Agenda items for Tuesday night feature several important items
DELEGATIONS
Once again councillors are largely sidelined when it comes to planning matters and the most important powers are ceded to officers. We reiterate what we’ve said in the past:
- No councillor ‘call-in’ on applications – ie. countless other councils deem it essential that a councillor be given the right to insist that a planning application be decided by a full council rather than 3 bureaucrats as happens in Glen Eira under the Delegated Planning Committee (DPC) structure
- The criteria for determination remains vague and unquantified. For example: the Schedule to the DPC states that this committee may decide upon applications when “There has been significant objection/s in terms of substance or number received to an application, amendment or any other matter”. Precisely what ‘significant’ entails is of course not stated. Are we talking 5 objections, 10 objections, 50 objections? We note again that numerous other councils specify the number of objections that will automatically see the application go to a full council meeting.
- There are other nebulous phrases contained in this schedule for the DPC: ‘significant departure from policy”. Again, what does significant mean in this context, and who is to decide? Certainly not councillors!
- We refer readers to a previous post where the significance of such delegations is outlined in greater depth: https://gleneira.wordpress.com/2011/01/17/delegations-the-glen-eira-way/
- We also note that Newton’s spending power has now reached $750,000. This amount does not require a council resolution!
COMMUNITY CONSULTATION COMMITTEE
The farce of ‘consultation’ in Glen Eira continues with the minutes for this meeting. The positions for community reps will be readvertised since according to the spin – “The committee discussed the lack of diversity of applicants in relation to young people and families and thought that it was important to seek applicants from a broader range of community members.” Strange that we happen to know of at least 2 applications from well versed residents who just happen to also be ‘family’ members with young children. Their ‘rejection’ has more to do with whom council doesn’t want representing the community voice than with whom they do want. Intelligent, articulate, and pro-community people we suspect would be anathema to the powers that be!
There’s also a paragraph on the review of the overall consultation strategy itself. We find the following particularly relevant: “In section on engagement tools and techniques include: disadvantage to meetings and forums as ‘can be dominated by interest groups, and disadvantage of social media as ‘individuals may submit multiple times’. Does this augur the demise of ‘multiple methods’ of community consultation?
Finally, the proposed terms of reference for the committee when it is eventually reconstituted with community reps includes the rider that VOTING POWER will only be granted to councillors! Reps will be selected on ‘agreed criteria’. Of course, these criteria remain top secret!
RECORDS OF ASSEMBLY
See the following as items of real interest:
“Cr Lipshutz – a development in Inkerman Road that has a Condition requiring that a laneway be properly made that will cost the developer. Asked that this Condition be reviewed.”
“Cr Delahunty – advised that she had met with the Chairperson of the Caulfield Racecourse Reserve Trust who had updated her on thek Trust’s current deliberations. Said that she understood that there is nothing preventing the Councillor Trustee members keeping the full Cpouncillor group updated on the Trust’s deliberations.”
Readers should also peruse the report on the ABC studios site and its potential sale for residential development.
PS: A very quick search has revealed some further fascinating comparisons between Glen Eira Council and its neighbours regarding the delegation to the CEO. Unlike Glen Eira, these other councils have imposed certain limitations on the powers of their CEOs. Glen Eira appears to set no limits!
Stonnington – without the concurrence of the Mayor communicated to the delegate at a meeting or conference convened by him or the Mayor for the purpose of informal discussion (http://www.stonnington.vic.gov.au/your-council/about-council/council-delegations/)
Bayside – If the issue, action, act or thing is an issue, action, act or thing which involves:
4.1 awarding a contract exceeding the value of $300,000 for an annual capital works contract;
4.2 awarding a contract exceeding $100,000 per annum for the supply of goods and services for a period exceeding 5 years;
4.3 approving a contract variation that exceeds 20% of the original contract sum, where the original contract sum is $250,001 or greater;
(http://www.bayside.vic.gov.au/10.15_Instrument_of_Delegation_to_CEO_-_2013.pdf)
Boroondara – A new power to acquire or dispose of other interests in land to the value of $500,000 or less (excluding GST) is inserted.
Under the existing delegation, the Chief Executive Officer also has the power to vary contracts which were approved by Council. The power is conditional upon expenditure limits, being: [if] the value of the contract is greater than $500,000, the aggregate value of the contract (taking into account the value of expenditure for the further term and the value of the variation) may not increase by more than or 10% or $100,000 whichever is lesser.
Monash – Increase the maximum value of contracts that can be awarded by the Chief Executive Officer, to $250,000.
(http://www.monash.vic.gov.au/reports/pdftext/cp28may13/6.1.pdf)
July 19, 2013 at 1:35 PM
“Significant objection/s” should include criteria like it fails to comply with Council policy or fails to comply with amenity standards [Rescode]. If a matter goes to DPC and that triumvirate discovers a proposal violates policy, then it should either be refused a permit or be referred to Council. A prerequisite for going to DPC should be the officer report clearly stating that an application complies with all relevant policies and standards. Jeff Akehurst is personally responsible for the need to clean up the process as its his department and his staff that have granted permits for developments that violate GEPS. Not many of us enjoy being violated by a system that lacks transparency and accountability. Council doesn’t even keep detailed records of who decided what and why.
I interpret Cr Lipshutz’ request to review a Condition at an Assembly of Councillors to be a breach of LGA. There is a planning process for seeking an Amendment to a Permit, and his lobbying on behalf of a developer appears to be an attempt to influence improperly a member of Council staff. I will acknowledge though that Council does at times place ridiculous impositions on the community, such as requiring somebody to rip up a functional crossover to install a brand new concrete one in order to get a Planning Permit. Absolutely shameful.
Community Consultation is close to extinct in Glen Eira, and the latest machinations show why. If you’re going to game the system to get the outcomes you want using spurious criteria to marginalise anybody who disagrees with you, the process is worthless. Council itself is dominated by an unrepresentative “interest group”. Still, I’ll be curious to hear Council’s arguments why people who are uninterested in a topic should be the ones to listen to.
July 19, 2013 at 2:10 PM
In any normal council the position that you want a cross section of people to represent the community would be quite rational and acceptable. In Glen Eira you need to delve deeper and put two and two together to come up with the right four. Good qualified people who take in interest in local government and their communities are ignored in favour of “young”. I”m not sure I even know what that means or if it’s taken to be anyone under 25. Correlate this with the results from the community satisfaction and there’s the answer. The majority of the group that thought council were passable or good were those in this sector of society. My thoughts are that they haven’t been around for long enough to witness the lousy changes under Newton and his gang. They probably play sport so are rapt with constant regrassing of ovals and pavilions. It’s the older generations who have watched their suburbs going to the dogs and the total decrease in services and democratic process that said this council better get its act together.
From this angle it makes perfect sense to stack the community consultation group with “young” ones – they don’t know any better and can so easily be lead by the nose. Of course, this group wouldn’t have any “vested interests” at all according to the Hyams factions.
If everything is supposedly above board then publish the criteria and give fair dinkum reasons for rejecting the people who have already applied. That’s transparency in my book but something totally alien to this council.
July 19, 2013 at 3:59 PM
Lipshutz looking out for his buddies again just like with the frisbees
July 19, 2013 at 7:31 PM
No I believe that was his son
July 19, 2013 at 9:24 PM
Oh yes, the big bang story of Frisbee group led by Lip shut’s family.- Is the group still playing? The grounds have been given to Frisbee at the cost of AJAX. Hyams (the double standard Councillor) and his gang have supported Lip shut to allow Frisbee access to grounds without allocation or insurance. Since last two years Hyams has been seen working very hard for Miller and Southwick and not the residents. Last week’s leader newspaper has shown Miller U turn turn against the residents by supporting Virginia Park development (a new Chadstone). Apparently Miller has asked Hyams to help her in the approval of the development. After the article, Hyams is now finding himself between a rock and a hard place.
Magee has done well in exposing Miller and the slippery Hyams.
July 20, 2013 at 7:24 AM
I am concerned that the CEO has the authority to spend $750,000 without Council approval. Time and time again Council goes to great lengths to explain the need to plan and budget and much needed low cost items such as traffic calming treatments (only 4 per year) or restoration of the Caulfield Park Conservatory ($105,000) are either rationed or delayed.
Yet here we have a significant amount of money that can be spent on something the CEO wants without prior Council approval. To put it in perspective the next GESAC car park expansion ($600k) can just get the go ahead.
While I accept that the CEO should have authority to spend some money without prior approval, it’s the amount that I question. The budget contains a gazillion items of much lesser value – if Council is as good as it claims at budgeting, planning and determining priorities then the CEO should not need this level of unplanned discretionary spending.
July 20, 2013 at 11:51 AM
DPC is the biggest con of people for all time. No up front transparency before or after with no minutes and no accountability for anything they do. That’s after the pow wows with developers for weeks and then in 10 minutes they make a decision. Objectors don’t have a hope mostly. It is an awful way to run planning and nothing is done about it.
July 20, 2013 at 12:45 PM
DPC decisions aren’t even binding on council staff. You can have a member of Council staff argue at VCAT in support of a developer for something that conflicts with DPC’s decision. All done secretly, with no public record as to how the decision was reached or by whom. Council has failed miserably to provide accountability or transparency for the powers, roles, responsibilites and duties that it delegates.
July 20, 2013 at 12:07 PM
C80 is apparently also on the Agenda, proposing to rezone land to zones that no longer exist. Instead of adopting the recommendation, C80 should be thrown out and started again with the new Zones being considered. The fundamental reason for the rezoning was to facilitate higher density residential development and that is not the primary purpose of the new Commercial Zones. There are more appropriate zones, such as Mixed Use Zone or Activity Centre Zone. Commercial Zones should never be used where they abut low-density residential areas. Councillors should at least familiarise themselves with what local content they are permitted to insert in the Schedules to each zone before making a decision, and there is no evidence publicly available that they have done so. The proposal is inconsistent with Council’s use of MUZ elsewhere.
July 20, 2013 at 3:21 PM
Anonymous 3 (Reply) – You say “No I believe that was his son” Is he not his son any more? It was the gang who supported the frisbee group.This was when Tang was the Mayor for two years. Ex Councillor Whiteside revealed to the press how disguested she was with the hidden agendas of the gang and she had enough of them and went to the press. Lipshultz with the backing of the gang hit her back saying that Whiteside was an useless Councillor and was recently found responding rudely to Michael Danby in the Jewish paper which was posted on this forum. How long will this gang keep doing what they are good at?
Why did Hyams wait patiently for his turn to be a Mayor (by the toss of the coin) in 2011/2012?. Was it to use the position to have an advantage during the election last October? He puts on an affable and a pity face to obtain sympathy from people and in that name goes against the residents happy to (MODERATORS: rest of sentence deleted).
July 20, 2013 at 10:11 PM
Community Consultation Committee Minutes – Understand that Newton Gatoff of Bentleigh and some one from Friends of Caulfield have responded to the first advertisement for community representatives. Is Gatoff a favourite of Esakoff and Hyams? To be seen. On the other hand, we have Delahunty (the Chair) and Lobo. This is a suspense like the footy finals. Why does the committee want young people for – to mould, twist and turn to think like them and then convert them to be secretive?
July 21, 2013 at 2:11 PM
Caulfield Racecourse and Delahunty’s confirmation that there is nothing wrong to let the Council know what was discussed in the trustee meetings.. The present three councillors (Hyams Esakoff and Lipshultz) who belong to liberal party, do not share information of the trustee meetings with the council. Their loyalty is obviously to the state liberal government and MRC as the latter gives them many benefits like tickets to the Caulfield cup, grand three course meals etc. They are seen with the other two MP’s i.e. Miller and David who all enjoy the hospitality. A few years ago, Penhalluriack insisted that Tang and Magee to reports the trustee meetings to the council and Tang refused on several occasions and went out from the council as conflict of interest. How on earth this is a conflict of interest? (MODERATORS: sentence deleted)
July 22, 2013 at 8:51 PM
Speaking ofthe racecourse.. just readdetails of access in Glen Eitra Residents’ Handbook….compared to last year… More land grabbing and control… It is an absolute disgrace and would require Eureka again.