Neil Pilling has highlighted another important item on Tuesday night’s agenda (9.3) – the call for Expressions of Interest to convert the conservatory at Caulfield Park into an 80 seat café/restaurant. We applaud Cr. Pilling for his stance that instead of wasting more money on such EOI processes, the funds would be better spent on actually fixing and conserving the building!

The current state of the conservatory requires full investigation and answers to these questions:

  • Why has this important historical building been allowed to deteriorate to the extent that it has? Why have priorities been  given to ‘concrete plinthing’ ahead of preservation?
  • How many more times will the old and spurious argument that something will cost too much to renovate/develop/preserve, so let’s get rid of it, be used to justify a pre-planned agenda – ie. swimming pools, maternal centres, libraries, etc. etc.?
  • Why is ‘consultation’ following the call for ‘expressions of interest’ and not the other way around? Previous ‘consultation’ (ie survey) is now obsolete, skewed, and irrelevant – especially since no real proposal was featured in this ‘survey’.
  • How does this support the already existing businesses in the area?
  • What environmental and social impact will this have on the park and its surrounds?
  • How much open space will be lost?
  • Can the area accommodate more parking?
  • What happens if there are no bona fide EOIs? Will council allow this site to simply perish?

Kennett in  beyondblue bully probe

Melissa Fyfe and Jill Stark

October 9, 2011

BEYONDBLUE’S former chief executive Dawn O’Neil made a written complaint of  bullying against the national depression initiative’s chairman, Jeff Kennett,  and later resigned when the board stood by the former Victorian premier.

The Sunday Age has been told Ms O’Neil, who left beyondblue  last  month after only nine months,  wrote to Mr Kennett in August complaining she  felt bullied and undermined by him. The details of the letter are unknown, but  she told close associates the chairman’s behaviour included ”ranting,  name-calling and [using] abusive language”.

Ms O’Neil, a member of the Order of Australia and former head of Lifeline,  has declined to comment on her resignation.Mr Kennett referred the bullying complaint to the beyondblue board, which  appointed a senior Melbourne barrister to investigate the allegations. The  investigation found the claims were unsubstantiated, and the board – which  includes former New South Wales premier Morris Iemma, retired Democrats senator  Natasha Stott Despoja and former Australian Capital Territory chief minister  Kate Carnell – stood behind its chairman.

The revelations come as Mr Kennett is up for re-election at beyondblue’s general meeting next week. It is unknown whether  he  will stand, but he retains the support of many.

”He’s a passionate and very vocal supporter of beyondblue and its  programs,” Mr Iemma said. ”I don’t have any concerns about the organisation at  all. It is a very well run organisation.”

Mr Kennett did not return The Sunday Age’s calls and beyondblue declined to comment on the latest developments.

Federal Mental Health Minister Mark Butler has asked the nation’s chief  medical officer, Professor Chris Baggoley, Canberra’s representative on  beyondblue’s board, to seek a briefing on the charity’s internal staffing issues  at the meeting, following concerns raised by several mental health  professionals.

It is believed that as beyondblue’s major funding partners, the federal and  Victorian governments each have seven votes on board reappointments, while other  state and territory members and the remaining eight board members have one  each.

The relationship between Mr Kennett and the former chief executive had soured  over several months, with Ms O’Neil feeling repeatedly undermined and unable to  carry out her job due to the chairman’s interference.

While she chose not to resign immediately after the board’s investigation  into her  claim, the rift between her and Mr Kennett  worsened  soon after, when  he promoted a staff member against her wishes.

The relationship appears to have broken down completely after Mr Kennett  wrote in his regular Herald Sun column on September 9  that the best  environment for the mental health of a child is a ”stable, loving environment  in which a male and female are married to each other”.

The column sparked a furore in the gay and lesbian community and embarrassed  major sponsor Movember, which provided more than $10 million to beyondblue last  year.

Ms O’Neil distanced the organisation from her chairman’s comments, issuing a  statement on the beyondblue website that said there was no evidence parents’  gender had an effect on children’s mental health. She tendered her resignation  on September 16 and left the organisation two weeks later.

The Sunday Age believes  Ms O’Neil was aware of Mr Kennett’s  reputation for being heavily involved in the operational side of the  organisation before she was appointed, but accepted the role with the  understanding he would step down by the end of this year. Mr Kennett had told  the media last year that he intended to retire at the end of 2010.

After seven years under the stewardship of chief executive Leonie Young, who  was close to Mr Kennett, Ms O’Neil’s arrival at beyondblue was welcomed within  and outside the organisation as a fresh perspective. But sources say she soon  felt undermined, especially by Mr Kennett’s refusal to warn her of the content  of his often controversial newspaper column, even when he was speaking on behalf  of the charity.

Mr Kennett had previously upset mental health experts with his comments  against changes that tackle problem gambling and has declined to resign from   his directorship of a company that services poker machines.

Mental Health Minister Mark Butler told The Sunday Age Commonwealth  funding – $9 million last year – required beyondblue to be governed  appropriately but Canberra ”could not supervise the internal affairs of an  organisation like beyondblue in the same way it would a Commonwealth  agency”.

Nevertheless, concerns had been raised with him about an internal staff  survey – commissioned by Ms O’Neil in January – in which beyondblue scored  poorly on key values such as morale, leadership and integrity.

Mr Butler has asked Professor Baggoley to seek a full report on ”internal  staffing matters” at the beyondblue AGM.

 

There are definitely very strange goings on in the Assembly of Councillors. We highlight only a handful:

  1. Meeting of 13th September
  • Tang arrived nearly two hours late
  • Various officers’ reports which haven’t been tabled in council meetings
  • Fiddling with the previous minutes (again) – Hyams’ suggestions mostly. One especially interesting one concerns an ‘Occupational Health & Safety’ (bullying?) where the previous ‘record’ had simply stated that Penhalluriack left the room. Hyams’ wanted this altered to Penhalluriack declaring a conflict of interest and then leaving.
  • 4 of the 6 officers walk out when an OH & S issue is being discussed. Later another one leaves. Bladder problems really strike at this point and the comings and goings are like a revolving door. Interestingly, no-one declared a conflict of interest!

2.      Meeting of 20th September

  • Tang’s there on time!
  • Again, when OH & S is discussed all but one officer leave the room. No declaration of conflict of interest.

3.    Meeting of 27th September

  • GESAC basketball discussions get an ‘update’ from Hyams
  • Forge mentions council ‘representation’ at a Department Planning Review Meeting
  • Again 4 officers walk out (2 remain) when the OH & S issue comes up. No conflict of interest declared.
  • Regulations for Local Government Act discussed. These regulations contain information on registers of interests and council and special committees.
  • There is then discussion on Special Committee and again OH & S

COMMENTS

After nearly 4 months, and a Request for a Report, nothing has yet appeared before council on the GESAC basketball allocations – yet the Warriors website continues to splash the council logo!!!

Council’s submission (reported in the Melbourne Bayside Leader) has yet to make it into the public domain and to be presented at a full council meeting. According to this newspaper it appears as if Esakoff signed off (as she did with the VEAC submission) rather than the CEO.

Obviously the Special Committee was discussed and set up in secret. No minutes as yet, no delegations as yet, and no terms of reference have been made public. Nor any reason provided as to why Penhalluriack is not a member of this committee!

OH & S features regularly. One strange sentence in these documents was the linking of OH& S AND ‘APPRAISAL matters’. Appraisal of what and whom, we ask? And why should these two items be linked?

Our conclusion – what a strange, strange council we have!

An alarming new trend in Council decision making has become increasingly obvious over the past few months. Major issues are suddenly not being handled by full council but are introduced, discussed, and deliberated upon through the secret and unaccountable advisory committees! Even worse, is that Officer’s reports presented to these committees never see the light of day! Apart from the Environment Committee, none have external representation, agendas aren’t published beforehand, and the public are definitely not invited. This is again highlighted in the agenda for Tuesday night’s council meeting.

It strikes us as strange that important Planning Scheme matters such as ‘impervious surfaces’, ‘Open space strategy’, ‘Environmentally Sound Design’ should be relegated to the Environment Committee alone and not full council so that proper debate, motions, resolutions and most importantly, officers’ reports are available for public scrutiny. We present the following
extracts from the Environment Committee ‘minutes’ and direct readers attention to:

  • Reports are to come back to the Committee, not council
  • Presentations are to the Committee alone. Why not to the public as well?
  • Note the failure to (include the) answer CL’s query on C60!
  • Note the dampeners always seem to come from Officers!

We do however acknowledge the efforts made by Cr. Pilling in relation to these issues!

“Open Space Strategy

Cr Pilling noted that Council had endorsed the Committee recommendation to consider a report on this matter.

CL (resident) sought information on population growth and enquired if the impact of the proposed Caulfield development had
been considered.

Action: Officers will enquire as to progress on preparing the report with the relevant Director and advise the Committee. Officers will provide the Committee with Glen Eira’s latest population projections. 

9.0 Sustainable Design in Planning Process

Cr Pilling suggested that a broader approach is needed to be in step with surrounding Councils who have already implemented some form of voluntary ESD requirements in their planning processes.

RR (resident) circulated a separate report on the matter.

The Chair acknowledged the challenges of using what is currently a voluntary scheme noting that having adequate provisions in the state policy section of the Planning Scheme would be far more effective as it would be enforceable.

DAF (Peter Waite: officer) noted there had historically been some concern in the community over councils using the planning application process to introduce matters outside of the scope of the Planning Scheme.

 JG (resident) stated that the introduction of a voluntary scheme would provide relevant information to developers which may not be readily available and developers could promote the ESD benefits at the point of sale.

Cr Pilling felt that as most neighbouring councils where using STEPs, Council should also.

Councillors carried unanimously the following recommendation to Council (moved by Cr Pilling, seconded by Cr Tang)

Action: Officers will invite a representative from a council that has recently introduced ESD controls (within last five years e.g. Boroondara, Bayside) to address the Committee at the next meeting. Officers will seek to provide further information to the next meeting about the effectiveness of voluntary ESD schemes at other
councils.
 

COMMUNITY PLAN & ENGAGEMENT STRATEGY  

This is another example where major decisions have primarily been channelled through a committee. Residents have not seen any of the public submissions, nor the rationale for the selection of community reps on the Steering Committee. Worse still is the proposed timeline and terms of reference for this latter committee. No mention of voting rights, community reps outnumbered by councillors, and inexplicably, the committee will CEASE IN FEBRUARY 2012 (unless reinvigorated by council) when the overall consultation proposals are still ongoing – especially the first draft, review, and dissemination. Further, there is no plan to include community reps on the Consultation Committee!

The terms of reference for both are:

“Community Consultation Committee Terms of Reference

Role of the Committee

The role and function of the Advisory Committee is to act as a steering committee to assist Council by providing recommendations in relation to reviewing, improving and broadening the ways Council consults with all residents, ratepayers and other stakeholders to ensure maximum participation, communication and value to the community.

Membership

Council will appoint members on an annual basis. The Advisory Committee will comprise:

Four Councillors
(including Chairperson)

Mayor – ex-officio

Meetings

Meetings shall be held at least four times annually.

Reporting

Advisory Committee recommendations will be submitted to the next appropriate Ordinary Council Meeting for determination.

Community Plan Steering Committee

A steering committee shall be established to oversee the development of a new Community Plan consisting of the Community Consultation Committee and representation of up to three external members.

Sunset Clause

Unless extended by Council Resolution, this advisory committee shall cease to exist on 28 February 2012.”

Last but not least, there is the NON APPEARANCE of the minutes of the Special Committee regarding CEO reappointment. For a 3 minute meeting, it shouldn’t take this long to put up some palty minutes! But even stranger is the fact that the entire AGENDA for this meeting has now disappeared from the Council website. It seems that this no longer exists!

Once again we’re grateful to one of our readers who has alerted us to the following. The sublime irony of course is that councils such as this (and Glen Eira one would suspect) are desperate to be officially installed as the ‘third tier of government”.

Councils in confidence

By ABC’s      Ryan Sheales

Updated          October 06, 2011 15:29:42

It seems counter-intuitive.

At Parliament House in Canberra, taxpayer-funded staff film the deliberations of the both houses (and their various committees) and distribute the recordings to hungry journalists. Reporters are largely free to roam the halls, crossing paths with MPs and staffers.

A similarly relaxed environment exists at the Victorian Parliament, where journalists are also allowed free rein, can dine at the parliament’s eatery and film and record the Legislative Assembly and Council.

In each place, a set of guidelines exist so the media don’t get in the way, but access is generally unencumbered.

But it seems these liberties don’t extend to Australia’s lowest level of government.

Not if this reporter’s experiences at the Casey Council this week are any guide.

I visited Melbourne’s largest council, to the city’s south-east, to report on a heated local debate about whether the city’s veteran CEO should have his contract extended without the position being advertised.

I spoke to the council’s media liaison officer earlier in the day and as a courtesy (or so I thought) told her I’d be attending that night’s meeting with a camera crew.

An email soon appeared in my inbox.

In relation to your request to film, Casey’s Local Law states that … any application for … consent [to film] a Meeting must be made, in writing, at least twenty-four hours prior to the meeting to which the application applies.

Accepting this, we arrived an hour prior to the meeting to film the empty meeting chamber, but our camera was barred entry from the entire building.

Two, uniformed ‘Local Law Officers’ politely but firmly enforced this restriction.

The pair preceded to watch me for the duration of the council meeting, at one stage summoning me into the hallway to enquire if I’d been taking photos or making recordings on my mobile phone.

(For the record, I had taken some photos on my phone and the officer watched as I followed his request for it to be deleted.)

Similar restrictions are in place at other Victorian councils, though some do welcome and encourage media coverage.

The local government sector in Victoria employs about 42,500 people and spends roughly $6.1 billion of residents’ money each year.

The reality is that most ratepayers don’t attend council meetings.

If they’re to have any confidence that money is being spent wisely, it has to come through the media’s access and scrutiny of events.

If it’s good enough for state and federal parliaments to run an open-shop, why isn’t it good enough for some councils?

Ryan Sheales is an ABC journalist and former Victorian State Political Reporter.    First posted          October 06, 2011 12:51:05

Last night’s Special Committee meeting was arguably the lowest ethical point in the history of this Council. Following the formation of this secret Committee (and the failure to record this in official minutes, nor to undertake adequate,widespread advertising) the committee outdid itself in refusing to grant Cr Penhalluriack permission to speak – twice!

Penhalluriack sat in the gallery, thereby providing concrete evidence that he has been excluded from this Special Committee. Twice he requested permission to address council and twice this was refused. Given that it is the Mayor’s prerogative to allow anyone to address any council meeting, such a decision is abhorrent to all residents concerned about democratic principles of transparency, accountability and open government.

The gallery was asked to leave so that the entire proceedings could occur in camera – that is, in secret, away from public gaze, and with no expectation that anything will be reported in the minutes.

On another issue, we recommend that residents look at the published agendaand note that the specific reason why the meeting was not to be public has not been declared as required under the Local Government Act. With three lawyers on council, a corporate counsel with a budget of over $1.3 million, one is entitled to start asking questions about the legal processes, and prowess of these legal eagles!

To quote Andrew Bolt, free speech was assassinated last night in a performance that will go down in history as the antithesis of what good governance is all about.

The Melbourne Racing Club wishes to keep you fully informed of short-term road closures during the upcoming 2011 Caulfield Spring Carnival. The road closures are required to ensure the safe entry of patrons into the racecourse and have been formulated in conjunction with Victoria Police, local authorities and specialist traffic management consultants as part of an overall traffic management plan.

We have included a Residents Pass to allow access to your street should you encounter a traffic controller on the day. To assist in the implementation of the plan it is advised that residents of Hudson St, Payne St, Eskdale Rd, Newington Gve and Redan Rd avoid using Glen Eira Road to return to their homes after 2.30pm.

The traffic management plan will be in effect on Caulfield Guineas Day 8th October, 2011and Caulfield Cup Day 15th October, 2011. In summary, please note the following changes to normal conditions:

• Normanby Road will be closed to all traffic between Smith Stand Queens Avenue from 8:00am on both Saturdays.

• No entry is permitted into Bond Street from Balaclava Road or HejLWDOdStreet from Normanby Road during the event except for residents.

• Entry to Payne Street is only via Kambrook Road and some delays may be experienced due to the increased traffic volumes on Glen Eira Road.

• Traffic in Bond St& Heywood St will be one way only and exit will be to Normanby Road or Balaclava Road at any time.

• Entryinto Bond Stand Heywood St,south of Members Drive, is permitted from Station St between 6.00am and 10.30am and thereafter only from Members drive which is accessible from Kambrook Road. Please note that access into Members Drive will require you to display a Members Car Pass(Pass included for Bond S & Heywood St Residents).

• The following streets will be closed to traffic:

Eskdale Road, Newington Grove and Hudson Street at Kambrook Road; and Wyuna Road at Redan Road. Entry for residents will be via Bambra Road Only

The following streets will be closed to non-residents:

Payne Street at Kambrook Road;

Bowles Avenue at Redan Road; and

Eskdale Road and Hudson Street at Bambra Road.

The last two dot points are to be implemented on a trial basis in response to resident feedback and in an effort to reduce traffic using these streets (and improve residential amenity). Council will be contacting residents in the weeks following the Spring Carnival to determine whether the trial was successful.

The level of understanding and co-operation received from local residents has been part of the great success of the Caulfield Cup Carnival in past years and it is always our intention to minimise any inconvenience on our premier race days. On behalf of the Melbourne Racing Club, I Wish to thank you for your assistance and hope you come and enjoy Caulfield this spring for the major annual sporting event in our local community.,

o Nazzareno Marchionda

FACILTIES& PROPERTYMANAGER,

Plea to stop the chop in Glen Eira

4 Oct 11 @  07:00am by Jenny Ling

http://www.facebook.com/extern/login_status.php?api_key=150419601638150&app_id=150419601638150&channel_url=http%3A%2F%2Fstatic.ak.fbcdn.net%2Fconnect%2Fxd_proxy.php%3Fversion%3D3%23cb%3Df5bb4e29346362%26origin%3Dhttp%253A%252F%252Fgleneira.wordpress.com%252Ff280ed3e084b8a8%26relation%3Dparent.parent%26transport%3Dpostmessage&display=hidden&extern=2&locale=en_US&next=http%3A%2F%2Fstatic.ak.fbcdn.net%2Fconnect%2Fxd_proxy.php%3Fversion%3D3%23cb%3Df26e372e649128a%26origin%3Dhttp%253A%252F%252Fgleneira.wordpress.com%252Ff280ed3e084b8a8%26relation%3Dparent%26transport%3Dpostmessage%26frame%3Df29cf5eaaffb408%26result%3D%2522xxRESULTTOKENxx%2522&no_session=http%3A%2F%2Fstatic.ak.fbcdn.net%2Fconnect%2Fxd_proxy.php%3Fversion%3D3%23cb%3Df252489db51ee4c%26origin%3Dhttp%253A%252F%252Fgleneira.wordpress.com%252Ff280ed3e084b8a8%26relation%3Dparent%26transport%3Dpostmessage%26frame%3Df29cf5eaaffb408&no_user=http%3A%2F%2Fstatic.ak.fbcdn.net%2Fconnect%2Fxd_proxy.php%3Fversion%3D3%23cb%3Df11129b2edef70a%26origin%3Dhttp%253A%252F%252Fgleneira.wordpress.com%252Ff280ed3e084b8a8%26relation%3Dparent%26transport%3Dpostmessage%26frame%3Df29cf5eaaffb408&ok_session=http%3A%2F%2Fstatic.ak.fbcdn.net%2Fconnect%2Fxd_proxy.php%3Fversion%3D3%23cb%3Df39a70e508f2df%26origin%3Dhttp%253A%252F%252Fgleneira.wordpress.com%252Ff280ed3e084b8a8%26relation%3Dparent%26transport%3Dpostmessage%26frame%3Df29cf5eaaffb408&sdk=joey&session_origin=1&session_version=3

Sheila Nash. Picture: Jason Sammon

Sheila Nash. Picture: Jason Sammon

RESIDENTS are calling for urgent and decisive action to stop significant trees being chopped down in Glen Eira. Elsternwick resident Sheila Nash said a century-old peppercorn tree near her house was cut down this month.

She said Glen Eira needed a policy, similar to those of the neighbouring Bayside and Port Phillip councils, which had by-laws controlling the removal of major trees on residential land.

“Everyone in the community benefits from a greener landscape. And although we all have certain private rights, isn’t that why we have planning laws?” Mrs Nash said.

Now most residents can remove trees from their properties without the council’s permission. Councillors voted to establish a classified tree register in April, but in June they voted to allow two mature trees in Carnegie to be felled, against advice from council officers.

Arborists would search for and identify trees that met criteria based on horticultural and aesthetic value, size, age and location. Council spokesman Paul Burke said controls would cover “the best of the best trees in Glen Eira, not a blanket control”. “It will take some time to carry out the survey,” Mr Burke said. “It’s a huge piece of work … no-one’s putting a time frame on it.”

A council report says “many residents have expressed concern over the loss of significant trees and council’s lack of control over these assets”. Mrs Nash wants residents to rally on the issue and email her at eiratrees@optusnet.com.au

What would any reasonable person conclude from the following sentence? –

“Council can assure you that emails to Councillors are treated in accordance with the wishes of individual Councillors”.

This sentence comes from the response to a public question (10th April, 2006) and signed off by the then Mayor, David Feldman. It suggests that vetting, intercepting, archiving, of emails is done with the INDIVIDUAL CONSENT OF EACH COUNCILLOR. Reality, however might suggest something entirely different. We might even contemplate whether each and every councillor is aware that this happens, the full extent of the ‘surveillance’, and if they are aware, whether or not they have ever granted their unequivocal, individual consent. It also raises many legal questions as to what constitutes ‘official council business”. If residents email a councillor inviting him/her to a private party because he/she happens to be friends with these residents, then what right have anonymous officers got  to view such private emails? And who is the ultimate arbiter of ‘official business’ anyway? The real issue though is how can something be classified as ‘official business’ unless it is first opened and read by an anonymous council-appointed censor?

The Whelan Report made it absolutely clear that the siege mentality of this administration is to gather as much ‘information’ (on councillor activity?) as possible –“The administration has adopted the practice of retaining copious records as protection against possible accusations by Councillors”. Logically then, in order to sift through what might be ‘accusatory’, everything must be captured, logged, archived, and kept in a little black book on someone’s desk.

Surveillance is enshrined even further through the Staff Code of Conduct – “Staff members must keep their manager/Director informed about information/requests from Councillors. If a matter is of interest to a Councillor, the Councillor may raise it with the Director or CEO and they ought to be aware of it so that they can respond effectively. The only officers who are authorised to provide written information to Councillors are the CEO and Directors. This includes faxes and emails. The reason is that the CEO and Directors meet regularly with Councillors and are aware of the context of requests and issues. All written information to Councillors goes via the Councillors’ secretariat in the CEO’s Office”.

In most organisations, this is innocuous and reasonable. How benign such as state of affairs is in Glen Eira is the fundamental question. Senior administration have elevated themselves to the role of self-appointed gatekeepers, collecting and feeding whatever information they want to councillors. Further, it could be argued that other staff are dragooned into being pseudo spies, reporting every conversation and request to those on high. We know of repeated councillor requests for information which have failed to materialise, or have been delayed for so long that the issue is dead and buried.

One thing is absolutely clear to many residents. The corporate culture of Glen Eira is in desperate need of change. Only Councillors can enact this change – if there’s the will and the courage – as demonstrated in the Gold Coast councillors’ resolution.

Lucas dodges council email scandal

Ken Vernon   |  August 5th, 2011

AN urgent investigation into the interception of that city councillors’ emails by council bureaucrats could see top officials losing their jobs or even jailed.

But Deputy Premier and Local Government Minister Paul Lucas said the intercepts were `essentially an internal matter for the council to resolve in the absence of any significant breach of the Local Government Act’.

According to Gold Coast criminal lawyer Bill Potts, the council may have no choice but to report the matter to police.

“Under the Local Government Act, the council is obliged to report possible criminal acts to the police and there is no doubt that intercepting private emails is a criminal offence,” he said.

“Such actions are offences under both the Privacy Act and the Telecommunications Act and criminal charges laid against council officials could result in jail terms if they are found guilty.”

He said the council could also be liable for damages to people whose privacy was breached when their emails were intercepted.

He said the CMC also had the power to independently investigate and while suspects had the right to refuse to answer questions from the police, the CMC had coercive power to force them to answer.

Yesterday Mayor Ron Clarke ordered an inquiry into the email interceptions with a report to be presented to Council on Monday.

The council’s communications department yesterday refused to say whether the interception operation was still in effect.

“Well, I can only assume it has stopped,” Cr Clarke said. “It better be.”