Councillor Performance


We have commented numerous times on the significance of delegations and the implications of handing over total control to unelected employees. This is not to say that we expect councillors to do the work of 1000 employees – that is an impossibility and nor is it desirable. However, we do expect that the elected representatives of the people fulfil their function in proper oversight and strategic decision making. Recent controversies over sporting allocations are a case in point. Planning delegations are another instance where councillors literally do not know what is going on since most planning decisions are made by these employees with no input from councillors.

The mantra that has continually been used by this administration to intimidate and ward off councillor involvement comes from Section 76E of the Local Government Act. It reads as follows:

76E. Improper direction and improper influence

(1) A Councillor must not improperly direct or improperly influence, or seek to improperly direct or improperly influence, a member of Council staff in the exercise of any power or in the performance of any duty or function by the member.

(2) A Councillor must not direct, or seek to direct, a member of Council staff-

(a)  in the exercise of a delegated power, or the performance of a delegated duty or function of the Council; or

(b)  in the exercise of a power or the performance of a duty or function exercised or performed by the member as an authorised officer under this Act or any other Act; or

(c)  in the exercise of a power or the performance of a duty or function the member exercises or performs in an office or position the member holds under another Act; or

(d)  in relation to advice provided to the Council or a special committee, including advice in a report to the Council or special committee.

(3) This section does not apply to a decision of the Council or a special committee that is made within the powers, duties or functions conferred under this or any other Act.”

In a nutshell we are told in part 3, that Council has the power to decide what is delegated and what is not. In other words councillors have the legal authority to determine every single delegation.

The Act goes on to specify what ‘delegations’ actually are –

Delegations

(1) A Council may by instrument of delegation delegate to a member of its staff any power, duty or function of a Council under this Act or any other Act other than-

(a)  this power of delegation; and

(b)  the power to declare a rate or charge; and

(c)  the power to borrow money; and

(d)  the power to approve any expenditure not contained in a budget approved by the Council; and

(e)  any power, duty or function of the Council under section 223; and

(f)  any prescribed power.

(2) The Chief Executive Officer may by instrument of delegation delegate to a member of the Council staff any power, duty or function of his or her office other than this power of delegation unless subsection (3) applies.

(3) The instrument of delegation to the Chief Executive Officer may empower the Chief Executive Officer to delegate a power, duty or function of the Council other than the power of delegation to a member of the Council staff.

(4) The Council must keep a register of delegations to members of Council staff”.

One other section of the Act, (114) refers to the Local Law, yet there is nothing that we can identify which delegates authority to officers in regard to sporting allocations. It is also high time that planning delegations were totally revamped and processes put in place that ensured councillors had a say in DPC decision making. So, the questions must then become:

  • When will councillors show some backbone and assert their mandated authority?
  • When will this council actually be run by elected representatives rather than employees?
  • When will councillors fulfil their rightful role in representing the interests of residents?
  • When will councillors ensure that open, transparent and accountable government occurs in Glen Eira?

We’ve featured the Gardener’s Rd conversion into a GESAC car park previously. A comment from a resident’s relative has prompted us to revisit the issue. What is clear is that when it comes to fixing up council’s howlers residents do not matter. They are expendable, irrelevant, and not even worthy of “consulting” with, despite the chaos that is about to descend on their doorsteps. There has been no traffic investigation before the decision was made; no real accounting for why the original design got it so horribly wrong and no problems in suddenly finding $600,000 that is not budgeted for from a council that is cash strapped!

Here’s the comment and some updated photos.

“My parents live on Gardeners Rd, and I grew up there. My grandfather had the house built in 1952, and my Mum has lived there since then, since she was 9 years old. She was given the house by her parents, after she and Dad got married. I and my 4 siblings lived there till we grew up and moved out. I now live in East Bentleigh not far away with my family. We had the best environment as kids. Beautiful Bailey reserve across the road, and “the pools” in summer. I used to take my kids to the pools and the park too, until recently. We were all devastated when we finally lost the 15 year fight to save the pools and GESAC was built. I hate it. I will never go there, and neither will my kids. We call it BALLSAC. We watched in horror as it was built, half the reserve was turned into a carpark, and the playground was removed and replaced with the junk that’s there now. It’s been devastating to see this happen. And now…NOW… they’re carving up the whole street and turning it into a carpark!!! Right in our street, right outside our house. Mum and Dad, and all of us, and all the neighbours, are devastated. Mum and Dad say they are going to sell up and move, out of sadness and disgust. They were never consulted, no-one in Gardeners Rd was. I’d like to ask the councillors, “How would you like this done to YOUR street? Outside YOUR house?”. What a bunch of (MODERATORS: word deleted). I’m so upset but feel powerless to do anything. Is there ANYTHING that can be done? Can we stop it, get an injunction? Does anybody know? We need legal help. I really can’t believe it and I’m so so sad. This is breaking the hearts of so many people and the Council doesn’t give a shit. What has the world come to? If anyone has any ideas or some legal skill please reply.”

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The committee appointed to ‘investigate’ the proposed new zones has had its report finally made public – together with the government’s response. A quick perusal of the documents indicates that nothing major has changed. What is unique about this ‘consultation’ is that there were 2,083 SUBMISSIONS – surely a record! It’s also worth noting that at the last parliamentary sitting the government promised to table ALL submissions by February 5th. Yesterday’s Hansard records a letter from Matthew Guy which states in part: “Regrettably, the Government is not able to respond to the Council’s resolution within the time period requested by the Council. The Government will endeavour to respond as soon as possible.”!!!

We urge all residents to read the documents contained in the Media Release below since it is a foregone conclusion that Glen Eira Council’s mandatory ‘consultation’ process will be the typical rubber stamping process that has occurred time and time again.

Reformed residential zones bringing new certainty to Melbourne’s neighbourhoods

Tuesday, 05 March 2013

Sweeping reforms of residential planning zones are one step closer as Planning Minister Matthew Guy announced the Victorian Coalition Government’s final details on the reform of Victoria’s residential planning zones.

After a detailed consultation process with over 2,000 submissions from individuals, businesses, councils and community groups, the Coalition Government will now establish the three reformed residential zones on 1 July this year.

A key feature will be the new Neighbourhood Residential Zone which will be the strictest planning zone in Australia, aimed at protecting existing suburbs’ neighbourhood character.

“The Coalition Government’s reforms to residential zones reflect what communities have been calling for, for many years – certainty for neighbourhoods and protection from inappropriate development,” Mr Guy said.

“These reforms will protect what Melburnians love about Melbourne. Our streetscapes, our amenity and our liveability which are too valuable to ignore.

“At the same time the new zones will clearly define the appropriate locations where growth and density should occur,” Mr Guy said.

The Coalition Government’s Ministerial Advisory Council (MAC) on zone reform has suggested a number of improvements to the residential zones as initially proposed last year, to ensure the protection of community amenity and provide clearer rules and greater certainty for the community.

“The improvements recommended by the MAC further protect residential amenity and neighbourhood character and are supported by the Coalition Government,” Mr Guy said.

“Today’s announcement is about the right development in the right locations and the package of residential zones will deliver this for local communities.”

The new Neighbourhood Residential Zone will provide the strongest protections for local neighbourhood character for the first time in Victoria’s planning history. Key features of the zone include:

  • implementing local neighbourhood character policy to provide increased weight to local planning policy;
  • limiting increased residential development through lot size restrictions; and
  • providing an eight metre mandatory height limit.

In contrast, the Residential Growth Zone will be applied in areas determined appropriate for increased growth and density and provide for medium density developments.

Minor commercial uses will be permitted in the Residential Growth Zone to provide additional local services to the population, subject to strict conditions.

“Local communities will now know and clearly understand where growth can and will occur, unlike the previous haphazard approach that was allowed to foster under the previous Labor Government,” Mr Guy said.

“Importantly, these zones will be at the discretion of local council and it will predominately be the view of the local community that informs which zone should be applied where.”

The Coalition Government will work with local councils between March and May to further develop the implementation procedures and criteria. The Department of Planning and Community Development will also provide technical assistance to local council’s in implementing the residential zones.

Implementation of the residential zones will commence on 1 July 2013 and will be completed over a 12 month period.

A copy of the MAC report and the Coalition Government’s response can be found at: www.dpcd.vic.gov.au/planning/reszones

PS: An email from a reader –

Mailand/ Architektur/ Bosco Verticale

At the outset we wish to state clearly and unequivocally that we have no interest in football allocations per se. What does concern us is the lack of transparency in any of the decision making that surrounds sporting ground allocations. The article at the conclusion of this post comes from today’s online version of the Australian Jewish News. It is quite feasible to draw the conclusion that this is ‘pay back’ for the Ajax – Caulfield Bears saga of last year in that Ajax did not get their sought after allocation.

As stated above, we have no problem with this. What is a huge problem is:

  • All is left in the hands of Burke and his underlings with no need for accountability, nor transparency
  • There is no POLICY that is in the public domain
  • There is no published criteria to account for the decision making
  • Councillors are out in the cold with no role, no say, no nothing
  • Such ‘secret’ and unilateral decision making is fraught with danger and the real potential for nepotism, secret deals, intimidation, and woeful decision making as with GESAC.
  • Councillors MUST PUT A STOP TO THIS if their credibility is not to go completely out the window!

By way of contrast, here is part of the Banyule Sporting Allocation policy where the criteria used to decide who gets what is public and easily accessible –

criteria

Numerous other councils don’t seem to have any problem whatsoever in publishing their policies. As always, Glen Eira keeps everything under wraps – that’s if it even exists, and if it does, the promises in the Community Plan to publish ALL council policies are not adhered to. Here are some other Councils’ URLs for residents to check out –

http://www.banyule.vic.gov.au/Assets/Files/14457%20Sporting%20Reserves%20Allocation%20Policy%202011-2014.pdf

http://mvcc.vic.gov.au/experience-moonee-valley/sports-grounds/~/media/Files/Experience%20MV%20Documents/Sports%20club%20information/2010_11_Seasonal_Allocation_Policy.ashx

http://www.bayside.vic.gov.au/Sportsground_allocation_policy.pdf

http://whatmattersmanningham.com.au/document/show/63

http://www.moreland.vic.gov.au/mccwr/publications/policies-strategies-plans/policy%20-%20council%20resolved%20-%20allocation%20of%20sporting%20grounds%20and%20pavilions.doc

http://www.boroondara.vic.gov.au/freestyler/files/Draft%20-%20Sportsground%20Allocation%20Procedure.pdf

Governance is at an all time low in this council as we’ve repeatedly stated. This is just another example of why drastic change is required.

AJAX allocation battle resurfaces

March 4, 2013

IN a major blow for the AJAX Football Club and the local Jewish community, Glen Eira City Council has denied the club from relocating to Princes Park, instead granting access to Old Haileybury’s Thirds and under-19 teams.

AJAX president Ian Fayman expressed his disappointment at the decision, pointing out that even though the club plays in a different municipality to the juniors, it deserves the right to function as one club at the same home ground.

“The argument is that the seniors and juniors are different clubs,” Fayman told The AJN.

“But they have the same jumper, the same sponsors and the same logo, and the community sees them as one club.”

Fayman accepted that the re-allocated club must be from within Glen Eira, but questioned why the opportunity to join the juniors and seniors was overlooked.

“If an allocation has to be from within the Glen Eira municipality, why is it not AJAX?” Fayman asked.

“It’s the most obvious decision that the junior club should have its senior teams at the same home ground to make a strong pathway, which is a policy of AFL Victoria, and so that the local community can follow.”

In response, council spokesman Paul Burke said that the main reason AJAX was overlooked is because it is based in the Port Phillip municipality.

“As the AJAX [senior] Football Club is not a tenant in Glen Eira, council did not contact them in relation to the coming football ­season, just as council did not contact other clubs that are tenanted outside of Glen Eira,” Burke told The AJN.

“[And] to ensure that sports fields can sustain the wear and tear from match play and training, existing tenant clubs are sometimes required to use grounds other than their home grounds for either training or matches.”

The other major disappointment for Fayman and the club is that no public expression of interest was undertaken, which he said the council committed to in a previous letter to an AJAX representative.

The question is, why a public and very transparent process was not implemented,” Fayman said.

“It cannot be accepted that a decision has been made without a public process.”

He also noted the success of last year’s community day, which attracted around 1500 people,  as an indication of public support.

“The key example is the community day, where the local community wanted AJAX to be there,” Fayman said.

“We have 72 per cent of our members as voters in Glen Eira, and where do Haileybury’s members reside? Yes they are an internal club in Glen Eira, but their school is based in Mentone.”

PS: And here’s the Leader take on the story –

Ajax Football Club denied the chance to reunite juniors and seniors at Caulfield

  • Andrea Kellett
  • March 05, 2013 12:00AM
Ian Fayman and Eugene Routman .

President of the AJAX Senior Football Club,  Ian Fayman with player, Eugene Routman. Picture: Paul Loughnan, Leader

AJAX Football Club is furious its seniors have been denied a move to Princes Park in Caulfield.

The club says it was trying to unite its junior and senior players in Caulfield but Glen Eira Council has overlooked it in preference for another amateur club’s third team.

The council has given the Saturday tenancy to Old Haileyburians Amateur Football Club.

AJAX Senior Football Club president Ian Fayman wants the council to review its decision, hold a public forum and consider shared tenancy at Princes Park.

“AJAX juniors and seniors have the same logo, the same jumper, the same ethos, the same community base,” he said.

“Speak to anyone in Glen Eira and ask is it one club or two and everyone would say, ‘Of course it’s one club’.”

AJAX juniors have trained and played at Princes Park for two decades, while the seniors train and play outside the municipality, in Albert Park.

The club has long wanted to have its senior in the Caulfield area.

Glen Eira Council does not consider the seniors an “existing” tenant.

AJAX controversially offered another club, the Caulfield Bears, $175,000 last year to leave Princes Park so it could play there. The money was never paid.

The council’s community relations director Paul Burke said the council proritised the needs of Glen Eira clubs first.

“AJAX Senior Football Club is not an existing winter tenant in Glen Eira and has never been a tenant in Glen Eira,” he said.

In a letter to Glen Eira Council, Mr Fayman said the council had reneged on a promise AJAX would be consulted about the new ground allocation.

“The AJAX Junior Football Club, which is the current existing tenant on Sunday of Princes Park, was not given any opportunity to make an application for Saturday ground allocation,” he wrote.

“We believe AJAX FC is the local community football club that represents the local community interests and should have at the very least been given the opportunity to make a formal application to have its senior teams play from the same home ground.”

Mr Burke said the council had not called for “new” tenants.

“Council is not offering a new tenancy.

“We are accommodating the requirements and needs of existing tenants,” Mr Burke said.

AJAX Junior Football Club president Daniel Antman said as long as the council considered the seniors an outside club the dream could never be achieved.

“AJAX is one of the few clubs in the region that has a senior club based outside the region, for reasons beyond our control and desire,” he said.

Old Haileyburians Amateur Football Club did not wish to comment.

COMMENT: ‘New tenants’ is an interesting phrase to say the least! The Old Haileyburians are fielding an entire ‘new’ team – the thirds! The game of semantics is alive and well in Glen Eira! See: http://www.sportingpulse.com/club_info.cgi?client=1-3232-36895-0-0&sID=61506&&news_task=DETAIL&articleID=22252086

We have literally had a gut full of the way this council treats its residents in terms of their responses to public questions. Whilst falling legally short of outright lies, each response is deliberately vague, misleading, irrelevant to what was asked, and totally non-informative. Residents have to read between the lines in order to come within cooee of the truth.

What is even more offensive is that 9 councillors sit there in total silence and accept these carefully crafted works of fiction without anyone questioning the content of the responses. That is not what these people were elected to do. They have a legal and moral responsibility to provide sound oversight of council operations. That includes ensuring that everything that goes out in their name is accurate and bona fide. Moreover, it is their responsibility to ensure that what residents were promised over a year ago is delivered. They are also responsible for ensuring that council resolutions are in fact carried out! (more on this in a moment)

In this post we will examine several of the public questions asked at the last council meeting and illustrate why residents should be outraged at the duplicity of the responses and the failure of these councillors to ensure that open and transparent government occurs at Glen Eira.

QUESTION 1 & 2 ON GESAC BASKETBALL COURT ALLOCATIONS

There were 2 different questions demanding answers on what was promised in December 2011 – namely that the GESAC court allocations would be ‘reviewed’ in a year’s time. Pilling on his blogsite had this to say when the decision to award the WARRIORS the contract was made 15 months ago – “This allocation is for twelve months – There needs to be a far better process in place next year to prevent this unfortunate situation occurring again”. (December 15th, 2011) We’re now well past 12 months. Not a murmer from council about reviewing anything or undertaking a new season’s allocation!

Below are the questions and to save space we will only include one of the ‘answers’ SINCE THE SECOND RESPONSE WAS A VERBATIM REPEAT OF THE RESPONSE TO THE FIRST QUESTION MINUS THE FINAL PARAGRAPH REGARDING FEMALE PARTICIPATION. We therefore have the totally farcical situation where two different questions are asked but they each receive an almost IDENTICAL ANSWER!

QUESTION 1 –

With limited basketball courts available throughout Glen Eira can Council tell ratepayers when the seasonal allocation process, spoken of in the December13, 2011 minutes, will begin for the 3 court GESAC facility. If not why then are girls not given the opportunity to play domestic basketball at GESAC?”

 

QUESTION 2 –

“Can council please inform me of why the twelve month seasonal allocation for the use of GESAC basketball courts is no longer a process being adopted. In the minutes dated 13/12/2011 seasonal allocation is referred to as the on-going process for future allocation. Further to this question , who has made this decision and can an accurate audit be done on the finances of the basketball operation as per the contract originally agreed to with the occupying basketball association.”

 THE ‘RESPONSE’

“As advised at the Council Meeting on 24 July 2012, the indoor courts at GESAC are multi-use. They cater for netball, basketball, indoor soccer, badminton, development programs, all-abilities programs, gym classes and more.

GESAC opened at short notice. The builder advised of Practical Completion on 3 May 2012 and GESAC opened to the public on 7 May 2012.

Most sports played in the indoor stadium are team sports which are played in Seasons. As it was, GESAC opened mid-season. The agreements with sports recognised that full utilisation would arise from the start of the Season after GESAC opened.

The seasonal allocation process for GESAC based sports will be undertaken in a similar manner to the allocation process that is undertaken for other sports with seasonal allocations in Glen Eira.

Girls are given the opportunity to play domestic basketball at GESAC. I have been advised that there are currently 120 girls of various ages in the Warriors Basketball Program. GESAC has more than 10,000 members. A majority of members are female.”

COMMENTS: Sifting through the meaningless verbage of this answer, we find the truth! It is contained in this single sentence –“ The seasonal allocation process for GESAC based sports will be undertaken in a similar manner to the allocation process that is undertaken for other sports with seasonal allocations in Glen Eira.” In other words, the promises made over a year ago will not be acted upon, much less fulfilled. The Warriors will have permanent allocations – unless they fold!  Our questions then become:

  • Who made this decision? When was it made? And why is this not ratified by council?
  • Why is there still no definitive answer as to whether ratepayers are in fact subsidising the current court usage or, whether the current occupiers of the courts are fulfilling the complete terms of their contract?
  • It is entirely disingenuous to compare the GESAC basketball courts and other sporting ground allocations in the same breath. They are NOT IDENTICAL. GESAC allocations represents a formal contract involving the payment of monies on a regular and weekly/monthly basis. Other sporting allocations we believe simply require a ‘permit’ and money is handed over at the start.
  • Much of question 1 and 2 remains unanswered. Not a word about financial audits, and not even one single word about ‘when’ the new allocations for anything will start! And not a single word about who is responsible for deciding that GESAC and a game of ‘organised’ frisbee are identical and will be treated identically!
  • Under what precise piece of legislation are officers granted the right to make such unilateral decisions? Where in the delegations is this signing over of authority documented?
  • Why are councillors so incapable of simply moving a motion that states clearly that GESAC basketball court allocations will be decided by council resolution!
  • And why oh why do these 9 councillors allow such garbage to go out in their name without the semblance of public protest?

Burke read the petition. Lobo spoke first and said that since Lipshutz, Hyams and Esakoff are ‘mentioned’ in the petition that he ‘believed there is a conflict of interest’ and that these individuals shouldn’t be in the chamber when the petition was being discussed. Hyams responded that since Lobo’s comments ‘didn’t relate to the running of the meeting’ that this wasn’t a point of order. Hyams went on and said that he trusts that ‘the next time you put your hand up for a committee’ or deputy mayor or mayor that he would declare a conflict and leave the meeting.  Delahunty moved to accept the motion and Magee seconded.

DELAHUNTY: short and sweet and basically moved to accept

MAGEE: said nothing

HYAMS: thought that the petition was ‘pathetic’ and didn’t want to ‘set a precedent’ where ‘we’re rehashing council decisions because some people don’t like it’ and that would lead to petitions on all council decisions.Said that the government appointed the 3 councillors ‘who came first in their wards’. Read out the numbers of first preference votes for each of the three councillors that people ‘are happy to have those councillors representing them’ and ’64 people come along and think they are more important’ and this ‘shows at the very least an exaggerated sense of their own importance’. Went on to say that it was ‘very sad’ that people can be ‘so spiteful’ and that he knows what’s ‘behind it’ and the ‘people behind it’ and it doesn’t ‘surprise’ him at all.

LIPSHUTZ: said the petition was ‘ridiculous’ but that ‘when any member of this council’ is appointed that they’re appointed as ‘representatives of council’ and ‘we in fact act on behalf of the community’. Spoke about the Leader article and Magee and ‘what he tried to achieve’ and that was following council policy and he’s (Lipshutz) asked for the same things since ‘2005’. This wasn’t ‘something new’ it was what ‘council has approved’. Council doesn’t want training at the racecourse which is what Magee was advocating and it’s what council wants too. The petition is ‘ridiculous’ and just ‘shows the small minded people’…’we’re councillors and we’re here for the benefit of the community’. People mightn’t like every decision but the choice is ‘vote us out’. Voters had ‘confidence’ about all 9 councillors and even though they’ve got different views on things ‘we are a councillor group as one’ and as trustees they ‘will be there to support the community’

PILLING: said that this is the first time he’s had a petition like this which ‘is really a personal attack’ and ‘defamatory’. Thought that there are time when ‘you should draw a line in the sand’ on ‘what’s fair, what’s reasonable’ and that council needs to have ‘some standards’ so in that context he won’t be supporting the motion.

LOBO: fully understood what Hyams had said and that ‘i’m a councillor as well’…’I didn’t feel too happy when you said there are no grounds’. Mentioned ‘freedom of speech’ and ‘freedom of choice’ and the importance of saying what one feels and that’s why he’s been put in this council by Tucker Ward residents

ESAKOFF: wasn’t going to speak and doesn’t want to give this ‘any further oxygen’ since it doesn’t ‘deserve any’. The petition is ‘vexatious’, ‘nasty’. ‘Unfortunately it’s been moved and seconded’ whereas she would have preferred for this to ‘lie on the table’

DELAHUNTY: felt obligated to move the petition since it’s ‘come before us in the proper manner’ but ‘accepts’ that those councillors named may find it ‘vexatious’. Lipshutz made a good point about acknowledging the work of Magee in that ‘he certainly brought matters to the fore’ and ‘raised the profile of the MRC’ in the community. She hoped that the new trustees would be able to ‘carry on that momentum’ and that the community ‘would like to see a review of the trust structure’

MOTION PUT. IN FAVOUR OF ACCEPTING PETITION – DELAHUNTY, MAGEE, LOBO
AGAINST: Hyams, Esakoff, Lipshutz, Pilling, Sounness, Okotel

crr

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

A petition of 60+ signatures was submitted for tabling at tonight’s council meeting. It reads:

“TO HIS/HER WORSHIP THE MAYOR AND COUNCILLORS OF THE CITY OF GLEN EIRA IN COUNCIL ASSEMBLED

This petition of certain residents of the City of Glen Eira draws to the attention of the Council the recent nomination of 3 councillors (Crs.Hyams, Lipshutz, Esakoff) as Trustees to the Caulfield Racecourse Reserve. We do not believe that these individuals are suitable candidates to adequately represent the interests of the community.

Your petitioners therefore pray that Council writes to the Minister requesting a revision of this decision and the appointment of different councillor representatives. And your petitioners will ever pray.”

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

southwick

Source: http://www.davidsouthwick.com.au/funrun/

PS: AND NOW CRYING POOR!

Melbourne Racing Club struggling to profit from racing activities

  • by: Rod Nicholson
  • From: Herald Sun
  • February 26, 2013 12:00AM
Miracles Of Life

Melbourne Racing Club is owed money from Nathan Tinkler for his sponsorship of the Blue Diamond Stakes. Picture: Wayne Ludbey Source: Sunday Herald Sun

AUSTRALIA’S wealthiest race club will report a record profit at the end of the financial year – but a massive loss for its racing activities.

Melbourne Racing Club, which runs Caulfield, owns Sandown and is in partnership with Victoria’s biggest country club, Mornington, lost $5 million last year and is heading towards a $6 million loss this year from racing.

The purchase of eight profitable hotels with gaming facilities, on top of its two massive enterprises at Caulfield and Sandown, will provide the record profit.

The club has spent millions of dollars kick-starting a new precinct, branded Caulfield Village, which will have 340 residential units, a supermarket, specialty shops, professional services, restaurants and cafes.

It has already been paid a sizeable sum this year, boosting its profits, and anticipates massive financial rewards when the precinct is completed in 2017-18. But the club is so concerned with its racing activities, treasurer Brodie Arnhold has taken on the full-time responsibility of investigating every department in a bid to curtail costs.

The money woes have been compounded by the lack of payment of sponsorship by mining magnate Nathan

Tinkler for his Patinack Farm’s naming rights to Saturday’s Group 1 Blue Diamond Stakes.

He is yet to pay what club chairman Mike Symons describes as “significant and substantial money”.

Tinkler, now having finished the last year of a three-year deal, was not bound to pay until after Saturday’s event.

The club is already talking to prospective new sponsors but remains hopeful Tinkler will honour his agreement.

Symons said the club had three areas of operation.

“The investment in gaming and other activities is highly profitable, and we have received money from our investment in the Caulfield Village,” he said.

“We will deliver a record profit for 2013, but the costs of our racing are getting out of control and we need to make that side of the business as efficient as possible without sacrificing our service to patrons.”

The club recently spent spent millions upgrading the Caulfield racetrack.

It also spent millions merging with Mornington Racing Club.

Whether pure coincidence given the recent announcement of the new councillor MRC trustees, or simply superb timing, the groundwork for the MRC is being rapidly put in place. Tuesday night’s council meeting features Item 9.3 – subdividing the land that will basically consist of the C60 into 9 lots.

The Officer’s Report tells us:

  • No public notice is required for this subdivision
  • “This application is a separate planning application from Amendment C60. There is no development proposed under this application. The intention behind this application is to tidy up the several land titles. Separate planning approval is required in the form of a “Development Plan”. This process will include a 28 day community consultation period. To date, no development plan has been submitted.”

The information accompanying the recommendation is barely half a page! Residents, thanks to the gang and the Racecourse Special Committee, are stuck with the ‘Incorporated Plan’ prepared by the MRC. We are still no closer to knowing whether the ultimate ‘Development Plan’ will consist of 20 storeys, 23 storeys, 1200 units, 1500 units, etc. The ‘incorporated plan’ that was included with the C60 Amendment is short on detail, and big on euphemisms, spin, and vagueness. We remind readers of some of these statements:

The scale of buildings in the Mixed Use Precinct can be described as ‘urban’ in character, emphasizing the vertical aspect of the buildings. Retail, residential and commercial uses and off street parking will be accommodated whilst maintaining an appropriate scale and activation of street frontages

Passive design strategies that take advantage of unassisted cross-flow ventilation and building orientation to manage thermal comfort are encouraged, particularly in residential buildings.

The street edge on the western side of The Boulevard will have transitional periods of sunshine during the day in winter and street activation such as outdoor dining is encouraged.

The Smith Street Precinct is capable in urban design terms of the highest level of development. The Smith Street Precinct will be a ‘bookend’ to the higher buildings located to the north of the railway line.

The scale of buildings in the Smith Street Precinct can be described as ‘urban’ in character and scale. As such the building envelopes, setbacks and height must encourage the creation of good urban form

But there’s even more important things to consider now that things are up and running. This Council has literally dropped the ball on so many development issues that it is frightening. There is no vision, no views on the future, and no proactive involvement by the community and councillors. Everything has been left in the hands of developers and council remains the compliant hand-maiden.

We urge readers to check out this website. http://www.dpc.vic.gov.au/index.php/featured/infrastructure-australia-update/ia-appendix. This is the blueprint for the future. At least half of the projects outlined here will have a direct and detrimental impact on all the residents of Glen Eira. Yet, where is the council view? Where is the vision? And where is the consultation and planning with the community? Yes, this is all in the future, but it is essential that planning takes place now.

We point out again that in stark contrast to other councils, Glen Eira has:

  • Dropped its Development Contributions Levy – so what will the MRC ‘contribute’ to the public purse on this project? Readers should check out this document from Stonnington and how they go about a major project. Every single cent that is to be levied is depicted, explained and justified. Nothing like this has ever existed in Glen Eira – or at least it’s not made public.
  • When will the MRC hand over the Open Space Contributions for the C60? Why isn’t there one single word about this in the officer’s report? As a ‘major development’ other councils attract an 8% levy. According to the C60 Glen Eira was bought off with a mere 5%. Why?
  • Why can the Moonee Valley Raceclub submit a Master Plan for the Principal Activity Centre and that Council fight tooth and nail to protect residents, even taking on the Minister. See: http://mvcc.vic.gov.au/planning-and-building/major-developments/proposed-major-developments/draft-master-plan-and-rezoning-proposal-from-moonee-valley-racecourse.aspx
  • Why do they see fit to have residents as participants in all working parties and Glen Eira does it all via 4 specially selected and obedient councillors?

The farce of the entire Glen Eira approach to development is exemplified by one item from the current VCAT Watch. It concerns what was initially an application for a 14 storey development in Glen Huntly Rd that readers will likely remember. Newton at the time declared a conflict of interest because he lived close by. Council resolution was permission for 7 storeys. Naturally the developer went to VCAT, got his ten and then put in amended plans for 11 storeys! THIS WAS APPROVED BY THE DPC!!!!!!! So we have the ludicrous situation that councillors vote for 7, and it ends up as 11 on the vote by employees! And Hyams still has the gall to argue against height limits!

The writing is definitely on the wall. Unless there are drastic changes within Glen Eira such as structure plans, height limits, an open space levy that applies across all districts in Glen Eira, and a real interest in the Public Realm, then this municipality is ripe for the picking and will definitely become the new Calcutta!

PS: Off topic, but we thought readers would be interested in the photo below –

crr

PPS!!!!!!

racecourse

Untitled

The folly of GESAC is about to come back and bite residents really hard. Faced with a $7.1 million bill for employee superannuation, councils have the choice of paying their share off in one lump sum or spreading the repayments out over 10 or 15 years. Glen Eira, because of GESAC, would not have this choice we believe. By borrowing $25 million they are already over committed and no bank in its right mind would lend them any more. The result is that in all probability Glen Eira will be paying off its dues over the extended time period. That means more money down the drain in interest and an inevitable huge rate hike to meet all the bills.

Other councils such as Bayside ($5.1 million) and Nillumbik ($4.78 million) and probably countless others are endeavouring to pay this amount off in one hit. Both will borrow in order to avoid unnecessary expenditure on interest – but they are capable of doing this. For Glen Eira, we would wager that there is not this option. Instead we will be facing years upon years of endless interest repayments.

Serious questions need to be asked about the financial management of this council. Why is there no substantial ‘nest egg’ to cover such unexpected emergencies? Why have all our eggs been placed in the suspect GESAC basket, and now everyone’s got egg on their faces! Why in this cash strapped council that was designated as ‘high risk’ less than a year ago and has only managed to climb up to ‘Low risk” by delaying Duncan McKinnon for over a year, plus other capital works programs, do we have to witness the pathetic squabbling over whether to spend $16,000 for a lolly pop person or other safety measures for our kids? Yet, there’s no problem in finding another $1.5 million for car parking at GESAC.

By our reckoning this council will be facing an interest bill of at least 3 to 4 million dollars per year for the next 15 years.  This figure is based on the Nillumbik calculations and the document which was sent to all councils with their individual calculations. (uploaded here) .We have to wonder whether councillors even got to see this paper? Here’s the important page based on Nillumbik’s share of $4.78 million. When the maths are done for $7.1 million then the interest is astronomical.

Pages from August_2012_OCM116-12_Defined_Benefit_Attachment-2

What is required is the complete tearing apart of all financial records by a government appointed forensic accountant. More importantly a full blow by blow costing for every single nail that has gone into GESAC. We have absolutely no idea of how our money has been spent, nor how much it costs to keep this place running on a daily basis, nor how many members have not resigned once the novelty has worn off, nor how many staff are being paid for by residents, nor how much subsidy the Warriors are receiving from ratepayers. The questions are multitudinous and the responses non existent. That is councillors’ jobs – to not just ask, but demand and then to ensure that residents know exactly how and why their funds have been spent in this unaccountable and non-transparent fashion!

For starters no amount of spin, bluff and bluster can hide the fact that GESAC has incurred additionals costs that have never been either reported upon, nor directly associated with its construction. We highlight just a few:

  • Lawyers for the ‘liquidated damages’. What happens when council is perhaps found liable to pay the difference, plus punitive damages, plus more interest?
  • Why isn’t the construction of an electricity substation, plus road works and traffic lights included in the ‘construction costs’? The figure of $41.2 million is thus not only disingenuous, but totally bogus when one considers the money that has been forked out to facilitate the actual ‘construction’.
  • What are the insurance costs? why the need for a higher purchase agreement?
  • What are the heating, cooling, cleaning, maintenance, etc. costs? How much does this tally per day, per week, per month?

Over to you councillors! Do you have the courage?

Media Releases 2013

Council submission on VCAT fee regulations

18 Feb 2013
Stonnington Mayor, Cr Matthew Koce has made a submission to the State Government Department of Justice on behalf of Stonnington Council in relation to proposed VCAT fee increases.

The submission responded to the Regulatory Impact Statement for proposed VCAT fees regulation, released in December 2012.

Cr Koce said: “Council is concerned that several of the fee increases proposed appear out of step with the key objectives of the Victorian Civil and Administrative Tribunal which is to provide the community with access to a civil justice system which is both accessible and cost-effective.

“In particular, fee increases for ‘objector appeals’ and mediation will be particularly hard on ordinary residents, who unlike property developers, are unable to claim the cost of VCAT fees as a tax deduction or business expense. These proposed fee increases are substantial and risks placing the justice system beyond the reach of many Victorians.

“Cost-effective dispute resolution is, and must remain, a fundamental objective of VCAT because VCAT was established to provide affordable and fair access to justice for the whole Victorian community.”

Mayor, Cr Koce said: “Council is concerned that the Regulatory Impact Statement mentioned VCAT could introduce mediation fees – to be set at a level equivalent to 45 per cent of the estimated cost of carrying out the activity.

“Increased fees should not be imposed for mediation. Mediation provides a useful tool in resolving issues without the formality of a hearing, coupled with obvious time and cost savings to all parties. Increasing such fees may dissuade participants to utilise this option.”

However, no objections were proposed in relation to VCAT fee increases for major cases, large scale developments and enforcement orders relating to breaches of the Planning Scheme.

Cr Koce said: “The fee increases for some permit applicants appear relative to the cost of a larger development. It is considered appropriate that this fee is increased based on the cost of the development (i.e. increasing after both $1m and $5m) – which is generally proportionate to the resources required to deal with the matter.”

He said that in terms of Enforcement Orders, Council took no objection to a fee increase as Council can recoup such costs as part of such applications to the Tribunal (in the instance of successfully being able to establish a breach of the Planning Scheme).

The submission letter is available on the Stonnington website at www.stonnington.vic.gov.au/news-and-information/whats-new
Media Contact: Media and Communications Coordinator T: (03) 8290 1113 M: 0408 523 708

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