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
Glen Eira Debates 
December 16, 2011 at 5:57 PM
What the hell is Forge doing voting with the gang? This motion is unbelievable in its coercion if not blackmail. Who was chairperson? Esakoff or Hyams. If Esakoff then it’s lah lah land if she voted against and then on the casting vote switched. If it’s Hyams, since he took over as mayor just before, then this tells everyone what kind of mayor he’s going to turn out to be. All the way with the gang and Newton and Burke. Makes you want to spew when he’s been praised for being “fair”.
December 16, 2011 at 6:50 PM
This council makes up its own rules as it goes along. We’ve suddenly got a set of minute guidelines that were pulled out of the hat. Even if such a document exists it is always subsidiary to the Local Law and legislation. I’ve just checked the former and there’s this sentence in there – “No discussion is permitted on the minutes except as to their accuracy as a record of the proceedings of the meeting to which they relate”. In not publishing the failed Magee and Pilling motions, these minutes aren’t accurate. Even if this was conducted in private, any motion moving that they be put into the overall minutes should have been included even if it failed. That’s assuming of course that any such motion was put, or whether councillors have again been bluffed out of good governance and allowed Newton to get away with blue murder.
In this council, minutes aren’t minutes. They’re spin and apologia with the objective of revealing as little as they legally can. It’s a joke.
December 16, 2011 at 8:11 PM
This decision must be incredibly disappointing to all McKinnon basketball people. Following months of waiting and waiting, for council to produce such a one sided resolution is unacceptable. Holding a gun to McKinnon’s head, as this resolution obviously does, will not win too many votes for those councillors who saw fit to ignore the locals. It’s even more disappointing that the vote was again split 4 to 4 and that it took a casting vote to decide. This council is now unbelievably divided and this will impact on countless other decisions in the year ahead. As the new Mayor I would have thought that it is Hyams role to ensure that there is satisfactory compromise all round. Yet his motion would seem to be heading in the other direction.
It’s also a sign of the times that minutes are once again heavily censored and withheld. The dominant culture of secrecy is now so firmly entrenched that those councillors, such as Pilling, Magee and Penhalluriack, who are at least attempting to cast some light into these dark corners, are hog tied by the clever manipulation of the law and the way it is permitted to be interpreted. Again, this doesn’t fill one with confidence that the next year will produce a marked improvement in the culture of this Council. Residents will just have to wait until the next election and ensure that the candidates are truly representative of the people, rather than the administration.
December 17, 2011 at 6:13 AM
What happened to Forge voting with the conservatives again, If it ain’t Lobo it’s Forge showing her true colours. There another dead head that needs to be replaced next election.
December 18, 2011 at 7:45 AM
Maybe she doesn’t like supporting a socialists.
December 17, 2011 at 10:04 AM
Well, well, well finally a look inside into the all time crap that councillors have to deal with when they ask for information from officers. Tangs call for info gets no real answer on anything except that the facilities are booked. Big bloody deal. A couple of hundred words that reveal nothing ain’t my idea of in depth info. Wonder if the redacted legal advice was in full or whether Burke just took stuff out of context and the sentences that would support him as he did with the one sentence from Cody. Including winky pop stuff is way over the top and nothing more than a veiled threat to councillors. He’s good this bloke.
December 17, 2011 at 10:40 AM
Neil you’d better watch out and start watching your back. Telling the world what Esakoff thinks is against the code of conduct. You’ll be charged with bullying pretty soon or breaching confidentiality under the local government act if you continue with such independence and honesty.
December 17, 2011 at 1:28 PM
Cr.Pilling needs to be alot smarter than you have been to get your way. The motion that he tried to change was on the notice paper as it needs to be to be considered. He would have known what the recommended motion was along time ago. It needs to be given to councillors sometime before the meeting, officially. By bringing forward and alternate motion that has not been formally published it will never be recorded in the minutes. If you want to get in the minutes you need to use Urgent Buisness to get your ideas published. By allowing alternate motions as you call it would leave council business open to abuse by devious councillors simply to get noticed. Someone could bring an alternate motion to demolish the town hall and build new one. It would be discussed and loose. Then the proponent would issue a press release and get their name in the paper. The aim has been satisfied. Next best thing have your own blog site and put forward and alternate motion (your words) and try and get it into the agenda. Of course when it fails people say that the council is not transparent and they claim to be the hero of transparency. Cr. Pilling did a back flip by agreeing to have the GESAC issue handled in “Confidential”. I reckon he did that when someone told him of the possibilities if it were to be discussed publicly. Same thing goes here. Need to try harder Neil. Gotta be a lot smarter.mate. As Deputy Mayor it is time to get with the program.
Well meaning amateur vs skilled bureaucrat. I will back the latter anytime.
December 17, 2011 at 1:47 PM
You’re talking through your hat. Pilling would have alerted councillors that this was his motion well before the secret meeting. He follows the rules set by the dictators and as he says only successful motions are put into the minutes. Meaning that his went up and it didn’t get enough votes. So yeah, this is about transparency and having minutes that mean something and aren’t continually doctored to capture the version that Newton wants.
December 17, 2011 at 9:27 PM
This is dealing with a contract. I don’t trust any of the councillors to devise a contract without having it looked over by someone that understands contracts. Pillings ideas may be well meant but we do not want the City exposed financially through poor contracts. Be terrific if things were that simple. It is not the case that only successful motions are put in the minutes. The point is that the motion must be written up by the staff not the councillors. No matter what you think kit should be like well it is’nt like that.
December 17, 2011 at 3:19 PM
Cr Pilling worked hard to sink the GESAC carpark extension, and almost succeeded in doing so. If Forge hadn’t voted with her Liberal Party mates it would have been defeated, and Bailey reserve would be still in one piece.
December 17, 2011 at 4:12 PM
The McKinnon basketballers can have there revenge at the next election, under a year away, by simply voting against the Councillors that did-them-over for the benefit of the Oakleigh residents. This applies especially to the Tucker Ward residents, parting with Hyams and Lobo, will only improve your chances of anything like this ever happening again.
December 17, 2011 at 4:34 PM
Getting closer to the truth all the time. Lipshutz started off with gesac opening in December. It became January and then February. Burke is now including March!! These blokes can’t get their stories straight. Truth could be as far off as April. Bye bye summer. Bye bye basketball comp and bye bye budget. Hello more borrowing. Hello more rate increases and hello more bullshit.
December 17, 2011 at 5:03 PM
Hi Guys, not before July 1, even longer, mark my works.
December 20, 2011 at 12:54 PM
The following sounds like yet another breach of the Local Government Act: “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.”
Under s93, Minutes of council meetings must contain details of the proceedings and resolutions made. If council votes on a motion and its defeated, then in my opinion that is also a resolution–council has resolved not to adopt the motion, and it should be minuted. The Minutes are a public record and should accurately reflect the matters council has considered and what decisions they have reached–including how each councillor voted, and a summary of arguments used by the councillors who spoke for or against a motion.
Just who is responsible for these “minutes guidelines” and where are they published?
December 20, 2011 at 5:55 PM
Thank you again for highlighting how the laws of the land are perverted by this group of administrators and certain councillors. It is also worth reading closely Cr Tang’s point of order/right of reply from the last council meeting. This is a straight out admission that Newton has done as he liked without council consent regarding where to table requests for reports. The silence of councillors on this matter is deplorable and even more deplorable is that they have to spell everything out in a motion which should be self explanatory. The question of transparency and accountability Tang of course didn’t address. His primary objective, aided and abetted by Esakoff, was to denounce Penhalluriack and affirm the atrocious governance record of the council.
December 21, 2011 at 1:30 PM
Yup, he didn’t address transparency and accountability, didn’t explain why he supported suppressing reports from the public, obliquely implied he didn’t think councillors routinely failed to comply with LGA or LL (they do), confused his hazy memories with evidence and fact, and made the fatal assumption that all councillors get to see the information he receives. Its not acceptable, and I urge Cr Tang to reflect on why. Its also time for Mayor Hyams to lift the standards of corporate governance by setting an example and attempting to undo some of the recent damage.
December 20, 2011 at 9:01 PM
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;
It may have been ‘fair and proper’ in some peoples view but please explain why the McKinnon EoI was continually talked down until eventually their offer was not enough to get the gig. Well done Warriors, you will reap the reward.