Ratepayers had better prepare themselves for humungous legal costs, on top of what has already been forked out, if our assumptions are correct. Today’s agenda features the monthly ‘financial report’. Unlike previous versions, the notation about ‘mediation’ with Hansen Yuncken set down for 14th February is no longer present. Add to this the in camera item about ‘legal advice’ and the GESAC construction contract, and we would bet our socks that mediation has failed and that we’re now all heading for a major court case. Lawyers are laughing their heads off at their windfall no doubt.
When this is seen in conjunction with the Duncan Mackinnon Maxstra contract and the mega bucks already spent on pursuing Penhalluriack, then real questions need to be asked about the way that this administration does business.
On wastage of public monies, it looks like there could be a repeat of the ‘try, try again’ farce that has occurred with the Caulfield Park conservatory. Readers will remember the three time attempt at public consultation over cafes in the park versus restoration. Now the Booran Road Reservoir is up for the same treatment judging by this little sentence buried in the Records of Assembly –
Former Glen Huntly Reservoir – Councillors asked that a second option involving passive and active use and not just passive use be prepared for public consultation
We simply ask: how much did the original ‘concept plans’ cost? How much did the ‘consultation cost’? And why can’t this council accept the over-riding public response that the vast majority of residents opted for PASSIVE space?
There’s also the tacit admission of a major planning stuff up due to the ungodly haste in ramming through as quickly as possible the Residential Zones. One application asks for a 4 storey development for a school – in other words coming under the ‘non-residential uses in residential areas’. The officer’s comments are illuminating –
A height of 13.9m is proposed with a 2.1m plant/lift overrun screening above. The school is located within the General Residential Zone Schedule 2 where a 10.5m height limit is imposed to residential buildings and dwellings only. As the proposal is non-residential, this height limit does not apply. Council recently agreed to review the Non-Residential Uses in Residential Zones Policy such that the height applicable to residential uses carries across to non-residential uses. This revised policy intention has no status at this time.
Last but not least, we have the full text of the Lipshutz Right of Reply. Such a pity that on other countless issues, the voices of residents remain muted, unacknowledged, and ignored!
Shortly prior to Christmas last year I saw a flyer from the Friends of Caulfield Park which described the Council contractors removing trees from Caulfield Park as “storm troopers”. I full well appreciate the passion some have in relation to Park and the issue of Council’s actions but the term “storm troopers” went beyond the pale.
Melbourne is the home to the largest number of Holocaust survivors per capita outside Israel and the vast majority of Jews in Melbourne are either Holocaust survivors or children and grandchildren of Holocaust survivors. Accordingly to equate Council’s actions with the actions of Storm troopers was highly offensive.
While the expression storm troopers has been used in the Star Wars movies I suggest that the FOCP were not using that analogy but clearly equating the actions of the Council with the actions of Nazi storm troopers.
I am former President of the Jewish Community Council of Victoria and former Chairman of the Anti-Defamation Commission I have perhaps by that reason a fairly prominent profile in the Jewish Community. As such I received over 40 phone calls from people who effectively said that they were offended by what had been written. Many others approached me at Synagogue and other places making similar comment. When I returned home from overseas in January there were also voice messages making similar comment. One elderly lady asked me if FOCP really knew what storm troopers were and how they acted. She was a Holocaust survivor a person who had first hand experience.
I do not say for an instance that the authors of the flyer are anti-Semitic and I do not make any accusation as to racism; indeed knowing some of the people at FOCP I believe that the words used were rather an expression of their passion. Nevertheless the words used were insensitive given the connotation of storm troopers with Nazi Germany. The expression used was clearly over the top and indeed I believe was counter-productive.
Councillors unanimously agreed to proceed with the upgrade of Caulfield Park. We listened to representatives of FOCP and we questioned and queried Officers before proceeding. Council did nothing by stealth.
Those that oppose Council’s actions have every right in our democratic and free society to make their views known, however to describe Council contractors as storm troopers was excessive in the extreme.
In my experience in public life, going beyond my years on Council I have seen that most people who are able to present a reasoned, intelligent and unemotional argument bereft of abuse will be listened to. To exaggerate however and suggest that Councillors are stupid or are in the pocket It (sic) of Council officers doing their bidding as if puppets is not likely to endear themselves or win any argument. Similarly to describe Council contractors as storm troopers full well knowing the connotation that expression raises is either obtuse or thoughtless.
While no doubt there are some Jews who would not find that comment offensive there are many that have and it is therefore appropriate for the authors to apologise and retract that offensive innuendo.
February 21, 2014 at 4:04 PM
You really have to wonder about Lipshutz – “reasoned, intelligent and unemotional argument bereft of abuse will be listened to”.
Before penning the above RoR he should have read Council’s responses to the Friends of Caulfield Park.
February 22, 2014 at 7:22 AM
Oh poor Lipshutz the saint is offended, is this the same man that has hurled abuse at residents for years?
February 21, 2014 at 4:20 PM
Cr Lobo, will not set back and let Lipshutz Right of Reply to go unchallenged. Lipshuts has no right to bully the friends of Caulfield Park.
March 10, 2014 at 7:58 PM
I gather from the (MODERATORS: phrase deleted) that this is “Captain” Lobo commenting on himself again.
February 21, 2014 at 4:38 PM
Further to our comment regarding the shenanigans over the Duncan Mackinnon pavilion, there is this item (in very small print) hidden away in the minutiae of the Quarterly Report – “Council decided to take the remaining work out of the hands of the builder. The remaining works are to be re-tendered and completion will be significantly delayed”.
Why no public statement can be made as to what the implications are for ratepayers in terms of potential legal action, costs, time delays and other assorted questions is typical of the secrecy that characterises governance at this council. The poor souls who use Duncan Mackinnon at least should get an explanation of why the first tendering process took forever and how long before they can use the 10 million dollar development. What started out as a 5 million dollar project has now doubled and that is without taking into account legal costs, loss of trees, and pouring more and more concrete into a park – ie loss of open space!
February 21, 2014 at 7:45 PM
yes and it is something athletics didnt even want in the first place. Facility fine the way it was.
February 21, 2014 at 5:13 PM
As per the Draft Open Space Strategy, Council counts pavillions and carparks as open space. Even the Council depot, to which unauthorised access is prohibited, is classed “open space”. Trees in a park are sooooo 19th-century. It still comes as a surprise that Council labels those of us who have lobbied for the retention of trees elitist. It was Council’s own documents that said over 50% of all open space in the municipality is for active recreation [sport]. That minority is certainly much better catered for than those seeking passive recreation as a respite from multi-unit development.
February 21, 2014 at 8:19 PM
It’s a fudged percentage, the real is more like 75% sporting layout, and passive 25%
February 21, 2014 at 10:07 PM
It is also interesting to note although Council has always proclaimed it excludes pavilions and car parks from estimates of open space, it quietly changed the definition of open space this time round to include them.
Whats equally amazing is that the foregone conclusion of formal approval of the draft strategy has yet to occur – not even in this current meeting.
Only about 7 residents (vs 15 staff/councillors/consultants) showed up to either consultation – normally Council spin would describe this as a show of faith in Council by the residents. This hasn’t happened this time. I’m hoping like hell its because Councillors are beginning to ask why residents are so disinterested – but I doubt it and therefore fear what is “afoot”
February 22, 2014 at 12:48 PM
It always amazes me how few residents are interested in issues that does not affect them directly or if they are not organised. Of course if you organise yourself then you will be lambasted at the Council by either the administration or Councillors. That’s like that for more than a decade.
February 21, 2014 at 5:38 PM
Smirk, smirk, smirk. For someone who claims not to ever look at this blog then many of this councillor’s statements just happen to be poor attempts to answer some of the criticisms that were made on comments from an earlier posting.
February 21, 2014 at 6:43 PM
Now that Council has chosen to publish Cr Lipshutz’ ill-considered statement concerning an FoCP flyer and has erroneously tagged it as Right of Reply under s238 of Local Law, it is appropriate to criticise Council for this latest abuse. As a careful reading of Cr Lipshutz’ statement shows, it doesn’t meet the requirements for Right to make a Statement. At no point does he allege the subject comments were made about him, a key requirement of s238(1). He also makes the reckless, and inaccurate, claim that the FoCP flyer described Council contractors removing trees as “stormtroopers”. What it actually expressed was that they were gathered like storm troopers, which is very different.
The origin of the term storm troopers goes back to the trench warfare of World War I, which predates the formation of the Nazi party by many years. The protagonists each developed specialised tactics to infiltrate the other’s trenches using troops specially trained in those tactics. Back then, people were shot, killed, maimed, gassed, traumatised, regardless of religion. Many of us have ancestors and relatives involved in that conflict.
There’s another, more troubling, aspect to this latest councillor outburst, which is the deadening effect on democratic life of constantly criticising anybody who may offend somebody somewhere. Council simply wouldn’t be able to function, or at least not publish Minutes, if all offence is to be avoided. Thank [insert favourite monotheist divinity here] for comedians.
February 21, 2014 at 10:22 PM
Shock, horror and gasp!!!!!
You mean the longest serving Chair and member of the Local Law Committee doesn’t have a frigging clue about the Local Law.
February 21, 2014 at 8:24 PM
Let Lipshutz show the evidence, not just “oh people called me, or I meet a few people at the Gog, that said.
The man is not beyond beating up the whole episode, to boast his private fantasies.
February 21, 2014 at 11:29 PM
Reckon a coupla million has been blown on lawyers and concrete slabs in parks. That dough coulda been used to get outa the 8.4% noose on borrowing 25 million that these idiots signed up to with their fixed long term loan for energy guzzling and polluting gesac. For this great decision and vision Newton gets his contract again and another pay hike to boot. In private industry he’d be out on his arse quick smart.
February 22, 2014 at 10:27 AM
Several things in this month’s agenda irk me considerably. There’s another example of poor strategic planning when it’s only now dawned on planners that there are countless loopholes in the rushed through amendment that are capable of being fully exploited. We will find plenty more no doubt and have to wait for amendment after amendment to correct what should never have been allowed to occur and in the meantime developers will have countless opportunities to cement their advantage.
The Booran reservoir is another example of refusing to accept residents’ views. No matter what the public expense might be attempts will be made again and again to come up with the decision that will suit Maccabi and other sporting groups.
February 22, 2014 at 11:28 AM
Amongst the various Minutes of Assembly of Councillors is one dated 10 December 2013—10 weeks ago. I wonder what excuses will be provided as to why it wasn’t practicable to report the written record at the previous Council meeting. Not that the Minutes are very informative—28 Jan 2014 Assembly doesn’t say which councillors requested a second option involving active use for the Reservoir site or why previous consultation was being rejected.
February 22, 2014 at 4:33 PM
FYI – GERA has posted a summary of the history behind C60 and the many governance issues which have plagued this process.
See: http://geresidents.wordpress.com