cstra 10122013 min at · 2020. 5. 11. · city of armadale minutes of city strategy committee held...

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CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY, 10 DECEMBER 2013 AT 7:00 PM. PRESENT: Cr M Geary (Chair) Cr R Butterfield Cr K Busby Cr D M Shaw Cr J H Munn JP CMC Cr G Nixon Cr H A Zelones JP APOLOGIES: Nil OBSERVERS: Cr C A Campbell Cr C Frost Cr M S Northcott IN ATTENDANCE: Mr R S Tame Chief Executive Officer Mr A F Maxwell Executive Director Corporate Services Mr I MacRae Executive Director Development Services Mr G Davies A/Executive Director Technical Services Mrs Y Loveland Executive Director Community Services Mrs S D’Souza Executive Assistant to the CEO PUBLIC: Nil “For details of Councillor Membership on this Committee, please refer to the City’s website www.armadale.wa.gov.au/your council/councillors.”

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Page 1: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY OF ARMADALE

MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY, 10 DECEMBER 2013 AT 7:00 PM. PRESENT: Cr M Geary (Chair) Cr R Butterfield Cr K Busby Cr D M Shaw

Cr J H Munn JP CMC Cr G Nixon Cr H A Zelones JP

APOLOGIES: Nil OBSERVERS: Cr C A Campbell Cr C Frost Cr M S Northcott IN ATTENDANCE: Mr R S Tame Chief Executive Officer

Mr A F Maxwell Executive Director Corporate Services Mr I MacRae Executive Director Development Services Mr G Davies A/Executive Director Technical Services Mrs Y Loveland Executive Director Community Services Mrs S D’Souza Executive Assistant to the CEO

PUBLIC: Nil “For details of Councillor Membership on this Committee, please refer to the City’s website – www.armadale.wa.gov.au/your council/councillors.”

Page 2: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 2 10 DECEMBER 2013 COMMITTEE COUNCIL MEETING – 16 DEC 2013

DISCLAIMER The Disclaimer for protecting Councillors and staff from liability of information and advice given at Committee meetings was not read as there were no members of the public in attendance. DECLARATION OF MEMBERS’ INTERESTS Nil QUESTION TIME Nil DEPUTATION Nil CONFIRMATION OF MINUTES RECOMMEND

Minutes of the City Strategy Committee Meeting held on 19 November 2013 be confirmed.

Moved Cr K Busby MOTION CARRIED (7/0) ITEMS REFERRED FROM INFORMATION BULLETIN - ISSUE NO.21/2013

The following items were referred via Issue No. 21/2013: Progress Report

Progress Report on Contingency, Operational & Strategic Projects Outstanding Matters & Information Items

Report on Outstanding Matters – City Strategy Committee Donations/Grants/Contributions Common Seal Report No items were raised for further investigation or report. .

Page 3: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CONTENTS

CITY STRATEGY COMMITTEE

10 DECEMBER 2013

1. FINANCIAL MANAGEMENT & PLANNING

1.1 LIST OF ACCOUNTS PAID - NOVEMBER 2013 ......................................................................... 4

1.2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY - NOVEMBER 2013 ........................... 6

1.3 RECOVERY OF UNPAID RATES ................................................................................................. 8

1.4 SALE OF LAND FOR RECOVERY OF UNPAID RATES .......................................................... 13

2. COUNCILLORS’ ITEMS

NIL ............................................................................................................................................................ 18 

3. CHIEF EXECUTIVE OFFICER’S REPORT

1 COMMUNICATION & CONSULTATION .................................................................................. 18 2 ECONOMIC DEVELOPMENT ..................................................................................................... 18 3 GOVERNANCE ............................................................................................................................. 18

SUMMARY OF “A” ATTACHMENTS ...................................................................................................... 20

Page 4: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 4 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

1.1 - LIST OF ACCOUNTS PAID - NOVEMBER 2013

WARD

: ALL In Brief:

The Report presents, pursuant to Regulation 13(1), (3) & (4) of the Local Government (Financial Management) Regulations 1996, the List of Accounts paid for the period 1.11.13 to 30.11.13

FILE No.

: M/1183/13

DATE

: 2 December 2013

REF

: AB

RESPONSIBLE MANAGER

: Executive Director Corporate Services

Tabled Items

Nil Officer Interest Declaration

Nil Strategic Implications

4.6 Financial sustainability and accountability for performance 4.6.1 Provide financial services to support cost effective Council operations and service

delivery Legislation Implications

Section 6.10 (d) of the Local Government Act 1995 refers, ie. 6.10. Financial management regulations

Regulations may provide for — (d) the general management of, and the authorization of payments out of —

(i) the municipal fund; and (ii) the trust fund,

of a local government.

Regulation 13(1), (3) & (4) of the Local Government (Financial Management) Regulations 1996 refers, ie.

13. Lists of Accounts (1) If the local government has delegated to the CEO the exercise of its power

to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a) the payee’s name; (b) the amount of the payment; (c) the date of the payment; and (d) sufficient information to identify the transaction.

(3) A list prepared under subregulation (1) is to be — (a) presented to the council at the next ordinary meeting of the council

after the list is prepared; and (b) recorded in the minutes of that meeting.

Page 5: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 5 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

Council Policy/Local Law Implications

Nil Budget/Financial Implications

All accounts paid have been duly incurred and authorised for payment as per approved purchasing and payment procedures. Consultation

Nil BACKGROUND

Pursuant to Section 5.42 of the Local Government Act 1995 (Delegation of some powers and duties to CEO), Council has resolved to delegate to the CEO (Primary Delegation No: 150 refers) the exercise of its powers to make payments from the municipal and trust funds. COMMENT

The List of Accounts paid for the period 1.11.13 to 30.11.13 is presented as an attachment to this report.

ATTACHMENTS 1. Cheque Listing Report-November 2013 CS109/12/13 RECOMMEND

That Council note the List of Accounts paid as presented at Attachment A-1 of the Agenda and summarised as follows: Municipal Fund Accounts paid totalling $11,525,335.04 on Vouchers 21210 – 21497, Batch 1505-1514, 1516-1517, 102396-103420, PY01.10-PY01.11 & PY99.03 Trust Fund Accounts paid totalling $1,011,071.00 on Vouchers 3080-3168, 400213-400215 & Batch 1515

Moved Cr H A Zelones MOTION CARRIED (7/0)

Page 6: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 6 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

1.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY - NOVEMBER 2013

WARD

: ALL In Brief:

This Report presents the City’s Monthly Financial Report for the 5 months period ended 30 November 2013.

The Report recommendation is to receive the Financial Report.

FILE No.

: M/1184/13

DATE

: 2 December 2013

REF

: AB

RESPONSIBLE MANAGER

: Executive Director Corporate Services

Tabled Items

Nil Officer Interest Declaration

Nil Strategic Implications

Developing our Organisation: Improve the environment for effective governance;

Improve the overall financial viability of Council Legislation Implications

Local Government Act 1995 – Part 6 – Division 3 – Reporting on Activities and Finance Local Government (Financial Management) Regulations – Part 4 – Financial Reports Council Policy/Local Law Implications

Nil Budget/Financial Implications

The Statement of Financial Activity as presented refers and explains. Consultation

Nil BACKGROUND

Each month officers are required to prepare monthly financial reports, covering the prescribed information, and present these to Council for receipt. COMMENT

Presented as an attachment is the Monthly Statement of Financial Activity for the period ended 30 November 2013. For the purposes of reporting material variances from the Statement of Financial Activity, indicators, as resolved by Council, have been applied.

Page 7: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 7 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

These indicators are: Revenue

Material variances are identified where, for the period being reported, the actual varies to the budget by an amount of (+) or (-) $50,000 and in these instances an explanatory comment has been provided.

Expense

Material variances are identified where, for the period being reported, the actual varies to the budget by an amount of (+) or (-) $100,000 and in these instances an explanatory comment has been provided.

For the purposes of explaining each Material Variance, a three part approach has been taken. The parts are: 1. Period Variation

Relates specifically to the value of the Variance between the Budget and Actual figures for the period of the report.

2. Primary Reason Explains the primary reasons for the period Variance. As the report is aimed at a higher level analysis, minor contributing factors are not reported.

3. Budget Impact Forecasts the likely $ impact on the Annual Budget position. It is important to note that figures in this part are ‘indicative only’ at the time of reporting, for circumstances may subsequently change.

ATTACHMENTS 1. Monthly Financial Report - November 2013 CS110/12/13 RECOMMEND

That Council:

pursuant to Regulation 34 of the Local Government (Financial Management) Regulations 1996 (Financial Activity Statement Report) accept the Statement of Financial Activity for the 5 months period ended 30 November 2013.

Moved Cr J H Munn MOTION CARRIED (7/0)

Page 8: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 8 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

1.3 - RECOVERY OF UNPAID RATES

WARD

: ALL In Brief:

This Report presents :- Details of unpaid rates and charges

on (17) properties for one or more years totalling $56,697.93; and

Options to recover these unpaid rates and charges.

The Report Recommendation is to exercise the provisions of section 6.56 of the LGA by issuing Property Sale & Seizure Orders (for goods) against all (17) properties for the recovery of unpaid rates and charges.

FILE No.

: M/1001/13

DATE

: 25 November 2013

REF

: JH

RESPONSIBLE MANAGER

: Executive Director Corporate Services

Tabled Items

Nil Officer Interest Declaration

Nil

Strategic Implications

Corporate Services: – to achieve maximum community benefit from effective use of resources (staff, finances and information technology). Legislation Implications Local Government Act 1995

S6.56. Rates or service charges recoverable in court

If a rate or service charge remains unpaid after it becomes due and payable, the local government may recover it, as well as the costs of proceedings, if any, for that recovery, in a court of competent jurisdiction.

(Note that Section 6.56 is an alternative to Section 6.64)

S6.64. Rates or service charges recoverable by sale of land

If any rates or service charges which are due to a local government in respect of any rateable land have been unpaid for at least 3 years the local government may, in accordance with the appropriate provisions of this Subdivision take possession of the land and hold the land as against a person having an estate or interest in the land and –

(b) sell the land

Page 9: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 9 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

The differing rate arrears recovery actions available to the City (pursuant to sections 6.56 & 6.64 of the Local Government Act 1995), are explained in the following legal opinion from the publication titled “The Complete Guide to the Local Government Act 1995” ie:

“Your concern is that the City cannot sell the land of defaulting ratepayers unless the rates remain unpaid for three years. However, if enforcement proceeds in the Local Court, the sale of land is a means of enforcing judgment without the necessity of a three year default. Section 6.56(1) provides – “if a rate or service charge remains unpaid after it becomes due and payable, the local government may recover it, as well as the costs of proceedings, if any, for that recovery, in a Court of competent jurisdiction.” This section falls within the provisions of subdivision 5 of part 6 of the Act entitled “Recovery of Unpaid Rates and Service Charges”. Read on its own the recovery of unpaid rates as well as the cost of proceedings would then be effected by the various means of enforcement contained in the Local Court Act 1904 section 122 “A bailiff may, under a warrant of execution by which he is directed to levy a sum of money, seize and take, and cause to be sold, any land which the person named in the warrant is or may be possessed of or entitled to, or which he has the power to transfer or dispose of for his own benefit.”

Section 6.64 provides – it entitles a local government to take possession of land in respect of which there are rates or service charges which have remained unpaid for at least three years and to exercise a number of powers in relation to that land including sale or transfer to the local government.

Section 6.68(1) prohibits the exercise of the power of sale conferred by section 6.64(1)(b) unless there has been an attempt under section 6.56 to recover the money. There is no ostensible reason, as a consequence, why a local government may not proceed under section 6.56 without the necessity of relying on the powers found in section 6.64 and 6.68. Theoretically at least, it would be possible for a local government to exercise the rights contained in section 6.56 and, ultimately have the bailiff effect a sale of land without the necessity of allowing default for three years, as contemplated by section 6.64. The conceptual difference between the two proceedings is that is the Court and its officers which give effect to the sale under section 6.56 whereas it is the local government which is given the power to do so under the later provisions of the Act, without the necessity of instituting proceedings and, effectively, having to prove its case before a Court. Therefore, Council may rely on section 6.56 of the Act (and indeed in some circumstances is obliged to do so) with the later provisions at section 6.64 and following applying where the relevant conditions have been satisfied and there has been no prior successful exercise by Council of its rights under section 6.56.”

Page 10: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 10 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

Council Policy/Local Law Implications The practice of issuing property sale and seizure orders (PSSO) – as an option to waiting until rate arrears have reached three plus years – was approved by Council in 2002 - resolution C103/02 refers. The PSSO Process is essentially as follows: If the ratepayer having received the PSSO does not within a reasonable time, enter into

an acceptable payment arrangement with the Bailiff, then with the approval of Council (which is a separate and subsequent decision of Council), court action is taken to sell the ratepayer’s property to recover the unpaid rates.

Budget/Financial Implications

A $56,697.93 reduction in the Debtors – Rates balance sheet account.

Consultation

The Complete Guide to the Local Government Act 1995, June 2000 6.43 - 6.64. Other local governments. BACKGROUND

Minor Case Claim MCC (ne Summons) Property Sale & Seizure Order PSSO (ne Warrant of Execution) Direct Debit Request Form DDR Special Payment Arrangement SPA Historically (prior to 2002), the rate recovery process relied on the annual issuance of a MCC to defaulting ratepayers. Once the three (3) year period required under Section 6.64(1)(b) of the Local Government Act 1995 had expired, the status would be reported to Council, and then notifications of intention to sell the land in order to recover the outstanding rates and charges were issued. This is the final and ultimate step that can be taken for rate recovery purposes. DDR or SPA are as a practice, offered to ratepayers throughout the process to hopefully avoid the need to instigate legal recovery action. Since July 2002 following C103/02, Warrants of Execution (PSSO) (goods/land) have been issued when there is no resolution of the debt following the successful serving of a MCC and the ratepayer fails to enter into a DDR or SPA. The Bailiff always tries to execute the Warrants of Execution (PSSO) for (goods) first. The PSSO (goods) require a Bailiff to identify goods of value that could be seized to cover the amount outstanding declared in the warrant. The Bailiff will not seize any essential furniture such as beds, refrigerators or any goods in relation to the support or wellbeing of a child. The seized goods are not removed, but the notice of seizure prohibits the ratepayer from selling or disposing of the goods. The ratepayer is then required to pay the full value of the PSSO to the Bailiff (either in full or under a payment arrangement), or the goods are then seized and sold via public auction.

Page 11: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 11 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

Property Sale and Seizure Orders (PSSO) known as “Land Warrants” are used where MCC and PSSO (goods) have been issued against properties without success. The Bailiff must seek Council approval before proceeding with a land warrant. COMMENT

ANALYSIS

The following 17 properties have all been issued a Minor Case Claim and have rates outstanding for one or more years during which time it has not been possible to enter into acceptable and successful DDR or SPA for the payment of the balance owing.

It is proposed that a PSSO be issued by the court for the seizure of goods.

Written notification has already been directed to the last known postal address of each ratepayer advising that the matter will be reported to the next Council meeting with a recommendation to commence action via a PSSO to recover the outstanding balance.

OPTIONS

Option 1 – do nothing Is unfair to the vast majority of ratepayers who make a genuine effort to pay their rates

on time despite perhaps instances of personal and financial hardship; Reduces the City’s cash-flow which in turn has an adverse impact on investment

interest earnings; The debt increasing to a potentially unmanageable level.

This is not the preferred option. Option 2 – continue to write requesting payment

Is unlikely to have any positive effect given these ratepayers have already ignored demand letters and minor case claims;

Is unfair to the vast majority of ratepayers who make a genuine effort to pay their rate on time despite perhaps instances of personal and financial hardship;

This is not the preferred option Option 3 – factor the debt to a recovery agent

Reduces the recoverable amount by approximately 15% which is the commission payable to the agent;

Adds a significant service charge to the ratepayer over and above the debt payable. This is not the preferred option. Option 4 – exercise the provisions of section 6.56 of the LGA by issuing Property Sale and Seizure Orders for goods This is the preferred and recommended option given:-

All other debt recovery efforts to date have proven unsuccessful, It will hopefully prevent the debt increasing to a potentially unmanageable level or the

need to exercise the provisions of section 6.64 of the LGA, ie. the sale of the property for the recovery of unpaid rates and charges.

CONCLUSION

It is recommended that Council support option (4) above for the reasons explained.

Page 12: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 12 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

The Executive Director Corporate Services provided Committee with statistics in regard to results of recovery options during the 2012/13 financial year and also outlined for Committee’s information the steps involved in the rate recovery process. CS111/12/13 RECOMMEND

That Council, pursuant to Section 6.56 of the Local Government Act 1995, approve the issue of a Property Sale and Seizure Order (for goods) by the court against the following 17 properties for the recovery of unpaid rates and charges for (1) or more years totalling $56,697.93

List of Properties by Assessment Number

Assessment 10980 $2,686.24 Assessment 23753 $3,217.82 Assessment 25103 $3,254.67 Assessment 35790 $2,278.20 Assessment 44173 $3,140.29 Assessment 53439 $3,268.07 Assessment 98289 $3,416.83 Assessment 106616 $3,581.66 Assessment 124391 $3,487.93 Assessment 145298 $4,211.23 Assessment 155916 $3,417.02 Assessment 157091 $3,129.58 Assessment 170938 $2,848.50 Assessment 206068 $3,862.33 Assessment 223034 $3,515.67 Assessment 244260 $3,478.93 Assessment 253071 $3,902.96

Moved Cr D M Shaw MOTION CARRIED (7/0)

Page 13: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 13 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

1.4 - SALE OF LAND FOR RECOVERY OF UNPAID RATES

WARD

: Minnawarra, Neerigen & Palomino

In Brief:

This Report presents :- Details of unpaid rates and charges

on (5) properties for three or more years totalling $24,915.72; and

Options to recover these unpaid rates and charges.

The Report Recommendation is to exercise the provisions of section 6.64 of the LGA, ie. that Council proceed to sell the (5) properties and recover from the proceeds of sale the unpaid rates and charges totaling $24,915.72.

FILE No.

: M/1138/13

DATE

: 24 November 2013

REF

: JH

RESPONSIBLE MANAGER

: Executive Director Corporate Services

Tabled Items

Nil Officer Interest Declaration

Nil Strategic Implications

Corporate Services: – to achieve maximum community benefit from effective use of resources (staff, finances and information technology). Legislation Implications S6.64 of the Local Government Act 1995 states:

(1) If any rates or service charges which are due to a local government in respect of any

rateable land have been unpaid for at least 3 years the local government may, in accordance with the appropriate provisions of this Subdivision take possession of the land and hold the land as against a person having an estate or interest in the land and –

(b) sell the land;

(2) On taking possession of any land under this section, the local government is to give to the owner of the land such notification as is prescribed and then to affix on a conspicuous part of the land a notice, in the form or substantially in the form prescribed.

(3) Where payment of rates or service charges imposed in respect of any land is in arrears the local government has an interest in the land in respect of which it may lodge a caveat to preclude dealings in respect of the land, and may withdraw caveats so lodged by it.

Page 14: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 14 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

Council Policy/Local Law Implications With reference to F43/92 dated 4 March 1992, Council resolved as part of the procedures to be employed for the collection of outstanding rates to review on an annual basis those properties where despite all efforts made to obtain payment on the overdue charges, rates arrears that had accrued and become in arrears by three or more years. Those properties would then become the subject of recovery procedures, which with the approval of Council, would involve the implementation of action under the relevant sections of the Local Government Act, to sell the properties in order to recover the overdue rates. Budget/Financial Implications

A $24,915.72 reduction in the Debtors Rates balance sheet account. Consultation

Department of Local Government City’s Lawyers BACKGROUND

There are currently 5 properties that have rates outstanding by three or more years for which it has not been possible to enter into acceptable and successful arrangements for the payment of the balance owing. In each instance, a written notification has been directed to the last known postal address of the ratepayers and the property advising that it will be our intention to refer the matter to Council with a recommendation to sell the property in order to recover the outstanding balance.

The following is a list of those properties that have rates currently in arrears by three or more years, together with a brief history of the action taken to date.

Minor Case Claim MCC (ne Summons) Property Sale & Seizer Order PSSO (ne Warrant of Execution) Direct Debit Request Form DDR Special Payment Arrangement SPA

1. 2. Ward Minnawarra Ward Neerigen Assessment 203733 Assessment 218447 Type / Zoning Residential R15/25 Type /Zoning Residential R20 Period Outstanding 2011/12 – 2013/14 Period Outstanding 2011/12 – 2013/14 Amount Outstanding $4,780.17 Amount Outstanding $4,712.56 Last Payment Made 22 November 2011 $200.00 Last Payment Made 1 June 2012 $60.00 Recovery Action Jan 13 Intention to MCC letter

Feb 13 MCC 371/2012 Mar 13 Affidavit of Service MCC 371 Sept 13 Intention to Proceed PSSO Nov 13 Intention to S6.64 Letter Advising Ratepayers about report to Council to sell property at next Council Meeting 16 December 2013 The owner has entered in to a

number of direct debit arrangements over the years

Recovery Action Jun 12 DDR Cancelled 6 of last 7 payments were dishonoured Jan 13 Intention to MCC letter Feb 13 MCC 418/2013 Mar 13 Affidavit of Service MCC 418 July 13 Intention to Proceed PSSO Sept 13 Intention to Proceed PSSO Nov 13 Intention to S6.64 Letter Advising Ratepayers about report to Council to sell property at next Council Meeting 16 December 2013

Page 15: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 15 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

Response The owner has commenced a new DDR with the knowledge that the report to Council will continue to seek the authority to proceed with the sale under S6.64. Therefore the sale under S6.64 will be put on hold subject to no further dishonoured payments being received.

Response The owners have not responded to recent notices or correspondence.

3. 4 Ward Palomino Ward Palomino Assessment 247919 Assessment 254186 Type / Zoning Residential R15/25 Type / Zoning Residential R30 Period Outstanding 2011/12 – 2013/14 Period Outstanding 2011/12 – 2013/14 Amount Outstanding $4,856.70 Amount Outstanding $4,759.78 Last Payment Made 11 October 2013 $100.00 Last Payment Made 7 October 2011 $40 Recovery Action Jan 13 Intention to MCC letter

Feb 13 MCC 373/2013 Mar 13 Affidavit of Service MCC 373 From Mar 13 to Nov 13 a number of DDR were accepted but last 2 of 3 have dishonoured Nov 13 Intention to Proceed PSSO Nov 13 Intention to S6.64 Letter Advising Ratepayers about report to Council to sell property at next Council Meeting 16 December 2013

Recovery Action Dec 11 Intention to MCC letter Jun 12 MCC 895/2012 June 12 Affidavit of Service MCC 895 Apr 13 Intention to Proceed PSSO Oct 13 Intention to Proceed PSSO Nov 13 Intention to S6.64 Letter Advising Ratepayers about report to Council to sell property at next Council Meeting 16 December 2013

Response The owners have not responded to recent notices or correspondence.

Response The owners have not responded to recent notices or correspondence.

5. Ward Palomino Assessment 275506 Type / Zoning Residential R17.5/25 Period Outstanding 2011/12 – 2013/14 Amount Outstanding $6,006.51 Last Payment Made 22 February 2013 $400.00 Recovery Action Aug 12 Intention to MCC letter

Entered into DDR but 8 of 10 Payments dishonoured May 13 Intention to MCC letter Jun 13 MCC 1174/2013 Mar 13 Affidavit of Service MCC 1174 Oct 13 Intention to Proceed PSSO Nov 13 Intention to S6.64 Letter Advising Ratepayers about report to Council to sell property at next Council Meeting 16 December 2013

Response The owners have not responded to recent notices or correspondence.

Page 16: CSTRA 10122013 MIN AT · 2020. 5. 11. · CITY OF ARMADALE MINUTES OF CITY STRATEGY COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

CITY STRATEGY 16 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

DETAILS OF PROPOSAL

It is proposed that the above (5) properties be sold in accordance with Section 6.64(1)(b) of the Local Government Act 1995 to recover outstanding rates and charges in excess of 3 years. COMMENT

OPTIONS

Option 1 – do nothing Is unfair to the vast majority of ratepayers who make a genuine effort to pay their rates

on time despite perhaps, instances of personal and financial hardship; Reduces the City’s cash-flow which in turn has an adverse impact on investment

interest earnings; The debt increasing to a potentially unmanageable level.

This is not the preferred option. Option 2 – continue to write requesting payment

Is unlikely to have any positive effect given these ratepayers have already ignored demand letters, minor case claims and intentions to issue Property Sale & Seizure Orders;

Is unfair to the vast majority of ratepayers who make a genuine effort to pay their rate on time despite perhaps, instances of personal and financial hardship;

This is not the preferred option Option 3 – factor the debt to a recovery agent

Reduces the recoverable amount by approximately 15% which is the commission payable to the agent;

Adds a significant service charge to the ratepayer over and above the debt payable. This is not the preferred option. Option 4 – exercise the provisions of section 6.64 of the LGA, ie. sell the (5) properties and recover from the proceeds of sale the unpaid rates and charges This is the preferred and recommended option given all other debt recovery efforts to date has proven unsuccessful. CONCLUSION

It is recommended that Council support option 4 above for the reasons as explained.

ATTACHMENTS There are no attachments for this report.

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CITY STRATEGY 17 10 DECEMBER 2013 COMMITTEE - Financial Management & Planning COUNCIL MEETING – 16 DEC 2013

CS112/12/13 RECOMMEND

That Council, pursuant to section 6.64(1)(b) of the Local Government Act 1995, proceed to sell the (5) properties listed hereunder (noting that the sale of property assessment 203733 will be placed on-hold for as long as the recently agreed fortnightly repayments continue without default) which have rates in arrears for three or more years, and recover from the proceeds of sale the unpaid balances totaling $24,915.72 :

List of Properties by Assessment Number Assessment 203733 Assessment 218447 Assessment 247919 Assessment 254186 Assessment 275506

Moved Cr R Butterfield MOTION CARRIED (7/0)

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CITY STRATEGY 18 10 DECEMBER 2013 COMMITTEE COUNCIL MEETING – 16 DEC 2013

COUNCILLORS’ ITEMS Nil CHIEF EXECUTIVE OFFICER’S REPORT 1 Communication & Consultation

On Thursday 21st November attended the Australia/New Zealand Chief Officers Group meeting in Busselton. Discussions ranged from local government reform to regional centre development and the effect of climate change.

On Friday 29th November attended the Urban Development Institute of Australia market predictions seminar and panel discussion. Perth’s continued growth is still viewed with scepticism on the east coast but the UDIA are aware of considerable latent demand for residential property in Perth, which will continue to put pressure on prices.

On Monday 2nd December, along with the City’s HR Manager met with Options Employment Partnership, a winning firm from the recent Business Armadale Awards night. This business places and manages persons with disabilities into the mainstream workforce.

On Tuesday 3rd December, along with the Executive Director Corporate Services met with the new CEO of the Local Government Insurance Scheme, Mr Jonathan Seth, to discuss the City’s future insurance arrangements.

On Wednesday 4th December attended a briefing of Metropolitan Council CEOs by the Executive Director and Senior Staff of Main Roads WA.

On Thursday 5th December attended a Department of Sport & Recreation end of year function. The City has been engaged in discussion on the level of CSRFF funding, POS for active recreation and preserving the Ignite Basketball programme.

On Monday 9th December chaired a meeting of the Foundation for Public Works Engineering and attended a joint meeting between that Foundation and the IPWEA Executive.

2 Economic Development

On Tuesday 26th November attended a meeting of the Sienna Wood and Newhaven liaison meeting with the Stockland Group and MRA representatives.

On Wednesday 27th November attended the 70% design presentation and meeting with Architects, Builders and Consultants on the City’s new Landmark Building Project (held at the office of builders Georgiou group).

3 Governance

On Wednesday 27th November attended the South East Zone meeting of the WA Local Government Association, noting Cr Butterfield was elected as Chair and the Mayor Zelones once again elected to State Council. The meeting was attended by the President of WALGA, Mayor Troy Pickard and there was considerable discussion on the matter of local government reform.

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CITY STRATEGY 19 10 DECEMBER 2013 COMMITTEE COUNCIL MEETING – 16 DEC 2013

On Wednesday 4th December attended the City of Armadale Annual General Meeting of Electors.

Also to note, on Wednesday 20th November attended the funeral of the late Cam Clay, a stalwart of Armadale volunteer community and dedicated worker for the environment.

The Chair wished everyone a merry and safe Christmas.

MEETING DECLARED CLOSED AT 7.40 PM

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CITY STRATEGY 20 10 DECEMBER 2013 COMMITTEE

CITY STRATEGY COMMITTEE

SUMMARY OF “A” ATTACHMENTS 10 DECEMBER 2013

ATT NO. SUBJECT PAGE

1.1 LIST OF ACCOUNTS PAID - NOVEMBER 2013

1.1.1 Cheque Listing Report-November 2013 21

1.2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY - NOVEMBER 2013

1.2.1 Monthly Financial Report - November 2013 51

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City Strategy 21 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 22 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 23 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 24 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 25 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 26 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 27 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 28 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 29 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 30 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 31 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 32 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 33 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 34 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 35 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 36 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 37 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 38 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 39 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 40 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 41 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 42 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 43 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 44 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 45 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 46 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 47 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 48 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 49 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 50 ATTACHMENT 1.1.1COMMITTEE - 10 December 2013

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City Strategy 51 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 52 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 53 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 54 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 55 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 56 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 57 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 58 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 59 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 60 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 61 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 62 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 63 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 64 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 65 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 66 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 67 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 68 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 69 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 70 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013

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City Strategy 71 ATTACHMENT 1.2.1COMMITTEE - 10 December 2013