GE Consultation/Communication


Cr. Hyams’ reference to the Leader pre-election blurbs by the various candidates has been the catalyst for this post. Just over a year out from the next election, we thought it would be opportune to consider where we’ve come from, what’s been achieved, and what still needs doing.

The rhetoric that we continually hear is that councillors run the show and that administrators administer. Reading the promises below, a total rethink on this proposition is in order. Nearly every councillor opposed ‘inappropriate development’; nearly every councillor promised better consultation; nearly every councillor thought that carbon reduction was important as was keeping rates ‘reined in’. Three years down the track and very, very few of these promises have materialised into concrete achievements. So what’s gone wrong? Why can’t councillors deliver on their promises – especially since they’re supposed to be in control? Have we simply elected the wrong people? Why have many of these initial worthwhile promises simply bitten the dust? What is the reason for the failure of vision, the failure of real initiative, and the failure to fully engage and represent the wishes of the community? All your views are welcomed!

Councillors’ comments (including those from our ‘dearly departed’) are cited below from the Leader (November, 2008)

TANG: What do you see as the most important issue in Glen Eira?

Environmental, financial and social sustainability. We need to invest in community assets and community building whilst minimising our environmental impact. This can  be achieved while keeping our rates below peer councils.
What is one thing you think you can achieve if elected to council?

I can deliver record investment in community infrastructure such as roads, footpaths, drains and buildings. Top of the list is the Duncan MacKinnon Pavilion and Booran Rd Reservoir Park.

ESAKOFF: What do you see as the most important issue in Glen Eira?

Having a responsive, service-oriented, financially and environmentally responsible Council that governs well and fully consults the community to make the best possible decisions for the people of Glen Eira.
What is one thing you think you can achieve if elected to council?

Making Glen Eira even more liveable by keeping rates low, retaining the pensioner rebate, improving services, facilities, safety, shopping strips and open space, whilst protecting our environment and residential amenity.

PILLING: What do you see as the most important issue in Glen Eira?

Genuine community consultation. We need to build a better council that genuinely listens and acts on what the community needs. I will conduct quarterly open focus forums to discuss concerns and issues.
What is one thing you think you can achieve if elected to council?

Our present council doesn’t take climate change seriously! I will advocate strongly for Glen Eira Council to become carbon neutral by 2018 with a 40% reduction in carbon pollution by 2012.

PENHALLURIACK: What do you see as the most important issue in Glen Eira?

Gaining a financial and recreational benefit from the Caulfield Racecourse Crown Land, which is a jewel hidden behind a gulag-style fence and used for only 20 race meetings a year.
What is one thing you think you can achieve if elected to council?

My experience as the owner of Penhalluriack’s Building Supplies will enable me to bring local knowledge and business efficiencies to council, thereby enabling lower rates and better services and facilities.

FORGE: What do you see as the most important issue in Glen Eira?

 Develop Caulfield Racecourse into a world standard sporting and recreational complex; reform State planning rules in the best interest of ratepayers; and make greater progress of greening our city with canopy trees.
What is one thing you think you can achieve if elected to council?

I attended over 90 per cent of Glen Eira Council meetings in past three years, so am well aware of how I can contribute. I am a skilful negotiator and have experience lobbying.

WHITESIDE: What do you see as the most important issue in Glen Eira?

My priority issue during the past three years in council has been and remains town planning, particularly inappropriate development, protection of heritage properties and streetscapes, especially at boundaries of minimal change areas.
What is one thing you think you can achieve if elected to council?

I am committed to good governance and to a council that listens to people. I believe that the high standard of governance can be continued in Glen Eira with my influence.

LIPSHUTZ: What do you see as the most important issue in Glen Eira?

We must have balanced development but at the same time preserve streetscape and period homes. Additionally rate increases must be contained, Glen Eira must be a leader in environmental matters.
What is one thing you think you can achieve if elected to council?

I can assure voters that responsible and decisive governance will continue. Rates will be reigned in and Glen Eira will become a much greener municipality. Planning will be reviewed.

HYAMS: Why should the electorate vote for you?

Council is about community, and helping residents and ratepayers. As President of the Moorabbin Historical Society, Vice President of Glen Eira Community Associations, local Bendigo Community Bank committee member and until earlier this year cricket club president and Neighbourhood Watch Area Secretary, and as a former councillor, I have a strong history of community involvement. I will work for low rates and a high pensioner rebate, improved community and sporting facilities, better support for sporting and other clubs, improved services for families and the aged, better community consultation, improved safety and better representation to State Government. I will strongly oppose over-development.

STAIKOS: Why should the electorate vote for you?

As a Tucker Ward councillor for the last three years, I have worked to ensure that Bentleigh and East Bentleigh are not forgotten. Some positive outcomes for our local community include the redevelopment of the East Bentleigh Pool, keeping the McKinnon Maternal and Child Health Centre open as well as expanding services at the Bentleigh Centre, committing to the rebuild
of the Centenary Park Pavilion and ensuring that the Home and Community Care Service is as efficient as possible. Looking forward, I want to ensure that Council opposes inappropriate development, establishes a child care centre in East Bentleigh, reduces carbon emissions and fights graffiti.

MAGEE: Why should the electorate vote for you?

I have lived in East Bentleigh with my wife Claire and two children since 1988. I have watched our area grow year by year. The number of double, even triple, dwellings on single blocks has started to change the very look and feel of Tucker Ward. The pressure for places at our kindergartens, child and maternal health centres and schools shows how popular this area is. We need our parks and playgrounds to be safe, our streets well lit and footpaths in good order. I am committed to the redevelopment of the East Bentleigh Pool.

LOBO: Why should the electorate vote for you?

As a Justice of the Peace for Victoria, I believe I am community spirited. By the nature of my professional background I am result oriented. My commitment to the residents of Bentleigh, East Bentleigh and McKinnon is to give our suburbs a strong voice on the council and put community safety and welfare before council’s surplus. I will oppose inappropriate developments; ensure that senior citizens are properly supported; support parents with young children and give young people opportunities to express their creativity in positive ways. A vote for me is a vote for someone who cares with heart and mind.

SPEAKER #8: stated that he was present to learn and this was an issue that he felt the community should be ‘very concerned’ about.
SPEAKER #9 – stated that this meeting is like the first meeting over the Caulfield Park pavilion, ‘when we had some technical matters only that we could discuss’ ….(what been determined here as discussion points is) ‘compliance of the toilet block and the carpark’. So if that’s the case ‘what is there really to discuss at all?’…..’What is the purpose of having us all here to talk about nonsense?’….’We are very concerned about what goes on in the centre of the racecourse……(unless there’s communication)’ what is the point of meetings like this?. They’re a farce!’ Urged council to get some ‘decent consultation going’ because ‘there seems to be a lack of consultation in all areas of open space’. reminded audience of a comment by John Patrick at the VCAT hearing over the pavilion when Patrick said ‘well, car parks are open space’! ‘Now is this an opinion the council holds generally?…..
Hyams interjected and said that no, council wouldn’t define a car park as open space. Speaker said ‘Well John Patrick did in front of four of us here’.

SPEAKER #10 – asked about the fence and if ‘tangalakis could give us an idea of some of the town planning considerations’ in relation to the fence. Asked if this would impact on amenity of enjoyment and whether this was another ground for consideration of the application.

TANGALAKIS responded that ‘appearance’ is what’s important about the fence. ‘How it looks…..and whether it’s appropriate for a park’. Hyams then said that they could modify the fence as part of their considerations.

SPEAKER #11: Asked if playground was part of application – was told ‘yes’. No detail provided about the playground; Tangalakis then asked if the speaker was an original objector and if so she would have seen the drawings. Speaker responded that what she’d seen were ‘board games’  and “I think that is a silly idea’. Stated that she has young children and couldn’t imagine anyone bothering to go over to a board game if that’s all that was going to be offered.  Kids need better designed playgrounds. ..’.waste of money to put a board game there’. Suggested that unless decent scale is erected then it would remain ‘isolated’ and ‘neglected’. Queried the location adjacent to a lake – safety. Needs fencing and will be cold. Looked at plans, ‘i tried but I could not work out the scale so had no idea’ of anything. In support of developing centre, but if the plan goes ahead it will simply be a ‘lost opportunity’ to do something worthwhile. Concerned that this is all MRC work and that council should ‘independently assess’ merits. Objects to fence, and ‘why it’s necessary’ since access is denied until training over, so why need it? Access point for family not officially recognised so makes it difficult for people to get to facilities. Needs to be ‘equitable access’ to these facilities.

SPEAKER #12 – Questioned whether council looked at safety and who (either MRC OR COUNCIL) is ultimately responsible?

TANGALAKIS: ‘SAFETY ISN’T A TOWN PLANNING MATTER’!!!!!!!!! (uproar) repeated ‘Unfortunately safety is not a town planning matter’. Hyams then stated that they would need to get a permit to build the toilets and that’s when safety comes into it. speaker then asked ‘so that’s a separate issue and we have another meeting about it then?”. Answer from Hyams was ‘yes’. Speaker also related that she had rung council this morning seeking information and that since this was a planning application, ‘planning applications are not advertised’. Stated that it’s a really important issue so ‘would you be legally compromised if you put this meeting on your website?’ Hyams talked about putting up notices around the racecourse but speaker exclaimed ‘this affects everybody’ not just people around the racecourse. ‘This is a community issue for 40 square km of Glen Eira’….I couldn’t find out about this meeting I had to ring around’ when there are advertisements for everything else. Brought up C60, subdivision and the centre of the racecourse and ‘no body knows from one meeting to the other ….I am reasonably intelligent; I have followed this issue….completely and utterly confused….and I still am 3 to 4 years later’. (Applause)

SPEAKER #12 – ‘confusion is the name of the game’. Stated that original notices outside racecourse listed 31 Station St so not clear about the centre of the racecourse. Asked people to put up their hands if anyone received a letter from the MRC. Asked to come via the clocktower but dooor was locked. ‘do you realise there is 2km of concretised path to take cars’…..’application to park 1600 cars on event days and there’s no mention of it’. Hyams interrupted saying that this isn’t part of the application!….Speaker responded ‘well it’s on here and I’ve come tonight and this is what I’m going to say’. ‘No mention on original plan….car parking ‘area’. Fence – ‘do people think that we visually want to look at that?’…..’we go to have visual relief….we want to look at green open space….this council doesn’t really understand that’. …’.agree with trainers to improve visibility of the horses….the tenants of the tenants…’. Asked about the lake extension and whether they could have 10 megalitres of dam there since this is ‘another land grab’ since it will increase the size of the current lake. The MRC has also ‘sneaked in….too much roadway’ for ‘maintenance’. ‘That’s another 3 metre wide and probably 400 metres long’ – maybe they can simply drive around the circle?….’we don’t want all those things going through our park. I’ve never heard of such nonsense’. There’s also a description of a light pole ‘how many lightpoles are there going to be?’. ‘I think this needs throwing out and redoing’. With c60 we got a 3 dimension plan. ‘I came to look at this last week and none of this was here – it’s all just being added to every minute’. ‘Give us something to look at, something proper’. No scale anywhere. ‘Redesign this. Get rid of the roads and be honest about how many cars are going to’ be parked in centre. (APPLAUSE)

SPEAKER #13 Noted that he was here last week, banged on the door, ‘jumped in the car’ and raced down to caulfield pavilion. Frstrated that no notice on door that meeting was cancelled.’It’s just courtesy’. Hyams apologised. Speaker said ‘not you, it’s got nothing to do with you it’s administration’. Hyams then said that notices were hand delivered to all objectors. Outcry from audience at this point. Speaker stated he lives near but hasn’t received any of the 431 notices. ‘so somebody’s giving you porkies and be very careful of them’….there is no letters there is nothing’. ‘There’s always secrecy. People aren’t informed at major issues…..I talk to people….when I say come to the meeting they say ‘what for? What the MRC wants, council gives’….’Am I boring you (to Hyams and Tangalakis) I can stop if you like?’ (Hyams no’). Brought up the tetanus issue via a letter from Vic Health website which said that tetanus lives particularly in ‘horse manure’. ‘We have 150 years of horse droppings at that racecourse….tetanus will enter through the smallest break of skin’. The MRC wants tunnel used by people and horses. ‘That is really playing Russian Roulette’…I think you should first get a health clearance on this whole issue before you start building things….have to remove 4 inches of topsoil and put topsoil everywhere….

Audience asked for a response and whether the health issue had been assessed by council. Hyams said ‘we will refer it to our health department’.

SPEAKER #14: stated he was a local resident and only became aware of this in last couple of weeks. ‘I’m leaving this meeting concerned, very concerned about the appropriateness of communication….is the health issue that has just been raised part of the planning? Hyams: ‘we will look at that one’. Speaker then asked whether it was appropriate for the planning department to look at it. Hyams responded ‘kind of not’…..’Can you call for interested parties….to give alternatives(to the plan)?’ Spoke about other countries and how residents can make application for ‘a different type of plan’ for open space. Hyams said that when its council land ‘we do have quite an extensive consultation process’, but in this case it’s ‘not one of our parks, its the MRC, sorry racecourse’. Discussion over MRC, trustees and why power was ceded to MRC. Hyams said he doesn’t know because he has never been a trustee. Question: ‘can we understand why the trsutees have abrogated their responsibility to the MRC?’ Speaker asked that application be set aside and residents give council something else to consider apart from this application.

SPEAKER #15: Asked where this application came from since there’s been an ‘agreement’ between council and the MRC. Was this part of the agreement? Hyams ‘The plans we have are in accordance with the agreement we have between Council and the MRC’ Speakder then said that ‘there hasn’t been any input from the community’. Asked Tangalakis which notes she has taken that ‘will affect the planning issues’. Wanted to know from everything that’s been said, what is ‘useful’? Tangalakis: ‘Just (first speakers comments) to tell you the honest truth’. Asked about health and Tangalakis responded that health is not a planning matter and ‘that’s why we have a health department here’. she would refer it to them. Speaker then asked why a meeting wasn’t held prior to the planning conference? another speaker then said ‘there should have been community input to the scheme that you, the council agreed with the MRC….it happens over and over that the thing that the community is really interested in ….agreed prior….’the horse has bolted. the thing that we are really interested in has already been decided’. speakers asked ‘where to from here?’. Hyams responded that ‘this is the most they(MRC) were prepared to give us, the most they were prepared to give us’. Speaker – ‘so are you saying that this is simply a statutory process and everything we’ve said is pointless?’

Hyams reiterated that he set out the parameters and that ‘these are not things we can consider when we decide’ on the planning permit.

SPEAKER #16: asked about planning law and what can be considered such as the fence. Wanted to know ‘on what basis, or what kind of criteria…..will you recommend that the fence be either 2.5 metres high or 1.5 metres high….on what criteria will you recommend that it be black mesh, or white mesh….on what criteria will you accept ….a dog exercise park smack in the middle of a jogging track….what criteria will you be using and…will that be explained to the community?’ Tangalakis said that she hasn’t assessed anything yet, so ‘you’ll find you’re answers in the council report’.

SPEAKER #17: Forge spoke about her role as a trustee and that she ‘will take the ideas’ from tonight to the next trustee meeting.

Tonight’s Planning Conference revealed once again the total disregard that this Council has for its residents and their views. It began very much like the previous one: directions to objectors stated to enter via the clocktower entrance. Of course this door was locked! No signs to direct people were put up at the other entrance from the carpark. Only 10 MRC plans were copied and available. Effie Tangalakis (as the Planning Officer) and Jamie Hyams as member of the Special committee chaired the meeting. From the committee Esakoff and Lipshutz were present (sitting in the back), and representing other councillors were Forge and Penhalluriack. There were approximately 30 residents present.

Hyams got the ball rolling by stating that the evening was not designed to ‘bag’ the MRC – it was strictly a planning conference. Tangalakis informed the audience that there wasn’t too much change in the planning scheme from the last meeting – just a few minor adjustments such as grassed areas. No additional objections. Advertised the same way as last time – 432 notifications sent to owners and occupiers, one ad in the Leader. She summarised original objections. Stated that the application had been referred to traffic and other departments. Her job was to assess whether the plans complied with the ‘Public Recreation zones’ of the planning scheme and whether ‘building and works will pose any adverse amenity impact’.

Questions and comments were then taken:

Penhalluriack stated that since planning conferences are meant to bring parties together and try and resolve issues, ‘where are they’(ie the MRC didn’t show up as per last time). Hyams replied that this ‘does happen from time to time in planning conferences’ where the applicant choses not to show up.

Speaker #1 – Excited that a public park is on the horizon – but that plan lacks real detail. Council has power over residential development it should also have power over this application. It’s basically ‘all about toilets’. HYAMS interrupted at this point to say that it’s not for council to tell the MRC how good their plan is. Speaker continued with: ‘There is no detail in the plan…and who is going to be maintaining this equipment in a Glen Eira public park?’ Access isn’t addressed and ‘can’t be used for horses if people with prams, bikes…..soccer players are to use it for access.Explain access paths (for soccer players)…(No map signage mentioned)…’Is there lighting for walkers, joggers….signage, communication….all of these things are part of this plan…(Suggested performance benchmarks and penalties to be set) and to make it happen’. Quoted the Select Committee again from 2008 where the MRC was criticised. Asked where the trustees were since this is in their jurisdiction. Horses should also have room to graze and not be cooped up in sheds. Spoke about removal of training and lack of open space in Glen Eira.’Can they resubmit to make it accessible and to invite the community to see what this public park can be?’ (APPLAUSE)

Hyams again talked about the MRC application and the job is to ‘see whether it fits in with planning law’…’we will decide on planning grounds and planning grounds only’ – so the question of horse training ‘is not something that we’re going to take into account…it’s not what we’re here to discuss’.

Penahalluriack: Said that the MRC has already modified their plans and that what is needed is a ‘park that is going to work’.

SPEAKER #2: we always hear these sorts of things when we come to these meetings ….everything that the community is saying is irrelevant….because (it’s all about planning) and frankly, I’m getting a little bit tired ….I know it’s a planning conference but I would be interested to hear what are these planning realms….what does (the MRC) know about designing a playground….we need a good playground a well designed one….(with) good access…..and importance of access in north west corner….so if you’re not interested in hearing from us (about these things which concern us) what can we talk about?….

TANGALAKIS: ‘it’s about the construction of the toilet block,….construction of the parking area – not the number of spaces – ….just the construction of it….that’s it!

SPEAKER #3: Supported previous speakers and ‘just appalled’ about the whole thing. Asked what grounds for refusal and Hyams said it’s ‘not grounds that you have it’s grounds that we have because we have to make the decision’….we can only do it on planning grounds….

SPEAKER #4: Asked if council has already agreed upon this. Hyams said that council, ‘wearing the hat’ of recreation agreed on the deal and ‘now it’s coming’ to council for decision. Explained about the council ‘agreement’. Penahlluriack spoke about how little opportunity there was for public input and ‘that that was not very democratic’. (APPLAUSE) Speaker then said that it was voted on by council, there hasn’t been an opportunity for consultation and now going to planning committee and again no consultation. it
was a ‘sham planning process’.

SPEAKER #5: Wanted to ask MRC questions but not present. Asked about 2.1 metre mesh fence. Wanted details about the fence and whether it is a ‘permanent structure’

TANGALAKIS: ‘I presume the fence would be a permanent structure’. Speaker then asked that if training goes will the ‘fence remain in position’? Tangalakis said that she ‘wouldn’t know’ because it’s not under town planning consideration. Question from audience – ‘so you’re voting on something that you don’t know?’. Tangalakis said that it wasn’t ‘appropriate’ for her to comment nor something that she could assess.’The only thing that I can assess it it’s height and what it looks like’. Speaker queried how you can have a permanent fence across a recreation ground. Spoke about original crown grant. Said he saw this as an ‘application to divide the area’ into racecourse and public area….’so open area (with access for the public) will be gone forever’…

SPEAKER#5: Speaker lives distant from racecourse. Objection is about open space and what happened in Stonnington. Open space is promised but it doesn’t eventuate.

SPEAKER#6: Lack of community consultation especially around public land. Said that no one can explain to him the ‘legal entitlements given to the MRC’. Wanted someone to explain what is involved in public and private land at caulfield and not have ‘dual owenership concept used as a tool to betray the public interest’. ‘the land is public land and therefore the public have every right to decide what that use should be’. Major issue is that there hasn’t been a public consultation. Hyams explained that some of the land is freehold and other parts are crown land administered by crown. Asked to show these areas on map, but stated that he wasn’t sure and that the decision isn’t based on his ability ‘to delineate the areas’. Penhalluriack then explained with laser pointer which areas were freehold and crown land. Also went on to explain access points – plan however doesn’t show all access points.

SPEAKER #7: Was concerned about racecourse’ disappearing behind fences’ and that this proposed fence shouldn’t further restrict access. Last ten years have witnessed diminishing access. Also raised issue about ‘all purpose playing field’, now all of a sudden it’s designated as a soccer pitch.  Wanted to know how that happened. By designating it as a soccer field this gives preference to a certain group of residents/clubs. What’s needed is a multi purpose field that will allow more and different groups to use it.  It will become the ‘thin end of the wedge of exclusion here’

Someone asked for clarification on this and Hyams responded that ‘it’s not really a planning issue’. Interjections came ‘but it’s in the plan’; ‘do we have any say?’ ‘who decided on soccer?’ Hyams answered that ‘that was agreed between MRC and Council’. Another comment ‘it wasn’t council – it was 5 people’. Speaker then said that calling it a junior soccer field has somehow ‘surreptitiously snuck in’.

WE WILL REPORT ON THE REST OF THIS MEETING IN THE DAYS TO COME. WATCH THIS SPACE!!

From the minutes of August 9th, 2011

Question 1. – Planning

“Could you please answer the following questions:

1. What is council’s policy and or current practice regarding notification to objectors as to the date of planning conferences?

2. On what criteria does determine the time span between the closing date of objections and the setting of the planning conference

3. Will council make the guidelines available to the community?

4. Why has the 15 August been selected which is only a week after objections close

5. Why is council website so behind – showing May 2011

6. Could council possibly postpone planning conference of 15 August?”

 The Acting Mayor read Council’s response. He said:

“1. The administration of planning conferences policy states that:- “The Planning Office will send invitation letters to all parties five days prior to the scheduled meeting.” In this case the planning conference invitation letters were sent to all parties on 1 August 2011.

2. There are no particular criteria beyond Council’s statutory responsibility to decide town planning applications within 60 statutory days.

3. Yes if requested.

4. Objections do not “close” until the time the Caulfield Racecourse Precinct Special Committee decides the application.

5. More information is needed to answer this question. Where on the website does it refer to “May 2011”.

6. No reason is seen to delay the planning conference. A planning conference is a non-statutory step Glen Eira City Council chooses to take in the town planning decision making process.”

Question 2 – Planning & Costs

“Would Council please advise the specific terms of reference provided to the DPCD for the Planning Panel Hearing on the proposed Planning Scheme Amendment C83 (removal of Heritage Overlay HO114 on the properties at 466 Hawthorn Road, Caulfield South and 2A and 2B Seaview Street, Caulfield South).”

The Acting Mayor read Council’s response. He said:

“The role of the Panel is to give submitters an opportunity to be heard by an independent forum in an informal, non-judicial manner. A Panel is not a court of law. Panels also give independent advice to the Planning Authority and the Minister about the
proposed amendment. Council does not provide the Panel with any terms of reference.”

Question 3 – Costs

3. What is the total cost to date for each of the following:

1. Engagement of an independent note taker

2. Engagement of a governance advisor to provide instruction as per the recommendations of the Municipal Inspector?

4. The total legal costs pertaining to the reappointment of the CEO in 2008?

5. The additional advice sought from 4 independent heritage advisors on the 466 Hawthorn Rd property?

6. What is the anticipated or actual cost for the external legal advice involved in the GESAC allocations to either the McKinnon Basketball Association, or the Oakleigh Warriors?

7. Will any of the above items be expected to accrue more costs? If so, which ones, and what is the range of this expectation?”

Part 3 of your question was deemed inappropriate pursuant to Local Law 232 (2) (j) (iv) as it refers to a matter which would, if answered, breach the confidentiality provisions of the Local Governmant Act 1989

  1. $5,148.00    2. $6,532.00     4. $29,502.83    5.$790.00   6. Current cost is $3,825.00

1 and 2 may accrue more costs and 6 will.

Perhaps this blog site needs to take a little credit for the miniscule advances that occurred tonight in regard to the Advisory Committee Reports. In the past, committee reports have simply been ‘noted’ and the motion has always included that the recommendations be accepted. Tonight things were different for the Local Laws Committee and the (intended?) removal of the
public questions section from the local law. The report was merely ‘noted’! Here is the sequence of events:

Hyams started off by saying that since these minutes ‘have more substance’ than usual, they’ll deal with them separately. Lipshutz moved that the minutes of the Local Laws Committee ‘be duly noted’. Seconded by Pilling.

LIPSHUTZ: ‘ordinarily I would be moving a motion that would also seek a recommendation …..(but in this case)…this is the beginning of a process…..we also looked at the issue of public questions… (wanted to move an amendment that the word repetitive’ be put into Tang’s request for a report from officers on time taken to respond)….public questions are (currently governed by the Local Law….(which is a) very very blunt instrument…you can’t amend that very quickly….(so we want public questions as policy) which makes it more flexible….(gave examples of other councils where public questions come from the floor) we can’t even look at that….but if it were in policy we could look at all that….and make it more flexible for….the public….(so that’s one issue to bring back to council).

Went on to discuss the local law 326 about permits …..people in gallery ‘will note there have been many questions about this issue by one particular gentleman’….’we looked at the use of our land….we have again made certain recommendations….awaiting officers to come back to us with proposals….it will take some time to get it right….. Nothing will be done until there is a ‘formalised recommendation’ to make to Council. Then public submission.

PILLING; ‘I did have concerns about the public question ….(in favour of) more open procedure….having a more flexible policy can allow for this…changing the local law takes a year or so…..(so supportive of this).

PENHALLURIACK: Local Law 326 has concerned me for a long while…my concern is that we are (comparing like with ike)….don’t think there is any necessity to try and define what sort of sporting body can register’. Supported the other aspects which would allow Council ‘to experiment’ a bit…

LIPSHUTZ: thanked Penhalluriack for his comments and said that 326 was a ‘vexed question’ ….(and the committee looked at) how best to use public land….it was a very very long meeting, much discussion….and not yet considered completed….(once officers’ proposal comes in he is sure that councillors) will play around with….and hopefully come up with something that works best….

CARRIED UNANIMOUSLY

CONSULTATION COMMITTEE MINUTES

Penhalluriack moved motion to accept recommendations. Seconded by Lipshutz

PENHALLURIACK: ‘These minutes are more comprehensive ….particularly with recommendations from the public…. sets out a vision….’

HYAMS: ‘certainly a fairly significant set of recommendations….we did debate it at quite great length….whether to have an aspirational committee plan above the council plan….(but came to compromise)….and long term council plan which includes a vision …..plan be developed by steering committee (which has 3 external community reps)….asking officers to draft (new engagement strategy based on submissions from public)….and the committee will consider it when (drafted)….in turn will come to council for adoption….(outlined changes such as) ‘proactive engagement’ ‘to clarify where there is input and where there is feedback’….

CARRIED UNANIMOUSLY

RESPONSES TO PUBLIC QUESTIONS

There were a number of public questions. Several by Mr. Varvodic were again declared inappropriate and classified as ‘harassment’.Responses to others that residents should note are:

1. The application by the MRC for the Centre of the Racecourse will come under the auspices of the Special Committee and NOT FULL COUNCIL

2. Ratepayers will be footing the bill for the convened Planning Panel to consider the 466 Hawthorn Rd Heritage listed properties

3. 20 full page colour ads for GESAC in the Leader over the past few months were reported as costing only $20,000

4. Questions as to policy on notifying residents of planning conference meetings remained unanswered – although ‘responded to’.

5. Questions taken on notice at last council meeting were tabled.

Finally, Cr. Penhalluriack used his ‘Right of Reply’ option to address council on the Bayside Weekly article which appeared this week. We will present a summary of his speech in the next few days.

The agenda items for next Tuesday’s council meeting represent the absolute rock bottom in the history of this dysfunctional Council. The onus is now very clearly on councillors to stand up and question, and ultimately reject the appalling manipulation that is evidenced by these items. We’ll go through the most important ones:

  1. Local Laws Advisory Committee (Lipshutz, Tang, Pilling)

When the Local Law came up for consideration in 2009, the argument that several residents put forward was that the Councillor Questions Policy (ie. the ‘no surprises’ gag) should not be included in the Local Law. This was of course rejected! Now, funnily enough, we have the committee recommending:

“that the public questions process be removed from the Local Law and replaced with a right to ask questions in accordance with guidelines in force from time to time. The guidelines would need to be approved by Council.

Cr Tang requested a report as to the time taken up in answering public questions”.

When literally every other council in the state includes Public Questions as part of its Meeting Procedures within the Local Law, why is Lipshutz (aka Newton) and his gang determined to be different? What are the ramifications of such a change? And what little cute Dorothy Dixer is Tang playing at? We are also concerned as to the LEGALITY of such an attempt to abort democratic process given that the Local Government Act, 1989 states: “A Council must make local laws governing the conduct of meetings of the Council and special committees”. Public questions are part of council meetings and as such must be included in a local law!

2. Community Consultation Committee 

Again in stark contrast to previous practice the so called ‘Engagement Strategy’ has now been left in the hands of Esakoff, Hyams and Lipshutz! The 12 submissions that were received are not published, no names are given, and it is this committee which is to make recommendations to council. All well and good, except that Council does not appear to have had any privacy concerns when it published in full, submissions to the Toilet strategy, and other minor ‘consultations’.
We can only marvel at the ‘selectiveness’ of this mob and how transparency and by implication accountability is sabotaged time and time again!

If there is nothing to hide and if the officers’ report is a true reflection of the comments made by residents, then why not publish the full submissions? Why not go to full council? We can only wonder whether ALL COUNCILLORS HAVE EVEN READ THE SUBMISSIONS. For something as important as engagement/consultation, what we have here is again a sham and an insult to those individuals who submitted and to residents everywhere.

3. In Camera Items

This is where things get really interesting. One item concerns the MRC and Crown Land. We thus ask: why is council considering it (and in camera) if this concerns the land swap between the MRC and govt? What of the subdivision? Why is the community again being kept in the dark?

Then there’s the GESAC legal bills over allocations, and ‘contractual’ items over GESAC. If everything is going so well (ie on time and on budget) then what’s there to mull over ‘contracts’ at this point in time? Or is the public again being sold a furphy on progress of GESAC?

Another interesting item from this section relates to ‘personnel’ and compliance with the Local Government Act! Gosh, another potential breach of the act by someone? Another Municipal Investigation perhaps? or more work for the Ombudsman?

There’s plenty more in these items that require careful reading. The ball is now in councillors’ court. Will they once again acquiesce without a whimper? Will anyone have the guts to open their mouths and demand answers to fundamental questions of process, transparency and good governance? Or will silence and complicity reign supreme?

From the minutes of Port Phillip’s last council meeting on the Community Representative sitting on the Melbourne Sports & Aquatic Centre Advisory Committee. Note the contrast with GESAC’s Pool Committee!

 CITY OF PORT PHILLIP

2011
TERMS OF REFERENCE FOR MELBOURNE SPORTS AND AQUATIC CENTRE ADVISORY COMMITTEE

  1. Purpose 

The purpose of the Melbourne Sports and Aquatic Centre Advisory Committee is to assist Council to get the best result by ensuring that the views of relevant community members, government agencies and others are expressed and taken into account in the ongoing operation of the Centre. The Committee will:

Provide advice to Council on matters associated with Council’s interest and involvement in the development of the Melbourne Sports and Aquatic Centre at Albert Park Reserve, and, in particular, the development of the Community Aquatic Centre component of the overall complex.

Represent the interest of Council and the community and, in particular, in respect to those matters associated with the Community Aquatic Centre’s design, management and pricing structures.

Pursue a pro-active role in gathering information relating to the operation of aquatic facilities elsewhere, with the view to presenting issues and information to the Aquatic Centre which might be of benefit in improving the design, management and/or operation of the Community Aquatic Facility component of the overall complex.

Pursue on behalf of Council and the community the following objectives in relation to the development of the Community Aquatic Centre component of the overall complex.

………..

The council will appoint members of the Committee. The membership of the Committee will be:
City of Port Phillip (Councillors) x2

City of Port Phillip (staff)

Joint Councils Access for All Abilities

Melbourne Sports & Aquatic Centre (MSAC)

Swim School

Regular community MSAC aquatic centre user X2

Inner South Community Health Service

(Allied health professional qualified in hydrotherapy)

Regular MSAC Hydrotherapy user

The Chairperson will be one of the Councillors.

Community members of the Aquatic Advisory Committee will be appointed by Council for a period of up to 2 years. Every 2 years positions will be advertised through the local paper, on notices at MSAC information boards, on the MSAC website and in the Divercity publication.

Once again there has been a very limited consultation process for an important strategic policy. The accompanying two and a half page officer’s report on the consultation is incredibly bereft of detail and once more entirely misleading. The first two pages in fact merely repeat the previous motions, and we get a full page regurgitation of the advertising strategy. The actual results from the ‘consultation’ take up less than half a page and include such generalities as:

“The main message of the consultation process was that it is a step in the right direction but that more could or should be done.”

We are also informed that there were 531 ‘visits’ to the Have your Say link on council’s website. Do not be deceived – this is NOT to the ‘Have Your Say’ online forum, but merely to another webpage where users could fill out a form or email council with their thoughts.

Interestingly, we are told that there were 35 submissions, but only groups are mentioned.

Comments on Officers’ Summary

Our major criticisms relate to appendix 1 – the summary authored by officers of these 35 submissions. Readers should carefully note the following:

  • There is no consistent indication as to the respective authors of the various submissions. That is, we are not told whether each point is to be accredited to Resident 1, Resident 2, or Resident 3. Hence there is no way of knowing whether all comments from the 35 submissions have in actual fact been included in this ‘summary’. Council can of course, put our
    minds at rest by publishing the full submissions – as most other councils do!!!!
  • Of the 93 individual comments included, 52 resulted in ‘No Change’ classifications, whilst 16 resulted in the comment ‘Note’. This latter ‘action’ was usually in response to complimentary comments! Hence of the remaining 26 points 13 resulted in decisions to ‘advocate’, whilst others included such gems as providing a definition for ‘sustainable’. Note that the entire strategy has been labelled ‘sustainable’!!!!!!!
  • Also worthy of mention is the decision not to change anything since the recommendations ‘fall under the ‘Prepare a Walking Strategy Action’. Surely walking must be an integral part of any ‘sustainable transport’ plan?

Our conclusions are obvious. Consultation at Glen Eira remains inadequate in both process and outcome, whilst reporting procedures lack transparency and comprehensiveness. Residents opinions are once again given short shrift and basically ignored!

There’s a wonderful irony, if not straight out hypocrisy, in the just completed ‘consultation’ process on the ‘Community Engagement Strategy’. Last night there was a meeting of the Consultation Advisory committee which considered residents’ Submissions. The official letter of response to these individuals is below –

 

We point out the following:

  • At the last review of the ‘consultation policy’ several years ago all submissions were published
  • The submissions were presented at a full council meeting which then ratified the policy

This time, submissions have gone to the ‘consultation advisory committee’ consisting of our favourite little gang – Esakoff, Hyams, Lipshutz and Penhalluriack. Using our imaginations we conjure up the following chain of events last night:

  • The submissions were buried under piles of other agenda items
  • There was probably only 5 minutes of discussion regarding the submissions
  • Councillors on the committee had not read them
  • Other councillors have not read them, much less clapped eyes on them
  • The ‘outcomes’ will be presented to council via the eventual minutes of this advisory committee meeting.  This means that when voting to accept the recommendations of this committee meeting, the full council will also be ratifying any decisions on the consultation policy. There will be no formal council debate specifically on the question of ‘community engagement/consultation’.

So after so much fanfare about this ‘new’ draft engagement strategy the process fails to adhere to its own recommendations on ‘methodologies, tools, and methods’. Only written comments and submissions were allowed – no use of the online ‘Have Your Say’ forum; no opportunity for residents to address council on their submissions; no really informative letter back – simply the
nonsense of you’ll be informed of ‘outcomes’!

As always, this just goes to show the yawning gap between the rhetoric of this council, and the reality. And as per usual, everything is cloaked in secrecy. We therefore challenge council to mend its ways and to:

  • Publish all submissions
  • Permit speakers to address council on the issue – but with plenty of notice and advertising
  • To account in detail for every resident recommendation that is rejected or accepted

We also extend an open invitation to any resident who would like to forward us their submission. We will put this up anonymously if you request this. In this way, we hope to ensure that if council does not publish the submissions, then at least some of these will be available to the public via this website.

From the Draft Engagement Strategy:

“The advantage of a quantitative approach is that it produces valid and statistically correct data. The disadvantage with the approach is that it does not provide detailed information about how key stakeholders feel about the proposal and does not enable people to suggest alternatives or to become significantly involved in the process.

Qualitative engagement tools allow key stakeholders to be involved in the process to have their say, voice concerns and comment on detailed proposals or possible courses of action. Examples include focus groups, public meetings, forums and information sessions.

Such engagement techniques are valuable for understanding the perceptions and views of the community, generally those members who have a significant stake in the proposal or have strong feelings about it. It is very important to recognise that qualitative engagement techniques do not, however, provide information about the total numbers who support the proposal.

A common error is to confuse the two methodologies and assume that a qualitative methodology has provided quantitative data. For example, because 100 people have attended a public forum and supported a proposal, it can be wrongly assumed that the proposal therefore has community support. Hence a forum can provide information about WHY people support the proposal but provides little information about HOW MANY in the overall community support the proposal.”

AND

“Community engagement processes will be regularly reviewed and evaluated to ensure that they adequately capture community views, that methods are accessible, timely and easy to use for community members and any appropriate improvements be made
to Council processes”.

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