PS: An update on this afternoon’s Tucker Ward ‘Meet the Candidates’. Those present were: Magee, Lobo, Taylor, Searle, Brewster, Mackie, De’Arth.
ABSENT: Hyams, Okotel, Bonney, Elliott, Karlik, Cade and Andonopoulos – the last with apology due to family wedding.
We have reported on planning decisions made by these councillors over the past 4 years. (See: https://gleneira.wordpress.com/2016/09/28/for-the-record-2/). This post we concentrate on the area that has bedevilled this council for over a decade – governance and how community aspirations have been continually ignored and/or thwarted.
THE INTRODUCTION OF THE RESIDENTIAL ZONES
Councils had until June 30th 2014 to introduce their individual versions of the new residential zones. Glen Eira was the first, with Guy’s announcement on August 5th 2013 followed by official gazetting on 23rd August 2013. Countless other councils held extensive community consultations. Glen Eira did not. Even those councils which applied for the ‘fast track’ ministerial intervention under Section 20(4) of the Planning and Environment Act, tabled their intentions and the relevant details of the proposed zonings at formal council meetings. This was then voted on by councillors in an open and transparent fashion at their respective council meetings. Thus their citizens could see what was to occur and had the opportunity to at least contact their representatives. Glen Eira did not, thus being the only council in the state which did not provide its residents with any information and any opportunity to voice an opinion. There was no council resolution and no official ratification of anything. Another example of decision making behind closed doors!
Add to this various public questions dating from July 2013 asking when council would begin its community consultations and we find responses that were blatantly untrue and designed to mislead and deceive. There was never any intention to alert the public or consult with them. We know this because as far back as 2009 Akehurst had written an officer’s report that said there would be no community consultation if the zones, as they were proposed in 2008 were ever to come in. We also know that Guy, the department honchos, Hyams, Newton and Akehurst had been busy meeting since at least April 2013 and spending taxpayers’ money on getting legal advice as to how best to thwart any potential legal challenges and, we assume, whether or not a formal resolution had to be tabled at council meetings. The intent was always to avoid public consultation and accountability. We, the residents, were irrelevant to the devious and secret collusion going on between Matthew Guy, the department and council.
The following comes from the documents obtained under FOI and reveals the full treachery that all the present councillors allowed to occur and some positively encouraged –
NOTICE OF MOTION & PUBLIC QUESTIONS
Notice of motion is an essential element of good governance and community representation since it allows a councillor (once seconded by another councillor) to have an item placed on the agenda for full and open debate and decision. Glen Eira is the only council in the state that has repeatedly refused to grant this right to councillors – and therefore residents who request a councillor to initiate some action on an issue. It has come up at least twice in the past 4 years and been defeated by the conservative faction led by Hyams, Esakoff, Okotel and Lipshutz.
Adding insult to injury, the recent changes to the public question format means that unless the questioner is present in chamber the response will not be recorded in the official minutes. The result? No public record that will provide interested residents with any idea of what council’s position is and what the issues that concern some residents are. With no public record there is no accountability and certainly no transparency.
Those councillors who vetoed these democratic rights are: LIPSHUTZ, HYAMS, ESAKOFF, PILLING & HO
GUNS IN THE PARK
Readers will remember the furore created by this secret (and potentially illegal) in camera vote that permitted private security guards to carry guns in local parks. Those responsible for keeping this secret and deciding that this was in the best interests of the entire community were – PILLING, ESAKOFF, HYAMS, LIPSHUTZ, OKOTEL, MAGEE
FROGMORE
When Council had the opportunity to proceed to a Panel Hearing over the application to build a Jewish Care aged care home at Frogmore, the proposed heritage amendment was abandoned. This meant that the developer moved in overnight and demolished the building and removed nearly 90 trees – 4 of which were categorised as ‘significant’. Over 1000 signatures on a petition had requested council to implement heritage protection and another 200+ submissions had gone in anticipating a formal panel hearing where residents would get the opportunity to have their say and to present their well researched evidence. Esakoff and Delahunty conveniently declared a ‘conflict of interest’ and Magee was absent. Pilling used his casting vote to ensure that Frogmore was no more. Those who voted against going to the panel were: PILLING, HYAMS, LIPSHUTZ. Thus 3 councillors (a minority) thwarted the stated wishes of over a 1000 residents!
CONSERVATORY
Two expensive community consultations, plus several council resolutions, made it clear that the conservatory at Caulfield Park be maintained and restored. Not satisfied with the results, there was another go to get rid of the building. This time it worked. Those councillors who ignored community views, their own previous resolutions and succeeded in removing the structure were: HYAMS, LIPSHUTZ, ESAKOFF, DELAHUNTY, PILLING
CONCLUSION
These examples are only some of the outrages that have occurred during this council’s term of office. If residents want more of the same, if they want to be continually ignored and told fairy tales, if they want more internal strife and division, then they should retain the incumbents. However, if residents feel that Glen Eira must change and improve their overall performance in so many areas, then these sitting councillors have to go. Most of them have been there for 8 years. They have achieved very little except to alienate countless residents, each other, and cost ratepayers a fortune in legal fees – which by the way is far from over given this statement from the 2015/16 Annual Report just published –
Contingent liabilities
(a) Arising from legal matters
Council is presently involved in several confidential legal matters, which are being conducted through Council’s solicitors.
As these matters are yet to be finalised and the financial outcomes are unable to be reliably estimated, no allowance for these contingencies has been made in the Financial Report. (page 214)
Open and transparent governance is dead in Glen Eira thanks to those councillors named above. Glen Eira desperately needs new councillors who put community, honesty and fiscal responsibility first!
Glen Eira Debates 
October 8, 2016 at 8:09 PM
Guns in our parks, especially held by private and unaccountable security groups, is an appalling decision and I will NOT stand for it. I’m going to try to get this reversed – whether elected or not.
October 8, 2016 at 10:47 PM
Worst part was that decision was made without Council checking the facts.
No need to get Council to reverse it’s decision.
Fact is Council never had the authority to make the decision ergo the decision is null and void.
October 9, 2016 at 2:07 PM
If a private security guard is carrying a loaded firearm it is reasonable to call the police and get the authority of the guard to carry that gun checked. If the police say it is OK then it is OK. If the police say it is being carried illegally then the person will be charged. Pretty simple. It is noted that Dan Sztrajt is claiming to be an expert on security. Be good to get his ideas on private security guards carrying guns.
October 8, 2016 at 8:29 PM
Did we get a better deal by signing first as Hyams and Pilling continually state we did?
October 8, 2016 at 10:18 PM
Dismal record for Hyams Okotel Pilling. They belong back in the 18 century where the public were peasants and the blue bloods ruled he roost. Out with them
October 9, 2016 at 12:43 PM
The same names pop up time and time again. That says it all about what these people stand for.
October 9, 2016 at 9:35 PM
Magee admitted this arvo that he and council made an error with the zones for East Bentleigh. That’s because he was electioneering and had an audience. In council according to this site all he says is “it’s your planning scheme” and we gave people what they wanted. Jimbo, you can’t have it both ways. Either you stuffed up good and proper from the start or what you’re saying now is total, unadulterated crap designed to get you some votes. I hope voters can see through your bullshit.
October 9, 2016 at 10:13 PM
Jims very adroit and saying one thing than another, it doesn’t trouble him.
Like almost, if not all the councillors they never looks back. If Jim is voted in again, he would be right back there as before as the bureaucrats right-hand man, “yes sir, yes sir” three bags full sir” is written in tiny, tiny, weenie print across Jim’s forehead, look close enough, you’ll see it.
October 9, 2016 at 10:40 PM
You’ve left out tree protection. From memory the same people against this – Hyams, Lipshutz, Esakoff, Okotel, blah blah.
October 10, 2016 at 8:54 AM
Hey, please don’t forget they all voted to chop 100 trees out of Centenary Park to extend the car park. This was pure environmental vandalism, as they could have had everything they wanted and as well as keeping the trees.
Magee, Hyams, Pilling all said it was a great step forwards. Delahunty said it was patch of worthless scrub, Sounness said he couldn’t mount a single argument for keeping the trees, a living disgrace for a Greens Councillor.
But this is how they think and vote. They are all too cowardly to oppose the bureaucrats.
October 10, 2016 at 9:51 AM
If there are any new incoming Councillors, they better be careful how they perform as their chairs are contaminated and beyond repair. Last afternoon Magee was searching for words and proved that he is a doh doh doctor and expects to win at the cost of Bonney, O’Kotell and Andanapoulous. Is he still in the labor party or flirting in between? Souness plays politics on hehalf
of his make shift Green policy, Pilling and Esakoff (who are one of the major parties to destroy Carnegie) does not care a damn as can be seen at the number of times she leaves the chambers stating that she has conflict of interests in owning several properties in Glen Eira. Self interest above residential interest. Why be in Council over 20 years and done
do nothing and backed the zones which she
has approved. Esakoff out Don Dunstan in.
unless people want to see her destroying Glen Eira. Question: Why has she moved from Rosstown to Camden? Once she had a fair liking and not anymore.
Don knows the history of who is who in the Council for the last 25 years. He has great suggestions and his smile can be killing.
October 10, 2016 at 10:59 AM
Don is Liberal Party through and through and I wouldn’t expected he would deviate more than a few degrees left or right from what the bureaucrats propose.
However you are correct any change from Hyams, Magee and Lobo in Tucker would be a good start. If Dustan get elected and subsequently fails to represent the residents, vote him out in the next election and have another go.
October 10, 2016 at 11:18 AM
No, the arguments provided against a tree register were:
1. there is already enough protection via the planning scheme to stop moonscaping
2. private land is private and should be up to the owner to decide what he wants to do with his land – and that includes removing trees
October 10, 2016 at 12:06 PM
You’ve left out the third part of the argument. ie.
3. Council determines what happens to trees on public land (eg. parks and streets) and therefore no protection is required for them.
Also missing is information on the content of the planning provisions.
Planning provisions only apply if
. the significant vegetation is listed on a tree register
. penalties are only applicable if the trees are removed less than 12 months before a planning permit application is lodged.
Explains why you are now seeing houses left intact (able to rent them out) while the garden area is decimated.
October 10, 2016 at 1:44 PM
Do we know who voted to have the tree register that Council’s approval was needed to remove from people’s property? Only those nutcases will approve such requests. Next time they will propose a register to approve marriages of our childrenvincluding gay marriages which is none of Council’s bloody business.
October 10, 2016 at 3:16 PM
Dunstan is a perenial candidate with tons of baggage.
He will never get onto the Council. Nor should he.
October 10, 2016 at 10:46 AM
Hi Anonymous 7 – the Councillors who voted to destroy the 100 odd trees when Maggee was a blah blah mayor, did want to have tree protection register for trees in our front and backyards whereas no tree protection/consultation for Council’s trees! A very idiotic and bullish decision
October 10, 2016 at 12:28 PM
I see this website is described by Jamie on the Residents Action Group facebook page as “full of bile and misinformation”.
Truly remarkable allegations since
1. More and more info is being leaked from the O’Brien Report re Hyams’s appalling behaviour, anger management issues (eg. F*ckwit incident) and vengeful tactics.
2. He actually presents the same Council doctored bar chart that was included in the infamous 11c Flyer (October, 2015). “We only changed the headings and removed some of the bars to enhance it” (ie. make the our picture look more favourable)
The man must be getting more and more desperate as election day approaches. Keep up the pressure folks, he should not be re-elected!!!
October 10, 2016 at 3:27 PM
11 cent flyer cost thousands. They lied then and Hyams repeats the lie. Yup, he’s desperate.
October 10, 2016 at 7:50 PM
Yippeee. Last council meeting for Lipshutz and with some luck Pilling Hyams Esakoff Ho Magee.
October 10, 2016 at 10:57 PM
Give you a heads up.
7 Councillors will give nauseating speeches about the Lips excellent service and how his service has made Glen Eira a better place and all, except for his cohorts (Easkoff and Hyams), will be uttering bullshit.
The two Councillors not praising the Lip will be the man himself and his No. 1 whipping boy, Lobo. But for the first time since elected in 2005, the Lip will show some humility.
Despite a decided belief that the Lip always knew better than the residents, he shows previously undisplayed acumen by deciding not to stand. For that I thank him.
October 10, 2016 at 9:34 PM
When I was asked by a younger resident about the Council elections, my advice was not to vote for the incumbents based on their poor performance. The process by which the new residential zones were imposed was especially egregious. There was no request from Council for the use of S20(4). DELWP minuted a meeting where it was made clear that the request did not come from Council but some councillors. The legal advice that DELWP refuses to release was to the effect that a resolution of Council wasn’t needed for the Minister to amend the Scheme. Matthew Guy maintained the legal fiction that he prepared the Amendment, whereas the work was really done by Council staff without delegated authority but with the approval of Cr Hyams as Mayor. Sadly it’s fair to say nobody in government circles gives a shit about integrity, compliance, governance.