Legal action in rate fight

Source: Wangaratta Chronicle 21 Feb 09

St John’s considering appeal against council decision on village

Written by STEVEN BURKE.

THE St John’s Village board’s fight to keep its residents from paying municipal rates is far from over, with legal action being considered.

The village is still in shock over a split decision by Rural City of Wangaratta councillors, three votes to two, to impose rates on St John’s elderly residents.

Legal advice currently being sought by the St John’s board will decide whether that decision is challenged at a Victorian Civil and Administrative Tribunal (VCAT) hearing.

St John’s chief executive, Joe Caruso, said the decision to seek legal advice was made at a board meeting on Wednesday night.

"The board has requested a legal opinion in regards to our position and we will then be looking at challenging council’s decision through VCAT," he said.

Mr Caruso said he remained unconvinced council’s hands were tied and that there was no other option but to impose rates on the village.

He believes council does have the discretion not to apply rates under the Local Government Act, again referring to the example of aged care facilities in the Otway Shire.

"There are three facilities within that council that have been granted an exemption from paying rates," Mr Caruso said.

"They provide a three tiered level of care on a similar model to St John’s."

At the crux of the issue is St John’s argument that it is a charitable organisation and a care provider, and should therefore be exempt from rates.

"Our residents do not actually own their properties - what they have is a contract which gives them right of occupancy," Mr Caruso said.

Currently some 19 "terrace" units at St John’s are rated, while 75 new units are also set to incur rates.

But it is the potential rating of 31 of the original "self-care" units which has Mr Caruso most angry.

Council’s report presented at Tuesday night’s meeting states the units "may also be involved" and “it would appear the properties are all rateable under the terms of the Local Government Act”.

Seniors lose rate debate

St John’s residents to pay on properties this year

Written by STEVEN BURKE.- Wangaratta Chronicle - 18 Feb 09

PROTEST votes by Rural City of Wangaratta councillors, Rozi Parisotto and Lauren O’Neill, have failed to stop St John’s Village residents becoming ratepayers.

A busload of St John’s residents made the trip out to Edi Upper Hall last night to hear whether they would begin paying rates in the 2009/2010 financial year.

And their drive back to Wangaratta was a long one, after council passed the motion by a majority of three to two.

Crs Roberto Paino, Lisa McInerney and mayor Ron Webb voted the recommendation through, with Crs O’Neill and Parisotto voting against it.

Cr Doug McPhie was absent and Cr Anthony Griffiths had to be excused from voting due to a conflict of interest, as both his wife and mother work at St John’s Village.

But the vote was a mere formality, with council chief executive, Doug Sharp, saying council was legally obliged to begin rating the previously unrated properties.

"In our view and with the legal advice we have, council doesn’t have the discretion not to rate these properties," he said.

"Our advice therefore is that council can only note these reports."

St John’s chief executive officer, Joe Caruso, was allowed to address councillors before they voted.

He used the example of an aged care facility in the Otway Shire, to argue that council did have the power of discretion in applying rates.

"I’ve had the opportunity to talk to people within Otway Shire and they’ve agreed that if St John’s Village had have been in that particular shire, we would be granted rating exemption, as we have been for quite some time," he said.

While voting against the recommendation to rate St John’s, Cr Parisotto admitted council’s hands were tied.

"I actually feel quite sick to the stomach when confronted with this and we as councillors do have to make a decision," she said.

Cr Parisotto said while the Local Government Act didn’t appear to give council the discretionary power not to rate the properties, the matter should be refered to Minister for Local Government, Richard Wynne, so he could consider an exemption, based on the precedence that has taken place over the past 40 years.

Cr O’Neill said she would contact Minister Wynne first thing today.

"I’ll be forwarding all the information I have and asking him to make a ministerial ruling on the issue," she said.

"I feel I should have a say in this decision making process but unfortunately, whatever I do as a councillor tonight, it isn’t going to make any difference."

Cr McInerney said it was not the role of councillors to put forward an opinion on whether to rate properties.

"Our role as council is to note a legal report," she said.

Cr Paino agreed, saying it was inevitable the rating of St John’s Village would begin.

"If it is governed that properties are rateable, we are charged with the responsibility of applying rates," he said.

"We just simply cannot say, we’re not going to rate you because we like you."

Officers, legal advice supports rating village folk

Written by STEVEN BURKE. - Wangaratta Chronicle 16 Feb 09

ST JOHN’S Village residents will be hit with council rates later this year, if Rural City of Wangaratta councillors follow council officers’ recommendations and legal advice.

A report to go to council at tomorrow night’s meeting in Edi Upper recommends council begin extracting rates from more than 100 previously unrated residential units beginning in the 2009/10 financial year.

There are currently 19 residential units being rated at St John’s Village, which has been the case since 2002/03.

A further 31 have never been rated, while another 78 units are caught up in council’s valuation process.

It is expected there will be more than 200 units on completion of the "terrace" development.

Council has sought legal advice over its intention to impose the rates, after the proposal met with opposition from St John’s Village residents and Ken Jasper (MLA, Murray Valley).

If council does impose rates on the residents, it would overturn a 1968 decision by the Shire of Wangaratta, which declared the village exempt from rates.

But the report states council has received new legal advice from Maddocks Lawyers, which advises that changes to the Local Government Act since 1968 "and a number of court decisions, would make the shire’s legal advice outdated".

The report refers to section 154 of the Local Government Act, which states that all land is rateable, except if it is used exclusively for charitable purposes.

It also discusses the possibility of council applying a concessional rating arrangement to St John’s Village, but concedes the residents are not eligible to qualify for the rating concession, which currently benefits groups including Baptist Social Services and Uniting Care Goulburn North East.

"Concessional rating was adopted as part of council’s 1996/97 rating strategy and should be reviewed with the intention of implementing a consistent rating approach to those organisations providing aged and low income housing," the report states.

There is expected to be strong debate over the adoption of the proposal, with councillors Rozi Parisotto and Lauren O’Neill previously speaking out against it, while Crs Roberto Paino and Lisa McInerney have indicated they were in favor of rating the units in the same way as other homes.

Eco Village tourism for Lake William Hovell

Sourse: Wangaratta Chronicle - 13.10.08

G-MW have dam accommodation plan, but credit crunch a set back

Written by JEFF ZEUSCHNER.

COMMERCIAL accommodation remains on the cards for Lake William Hovell.

But the current global financial crisis may delay any immediate plans.

Goulburn-Murray Water has confirmed it has identified a preferred developer for an eco-tourism type accommodation development which will be a first at the picturesque storage in the King Valley.

However, G-MW manager for strategic and stakeholder affairs, Garry Smith, said the current credit crunch may make it difficult for the developer to attract an investor in that type of recreational and leisure market at present.

"We had a great deal of interest when we approached the open market for ideas for a commercial accommodation development in keeping with the lake’s tranquil, bushland environment," he said.

"We know there is a good opportunity, but we’re just waiting to see what happens in the market.

"We won’t be putting the matter on ice though."

He said going back to the market for further expressions of interest was a future possibility.

It is understood the commercial accommodation being pursued is of an ‘eco-lodge’ style, which would blend in with the thick alpine forest and make use of the passive recreation, such as fishing and bushwalking.

G-MW had previously said that a caravan park or lakeside resort was not considered a desirable alternative.

The authority said it is always looking at ways it can work with local communities and authorities, and that any specific private development proposal for the dam would be subject to consultation with the Rural City of Wangaratta and the wider community.

Rural city economic development manager, Graham Nickless, said council had had contact from a party who had submitted an expression of interest to G-MW.

A lack of commercial accommodation in the King Valley had been identified in a 2002 masterplan undertaken for council.

Mr Nickless said accommodation could take advantage of the picturesque valley, with its many wineries, burgeoning gourmet produce, wonderful bushland and trout fishing.

Whitfield community wish list

njtvcPublished by The Chroniclel - 23/07/2008. Archived 23/07/08

A CHILDREN’S playground, community centre and riverside walkway top the wish list for residents of Whitfield.

A meeting of about 45 community members was held at the Swinburne Pavilion on Sunday to discuss the future direction of the King Valley town.

Out of the landmark gathering came a list of 10 priorities, with a volunteer assigned to pursue each one.

Wendy Wilson from the Whitfield Recreation Reserve Committee of Management said there was strong support to establish a children’s playground for public use.

"There is a playground at the school but some parents don’t feel comfortable using it outside of school hours," she said.

"It was also suggested that the recreation reserve would be a good place to put it for families who go to watch the football on the weekends."

An upgrade of the Swinburne Pavilion and development of a communitycentre were also backed by the group, and follows a $23,000 State Government grant for the project in February.

The reserve committee was awarded the funding to undertake a feasibility study into a new community complex to provide a meeting place for the local community, as well as child care, kindergarten and health care services.

Ms Wilson said the meeting felt there was a need for other options in the town, including a place to hold events such as a winery expo.

Other actions identified by the group included:

• walkway along the King River;

• drainage/stormwater infrastructure;

• youth activities; and

• a sealed road between Whitfield and Myrrhee.

Ms Wilson said the meeting overall was a success, and provided community members with "some positive direction".

"People walked away feeling as though we have somewhere to go next and that there is a chance that we can achieve these things," she said.

A second community meeting is being organised for Sunday, August 10.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Original article available here until 25/07/08
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Comment:
Go to King Valley Watchdog article Whitfeld’s hidden agenda for comments

National Constitutional Summit - December 2008

The achievement of formal recognition remains one of the most cherished goals of local government, so we can finally take a seat at the federalism table as an equal partner with the states and the Commonwealth. The recognition of local government in the Constitution has been central to debate at successive National General Assemblies of Local Government.

The push to achieve constitutional recognition of local government has been given new impetus with the election, last November, of a Labor Federal Government. The Australian Labor Party went into the election with a commitment to consult, during its first term, with local government on the process for achieving constitutional recognition. ALGA President Cr Paul Bell says that this time we have a chance to get it right. "We must all work together to ensure we get a successful result," he said. "I strongly believe we now have our best opportunity for a generation."

ALGA, in consultation with state and territory local government associations, is convening a National Constitutional Summit at the end of this year to bring together councils to discuss and reach agreement on a position to put to the Federal Government. Prior to that Summit, meetings will be held at state and territory level to consider the issues in detail.

Recognition in the Australian Constitution is one of the most important challenges facing local government today. Note the dates of the National Constitutional Summit in your diary now to ensure you don't miss out on this important event. Venue and registration details will be included in forthcoming.