Glen Eira Debates

From page 8 of the Melbourne Racing Club Annual Report – http://secure.melbourneracingclub.net.au/news/2011MRCAnnualReport.pdf

Council decided upon a further period of community consultation before passing a resolution at the end of April to recommend adoption of the Amendment, with only minor alteration to the original proposal. This led to the formal announcement of the approval of the $1 billion dollar development at Caulfield on 28 June.

The Planning Scheme Amendment for the mixed use Caulfield Village development allows for up to 1,200 – 1,400 residential apartments, up to 20,000 (square)m of office space and approximately 17,500 (square)m of retail shopping, food and beverage outlets. Caulfield villege is to be situated on five hectares of land adjacent to Caulfield Racecourse. Approximately 2,000 car parking spaces will be provided within the development.

In taking the project to the marketplace, the Club is seeking expressions of interest from premier developers and investors within Australia and Internationally. This will be a two stage process, with expressions of interest being taken until early January, after which the Club will then narrow the candidates down to a preferred short-list.

In some ways the project is only now about to commence and works will be staged progressively over several years. I would like to expressly thank the development Team led by Brian Discombe for their outstanding work in delivering this approval.

Prior to the development of Caulfield Village, the Club will review Members’ car parking arrangements. As previously advised, Members’ car parking facilities will be relocated to three key areas – the Guineas Car Park, the newly expanded Kambrook Road Car Park and the Centre of the Racecourse, which will have dedicated reserved Members’ car parking.

COMMENTS

Finally, the truth is out! The ‘plan’ submitted by the MRC and passed by the gang was, and is, a work of fiction. Please note the following:

• The sudden increase in both office and retail space
• The sudden increase in potential apartments – now up to 1400 units
• The use of the centre car parking as a “dedicated” members carpark – in other words, a public carpark suddenly becomes a private “members” carpark!
• What does “approximately 2000 carparks” mean? – 1950 for 1400 units? Or 1850 for 1400 units? Or maybe just 1000 car spots? Your guess is as good as ours!
• We can only conclude that nothing which has been put before the public is set in concrete. That the MRC will change, adapt, and manoeuvre however they choose and with the probable full complicity of Glen Eira Council!

We’ve received some photographs and have decided to put ‘Anon Carnegie’s’ comment up as a full post –

I have recently been wondering why metal tables and seats were removed by council near the pedestrian lights in Koornang Road. Sawn off at the base they just disappeared overnight with nothing replacing them.  Then suddenly the reality appears.  Our public seating, available 24 hours per day has been removed to make way for private seating, owned by Grill’d, the new addition to the ‘culinary delights’ of Carnegie.  How can this happen,  why has a public space had seating removed  to make way for private seating available only to customers of a major chain fast food conglomerate?  This really troubles me and I would like some answers from councillors to explain how this can and has happened.

No, we’re not talking Christmas cheer, moon landings. It’s more like plucked ducks (forgive the mixed ornithology) limping sadly home, much the worse for wear. But they’ll find that the cupboard is bare and major structural damage is visible even from outer space. We’re referring of course to the latest ‘hold up’ with Duncan McKinnon’s much vaunted $8.8 million upgrade and new pavilion and grandstand. According to Cr Pilling’s blog, all is silent on the western front. No tenders, no nothing. All that’s happened is the laying of more concrete for the extended car park.

You don’t have to be a genius to figure out that Santa’s sack of goodies is empty. GESAC, borrowings, delays, lawyers, lousy planning and of course a ‘liquidity crisis’ simply means that there is no money to go ahead full steam with what Lipshutz, Tang, Hyams regard as sacrosanct – the strategic resource plan and budget. Well, we’ve already seen how pliant the budget is, and how wonky the SRP can be. Now there’s the reality that we’ve probably run out of available moolah  – that’s why the delay. For all the talk of prudent and responsible fiscal management, we just have to wonder how Glen Eira can find itself in such a mess. The old maxim of live within your means and the sky’s not the limit when it comes to borrowings, has been proven correct. Again, we give fair warning dear friends – watch out for rate increases that will make 6.5% look like chicken feed. As time goes by, the Auditor General’s latest grading of ‘high risk’ for Glen Eira will resonate so loudly that all the merry chirpings of the faithful flock will be drowned by the cacophony of  residents asking ‘how in the hell could this happen’?

We wish all our readers a wonderful and safe festive season and a healthy 2012. It’s been a busy year. Much has happened as outlined in our ‘review’, but much still remains to be achieved. Our objectives are to continue to grow; to highlight all the issues that impact on residents and to provide the necessary conduit for opinion, debate, and consensus. In short, we aim to provide a voice for residents – something so obviously lacking in this muncipality.

As always, we’re grateful for all contributions and for the countless email messages of holiday cheer and well wishes. Unless something of major importance surfaces, we will return refreshed, eager, and invigorated in the new year. Last but not least we again extend our thanks to councillors (and administrators) for providing us with so much copy for our regular posts! We could not be doing this without you.

The following post has appeared on Cr. Pilling’s blog.

“Earlier today sent this email thru to Crs ,CEO and admin on the need next year to review the whole Expression of Interest process that led to the present unfortunate situation where 1400+ local kids, families and clubs will most probably not be enjoying the brand new facilties at GESAC next year.
It was a case I feel of the wrong process for the wrong situation and an important part of any review will be acknowledging this. To conduct to what amounted as a quasi commercial tender process was to say the least misguided.
“In the aftermath of this years Gesac basketball saga feel it would be helpful to spend time in the New Year reviewing the whole EOI process and the criteria used in assessing.
I feel there are real questions as to whether this was the right way to go from the start.It’s too simple and misses the point just to say that the MBA should have submitted a better bid.
There has to be a better way of determining the allocation – one that is more equitable and doesnt over emphasise ‘marketing business plans’ and court fees at the expense of real community need and the realities of local sport. Will do some research on similar situations for info on different allocation models. In my mind there are similarities to the childcare fees issues about getting the balance right.
In the end the current EOI process lead to a poor outcome that has caused anghst and outcry in our communities- For this reason alone we should work hard to ensure a fairer more community minded process is in place for the second twelve mths of GESAC” .

COMMENT

Whilst we applaud Cr. Pilling for his stance and making this public, we also believe that it is a case of too little, too late. We ask councillors the following questions and believe the public has a right to some honest answers:

• What role did councillors have in determining the selection criteria for the EoI’s? If none, why not?
• What feedback was provided to councillors throughout this entire process? Was it adequate, detailed, comprehensive?
• Did councillors ever get to read the formal applications? If not, why not?
• If read, were councillors ever asked for any formal feedback, suggestions, preferences?
• What was the legal advice? Since there were at least two legal opinions sought, did these opinions differ in any way?
• Were any figures on proposed budgets presented to councillors at any stage? Were they asked for?
• Were councillors derelict in their duties to oversee the allocation process?
• Was the administration derelict in its duties in not keeping councillors adequately informed of all stages, requirements, budgets, and progress?
• Why did councillors not move motions in council that would remove the ‘confidential’ status of the item?

We have repeatedly stated that transparency does not occur behind closed doors. If Cr. Pilling and others are dissatisfied with the outcome, then their objective should be to ensure that the processes are correct right from the start. If questions are asked and answers are not forthcoming, then a formal council resolution would put an end to any obstructionism that may be occuring.

It would also be of great interest to residents that councillors explain why they voted as they did. This is stated in the Local Law, yet we have no idea why Hyams, Lipshutz, Tang and Forge voted the way they did. This is not transparency and accountability. It reeks of more secrecy  and behind the scenes discussions. As with so many other issues at Glen Eira, the  pillars of good governance – transparency, accountability, – are non existent.

Congestion central: Chadstone expansion hard to swallow

Nicole Cridland

RESIDENTS say an expansion of Chadstone Shopping Centre will swallow small business in parts of Glen Eira and worsen traffic congestion. Trish Fields said businesses in Carnegie were suffering and residents were being fined for parking infringements while Chadstone had been allowed to continue to grow and offer all-day parking. ‘‘It’s a case of the Fashion Capital versus local neglect as a monolith grows and grows,’’ Ms Fields said. ‘‘There is no consideration for local traffic, but every effort is made to help Chadstone grow while small traders in surrounding areas are actively being restricted.’’

Stonnington Council is seeking approval from Planning Minister Matthew Guy to allow an amendment to the Planning Scheme before placing the proposed $500 million Chadstone expansion on public exhibition in January. Local resident Matthew Knight said news of the planned expansion, that included an office tower and hotel up to 13 storeys as well as 27,000sq m of extra retail space, was a ‘‘shocking revelation’’ to the community. ‘‘With Dandenong and Warrigal roads already completely congested, this massive expansion will simply overwhelm the local road network,’’ Mr Knight said. ‘‘Given that there is insufficient parking and no plans for any significant expansion of public transport access, the only certainty is a congestion crisis at Chadstone.’’

Ms Fie l d s said traders in Carnegie and Malvern East were being unfairly penalised by parking restrictions. ‘‘There is no effort to scour Waverley Rd to monitor parking overstays or speeding drivers who use the side streets and make illegal turns to avoid the traffic lights,’’ Ms Fields said.

There has been recent publicity concerning the (over) zealous tree lopping that is occurring on both private and public land in Glen Eira. McKinnon Reserve was the latest casualty with 178 trees literally going down in one fell swoop. The argument of course was ‘safety’. We can only marvel at Mother Nature and how she engineers the fact that ALL 178 trees suddenly colluded to present as a danger to the community. This of course begs the question of why, if the above is true, were these trees allowed to even reach the stage where they might be a hazard. Has council perhaps heard of regular pruning to remove dead branches, and heavy bearing limbs?

We thought it might be of interest to residents to view the results of Council’s ‘butchery’. Below are our BEFORE and AFTER pics.

Exactly one year ago today (Dec. 19th) we posted the following:

“In many ways 2010 has been a tumultuous year for Glen Eira. We review the standouts and offer our reflections.

• The reappointment of Newton for a two year period highlighted the obvious divisions within council and, we suspect, led to the third Municipal Inspector’s investigation of the past 12 years. It has also led to the resignation of Whiteside. This is obviously not a ‘positive’. As far as we know, no other council in the state has undergone three interrogations in such a short space of time. And once again, no serious ‘breaches’ were uncovered. As has been pointed out numerous times, and by several commentators, the constant in all of these investigations has been Newton himself. Councillors’ decision to therefore reappoint him for a further two years has not resolved anything. As far as we can tell the mistrust between councillors and administration, and within the councillor group itself, still remains. If Glen Eira is to have a really ‘fresh start’ then this will only be achieved with a new CEO, and a new set of directors. We note again that Glen Eira is the only council in the area to have 5 individuals sitting on over $200,000pa! The ‘fat cat’ syndrome has been maintained.
• The C60, and planning issues in general, were dominant throughout the year. Glen Eira abdicated its responsibilities to its residents by conferring upon the MRC the power to create its own Master Plan. This should have been the role of council – not the MRC. The result is utter control to the MRC and the winky popping of several councillors and the sidelining of two others on the pretext of ‘conflict of interest’. When we consider that this ‘development’ involves over 100 hectares of land, and has the potential value of billions and billions, Council’s failure to adequately plan and advocate for the community is inexcusable.
• In general planning terms, local papers contained story after story of residents protesting about ‘inappropriate development’. Sadly, council has not done anything to ensure that residents are adequately protected. Unlike every other council in the state Glen Eira, following its appalling Planning Scheme Review, has again disowned structure plans, levies on development, height controls, and much more. In contrast to neighbouring municipalities there has been no concerted effort to oppose ten storey developments. Instead the consistent argument put forward by council has largely been ‘blame VCAT’, ‘blame the state Government’, blame anyone and everyone else, except their own planning scheme shortcomings. We have asked the same question over and over again: if other councils can do something about Melbourne 2030, if they can have mandatory height controls, if they can have structure plans, transport plans, public realm policies – then why is Glen Eira always the odd man out? Our conclusion has to be that Glen Eira is a pro-development council, rather than a pro community council.
• Community consultation and communication is still far from adequate, although there have been several signs of marginal improvement such as the ‘Have Your Say’ online options. Yet, even here the ‘consultation’ is skewed via the questions asked and the simple fact that residents still experience a top down approach in all issues. Instead of asking the community their thoughts about Packer Park, Marlborough Reserve, residents are presented with ‘concept plans’ that many feel have already been set in concrete – without prior discussion and debate. Another significant failure throughout this past year has been councillors’ refusal to open up its advisory committees to community representatives – or to publish agendas and insist that meetings be open to the public. Secrecy remains the dominant ethos of this council.”

Reading the above, we conclude that nothing has changed – except perhaps become far worse. Here are the lowlights of 2011:

• C60 decision
• Centre of Racecourse decision
• Heritage fiasco
• Repeated abuse of meeting procedures
• Bullying charges and gagging of councillors
• Increased ‘secrecy’ and decision making behind closed doors
• ‘legal advice’ costing ratepayers tens of thousands
• Planning and traffic chaos
• A clearly divided council and possibly the most retrograde step of all – the reappointment of Newton

All in all, a sad state of affairs. Add to this the confusion surrounding Cr. Lobo and it’s anyone’s guess as to what the repercussions will be. Will he resign? Will he stay? Will he continue to back his new found friends?

It is however an election year. Change in personnel must occur. Glen Eira Debates will continue to focus on administration and councillors and offer our views on their performance. What is gratifying is that we continue to smash record after record. Our hits for the past week were   5,344. With your continued help and support we will make a difference in the coming year!

PS: we forgot to list the secrecy over GESAC, the ‘liquidity crisis’, and of course, the ongoing basketball farce – all of which is sure to have a major impact on budgets and rates.

In-fighting over city council secrecy

14 Jul 11 @ 06:00am by Alice Higgins

Some city councillors have accused their colleagues and staff of lacking transparency and gagging debate on contentious issues. The councillors say many items are being discussed behind “a veil of secrecy” to avoid public and media scrutiny. The group says staff are recommending many agenda items be considered in camera, and say some of their fellow councillors are being too compliant in allowing the matters to be discussed in secret.

Discussions can only be held behind closed doors after a majority vote of the council.

Matters debated in camera over the past three months include the $535 million Adelaide Oval redevelopment, Rundle Mall Master Plan and the State Government’s proposed three-hour lockout at city pubs and clubs.

Deputy Lord Mayor David Plumridge last month told a council meeting it could not “continue to work behind a veil of secrecy”. “Many times I think we go behind the veil of confidence when we should be out in the open,” Cr Plumridge, a former national president of the Local Government Association, told the City Messenger after  the meeting.

“When we are dealing with public money, public assets and public infrastructure, I think the public has a right to know what we are discussing.”

Under the Local Government Act, councils can discuss matters in camera under a range of scenarios, such as if they compromise council security, reveal a person’s personal affairs, or relate to legal advice.

Cr Anne Moran said there was a “level of frustration” among some councillors that matters were only being discussed in the open when it was “a done deal”. Cr Moran unsuccessfully appealed for a Rundle Mall Management Authority presentation to be held in public at a meeting last week, saying “after all, the public is paying for (the plan)”. “(Staff’s) general default position is when vaguely possible, pop everything into confidence,” Cr Moran said.

“The reasons to go into confidence are becoming more and more flimsy. “It is just so we can debate it without having to read about it in the paper.”

Cr Sandy Wilkinson said secret discussions were being used to silence councillors. “It is a way of gagging elected members speaking their views on things because they are bound by confidentiality not to say anything,” Cr Wilkinson said. “I think it is important for people to hear the conflicting and opposing views and the arguments that are put for those conflicting view.”

Cr Mark Hamilton told last month’s meeting the council had “a tendency to deal with miles too much in confidence”. “There are a number of occasions … after the matter has been dealt with in confidence, I have felt there has been no need for the matter to have been dealt with in confidence,” Cr Hamilton said after the meeting.

Cr Houssam Abiad denied the council went into confidence too often but said the public should be kept informed as much as possible. “If we are discussing things in confidence, we should be sending out a public brief saying this is roughly what happened yesterday that we can tell you so the public feels engaged and connected,” Cr Abiad said.

Lord Mayor Stephen Yarwood said it was “logical” for staff to “err on the side of caution”. “Adelaide City Council is in a unique position compared to other councils given the large number of contracts and businesses we are involved in,” Mr Yarwood said. “We are often competing with private enterprise or putting out tenders for projects and sometimes we need to do things in confidence to ensure we are getting the best bang for our buck when spending ratepayers’ money.”

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The above sounds terribly familiar – apart from the fact that in Glen Eira, control of the agenda has been handed over holus bolus to the CEO alone. He has the power to declare any item “confidential”. We’ve previously featured some figures on Glen Eira and the secret society – ie. how many items have been conducted in camera. We’ve now gone a step further and reviewed the entire year’s council meeting minutes and displayed them as follows: (1) the number of ‘normal’ agenda items; (2) the number in camera, and (3) the number of outcomes declared on these in camera items. The results are pretty amazing – nearly half of all agenda items were discussed in secret and of these less than one third was subsequently released. Please note that of the items disclosed most concerned straight forward tenders.

From the minutes of December 13th, 2011 

Crs Hyams/Lipshutz

That Council

1. Note that:

(a) As the result of a fair and proper Expression of Interest (EoI) process, the use of the GESAC indoor courts for basketball was allocated to the Warriors;

(b) In the interests of maximising the use of the GESAC indoor courts by the community, Council’s preferred position is that the basketball allocation be shared between the Warriors and the McKinnon Basketball Association (MBA); and

(c) Notwithstanding the allocation referred to in (a), the Warriors have indicated a willingness to share that allocation with the MBA.

2. Allocate the use of the GESAC indoor courts to the Warriors on Fridays from 6pm to 11pm and Sundays from 9am to 11pm.

3. Allocate the use of the GESAC indoor courts to the MBA on Saturdays from 8am to 11pm subject to the MBA agreeing by January 15 2012 to provide two alternative basketball courts to the Warriors from 8am to 7pm on Saturdays to the reasonable satisfaction of the Warriors, or, if such agreement is not reached, or observed, allocate the GESAC indoor courts to the Warriors on Saturdays from 8am to 7pm.

4. In all other respects, apply the terms and conditions of the allocation referred to in 1(a) to the use of the courts by the Warriors and, if applicable, to the MBA.

5. Authorise officers to give effect to this resolution.

6. Incorporate this resolution and this report in the public Minutes of this Meeting apart from Council’s legal advice at section 3.4 of this report and in the attachments.

DIVISION

Cr Magee called for a Division on voting of the SUBSTANTIVE MOTION

FOR                                        AGAINST

Cr Tang                                  Cr Magee

Cr Hyams                               Cr Penhalluriack

Cr Lipshutz                             Cr Pilling

Cr Forge                                 Cr Esakoff

The SUBSTANTIVE MOTION was put and CARRIED on the casting Vote of the Chairperson.

PS: The following is copied from Cr. Pilling’s blog –

Comment – Only a sucessful motion is recorded according to minutes guidelines. This means that motions voted down including those that myself and Cr.Magee had proposed are not recorded – We certainly did our best in this regard.

It would be fair to say that Cr. Esakoff was of the view that Council shouldn’t be involved at all at this stage of the process.

This is a very disappointing decision and a motion that I could not support as it effectively in my view hands the allocation to the Warriors and relies on their benevolance in accommodating the McKinnon Basketball Assoc, a situation that I can’t see happenning.

As such there will be over 1400 players and families not participating at GESAC this year. This allocation is for twelve months – There needs to be a far better process in place next year to prevent this unfortunate situation occurring again