St John’s controversy deepens as minister tells MP

Council can waive rates

Written by PHILIP NOLAN.- Source: Wangaratta Chronicle

RURAL City of Wangaratta councillors had every right to block a council move to impose rates on St John’s Village residents.

That view has been re-iterated a second time by the Minister for Local Government, Richard Wynne, following representations by Ken Jasper (MLA, Murray Valley) this week.

Councillors, however, were told at last week’s council meeting that rates would be imposed as of 2009/10 following legal advice, and were asked only to vote a recommendation that this action be noted.

Two councillors, Rozi Parisotto and Lauren O’Neill, registered protest votes, but three other councillors, Roberto Paino, Lisa McInerney and mayor Ron Webb, supported the motion after chief executive officer Doug Sharp said council did not have the discretion not to rate the residents.

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.

However, Minister Wynne sees it differently according to Mr Jasper.

"Mr Wynne has again confirmed in personal representations this week that the decision on the rating of St John’s Retirement Village was a decision for the council," Mr Jasper said.

"The minister responded that democratically elected councillors are responsible for making decisions about the level of rates required to meet their community’s need for services.

"He said the Local Government Act defined what land is rateable and also outlined provision for exceptions.

"These provisions give councils discretion to waive or defer rates for individuals or by class of ratepayers on the basis of financial hardship.

"It is clear that issue is one for interpretation by the individual council and that councils have discretion in particular circumstances, and I believe there is a strong case for an exception to be made in this instance."

He said that St John’s Retirement Village was a great success story for Wangaratta

"While I recognise the right of council to charge rates, I have sympathy for the residents of St John’s who went in believing rates were not payable," Mr Jasper said.

"Many of the residents are on Commonwealth pensions and have not budgeted for the payment of rates.

"St John’s is a not for profit organisation which returns all funds into services for the aged."