This blog site has been inundated with comments on the GESAC basketball “allocations”. The moderators have decided not to put up some of these comments as a result of their inflammatory and personal nature. However, the issue itself we believe is crucial to the good governance of this council. It should focus the community’s attention on two crucial questions:
- Is it councillors who run this council, or is it Newton and Burke?
- Exactly what were councillors told about the ‘expression of interest’ or tender processes? Exactly what did they know? Is there any official “policy’ that has been ratified by council?
- Were councillors derelict in their overseeing duties on this process?
- Has Burke acted unilaterally in making the offer? Is this acceptable to the community?
The formal letter of ‘rejection’ signed by Burke to the McKinnon Basketball Association has already been put up as a comment. We reprint it here TOGETHER WITH THE ASSOCIATION’S RESPONSE TO THIS LETTER. We further believe that it behoves all residents to carefully consider the Association’s letter and compare this with the statements signed by Burke. We also maintain that it is in the public interest that such information is out in the public domain.
BURKE’S LETTER
“Thank you for your response to Council’s public Expression of Interest (EOI) process for the use of the facilities at the soon to be completed Glen Eira Sports and Aquatic Centre (GESAC). The facility is on target to open in late 2011.
We regret to inform you that your application for use has been unsuccessful. This decision has been based on an evaluation process based on three criteria in order of importance and weighting:
1. Community Benefit
2. Price
3. Capacity
In terms of feedback on your application, the following should be noted:
– GESAC is a major community facility and Council wishes to see maximum community use. The McKinnon Basketball Association (MBA) proposed 2,160 hours of community basketball per annum and Council has accepted a proposal which will see 3,675 hours per annum of community basketball. This use will be available to any person and any Club which plays with the GESAC-based Association.
– The allocated group offered a wider range of programs for the community.
– The allocated group offered a much more comprehensive marketing program to ensure its success.
– The allocated group offered payment at the level already in place in many similar centres around Melbourne and which will contribute to the Council providing and maintaining the facility without cost to ratepayers. The McKinnon Basketball Association indicated that it gave a relatively lower financial priority to court hire and a higher weighting to other organisational priorities.
The evaluation process included Council contacting your Association on a number of occasions to encourage the MBA to submit a more competitive EOI. I acknowledge the time and effort which your Committee put into that process to ensure that your bid represented the considered position of the MBA, taking all factors into account.
Yours sincerely,
Paul Burke
Director Community Relations”
McKINNON BASKETBALL RESPONSE
Dear Paul,
Thank you for your letter of May 24, 2011 (attached) informing me that the McKinnon Basketball Association (MBA) has been unsuccessful in its bid to utilise basketball stadium space in the Glen Eira Sports and Aquatic Centre (GESAC), currently under construction.
Whilst the several thousand MBA members, many of whom are Glen Eira rate payers, will be extremely disappointed by Council’s decision, ultimately we respect that decision.
However, I feel it is necessary to point out some inaccuracies in your letter.
We understand that Council have accepted a proposal from an Association known as the Oakleigh Warriors.
Your letter states that Council’s “decision has been based on an evaluation process based on three criteria in order of importance and weighting:
1. Community Benefit
2. Price
3. Capacity”
Taking each point in turn:
1. Community Benefit. There are a number of problems with this position as follows:
a. The MBA is the largest community based sporting association in the Glen Eira City Council’s catchment area, so it is hard to comprehend how the selection of a much smaller group from outside the area represents a superior community benefit for the residents of Glen Eira;
b. The MBA offers the broadest range of community based programs of any Association locally, and indeed was recently recognised by Basketball Victoria with their inaugural Inclusiveness Award in recognition of our All Abilities program;
c. The fact that you list “Community Benefit” as the number one selection criteria is particularly interesting in light of the fact that you specifically told us in our meeting that Council was not interested in our community credentials, in fact you went so far as to suggest that we should run our All Abilities program in one of our existing cheaper facilities as a means to help find the funds to pay the rental you required.
2. Price. I accept that price was always a sticking point; in fact it was made clear to us on numerous occasions that obtaining the best price was in fact the principle objective of Council. There are a number of facts which are worth reiterating for the record:
a. The MBA is a not for profit organisation, which prides itself on being professionally operated and administered; this professionalism would prevent us from making a financial commitment which we could not afford. This can be borne out by references which we offered to make available, indeed our application was endorsed by Basketball Victoria and Bendigo Bank. It would be in Council’s best interest to ensure that appropriate due diligence is undertaken on the successful applicant’s ability to pay;
b. The price we offered was $32.50/hour; this represents a substantial increase on our current rental costs which would need to be met through increased fees to our members. Our desire to ensure maximum benefit to our community of members makes it tremendously difficult for us to reconcile paying more for GESAC than is charged by the Melbourne Sport and Aquatic Centre, arguably the best comparable facility in the state and possibly the country. Of course it is possible to pay more than the price we have offered for court hire elsewhere but this is typically on a casual basis whereas we made numerous offers for considerable time allocations;
c. Knowing the funding which was provided for construction of GESAC, particularly the last minute state government funding for completion of the multi-purpose stadium, it is clear that at the hourly rental proposed by the MBA, a reasonable payback of the construction costs is achievable. Therefore your comment in relation to the rival offer enabling Council to “provide and maintain the facility without cost to ratepayers” appears to us to be misleading, particularly given that it was made clear to us that the dry areas of the facility will subsidise the pools.
3. Capacity. You have stated that the allocated group offered increased occupancy to the MBA’s offer. It is frustrating to hear this as a reason for Council’s decision considering that the MBA made numerous proposals, ranging from 2 to 7 days per week. We were told in no uncertain terms initially, that Council were keen to see as many groups as possible use the facility and that there was no prospect of extended periods of use for one group; consequently we scaled back our initial offer to address this.
Your letter goes on to make two further points as follows:
“The allocated group offered a much more comprehensive marketing program to ensure its success”. We have a ready-made association of several thousand members, we do not need a more comprehensive marketing campaign to ensure our success. We are already of a size which would enable us to fill GESAC on each weekday evening and all weekend but were discouraged from submitting a proposal along such lines. In fact the other honour recently presented to the MBA by Basketball Victoria was that of fastest growing Association, consequently this point is simply not relevant.
Given the emphasis you place on community benefits in your letter, it seems incongruous that you would take steps to promote an Association from outside the Glen Eira community, which will presumably be seeking to compete with and undermine Glen Eira’s existing, well established and much loved McKinnon Basketball Association.
We wish you well with your endeavours and should things not work out with the allocated group, we would be happy to discuss alternate options.
July 15, 2011 at 6:36 PM
Gesac is a bottomless pit sucking in ratepayers money at an alarming rate. Agenda items now include $350,000 for outfitting a cafe as well as a proposal to spend over a million on a carpark. My real concern is whether any of this has actually been budgeted for or whether these are all the incremental and unexpected costs that will keep coming. We haven’t heard the end of this story – not by a long shot.
The basketball shambles just proves how ill equipped this council is to run a project of this size and expense. It should never have reached the grand scale it now intends to vuild. My sympathies are with McKinnon Basketball, because they are the victims of the Newton and Burke incompetence. No business plan, no local analyses, and no regard for ratepayers monies is the sure recipe for unmitigated disaster. We’ve just seeing the start of the downhill ride.
July 15, 2011 at 7:24 PM
Neither I nor anyone else in my family or circle of friends play basket ball but at as GE resident I am appalled at the following suggestions contained in this letter.
. that the Glen Eira Director of Community Relations suggested that the MBA should run their All Abilities program in the MBA cheaper facilities as a means to help find the funds to pay the rental. It is abhorrent that anyone would consider leaving the challenged/disabled in cheaper current facilities so that the able bodied could move to more expensive, supposedly “razzle dazzle” facilities
. I have no problem with the concept of ensuring that as many groups as possible have access to the GESAC facility. However, if during the allocation process the MBA made a number of proposals, scaling back their usage in line recommendations made during this process, then they have every right to be frustrated to be told that their EOI did not include enough hours.
In light of the above I have to ask myself just what did Councillors know – how informed were they, if not aware that the above was occurring why weren’t they. No reports? No questioning?
From this blog, I understand the other basket ball group (the ? warriors) are threatening VCAT action, I suggest the MBA should be doing the same. For starters you can argue discrimination of the disabled and failure of this Council to properly govern and monitor the actions of the Administration.
July 15, 2011 at 8:19 PM
Why hasn’t the CEO role at Glen Eira been advertised or are Councillors thinking the unthinkable of retaining this useless (word deleted: moderators)…. for another couple of years? C60 and GESAC stuffups are all Newtons and Burkes doing mind you they have been ably supported by the gang of four and “independent” audit committee mates Gibson and Mclean.
July 15, 2011 at 8:36 PM
Interesting reading that audit committee charter that is on the agenda at Tuesdays Council meeting. Maximum of two three year terms for each independent member… But how come both Gibbs (think anon got the name wrong but not the message) and Mclean have served double the maximum term? Governance in this Council is non existant and the rules are being broken by the people who need to adhere to them the most!
July 15, 2011 at 8:30 PM
Burke is an employee. So is Newton. Now that we have councillors complaining about the offer to the Warriors, then it’s clear that councillors did not know that the offer was either about to be made, or actually made. In other words, Burke has usurped his role by not keeping council informed of the progress, and making a decision presumeably off his own bat. Burke needs to understand fully that he does not run the show and councillors had better learn that it is all their necks on the line and that they are responsible. The problem with this council is that for far too long the Newtons and Burkes of this world have had free rein and been allowed to get away with blue murder – all in the name of council. Councillors have been too stupid, too intimidated, or simply too ignorant to resist and moreso, insist on their legal rights to run the show. One thing is pretty obvious – Newton and Burke are a liability and must go.
July 15, 2011 at 9:40 PM
Like everything that this council does, language and its ability to be manipulated according to circumstances and hidden agendas is paramount. Now we’ve got the nebulous phrase ‘community benefit’. I have to wonder exactly what this means? And which community and how is ‘benefit’ quantified, measured, or even assessed? It’s all pure bunkum so that Burke can wheedle whatever result he wants. Unless there is the specific and clear articulation of tender criterion then the game is rigged from the start. The only clear marker is ‘cost’ and ‘profit’ – that’s self explanatory and means the selling off of community assets to the highest bidder – regardless of whether or not locals have contributed the most for this community asset. Shame on the whole lot of them. Useless councillors and ego driven and incompetent administrators. They deserve each other!
July 15, 2011 at 10:17 PM
Why is it when GESAC is nearing completion all the complaints start? Where were the complaints when the project was announced?
GESAC will be a fabulous facility benefiting Victoria, Melbourne and the south east region, not just Glen Eira residents and a facility Glen Eira and its residents should be proud of.
Surely this is the case, that’s why it attracted the Federal & State Government funding? With some of the posts on the other blogs you don’t get that feeling.
To me there seems to be some petty argument between 2 user groups, that obviously have a colorful history, centered around basketball. It would appear MBA had numerous attempts to secure their tenancy at GESAC and let there chance/s slip, forfeiting their rights. It would also appear the Warriors group met Council’s expectations.
What of the other sports that will use the venue? I haven’t heard or seen any noise about them. It would be interesting to know what those sports pay for their use of GESAC compared to what these basketball groups are offering?
It would seem to me that a decision has been made by the umpire and we all know that there will be people who support it and people who oppose it. Let’s all move on and look forward to GESAC opening.
July 15, 2011 at 10:49 PM
1. There were plenty of questions when the project was announced and many people weren’t happy with the answers.
2. Federal and state funding is dependent on the spin that is produced. Look at the way this council has wasted plenty of this funding money on projects that were either totally unnecessary or totally superfluous.
3. Other sports? – well we’ve already heard from Swim4all. Reckon there are plenty of others in the woodwork who just haven’t surfaced as yet.
4. No, the “umpire” did not make any decisions. Burke did!
5. What the moderators think is up to them. I reckon they simply produce the facts, ask questioins as they’re entitled to and whoever is in the firing line, well so be it.
July 15, 2011 at 10:33 PM
I feel that some people posting comments on this and the other blogs and even the moderators have it in for Newton & Burke.
The moderators actually posed 4 questions, not 2. The answer for the first has to come from the Councillors. Do they feel they run the council? Ask the Mayor for the answer?
Question 2: again ask the Mayor and the councillors. If they were well informed then what’s the issue? If they weren’t well informed why have they waited till the 11th hour to do something about it? Why didn’t they ask some pertinent questions earlier?
Question 3: To answer that you have to read and understand the Local Governrment Act and the Councillors Code of Conduct. Surely part time, bordering on volunteer status, Councillors can’t be expected to know the nuts and bolts of all, let alone any council decisions? Without stating the obvious, it would seem to me that up until about 2 or 3 weeks ago, the councillors were quite happy with everything? Happy enough to not get involved. Surely, now they have asked questions relating to Basketball’s use of GESAC, they should ask the same questions for all contracts, EOI’s, etc for all other user groups, swimming, netball, futsal, gym, etc. If they are concerned that there has been some impropriety with the basketball use, then wouldn’t it also seem reasonable that the same impropriety will be present with the other contracts?
On the final question posed: Given the details available so far, it would seem to me that the answer is a resounding NO. The MBA’s response to Burke’s letter even states that Burke “made it clear on numerous occasions”. This would seem to me that the MBA had several chances to get their price right. Obviously in these numerous negotiations they didn’t so it was awarded to the Warriors group.
July 16, 2011 at 4:48 PM
Concerned, you should be. Lack of enugh basketball facilities was identified back in 2005. So, instead of focussing n the needs the focus was on protection of the existing East Bentleigh open air swimming facility. That developed into mre than just that with basketball being an afterthought. If the community process would have been better than perhaps some of the extravagant proposals would have been pared down. There were plenty of people sounding alarm bells as to this develpment.
The irony of ‘warriors’ is that is what is happening in the Council for many years now and it is spilling over to communities in Glen Eira. I can’t see how you can resolve community differences when the Council decision makers, in this case the administration, has a ‘take it or leave it attitude’. In some instances the administration has interfered with agreements between communities because the agreement did not suit them. They have taken political stand not just an administration stand.
Here is a question. Why an ‘allocation’ process shuld be tendered?
July 16, 2011 at 5:13 PM
Excellent question. Here’s another one – why should council pay for any outfitting and why all the tenders. Commercial businesses run on the principle that tenants pay for outfitting, equipment, and other costs . Not here though. Ratepayers are footing the bills for pie in the sky schemes. Plenty of people have asked about business plans and how good was the initial research into public demand, business reactions and so on. It’s as clear as anything that the original planning was woeful, inadequate and totally off the mark. Now gesac has to have prices that are prohibitive and even non competetive. It should never but never have been approved and it should never but never have been anything else except an upgrade. No one asked for a mega palace. All that was ever wanted was for two swimming pools to be able to survive. This has placed Carnegie pool in real jeopardy. I’m just waiting for newton to say that it has toj be shut down and sold off.
July 19, 2011 at 11:59 AM
Congratulations to the Administration of Glen Eira on tendering the use of facilities at GESAC is such an open and transparent way.MBA thinks that the Courts were built for themselves only.
July 19, 2011 at 12:58 PM
Anon, what a worry you really are! Yup, everything’s been so transparent that we’ve now got 8 councillors putting a halt to the funny business organised by your wonderful Newton and Burke. This doesn’t excuse the 8 mind you, but just lets us know exactly how this place works. The cardinal rule of Newton and Burke is don’t let all councillors in on all those little secrets that you’ve been plotting and finding devious ways to introduce. Can’t have real representative gov in this place cos that would mean the end of Newton and Burke wouldn’t it?