Councillor Performance

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July 26, 2013

Consultation Committee: Terms of Reference

Posted by gleneira under Councillor Performance, GE Consultation/Communication, GE Governance
[5] Comments

Item 9.8 involved the terms of reference for the community consultation committee. We urge all readers to pay careful attention to the stated ‘function and role’. It reads:

“To make recommendations to Council in relation to the ways in which Council consults with residents,ratepayers and other stakeholders in the community to ensure maximum participation, communication and value to the community”.

In other words, the committee’s function is basically to partake ONLY in the mechanics of consultation, rather than providing direct input into any form of decision making as to the outcomes of these consultations. This important area of course, will be left first to the administrators and then councillors we presume. Thus only the first step in the ‘consultation’ continuum is being met and that is how to ‘engage’ with people – full stop. This committee is not granted any powers beyond that. It will presumably have no say in assessment, review, or participation in any decision making on the results of the ‘consultation’.

Nor do we believe it’s an ‘accident’ that the very important word REVIEW is now missing from these new terms of reference. The term was present in the original 2011 version. Also gone is the requirement that the committee meets at least 4 times a year. This has now been replaced with “as and when required”. Not that most committees do meet 4 times a year, but the omission we believe is significant in that it further erodes any formal structures and rules that should govern the running of such committees. Finally, as we’ve already noted, there is mention of ‘agreed criteria’ for the selection of community reps, but these are not provided, and definitely not made public. We can only speculate as to whether or not they even exist!

Following is the actual ‘debate’ on this item. Readers should carefully consider comments made by councillors and how the very notion of ‘consultation’ is watered down to practically nothing. Hyams’ hallmarks of ‘success’ such as the e-newletter and the notice boards are damning in themselves. Residents are lucky to receive 2 newsletters per year, and as a previous post pointed out, the notice boards were discussed, and discussed, and discussed for at least 2 years before little plastic boxes appeared in Glen Eira streets. Great achievements we say in open consultation, transparency and accountability!

Delahunty moved the motion and Lobo seconded.

DELAHUNTY: said that they had ‘long discussions’ about the number of community reps. She would like to ‘see more’ but happy with the current recommendation of 4. Went on to say that the ‘role and function is quite important’ in that recommendations about ‘the way we talk to residents’ is included and can then become the basis for ‘conversations’ with a ‘broad range of people’. Thought that ‘this is great’ and will help keep things ‘relevant’.

LOBO: couldn’t add much to Delahunty, and said this was ‘just streamlining’ of the terms of reference. Noted that the only thing that’s changed is ‘that the chair does not have the extra vote’. ‘So that will be a very interesting committee meeting’. Hoped that once the community reps were appointed they would be able to ‘steer this committee to heights that” the community would like in ‘the name of transparency’.

SOUNNESS: asked whether the terms of reference have ‘to follow certain forms’ and why this seemed to be different?

WAIT: answered that ‘they don’t’ have to follow any form and that each committee’s terms of reference can be different.

HYAMS: said that the committee began in ‘last term of council’ ‘at my suggestion’. Said that ‘most issues were decided by consensus’. Said that it’s important to ‘consult with the community’ but also that they ‘do so effectively’ and keep on improving. Claimed there were a ‘number of good initiatives’ from the committee such as the ‘e-newsletter’ and ‘community notice-boards’ and hoped to see ‘future improvements’.

MOTION PUT AND CARRIED UNANIMOUSLY

July 24, 2013

Community Consultation & The Veracity of ‘Minutes’

Posted by gleneira under Councillor Performance, GE Consultation/Communication, GE Council Meeting(s), GE Governance, GE Service Performance
[6] Comments

Below is the ‘debate’ on accepting the various committees’ ‘minutes’ and their recommendations. We’ve focused on the Community Consultation ones.

Delahunty moved to accept and seconded by Lobo.

DELAHUNTY: stated that the consultation committee ‘sets the standards‘ for consultation and seeks to ‘widen, broaden, deepen’ and make consultation ‘appropriate’ so it’s an ‘important committee’. Related what had been discussed: terms of reference; and EOI from people wanting to be community reps as well as reviewing engagement strategy. Said that one submission from a resident was ‘very helpful’ (on disability). Vouched that this ‘was a true and accurate’ record of what happened at the meeting.

LOBO: said that 4 EOIs had been received by council. One was from a ‘very senior’ and ‘experienced resident’ and was in the ‘format’ that they were asked to submit. Went on to say that there were no ‘qualifications’ or ‘requisites’ given to people. Claimed that the committee decision was to ‘hold the applications on ice’ until advertising again. Said that in his view it’s the ‘right of ratepayers’ to both ‘represent the community’ and ‘contribute to a council that they finance and pay our salaries’. People who apply are community minded and spend ‘their own time’ in the effort to ‘make a difference’. Re-advertising creates the impressions that ‘we are not a transparent council’. Community reps for this committee is different to the environmental one where some professional expertise is required. Quoted Ghandi about ‘greatness’ and no correlation to ‘education’ and that these applications should be ‘viewed’ in the same way. “Barriers’ to ‘perceived transparency’ have to be removed. Asked the rhetorical question as to precisely what they’re looking for – ‘a rocket scientist’, ‘psychiatrist’ or ‘a doctor of philosophy’. The Local Government Act compels councillors to act ‘impartially’ in carrying out their duties. Said that these would be ‘just words’ if not acted upon.

OKOTEL: spoke about the Violence against Women day and how council supports two groups in this area.

HYAMS: told the gallery that with this motion it’s not just about receiving and noting the minutes but also ‘adopting the recommendations’ so if councillors agree with Lobo that council shouldn’t be readvertising for community reps ‘they would vote against this motion’. Said that he didn’t think that readvertising was a ‘slight’ on those who applied and that they had hoped to ‘attract a slightly broader range of applicants’. Readvertising was ‘just a way of trying to achieve a broader range’ and doesn’t mean that those who already submitted won’t be selected. Went on to discuss the grants committee.

DELAHUNTY: endorsed Hyams comments on the Legal Service then went on to say that the minutes ‘tell the story’ of how council is ‘spending your money’ and they also tell the story about issues being discussed and ‘values and how we impart those values onto things we deem to be important’. People need to ‘keep track of these minutes’ and ensure that councillors are ‘held to account’ and ‘not discussing ourselves’ in these meetings and ‘not having a go at each other’. All that’s happening is ‘we’re discussing the issues and doing what local government’ should be doing. Finished by saying that some of the things she isn’t proud of but others she is and urged people to read the minutes.

MOTION PUT AND CARRIED UNANIMOUSLY (NOTE: Lipshutz and Magee were absent)

July 23, 2013

Are They Worth $300,000+ Per Annum?

Posted by gleneira under Councillor Performance, GE Council Meeting(s), GE Governance, GE Service Performance
[14] Comments

Residents have every right to question why we are paying over $300,000 per annum for a bunch of councillors who continually fail to fulfil their legal and representative roles. Glen Eira councillors, as evidenced at tonight’s meeting are entirely superfluous to the running of council.

Tonight was an absolute talk fest. Phrases such as ‘transparency’ and ‘accountability’ were repeated ad nauseum – perhaps in the false belief that repeating such terms has some correlation to the lack of transparency and accountability that is the hallmark and most distinguishing feature of this council.

We will report in detail in the days ahead. However, the lowlights are:

Not one single word about delegations and how councillors are literally unnecessary appendages in the entire process when all control and power is delegated to officers. Not one word about councillor ‘call-in’ and not one word about how nebulous and vague the criteria which govern decision making for the Delegated Planning Committee is.
Public questions and the non-answers were again allowed to go through to the keeper with no councillor making any comment on any of the responses
No questioning of the community consultation terms of reference, except for Pilling’s aside that it appears to be different to other committees’ terms of reference. Lobo waxed lyrical regarding the selection of the community reps, implying that he was opposed to re-advertising, and then voted to accept.
An admission that the Open Space Review has not yet landed in the arms of councillors, but officers somehow manage to include some points from the review in the report on the ABC potential land sale.

July 21, 2013

What’s Safety Worth?

Posted by gleneira under Councillor Performance, GE Governance, GE Service Performance
[13] Comments

Most readers will have seen the Leader’s articles on council’s steadfast refusal to implement CCTV cameras in Bentleigh and how this has been contrasted to the actions of Kingston. (see: http://www.heraldsun.com.au/news/victoria/glen-eira-council-wont-take-cash-for-cameras-despite-residents-support/story-fni0fit3-1226680390247

AND

http://www.heraldsun.com.au/leader/south-east/glen-eira-council-says-position-unchanged-on-bentleigh-cctv-cameras-for-two-years/story-fngnvmhm-1226681231971

Several things need to be pointed out:

As with the alcohol free zone in Bentleigh, this is another instance of repeated buck passing.
The looking of a gift horse in the mouth is unconscionable where public safety is concerned. This council repeatedly complains that it receives less in government grants than other councils. Yet, when $155,000 is handed to them on a platter, the money is refused.
The issue of CCTV cameras has now been dragging on for years.

There’s a wonderful irony that next Tuesday the Municipal Health & Well Being plan is up for ratification. Here are some quotes from this very policy which should be read in conjunction with this refusal to enact what countless other councils and government regard as ‘safety initiatives’

“Community safety

During consultations it was identified that feeling safe to go out at night would lead to more opportunities for physical activity and social activities which were both key priority areas for health.”

We are fortunate that Glen Eira residents enjoy a health status above the state average. However risk factors for our community are expected to increase with population ageing. The provision of information, services and programs and the continued provision of a safe environment enables residents to make healthy lifestyle decisions ensuring a healthy future for Glen Eira.

Council will focus activity on improving social, physical and economic environments”.

Then there are the following 2 quotes:

“A safe environment where people can live work or play has a direct impact on the community’s physical, social and emotional wellbeing (Better Health Channel, 2013).

Promoting safety and safe practices within the community can contribute to increasing the confidence of residents about safety (Victoria Police, 2013).”

And how will Council ensure that these ‘vision statements’ are fulfilled? With their usual nonsense objectives and indicators!

Objective: “Promote and implement a range of community safety information and programs during community safety month.

Measures: “Three community safety initiatives held during Community Safety Month.”

Finally, there is another issue of governance. On the 14^th August 2012, the following resolution was passed –

Cr Magee/Forge

a. That Council notes the report;

b. That Council writes to the Chief Commissioner of Police requesting the

Police review their decision not to monitor CCTV in Bentleigh

c. That a report come back to Council at the next Ordinary Council Meeting

after the response is received.

The MOTION was put and CARRIED.

To the best of our knowledge no such report has surfaced. We also find it difficult to believe that there has not been anything coming back to council, especially since the Records of Assembly report that Hyams spoke with the Minister.

We can even go back to the 18^th March 2008 when graffiti and the call for CCTV cameras in Elsternwick hit the news. The final sentence in this news report read: “Glen Eira spokesman Paul Burke said the council used CCTV cameras at problem hot spots, with the next area for focus to be the public toilets in Bentleigh.”

We do not know whether CCTV cameras are installed at the toilets. If they are, then clearly it is possible to do what is required in the interests of public safety. If they aren’t installed, then once again this council is full of promises, hot air, and no action!

July 19, 2013

Agenda: Delegations & Community Reps

Posted by gleneira under Councillor Performance, GE Council Meeting(s), GE Governance, GE Planning, GE Service Performance
[13] Comments

Agenda items for Tuesday night feature several important items

DELEGATIONS

Once again councillors are largely sidelined when it comes to planning matters and the most important powers are ceded to officers. We reiterate what we’ve said in the past:

No councillor ‘call-in’ on applications – ie. countless other councils deem it essential that a councillor be given the right to insist that a planning application be decided by a full council rather than 3 bureaucrats as happens in Glen Eira under the Delegated Planning Committee (DPC) structure
The criteria for determination remains vague and unquantified. For example: the Schedule to the DPC states that this committee may decide upon applications when “There has been significant objection/s in terms of substance or number received to an application, amendment or any other matter”. Precisely what ‘significant’ entails is of course not stated. Are we talking 5 objections, 10 objections, 50 objections? We note again that numerous other councils specify the number of objections that will automatically see the application go to a full council meeting.
There are other nebulous phrases contained in this schedule for the DPC: ‘significant departure from policy”. Again, what does significant mean in this context, and who is to decide? Certainly not councillors!
We refer readers to a previous post where the significance of such delegations is outlined in greater depth: https://gleneira.wordpress.com/2011/01/17/delegations-the-glen-eira-way/
We also note that Newton’s spending power has now reached $750,000. This amount does not require a council resolution!

COMMUNITY CONSULTATION COMMITTEE

The farce of ‘consultation’ in Glen Eira continues with the minutes for this meeting. The positions for community reps will be readvertised since according to the spin – “The committee discussed the lack of diversity of applicants in relation to young people and families and thought that it was important to seek applicants from a broader range of community members.” Strange that we happen to know of at least 2 applications from well versed residents who just happen to also be ‘family’ members with young children. Their ‘rejection’ has more to do with whom council doesn’t want representing the community voice than with whom they do want. Intelligent, articulate, and pro-community people we suspect would be anathema to the powers that be!

There’s also a paragraph on the review of the overall consultation strategy itself. We find the following particularly relevant: “In section on engagement tools and techniques include: disadvantage to meetings and forums as ‘can be dominated by interest groups, and disadvantage of social media as ‘individuals may submit multiple times’. Does this augur the demise of ‘multiple methods’ of community consultation?

Finally, the proposed terms of reference for the committee when it is eventually reconstituted with community reps includes the rider that VOTING POWER will only be granted to councillors! Reps will be selected on ‘agreed criteria’. Of course, these criteria remain top secret!

RECORDS OF ASSEMBLY

See the following as items of real interest:

“Cr Lipshutz – a development in Inkerman Road that has a Condition requiring that a laneway be properly made that will cost the developer. Asked that this Condition be reviewed.”

“Cr Delahunty – advised that she had met with the Chairperson of the Caulfield Racecourse Reserve Trust who had updated her on thek Trust’s current deliberations. Said that she understood that there is nothing preventing the Councillor Trustee members keeping the full Cpouncillor group updated on the Trust’s deliberations.”

Readers should also peruse the report on the ABC studios site and its potential sale for residential development.

PS: A very quick search has revealed some further fascinating comparisons between Glen Eira Council and its neighbours regarding the delegation to the CEO. Unlike Glen Eira, these other councils have imposed certain limitations on the powers of their CEOs. Glen Eira appears to set no limits!

Stonnington – without the concurrence of the Mayor communicated to the delegate at a meeting or conference convened by him or the Mayor for the purpose of informal discussion (http://www.stonnington.vic.gov.au/your-council/about-council/council-delegations/)

Bayside – If the issue, action, act or thing is an issue, action, act or thing which involves:

4.1 awarding a contract exceeding the value of $300,000 for an annual capital works contract;

4.2 awarding a contract exceeding $100,000 per annum for the supply of goods and services for a period exceeding 5 years;

4.3 approving a contract variation that exceeds 20% of the original contract sum, where the original contract sum is $250,001 or greater;

(http://www.bayside.vic.gov.au/10.15_Instrument_of_Delegation_to_CEO_-_2013.pdf)

Boroondara – A new power to acquire or dispose of other interests in land to the value of $500,000 or less (excluding GST) is inserted.

Under the existing delegation, the Chief Executive Officer also has the power to vary contracts which were approved by Council. The power is conditional upon expenditure limits, being: [if] the value of the contract is greater than $500,000, the aggregate value of the contract (taking into account the value of expenditure for the further term and the value of the variation) may not increase by more than or 10% or $100,000 whichever is lesser.

(http://www.boroondara.vic.gov.au/~/media/Files/Your%20Council/Meetings%20and%20Agendas/Council/20130527/Report7%20Instruments%20of%20Delegation.pdf)

Monash – Increase the maximum value of contracts that can be awarded by the Chief Executive Officer, to $250,000.

(http://www.monash.vic.gov.au/reports/pdftext/cp28may13/6.1.pdf)

July 17, 2013

Waiting, Waiting, Waiting……

Posted by gleneira under Councillor Performance, GE Consultation/Communication, GE Planning, GE Service Performance
[11] Comments

July 16, 2013

What Lipshutz Wants Lipshutz Gets?

Posted by gleneira under Councillor Performance, GE Consultation/Communication, GE Open Space, GE Service Performance
[6] Comments

What Lipshutz wants, Lipshutz gets and to hell with the cost! That’s the only plausible view that residents can take on the Conservatory Affair. Lipshutz and his mates want a café instead of restoring and maintaining the site as the previous council resolution decreed. So, all the resources of council are put at his and his mates’ disposal. For example:

A dubious and far from ‘objective’ set of survey questions
The printing of thousands of glossy sheets containing the survey
The hiring of consultants to ring people and ask the same nonsense questions
The pre-paid postage for return of said surveys
The ‘Have Your Say’ online version where even though residents are told they can “discuss ideas and opinions with the community” that option is not provided. All that’s there is the same old boring and rigged survey.

And last but not least, there’s the REPRINTING of large and prominent advertisements in the Caulfield Leader. Not once, but at least twice. Quite remarkable when considered against the advertisements for really important issues such as the Budget, the Strategic Resource Plan (SRP) or Council Plan or even the notification of the Special Council Meeting that would determine the budget and SRP. Here there was no ‘Have Your Say’; no repeat advertisements prominently placed. In short, no real attempt to do more than the legal requirement even though these ‘consultations’ are arguably the most important for the entire year.

Even when advertising the SRP in the Leader residents were only given 9 DAYS NOTICE since the ad appeared on the 28^th May and submissions closed on the 6^th June! In contrast, the Conservatory Survey is featured on council’s home page, appeared this week as part of ‘community news’ on page 2 and then a separate 3 column ad on page 4. This was a repeat of the 2^nd July advertisement (albeit smaller)!

Given all of this, we must therefore query:

How much is being spent on a really dubious consultation process on something that has already come up 3 times previously?
Why isn’t this same effort and amount spent on the really crucial consultations?
Would this emphases on publicity be different if Lipshutz didn’t fear that there would be strong opposition to the idea of granting public open space to commercial interests and as the Friends of Caulfield Park point out, the countless ‘unknowns’ as to costs of ‘development’ and the potential to destroy the heritage area of the park?
How far will council go in order to subvert and create the responses that they want and at what cost to ratepayers? Why is the ‘survey’ so reprehensively skewed?
To what extent does the principle of ‘winky pop’ apply here since both Lipshutz and Hyams have made it absolutely clear that they favour cafes and hence are they guilty of ‘pre-judgement’?
What else is there that the public isn’t being told? We repeat our earlier comments – who will pay for ‘developments’ such as roads, toilets, sewerage, lighting, outfitting kitchens, etc. And the $64 dollar question – why is one man’s wishes being pandered to to such an extent at the probable cost of tens of thousands of ratepayers’ money?

Finally, there was one resolution carried at another council recently which basically clipped the wings of administrators in that any consultation (ie hired consultants) worth over $10,000 had to come to council for approval. Not a bad idea we say!

July 16, 2013

Compare & Contrast – Again & Again!

Posted by gleneira under Councillor Performance, GE Consultation/Communication, GE Open Space, GE Service Performance
[4] Comments

COMMENT: The irony of this situation should not be lost on anyone. How ‘unreasonable’ that the land owner should want to know what the tenant has in store for their land! Pity that when council hands out carte blanche to the MRC and the Alma Club it doesn’t insist on the same processes. Instead vague, nebulous, and airy-fairy ideas that are likely to change ten times over, get the go ahead!

++++++++++++++++++

And from The Stonnington Leader –

COMMENT: Readers will remember the fiasco of the ‘debate’ on car sharing in Glen Eira. The same old arguments were trotted out – ‘let’s think about it in the distant future’. Hardly any concrete evidence was provided in the officer’s report and when it did come back to council the resolution was to look at the issue again in a year’s time. Stonnington takes it even one step further – draft papers, and full consultation with their community. Well done Stonnington!

July 10, 2013

When Is Enough, Enough?

Posted by gleneira under Councillor Performance, GE Planning, GE Service Performance
[22] Comments

July 7, 2013

Silence, Secrecy & Subterfuge

Posted by gleneira under Councillor Performance, GE Consultation/Communication, GE Planning, GE Service Performance
[15] Comments

Over the past week there have been numerous announcements about the Residential Zones and their implementation. First off the 7pm ABC News stated that Boroondara and Glen Eira were to be the first to introduce the new zones. Next came 2 Age articles where again Glen Eira was mentioned as being first cab off the rank. Even the Minister’s Media Release this week highlighted the fact that he thought that many councils would introduce the zones within 4 months.

We don’t for a second think that there is nothing to these stories. Such stories don’t just happen. They must have originated from somewhere! You don’t just pluck one or two councils out from 79! What irks us even more is that for the past year not a single statement has come out about the new zones from Glen Eira councillors or administrators – except for the formal submission. Residents have not been informed about a single thing. We do not know:

Whether there will be any public consultation – which has already been ongoing in countless other councils
Whether the shambles that constitutes Housing Diversity and Minimal Change will remain untouched?
What the available height limits will be. Remember nothing is mandatory in Activity Centres.
Whether Council will abide by the minimalist ResCode standards or attempt to introduce their own?
Or whether this council is content to rely on plans drawn up eons ago with no further local analyses and comprehensive planning – despite the burgeoning population and the growth of dwellings?

What makes us even more suspicious regarding the intent of excluding the public is that under Section 20 of the Planning and Environment Act, Council has the power to simply request the minister to authorise an amendment without formally notifying residents or seeking submissions. Further, Council’s response to 2 public questions on Tuesday night has only added fuel to the suspicion that residents will be left out in the cold and that the new zones are already a fait accompli.

One question specifically asked when council would begin its public consultation process. The answer was incredibly brief – “Council has not yet decided” and typically uninformative. The other question noted the media reports. Council’s response was that they don’t control the media. True, but when the Leader has in the past published negative articles Council was very quick to denounce and deny the articles. No denial was proffered to this question. We do not for one moment believe that nothing has been decided. And, if ‘undecided’ then what does it say about the overall planning capability of this council and getting their act together in a timely fashion? These zone reforms are important. Council has had a year to decide on the appropriate time. It is far more likely that this answer has as much veracity as countless other public statements by council. We firmly believe that:

This council will secretly and surreptitiously introduce the new zones
There will be no public consultation whatsoever
The anomalies and injustices of planning will continue

If we are right, then every single resident in Glen Eira should be outraged. The Minimal Change and Housing Diversity zoning is a failure. It is a myth that 80% of the municipality is protected. Housing Diversity areas have expanded and expanded to now include all major roads and those roads with trams. Activity centre and neighbourhood centre ‘borders’ have also grown – especially if they are anywhere near a railway line. Thus if anything, it is no longer 80/20 but a conservative 70/30. Furthermore, most high density is in these growing areas where we’ve had 8, 10 and 12 storeys approved. It is no longer a single application for dual townhouses. Blocks of land are now seen to quite comfortably accommodate 3-4 storeys and 30 units. And even in the much lauded Minimal Change, if the land is on a corner block, or happens to be a tad larger than the average, or lies a few hundred metres from an Activity Centre, then it’s become the norm for multi-unit development.

Our guesstimate is that as a result of this cramming, perhaps 50% of Glen Eira’s population now resides in these areas. Council of course hasn’t undertaken a ‘review’ of its Housing Strategy since the dark ages and it wouldn’t surprise us at all if they have absolutely no idea of population densities in each suburb. That’s the sort of work that needed to be going on over the past few years and definitely needs to be going on now – BEFORE any arbitrary zoning lines are drawn on the municipal map. If any of these figures are available, then we simply challenge this council to produce them and argue its case.

What is even more discriminatory is that these high density areas are not accorded the basics of social and environmental amenity according to this planning scheme. They lack adequate open space provision; landscaping; onsite car parking. They are also subject to greater site coverage and it is not considered too bad if 25% of dwelling don’t get natural sunlight. That is the legacy of this planning scheme and its creators. And this is what will continue if the zones are simply rubber stamped. In 2002 people did not realise the repercussions of the amendment which established all this (c25). Now it is clear to everyone. Residents must have a say on their future. If not, this council should be dismissed.

Finally, we include the consultation program that Stonnington has set out for the next few months. Its willingness to engage and encourage residents is the total reverse of what happens in Glen Eira on so many fronts.

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