The gallery included many men, women and children from the McKinnon Basketball Association. The following report on the discussion focuses on the decision whether or not to hold the discussion on court allocation in public, or restrict to in camera. It was part of the response to Committee Meeting Minutes on GESAC.
LIPSHUTZ: Gesac is ‘unfortunately behind schedule….(due to) builder’s delay….probably be able to make an opening in February…..basketball courts are pretty much completed….(pool area) will still take some time….(paying) liquidated damages in a large amount…our project managers are on top of every aspect….number of issues where (builders have had to redo work) because we are insisting….that GESAC will be of the highest standard….”
MAGEE: “there’s nobody more disappointed….than myself ….GESAC behind schedule….we were all hoping that GESAC would be open on the 1st December….I’m actually quite comfortable that it’s late….Council has a number of senior engineers working for us on site…..(sometimes they decide that ) what is happening is not good enough…..stop, redesign, pull out….it’s crucially important that we don’t rush GESAC….just quickly patch it up and get it finished….(handed over and then) for the next umpteem years we’re continually trying to patch it….GESAC….in my opinion is the state of the art…..(many basketballers in the gallery) and I can whet your appetite by telling you that the courts are the best that I have ever seen….it is a world class centre, it is made of world class materials…we have to be patient because we have to do it properly….there’s an item of business to be considered later on in camera (12.8) and that’s to do with basketball …..Council is not able to deal with that item in the ordinary council meeting…..that item must be considered….dealt with in camera….I thank you all very much for coming….but unfortunately we can’t talk about the allocation of basketball in the open part of the council meeting….but I can assure you there will be a report…..and a report on the voting…..I would have loved to have been able to do more tonight, but it’s an item for camera and it will stay an item to be considered in camera….
PILLING: ” I thank everyone for coming here tonight….because of confidential nature we have to do this privately….the results of our decisions tonight will be available in council minutes when published ….It’s a bit disappointing I understand but advice is to do things by the letter and certain councillors are resolved to do that….great to see (people) committed and passionate….I’m hopeful it will be a good outcome for the community.
COMMENT: the really sad aspect of this outcome is not merely the disregard for all those people who crammed into the gallery tonight and then left disappointed. But what these comments reveal is that once again, decisions are made behind closed doors (ie. ‘advice’, ‘certain councillors’, ‘resolved’). After all the pronouncements on Cr. Pilling’s blog site, it would have been uplifting to actually have a motion put to the floor that the item be discussed in chamber. By failing to move any motion, and meekly accepting what was obviously decided previously, residents are again left to ponder what has happened to transparency and accountability – although it would not be too hard to guess which councillors might have opposed the removal of ‘confidential status’. Please note, Cr. Lobo was absent. It would therefore have been a very interesting vote – probably 4/4 and Esakoff forced to use her casting vote – again embarrassing to a council that prides itself on being a cosy ‘club’ with no division!
We will report on the other items in the next few days.
Glen Eira Debates 
December 13, 2011 at 11:06 PM
Judging by the post on Neil Pilling’s blog, he didn’t have too many problems in having the debate in open council acouple of days ago. You don’t need to be a genuis to figure out the the gang and Newton got their way and the rest crumbled under the pressure. Then again, some secret little deals would probably have been made so that when the minutes do come out everything will be unanimous – including tomorrow night’s mayoral election probably.
December 13, 2011 at 11:43 PM
Pilling wrote “would like to see this item moved into the normal public agenda”. If that’s so, then be the politician you’re aspiring to and move a motion to this effect. Newton and Lipshutz keep getting the upper hand because they’re not exposed in public. Make them stick their hands up and vote and they’re stuffed cos that’s where it hurts – where the public can see them for what they are. In the back room they’re kings – out in the limelight they’ll be a laughting stock.
December 14, 2011 at 1:22 AM
I am absolutely appalled. I applauded Pilling’s comments on his blog and also defended him on this blog. Now to hear he has backpedalled without explanation – “because of confidential nature we have to do this privately” says exactly what? On this very public issue, what can possibly be so confidential (other than administrative incompetence) that all discussions on the issue are “in camera”?
Pilling owes a proper and public explanation to those that read his blog, the Rosstown Residents and the McKinnon Basketball Association (who fronted to tonights meeting). Pilling either
. posted to his blog from the heart, without doing the homework
. did the homework and ignored the results, choosing to still speak from the heart
. or was bought off – the price for the backflip was letting him be seen to champion the cause of lower child care fees (which mounting public pressure would have brought about anyway)
Given Pilling’s stance he owes an explanation as to his very public about face and Council owes residents and both basketball groups an explanation as to why this situation (that should never have occurred) is
. taking so long
. costing so much (administrative and legal costs) to resolve
. requires so much secrecy
. still not resolved
Claims of the resolution and explanations “will occur in camera and be published in the minutes of this meeing” cut no ice, particulary as “ïn camera” minutes of this Council are devoid of anything informative.
December 14, 2011 at 1:56 AM
Here we go again. “Council is not able to deal with that item in the ordinary council meeting”. Why? “…but advice is to do things by the letter and certain councillors are resolved to do that”. Who provided the advice and in what letter?
Remember, s89 of Local Government Act is titled “Meetings to be open to the public”. It lists a long list of matters that Council *may* resolve to close the meeting in order to discuss them (doesn’t talk about making decisions). There is no obligation on Council to discuss them secretly as claimed by Crs McGee and Pilling. Ultimately everything can be discussed secretly since s89(2) is so open to abuse–it just takes a majority of councillors to support such a motion.
It still leaves the public wondering just what would happen if the matter was discussed publicly, and what it is councillors are so frightened of that they take every and any opportunity to hide behind a veil of secrecy.
Because I’m so far away at the moment, I’m curious whether the minutes of the previous meeting have been rectified or whether the previous bastardry has been left to stand, awaiting the scrutiny of the Local Government Inspectorate.
December 14, 2011 at 5:35 AM
Dear Reprobate,
the minutes stand. Nothing has been rectified and the previous bastardry continues.
December 14, 2011 at 8:19 AM
My kids kept asking me why they couldn’t stay and hear what was going on with the basketball courts. I honestly couldn’t give them an answer except to repeat that it was private and in camera. They kept asking why. That’s what I’d like to know too. Pilling’s and Magee’s explanations were not good enough. They sounded like grovelling apologetic wimps. There wasn’t anything said about commercial in confidence or any other reason that could be accepted. We just got the can’t do it line. I should have known and not bothered turning up. My kids wouldn’t have gone home so disappointed then.
December 14, 2011 at 9:48 AM
If the item was discussed publicly and one of the councillors or staff said something that offended you or your children you would be annoyed. The discussion would be limited to keep it nicw. Not a good way to test an issue. I suggest the Cr Pilling accepted an explanation an changed his mind. This is jow government works. Ring up Cr Pilling and ask him.
December 14, 2011 at 8:39 AM
Secrecy is Glen Eira’s real name. Never have things out in the open because that would really destroy the image and Newton would be the emporer without any clothes to hide from us. Much better to pour the pressure on in private where the gang can gang up on anyone who disagrees with them. Would love to be a fly on the wall in these assembly meetings. We’d then see who the real bullies are.
December 14, 2011 at 9:26 AM
The one legacy Madam Mayor could proudly lay claim to in her last day of office was the ending of the protracted negotiations over court usage at GESAC. In the real corner is the MBA with 1400 plus active participants who have outgrown their current courts and look to enhance and promote basketball within Glen Eira for Glen Eira residents and ratepayers. In the fantasy corner is the Oakleigh warriors who number less than 5 domestic and 10 Representative teams wanting to leave a stadium that they can’t fill and create from nothing a competition overnight. Granted many of the Warrior members are Glen Eira ratepayers…..players who choose to play outside of Glen Eira.
Sadly, I don’t think Madam Mayor will leave such a legacy.
December 14, 2011 at 11:10 AM
Excuses keep rolling in. Pilling’s got this up on his blog now – I would have liked the item considered in the public section of the meeting but accepted that on further advice this would be difficult to do without compromising the integrity of the item and any subsequent decision.
Golly gosh – items now have “integrity”. Pity about the people though.
December 14, 2011 at 11:25 AM
Perhaps Cr. Pilling could let residents in on the secret “further advice” and where it came from? I’m not asking for the actual “advice” merely the source and it’s real handy that this “advice” materialised at the 11th hour. In the original post Pilling didn’t seem to have any problems with discussing this in the council and he also didn’t think that whatever was in the officers report was so controversial that it had to remain secret. Now that he’s changed his tune, it’s fair to ask whether he and his few colleagues just caved into the gang and Newton.
I’ve never heard of anyone or a group suing a council if that’s what the argument was that was put to Pilling. Warriors and Mckinnon have got buckleys of going down this track anyway since they don’t have the money and Newton would be prepared to spend millions to save his and Burke’s skin. It’s not his money but ours so he can spend all he likes.
December 14, 2011 at 1:41 PM
Colin you are a bit hard on Pilling. To have an open sh*t fight in a public meeting is not good government when personalities may come up in the debate. Furthermore, Councils do not have immunity from personal litigation as State and Federal members of Parliament enjoy. The whole discussion would have been hamstrung and not allowed Councillors to speak their mind.
December 14, 2011 at 3:46 PM
I didn’t say anything about a bun fight in Council. I’m questioning why someone who has made it known that he intends to do something in the end backs out without even an attempt to achieve his objective. Putting a motion that something should be considered in council is not about personalities. It is stating that there should be an end to secrecy and behind closed doors decision making. Since no motion was put, then I believe Cr. Pilling has two options – he can accept the criticism, or he can answer my previous questions.
December 14, 2011 at 1:24 PM
Oh how the residents of Rosstown Ward must be lamenting – for the second time in less than a month (first the CEO appointment, now the basketball allocations) Pilling has taken a stand on his blog only to disappear in a puff of smoke when it’s time to deliver.
Both times a very lame excuse. I don’t know what the price was on the CEO backflip, but the price of basketball backflip was getting to move a motion on the ridiculously high childcare fees.
December 14, 2011 at 4:30 PM
Don’t forget Magee, Forge and Penhalluriack. They’ve got tongues and presumably brains. They could have said how when why or moved a motion. They didn’t so their credibility is also shot. Everything is prearranged and decided before anyone even steps foot into the room.
December 14, 2011 at 5:04 PM
By my count Lobo has now missed 6 of 19 Council meetings (including Special Council Meetings) this year. Penhalluriack has missed 4.
I think this is inexcusable, given the importance one vote can have in this council. I don’t really care what the reasons were – decisions are made by those who turn up.
Of the others, Lipshutz has missed 2, and Tang and Esakoff one.
December 14, 2011 at 5:25 PM
And how many Trustee meetings, environment, and others has Tang missed. What about Lippy? Heaps and heaps, or if he does show up it’s invariably late and he often leaves early. That’s okay though cos he’s probably engineered the results beforehand with Newton’s help.