MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTES TUESDAY 27 NOVEMBER 2012 In addition, the RRFA has an ability for either Party to request an Agreed Variation to amend any part of the RRFA. This mechanism could also be used by BioVision if it felt that the KPI target mechanism and/or fee abatement mechanism was inappropriate. The request for an Agreed Variation would need to be fully substantiated by BioVision and given due consideration by the MRC. Technical Argument The MRC Administration acknowledges that the technical argument put forward by BioVision for the MRC not to abate the gate fee appears to be reasonable. Consequently, the Administration has requested that BioVision provide additional supporting information to substantiate its claim. This additional information is likely to be received in November 2012. The MRC Administration is of the opinion that it is preferable to provide BioVision with sufficient "breathing space" to substantiate its technical argument and not abate the fee as opposed to abating the fee and then having to unwind the consequences if this matter is resolved in accordance with BioVision's request. This is a consistent methodology that has been used throughout the past three years to resolve the numerous contractual differences between the parties. Comment When considering this report, the MRC decision was to agree to suspend the fee abatement mechanism relating to the Compost Quality KPI until the Ordinary Council Meeting of 6 December 2012 to allow parties time to address compost quality issues and the MRC administration to report back to Council. Item 8: City of Stirling Withdrawal - Submission to the Minister for Local Government This item was withdrawn and will be reconsidered at the next meeting on 6 December 2012. Item 9: RRF - Request for Relocation of Adjoining Tennant (CONFIDENTIAL REPORT) This item was previously considered at the Special Council meeting held on 20 September 2012 and deferred to this meeting. For some time there has been discussion between the MRC and the tenants living in a house on the property adjacent to the RRF in Neerabup. The request is to relocate the current tenants due to alleged odour from the RRF facility causing ill health to the tenants. As this matter is confidential and subject to legal privilege, details cannot be provided. The MRC decision was that:- 1. Mr Nick Trandos as the person acting on behalf of the Tulls be advised that the MRC does not accept that it is liable for the claim presented in correspondence to the MRC dated 12 April 2012 by Mr Nick Trandos on behalf of the Tulls; and H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\NOVEMBER 2012\C CR.DOCX 135
COUNCIL MINUTES TUESDAY 27 NOVEMBER 2012 2. Notwithstanding (1) above, Mr Nick Trandos be advised that the MRC, acting in good faith and on a "without prejudice" basis, is prepared to present a "first and final" offer to the Tulls allowing them to live in a unit on a property purchased by the MRC (value not to exceed $330,000, including GST, stamp duty, settlement costs and agency fees), managed by a real estate agent (chosen by MRC) using a common rental agreement that requires the Tulls to pay ALL outgoings including the local government's annual rates and FESA charges subject to:- a. Mr Nick Trandos and any other owners of lot 508 Pederick Street Neerabup agreeing to:- i. enter into an agreement preventing any further claims, and releasing any claims, against the MRC or BioVision in relation to the normal operations of the Resource Recovery Facility, arising in relation to lot 508 Pederick Street Neerabup or any other property; ii. iii. iv. not allowing any of the buildings on the properties detailed in (a) above to be used for habitable purposes including caretakers residence; be guarantor for the Tulls to cover any shortfall associated with the ongoing financial obligations placed upon them by the rental agreement detailed in (2) above and other utility expenses incurred for the term of their residency in the unit; and agreeing to the lodgement of a notification on the title of lot 508 and any other properties, under section 70A of the Transfer of Land Act 1893, of the existence of the Resource Recovery Facility. b. The Tulls entering into an agreement preventing any further claims, and releasing any claims, against the MRC or BioVison. 3. The Tulls tenancy of the property as detailed in (2) above will end when the Tulls give up the property. 4. The legal arrangements for the settlement with Mr Nick Trandos and any other owners of Lot 508 Pederick Street Neerabup or any other properties owned by the owners of lot 508 Pederick Street Neerabup within 500 metres of the RRF as detailed in (2) above being drafted by the MRC's solicitors, Herbert Smith Freehills, at the expense of the MRC and BioVision. 5. If the offer and associated conditions detailed in (2) above are accepted, and once the required legal agreements are drafted and duly signed by the parties concerned, then the MRC authorises the Chief Executive Officer to proceed to purchase a unit on a property up to a value of $330,000 including GST. 6. The costs associated with the purchase of the unit (estimated $330,000) and the legal fees (estimated $10,000) be funded in the half yearly budget review. (Absolute Majority Required). 7. The Council notes that at the time of the acquisition of the land from the owners of lot 508 Pederick Street Neerabup, Mr Trandos being one of the owners was aware that the Mindarie Regional Council was intending to construct an Alternative Waste Treatment Facility on the site and that the house located at lot 508 Pederick Street Neerabup was occupied for residential proposes. H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\NOVEMBER 2012\C CR.DOCX 136
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COUNCIL 27 NOVEMBER 2012 11. URGENT
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MEETING OF COUNCIL - Town of Cambridge

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