Councillor Performance


ps review geSource: http://www.gleneira.vic.gov.au/Planning-and-business/Strategic-Planning/Planning-scheme-policies-and-strategies#Review-of-the-Glen-Eira-Planning-Scheme-3

PS: the above page has now disappeared entirely from council’s website! Instead of removing the incriminating evidence, surely it would not have been that hard to state – “Apologies, we were wrong”!!!!!!!!!!

This is totally unbelievable. Either it is the most blatant lie ever perpetrated by this council, or it reveals how little credence is given to good governance and adhering to directions issued by the State Government.

If a planning scheme review was in fact undertaken, then Council is obliged according to Planning Practice Note No. 32 (uploaded here) to:

  • Consult with the community
  • Table a report to a full council
  • Forward their review to the Minister

Readers should note that no Record of Assembly minutes contained any reference to a Planning Scheme Review. No documents have been tabled in council. No councillor has uttered a single word about a review.

If, on the other hand, no such review has been undertaken then what is up on council’s website can only be seen as an attempt to deliberately mislead the public. It should also be remembered that in response to a public question dated 8th April 2015 which asked when Council would be undertaking a full planning scheme review, the response provided was –

Council will undertake a review of its planning scheme once the State Government has completed its comprehensive review of both the State and local planning policy frameworks. The State Government review will help to guide Council’s future planning scheme review.

Other Councils are also awaiting the completion of the State Government review before undertaking their respective planning scheme reviews.

Council will undertake public consultation of the next planning scheme review in accordance with the requirements of the Planning and Environment Act 1987.”

Thus we have two clear possibilities. Either the statement on council’s website is another example of deliberately hoodwinking the public, or a ‘review’ was carried out but without adhering to best practice and most importantly, letting residents know. Either way, this is totally unacceptable.

 

A very strong rumour is making the rounds that Okotel has resigned from Glen Eira Council to pursue her hoped for parliamentary career. We are confident that readers will have a view as to her contribution to this municipality in the three plus years she served as a councillor.

On another issue, last night saw the unanimous vote on the Sounness moved motion regarding ‘noise pollution’ emanating from the Caulfield Racecourse and their ‘music events’. Interestingly, Sounness’ motion was in part for council to ‘liaise with Stonnington’. Subsequent events reveal in glorious technicolor the difference between Glen Eira City Council and Stonnington City Council. The latter has no issue with alerting community groups as to the upcoming events. In Glen Eira, there is silence. Thus residents have to find out for themselves, or from their neighbouring contacts.

Below is the email sent from the MRC’s ‘consultants’ to Glen Eira officers. We have also uploaded their flyer for this event. Questions galore need answering – what will council do to ensure this event is within EPA noise guidelines? Will officers be attending? Will council ensure that traffic wardens are available at 10pm so that attendees can leave the grounds in an orderly fashion? Will they be pursuing this issue with the Minister, the police, the Trustees, or as per normal, keep passing the buck onto everyone else?

From: Dartmoor Consulting Group [mailto:a.young@tpg.com.au]

Sent: Wednesday, 16 March 2016 11:07 AM

To: John Bordignon; shane.cashman@police.vic.gov.au;

SEMRCommunityResilienceCommanders@mfb.vic.gov.au; Keith Franklyn; Ron Torres

Subject: RE: PUBLIC EVENT NOTIFICATION FOR THE CAULFIELD RACECOURSE – NOVEL CONCERT – SATURDAY 19 MARCH 2016

To Whom It May Concern,

Please find attached relevant details pertaining to the above forthcoming public event to be conducted at the Caulfield Racecourse on Saturday 19th March 2016.

Should you have any queries or require any additional information in relation to the scheduled event prior to or during please don?t hesitate to contact me directly at your convenience.

Best Regards

Andrew Young

DIRECTOR

DARTMOOR CONSULTING GROUP PTY LTD

Public Event Compliance/Management Consultants

Project Facilitators

Private Building Surveyors

Postal Address: P.O.BOX 165 : GLEN IRIS VICTORIA : 3146 AUSTRALIA.

Mobile Number: 0412 118 337

Email Address:

a.young@tpg.com.au

PUBLIC EVENT NOTIFICATION  NOVEL CONCERT -  SATURDAY 19 MARCH 2016 @ CAULFIELD RACECOURSE.-3_Page_1

cr

Once again the ineptitude of this planning department and councillors is writ large in another VCAT judgement. Councillors grandstand by refusing applications when the number of objectors is large and then wash their hands of the matter. They can then continue to pretend that nothing is their fault but all blame needs to be sheeted home to VCAT – instead of doing what they are supposed to. That is, ensuring that the Planning Scheme is up to date, and all loopholes are closed off. In other words, reviewing the scheme and introducing appropriate amendments and incorporated documents where necessary.

Nor can the planning department escape public criticism. We’ve already had decision after decision where the VCAT member points out that a policy expired in 2007 and has never been renewed. Yet officers, or well paid ‘consultants’, front up to VCAT and argue on the basis of a non-existent clause! Ratepayers of course fork out tens of thousands in defending cases that have not a hope in hell of getting up due mainly to the outdated and woeful planning scheme.

So here is another example of this total indifference and incompetence from all concerned. It involves Heritage (low on council’s priority list!) where an application came in to demolish and rebuild over two sites. Note that we are not arguing for or against the development but merely pointing out what should have been done eons ago, but hasn’t. Here is some of what the member had to say –

It is noted that the application had planning officer support and heritage officer support, however with a large number of objections from adjoining property owners and others in the wider area, Council refused both applications on a range of identical grounds. These included that there would be unreasonable impact on the heritage precinct if the buildings were demolished and that the proposed dwellings were not in keeping with the character and appearance of adjacent buildings.

The two dwellings are in one building form and I note that neither dwelling was identified as being ‘contributory’ to the area in the Glen Eira Heritage Management Plan (1996) prepared by Andrew Ward – architectural historian. I do note however, the dwelling at number 3 Beatty Crescent was identified as ‘contributory’ in the July 2002 Ormond and Bentleigh Draft Heritage Guidelines. This document has not been incorporated into the Glen Eira Planning Scheme, despite it being an upgrade of the earlier document and itself now over 10 years old, so I can give it little or no weight other than for general background information.

Source: http://www.austlii.edu.au/au/cases/vic/VCAT/2016/365.html

Whilst it may legitimately be argued that the member should have taken into account the 2002 ‘guidelines’, the fact remains that 14 years later Council has not lifted a finger. Nor have they reacted to years and years of VCAT permits by analysing each decision and coming up with solutions that would give residents greater confidence that going to VCAT is not an absolute waste of time and money. Continually blaming VCAT, as is the want of Lipshutz, Hyams and Magee in particular, does not solve anything – especially when Council has not done a single thing to help its cause. Instead all council has done is seek extension after extension so that it does not have to review its planning scheme via a public submission process and with full community consultation.

The lamentable excuse used has been that the State Government is reviewing the zones. Well and good – but this certainly has not stopped other councils from undertaking a full planning scheme review post zones introduction. Here is the list of councils and the respective dates (which are still ongoing for many dated 2015) –

Ballarat (2015)

Bass Coast (2014)

Bayside (2015)

Boroondara (2015)

Campaspe (2014)

Colac (2015)

Darebin (2014)

Frankston (2014)

Grampians (2014)

Hobson’s Bay (2015)

Knox (2015)

Latrobe (2014)

Monash (2015)

Moira (2015)

Moonee valley (2014)

Moreland (2015 via Amendment C152)

Mornington Peninsula (2014)

Mount Alexander (2014)

Pyrenees (2015)

Queenscliff (2014)

Surf Coast (2014)

Swan Hill (2015)

Warnambool (2015)

Whitehorse (2014)

Whittlesea (2013)

Wodonga (2014)

Yarra (2014)

PS: it should be pointed out that the above Beatty Crescent application was refused unanimously by councillors – including that self-proclaimed ‘expert’ on Heritage – Lipshutz. There were also 39 objections to the application!

One item in the current agenda is fascinating in what it might portend for Glen Eira – especially with a new CEO at the helm. We draw readers’ attention to the following –

  • Council will NOT BE PROCEEDING with its application for a 1.42% rise above the rate cap.

ITEM 9.14 – RATE CAPPING

Things to note regarding the decision not to proceed with the ‘variation’ to the rate cap:

  • A formal council resolution is sought. No formal resolution was sought under Newton to apply for a variation
  • Community consultation was sought in January/February 2016 by external consultants (although not ‘advertised’ and certainly not announced by any official council statement)
  • Result of this consultation is: It is clear that in the absence of better community information and understanding of Council’s finances, and a shared sense of priority around the use of funds generated through a variation, there is insufficient community support to apply for a variation to the rate cap at this time.
  • Figure of $24m shortfall over the ten years of the Strategic Resource Plan if rates capped, necessitating the development of a new Community Plan…..which will seek wide community input on priorities for the next ten years….. This is forecast to be started in 2016 and will be the subject of a further paper to Council.

Why this decision has been made is entirely open to conjecture and only time will tell. We posit the following as some possibilities underpinning this decision:

  • The influence of the new CEO?
  • Council realising that they may not be successful in their application?
  • Strong community opposition on top of all the other problems (ie planning)?
  • Laying the ground for service reductions and vastly increased charges?
  • The fact that councils had to provide evidence in any submission on how the views of ratepayers and the community have been taken into account in proposing the higher rate cap. In Glen Eira there had been no ‘consultation’ of course. Hence a legal obstacle perhaps?

The positives? If there is to be genuine consultation on a new Community Plan, then it is imperative that residents be provided with full information; that their views not only be listened to, but ultimately acted upon through integration and implementation into any subsequent Council Plan/Resource Strategic Plan.

Needless to say, time will tell whether this represents a real shift in culture or whether it is nothing more than smoke and mirrors.

File_Finger_pointing_jpg_-_Wikipedia__the_free_encyclopedia-2

  • Sick of seeing over-development everywhere?
  • Sick of a council that does nothing to ameliorate the damage?
  • Sick of never being genuinely ‘consulted’ on anything – especially the zones?
  • Sick of the system (and council) favouring developers?
  • Sick of feeling helpless?

Well here’s your chance to have your say. The State Government is calling for submissions on the residential zones. Submissions close on the 14th March.

For the purposes of ‘discussion’, the appointed committee has released:

  • An overarching report (ie for all of Victoria)
  • A regional report (Glen Eira is to be found in the ‘southern region’)
  • A ‘list of recommendations’ on the zones

We urge all Glen Eira residents to take this opportunity. The links to the various reports are:

The Overarching Report – http://www.dtpli.vic.gov.au/__data/assets/pdf_file/0005/291569/Residential-Zones-Overarching-Report.pdf

The Southern Region Report – http://www.dtpli.vic.gov.au/__data/assets/pdf_file/0008/291392/Residential-Zones-State-of-Play-Southern-Subregion-Report-.pdf

The ‘Recommendations’ – http://www.dtpli.vic.gov.au/__data/assets/pdf_file/0004/291568/List-of-Suggested-Improvements-to-the-Residential-Zones.pdf

Submissions can be mailed or uploaded to – http://www.dtpli.vic.gov.au/planning/panels-and-committees/current-panels-and-committees/managing-residential-development/managing-residential-development-submission-form

It’s worth pointing out that once more, unlike many other councils, (Moonee Valley, Stonnington, Monash, etc etc) Glen Eira has not tabled its submission, nor has it made it public up to this stage. Thus, no formal resolution by council, and no discussion in chamber, plus no opportunity for residents to ask questions or comment PRIOR to their submission going in. Well, what’s new?

STATION AVENUE

The image presents the location (in yellow) of an application that was recently decided by VCAT. The developer got his 3 storeys and 21 dwellings. Council had refused the original application and they were still opposing amended plans that the developer submitted. This VCAT decision, like so many others, deserves highlighting because:

  • The entire area is zoned General Residential 1 (GRZ1) which means 3 storeys – yet council stupidly & unbelievably argued that only ONE SIDE OF THE STREET IS SUITABLE FOR 3 STOREYS!
  • The application met all of the following ‘standards’ – height; permeability; set backs; site coverage
  • It was a ‘consolidated’ lot size of over 1400 square metres – ‘encouraged’ by the planning scheme
  • Traffic and parking were deemed acceptable by Council
  • The ‘consultant’ arguments were diametrically opposed to what the Traffic department has said!

This leads to the central and most important questions:

  • Why has council wasted ratepayers’ money in going to VCAT?
  • What’s the point of hiring expensive ‘consultants’ (tender in September 2012 was for $90,000 per annum) when they are totally hamstrung by the ineptitude of the planning scheme?
  • How much more money has to be wasted before Council stops blaming everyone else and starts doing what it hasn’t done for 14 years – fixing up the planning scheme?

The VCAT member was clearly unimpressed. Here’s some of the judgement –

…the local policy regarding the residential areas of neighbourhood centres expressly encourages the consolidation of sites to promote development opportunities. Thirdly, the maximum height of 10.1m (excluding the lift overrun) of the proposed building is less than the 10.5m maximum building height….

Mr O’Leary (for Council) submitted that the eastern side of Station Avenue principally comprises single and double storey detached dwellings, with some recent two storey contemporary developments. He advised that the Council sees the eastern side of the street as unsuitable for three storey development.

Mr O’Leary correctly highlighted that the purpose of the GRZ includes ‘To encourage development that respects the neighbourhood character of the area’. However, the purpose does not refer to respecting the existing character and in this instance there is no neighbourhood character policy or statement of preferred character. The purpose of the GRZ must be read with reference to the policy regarding housing diversity areas.

The Housing Diversity Area Policy is not about respecting the existing neighbourhood character. There is no preferred neighbourhood character nominated for such areas.

I agree with Mr Bromley (for developer) that it is not self-evident that a two storey development would be more appropriate, as suggested by the Council’s Urban Designer. Rather, the general residential zoning, the central location within the neighbourhood centre and the consolidated site suggests that the height should not be restricted to the two storey scale that is allowed in a NRZ.

Furthermore this is not a case where there is any issue of a suitable transition to land in a NRZ. The subject land is central to the neighbourhood centre, close to the commercial heart and not near land in a NRZ.

There is no basis for distinguishing between the eastern and western sides of Station Avenue, at least in terms of the streetscape. They have the same planning controls. As I have already noted, the ‘consolidation of sites to promote development opportunities’ is specifically encouraged for the residential areas of neighbourhood centres.

There is also clear compliance with ResCode Standard B 20 (North-facing windows). To the east, there would be some additional overshadowing in the afternoon, but well within ResCode Standard 21 (Overshadowing open space).

With respect to visual bulk, there are no proposed walls on the boundaries and there is easy compliance with ResCode Standard B17 (Side and rear setbacks), especially at the upper level. The rear part of the building is cut into the land, so that the maximum height at the rear is 8.8-9.3m.

Regarding the statutory requirement for car parking, as set out in clause 52.06, the proposal provides the full complement of spaces for residents but only three spaces, instead of four, for visitors. ..In response to referral of the application, the Council’s traffic engineers accepted the reduction of visitor car spaces. However, Mr O’Leary submitted that there should be four spaces, arguing that the area is already under pressure for on-street parking due to various factors, including commuter and employee parking.

The Council’s traffic engineers have not raised any issues about the traffic implications of the proposal. The traffic report accompanying the application concluded that ‘the site traffic and access location is expected to have minimal impact on the function and safety of the surrounding road network’.

Source: http://www.austlii.edu.au/au/cases/vic/VCAT/2016/305.html

We’ve received the following email as a response to our previous post on the censure motion against Lobo. We’ve put it up in full.

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The positions of the bullies on our Council are untenable. As can be seen above, they have clearly defamed Cr Lobo. The remaining question is whether there is any defence available to them.

But first a recap. A meeting was held on 20 Oct 2015, without the required notice and with no explanation for lack of notice. The meeting was closed to the public on spurious grounds, as it has since emerged it wasn’t related to protection of council property, and it has not been demonstrated that holding the meeting in public would prejudice the Council or any person. Since we now know what the real business being transacted was, it is clear that holding the meeting in public would not prejudice Council or any person.

The business transacted concerned whether a jewish security firm providing security services to a jewish organisation conducting an event on Council land could carry guns. This wasn’t strictly Council business as Council admits its business was to decide whether to accept a booking and if so, what conditions would be placed on the permit. Nevertheless it gave its imprimatur to the request.  When details leaked, there was a furious reaction. Certain members of council, stunned by the criticism of their actions, went on the attack, inveighing against their many critics.

An attempt to remove confidentiality from the secret minutes surrounding their secret resolution was defeated on predictable lines. Cr Lipshutz and Cr Hyams made clear to their faction that under no circumstances did they want what they did exposed.

At a bitter Council meeting held 15 Dec 2015, Cr Hyams attacked anybody who didn’t wholeheartedly support him, which included Crs Lobo and Delahunty. Cr Hyams imputed that Cr Lobo was of “very bad character”. The Mayor allowed Cr Hyams’ tirade to proceed unchecked.

Council has [deliberately?] chosen not to publish what was said, but we have a partial record from Glen Eira Debates and from The Leader. Cr Lobo pointed out, accurately, that personal security “is not our business”. It appears the comments that Council are alleging to be racist and antisemitic are [as reported by The Leader] ““Maybe people in that community wouldn’t have to worry about being attacked if they didn’t draw attention to themselves”. In this entire inept saga Council hasn’t actually made clear what the comments are that it considers to be racist and antisemitic. They were reminded of that by their own lawyer.

Cr Hyams, losing touch with reality but confident of his power-base, called the comments “probably the most disgusting thing I’ve ever heard said in a council chamber”. Cr Pilling in an abuse of his position asked Cr Lobo to withdraw his comments without giving reasons as required by 236(2) and 236(3). Under pressure, Cr Lobo withdrew his remarks.

The Leader wrote this up as “If you say Jews deserve the attacks that happen to them because of the way they behave, then you can’t characterise that as anything other than anti-Semitism,” Cr Hyams said. Note that it is NOT what Cr Lobo said. It is not a fair comment, and probably not an honest opinion given it isn’t based on proper material.

Cr Lobo subsequently published clarifications in The Leader about his remarks. He said, “I am not and never have been in favour of non-police personnel carrying guns in public places” and “My concern was about guns being carried by non-police personnel on council property that belongs to all residents of Glen Eira City”. I share his concerns. I continue to interpret Cr Lobo’s comments as rejecting the exceptionalism involved in a subset of the jewish community expecting, indeed demanding, special privileges.

Fast-forward to the 23 Feb 2016 meeting for yet more spite and insanity, thoroughly documented above. Although Council provided no evidence, no definitions, no arguments, nothing, to substantiate its claims, it decided to advertise its defamatory comments directed at Cr Lobo. The hapless Cr Pilling allowed the jewish councillors to spout their bile, which was mostly irrelevant and should have been the subject of Points of Order on the grounds of irrelevance. What was the relevance of a quote from a letter concerning a german-born physicist? Did Cr Pilling really think it was appropriate to equate Cr Lobo with the Kommandant of Auschwitz?

Cr Lobo has been bullied repeatedly. That’s a fact. I don’t agree with the repeated abuses of points of order to silence him. Whether the motivation is racism, just plain bigotry, or some other reason remains to be seen. I hope Cr Delahunty regrets voting in support of the second Motion after speaking against it.

Cr Hyams made mention of the heightened security environment. The Australian Government has the National Terrorism Threat Level currently set at “Probable”. The likely targets are listed as “military, police and security agencies” although it notes “indiscriminate attacks are increasing, and the risk to the general public in Australia remains”. I searched but I saw no mention of the jewish community as having a different risk profile to the general public.

The Australian Government does provide specific advice to people to minimize their exposure to threats: “Avoid dress and behaviour that might draw attention to yourself”. Council has condemned Cr Lobo for providing the same advice that the Australian Government provides. I look forward to Council explaining itself to the Human Rights Commission.

Pilling moved motion. Seconded by Okotel.

This Council censures Cr Oscar Lobo for his racist and anti-Semitic comments made by him at the Council meeting held on the 15th December 2015 which as reported online in the local Leader newspaper of the 16th December 2015 were that “Maybe people on the [Jewish] community wouldn’t have to be worried about being attacked if they didn’t draw attention to themselves’”. The Council recognises and acknowledges that Australia is a worldwide leader in multi-culturalism and all communities whether religious, national, ethnic or of whatever nature ought to be able to participate in society without fear or recrimination. The Council unreservedly condemns Cr Oscar Lobo’s comments and disassociates itself from him them as reported in the local Leader newspaper on 16 December 2015. Cr Lobo has been given the opportunity since then by the Councillor group on a number of occasions to apologise and withdraw these remarks. He has chosen not to do so. Council encourages Cr Lobo to undertake counselling and the Council is prepared to facilitate same.

This Motion is to be prominently placed on Council’s website, published in the next Glen Eira News and disseminated to

  • The Leader Newspaper;
  • The Australian Jewish News
  • The Herald-Sun
  • The Age
  • The Australian

The MOTION was put and CARRIED unanimously

PILLING: said he had requested the report and that this is something that ‘shouldn’t happen’ but ‘it did’ and even though it is ‘unfortunate’ council ‘has to deal with it’. Claimed that the motion ‘explains our reasoning and distaste for comments like this’. It also ‘encourages’ the councillor to ‘get counselling’. Pilling’s ‘proudest’ moment as mayor is to officiate at citizenship ceremonies where ‘we get to emphasise what a great country this is’ and where ‘all cultures and religions are equal’. Said that Lobo’s comments at last council meeting and the December 2015 meeting go ‘against all values’.

OKOTEL: said that’s it’s ‘important that as a council we stand together’ and ‘that no-one who makes racist comments’ whether in chamber or elsewhere should go without being accountable ‘for those actions’. ‘It is absolutely appalling’ that such comments ‘could be uttered in this council chamber’. Therefore it’s ‘important’ that council ‘take a strong stance and show the community that that will not be tolerated’. Councillors are ‘leaders in the community’ and therefore have to take a ‘leadership role and show that this is not acceptable’.

LIPSHUTZ: read out from a letter he claimed he had received from an OAM individual (Mr. Goldhammer) which included rhetorical questions about famous Jewish individuals such as Einstein, ‘or is it because they produce doctors, lawyers’ architects and musicians and ‘how do they draw attention to themselves?’ Some of them ‘wear skullcaps’ so they can be identified, like ‘buddhists or for that matter Muslims’. Maybe ‘in your mind they draw attention to themselves because you can’t figure out’ how such a small percentage of jewish people contribute so much to society. They don’t draw attention to themselves ‘but it is you Cr Lobo and people like you’. Lobo should ‘hang’ his ‘head in shame just like the perpetrators of violence’ who place blame on the people. Maybe Lobo ‘falls into that category’ of saying that ‘women who get raped’ bring it on upon themselves? ‘Shame on you’ for your ‘bigotry’. (end of letter). Lipshutz then said he had read a book on the ‘capture of the commandant of Auschwitz’ and this reminded him of Hannah Arendt’s comment ‘the banality of evil’ and ‘you can’t find anyone more banal that Cr Lobo’. Said that Lobo had received the letter and been ‘given every opportunity’ to say ‘I didn’t understand what I said’ or ‘I’m sorry for what I said’. ‘I didn’t mean what I said’ and ‘I apologise’. Claimed that other councillors had also asked him to ‘please say that’. Lobo refused – ‘he won’t say it, he refuses to say it and he won’t turn up’. ‘That is frankly disgusting’. Said that there is ‘no place for bigotry in this council’. Said that if he said that women were to blame for being raped ‘I would be pilloried’ and the same if he said that ‘victims bring it upon themselves’. Lobo ‘has said that about the Jewish community’ and that is ‘reprehensible’ and he should be ‘condemned in the loudest’ manner possible.

Lobo felt so strongly about being a councillor that when he was elected he had ‘a number plate Cr Lobo’. ‘well let his name ring loud and clear in the Australian, The Age’ etc. ‘This man is a bigot’ and Lobo is the ‘one man’ in the council ‘who is racist’. Started speaking about Lobo standing for Mayor and ‘every time’ he didn’t get elected and would say’ you didn’t vote for me because of the colour of my skin’. Said that councillors don’t vote against ‘someone because of their gender’ or their religion. Councillors vote for mayors or deputy mayors ‘because of the person who they are’. Lobo has ‘for some reason a problem about the Jewish community’. ‘Well, I have a problem about him’. Lipshutz said he will continue to have a problem with Lobo until the latter can stand up and say ‘I was wrong’.

ESAKOFF: agreed with Okotel and Lipshutz and thought it was ‘vital’ that Lobo’s comments be ‘condemned’. Said that it ‘concerns me’ that Lobo hasn’t ‘apologised’ and that he is the victim of racism. Claimed that there is an ‘expectation’ that elected people behave with ‘decorum’ and in a ‘respectful and dignified manner.’ Hoped that this was true and that she is ‘saddened’ that the standards may not be fulfilled.

SOUNNESS: said he supports the motion and is looking forward to an apology.

MAGEE: said that what is ‘disappointing’ is that for ‘so many years’ council has worked with Lobo and ignored ‘so many’ of ‘the things he has said’. His response has been ‘English is not my native tongue’ but ‘that should never be used as an excuse’. Said that ‘there’s right and wrong in every language’ and Lobo knows this. Lobo has been given the opportunity to apologise and that ‘he was here half an hour before this meeting’ and then walked out. He was asked ‘to understand that it’s not just anti-semitic but racist’. Went on that Lobo ‘is a decent man – he’s got a lot of decent qualities’ but ‘he has got a flaw that he doesn’t recognise’ in ‘how much his words can hurt’. Said that Lobo doesn’t understand that ‘this isn’t about his religion’ or his being ‘Goan or Indian’. ‘It’s about the things he says and the context’ in which ‘he says them’. Lobo needs to be the councillor that people voted for. The gallery can see that ‘we don’t always agree’ as councillors and sometimes ‘we use theatre’ and ‘language’. Said he has got great respect for the ‘councillor group’ and that when they put up their hands to vote ‘only you know why you voted for something’ but he respects their view. Lobo knows this because he is ‘a grown up’ and ‘has the intelligence to know that’. Hoped that ‘one day’ Lobo would apologise and undertake counselling.

HYAMS: ‘commended’ Pilling and Okotel for their motion especially since they are Mayor and Deputy Mayor and this shows the ‘gravity’ with which they view the situation. Multiculturism is one of the things that is so ‘great about Australia’ and ‘racism is the major threat to multiculturalism’ and is also ‘abhorrent in every way’ and is ‘ultimately responsible for’ some of the ‘greatest crimes ever committed’. As ‘community leaders’ councillors have an ‘obligation to stand against racism’ especially ‘when it occurs in our own council chamber’. ‘There is no question in my mind that Cr Lobo’s comments were racist’. Saying that a ‘minority brings attacks upon themselves’ by ‘drawing attention to themselves’ then that is ‘blaming the victims’ and is ‘therefore undeniably racist’. Quoted from a response by the chair of the Anti-Defamation League on Lobo’s comments – (reading out) that ‘Jews are being blamed for being victims of racial and religious violence’. Letter said that ‘this is one of the oldest and most pernicious anti-semitic myths’. Letter asked Lobo to apologise and that they expected an elected representative to foster ‘unity and not stoke the flames of division’. Hyams hoped that Lobo had read this. Said that multiculturalism is ‘about sharing your culture’ with the community ‘so you draw attention to it’. When Lobo said what he did, Hyams said he asked him to ‘clarify’ and Lobo said what was reported in the Leader. When asked to withdraw ‘he withdrew reluctantly’ and ‘didn’t apologise’. What’s worse is that ‘his behaviour since then has been absolutely appalling’. He has ‘run around telling members of the community that I am bullying him’. At last council meeting when Hyams or Lipshutz spoke ‘he turned his back’ and he ‘suddenly developed a very loud cough when we were discussing this matter’. Thus the ‘perpetrator of the racism showing contempt for the victims of the racism’. Said that it’s like Lobo refusing to apologise for his racism but thinking that ‘we should apologise for objecting to it’. The question then is ‘what do we do about it’. Said the report tabled was ‘general’ and in suggesting a conduct panel, that that was ‘costly and time consuming’ so the motion is better because ‘we send a quick but unequivocal message that comments like that will not be tolerated’.

DELAHUNTY: commented on Hyams use of multiculturalism and that ‘we’ should do more than ‘tolerate’ but ‘celebrate’ different cultures and ‘cooperate’. We are lucky to ‘live’ in such a ‘diverse and multicultural community’. Said that sharing cultures, and it’s important ‘for us to hear’ Lipshutz’s history which he hasn’t mentioned. This is then ‘important’ for ‘how it informs his decision making’ which ‘everyone’s cultural background does’ and that’s why he is so ‘articulate’ and ‘adamant about this particular issue’. Her relatives came ‘on her majesty’s service’ as ‘convicts because they stole stuff’ and they were the ‘first Poles to land in Australia’. ‘So how does that inform my decision making?’ Said it makes ‘her feel very lucky’ and ‘obligated’ and obligated to multiculturalism and to make sure that ‘this great country is better than Cr Lobo imagines it’. Therefore she ‘supports this motion of condemnation’.

PILLING: agreed with comments and thought that ‘ultimately we are sending a strong message to the community’ and it’s in their hands ‘whether people get re-elected’. ‘I hope this sends a strong message’.

MOTION PUT & PASSED UNANIMOUSLY

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Pilling then moved second motion. Okotel seconded.

The Council censures Cr Oscar Lobo for the remarks made by him that he has been the subject of racism in the Council Chamber. Cr Lobo has been given the opportunity by Councillors on a number of occasions to substantiate his remarks and he has chosen not to respond. Council categorically rejects such allegations as having no truth and deplores that Cr Lobo has sought to divert attention from him by making such unsubstantiated allegations. Council is colour blind and has never discriminated against any Councillors by reason of colour, religion, race, gender or background. Racism and anti-Semitic remarks will not be tolerated. Council encourages Cr Lobo to undertake counselling and the Council is prepared to facilitate same.

This Motion is to be prominently placed on Council’s website, published in the next Glen Eira News and disseminated to

  • The Leader Newspaper;
  • The Australian Jewish News
  • The Herald-Sun
  • The Age
  • The Australian

The MOTION was put and CARRIED unanimously.

PILLING: said as Mayor he was ‘very concerned’ about Lobo and that he had ‘sent him emails’ and ‘approached’ him on numerous occasions for him to ‘re-educate’ himself and ‘think back on what he had done’. ‘He chose not to do’ these things. Said that ‘initially’ councillors ‘tried to be encouraging of some further understanding’ but this is just ‘terrible behaviour’ which council ‘cannot put up with’.

OKOTEL: said that for her ‘there had never been any racism’ from councillors except for his racism. ‘As a person of colour’ she ‘believes that all my councillor colleagues’ are ‘colour blind’. Hoped that Lobo ‘does take the opportunity to re-educate himself’ about ‘what it means to make racist comments’.

LIPSHUTZ: even though he often agrees with Magee he can’t agree that Lobo ‘is a decent man’. Said that in the book on Auschwitz commander ‘he spent his days killing jews in the gas chamber’ and then ‘happily went home and played with his kids’. ‘He was a decent man’ living a ‘normal life’ then. ‘No he wasn’t. He was a monster’. So ‘when someone can stand up and blame his fellow councillors for racism’ then ‘that is not a decent man’. A year earlier Lobo ‘spoke about Australia as a racist country’ and ‘advising migrants not to come to this country’. Australia ‘welcomed him’ so ‘who is racist’?’ Referred to a Hebrew expression which means ‘Never again’. Stated that his parents were ‘concentration camp victims’ and ‘after the war my father killed Nazis’ and ‘he said never again’. As ex president of anti defamation he wanted to ‘make sure that anti-semitism’ would never be ‘tolerated’. So when Lobo can ‘defame the officers around me’ and ‘defame’ councillors by saying ‘he was the victim of racism’ then ‘how dare he’. ‘Everyone knows that he is the only racist here’. Whenever he stood for mayor and was rejected he would say ‘it is because of the colour of his skin’. ‘What nonsense!’. People in gallery who have watched him would ‘realise why he has never been the mayor’. ‘He is an embarrassment to this council’ and ‘it’s got nothing to do with racism’ or the colour of his skin. Thought that it was ‘high time that Cr Lobo understands the absolute contempt this council has of him’. Hoped that the papers publish this and that Lobo reads it so he understands that ‘he is unfit to be a councillor’.

HYAMS: said that what’s even worse is resorting to claims of racisms to ‘use against’ those you don’t like. The Leader reported Lobo’s comments that he has suffered ‘racism’ and that was because Lobo ‘didn’t like that he was being called on points of order’ and ‘because his campaign for the mayoralty wasn’t going as well’ as he had hoped. Said that he’s been ‘accused’ by people of ‘not wanting to vote for Lobo because of the colour of his skin’ and he is offended by this. Lobo ‘has confirmed to me that he does feel that way’. Said that Lobo hasn’t got any proof about racism except ‘that he wasn’t getting his way’. Said that the points of order were raised because Lobo ‘was behaving’ in an inappropriate way and ‘needed to be called to order’. Claimed that the ‘mayoralty isn’t handed around’ to anyone who ‘wants it’. ‘The person must be up to the job’ and councillors have to be confident that they can do the job. Lobo’s ‘behaviour last week shows he is not appropriate for the job’ as does his comments. Claimed he could ‘cite numerous other incidences’. ‘The fact that he blames this on racism without basis proves that he is not an appropriate person to be mayor’. Thought that it was ‘appropriate’ for council to ‘distance ourselves from these racist’ comments.

DELAHUNTY: said that she was ‘a little uncomfortable’ with the motion because Lobo has said that ‘he feels he is being treated differently because of the colour of his skin’. Said ‘I’ve not seen that’ and as Hyams has said he hasn’t provided ‘evidence to support that’. But in Australia to ‘seek redress’ and ‘speak about’ how you feel you’ve been ‘treated differently’ ‘that extends to him as well’. If Lobo feels this way then ‘he is entitled to say so’. Said she hasn’t ‘witnessed it’ nor does she think ‘I’ve done it’. But ‘to put his hand up and to say that’s how he believes he’s been treated’, then ‘that’s his right’. Said that if Lobo were present she would say to him that she’s sorry ‘you feel that way’ and that she doesn’t believe ‘it was anyone’s intent’ but ‘intent is not the test’. Therefore to ‘say he hasn’t the right’ is a ‘little bit uncomfortable for me’. Thought that ‘it was deserving of a broader consultation’ and she wishes ‘that he would have participated in that’. He might have told us ‘how’ he felt we might have ‘treated him unfairly’. There might have been conversations ‘about how that wasn’t the intent and perhaps moved on from that’. So ‘while I don’t believe it to be true’ she agrees with Okotel that the council is ‘blind’ to colour. She supports the motion because ‘factually it reads correctly’.

SOUNNESS: Lobo was elected by the community. From ‘my point of view’ Lobo does do things ‘well’ as part of his ‘service’ to the community. But other ‘parts’ that Lobo does, ‘I have grave questions’. Said the motion uses ‘strong language’ and ‘I am very uncomfortable’ with censure. Said that from the things ‘that I’ve heard – some in private, some in public’, Lobo has had opportunities to ‘substantiate how he has been treated’. Sounness said he would have liked to understand ‘what I might have done’ but ‘that was never brought forward’. He remains uncomfortable ‘from the point of view of the community that elected’ Lobo and ‘he represents that community really well’ but ‘there’s more than just representing’. So he supports the motion.

ESAKOFF: said that ‘there’s no doubt that’ this is ‘uncomfortable’ but the issue ‘is uncomfortable and is an issue we must deal with’. For Lobo ‘to accuse us of racism’ and it’s ‘unfounded’ ‘needs to be censured’. Said that Lobo ‘tries very hard’ for his constituents, ‘there’s no doubt about that’ but ‘there is certainly a problem here’ and ‘I don’t think I need to go any further’.

MAGEE: said that last year when he became mayor ‘I knew where the challenges would come from’. ‘Within a few months’ he was ‘constantly as Mayor calling points of order’ to ‘stop Cr Lobo from saying’. Lobo would ‘start’ and ‘then disappear’ and Magee had to call him back to order ‘many, many times’. Residents then asked Magee ‘why do you do that and you don’t do it for the white fellas?’ Said you ‘can stand’ in Bentleigh or elsewhere and ‘argue it out, but it’s not an argument you are going to win’. Said he ‘put up with this’ for a year. Thought that ‘there is something that we can work with’ in regards to Lobo. ‘we can’t just give up. We need to give him every opportunity’.

PILLING: agreed with speakers and said that this is ‘serious’ and is the first censure motion in his time as councillor. ‘This is a quite serious thing to do’ but it’s ‘something I think we have to do’ and ‘to show the community’.

MOTION PUT AND PASSED UNANIMOUSLY.

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