True to form, agenda items for the upcoming Council Meeting are characterised by nothing more than weasel words and gobbledygook. Many Officers’ Reports are bereft of detail, argument, and logical analyses. We highlight some of these.
GESAC Car Park
Cr. Pilling on his blog site rightly accuses this report as containing the ‘trojan horse’ ruse. That is, propose one option that will cost $1.5 million dollars (multi level car park) and then squeeze in another option that will only cost $450,000 in the hope that this will be passed. There is no information, nor discussion on the following crucial points –
- How much open space will be lost by either a multi level car park or the extension of the existing car park?
- How many additional car parking spots are considered necessary and what is the evidence for this? (Note: Option 2 cites an additional 75 spaces but with no justification for this number, or no statement as to whether this would be sufficient).
- Why wasn’t this considered at the initial planning stage for GESAC?
- Where will the money come from?
Delegations
In December 2010, delegations were reconsidered. Seven months later, here we go again. The same criticisms we made last time are still evident – namely, the ceding of major power to officers via the delegations to the Planning and Environment Act.
- The CEO’s powers are to remain intact – since “(n)o changes are required to the delegation from Council to the CEO.”
- No official ‘call in’ for councillors on individual planning applications
- Power to grant an application is only if NO objections; the application is “generally in compliance with existing policy or guidelines”
- A permit with conditions can be granted when the “application has not been referred to the Council or the Delegated Planning Committee (DPC) for determination”
- Car parking waiver on “an application involving a reduction of more than ten car spaces may only be determined by DCD, MStatP or MTP.”
Again, this is contrary to numerous other councils. In Glen Eira decisions on planning are almost entirely in the hands of officers and the very criteria for referring on to council remain subjective and thus open to interpretation BY OFFICERS ONLY.
AUDIT COMMITTEE CHARTER
There are some very interesting deletions and new inclusions in this latest version of the audit committee charter. For example, “Monitoring and controlling of community and commercial risk” has been removed, as has this sentence: “An annual assessment of the Internal Auditor’s performance”. The latter has been replaced with the far more obtuse version of – “As part of the
audit committee’s annual assessment of performance, determine level of satisfaction with internal audit function”. We ask, what does ‘level of satisfaction’ actually mean? Isn’t it a far more narrow interpretation than overall ‘assessment’? Why has this been done?
Another interesting insertion is: “Consider the adequacy of actions taken to ensure that the material business risks have been dealt with in a timely manner to mitigate exposures to Council”. We can only wonder whether this is a direct result of the mulch heap
affair and the tardiness of the Audit Committee in acting upon the potential health risks?
Of more significance however, is the paragraph setting out the terms of reappointment of the external members – 3 years. Many other councils (ie Port Phillip) have a reappointment schedule of two years. However, we now have the situation where both Gibbs and McLean will be in their positions for 16 or 17 years straight. Again, we questions the probity of this.
The charter continues to maintain that the CEO and Chief financial officer be present at each meeting of the Committee. Is this appropriate given that the external and internal auditor’s job is also to keep a check on the administration? We highlight once again that other councils do not include such strictures in their charter. CEO’s are present only at the ‘invitation’ of the
committee – not as a de facto member sitting in on each full meeting.
It’s also ironic that the charter states that minutes must be presented to the NEXT council meeting. The audit committee minutes are from 10th June 2011. Hence, they should have been included in the agenda items for the LAST COUNCIL MEETING of June 28th 2011. They weren’t of course. But after all, it’s only a charter and not legally binding, so not worth the paper it’s written on!!!!!!
Councillors must question the continual reappointment of Gibbs, McLean and Lipshutz in this role. Questions also need to be asked as to why the Finance Committee has not existed for going on 3 years – especially when this was such a bone of contention in the Whelan Report.
AUDIT COMMITTEE MINUTES
Looks like there has been movement at the station – finally – and the Audit Committee is at last attempting to run a tighter ship! We quote:
“Mr Agnoletto then presented the assurance map which identified Council’s top 10 risks. He stated that only partial assurance was given and a high level approach had been taken.
The Chairman requested that the Council’s top 20 risks be identified and that going forward, a sample of those risks were to be reviewed together with the relevant manager in attendance at the Audit Committee meeting.
Mr McLean also suggested that Council’s short term (acute) risks be identified and listed and the mitigation strategies in place to address these risks.
With regards to GESAC, the Chairman requested a high level assurance map be produced with mitigating controls”.
All very well – after the horse could well and truly have bolted!!!
EMPRESS ROAD APPLICATION
Here is gobbledygook par excellence. We challenge all readers to make head or tail out of this application to remove a condition and introduce a subdivision. Heaps of questions need asking:
- Has council failed to flog some land because its asking price was too high?
- Is council now ceding this land for nothing?
- Who is paying for the subdivision?
- Has this anything to do with a fairly large school in the vicinity?
Other applications continue the general trend. The more objections registered, then the fewer notifications to residents and owners.
ASSEMBLY OF COUNCILLORS
The minutes of these meetings represent a new Newton tactic. Previously only the subjects of meetings were basically highlighted with very little additional information as to what went on in these assemblies. Now, all of a sudden, we are getting far more expansive ‘minutes’ as well as the NAME OF THE COUNCILLOR associated with that issue. For example; Hyams is directly linked with public questions and the issue of harassment; Magee with pavilions, graffiti and of course the GESAC basketball courts. Since Newton is a total stickler for the letter of the law, we can only speculate as to the motive behind this change. It’s also worthy of noting that the ol’ gang are basically linked with fairly innocuous items such as Xmas trees. According to these minutes, they (apart from Hyams) must be practically mute in these meetings! Hard to believe isn’t it?
COMMENTS:
These agenda items provide the opportunity to really assess the 8 councillors (Penhalluriack is still on leave) and their duty to take charge of this council. Delegations, car parking at GESAC, and many of the officers’ reports should be challenged and questioned and ultimately rejected. We will be watching closely on how the voting goes and more importantly who resorts to weasel words and gobbledygook to justify their voting pattern.
July 17, 2011 at 12:07 PM
Lipshutz is Newton’s right hand man. Ask for a report, get the garbage answer quick smart, then rely on the gang to get it pushed through. Disgusting stuff. It’s even better when there’s one councillor missing so that Esakoff has the casting vote if necessary. Bet that nobody asks the questions posed in this post. Open space means nothing in this council if it can be converted into $$$$$.
July 17, 2011 at 12:29 PM
Action Items from the Audit Committee Meeting note that in November 2009 there was the ‘request’ that “Regular Agenda Item for GESAC to be included in future Audit Committee Papers. The item will provide an update of the project.” The previous 2 Audit Committee Meeting minutes fail to even mention GESAC. If this ‘report’ is surreptitiously included under “Information items”, then we maintain that this is NOT what the action item specified. Agenda Items should be listed as such in any set of minutes that proclaim they represent the range of discussion and matters considered. To do otherwise is to again dwell in the land of secrecy and lack of transparency.
July 18, 2011 at 4:17 PM
Just a comment on Delegations. Below are introductory comments on Item 9.15 Delegations
“CHANGES TO DELEGATIONS FROM COUNCIL TO
MEMBERS OF STAFF
File No:
Enquiries: Donna Graham
Corporate Counsel
1. Purpose
To revoke and replace specified existing delegations and create new delegations of certain powers, duties and functions of Council to Council staff.
2. Community Plan
Governance – to govern the City in a democratic, open and responsible manner in the best interests of the community as a whole.
3. Background
Changes to a number of existing delegations are required as a result of
amendments to existing legislation, the enactment of new legislation, changes to the organisational structure within Council and to improve the administration of Council functions.
No changes are required to the delegation from Council to the CEO.”
The devil is in the detail of which there are many, many pages covering a number of different Acts and supposedly changes to them. From the Background info there are 4 reasons for changes. You would expect that each change would identify precisely the reason for the changes, the actual change, and whether it is consequential or is it a result of internal organisational changes or to improve Council functions.
The amount of changes is enormous. Do other Councils are subject to the same changes? Were those changes foreshadowed before (no indication in the reported Item)? How can Councillors adopt that without knowing what is the effect of such changes? I challenge anyone to make ‘head or tail’ out of this section. In terms of reporting it is not clear what the whole thing is about? Anybody, please let us know.
July 18, 2011 at 4:23 PM
Readers should also note that this “report” is 99% verbatim to previous reports attached to delegation schedules. In other words, nothing changes except the actual delegations. Must be really hard to trot out the same weasel words time and time again! How much does Ms. Graham earn per annum we ask?