referencing "A" for clarity.

 

 

 7/8/2012
Mayor Westman
Bathurst Regional Council

I resend my letter of 4/7/2012 for your more serious attention.
and NOW I ASK YOU IN PLAIN ENGLISH - ARE THE STUDIES THAT I HAVE SUPPLIED TO COUNCIL AS PER OUR OPTION UNDER COUNCIL'S ADOPTED POLICY FOR MAKING THE SEWER ACCESS CHARGE, GOING TO BE TREATED IN A PROPER MANNER SUCH THAT WE ARE CHARGED FAIRLY AS PER THE STATUTORY GUIDELINES ON THIS MATTER AND THE NATIONAL COMPETITION POLICY WHICH FORM PART OF THAT DOCUMENT ?

regards
Ray Carter
0407258882


4/7/2012
Mayor Greg Westman
Bathurst Regional Council

Good morning Mayor Westman
As you are aware I recently forwarded to Council a "Submission to the Bathurst Regional Council’s Draft Bathurst 2016 Plan (4 year Delivery & Annual Operating Plan)"
In reply dated 21 June 2012 to this submission Council has stated that "on this occasion that Council resolved to not amend the Bathurst 2016 Plan in respect to your submission received."
The truth is that I did not ask Council to make any amendment to the Draft Bathurst 2016 Plan, I simply asked that Council follow it's own "adopted policy" contained in that Plan.

The following is the actual contention that I put to Council in my submission and it remains unattended to by you as does the same question/contention put to you and Council in previous correspondence.

"The assessments of Load put on the Sewer for each of the fifteen properties must be taken into account by Council such that we be assessed fairly for this charge.
I maintain that otherwise Council is in breach of the Local Government Act. Council must allow the Load put on the Sewer System to be assessed in Equivalent Tenements, as per Council’s adopted policy, in order that fairness be initiated in making the Sewer Access Charge. "

The matter of having the load put on the sewer assessed is not an option for Council to refuse; it is our right as per Council's adopted policy / Management Plan.
Council's adopted policy is as follows; which if implemented as per our right to be charged fairly; is a proper procedure.

"Base sewerage access charges on the peak load the discharger places on the sewerage system. Such dischargers should therefore have the option of providing for Council’s consideration an expert report to establish the peak load in equivalent tenements (ETs) their operations place on the sewerage system. In the absence of such a report, the Council can determine the access charge on the basis of the square of the service connection size times the discharge factor. "

Avoiding this issue, pretending that our right to have the load put on the sewer assessed does not exist or "is not available at this time" as you have told the Bathurst Business Chamber, making out that I am asking for something that that is not already allowed for in Council's adopted policy, will not make this issue disappear. You as a Councilor and Mayor obviously believe that Council can be selective in applying adopted policy that has been approved
by the NSW Govt. It seems the test of this is whether or not we are being charged fairly or not in accordance with the Local Government Act and Council's adopted policy under that Act, will only be determined in a Court of Law , which is unfortunate.

We would prefer that you have your staff take into account the studies done by hydraulics engineer Mr Roger Heath for fifteen of our properties over the last eight years as supplied to Council
and reassess our rates for that period in a fair manner as required.

I look forward to your reply in regard to this matter and am available to discuss it with you especially if you can enlighten me as to why Council in practice charges us for sewer
access in the unfair manner it does.

regards
Ray Carter
233 College Rd
Bathurst 2795
m 0407258882

cc. Councillors . Bathurst Regional Council