Reprobate’s comment regarding the mad rush to finalise the Community/Council Plan by June has given us some food for thought. This is 4 months BEFORE the next election when there is the potential for an entire new crop of councillors to come into office. Hence, they will be ‘bound’ by the decisions of an outgoing council – especially since the option of rescinding motions does not exist in the current Local Law Meeting Procedures!
It’s therefore pertinent to recall the comment of Hyams in 2008 (prior to his re-election as a councillor) on the then proposed Community/Council Plan. We quote the opening paragraph of his submission dated 14th May, 2008 –
“….I don’t believe this Council should be finalising a Community Plan for the medium term at this time, given it will be finalised only a few months before the end of this Council term. Thus the effect will be that this Council is attempting to bind the following Council to a Community Plan that this Council has not had a chance to implement, but in all probability some members of the next Council will not have had an input in drafting, beyond, possibly, this community consultation process. I see no problem with the current Council carrying out the community consultation process, but I believe the next Council should finalise the Community Plan.”
Will the Mayor hold to these views now? Will principles stand firm, or will weasel words again be used to justify what we anticipate will be the gigantic recant on this position?
We’ve uploaded Hyams’ entire submission which we urge residents to read very carefully. His criticisms of the 2008 community plan will no doubt be applicable to the current draft plan. What he says and how he votes will reveal much about the man and the games of politics, principles and consistency.
Glen Eira Debates 
April 16, 2012 at 12:17 PM
The circumstances are indeed identical. There is no legal reason why the ratification of the Community Plan should be done in 2012. The Local Government Act states that within 6 months following an election or June of the election year when the newly elected council is in place. It will be most interesting to watch Hyams on this issue given his previous pronouncements which are still valid.
The issue is black and white and Glen Eira should be praised for digging this up and bringing it to the attention of residents. It’s the touchstone against which Hyams can be judged.
April 16, 2012 at 12:42 PM
There is no rational (or legal) reason as to why the Community Plan is being rushed through at this stage. Not only does the community get lumbered with the views and baggage of current Councilors who will, in some cases, be turfed out but the fact that the Community Plan is being developed before the census data is released is unethical and problematic. Our community has changed considerably since the 2006 data was collected. Why not wait until 2013 to create the Community Plan based on the most recent demographic data?
One must question not only the integrity of the Councillors, such as Jamie Hyams but the council officers and the consultants. All were taken by surprise at the community forum when informed, by a community member, that they would not have access to the first set of data (the least complex) until June 20 this year. The remainder of the data will be released on October 2013 and early next year.
Why oh why oh why?
April 16, 2012 at 3:57 PM
I’m not exactly sure if I am correct but I think you must submitt a Community Plan annually. What Council should do is submitt their Plan subject to endorsment of the new Council. There also are Caretaker provisions.
April 16, 2012 at 4:03 PM
The term “community plan” does not exist in the Local Government Act. Hence there is no requirement to “review” the so called community plan on an annual basis. There is however the legal obligation to “review” the Council Plan and, if necessary, make “adjustments”. The relevant parts of the legislation are copied out below –
125. Council Plan
(1) A Council must prepare and approve a Council Plan within the period of 6
months after each general election or by the next 30 June, whichever is later.
(2) A Council Plan must include-
(a) the strategic objectives of the Council;
(b) strategies for achieving the objectives for at least the next 4 years;
(c) strategic indicators for monitoring the achievement of the objectives;
(d) a Strategic Resource Plan containing the matters specified in
section 126;
(e) any other matters which are prescribed by the regulations.
(3) A person has a right to make a submission under section 223 on the
proposed Council Plan.
(4) The Minister may extend the period within which a Council must comply with
subsection (1).
(5) A Council must submit a copy of the Council Plan to the Minister by the
date specified in subsection (1) or applying under subsection (4).
(6) If a Council fails to submit a Council Plan to the Minister within the
time allowed, the Secretary must ensure that details of the failure are
published in the annual report of the Department.
(7) At least once in each financial year, a Council must consider whether the
current Council Plan requires any adjustment in respect of the remaining
period of the Council Plan.
(8) Subject to subsections (9) and (10), a Council may make any adjustment it
considers necessary to the Council Plan.
(9) A person has a right to make a submission under section 223 on a proposed
adjustment to a Council Plan which relates to a matter specified under
subsection (2)(a), (2)(b) or (2)(c).
(10) If a Council makes an adjustment to the Council Plan, the Council must
within 30 days of making the adjustment advise the Minister of the details of
the adjustment to the Council Plan.
(11) A copy of the current Council Plan must be available for inspection by
the public at-
(a) the Council office and any district offices; and
(b) any other place required by the regulations.
April 16, 2012 at 4:41 PM
Sacked councillor to ordinary resident to lucky dip mayor is the Hyams story. As a member of the gang and strong supporter of Newton we’ll see if he’s got enough guts to stick by these words or continue to sell his soul and vote everything through.
April 16, 2012 at 5:28 PM
I don’t know where or how councillors reached the decision to prepare the Council Plan a year early–can’t recall seeing it in Council Minutes for example. Just maybe Cr Hyams was against the idea and got rolled. Eventually Council will have to explain the apparent breach of LGA. Its hard to work out what principles councillors use to reach their decisions, what with all the secrecy and lack of public records.
April 16, 2012 at 6:10 PM
“Principled councillors” is an oxymoron.
April 16, 2012 at 9:26 PM
Looking for explanations or justifications from this council is a waste of time. History has shown that in 95% of cases all that happens is the rubber stamping of Newton’s agendas. The 5% of times when councillors have gone against the master’s voice is when they’re feeling under pressure because of nearing elections or when they’re helping out their buddies like Esakoff and the heritage scandal.
April 16, 2012 at 10:10 PM
Jamie’s so damn worried about shopping strips in his submission that he’s ripped the commercial centres policy out of the planning scheme. Good one Hyams. Another tick for you in the hypocrisy scorecard.
April 17, 2012 at 12:04 AM
The longer this cointoss mayor is in office the more his duplicity is revealed. Not to mention the duplicity of his cohorts.
What was a valid argument then is just as valid now (i.e. election year, forcing succeding Councillors to follow the previous council doctrines) – the only two differences between then (2008) and now (2012) are
. the need to avoid census figures, which will prove to residents the population growth of Glen Eira that Council has supported by their failure to implement appropriate/adquate planning documents which address overdevelopment issues. This is despite residents clearly expressing a need for better controlled development in the last community plan, and
. Hyams has gone from sacked ex councillor making a submission to being mayor. How in the heck that happened is beyond me!!!!!
April 17, 2012 at 5:41 PM
Hyams was never a sacked from the council. The whole Council was sacked. He was re-elected while some failed. Erlich, Bury and Martens tryed and failed. Esakoff and Hyams suceeded.
April 17, 2012 at 6:03 PM
Ya half right. Hyams waited 3 years so that memories would fade. The other clowns went for it again. Only Esakoff was successful.
April 18, 2012 at 1:12 AM
Council was sacked – Hyams was one of the Councillors sacked. That means he was sacked and he therefore is a sacked ex Councillor who has now become mayor and I still don’t know how it happended (other than the cointoss).
April 19, 2012 at 8:12 AM
That’s politics, Sunshine. Don’t you just love it.
April 17, 2012 at 12:13 AM
Hey Ben, you forgot to mention another reason to get this rushed through – it’s called distracting the residents from the impending GESAC disaster.
End of April is in two weeks and still not a word. You can bet there is some serious A covering going on.
April 17, 2012 at 9:10 AM
Words are very important when people use spin to shape others thinking. By replacing the word “Council” with “community” it gives the impression that the plan belongs to the residents. By saying Council Plan as the Act describes the impression is that the Councillors own then plan. All spin that is designed to give staff more paperwork to shuffle and and provide residents with a nice feeling that they have some say in what happens. Of course they have no say.
April 17, 2012 at 2:02 PM
good news it is the meeting of the Caulfield Racecourse Trustees tonight Im sure they will be demanding they take down the fence that they promised
April 17, 2012 at 8:08 PM
bad news for mrc fan club is that the meeting is not tonight but on Thursday. The agenda of course has nothing on the fence being removed. Main item on the agenda is appointment of the Chairman and increasing Trustee fees, then there is giving the Melbourne Racing Club what it wants in term of leases, and supporting the local community….no sorry can’t see that on the agenda!
April 17, 2012 at 7:48 PM
It’s no good you negative people criticising our previous sacked and now toss-of-the-coin Mayor cos he doesn’t take too well to criticism and therefore no longer reads the comments on this blog – so he says 🙄
Much more comforting for him to read the PR arm of the Council – Glen Eira Leader – where criticism is non existent and praise plentiful.
April 17, 2012 at 7:56 PM
Funnily enough it wasn’t the Trustees who signed the agreement in blood but the Melbourne Racing Club and Glen Eira Council. Looks like bothy parties are now reneging on the agreement and why not? The MRC got what they want in C60 and Hyams, Esakoff, Lipshutz and Pilling gotwhat they want in managing to stick it to the residents.