By XAVIER SMERDON
A WYNDHAM councillor’s move to limit rate rises within the Urban Growth Boundary has been deemed illegal.
At a sometimes fiery council meeting last week, Cr Gautam Gupta attempted to raise a notice of motion that called for a rate review – promised by the previous council on 24 September – to be honoured and that 2012/13 rate rises for residents living within the Urban Growth Boundary remain within Wyndham’s average rise of 5.5 per cent.
Cr Gupta told the gallery that he had been advised by Wyndham CEO Kerry Thompson that the motion was illegal.
“My advice to the council is that this notice of motion cannot be debated by council as it is illegal on a number of grounds,” a statement from Ms Thompson, read by Cr Gupta, said.
“The (Local Government) Act requires council to revalue all properties within the municipality at least every two years and given that a revaluation did not occur in the 11/12 year, council has no choice but to undertake a revaluation in the 12/13 year.
“Furthermore notice of motion 545 is also illegal as it attempts to lock council into a final decision prior to undertaking any community involvement.”
Cr Gupta said he chose to leave the motion in the meeting agenda so that it would act as a reminder that the issue is “close to my heart”.
“I have raised a subsequent question to one of the directors and asked them if there is a way forward where it (a rate review) could be achieved for this year,” he said.
“I’m yet to get a response off that. If I do get a response, hopefully I will move another motion to support that.”
Residents later became irate when Cr Adele Hegedich said that the council had already resolved an issue for the effected ratepayers.
As residents began to shout and demand answers, Mayor Heather Marcus threatened to adjourn the meeting.
A later motion that an urgent status update on ways that the council can include genuine and extensive ratepayer consultation was later passed.
