Caulfield Racecourse/C60


In what can only be described as the most extraordinary course of events the MRC representatives (plus 2 Government appointed Trustees have voted at the last (secret?) Trustee meeting to:

  • have a 5 year lease on the entire racecourse land and only pay $90,000+ pa
  • that this lease then be ‘renewable’ for a further 21 year lease at this rental
  • that Mike Symons (and the other MRC trustees) do not have any conflict of interest concerns when negotiating leases on their rented stables/training facilities

What we publish in order below is quite staggering. First, the letter by Greg Sword to the Minister and others alleging conflict of interest etc. Only the first page is uploaded, but the entire document is available for downloading HERE

Pages from Caulfield Letter to Chairman of TrusteesNext, we’ve uploaded the MRC response and its attack on Sword. Again the full document is available HERE

Pages from Ltr to CRR Trustees from MRC TrusteesFinally, another document written by Mr Fenwick to the Minister is available HERE

CONCLUSIONS

  • The entire Trustees should be sacked immediately in our view and an independent management committee appointed
  • The legality of this entire fiasco, and especially the actions of the MRC trustees needs immediate resolution with the option of penalties
  • A full parliamentary inquiry, if not a Royal Commission be instituted to investigate the long term issues that have plagued the management of the racecourse as public crown land.

PS: SEE ALSO – http://www.heraldsun.com.au/leader/central/caulfield-racecourse-reserve-trust-chairman-reveals-major-concerns-over-mrc-cheap-lease-vote/story-fngnvlpt-1227097749344

The bastardry, skulduggery, and pattern of capitulation which has dogged the entire Caulfield Village fiasco, is now complete. Council has once again caved in completely to the MRC/Developer judging by the VCAT order resulting from the August ‘mediation’. (full document uploaded here).

We remind readers that in May this year the Development Plan was rubber stamped by the majority of councillors. Attempting to simply save face, Lipshutz and Sounness put forward an amendment which was meant to ‘rectify’ the problems such as ‘fixing’ the vast number of miniscule balconies, and car parking issues. (See: https://gleneira.wordpress.com/2014/05/21/defending-the-indefensible/).

Well, surprise, surprise, surprise – the developer got practically everything he wanted! The two most important conditions (balconies and car parking) were practically tossed out the window and many other conditions eroded away in favour of the developer. All that council appears to have gained is to force the developer to provide more detailed information on soil depths so that the promised ‘garden of Eden’ will have enough soil to actually survive a year or two!

Which leads us to some pretty important questions:

  • Why didn’t council insist that this goes to a full hearing and not mediation if they were so adamant that their conditions were vital?
  • How much did this mediation cost ratepayers since we would bet that council employed barristers, planning ‘experts’ etc.?

We also must congratulate all those ‘backroom boys’ for their years of plotting, since this development is now exclusively OUT OF THE HANDS OF COUNCILLORS. Everything is now up to the ‘satisfaction’ of the ‘responsible authority’ – ie officers (exclusively). Hyams, Lipshutz, Pilling, Esakoff have done their work and handed the MRC their biggest prize ever to the detriment of every single resident living in Glen Eira.

Below is a summary that we’ve drawn up. On the left hand side is what the resolution of May 2014 stipulated. On the right hand side is what has now changed according to the VCAT order. These are all verbatim. Please read carefully and then ask yourselves whether or not you believe that Glen Eira is indeed the ‘cave in Kings’ of the State!!!

There’s undoubtedly a lot more buried in the technical detail of this order, so we welcome your views on what we’ve left out.

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Thank you to one of our readers for alerting us to the changed Trustee website. Changes have occurred in that:

  • Minutes are now published
  • Financial reports are now published

However, the minutes clearly reveal the ongoing reluctance of the MRC to fully embrace the reforms recommended by the Auditor General. Leases remain in limbo with extension upon extension and master plans ‘progress’ at glacial pace. At this rate we have no real confidence that total reform is even close. It must also be borne in mind that on the topic of the removal of training there is stunning silence from all and sundry – including our councillor reps.

See the following links in order to access the minutes:

February 2014 – http://www.crrt.org.au/Portals/0/Downloads/Sep14/CRR_TRUSTEES_Minutes_180214.pdf

August 2014 – http://www.crrt.org.au/Portals/0/Downloads/Sep14/CRR_TRUSTEES_Minutes_070814.pdf

Caulfield Racecourse Reserve

Mr SOUTHWICK (Caulfield)—The matter I raise is for the Minister for Environment and Climate Change, and the action I seek is that the minister adopt the recommendations outlined in the Victorian Auditor-General’s Office report entitled Management and Oversight of the Caulfield Racecourse Reserve.

The report outlines that the trust has not been an effective manager of the reserve and that insufficient attention has been paid to fulfilling the potential for community use of this reserve.

It is important to mention that Caulfield Racecourse is one of most prestigious racecourses in Australia. It brings significant revenue into the state through racing and events. It hosts significant racing events, including the Caulfield Cup and the Caulfield Guineas, and was a training home of the legendary Black Caviar. In addition to a racecourse, the 1949 Crown grant designated the land as being for two other purposes: for public recreation and as a park. It would be fair to say that, despite the efforts of many, the trust has failed to deliver on the recreation and open space benefits to our community, which the report highlights. Without elaborating on the failure by the Labor government to properly administer land swaps and to take up recommendations from previous reviews, we are now in a great position to finally implement a management plan by taking up these recommendation to the benefit of both racing and community use.

Members would have heard me advocate in this place for more community use of the 54 hectares of land. We have seen racecourses, such as Happy Valley Racecourse, also having strong sporting facilities and golf courses in the middle of their reserves. We are perfectly placed to do a similar thing at Caulfield. I place on the record acknowledgement of the efforts of the current Melbourne Racing Club administration, which has demonstrated a willingness to adopt a plan that incorporates better public use of the facility. In 2012 I worked with the club and the City of Glen Eira to deliver a $1.8 million upgrade of the centre, including barbecue and jogging facilities. That project was funded by the racing club to encourage community use of the reserve.

Despite having done all of that, as we have known and as this report highlights, the community does not fully utilise this space because it is hard to get to. Caulfield Racecourse Reserve is desperately calling out for an active space plan to bring people into the centre of the reserve. We could do this through proper community consultation, which this report also suggests. I thank the minister and the current Department of Environment and Primary Industries administration for their commitment to fixing the inherent problems in managing this reserve and the work they have done so far with the trust.

The recommendations of the report include more rigorous oversight of the Caulfield Racecourse Reserve; adopting a governance framework consistent with contemporary standards, determining the trust’s responsibilities, powers and obligations; a community engagement strategy that can identify the needs and will ultimately result in a land management strategic plan that contains a clear and measurable outcome for use of Crown land consistent with the grant; and the exploration of alternative management arrangements for the reserve so it can be better placed to meet the needs of the racing and local community into the future.

Ultimately we are looking for the best outcome for all—the best outcome for residents and the community while keeping in mind that it is a racecourse.

I call on the minister to adopt all of these recommendations in this report. This is a once in a lifetime opportunity to get things right in this unique and valuable space known as the Caulfield Racecourse Reserve. I will give the community my undertaking to continue to fight for better community benefit in this great space.

The Auditor General has released his long awaited report on the governance of the Trustees and the oversight management of the Department of Primary Industry on the crown land that constitutes the Caulfield Racecourse Reserve. We congratulate the Auditor General’s office for the report and for affirming what can only be described as a combination of blatant incompetence and vested interests that have been allowed to reign for far too long and to the detriment of the local community. No public office escapes unscathed. We will comment in greater detail once we’ve had time to fully digest the report. We’ve uploaded the full report HERE.

Serious problems with management of Crown land at Caulfield Racecourse found by the Auditor-General

A scathing report reveals public parkland at the Caulfield Racecourse has not been managed well by the trustees.

PUBLIC parkland at the centre of the Caulfield Racecourse has been seriously mismanaged, a scathing Victorian Auditor-General report has found.

Auditor-General John Doyle’s scathing report, tabled in Parliament this morning, has found there was poor access to the public land, “significant’’ deficiencies in governance by the board of trustees, conflicts of interest among trustees that have not been managed well and more.

Mr Doyle said the 54-hectare site had been governed by 15 trustees whose decisions have “disproportionately favoured racing interests with insufficient attention paid to fulfilling the community-related purposes of the reserve’’.

The report says public space is not easily accessible, entry points and signage are inadequate, and although the reserve has recently been upgraded, it doesn’t address the community need for better recreational facilities within Glen Eira.

The report also calls for community consultation on what should be done with the reserve.

With a severe shortage of open space and sports grounds in Glen Eira, the council wants sports grounds developed on the reserve, which has a lake, grassed area, walking track and barbecue facilities.

“ … it is not clear that the needs of the community have been appropriately balanced against the needs of racing.’’ — Auditor-General John Doyle

The council has also argued the $80,000 annual rent the Trust charges the MRC is well under the independently valued rate of about $1 million.

Six trustees represent government, six represent the Melbourne Racing Club and three represent Glen Eira Council.

“There is no doubt that the reserve is a significant public asset and one of Australia’s premier racing tracks, hosting high-profile races such as the Caulfield Cup and bringing in significant revenue for the state. However, it is not clear that the needs of the community have been appropriately balanced against the needs of racing’’, Mr Doyle found.

Trust chairman Greg Sword welcomed the report, vowed to implement the recommendations, accepted criticism of conflict of interests historically and currently not managed well and said the Trust now had a blueprint for crucial improvements.“The VAGO points to significant conflict of interest and it is difficult,’’ he said.

“This provides the Trust, whether restructured or not, with a great blueprint for the way in which it should act in the future.’’

The DEPI has also accepted all recommendations relating to its role.

The news has drawn a quick response from Glen Eira councillor and former Trust chairman Jim Magee, who has for years lobbied for change to the way the reserve is managed.

“It’s absolutely scathing,’’ he said.

“It validates everything that we’ve said in the past. We now have to look to the Premier and the Opposition leader to implement all the recommendations.’’

Cr Jim Magee was the former Trust chairman.

It contains 15 recommendations to address those issues needing “immediate attention’’ and for the future management of the reserve.Five apply directly to the trustees of the Caulfield Racecourse Reserve, six to the Department of Environment and Primary Industries which oversees the performance of Crown land managers and four require joint action by the trustees and the department.

The VAGO says unless the issues can be addressed, alternative management arrangements over the reserve should be considered.

Mr Doyle says the Trust should be given the chance to introduce contemporary governance standards but if it fails or trustees cannot agree then other arrangements, such as a committee of management or a new trust under its own legislation, must be considered.

The Premier’s office has been approached for comment.

Set down for tomorrow – 21st August – under ‘Mediation’!

Room 2.6 – Member S. Cimino
1:30 PM P930/2014 BPG Caulfield Village P/L v Glen Eira CC
Caulfield Mixed Use Area – Land bound by Kambrook Road, Station Street and Normanby Road, Caulfield

PS: for a VCAT ‘Fact Sheet’ explaining mediation, see – https://www.vcat.vic.gov.au/system/files/mediation_factsheet.pdf

We note:

  • the secrecy involved
  • question whether any potential ‘outcome’ is sanctioned by councillors/Council or are ‘compromises’ to be the exclusive task of officers?
  • Why has there been no public announcement of this ‘mediation’?
  • What, if any, private deals have already been arranged? (forgive our cynicism!)

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PS – PLEASE NOTE MR BECK’S COMMENTS!

Caulfield Village developer to challenge Glen Eira Council conditions at VCAT

THE billion dollar Caulfield Village residential and retail project north of the Caulfield Racecourse is headed for VCAT.

Developer Beck Probuild has lodged an appeal against Glen Eira’s Council’s conditional approval for the first development plan.

BPG Caulfield Village director Sam Beck said: “All we are doing is appealing the clarity and consistency of some of the minor conditions of the approved Development Plan which includes engineering, design and parking.’’

“We don’t see them as significant items and we believe that we can resolve them with the Glen Eira City Council.’’

Councillors want the developer to provide 130 publicly available off-street car spaces across the site to compensate for existing on-street parks that will be lost to the project.

They also want 127 car spaces in the Smith St Precinct for use by Caulfield Tabaret/Glasshouse patrons at all times during operating hours.

Those spaces are required as part of the MRC’s permit for the tabaret and will be lost to the Caulfield Village development.

Councillors approved the first development plan by six votes to three.

The hearing is listed for September 29 and 30.

There’s much in the current agenda that deserves comment. The most significant is that the MRC or their developers have lodged an objection to the miniscule conditions imposed by council on the Caulfield Village development. What a surprise! The VCAT hearing is set down for September.

It is also important to note that the public relations arm (via Newton) is out in full force with reports designed to both gild the lily, and to obfuscate the real issues on Amendment C120 (open space levies) and housing approval statistics. We will report in detail on both these matters in the days ahead.

Staying true to form, there is another report on what council could do regarding apartment sizes. Again, no surprises from this ‘do nothing council’. The recommendation is that regulating size is a state issue and all council should do is ‘advocate’ via the Municipal Association and have ResCode updated.

Readers also need to have a close look at the Advisory Environment Committee’s set of minutes. The trend to ensure that as little as possible is made public continues. Advisory committees should never be the place for important policy discussions, especially where officer reports remain secret, and the public is barred from attendance. This transgresses all notions of transparency and good governance, especially when many committee recommendations are then simply accepted by council without any open debate, or very often without the accompanying data to justify those recommendations. Here are some items from these minutes that readers might like to ponder:

That the Chair of the Environment Advisory Committee write to Vision Super to ask for information on their Ethical Procurement Policy and practice.

3.5.3. A letter was sent on 15 April 2014.

3.5.4. ACTION: Officers will seek an update on whether there has been a response to the letter and follow up if necessary

5.1. Car sharing

5.1.1. Traffic Department have advised that there is a trial underway (MS).

5.1.2. ACTION: Officers will provide further update on the current trial at next meeting.

 

5.2. Glen Huntly Reservoir Proposed Park

5.2.1. JD raised the question of whether a community garden should be trialled at the new park.

5.2.2. Discussion included that the proposed park is currently out for community consultation which has been informed by several consultations to-date.

5.2.3. JD plans to put in his own submission to the Booran Road Consultation process.

5.2.4. ACTION: Officers will seek clarification about the timing of Open Space Strategy action to investigate potential locations for community gardens in Glen Eira.

Last, but not least, there’s this from the in camera items – Under Section 89(2)(f) ‘legal advice’ which relates to ‘Code of Conduct – Possible Additions’. Residents should expect more ‘tightening’ (ie nooses) placed around the necks of councillors we predict, with this one!

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PS: Clearly the MRC and its associates do not like the negative publicity they are receiving. Their response? To pull the promo video from YouTube! As always, actions speak louder than words, and this action ‘screams’ louder than most!

Towards the end of this video we are informed that the Smith St. Precinct will now contain two 22 storeys in height. By the time the plans come in, no-one should be surprised if this becomes much, much higher. So much for Council’s 20 storey “height limit” that was announced with such fanfare years ago! We also have to chuckle at the gloating, phrase of ‘the might of the MRC’. There are also countless other ‘changes’ to what the Development Plan envisaged.

This ‘might’ and council’s total impotence and lack of trying perhaps, is brought out via another public question that was asked last Tuesday night. Residents should be told:

  • what has council done about this further breach of the ‘agreement’?
  • why has council remained silent on any aspect of the agreement for the past 3 years?
  • what ‘negotiations’, if any, have taken place between the MRC and council in relation to meeting the terms of the ‘agreement’?

The public question –

In June 2008, a Joint Communique was signed by the Melbourne Racing Club and Glen Eira Council which related to the use of Public Open Space in the Centre of the Caulfield Racecourse. With regards to relocation of training from the Caulfield
Racecourse, included in the Joint Communique, is the statement that; “The MRC will provide Council with an annual update on progress” Could Council please provide all annual progress updates received from the MRC since the Joint Communique was signed.

Council’s ‘response –

Council has received no updates.

The management of the Caulfield Racecourse Reserve Crown Land is currently the subject of a Performance Audit by the Auditor General for Victoria.

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