />
20 DECEMBER 2011<br />
(c)<br />
the financial interests <strong>of</strong> the <strong>Town</strong>'s ratepayers are better served by receiving<br />
a payment on similar terms as the City <strong>of</strong> Stirling for its share <strong>of</strong> the equity in<br />
Mindarie Regional <strong>Council</strong> than remaining a member <strong>of</strong> Mindarie Regional<br />
<strong>Council</strong>;<br />
(vi) a further report be prepared and presented to <strong>Council</strong> on the implications <strong>of</strong><br />
withdrawing from the Mindarie Regional <strong>Council</strong>.<br />
Amendment carried 8/0<br />
COUNCIL DECISION:<br />
That:-<br />
(i) the valuation <strong>of</strong> the Mindarie Regional <strong>Council</strong> determined by<br />
PricewaterhouseCoopers not be accepted as a basis for determining the<br />
withdrawal payment to the City <strong>of</strong> Stirling due to the flawed basis <strong>of</strong> the<br />
assumptions used to calculate the value, namely that the remaining members will<br />
incur a “commercial” surcharge to the tipping fees;<br />
(ii)<br />
the following be noted:<br />
(a)<br />
(b)<br />
(c)<br />
the position <strong>of</strong> the City <strong>of</strong> Stirling in relation to the value <strong>of</strong> its shareholding in<br />
the Mindarie Regional <strong>Council</strong>, retaining its liability relating to the Resource<br />
Recovery Facility guarantee and retention <strong>of</strong> its ownership share in the land<br />
at the Tamala Park landfill site;<br />
that the Heads <strong>of</strong> Agreement to negotiate the withdrawal <strong>of</strong> the City <strong>of</strong> Stirling<br />
expired on 30 April 2011 and has not been renewed or extended;<br />
the <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> agrees to continue participating in the negotiations to<br />
facilitate the withdrawal <strong>of</strong> the City <strong>of</strong> Stirling;<br />
(iii)<br />
the City <strong>of</strong> Stirling's withdrawal from the Mindarie Regional <strong>Council</strong> will reduce the<br />
City <strong>of</strong> Stirling’s tipping costs and increase the tipping costs <strong>of</strong> the remaining<br />
members <strong>of</strong> Mindarie Regional <strong>Council</strong>, and the City <strong>of</strong> Stirling has <strong>of</strong>fered no<br />
compensation for the increased tipping costs to the remaining members;<br />
(iv) in relation to negotiations for the withdrawal <strong>of</strong> the City <strong>of</strong> Stirling from the<br />
Mindarie Regional <strong>Council</strong>, the <strong>Town</strong>’s position is that the City <strong>of</strong> Stirling:<br />
(a) be paid no more than its:<br />
(i) paid-in capital contributions; and<br />
(ii) share <strong>of</strong> the Members Revenue Equalisation Reserve (i.e. unders/overs<br />
account);<br />
from current accumulated Mindarie Regional <strong>Council</strong> funds;<br />
(b) not be released from its liabilities under the Resource Recovery Facility<br />
guarantee to Biovision;<br />
(c) retain its post closure liabilities for the Tamala Park landfill in proportion to<br />
the tonnes tipped to the total <strong>of</strong> members tonnes over the life <strong>of</strong> the landfill;<br />
(d) retain its ownership share in the land at the Tamala Park landfill site;<br />
(v)<br />
in the event that Mindarie Regional <strong>Council</strong> agrees to pay the City <strong>of</strong> Stirling an<br />
amount greater than that detailed in (iv)(a) above, this <strong>Council</strong> applies to the<br />
Minister for Local Government to withdraw from Mindarie Regional <strong>Council</strong> in<br />
accordance with Section 699 <strong>of</strong> the Local Government Act 1960 at the same time<br />
and on the same financial terms as the City <strong>of</strong> Stirling for the following reasons:<br />
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