GE Consultation/Communication

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August 12, 2016

Vote The Bastards Out – Lipshutz!

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

LOBO: was happy that Magee ‘to some extent’ agreed that ‘Glen Eira has to progress’. Stated that ‘all this hooha could have been avoided’ if Akehurst hadn’t taken ‘a shortcut’ and ‘asked us to take the zones’ to the government. ‘We accepted his recommendation and that was a rude awakening of our residents’. Result is that ‘we’ve now come back to the drawing board’ and they ‘could have come back early’ and ‘not have to wait for the Minister to tell us what to do’. He believes that ‘openness, transparency and accountability are the cornerstones of democractic system, free and fairness are the pre-requisites’.

LIPSHUTZ: thought that Akehurst ‘presided over a planning department that was second to none’. Said that council was ‘faced with a situation where we had policies that were not being looked at’ by VCAT. The Government then changed things and said ‘rather than having policies we are going to have zones’ and ‘that meant that VCAT had to adhere to the law’. Therefore ‘to criticise Mr Akehurst – I reject that completely’. Said that all councils are in a similar situation and Glen Eira ‘was the first council and we got the best deal possible, in fact the best deal than any other council’ because ‘we were the first’. He ‘rejects’ and thinks it is ‘dishonourable’ what was said about Akehurst.

Admitted that ‘I have never been a great fan of structure plans’. ‘They are very blunt instruments’. Thought the ‘aims’ of structure plans for activity centres was ‘a good thing I guess’ and that ‘they are long term arrangements’. But ‘things do change’. However, ‘I don’t see any alternative but to go ahead and do it’ because the ‘Minister has come along and said to us that that’s what they really want’. ‘We don’t have mandatory height limits’ and they are ‘finding’ that in Bentleigh and Carnegie 7, 8, or 9 storeys are going up ‘which are simply inappropriate and we can do nothing about it’ because all VCAT does is ‘we have to look at your policies’ but ‘don’t have to follow them’. They also ‘rely on their own precedent’ when they previously grant a 6 storey nearby and ‘ignoring what council and residents want’. So if council is to get a height limit and ‘we have to go through the structure plan process then that is what we are going to do’. ‘I don’t like it. I don’t think it is a very good way of going ahead’ but ‘we have no alternative’ to doing what the minister wants. The ‘real issue’ is that ‘rather than doing structure plans’, ‘rather than doing these half-baked planning review – I’m not saying this one is’, the government ‘needs to look at planning overall’. They have to recognise ‘that we as residents know best what we want for our cities’ and that ‘we as councillors, representatives of our residents, have more say’ than the government.

COMMENT

Quite amazing that since we’ve published the Minister’s letter, there is (belatedly) the admission that council has been ORDERED by the Minister to do some work following years of doing bugger all and handing the municipality over to developers.
For a lawyer, and supposedly an intelligent individual, Lipshutz’s logic is woeful. But that’s what happens when you try to defend the indefensible and to save your own neck! First off: structure plans are not set in concrete. Like any other planning mechanisms they can be changed via amendments. All that is required is for the planning department to do some fair dinkum analysis, provide a feasible argument for a change, and produce the amendment. Obviously beyond this council’s will or capacity! Secondly, the claim that ‘we can do nothing about’ what’s been happening with heights is a blatant lie! During the past 13 years Council has had ample opportunity to introduce height limits; to introduce Urban Design Frameworks; to introduce Structure Plans; to introduce Design and Development Overlays. VCAT has been 100% correct in stating time and again that none of these tools exist in the planning scheme and therefore developers are within their rights to apply for what they want. It has nothing on earth to do with VCAT changing its interpretations and everything to do with Council’s refusal to implement any amendment which will impede developers and provide more stringent safeguards to the community. That is the bottom line and these councillors have all been complicit in allowing this state of affairs to continue unabated.
Being ‘first’ means nothing when other councils did their homework and achieved far better results for their communities through well prepared zones that were not ‘one size fits all’ – plus schedules that provided greater protections. And we do not need to remind residents that NO OTHER COUNCIL IN THE STATE, proceeded in the secret manner that Glen Eira did with councillors (undoubtedly Lipshutz, Hyams, Esakoff, Pilling, Delahunty and probably Sounness) deciding (illegally) behind closed doors that residents were not worthy of having a say!
As with our previous post on Hyams, Lipshutz can accept a large part of the responsibility for the erosion of resident rights and the appalling governance and internal divisions that have characterised this council for well over a decade. If he does stand again, and there is a very strong rumour that he won’t, then like the others, we urge residents to vote this ‘bastard’ out!

August 11, 2016

Vote The Bastards Out – Hyams!

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

HYAMS: started off with ‘there is rapid growth all over Melbourne’ and other councils have had this for a long time and it is now hitting Glen Eira. The question is ‘are we equipped to protect our neighbourhoods?’ It ‘would appear not’ ‘given VCAT’s changing interpretation’. Claimed that policies were ‘previously sufficient, now not so much’. Council does ‘need to do something about it’ and the report does this. Said that at the last review ‘people were a lot less ambitious about what they wanted from us’ such as height limits, which council has now got. People also wanted ‘transition zones’ which is also achieved and ‘better protection of neighbourhood character’ and that’s been gained via the Neighbourhood Character Overlays. ‘So we basically carried out what was wanted in the previous review’ and ‘this is far more ambitious’ and ‘most of what residents have asked us for is represented in this plan’.

Admitted that some councillors, like Magee, ‘want the zones reviewed’. He believes that ‘it would be nice to do that’ but ‘it could be a double-edged sword’ and end up with things a lot worse. The ‘more important point’ is that the Government is ‘in the process of reviewing’ the zones ‘so there is no point in us doing it’ because they would say like they did with Moreland that the latter’s proposed Better Apartment Guide wasn’t going to be ‘taken on’ because ‘we’re doing a Better Apartment Guide of our own’. So if council ‘was to do all the work on a review of our zones’ plus all the necessary strategic justification to go along with this, the government could then say why ‘are you wasting your time’ since we (the government) are already doing the review. ‘With a bit of luck’ the government review will achieve a ‘better outcome’.

With the zones, ‘nothing can be built now that couldn’t be built before’ but other things can’t be ‘built now because of the mandatory height limits’. The apartment boom did coincide with the introduction of the zones, especially in Bentleigh, and this isn’t ‘because of the zones’ since other areas like Carnegie ‘were copping’ growth ‘before the zones’. ‘There would be those who continue to misrepresent our zones for political purposes’.

Council ‘isn’t proposing to change the zones’ but to ‘strengthen the protection within each of the zones’ and this is the ‘neighbourhood character work’. This, together with the structure plans, is the most important aspect of the workplan. This is important for the activity centes and the commercial zones and ‘whilst our policies haven’t changed but the interpretation of them has’ so both the government and VCAT are ‘now looking for something more explicit’ in place to give the protection ‘that we’ve achieved, or hoped to achieve in the past’.

On structure plans council had been told that unless you have ‘mandatory height limits in structure plans’ it is ‘hard to get mandatory height limits in shopping strips’ and these were interpreted as a minimum ‘height limit’ so developers went for higher. So now VCAT is ‘saying we don’t have height limits specified’ so we ‘now do need height limits even if they are not mandatory’.

Council is concentrating on Carnegie and Bentleigh because these are the areas that ‘residents said are the most important’ and ‘appreciates’ Pilling adding the clause about the interim height limits to the motion. Said that there was a ‘gap identified in our heritage policy’ so this is the ‘first thing we will do’.

‘Unfortunately’ ‘everything we are planning to do does take time’. Council ‘would like to get’ these things ‘through quickly but the fact is that ‘we need planning scheme amendments’, and ‘you need to have done the research to present the government with truth’ etc and this could take up to 18 months. Claimed that the ‘government will never allow us to put at risk development’ and that’s what ‘all this is about’, ‘unless we make a very strong case based on the truth’.

On Magee’s thinking of what council should do, these are ‘encapsulated’ in the work plan and ‘we can’t really do them in a way except like this’. Admitted that it’s not something ‘that everyone would like’ but it’s putting one step forward and council wants to achieve 3 structure plans in 4 years. Saw this ‘as the best way forward’ and council would do ‘everything we can to expedite’ this and that involved ‘making budgetary decision next year’.

COMMENT

Like a dog with a bone, Hyams continues to stick to the glib, unsubstantiated claims that are designed to camouflage the incompetence of this council and his role as a ten year councillor.

We reiterate what we have previously stated –

VCAT has not changed its position. Glen Eira planning policies have always been deficient in terms of protecting our suburbs, especially housing diversity precincts. See the following post for VCAT decisions that precede the introduction of the zones: https://gleneira.wordpress.com/2016/07/22/lipshutz-versus-hyams/
Hyams like Magee, contradicts the report which states that council has reviewed the zones. Either the report is a work of fiction or both Magee and Hyams have either not read it, or ‘truth’ is not a priority component of their grandstanding.
Glen Eira has transition ‘buffers’ not ‘transition zones’ that would stand up to any real scrutiny. Zoning one property as GRZ2 hardly constitutes a ‘transition zone’. Further, Hyams claims of neighbourhood character protection is minimalist covering less than 2.5% of properties – and that’s if one can believe council’s figures!
How much longer will council use the excuse for doing nothing because the state government is looking at the issue or it should be the role of state legislation rather than local policies? That hasn’t stopped Moreland and other sympathetic councils from pursuing a Better Design Guideline for their municipalities. Nor has it stopped other councils from introducing Environmental and Water Sustainable policies years ago. Glen Eira’s persistent refusal to do anything is unforgiveable and residents are paying the price.
Council in its report admits that structure planning may necessitate the hiring of outside consultants and that this will be expensive. Yet, Hyams reveals that no money has been set aside in the current budget and it won’t be until next year’s budget. Thus, either we get a half baked structure plan devised by the current crop of Council’s planning ‘professionals’, or further delay is written into the workplan until funding is available.
Hyams continually hangs his hat on ‘mandatory height limits’ as the be all and end all. We remind readers of his contradictions when pre-zone he stated: that a problem was that if you set height limits then ‘people will build up to that height and you can’t stop them’ but if you don’t have height limits and let each application be ‘judged on its merits’ then you could get ‘better outcomes’. (from our post of 6/2/2013 – ie on application for Glen Huntly Road – 6 storeys and 45 dwellings which got a permit from council.)

Then post zones we get this diametrically opposed statement –

‘The new zones are limiting development’ because of the height limits and that ‘anyone who tells you otherwise doesn’t know what they are talking about’ or ‘is deliberately seeking to mislead you’.(25/9/2014)

Hyams’ record on voting in favour of major developments is akin to Magee’s. We won’t repeat by providing a list.

Finally, residents need to consider how much this individual has contributed to the poor governance within this council and how much this has subsequently cost ratepayers. We refer of course to the foul mouthed abuse of residents and Lobo and the bonanza this has created for lawyers. We also remind readers that it is primarily he and Lipshutz who have been the force behind: no notice of motion; no tree register; changing public question formats; and countless machinations over the continued reappointment of Newton. Nor does the community’s view appear to matter. When over 1000 people requested a Heritage protection overlay for Frogmore, it was Hyams, Lipshutz, and Pilling who denied residents the right to provide their evidence before a planning panel. It was also this unholy alliance which granted the MRC rights to their development via a fabricated ‘special committee’ arrangement. Countless questions of ‘conflict of interest’ also appear to have been ignored by these individuals. Thus, in our view, Hyams is definitely one of those ‘bastards’ who must be voted out!

August 10, 2016

Vote The Bastards Out – #2: Magee

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

Here’s what Magee said Tuesday night –

MAGEE: said he wanted to ‘show great respect’ to all those residents who put in submissions and showed up to the meetings. Claimed he was ‘very enthusiastic’ at the start about the review being a ‘great opportunity’ but ‘the more I read the report the more disappointed I became’. Although ‘I’ve never been a fan’ of structure planning he does ‘understand’ that this is a ’significant piece of work that planning departments do’. The time for it to be developed and its vision for 10 or 20 years is too long because he sees his Tucker ward area being ‘destroyed’ each day. So he is ‘so concerned and worried’ that ‘by the time we’ve done the structure plan it will be too late’. Claimed that ‘we know right now’ what is needed.

He had hoped to see the ‘neighbourhood character’ retained as with the 2013 Neighbourhood Character Overlays where ‘a whole host of properties’ were added to the list. Felt that ‘we should be concentrating more on Neighbourhood Character Overlays’ and Design and Development Overlays (DDO) rather than structure planning and controls which would ‘make VCAT actually apply those controls’ instead of merely ‘considering them’. Stated that ‘the minister has asked us to do this’ but our letter to him of last year asking of him ‘one single little thing’ – to change the law regarding VCAT ‘which would give us our protection’. Council wanted legislation so that ‘VCAT had to apply our planning scheme’. If this was done then 500 apartments ‘approved by VCAT’ wouldn’t have got through. So ‘that could have been one interim protection that could have been put in last year’.

With growing population of 1600 every year in Glen Eira and by 2031 a population of 170,000. ‘We can only put them up’ since we can’t spread out. The issue is then density and the pressure this is putting on commercial zones. ‘If we can’t have mandatory height limits as soon as possible’ then this issue ‘will drag’ on for the next 10 years. Council hasn’t ‘even addressed what’s going to happen to Virginia Park’ and the ‘railway corridors’. ‘We haven’t really addressed the transition’ zone issue especially in Bentleigh because this is ‘one of the only ones’ where commercial directly abuts Neighbourhood Residential. This means going from ‘no height limit at all to a two storey height limit’. Said that the planning scheme ‘talks about transition’ from 5, to 4, to 3, to 2 and ‘we haven’t got that’.

He was very ‘excited’ when he got the report and understands that structure plans can be ‘important’ because they allow ‘controls’ and with controls you can ‘have some meat’ that ‘VCAT then has to apply’. However, what VCAT applies is ResCode and ‘VCAT doesn’t apply the Glen Eira planning scheme’. Didn’t think that people really understand the planning scheme which is ‘something that was put together over many, many years with the involvement of the Glen Eira community’. ‘The Glen Eira community said what the planning scheme should be’ and this was approved by the minister ‘yet VCAT have the right to totally ignore that’. VCAT apply precedent (ie existence of a 6 storey building already there) but it was VCAT who gave the permit and not council. He was ‘hoping to see these DDO’s and Neighbourhood Character Overlays’ to ‘give us the protection we desperately need’. Structure plans will in ‘four years time tell us what we know today’.

‘A great disappointment is that we are not reviewing those zones’. Claimed he had ‘thought about this for a long time’ even though he was ‘one of those who didn’t want the zones reviewed’ because ‘the risk’ of doing this is ‘that they could be bigger’ (ie the growth zones) and ‘neighbourhood residential could shrink’. Now however he thinks that ‘it’s worth a crack’. Thinks that the minister is ‘only doing this because of the pressure that’s on the minister’ to be doing this. He’s not picking on Glen Eira, but it’s part of his ‘normal structure’ calling on Glen Eira to ‘review’. ‘To not review the zones is a missed opportunity’. ‘We need interim protection right now’. ‘When you can’t drive in or out of your driveway, that is bad planning’. ‘When you walk into your back yard and you see 11 or 12 balconies, that’s bad planning’. ‘Five years of having our planning scheme ignored by VCAT’ means that there will probably be 2000 minimum approved by VCAT and this doesn’t include Virginia Park. Finished off by saying that he is ‘incredibly disappointed that we haven’t seized the opportunity’.

COMMENT

Upcoming elections obviously do very funny things to councillors. They not only play to the gallery, but all logic, consistency, and we might add, integrity in presenting the truth, flies out the window. Magee’s comments presented above illustrate this fully. Here’s why!

Over the years we have presented countless VCAT decisions that keep telling council to get their act together. VCAT has also made it clear time and time again how little ‘guidance’ on heights, on urban design, on anything, is present in the planning scheme.This has got nothing to do with VCAT and everything to do with Council and its negligence over a 13 year period. It is surely time that council stops using VCAT as a scapegoat for all the ills of planning in Glen Eira.
Magee should also get his facts right prior to opening his mouth and grandstanding for public consumption. His comments reveal either a total ignorance or the deliberate attempt to deceive and mislead. His statement that – VCAT applies … ResCode and ‘VCAT doesn’t apply the Glen Eira planning scheme’ is literally unbelievable. Firstly, ResCode is the most minimalist set of figures available. They are nothing more than Clayton’s ‘standards’ – often ignored by VCAT and council itself. But the most damning aspect of this statement is that the Glen Eira Planning Scheme itself uses ResCode when it could have had far more stringent requirements via its schedules to the zones. It was council who decided that GRZ1 AND RGZ should not attempt to provide greater protection via the schedules as other councils have achieved. Thus, VCAT can only apply what is in the planning scheme. If there is nothing there, or only the minimalist ResCode standards, then the developer is provided with all the advantages. That, in our view, has been the council agenda for ages!
‘The Glen Eira community said what the planning scheme should be’. What absolute bunkum given that the zones were introduced in secret and without any public consultation and he was in favour of no consultation.
At least there is the admission that council hasn’t got ‘transition zones’ or parking policies and that this is ‘bad planning’. Of course it is abdominal planning, especially since these issues were known way back in 2003 (ie the community plan) and have been brought up time and time again by residents. Magee has been on council since 2008. What has he done about this ‘bad planning’? What pressure has he exerted to ensure that these problems are dealt with? What else has he done except to play the populist card several months out from an election? And if he is so concerned about the destruction of neighbourhood character in Tucker Ward and especially in Bentleigh, then why has he voted to grant a permit for all of the following applications in Bentleigh.
15-19 Vickery Street, Bentleigh – 4 storey, 47 units
11 – 13 Bent Street BENTLEIGH – 4 storey, 34 units
37-39 NICHOLSON STREET BENTLEIGH – part 3 and 4 storey, 10 units
670-672 CENTRE ROAD & 51 BROWNS ROAD BENTLEIGH EAST – 3 & 5 storey, 67 units
23 Bent Street BENTLEIGH – 4 storey, 34 units
817-819 Centre Road BENTLEIGH EAST – 3 storey, 26 units
27 and 29 Jasper Road BENTLEIGH – 3 storey, 25 units
64-66 Bent Street MCKINNON – part 3 and part 4 storey, 31 units
14-18 Bent Street BENTLEIGH – 4 storeys, 55 units
29-33 Loranne Street BENTLEIGH – 4 storeys, 42 units
22-26 Bent Street BENTLEIGH – 4 storeys, 41 units
24-26 Mavho Street BENTLEIGH – 4 storey, 28 units
The best is the sudden epiphany that the zones should have been reviewed. Perhaps Magee has not read the Planning Scheme Report since it states on page 108 – Glen Eira has completed its review of the new residential zones. Really? When? Why isn’t this ‘review’ public? What were the conclusions? We also wonder what Magee means when he states that he has thought about this for a ‘long time’. Does this mean a week, a month, a year? If so, then residents need to be reminded of his comments which follow. The dates are from our postings. Incredible that as recently as February Magee could say that ‘we have a very, very good planning scheme’. Clearly a man who is consistent in his inconsistency!

‘I think the outcome for Glen Eira is superb’ (13/8/2013)

Said that 97% of the municipality has got height limits and 3% commercial with no height limits. Putting height limits on commercial areas has to be done through an overlay, and then community consultation, ‘permission from the minister’, and ‘through a long and detailed process’. ‘If council decides at some point in the future’ to do this, then he would ‘welcome that’ but to do ‘that we would need legal opinion, planning opinion’ and the Minister’s approval. There are some other things that might be done with the commercial zones but he is ‘very, very happy that’ the zones ‘cover 97% of our municipality’. This ‘in conjunction with our planning scheme’ is what ‘makes it work’. (25/11/2015)

‘We can sit up here and refuse it because we don’t like it’ but that would be ‘stupid’ since they know that it ‘already complies’ with ResCode and the planning scheme which was ‘put together with great community consultation with our residents’ who together with ‘council decided what can be built in what streets’ (30/6/2016)

‘I believe we have a very, very good planning scheme’. Last year ‘VCAT approved 582 apartments’ that had been refused by council and that was because ‘it wasn’t consistent with our planning scheme’. ‘Our planning scheme is what our residents said they wanted’. Council ‘went to the community’ and asked ‘Do you approve?’ and residents said ‘yes’. The minister then approved but VCAT ‘only have to consider it’. So when council consider buildings of 9 or 2 storeys ‘we look at residential building codes’, and the planning scheme. Councillors ‘sometimes’ give a permit to ‘buildings we don’t like’ mainly because ‘there are no grounds for refusal’. ‘It is wrong to say we want this and then to vote for something different’. Council and community has ‘asked’ for this planning scheme and that is ‘what is so disappointing about VCAT’ (4/2/2016)

Claimed that if council wanted VCAT to do anything then ‘it would have to be in the form of an overlay’. Overlays need a panel assessment and they could end up saying that ‘Carnegie is quite suitable for 13 storeys’ and Bentleigh ‘quite suitable for 6’. Council would then ‘have to argue against that’, then the Minister would ‘have information’ saying the opposite. S0 ‘there is a risk in asking for something’ that ‘you don’t get what you want’.(25/11/2015)

MAGEE: only the Minister ‘can do anything’ about the zones. When in opposition, Labor was ‘very clear’ that they were going ‘to review zones’ but haven’t done ‘anything about it so far’. He ‘believes’ that ‘we’ve got a very good system’ . In 2009/10 there was a ‘public review’ of the planning scheme and three things emerged that residents wanted – height limits, buffer zones, and ‘less discretion at VCAT’. ‘That’s exactly what the zones are doing’. Regardless of council ‘advocating for this change or that change’ or whether ‘we want a review the minister at any time can review’. Said that MPs are asking the minister to review zones in their electorates. Said that council was’ criticised at one point for not consulting’ but he thought ‘we very much did’ and now to ‘do a review of our consulting’ they would be ‘accused of doing the very same thing’. Glen Eira’s ‘system puts development’ where he thinks ‘it should be’ – in activity centres and along transport routes. Said that there are 3 Residential Growth Zones and the rest of the residential zones are in ‘shopping strips’. Thought that Glen Eira ‘is very, very lucky to have what it has’. If the minister ‘wants to tinker with that and reduce that’ then no council would have room for residential growth zones. If councils all got what they wanted it would all be neighbourhood residential zones. This would be ‘totally inappropriate and disrespectful’ to the 1000 people a year who come to live in Glen Eira. They have to be ‘accommodated somehow’ and currently council has got a ‘system that I certainly won’t be voting to change’ until the minister tells them ‘what that change will look like’. Was worried that if council ‘opened this up’ that the growth zones would increase and ‘neighbourhood zones would decrease’. (30/4/2015)

Apart from commercial zones, there is now a ‘sense of security’ for developers because they know what they can do and get a loan easier. Developers can therefore plan better. Said that the 4 storey buildings around tram lines is only 2.2% ‘of our city’ and ‘you might actually struggle to find a block big enough’ to build 4 storeys because of ‘setbacks’ on top floor. So a lot of these could ‘end up being 3 storeys’. Said it was a ‘really good outcome for the residents of Glen Eira’…..Congratulated officers on ‘getting this through’ and didn’t think it ‘was a surprise because that’s the sort of work we do here’…’we are very good at what we do’. In the future council can say ‘no, it’s wrong’ and ‘go away’ to developers because they haven’t got it right. Also have to thank the state government in ‘being proactive and helping us get this in place’. ‘I think the outcome for Glen Eira is superb’30/12/2014)

CONCLUSION

Not much needs to be said. We will merely ask this simple question – can anything that comes out of these councillors’ mouths be believed? Think of this when you vote!

August 9, 2016

Vote The Bastards Out!

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

We will provide a full report on the ‘debate’ surrounding the Planning Scheme Review in the next day or so. In the meantime residents should take note of the resolution which was passed by all councillors except Magee (and his mental gymnastics are astounding!)

Pilling moved to accept the Planning Scheme Review Report as recommended but with the addition that council ask the Minister to introduce ‘interim height controls’ for the Activity Centres of Bentleigh and Carnegie. This was seconded by Lipshutz.

COMMENT – residents should note: (1) Elsternwick is omitted, and (2) this is NOT A REQUEST FOR INTERIM MANDATORY HEIGHT LIMITS, BUT FOR PREFERRED HEIGHT LIMITS! Quite astonishing given that the Minister has power to impose a mandatory interim control. Further, residents are again not privy to what council will be requesting from the Minister since this will be done under Section 20(4) of the Planning and Environment Act, meaning that there will be NO PUBLIC CONSULTATION WHATSOEVER! We believe that this is a neat ploy to once again sidestep the community and to have the Minister as a ready scapegoat! If council was really concerned about heights in its activity centres then it would have requested that all activity centres be included and that the height limits be mandatory. Once again, smoke and mirrors is the modus operandi of Glen Eira City Council and its councillors!

August 8, 2016

The Ultimate Betrayal!

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

Residents need to take careful note of what happens tomorrow night, especially what councillors say and how they vote on the so called Planning Scheme Review. If this is passed as it stands, then it is a clear message that councillors are not the community’s real representatives. They have to be gone in October!

The euphemistically entitled Planning Scheme Review, is anything but a professional and comprehensive review. It continues the tradition of pro-development, anti-community, and the ‘ let’s do nothing’ mentality that has so bedevilled this council since its inception.

Here are our reasons why this document is not worth the paper it is written on:

Does not meet the legal requirements associated with planning scheme reviews (ie the relevant Practice Notes and the ‘continuous improvement kit’.
Does not present full and comprehensive figures (ie very selective editing)
A work plan that is literally ludicrous and designed to only delay and then delay some more
The absence of any data in this review which assesses the actual performance of the planning scheme.

Questions that should be answered of councillors:

Why is it that practically everything is lumped together under the umbrella of a ‘structure plan’? Plenty of actions can be taken without the need for a structure plan! Parking overlays can achieve the same result. Council had no trouble with Amendment C99 that introduced another student parking overlay to assist the Caulfield Village! No structure plan was needed here!
Why is it that the issue of basement car parking is lumped under the ridiculous category of Water Sensitive Urban Design? Again, a simple amendment to increase basement car park site coverage can be done immediately via a change to the schedules – ie. Stonnington for both its Residential Growth Zones and General Residential Zones has this – Basements should not exceed 75% of the site area.
Why is it that the zones themselves do not rate a mention when this has been the constant cry from residents? Why is nearly half of Ormond zoned as GRZ1 – telling developers they can put in 3 storeys to their hearts’ content? Why aren’t the zones themselves a priority for ‘review’ – especially since Glen Eira has quadrupled its population and housing targets? This of course is not mentioned anywhere!
Why does the section on Local Policy simply state ‘develop new policies where gaps are identified’ and the time span is given as 2 to 3 years? Any decent ‘review’ should already have identified all the gaps!
Why is there no mention of Mixed Use Zoning, or Local Centres, where there are no height limits? Will council only look at Activity Centres and nothing else? Why isn’t this spelt out fully?

There is plenty more that could be said about this effort. We will desist and simply urge all concerned residents to write to the Minister and local politicians and demand that this Planning Scheme review be consigned to the rubbish bin and that Minister Wynne intervene directly and bring in interim measures. If council is incapable or unwilling to do its job properly, then the State Government needs to know and to act now. Glen Eira simply cannot afford another 3 to 4 years of doing nothing!

August 7, 2016

Planning Scheme Review: Spin & More Spin!

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

All Planning Scheme Reviews are basically an audit of how well councils are performing in land management and how efficient their various departments are. The objective is ‘continuous improvement’ backed up by statistical analysis of progress. The Glen Eira review does not meet these requirements. Not only does this review lack real data, but like everything else council produces it is full of misleading and untrue statements.

The best way of illustrating this is to compare the December 2015 Bayside Planning Scheme Review with what is before us from Glen Eira. Councils are required to report on ‘progress’ made from their last review – such as: how many of the proposed actions have been carried out? Bayside reveals the following:

In contrast, here is the Glen Eira version of ‘reality’ –

COMMENT

The difference between the two councils is staggering. In Glen Eira there is no overall data presented and the statements are false. Two examples should suffice:

When council writes that “There were also a number of large strategic projects that were undertaken by Council between 2010 and 2016 that were not noted on the Work plan. These projects are detailed below”. Council then list the Neighbourhood Character Review as part of this ‘non-workplan’. Yet the minutes of 10^th August 2010 contain the resolution that Council “ Complete review of Significant Character Areas as prelude to the introduction of a Neighbourhood Character Overlay”.

Council continues with another furphy on the Municipal Strategic Statement claiming that – “Council commenced a review of the MSS but paused it in anticipation of the release of the State Government review into the Planning Policy Framework. Council’s review was commenced in 2013. Since no outcomes or further direction has been provided by the State Government on its Planning Policy Framework project, it is now imperative that Council completes a full review of the MSS. The latest ABS statistics on population and housing will contribute to this review, together with the latest Glen Eira Community Plan.” An extraordinary excuse for doing nothing, especially when the State Government recommends ‘annual reviews’ of the MSS and the minutes of 2010 (that is 3 years before council decided to get started on any review) contained the resolution that council Prepare a new streamlined MSS for Council consideration and commence the amendment process.

To repeat what we’ve previously stated – countless other objectives from 2010 have failed to materialise (ie parking precinct plans; tree/vegetation protection; review of Activity Centres, etc. etc.) Why aren’t these listed? Why can’t council provide an honest and comprehensive account instead of its continual spin, obfuscation, and to be blunt – lies via the crime of ‘sins of omission’!

August 5, 2016

Planning Scheme Review – #1

Posted by gleneira under Councillor Performance, GE Consultation/Communication, GE Council Meeting(s), GE Governance, GE Open Space, GE Planning, GE Service Performance, GE Transport
[11] Comments

As expected, the long awaited Planning Scheme Review, will NOT BE REVIEWING THE RESIDENTIAL ZONES as demanded by so many residents! Nor does the proposed work plan fill us with confidence that the municipality overall will greatly benefit from what is mooted – especially when suggested time frames go out to 4 years down the track. In this first of our posts we simply summarise sections of the suggested work plan and the stated time for completion.

Structure Plans – Complete first 3 within 4 years. Ongoing, continue with structure plans each taking 1-2 years to complete. (Comment – given that there are 10 Neighbourhood centres – that is a time frame of between 10-20 years!)

Neighbourhood Character Policy – 2 to 3 years.

Heritage Internal Review – 3 to 12 months

Heritage Major Review – 2 to 3 years

Municipal Strategic Statement – 1 to 2 years

Local Planning Policy Review – 2 to 3 years

Development contributions levy – 2 years

Parking Provisions – 3 to 4 years

Open Space – 2 to 3 years

Sustainability Policy – 2 to 3 years

Water Sensitive Urban Design – 2 to 3 years

Transition between zones – 2 to 3 years

Special Building Overlay – 2 to 3 years

Tree Protection Policy – 2-3 years

COMMENT

We acknowledge that due to council’s failure to act on planning issues for the past decade, there is now a huge backlog of work that is required. Having said that, residents should not be prepared to sit back and wait for another 2 to 3 years for changes to eventuate. The Minister’s directive to start work came in December 2015. Exactly what has council done in the past 8 months? How much money has been set aside in the budget to hire consultants to undertake the necessary work? How much of the upcoming work will remain ‘internal’ and secret – such as this statement from page 106 – Glen Eira has completed its review of the new residential zones. Though some community feedback is calling for Council to review the residential zone boundaries, particularly at ‘transition areas’ where two different residential zones meet, it is prudent to wait for the State Government to release its findings before any decision is made about reviewing our own locations.

And if council is so overwhelmed with the task ahead, then there is always the alternative of pinching what other councils have already successfully introduced into their planning schemes. Tree protection is the perfect example. Why this should take 2 to 3 years is laughable and says much about the underlying intentions of this council and its inept planners and councillors.

August 4, 2016

The Minutes!

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

The minutes of the July 19^th council meeting deserve close attention. We have focused on the Public Questions fiasco as well as Requests for a Report

Public Questions

“In light of ratepayers’ concerns regarding Skyrail and lack of transparency to date ,and Council’s unanimous motion seeking information from the State Government,how can Council justify charging exhorbitant fees in relation to FOI’d information?”

The Mayor read Council’s response. He said:

“The Freedom of Information Act 1982 (Vic) provides the public with a right to access documents in the possession of agencies such as Council, subject to the exemptions in Part IV of the Act and subject to the payment of charges which are required to be paid by the applicant before access is granted in accordance with the Freedom of Information (Access Charges) Regulations 2014 (‘Regulations’). When processing requests under the Act, Council is bound by the requirements set out in the Act. Regulation 6 provides that an applicant who has made a request in accordance with section 17 of the Act is liable to pay charges set out in or calculated in accordance with the Schedule to the Regulations.

The Schedule to the Regulations sets out ten items together with the respective charges which agencies are required to charge applicants for particular services as part of processing their requests. These include the reasonable costs incurred by the agency in providing copies of documents. This is calculated by multiplying the relevant officer’s hourly salary by the hours spent in producing the relevant documents.

Council receives many requests under the Act every year and has limited resources available to process these requests. Requests made under the Act can be broad and require many hours of officers’ time to process. This can put a substantial burden on Council’s resources and cost ratepayers thousands of dollars. It also impacts on the provision of other services which Council provides to the community. It is therefore Council’s responsibility to accurately calculate and impose the charges payable under the Regulations for requests made under the Act to ensure that ratepayers are not disadvantaged by the processing of such requests, some of which can be significant in terms of officers’ time.

In most cases, charges calculated by Council under the Regulations are lower than the true cost incurred by Council in processing requests under the Act.”

COMMENT

There is much to quibble with in the above. We have uploaded the ‘regulations’ (here) so that readers may see for themselves what they state and the charges they include. For starters:

Councils are ‘not required’ to charge. They have discretion in these matters!
Councils are also free to waive charges if it is in the ’public interest’. We posit that Skyrail information is very much in the ‘public interest’ of Glen Eira residents. See: http://www.austlii.edu.au/au/legis/vic/consol_act/foia1982222/s22.html

We do love the following questions and the ‘responses’ –

“Given council have spent in excess of $40k isn’t it time for the likes of councillor Hyams and Magee to stop with this childish behaviour towards Councillor Lobo and get on with the job of running the council not on public attacks within the council. I also believe we the rate payers are entitled to see what the QC thought in her report to council- this is public property not confidential; we paid (the rate payers) so we are entitled to be part of the evaluation process. A closed door mentality smacks of a boys club which is far from good corporate governance. The state government needs to watch this council closely.”

The Mayor read Council’s response. He said:

“The Transport Planning department undertook observations of the parking demands prior to the restrictions being introduced in Phillip Street, Bentleigh. At that time, high,long term parking demands where being experienced along both sides of the street from Patterson Road to approximately No. 16 Philip Street. After the restrictions were introduced, the long term parking demands on the western side (i.e. the restricted side) of the street reduced considerably. The Metro Train Network Map (available on the PTV website) confirms that Patterson Station is located within Zone 2, as previously stated. However, since January 2015 commuters travelling across Zone 1 and 2 are only charged a Zone 1 fare (rather than both a Zone 1 fare and Zone 2 fare).

It is suggested by Mr Searle that the 2-hour parking at the off-street car park be converted to all day parking. It is considered that there currently exists an appropriate balance between the various car parking demands in the area. Converting short term, shopping centre customer parking to long term, commuter parking within the off-street car park could have a negative impact on the ability for shopping centre customers to find convenient car parking.

Council Policy Exclusion of Specific Developments from the Residential Parking Permit Scheme was adopted on 26 May 2013. After this date, new developments in local shopping centres have been excluded from the residential parking permit scheme. The list of properties excluded from obtaining residential parking permits within the municipality is available on Council’s website.

Council has received 17 enquires from residents of the Caulfield streets where parking changes were recently made. Residents of these streets have been advised that the new conditions will be reviewed in February 2017. However, ongoing feedback from residents will be sought to inform the review. Council has also this evening received a petition signed by 63 Caulfield residents. Finally, under Item 9.5 this evening Council resolved to review our Parking Restrictions Policy and review parking in Growth Zones, General Residential Zones and Neighbourhood Residential Zones.

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“Now the QC’s investigation is over and the report is in on councillors behaviour when will this be made available to the public and if not why not?”

The Mayor read Council’s response. He said:

“Council will consider the report under Item 12.1 Confidential Business this evening. At that time Council will resolve what, if any, further action will be taken, and whether the report will be released publicly.”

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The Mayor read Council’s response. He said:

“The only transcript of the meeting is the official minute which you will be able to access at the following link : http://www.gleneira.vic.gov.au/Council/Meetings-and-agendas/Council-meetingminutes?dlv_OC%20CL%20Public%20Meetings=(pageindex=2) “

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The best ‘response’ however is –

The Mayor read Council’s response. He said:

“Council welcomes your comments, however as they are not a Question, they do not satisfy the provisions under point 232 (Public Questions) of the Glen Eira City Council Local Law. If you would like to rephrase your comments as a Question and resubmit them we would be happy to consider them at a future meeting of the Council and respond accordingly.”

Request(s) for a Report

Crs Hyams/Magee

That Officers prepare a report into the potential for Council to collaborate with schools in Glen Eira to utilise their open space and grounds for use by sporting clubs and the wider community.

The MOTION was put and CARRIED unanimously.

This request for a report sounds very similar to another request dating back to 2008. The eventual Newton report, tabled months later, recommended the ‘revolutionary’ tactic of writing a letter to all schools and the Education Department. Of course, nothing positive eventuated from this rather lame attempt. Newton’s report was more of the same – schools are not our responsibility but the Government’s, etc. Thus, instead of offering schools real incentives (such as payment), the idea lapsed. And so typical of this council – no corporate memory, no real follow up, and no results over 8 years. Politically though, it sounds mighty fine to regurgitate something that was first mooted 8 years ago and then sank into oblivion.

Here is what the record states from 2008 –

Crs Esakoff/Whiteside

That a report be prepared into any opportunities that may exist for Council in the provision of additional/improved areas of open space that could be used for both passive and active recreation within Glen Eira’s existing school network.

The MOTION was put and CARRIED unanimously. (minutes of 26^th February 2008)

Report by Newton tabled 20^th May 2008. Council resolution read –Crs Esakoff/Spaulding

That Council write to all primary and secondary schools in Glen Eira along the lines of Attachment A and send a copy to the Victoria Department of Education

The MOTION was put and CARRIED unanimously

Of far more significance is the following request –

Crs Delahunty/Magee

That a report be prepared showing the expenses and expected revenue of the Wellness Centre at GESAC and that the report also show options for a social venture element and potential community or business partnerships that can be explored to deliver a social outcome

The MOTION was put and CARRIED unanimously.

Readers will remember that this issue was part of the budget ‘debate’ and was ultimately carried in the face of strong opposition from Delahunty, Sounness and Lobo. We make no comment on the Wellness Centre per se. What concerns us is the politics involved and the apparent lack of due diligence when councillors vote for something and the abysmal lack of information that is presented to both councillors and the public.

When tens or hundreds of thousands of dollars are earmarked for what some may see as ‘dubious’ ventures, then surely the rationale (including facts, figures, projections) should be automatically provided and disseminated. The reasoning behind the expenditure of public money should never be an ‘afterthought’ seeking political vindication or a cheap point scoring exercise.

July 23, 2016

Parking: Glen Eira Versus Moonee Valley!

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

A petition was tabled with 63 signatures on ‘parking in Caulfield’. The petitioners stated that they didn’t ‘want 2 hour parking on one side of the street’ only and that council ‘reverse’ this decision because it ‘was done without hearing first’ what residents wanted. They asked council to introduce 2 hour parking on both sides of the street. They listed quite a few streets where this should happen.

Delahunty moved motion to ‘note and accept petition’ plus that officers ‘provide an update on preliminary and final findings’. Lipshutz seconded.

DELAHUNTY: acknowledged that there’s been an increase in parking issues and ‘that no area is safe’ from this. Thought it right that council is petitioned, but that it comes in the middle of a process ‘that we’re undertaking to gather some more thoughts’ and that the public will be ‘updated’ when the process is ‘done’.

LIPSHUTZ: claimed that because of the parking policy at Caulfield Hospital that what is happening is that ‘the nurses who are employed by the hospital are now parking in these streets’. But if there was 2 hour parking on both sides of the street ‘all that would happen is that the parking would shift’ to other local streets. Thus what ‘has to happen is a concerted approach and a total review of parking in the area’. That’s happening through ‘the review’.

TORRES: said that council is ‘reviewing broad areas’ and that ‘car parking can’t be looked at on a street by street basis’ and that restrictions in one street ‘has the potential to displace parking’ in another street’ so the issue has to be seen in a ‘broader area’. Also said that ‘we are going to consult with the residents in this area after one month’ in order to ‘obtain preliminary feedback and findings on the effect of the changes’. After the ‘prelimary findings’ council would ‘continue to receive feedback and engagement’ with residents and then they will have a ‘far more comprehensive review to report’ at the end of February.

LIPSHUTZ: he supports council in reviewing ‘overall parking’. ‘There is a problem, there’s no doubt there is a problem’ for people living on the south side of Glen Eira Road and people are now parking on the north side as well. Thus ‘there needs to be a concerted approach’ and that is ‘the right way to go’.

LOBO: said this is the second petition within 4 weeks – another one from Bentleigh. Agreed that cars might shift from street to street but residents pay their rates and council needs to start thinking about building ‘3 or 4 parking storeys’. Claimed that this ‘is a result of the developments taking place’ and that ‘infrastructure will not be enough if we are going at the rate we are going’. Wanted council to ‘get our wheels in motion’ to have ‘3 or 4 storey’ parking facilities in Bentleigh and Caulfield and ‘particularly 2 or 3 in Carnegie’.

DELAHUNTY: said that in the area of the petition there is the impact of ‘local employment’ and this is something they ‘want to encourage’. But ‘how do you do that in a hospital setting’ when you’ve also got shift workers. Claimed the ‘solution’ was to ‘listen to the residents’ and that the petition ‘forms part of the consultation’. Acknowledged that it is an ‘incredibly difficult’ issue.

MOTION PUT AND PASSED UNANIMOUSLY

COMMENTS

There is much here that is unacceptable in our view –

Why weren’t residents consulted first before any action was implemented?
On what statistical basis were these changes made? Why hasn’t the evidence been provided?
Torres’ claim that council can’t look at parking ‘street by street’ is surely open to challenge. Moonee Valley Council seems quite capable of investigating its municipality street by street. Why can’t Glen Eira?

FYI – we urge all readers to consider the Moonee Valley approach in terms of direct community input, comprehensive community consultation, and real street by street evaluation. It is also worth taking a look at the links to the documents provided in this URL – http://mvcc.vic.gov.au/for-residents/parking-and-transport/current-transport-projects-and-studies/local-area-traffic-management-plans/buckley-park.aspx

For Residents

Buckley Park Local Area Traffic Management Study

We have been undertaking Local Area Traffic Management (LATM) studies in selected precincts within the municipality in order to manage vehicle movements, review parking restrictions and improve the residential environment.

In 2015/16, we are undertaking a LATM study of the Buckley Park precinct as part of this ongoing LATM program. The study area (pdf, 222KB) is bounded by Keilor Road, Lincoln Road, Buckley Street and Hoffmans Road in Essendon.

The study includes an extensive community consultation process to involve the local community in identifying traffic and parking issues and provide opportunities for community feedback on the developed traffic and parking proposals.

Working group

We have formed a working group comprising 10 community volunteers, Ward Councillors, Council officers and traffic engineering consultants.

The role of community volunteers is to provide local information, act as a contact for the local community and to provide feedback in the development of traffic and parking management plans for the area.

View the Terms of Reference for the working group.

Initial community questionnaire – traffic and parking issues

A questionnaire on traffic and parking issues in your local area was posted to properties in the study area in August 2015.

The closing date for questionnaire responses was Monday, 14 September 2015. Thank you to everyone who responded. The information you provided has helped to identify problem areas and assist us to develop draft traffic and parking management plans for the area.

Draft traffic management plan

A draft Traffic Management Plan (pdf, 1.1MB) setting out recommended solutions to traffic issues has been developed and circulated with a questionnaire to all properties and property owners in the study area for community comment.

The draft plan aims to address the key issues identified by the community in the initial questionnaire on traffic issues distributed to local properties in August 2015, as well as feedback from the Working Group.
The proposal has been considered on an area wide basis to minimise any adverse impacts on adjacent streets.

The objectives of the draft plan are to:

Reduce the incidence and potential for vehicle and pedestrian crashes in the local area.
Improve the safety of local streets by reducing traffic speeds.
Discourage through traffic from using the local area.
Develop proposals that address traffic concerns raised by the community, while maintaining adequate levels of accessibility for local residents, local businesses and emergency services.
Maximise the safety benefits with the available funding (with priority given to reported crash locations and those streets with the greatest level of community concern).

The closing date for questionnaire responses was Friday, 1 April 2016. Thanks to everyone who responded.

The community response to the draft plan is being reviewed by the Working Group, prior to presenting a recommended Traffic Management Plan in a report to Council.

Draft parking management plan

As part of the LATM study, the existing parking conditions within the local area have been reviewed. A draft Parking Management Plan (pdf, 340KB) setting out proposed changes to the parking arrangements in the Dean Precinct local area has now been developed.

This component of the project has involved the collection of an extensive set of parking occupancy data in addition to community and Working Group feedback.

Using the parking occupancy data, the streets where parking changes are warranted have been determined based on our Parking Demand Management Framework.

Our Kerbside Road Space User Hierarchy was then used to determine appropriate parking restrictions in each street.

Below are streets which have proposed changes to existing parking arrangements along with the general location of the changes:

Street	Location
Collins Street	Queen Street to Market Street
Cooper Street	Spencer Street to Buckley Street
Gilbertson Street	Keilor Road and Market Street
King Street	Collins Street and Lincoln Road
Lincoln Road	Queen Street and Market Street
Queen Street	Lincoln Road to end
Spencer Street	Collins Street to Lincoln Road
William Street	Collins Street to Lincoln Road
Keilor Road	McCracken and Collins Street

Residents and property owners in the streets that are directly affected by the proposed parking arrangements have been sent a questionnaire survey to seek their views on the proposals. Alternatively, community members can also provide their views on the proposals via an online questionnaire (external link).

The closing date for responses was Friday, 1 April 2016.

The community response to the draft plan is being reviewed by the Working Group, prior to presenting a recommended Parking Management Plan in a report to Council.

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We make no comment on the outcome for Moonee Valley – ie how ‘good, bad, poor, inadequate’, etc. their plans are. What we wish to highlight is the PROCESS. How one council can, if there is the will, to involve its community before decision making, rather than after the fact which is what Glen Eira consistently does. That means that ‘consultation’ is nothing more than a token exercise when the decision has already been made. Nor are those councillors who consistently endorse such a top-down approach doing anything to engender real confidence that resident views will be listened to and acted upon. Ultimately, drastic and dramatic change is required!

July 20, 2016

The Circus Continues & More Rights Eroded

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

Item 9.9 – Local Law Public Question Changes

Lipshutz moved motion to accept ‘as printed’. Esakoff seconded.

LIPSHUTZ: started off with the less ‘controversial’ aspects of changing the local law such as defining the meaning of ‘drones’ and ‘urgent business’. On public questions repeated the changes – ie questions have to be 150 words or less; submitted 24 hours earlier than currently; 2 questions per person and ‘if present at the meeting the questions will be read out’. If not present then answers ‘will be forwarded to him’ but ‘not minuted’. Claimed that he received ‘numerous’ questions ‘every day of the week’ up to 3 or 4 a day. Those he can’t answer he ‘refers to an officer’. Said that ‘today’ with emails, phones, etc. it is ‘pretty easy to ask a question’ and to contact councillors. ‘So why do we need public questions’ even though it ‘is important to have some public questions’. In his time on council there has been a ‘diminution’ of the aspect of public questions. Claimed that people ask public questions ‘not because’ the ‘answers they really want to know’ but because ‘they are simply out to embarrass councillors and council and that is inappropriate’. Councillors job is to ‘make decisions’ for the benefit of the community and ‘all of us work very hard on that’ and what they get paid doesn’t compensate for the ‘many hours’ they put in. They don’t do it ‘for the money’ but for the community. People might think they do the wrong thing but the ‘way to handle that is at the election’. So they are trying to do ‘the right thing’ and ‘when you get questions that are seeking to embarrass the council’ then ‘that is inappropriate’. ‘If you want to have a question answered come to the council meeting’. ‘Many questions are being asked’ by residents who ‘have no interest in the council meeting at all’. They send a question in because ‘they want it in the minutes’. Went on with changes to Right of Reply where there now didn’t have to be a written statement provided to all other councillors beforehand but this was ‘subject ‘ to councillors being given notice ‘by 12 noon of the day’. Thanked submitters and said that these ‘had been considered’.

ESAKOFF: said that Lipshutz ‘had covered every single point’ so she didn’t have anything to add.

DELAHUNTY: whilst she ‘agreed with some of the changes’ she was voting against the motion. Thought that the proposed changes to public questions ‘ actually diminishes the participation’ of residents. Said that ‘the submissions we received endorsed my views on this’. Said she would like to see ‘public questions spoken here in the chamber’. Agreed that councillors get phone calls so ‘what happens here in the chamber should actually reflect real life and not seek to distance ourselves from it’. Said she’s got a ‘great respect’ for Local Government and its ‘proximity to people’ and the ‘participatory element’ and ‘would hate to see that diminished in any way’. Stated that ‘the more’ the chamber becomes ‘about us talking and not residents talking’ and if you’ve got questions then you ‘are seeking to embarrass people’ then ‘that’s a lack of respect’ and ‘the more we show that lack of respect’ the ‘more distant we become’ from residents. Gave an example of going out to consultation on raising rates for the budget and said ‘we don’t engage enough’ with residents and that this ‘chamber should be your chamber’ and people should be able to ‘walk in and ask questions’. Thought that all councils ‘should be the same across Victoria’ in terms of meeting procedures. Thought the motion was a ‘retrograde step’ in community participation. Found it all ‘quite insulting’.

MAGEE: said his email and phone is ‘advertised widely’ and he does get questions. Said that public questions have included getting ’16 to 20 questions from one person’ and ‘we do have the responsibility to conduct council business’. Said that ‘most of the questions’ are about ‘questions that were asked at the previous council meeting wanting clarification’ because either the questioner ‘didn’t understand or didn’t get the answer they were looking for and wanted clarification’. ‘But to wait half an hour’ before times for questions are closed before submitting the question , and they’ve got 26 questions tonight so to ‘try to answer on our busiest day’ in the three week period between council meetings is unacceptable because ‘these questions could have been asked 2 weeks ago’. Said that ‘there’s never been a question asked of myself that hasn’t been answered’. To say ‘you didn’t answer my question’ properly at the council meeting and then to ‘discover that the question came in at 2 minutes to 12’ so he ‘understands’ why Lipshutz is ‘bringing this into the local law’. Told people to ask their questions as ‘early as possible. You will get an answer’.

HO: said that he would ‘take’ questions from the public at his ‘consultation’ meetings at the café and they can also email him. His ‘consultation’ time would be 10am Tuesday.

SOUNNESS: also has ‘concerns’ with the motion. He feels ‘fairly strongly but not massively strongly’ about the public questions aspect. Acknowledged the submission from the Glen Eira Environment Group. Wasn’t sure whether the 150 words per question should be ‘limited’. ‘Personally I do feel that we should have a record’ of every decision made by council as to who voted for what rather than waiting for a division. Also wanted ‘conversations’ with residents.

LOBO: agreed in part with Lipshutz that sometimes questions ‘can be a nuisance’ but ‘we need to think why would the person come back again?’ ‘Just because we don’t like letters after letters doesn’t mean that all letters are rubbish’. In a democratic society we ‘need to give the public the authority to work in the chambers’. Said state and federal governments have to explain why the public ‘isn’t given a chance to talk’. Stated that ‘it is important that we should not be seen in any way as gagging’. ‘That’s not our job’. Residents are paying councillors and ‘we need to look at the relationship as masters and servants’. Said he would be a ‘hypocrite if I can’t give my residents the chance to talk’.

DELAHUNTY: wanted to ask Magee and Ho on ‘their thoughts about mismatch’ between questions in chamber and questions via letter or email. Wanted ‘for example’ 15 minutes at the start of council meetings for residents to stand up and ask questions in the chamber and ‘would that be an acceptable change’?

MAGEE: said he would ‘encourage that’.

HYAMS: said that Delahunty’s view wasn’t what was advertised, so this would mean that if they were going to change things the proposed amendment would have to be readvertised. He also ‘disagrees’ with the ‘principle as well’. They have rules about questions being out of order ..

DELAHUNTY: raised a point of order. Said she asked for ‘clarification’ only and is ‘not seeking’ anything, just asking a question.

HYAMS: said that ‘leads’ onto the submissions where there are a few good ideas and ‘to adopt them now we would need to put them out to public consultation and start the whole process again’. As for having recordings of council, that ‘would require a change of the local law’. On public questions ‘you don’t want to throw the baby out with the bath water but when something has been abused solidly for ten years’ then ‘you do perhaps want to limit it a little’. People send in public questions and ‘you’ve got no idea who they are because they never show themselves’ and they ‘barrage’ you with questions or ‘ask a majority of questions’ with ‘allegations’. And people ask public questions ‘if they want to get something on the agenda’ and ‘there is a place for that’ like with skyrail and people wanting that on the agenda to have council’s position made clear. But when ‘abuse’ happens ‘more often than not, then we need to act’. So if people want to ask public questions and ‘get it on the record, come and show yourself’. ‘Let us see who you are’. Thought that ‘this strikes the right balance’.

DELAHUNTY: said she wasn’t suggesting that we ‘now alter’ what was advertised. Asked Pilling that according to the current local law it was up to his ‘discretion whether or not you allow questions to come from the public’. Given this, she thought there was room to ‘move an amended motion that we strongly encourage you to use your discretion’ to allow public questions at the start. Didn’t think that this would ‘require any sort of re-advertising’.

PILLING: said he was aware of this clause but was ‘happy to take advice’. Delahunty then read out the section of the Local Law which covered this.

LIPSHUTZ: interrupted with a point of order saying that her question was ‘not pertinent to the motion at hand’.

Extended discussion between Pilling and the CEO.

PILLING: said he wasn’t ‘going to break long standing protocols’. ‘We haven’t done this in the past’ and they’ve considered this in a ‘measured way’ at assemblies and ‘I’m not prepared to make a judgement on the run here’.

DELAHUNTY: then moved an amendment that ‘the chair use the discretion afforded him’ to ‘open the meeting to public questions’. Sounness seconded.

HYAMS: point of order, asking whether it is ‘proper for council to direct’ the mayor to use his discretion.

DELAHUNTY: point of order saying she didn’t ‘direct’ she sought to ‘encourage’.

PILLING: again wanted advice from the CEO.

CEO: said it would not ‘be proper for council to direct the Mayor’ but as Delahunty says she is merely ‘requesting that the council encourage’ the mayor.

HYAMS: point of order saying that this isn’t an amendment ‘but a new motion’.

DELAHUNTY: said that this wasn’t grounds for a ‘point of order’ according to the Local Law

PILLING: ‘I will determine that’. Another long delay and discussion with the CEO. Finally said that he will ‘uphold the point of order’ quoting clause 236

DELAHUNTY: wanted ‘clarification’, saying that the proposed motion is about public questions and that her motion is about public questions, how can it be deemed as ‘irrelevant’.

PILLING: ‘that’s my ruling’

DELAHUNTY: said ‘she knows’ but ‘I am seeking clarification on how you come to that ruling’.

PILLING: said it was irrelevant because it didn’t ‘go to the spirit of the motion’ and ‘that’s my ruling’.

SOUNNESS: asked whether the chair would ‘consider’ another discussion at assembly and then ‘bringing it back to a future council meeting’.

PILLING: ‘no, my ruling still stands’. Claimed ‘we’ve discussed this many times in assemblies’.

LOBO: said that ‘we would like to know clearly from the residents if they really want to do this’.

PILLING: raised a point of order that Lobo hadn’t asked his question

LOBO: ‘we need to ask them, and how can we ask them that?’

PILLING: said it wasn’t a question.

DELAHUNTY: point of order – ‘that was quite clearly posed as a question’.

Hyams then wanted the motion put.

DELAHUNTY: said that ‘I raised a point of order and you were about to rule on that point of order’ and that ‘I am interested in the answer to it’.

PILLING: he didn’t think that Lobo’s question was ‘relevant to the motion at hand’.

LOBO: said he didn’t agree.

PILLING: that’s ‘your prerogative’.

LIPSHUTZ: quoted Delahunty as wanting process to be like ‘real life’

DELAHUNTY: point of order that she didn’t say that, she said that process should ‘mirror real life’.

LIPSHUTZ: said that councillors are ‘available many hours a day’ and ‘many of us are out there’ consulting with residents. We ‘respect our residents’. ‘Public questions is not real life’. They don’t ‘distance themselves’ because people ‘ring up’ and they ‘talk to people’. ‘we are as close to the public as we can be and public questions have nothing to do with that’.

MOTION PUT. VOTING IN FAVOUR – LIPSHUTZ, HYAMS, ESAKOFF, PILLING, MAGEE, HO

VOTING AGAINST: SOUNNESS, DELAHUNTY, LOBO

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Glen Eira Debates