VISION OF COUNCIL

 

"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."

 

 

AGENDA

Business of an Urgent Nature

 

 

FOR THE

 

Ordinary Meeting of Council

 

18 April 2019

 


OUR VISION

 

"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."

 

OUR MISSION

 

“To deliver affordable and quality Local Government services.”

 

CORE VALUES OF THE SHIRE

 

The core values that underpin the achievement of the

 mission will be based on a strong customer service

focus and a positive attitude:

 

Communication

 

Integrity

 

Respect

 

Innovation

 

Transparency

 

Courtesy

 

DISCLAIMER

The purpose of Council Meetings is to discuss, and where possible, make resolutions about items appearing on the agenda.  Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting.

 

Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25 (e)) establish procedures for revocation or rescission of a Council decision.  No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person.  The Shire of Broome expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.

 

 

Should you require this document in an alternative format please contact us.

  


AgendaOrdinary Meeting of Council 18 April 2019                                                                                          Page 3 of 4

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 18 April 2019

INDEX – Business of an Urgent Nature

 

8.               Matters for Which the Meeting May be Closed.. 4

12.            Business of an Urgent Nature. 5

12.1   NOTICE OF INTENTION TO IMPOSE 2019/20 DIFFERENTIAL RATES. 5

12.2   REQUEST FOR QUOTE 18/56 - CHINATOWN REVITALISATION PROJECT. 26

12.3   REQUEST FOR TENDER18/09 Town Beach Precinct Greenspace Tender. 27

14.            Matters Behind Closed Doors. 28

 

 


AgendaOrdinary Meeting of Council 18 April 2019                                                                                          Page 4 of 5

 

8.         Matters for Which the Meeting May be Closed

The Chief Executive Officer advises that there are matters for discussion on the agenda for which the meeting may be closed, in accordance with section 5.23(2) of the Local Government Act 1995.

Recommendation

That the following Agenda items be considered under 14. Matters Behind Closed Doors, in accordance with section 5.23(2) of the Local Government Act 1995, as specified:

12.2       REQUEST FOR QUOTE 18/56 - CHINATOWN REVITALISATION PROJECT

Item 12.2 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

12.3       REQUEST FOR TENDER 18/09 TOWN BEACH PRECINCT GREENSPACE TENDER

Item 12.3 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.

 

 

 


AgendaOrdinary Meeting of Council 18 April 2019                                                                                          Page 5 of 6

 

12.       Business of an Urgent Nature

 

12.1       NOTICE OF INTENTION TO IMPOSE 2019/20 DIFFERENTIAL RATES

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           468

AUTHOR:                                                   Manager Financial Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    2 April 2019

 

SUMMARY:         As part of the 2019/20 budget process, Council is required to endorse the proposed differential rates for local public notice seeking public comment for not less than 21 days. This provides an opportunity for public submissions to be considered prior to the final adoption of rates.  In summary, the proposed rates for the 2019/20 financial year deliver a general rate increase of 1.75% required to balance the draft budget for 2019/20. 

The UV Mining rating category is proposed to have a lesser minimum payment of $500 consistent with 2018/19. Minimum payments on all other properties are proposed to remain at $1,220.

 

 

BACKGROUND

The purpose of levying rates is to meet Council’s budget requirements in each financial year in order to deliver services and community infrastructure. The rates levied on properties are determined by applying the rate in the dollar to the applicable valuation amount of the properties in the district. The methods of land valuation are determined by the Minister for Local Government and Communities (the Minister) and the actual amount of property valuation is provided by the Valuer General’s Office (VGO).

The application of differential rates takes into consideration section 6.33 of the Local Government Act 1995 (LGA) which provides the ability to differentially rate properties based on zoning and/or land use as determined by the local government.

Section 6.35 of the LGA also provides the ability to impose a minimum payment which is greater than the general rate which would otherwise be payable on that land. The application of differential rating on the basis of land use and/or zoning results in a rate in the dollar and minimum payment amounts for each rating category.

In accordance with section 6.36 of the LGA, a local government is required to give local public notice of intention of imposing differential general rates or a minimum payment.

The application of differential rates and minimum payments maintains equity in the rating of properties across the Shire of Broome (the Shire), enabling Council to provide facilities, infrastructure and services to the entire community and visitors.

This report has been developed to present to Council:

1.   The 2019/20 budget process to date including revenue required to be raised from rates as per the 2019/20 draft budget;

2.   The proposed rating categories and corresponding valuations;

3.   The proposed rate in the dollar for each rating category reflecting a 1.75% increase from the preceding year;

4.   The proposed minimum payments for each rating category, which remained the same as the preceding year. Once again UV Mining category is set at a lower level to ensure compliance with section 6.35 of the LGA;

5.   An illustration of the proposed differential rates and minimum payments required to be raised to balance the 2019/20 budget;

6.   The requirement to advertise certain rating information through public notice; and

7.   The requirement to consider submissions received in relation to the proposed rates.

Recommendations are also included in this report for Council’s consideration.

 

COMMENT

 

1.  Summary of budget process to date and revenue required to be raised from rates

 

A number of Council presentations and workshops have been held to date including:

 

29 and 30 October 2018

Overview of Integrated Planning and Reporting Framework

21 March 2019

Draft Fees & Charges and Operating Budget which includes Engineering Works Resource Budget

4 April 2019

Capital Budget & Project Briefs, Plant Replacement, Project Site Visit and Rates Information

 

The draft budget was primarily developed with reference to Council’s adopted Corporate Business Plan (CBP), Long Term Financial Plan (LTFP) and Asset Management Plans (AMP’s). Consideration was also given to a number of project briefs that were submitted by staff and presented to Council through the aforementioned workshops.

 

Following deliberations and feedback provided by Councillors at the Budget Workshop on 4 April 2019, minor amendments have been made to the draft budget documents. As part of the budget workshops with Council, it was identified that $22.77M of rates revenue was required to achieve a balanced budget in 2019/20. 

 

Key achievements in this year’s budget include:

·    Zero-based budgeting and operational revenues, expenses and net results in line with the 2019/20 LTFP;

·    A continued focus by officers in leveraging Council funds to attract significant grant funding; and

·    A focus on revenue raised through fees and charges.

 

All of these factors have resulted in a proposed rate increase being contained to 1.75% across all differential rating categories to deliver the priorities and services of Council. This proposed increase is slightly higher than the indicative figure of 1% included within the Shire’s LTFP.

A proposed minimum rate of $1,220 has been applied to all rating categories except for the UV-Mining category which has been maintained at $500 to ensure compliance with section 6.35 of the LGA.

 

The proposed 1.75% increase in rates enables the delivery of the following key capital projects within the draft budget:

 

·    Town Beach Jetty - $11.3M

·    BRAC Outdoor Multi Sport Court Upgrade - $2.5M

·    Plant Replacement - $1.8M (key items include replacement of heavy machinery and fleet vehicles)

·    McDaniel Road Upgrade Stage 1 - $1M

·    Chinatown Revitalisation Program Stage 2 - $800K

·    Herbert and Saville Roundabout - $692K

·    Urban roads reseal program - $611K

·    Renewal and upgrades of various parks, ovals and pubic open spaces - $503K

·    Furniture, equipment, capital ICT hardware and software projects- $460K

·    Frederick Street and other drainage - $315K

·    Various street lighting - $309K

·    Other road upgrades- $274K

·    Waste Management Facility Posi-Shell waste cover - $235K

·    Broome Volunteer Bushfire Brigade Shed - $224K

·    Various footpath constructions, renewals and upgrades - $224K

·    Waste Management Facility capping and other rehabilitation - $200K

·    Chinatown Entry Statement - $200K

·    Renewal of various buildings - $165K

·    Waste Management Facility Tyre Processing - $158K

·    Australia Day, Reconciliation Week, Chinatown Christmas decorations and various community events - $102K

·    Implementation of economic development, youth framework and community safety plan - $100K

·    Review of Local Planning Scheme and Local Planning Strategy - $80K

·    Road Visual Condition Survey - $80k

·    Town Beach Erosion Study and various shoreline monitoring program - $79K

·    Streeters Jetty Renewal - $68K

·    Cemetery Ground Penetrating Radar - $65K

·    Cable Beach Foreshore Redevelopment Business Case - $60K

·    Skate Park Design - $58K

·    Installation of large fans at BRAC - $51K

·    BRAC Tennis Fencing renewal - $44K

·    Various bus facilities renewal and upgrade - $30K

·    Carparks and bus bays - $30K

·    BRAC adjustable backboards - $28K

·    Cricket facilities upgrade - $17K

·    Surf Life Saving Club access bridge renewal - $15K.

 

The basis of the proposed rates modelling to achieve these capital projects and normal operational services is outlined in the following parts of this report.

 

2.  2019/20 Rating Categories and Corresponding Valuation Amounts

 

Gross Rental Value (GRV)

 

The LGA prescribes that properties of non-rural purpose be rated using GRV as the basis of calculation of annual rates. The Valuer Generals Office (VGO) determines the GRV for all properties within the Shire. As per section 22 of the Valuation of Land Act 1978, the VGO determines the frequency of general valuations although historically a GRV revaluation has occurred every three to five years. The most recent valuation was undertaken in September 2014, effective from 1 July 2015.

 

In October 2018, the VGO commenced a review of all GRV properties within the Shire with revised valuations to become effective from 1 July 2019.

 

Given the relationship between GRV and rental potential, property owners and the Shire are potentially exposed to large variations in property values from one valuation cycle to the next. For example, as can be seen in the tables below, there is an average reduction of 4.74% in total rateable land value between 2015/16 and 2019/20. It is important for both ratepayers and Council to recognise that changes in land values do not automatically drive changes to overall rates.

 

The 4.74% average decrease in GRV is also not uniform for all properties. As can be observed from the tables below, the average change in GRV of residential properties differed from that of commercial, tourism and vacant properties. Furthermore, the average change in GRV also varied one suburb to another.

 

In seeking to achieve a balanced budget and a single rate in the dollar for each rating category, the Shire amended its rate in the dollar and reviewed the relative rates burden placed on each category. This provided a fair and equitable methodology in achieving a required rate increase of 1.75%.

 

Change in GRV summarised by rating category

 

 

Change in GRV summarised by suburb

 

 

Properties rated based on GRV are categorised as follows:

 

a.   GRV – Residential – This rating category consists of properties located within the townsite boundaries which have a predominant residential use. The object of the rate for this category is to be the base rate by which all other GRV rated properties are assessed. The reason is that the other GRV rating categories have a higher demand on Shire resources and vacant land is encouraged to be developed.

b.   GRV – Vacant – This rating category consists of vacant properties located within the townsite boundaries including land zoned as Tourist, Commercial or Industrial. The object of the rate for this category is designed to encourage land owners to develop vacant land, discourage land banking and to reflect the different method used for the valuation of vacant land as compared to the GRV-Residential rate category. The reason is that excessive vacant land leaves subdivisions and various parts of the Shire appearing barren and unsightly to the detriment of the aesthetics of the area. The rate in the dollar for this category is 62% higher than the GRV-Residential base rate.

c.   GRV – Commercial – This rating category consists of properties used for Commercial, Town Centre or Industrial purposes excluding properties with a tourism use. The object of the rate for this category is to raise additional revenue to fund the costs associated with the higher level of service provided to properties in this category. The reason is that the Shire incurs higher costs to service these areas including car park infrastructure, landscaping and other amenities. In addition, extra costs are also associated with economic development activities that have a benefit to these ratepayers. The rate in the dollar for this category is 10% higher than the GRV–Residential base rate.

d.   GRV – Tourism – This rating category consists of properties with a tourism use. The object of the rate for this category is to raise additional revenue to fund the costs associated with the higher reliance on Shire resources and the higher level of service provided to properties in this category. The reason this category is rated higher than the base rate for GRV is to fund costs associated with the heavier use of infrastructure and other Council assets and services in addition to contribution towards tourism promotion activities. The rate in the dollar for this category is 53% higher than the GRV–Residential base rate.

 

Unimproved Value (UV) Revaluations

 

Properties that are predominantly used for rural purposes are assigned a UV valuation. The rate in the dollar set for the UV-Rural category forms the basis for calculating all other UV differential rates.

 

UV properties are updated and re-valued by the VGO on an annual basis with the most recent valuations taking effect from 1 July 2019. UV-Rural revaluations have yet to be received from the VGO at the date of this report although the VGO advised that they are not expecting any changes in the general valuations of unimproved values in Broome and therefore rateable value of UV properties in 2019/20 are expected to remain the same as 2018/19. UV-Mining revaluations had not been received as at the date of this report and expected to be available late May. Council will be consulted should these valuations affect the rate model as presented.

 

a.   UV – Rural – This rating category consists of properties that are exclusively for rural use. The object of the rate for this category is to be the base rate by which all other UV rated properties are assessed. The reason is that the other UV rating categories have a higher demand on Shire resources.

b.   UV - Commercial Rural – This rating category consists of properties that are outside of the town site that have a commercial use inclusive of:

Pearling Leases;

Pastoral leases or Pastoral use;

As a consequence of the UV to GRV review in 2016/17, caravan parks, roadhouses and other short stay accommodation facilities previously classified in 2016/17 under this category have been classified to either GRV-Tourism or GRV-Commercial depending on the nature of the related business.

The object of the rate for this category is to raise revenue to fund the additional costs of servicing these properties. The reason is that the Shire incurs higher costs in infrastructure maintenance as a result of extra vehicle movements on the Shire’s road network due to the activities associated with these properties.

c.   UV – Mining – This rating category consists of properties that are used for mining, exploration or prospecting purposes. The object of the rate for this category is to raise additional revenue to fund the additional cost impacts to the Shire. The reason this category is rated higher than UV-Commercial is to reflect the higher road infrastructure maintenance costs to Council as a result of frequent heavy vehicle use over extensive lengths of Shire roads throughout the year.

 

3.  The Proposed Rate in the Dollar

 

Following deliberations at the Budget Workshop on 2 April 2019 and feedback provided by Councillors, minor amendments have been made to the draft budget documents.  The draft budget documents included a proposed general rate increase of 1.75% for all differential rating categories. Rates modelling has been undertaken and adjustments in the proposed general rates in the dollar and minimum payments have been made with consideration to achieving a minimal rate increase given the current economic climate.

 

As part of the annual budget process, Council must determine the general rate in the dollar to be used in the 2019/2020 financial year. Following receipt of the triennial GRV valuation from the VGO, which will apply from the financial year 2019/20 onwards, the Shire has adjusted the rate in the dollar to moderate the impact of the triennial revaluation as there has been a significant impact for most properties. This has been achieved by calculating the rate in the dollar that will result in a rate yield from each rating category that is 1.75% higher than 2018/2019 rate yield. The overall objective for the 2019/20 differential rating approach is an attempt to ease the burden of the GRV revaluation whilst ensuring that the required rates revenue to balance the budget is collected on an equitable basis, enabling the Shire to provide facilities, infrastructure and services to the entire community.

 

Differential Rate Category

Minimum Payment

Proposed

Rate in the $ (Cents)

Proposed

GRV – Residential

$1,220

10.8224

GRV – Vacant

$1,220

19.8104

GRV – Commercial/Industrial

$1,220

11.2119

GRV – Tourism

$1,220

14.6665

UV – Rural

$1,220

0.7623

UV – Mining

$500

11.7729

UV – Commercial Rural

$1,220

3.1875

 

The proposed rate in the dollar for each rating category is summarised in the table above and reflects a 1.75% increase from the preceding year.

 

4.  The Proposed Minimum Payments

 

As part of the annual budget process, Council must determine the minimum payment for differential rating categories to be used in the 2019/20 financial year.

 

The setting of minimum rates within rating categories recognises that every property receives some minimum level of benefit from the works and services provided by the Shire which is shared by all properties regardless of size, value and use. A proposed minimum rate of $1,220 has been applied to all rating categories except for the UV-Mining category which has been set at $500.

 

UV of mining tenements ranges from $10 to $74,000 with an average UV of $17,334. The minimum rate for the UV-Mining category is set at a lower level compared to the other rating categories in order to ensure that the rate burden is distributed equitably between all other property owners paying the minimum amount. This will also ensure that less than 50% of the properties in this category are on the minimum rate and comply with section 6.35 of the LGA.

 

5.  Rates from Proposed Differential Rates and Minimum Payments Making up the 2019/20 Budget Deficiency

 

Applying the rate in the dollar to the rateable value of the various properties within each rating category results in an estimated total rates of $22.77M, which is 100% of the $22.77M budget deficiency. This percentage satisfies the requirements of section 6.34 of the LGA.

 

Detailed calculations illustrating the resulting rates for all differential rating categories along with associated minimum payments is summarised in Attachment 3 of this report.

 

The following factors have been considered in the rates analysis due to their impact on ratepayers and yield and have been accounted for when setting the proposed rate in the dollar:

·     The number of rateable properties compared to last year has increased from 6,847 in 2018/19 to 6,869 in 2019/20. This change is the net effect of the following changes:

32 vacant properties previously classified as GRV - Commercial have been classified as GRV - Vacant;

12 vacant properties previously classified as GRV - Tourism have been classified as GRV - Vacant;

Surrender of 2 mining tenements;

Several subdivisions of GRV - Residential land and changes to the rates exemption status of certain properties (e.g. Department of Housing) resulted in 24 additional rateable properties;

·     $nil has been modelled to be received in interim rates for 20120.

·     The UV-Mining minimum payments amount remain at $500.

·     Minimum payments for all other rating categories remain at $1,220.

 

The proposed objects and reasons for Differential Rating for 2019/2020 is found in Attachment 2.

 

From a statutory perspective, it is important to note that section 6.35 of the LGA requires a local government to ensure that the general rate is imposed on not less than 50% of the number of separately rated properties or 50% of the number of properties in a differential general rate category.  This has been achieved in all categories except in GRV – Vacant.  It is proposed that Ministerial approval be sought in this circumstance to ensure a consistent rate increase is applied to all properties within this category.

 

In line with previous years, Ministerial approval must also be sought in accordance with section 6.33 of the LGA for the proposed UV-Mining and UV-Commercial Differential General rates as these are more than twice the lowest UV general rate. 

 

It is acknowledged that the UV-Mining revaluations will require analysis upon receipt, however it is intended to ensure a comparable rate yield plus 1.75% is achieved from each UV category, thus not impacting the proposed total rate revenue.  Council will need to consider these valuations prior to formally adopting differential rates and may need to adjust the UV rates in the dollar accordingly.  In order to progress timely adoption of the budget it is proposed to seek public comments on the proposed UV differential rates indicating a 1.75% rate increase, however understanding this will be reviewed in due course upon receipt of UV-Mining valuations.

 

6.  The Required Public Notice of Certain Rates

 

Section 6.36 of the LGA requires the Council to give local public notice of its intention to impose differential general rates or a minimum payment applying to a differential rate category. This allows the ratepayers to see how properties are rated across the district.

 

As per section 1.7 and 6.36 of the LGA, the local public notice of differential rates must:

·     be published at least once in a newspaper circulating generally in the district;

·     be displayed on a notice board at the local government’s offices;

·     be displayed on a notice board at each local government library;

·     contain details of each rate or minimum payment the Council proposes to impose;

·     advise where a document can be inspected that provides the objects of and reasons for each proposed rate and minimum payment;

·     contain an invitation for electors or ratepayers to lodge submissions on any of the proposals within 21 days from the date of notice (i.e. the 21-day submission period excludes the first day of publishing); and

·     be published within the period of 2 months prior to 1 July 2019 (i.e. not earlier than 1 May).

 

Council must then consider any submissions received prior to seeking the Minister’s approval (should this be required) and prior to formally adopting the differential rates and minimum payments as part of the annual budget process.

 

CONSULTATION

 

Department of Local Government, Sport and Cultural Industries

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

1.7         Local public notice

(1)         Where under this Act local public notice of a matter is required to be given, a notice of the matter is to be — 

(a)         published in a newspaper circulating generally throughout the district; and

(b)         exhibited to the public on a notice board at the local government’s offices; and

(c)         exhibited to the public on a notice board at every local government library in the district.

(2)         Unless expressly stated otherwise it is sufficient if the notice is — 

(a)         published under subsection (1)(a) on at least one occasion; and

(b)         exhibited under subsection (1)(b) and (c) for a reasonable time, being not less than — 

(i)      the time prescribed for the purposes of this paragraph; or

(ii)     if no time is prescribed, 7 days.

6.28      Basis of Rates

1).         The Minister is to -

(a)        determine the method of valuation of land to be used by a local government as the basis for a rate; and

(b)        publish a notice of the determination in the government gazette.

2).         In determining the method of valuation of land to be used by a local government the Minister is to have regard to the general principle that the basis for a rate on any land is to be –

(a)        where the land is used predominantly for rural purposes, the unimproved value of the land, and

(b)        where the land is used predominantly for non-rural purposes, the gross rental value of the land.

6.32       Rates and service charges

(1)       When adopting the annual budget, a local government — 

(a)        in order to make up the budget deficiency, is to impose* a general rate on rateable land within its district, which rate may be imposed either — 

(i)         uniformly; or

(ii)         differentially; and

(b)         may impose* on rateable land within its district — 

              (i)         a specified area rate; or

              (ii)         a minimum payment; and

(c)         may impose* a service charge on land within its district.

* Absolute majority required.

(2)      Where a local government resolves to impose a rate it is required to — 

(a)         set a rate which is expressed as a rate in the dollar of the gross rental value of rateable land within its district to be rated on gross rental value; and

(b)         set a rate which is expressed as a rate in the dollar of the unimproved value of rateable land within its district to be rated on unimproved value.

6.33      Differential general rates

(1)        A local government may impose differential general rates according to any or a combination, of the following characteristics -       

(a)        the purpose for which the land is zoned under a local planning scheme in force under the Planning and Development Act 2005;

(b)        the predominant purpose for which the land is held or used as determined by the local government;

(c)        whether or not the land is vacant land; or

(d)        any other characteristic or combination of characteristics prescribed.

6.34       Limit on revenue or income from general rates

Unless the Minister otherwise approves, the amount shown in the annual budget as being the amount it is estimated will be yielded by the general rate is not to — 

(a)       be more than 110% of the amount of the budget deficiency; or

(b)      be less than 90% of the amount of the budget deficiency.

6.35.     Minimum payment

(1)         Subject to this section, a local government may impose on any rateable land in its district a minimum payment which is greater than the general rate which would otherwise be payable on that land.

(2)         A minimum payment is to be a general minimum but, subject to subsection (3), a lesser minimum may be imposed in respect of any portion of the district.

(3)         In applying subsection (2) the local government is to ensure the general minimum is imposed on not less than —

(a)        50% of the total number of separately rated properties in the district; or

(b)        50% of the number of properties in each category referred to in subsection (6),

on which a minimum payment is imposed.

(4)         A minimum payment is not to be imposed on more than the prescribed percentage of —

(a)        the number of separately rated properties in the district; or

(b)        the number of properties in each category referred to in subsection (6),

             unless the general minimum does not exceed the prescribed amount.

(5)         If a local government imposes a differential general rate on any land on the basis that the land is vacant land it may, with the approval of the Minister, impose a minimum payment in a manner that does not comply with subsections (2), (3) and (4) for that land.

(6)         For the purposes of this section a minimum payment is to be applied separately, in accordance with the principles set forth in subsections (2), (3) and (4) in respect of each of the following categories — 

(a)        to land rated on gross rental value; and

(b)        to land rated on unimproved value; and

(c)        to each differential rating category where a differential general rate is imposed.

[Section 6.35 amended by No. 49 of 2004 s. 61.]

 

6.36       Local government to give notice of certain rates

(1)       Before imposing any differential general rates or a minimum payment applying to a differential rate category under section 6.35(6)(c) a local government is to give local public notice of its intention to do so.

(2)    A local government is required to ensure that a notice referred to in subsection (1) is published in sufficient time to allow compliance with the requirements specified in this section and section 6.2(1).

(3)      A notice referred to in subsection (1) — 

(a)      may be published within the period of 2 months preceding the commencement of the financial year to which the proposed rates are to apply on the basis of the local government’s estimate of the budget deficiency; and

(b)         is to contain — 

(i)         details of each rate or minimum payment the local government intends to impose; and

(ii)      an invitation for submissions to be made by an elector or a ratepayer in respect of the proposed rate or minimum payment and any related matters within 21 days (or such longer period as is specified in the notice) of the notice; and

(iii)      any further information in relation to the matters specified in subparagraphs (i) and (ii) which may be prescribed; and

(c)         is to advise electors and ratepayers of the time and place where a document describing the objects of, and reasons for, each proposed rate and minimum payment may be inspected.

(4)       The local government is required to consider any submissions received before imposing the proposed rate or minimum payment with or without modification.

(5)       Where a local government — 

(a)         in an emergency, proposes to impose a supplementary general rate or specified area rate under section 6.32(3)(a); or

(b)         proposes to modify the proposed rates or minimum payments after considering any submissions under subsection (4),

it is not required to give local public notice of that proposed supplementary general rate, specified area rate, modified rate or minimum payment.

 

6.47       Concessions

Subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive* a rate or service charge or resolve to grant other concessions in relation to a rate or service charge.

* Absolute majority required

 

POLICY IMPLICATIONS

 

2.1.5     Rural Rating

2.1.6     Tourism Administration Policy

 

FINANCIAL IMPLICATIONS

 

The proposed differential rates and minimum payments for the 2019/20 financial year will raise estimated rates revenue of $22.77M. A detailed rates model is attached (attachment 3).

 

RISK

 

Future decisions on this matter impact the rates levied on the districts ratepayers.

 

There is possible moderate risk of non-compliance with the LGA, possible moderate level public embarrassment and almost certain major financial implications to Council. In order to mitigate these risks, it is advised that Council support the recommendations of this report.

 

STRATEGIC IMPLICATIONS 

 

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Publishes a local public notice proposing the 2019/20 differential general rates and minimum payments set out in the table below and invites electors or ratepayers to lodge submissions about this proposal within 21 days from the date of notice:

 

DIFFERENTIAL RATE CATEGORY

 

 

RATE IN THE DOLLAR

(cents)

 

MINIMUM PAYMENT

Residential (GRV)

10.8224

$1,220

Vacant (GRV)

19.8104

$1,220

Commercial (GRV)

11.2119

$1,220

Tourism (GRV)

14.6665

$1,220

Mining (UV)

11.7729

$500

Rural (UV)

0.7623

$1,220

Commercial Rural (UV)

3.1875

$1,220

2.       Adopts the Objects and Reasons presented in Attachment 2 for each of the proposed differential general rates and minimum payments in point 1 above; and

3.       Following the close of the public submission period, requests the Chief Executive Officer to report back to Council, presenting any submissions for formal consideration prior to seeking Minister’s Approval:

(a)     Under section 6.33(3) of the Local Government Act 1995 to impose differential rates for those rates that are more than twice the lowest differential rate.

(b)     Under section 6.35(5) of the Local Government Act 1995 to impose a minimum payment of $1220 on GRV - Vacant properties as exemption to subsections 2, 3 and 4 of section 6.35 of the Local Government Act 1995.

 

Attachments

1.

2019-2020 Draft Local Public Notice to Impose Differential Rates

2.

2019-2020 Draft Rating Objects and Reasons

3.

2019-2020 Proposed Rates Model

  


Item 12.1 - NOTICE OF INTENTION TO IMPOSE 2019/20 DIFFERENTIAL RATES

 

 

PDF Creator


Item 12.1 - NOTICE OF INTENTION TO IMPOSE 2019/20 DIFFERENTIAL RATES

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 12.1 - NOTICE OF INTENTION TO IMPOSE 2019/20 DIFFERENTIAL RATES

 

 

PDF Creator


AgendaOrdinary Meeting of Council 18 April 2019                                                                                       Page 1 of 10

 

This item and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

12.2       REQUEST FOR QUOTE 18/56 - CHINATOWN REVITALISATION PROJECT

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           RFQ18-56

AUTHOR:                                                   Director Infrastructure

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    13 April 2019

 

SUMMARY:         At the Special Meeting of Council held 15 August 2018, Council resolved to accept the most advantageous quote from RFQ18-56 to form a Contract for the Chinatown Revitalisation works with Downer EDI Works. Further, Council resolved at the OMC held 30 August 2018 to authorise the Chief Executive Officer to execute a contract for Separable Portion 1 Carnarvon Street and Separable Portion 2 Dampier Terrace as part of the Chinatown Revitalisation Project.

This report details the current financial position of the Chinatown Revitalisation Project and provides options to fund anticipated over expenditure highlighted in the forecast cost to complete.

Council is requested to consider the budget amendments detailed in the report recommendation.

 

 


This item and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.

12.3       REQUEST FOR TENDER 18/09 Town Beach Precinct Greenspace Tender

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           RFT18-09

AUTHOR:                                                   Project Engineer

CONTRIBUTOR/S:                                    Special Projects Coordinator

RESPONSIBLE OFFICER:                           Chief Executive Officer

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    12 April 2019

 

SUMMARY:        

At the Ordinary Meeting of Council held on 28 March 2019, Council resolved that Roadline Contracting Pty Ltd was the most advantageous Tenderer from Request for Tender (RFT) 18-09 Town Beach Precinct Greenspace Tender to form a Contract with to complete the works. Council further resolved to authorise the Chief Executive Officer to enter into negotiations with the Contractor to confirm potential contract savings and report back to Council regarding the final project scope and budget prior to entering into a contract for the works.

This report details the revised pricing negotiated through the minor variations identified by the project team and representatives from Roadline Contracting Pty Ltd.