2006

Joyce Park –  $1,069,000

Princes Park Pavilion – $1,972,000

Caulfield Park – design – $258,000

Bricker Pavilion – $1,782,000

 2007

Marlborough St. Reserve – $235,000

Swimming pools manager – $260,000

Caulfield Pavilion – $3,833,000

Caulfield Landscaping – $1,773,000

Murrumbeena Reserve –   $539,000 

2008 – 2010

Princes Park – Sussex Rd. Carpark – $400,000

Sportsground Lighting – $1,500,000

Duncan McKinnon – $700,000

King George Reserve – $250,000

Koornang Park – $292,000

GESAC – water slides – $568,000

Packer Park – $450,000

Princes Park oval – $600,000

Victory Park Oval – $300,000

GRAND TOTAL  –    $16,781,000.

  • Lobo got the ball rolling by questioning the accuracy of the record/minutes of assembly. He noted that the reference to communication via emails should read ‘racism’.
  • On Item 9.1 (5 storey development) Lipshutz used the term ‘appropriate’ at least 5 times in the space of 10 sentences. Pilling concurred. Passed unanimously.
  • Items 9.2 and 9.3 were passed. Magee voted against item 9.3. The basic argument was that these items were really only ‘housekeeping’, the land was not really valuable as open space/park, since it was behind a brick wall, no-one knew about it, and hence too late to do anything about it since it wasn’t in council’s control – although they had ‘authority’. PITY THAT THE PUBLIC WASN’T PREVIOUSLY INFORMED THAT THERE IS A COURT CASE PENDING BETWEEN THE OWNERS!!! Seems that this little detail somehow escaped the Officers’ report. Perhaps Glen Eira Debates should take some credit in prompting this tiny tit-bit of information into the open?
  • Farce of the evening was the self-congratulatory performance of nearly all councillors who actually thought they were conducting a ‘debate’ on the financial statements and the prioritisation of capital works. Perhaps ‘debating’ sessions should be given to councillors in conjunction with refresher courses on governance as recommended by the Municipal Inspector?
  • We’re told that the item which generated most ‘debate’ was Esakoff’s ‘urgent business’ relating to potential state government regulation on pruning of trees near power lines. Esakoff moved that GE provide $30,000 for ‘fighting fund’ in conjunction with other councils and MAV. Magee opted for the ‘wait and see’ approach. Pity that such ‘debate’ and ‘spontaneity’ cannot be directed to more pressing issues that impact severely on residents.
  • 2 public questions were taken ‘on notice’ and one was declared inadmissable as it did not refer to a councillor in the performance of his duty as councillor. A question directed to senior executive was also taken on notice. Will be interesting to see how long it takes for these ‘answers’ to surface!

Apparently there were also numerous occasions when several councillors did not know correct procedures as to asking questions of officers (Esakoff); being allowed ‘Right of reply’ on behalf of someone else (Magee); speaking to agenda item (Lobo). After two years, and for some many more, is it asking too much that councillors are au fait with their own local law and its Meeting Procedures? Even Tang we’re told had to defer to the wisdom of Burke!

A comment received by Streuth –

Streuth, this site brings to light facts that should have been known to us, the voters, before the Council election. Let’s talk about Cr Michael Lipshutz. In his election material he promised nothing beyond saying how good he is and in how many different organisations he has been involved in and lead. He did not mention that in many instances, when he reached the leadership role there was a ‘revolt’ and he was replaced soon after or he resigned. Examples abound: President Bnai Brith Anti-Defamation Council, President JCCV, and the latest one now President LionFM.
We have to ask, why a person with an excellent background, education, so much knowledge, and practical experience, is perhaps being booted out from so many different community organisations? After all, Michael is a Community Worker most of his life and knows how communities work. A clue to the man is in an interview Cr Lipshutz gave to Jewish News jewishnews.net.au/news/2009/06/22/a-love-of-work-and-community/2102. Here are a couple of quotes:

“…when I was a kid I always said I would become prime minister -– people remind me about that today.”

“I considered a political career, but there wasn’t enough money in it and the future was too uncertain -– not a great option when you are married with kids. I have always enjoyed the law, so that was where I headed.”

Ambition and aspiration are excellent motivators to do things in life and should not be the basis for criticism. And I am not critical of Michael Lipschutz in having ambitions and aspirations for high Public Office or for making more money to better himself and family. However, the way one goes about fulfilling ones own ambitions and aspirations do matter in all public life as it affects other people’s lives and relationships. It is the how of doing things that brings into focus the ‘spat’ between Bram Presser and Michael. Here are a couple of quotes from Jewish News on Lion FM:
“…from the very beginning it was apparent that the station – supposedly an asset for us all – was being run in a somewhat questionable manner by people with no radio experience and a political agenda to push.”
“It was drafted as if everything to do with Lion FM was top secret – as if the executive were running ASIO or the CIA rather than a simple, inclusive community radio station.”

Now a similar thing happened at the Council, when Michael was first elected in 2005. He got 6 Councillors together at his home and essentially they seemed to form a voting clique to ensure that there is always a majority and collusion on issues of interest to that group. How would you feel being left out as Cr Robilliard, Cr Spaulding, and Cr Staikos were? Not only that, this kind of collusion is also a vote of no confidence in the CEO. As it happened ALL of them are liberal party supporters. Result is that no Councillor outside that clique has ever been elected to be a Mayor. Hey, the electoral democracy has gone out the Council chambers by that totally undemocratic act soon after the election. Stuff that, I cannot see ANY benefit in that for the community.

The other problematic example is the “No surprises Policy”, which seems to include the debate in the chamber. In fact there is no free wheeling conversation, discussion, polemic or debate of any kind in the Chamber. And the great Cr Lipschutz acts as though the Council Chamber is ‘his eminence Court’. He argues as though he is the judge e.g. On the one hand it is this … On the other hand it is that … On balance of probabilities I decide that it is whatever … Michael, this is not the way it should work. This is WRONG, WRONG, WRONG.

Council Chamber, when considering items for quasi judicial decisions must engage each Councillor to present his/her independent view on an issue at hand with an open mind and NO pre-apprehension or prior collusion. It MUST NOT be manipulated behind closed doors to have a pre-judged outcome. The outcome must be determined by a vote that looks and feels like it’s coming from independently minded members of the Council. After all, that is the essence of the ‘Winky Pop’ case. Michael if you want a good judicial example of how it should work, then look at the way Full Bench decisions of the Supreme Court or High Court are made. Each judge considers in depth and argues their position of the issue at hand and then votes. And just to make it absolutely clear why it is done that way – in Latin argure means to clarify! Council Chamber is NOT a single judge Court like a magistrate Court for you to show your brilliance, or fulfil your ambitions to be in charge (e.g. prime minister). By doing what you are doing, you are destroying the environment for clarification of complex issues for the public to understand. That is ROTTEN, ROTTEN, ROTTEN.

Councillors must come to the Council Chamber with carefully considered factors brought to their attention and researched by each Councillor independently. And then at the Council meeting each one is to argue strongly for his/her view and convince others of the validity, value and importance to benefit the community at large. Clearly, if decisions are to be made to benefit the community at large their views, whatever they are, must be sought and considered. And here your disdain for community views, and lack of sympathy or understanding of, in particular activists’ views, is totally unacceptable and reprehensible. Here are just a couple of quotes:

“The Friends of Caulfield Park commenced by agreeing that the Pavillion was required but then the Council heard a litany of nitpicking negativity. No proposal was submitted and there has been plenty of time for them because the brief was a public document.” (see http://www.caulfieldpark.com/index.html for the extensive work and input by FoCP)

“I would however remind you that I and my fellow Councillors were elected by the people in a fair and contested election. It is we who represent the residents and not the community groups to which you refer.” (Mary Walsh question cited FOCP, DOGE, GERA).

Michael, the worst part of this type of attitude and arguments is that you are abrogating the fundamental role of a Councillor to represent and advocate on behalf of your constituency: residents, traders, workers, professionals, etc. Instead you contrast the views of your constituents with the views expressed by Council Officers in their documents and papers. Again, you misunderstand the purpose of such documents. The Officers papers should be regarded as a Primer document for consideration of a particular issue or problem. It is definitely NOT a sacrosanct document that must be adopted. It needs to be analysed, dissected, and together with submissions from community members the issue(s) ought to be considered properly within the context of the issue at hand as well as understand the context of each submitter. For example the Officers submission usually is biased towards their perspective and understanding of the Corporate ethos, which may be totally at variance with the wishes and ethos of the community members! Each community submission may indicate the ‘tip of the iceberg’ of problems the Council may have. Instead you think that people make a “mountain out of a molehill” and you ignore them. You do not communicate with them, or represent them or advocate for them.

You are also forgetting that most of those that decide to write in are probably professionals in their own right and do a great service to the Council by responding and providing an input. If you would bother to value (in money terms) the input the Council receives by community members, just as you do it in your own professional capacity then you may have had some appreciation of the value of the work, effort, time and in many instances money involved in making a contribution to Council deliberation. Each submission is probably worth thousands of dollars. And what do you do Michael? You ignore them. You do not communicate with them. You are showing yourself as an arrogant, rude, with a ‘born to rule’ mentality. SHAME, SHAME, SHAME on you.

As I read what I have just written I begin to understand “why a person with an excellent background, education, so much knowledge, and practical experience, is being booted out from so many different community organisations?” I think Curious is correct in saying that you are clearly not cut out to be a Politician or be a Community Leader in any way, shape, or form. The best thing you can do is to RESIGN, RESIGN, RESIGN or CHANGE, CHANGE, CHANGE right now. Otherwise, you will suffer the indignity, ignominy and wrath of the community at the next election if you try to be re-elected.

PS. You have been a ‘mentor’ to Steven Tang for a long time. And he has followed in your footsteps. I think your mentoring has ethically disfigured this young man. The Frisbee case is another case of clearly young people having the support of an influential senior person that feels wrong on ethical grounds even if it is legally correct. It encourages flouting of the law. Surely, you do not subscribe to that? Please do it right for yourself, your family, your friends and the community.

There are a couple of convoluted, confusing and curious items set down for decision tomorrow night. Both involve what is now known as Kimberly Gardens in Inkerman Rd. It appears that the following is about to happen:

  • The loss of further public open space
  • The potential for further private development down the track once this open space is lost
  • The possible absence of ministerial approval for the amendment of a Section 173 agreement
  • Deletion of agreement clauses without showing due cause such as evidence of ‘nuisance’ as stipulated by the agreement
  • A strange ‘in camera’ meeting on 16th March, 2010 which involved this property – a most unusual occurrence!

Questions to councillors:

How does the community benefit from this arrangement?

What reimbursement/contribution will council receive from this deal?

Has the public been told the ‘full story’ and nothing but the ‘full story’?

MLA blames council for childcare crisis

(Melbourne Bayside Weekly: Author – Henrietta Cook)

OAKLEIGH MLA Ann Barker has accused Glen Eira Council of failing to collaborate with the state government to find long-term solutions to the area’s impending childcare crisis.

‘‘Glen Eira must be the only council in the state that is not doing this collaborative approach and needs to sit down and seriously talk about it,’’ she said.

Barker’s comments follow a state government announcement that Carnegie Preschool will be temporarily relocated to Carnegie Primary School next year. The relocation of the 1914 kindergarten to a demountable building at Carnegie Primary School follows four years of uncertainty after the Uniting Church sold the Toolambool Road site, where the preschool is currently located.

Barker expressed frustration that a permanent location for the preschool had not been found and said the council was continuing to push for short-term solutions, such as building kindergartens within primary schools, when children’s centres that deliver childcare, kindergarten and maternal child health were the answer.

Glen Eira mayor Steven Tang said the council had submitted two applications this year to establish children’s centre hubs in McKinnon and Elsternwick, both suburbs outside Barker’s electorate, and neither was funded. Only two of 15 kindergarten grant applications submitted by the council were funded.

‘‘All Victorian councils are united in concern about the under-funding of new kindergarten policies,’’ he said.

Director of Carnegie Preschool Pam Marti said families had been feeling anxious about the situation for some time. She said Carnegie was in desperate need of more kindergarten places to accommodate the high numbers of young families moving into the area.

In April, Glen Eira Council submitted its Universal Access Kindergarten Report to the state government, which predicted demand for kindergarten places in Glen Eira will increase by more than 50 per cent from 2010 to 2013 as a result of a federal and state government policy change that aims to increase four-year-old kindergarten from 10 to 15 hours per week.

Barker said the council’s report didn’t provide an appropriate long-term solution to the issue.

‘‘ I’d like to see [the council] stop saying this is a state government responsibility and to say we have these buildings and these possible sites and to talk about it.’’

Questions to councillors:

  • Did council apply for the $500,000 grant – especially since a govt report of 2005 nominated Glen Eira as ‘high priority’?
  • If Glen Eira, with such a ‘crisis’ looming is unsuccessful in its grant applications, then questions as to the quality and nature of applications have every right to be asked.
  • When over $19 million is further distributed by the State Government on 20th October (http://www.premier.vic.gov.au/component/content/article/12377.html) residents again have the right to ask why Glen Eira isn’t listed in the above catalogue of successful applicants?

This is a tale of intrigue and secrecy. Secrecy by administrators with the result that not only the public, but councillors themselves are not given information which is vital in order for them to govern in the best interests of the community. 

In February this year, Glen Eira City Council faced 88 charges in the Dandenong Magistrates Court. Council employed an SC, and the potential fines were in the vicinity of $2,000,000. The charges were laid by Vic Roads. Council was found ‘not guilty’ of these charges. This is not the point of our tale however. What we wish to highlight is that individuals whose job it is to protect the community and its assets did NOT KNOW OF THIS PROSECUTION! In other words elected representatives were excluded from an issue which had the potential to impact on all aspects of the municipality and its operations. 

What must also be borne in mind is the following –  taken directly from the Whelan Report (page 32) and citing the purported governance practices by the administration. The heading of this page is:  “CEO/Administration and councillors”  

“A Governance Digest is sent to Councillors by courier each Thursday. It includes a diary of all engagements involving the Mayor / Councillors, any key commitments by senior managers (e.g. conferences) and events which affect the community. It sets out information under five chapters laid down by the CEO:-

o “For Councillors to take action / decision” (e.g. extra information about a matter coming before Council; opportunities to attend development courses);

o “Sensitive issues that Councillors should be aware of”. This is the heart of the Digest. It updates Councillors on constituent concerns, media items, etc.

o Decisions made by management that Councillors should be aware of” (e.g. decisions by the Delegated Planning Committee);

o “Reports on progress” (e.g. implementation of capital works);

o “General information”. Provision of this information is based on an internal policy which states:- The golden rule is No Surprises. It is our policy to alert our Councillors beforehand of any issue which could reasonably become the subject of public discussion.” 

Seems like this administration does not practice what it preaches – even after three municipal inspectors’ investigations. This court case speaks volumes about the failure of governance, transparency, and accountability. We ask councillors – who runs this council? You, or the ‘faceless men’? 

You may read the full judgement or the Norton Rose synopsis via these links – 

http://www.nortonrose.com/knowledge/publications/2010/pub28461.aspx?lang=de-de 

http://www.magistratescourt.vic.gov.au/wps/wcm/connect/2b68e500440ad44eb44ef61b048e52c2/Vicroads+v+City+of+Glen+Eira.pdf?MOD=AJPERES

Seems we still have the Revolving Door spectacle of councillors zipping in and out of Assembly meetings according to the Agenda items for the November 3rd council meeting. And again of note, the practically non-existent declarations of ‘conflict of interest’. Those bladders must sure be getting a working over!!!

Also of note is the fact that the Pools Steering Committee now also comes under the category of ‘Assembly of Councillors’ and according to the Local Government Act, all that has to be recorded is those present, general topics of discussion, and any conflicts of interests. Need we spell it out, that this is of course what is revealed here, rather than the more expansive ‘minutes’ that would let the community know a little more of what was going on!

As to the C60, still to make an appearance! However, Penhalluriack’s recent request for a report regarding meetings between council and the MRC has been tabled. Readers should be filled with absolute confidence when they peruse the following paragraph taken from this ‘report’ – “If Council wants staff of the Planning Office to attempt to identify the dates of meetings, that would involve time which would otherwise be spent addressing planning applications, amendments or appeals and it would be appreciated if Council would specifically direct that activity if it wishes”. Testy, aren’t we? Gosh, recording dates is really a tough ask. As for actual ‘minutes’, oh well ……….

Another feature is a 5 storey application  – again in Elsternwick. Guess we could start thinking about renaming the suburb to reflect the new ambience of high rise?

There’s plenty more which we will report on in due course.

Congratulations to councillors for organising last night’s forum. Approximately 35 to 40 people showed up which represents one of the largest turnouts at this kind of event.

The evening began with Jamie Hyams presenting an overview of Council’s achievements, followed by Jim Magee speaking on GESAC and priorities in capital works. Concluding the presentations, Oscar Lobo spoke about the organisational structure of council and the quality of the Annual Report. We understand that the original intention was that each speaker would proceed with their talks and then only at the end would the floor be thrown open to questions. The evening however did not follow this format. Members of the audience started asking questions and making comments almost from the beginning of Hyam’s presentation. This set the scene for a much freer evening where people felt they had the opportunity to speak their mind.

Some of the issues raised were:

  • Lack of structure planning and the need for council to provide an overall vision for shopping centres that includes direct consultation with traders, residents, community groups, etc.
  • Poor service delivery
  • Inappropriate development and council’s need to protect residents
  • Waste of public monies in sub-standard road and unnecessary pavement works
  • Priority listings of pavilions and need for revisiting of such priorities
  • Job descriptions for mayors
  • Inadequate car parking at GESAC

There was generally some expectation that councillors ‘do something’ about the above issues. It will be interesting to see what eventuates from this forum. Will councillors first and foremost report back to residents as to their follow up actions? Will councillors introduce motions and amendments at council meetings that seek answers to some of the above? Will anything change?

It seems that our man capable of making ’hard decisions’, Cr. Lipshutz, has recently made another such ‘hard decision’ in a long career of resignation after resignation. Reading between the lines there are two possible scenarios – either he was pushed, or he spat the dummy a la Whiteside. Either way, it seems that Michael is having trouble holding on to senior executive positions in a number of organisations – oh, and let’s not forget his decision not to stand for pre-selection when beaten by David Southwick!

Why, oh why, we ask ourselves is this poor bloke having such an apparently rotten time these past few years? What is it about these organisations that makes him ‘resign’ – or could the fault possibly lie with our illustrious councillor? We don’t know! We’re only following the dots and a track record that includes:

  • Two attempts (one successful) to gag councillors via the addition of a ‘no surprises’ clause to the local law
  • Disdain for ‘community activists’ (read here anyone who disagrees with him)
  • ‘We know best’ attitude

These traits may be pivotal in Lipshutz’s sudden resignation from the new radio station. Our question however, is how well such traits serve the people of Glen Eira? Maybe it’s time for another resignation Michael?

The article (22nd October, 2010) from the Jewish News follows. Does anyone find any resemblance to the state of play at Glen Eira Council?

“MELBOURNE’S Jewish radio station has a new leader of the pack. Following the resignation of Michael Lipshutz earlier this month, John Kraus has taken over the role as president of Lion FM.

The Mizrachi member faces the tough task of steering the station back on track after a troubled few weeks.

Lipshutz’s resignation came amid accusations that the board was censoring views that did not reflect board members’ opinions on Israel, and that the volunteers’ agreement that presenters were forced to sign impinged on their right to free speech.

There were also accusations these practices were in breach of the Australian Communication and Media Authority’s community radio standards, which require stations to promote diversity and encourage community participation.

Kraus, who has held a number of communal roles in recent years, including chairman of Leibler Yavneh College and treasurer of the Jewish Community Council of Victoria, said he hopes to resolve these issues “quickly and efficiently, so the station can move forward”.

“I will be proposing that Lion FM establish an editorial board and a formal process for resolving disputes via a separate disputes committee. The editorial board and the disputes committee will be independent of the executive and contain representatives from across the community,” Kraus said.

Regarding the controversial volunteers’ agreement, Kraus said it would be reviewed and comments and suggestions from the community would be welcome. He added, “My hope is that Lion FM becomes the unofficial voice of the Melbourne Jewish community – a voice that is as diverse as it is rich and a voice of which we can be  proud.”

Lion FM presenter Bram Presser, who had refused to sign the agreement claiming it “dictates what the content and political bent of our show should be”, told The AJN he was encouraged by Kraus’ appointment. “We had a very productive conversation and I believe John has the station’s best interests at heart,” Presser said”.

Front page, today’s Caulfield Leader

Kids are not all right: Crisis looms for kindergarten places

Jenny Ling

Glen Eira Council is under fire from parents – again – to provide adequate pre-school and childcare places to avert a crisis.

The Carnegie Uniting Church pre-school is to close in 2012 after 80 years following the sale of land at the corner of Neerim and Toolambool Roads.

The Council hoped the kinder could be relocated to Carnegie Primary School but the option has already been ruled out by the school. Principal Linda Jones said it was only ever a temporary solution. ‘Should the enrolment growth exceed the classroom space then long-term options must be sought,” Ms Jones said.

‘I believe it’s a responsibility of the local government.’

The parents’ plight comes after news of the closure of the Elsternwick Childcare Centre next year.

More than a 100 people have signed a petition demanding the council allocate land at Carnegie’s Packer Park for a new kinder and the State Government to provide its infrastructure. Save Carnegie Kindergarten spokeswoman Susan Harper said letting it close was ‘unacceptable’.

‘The State Government is actively working towards helping provide solutions but the only long-term solution is for the local council to contribute as well’, Ms Harper said.

The public though have told the council though they want Packer Park to be an open space.

The Council’s own Universal Kindergarten Access in Glen Eira report found seven kinders were needed to meet future demand.

Council spokesman Paul Burke said kindergartens were a State Government responsibility.