GE Council Meeting(s)


The Agenda for next Tuesday night’s Council Meeting is out and, as predicted, the Caulfield Village Development Plans, plus the screen, plus the sale of land to the MRC have all been given the green light with some incomprehensible, vague conditions which are practically all ‘cosmetic’. One thing that residents should note is that after all the promises of ‘certainty’ the plans have now changed again. Instead of 20,000 sq metres of office space, there will not be one square inch of office space. Our forecast: another 20,000 square metres of residential cubby holes down the track!  And of course the argument remains that all of this is still in accordance with an Incorporated Plan which residents never got to comment on at the Panel Hearing for the C60! We will be reporting on Ron Torres’ recommendations in detail once we’ve had the chance to absorb the document fully. (PS: Correction – this should read Jeff Akehurst)

Several other items are worthy of comment:

LOCAL LAWS COMMITTEE

Meeting was held on the 9th April 2014, where the minutes of the last meeting was accepted. This previous meeting was held on the 6th May 2013. So this committee which is so concerned about Tree Registers, Meeting Procedures, Organised Sport, hasn’t met for nearly a fully year. What an absolute joke! And what has this current meeting achieved? We quote:

Classified Tree Register

The latest draft of the Tree Protection Local Law and associated documents were discussed. A number of minor amendments were suggested. It was agreed that the amended draft be provided to Council for further consideration.

Action – Corporate Counsel to amend.

Meeting Procedure amendments

The latest draft of clauses 225, 232, 238 of the Local Law were considered and a number of amendments were suggested. It was agreed that the amended draft be provided to Council for further consideration.

Action – Corporate Counsel to amend.

There’s also another item raised by Lipshutz which we assume could relate to the Friends of Caulfield Park and their attempts to advertise their Bandstand Concerts which Council in part paid for via a community grant. Here’s this item – make of this what you will!

Cr Lipshutz raised the issue of the placement of “A” frame advertising boards in Caulfield Park. There was a discussion on the current permit requirements and rationale for such permits.

In what can only be interpreted as a real slap in the face to community, 4 councillors last night showed exactly how hypocrisy reigns supreme in Glen Eira. For all the talk of ‘listening to the community’ and the absolute waste of public funds on ‘consultation’ year after year after year, it is the secret, behind the scenes ‘negotiations’ that matter far more than what ratepayers want. As Pilling so disingenuously stated ‘consultation is only part’ of decision making despite the fact that in September 2013 he had extolled the virtues and the binding nature of ‘consultation’ when he moved the motion to ‘restore’ the conservatory saying at the time that the motion ‘was justified by the consultation’.

The conservatory will be destroyed thanks to the votes of Lipshutz, Pilling, Esakoff and Delahunty – the latter seconding the Lipshutz motion. Hyams and Okotel were absent. Camden ward voters should note that this decision was supported by 2 out of their 3 representatives! Sounness, Magee and Lobo voted against the motion.

The hypocrisy mentioned above is made all the more apparent when we turn to our archives and highlight the sad history of the conservatory ‘debates’ over the years. Yes, individuals may alter their positions but certainly not for a paltry $200,000 and not when the community has spoken again and again about what they want done. This issue we believe is far more about integrity than money! As we’ve said, millions of dollars in budget blow-outs occur (ie Duncan MacKinnon, Booran Road Reservoir; car parks at GESAC) and no doubt will continue to occur. We therefore invite readers to peruse previous comments made by these four councillors at different times and ask themselves whether or not they are truly the voice of the people?

OCTOBER 2011

Pilling – sooner ‘we get back to restoring the facility the cheaper it will be’…

MAY 2013

Lipshutz – ‘There’s no suggestion’ that the place would be ‘demolished’…….‘it’s for the community to decide’.

Delahunty – important that community has input to get this ‘right’ but the question is what’s ‘right’. It’s always been her ‘ethos’ that the role of a councillor is to ‘represent’ and there are strong views about this issue and community groups such as Friends of Caulfield Park ‘can inform us’ and ‘own this process’ as to what it will look like down the track and not ‘spend the community’s money’ on what mightn’t ‘be the end result’. Said that previous consultation wasn’t about concepts and ‘possibly didn’t ask the right questions’ nor ‘broad enough’. Thus she thought that ‘we have to take the lead’ and tell people ‘these are the options’ and ‘hoped’ that community groups ‘take hold of this’. They should ‘inform us’ and ‘help us deliver’ the outcomes. Previous survey ‘only heard from 312 people’ and that’s ‘possibly not enough’ and wanted a ‘more ringing endorsement’ about what to do. ‘Will cop’ that this (ie consultation) has been ‘done before’ but ‘let this be the last time’.

Pilling: Said that the last resolution was to fix up the conservatory and ‘protect’ it and that this motion just ‘delays that’.

SEPTEMBER 2013

Delahunty – ‘that’s the process, that’s how it should happen’ that people are asked. ‘I really want to see the community involved in this’ so that in ‘ten years time’ if it comes up again. Wanted community groups to put forward their ‘great ideas’ and that it ‘encourages interaction’. ‘It’s a very clear outcome now’.

Pilling – acknowledged that there were divergent views from councillors but they were motivated by the desire to use ‘the conservatory better’ and ‘this has been justified by the consultation’. Ultimately ‘this is a win for everyone’.

Here we go again, with the continuing saga of the Caulfield Park Conservatory. The Council agenda for Tuesday night contains this set of recommendations/’options’ authored by that ubiquitous entity – Mr Nobody!

Options include, but are not limited to:

a. select a tender for the restoration of the conservatory and accept the significantly increased cost;

b. remove the conservatory and return the area to open space including new plantings of exotic species – estimated cost $75k;

c. remove the conservatory and amphitheatre and return both areas to open space including new plantings of exotic species –estimated cost $140k;

d. undertake consultation on alternative proposals;

e. other action as directed.

7. Recommendation

That Council give direction.

Residents may well ask:

  • Didn’t Council really know that the cost of refurbishment would be more than the amount budgeted for less than a year ago? Or is this officer’s report just another example of fudging the truth? For example we urge readers to return to somee of our earlier posts (https://gleneira.wordpress.com/2011/10/12/council-meeting-caulfield-park-conservatory/ and https://gleneira.wordpress.com/2013/05/01/the-conservatory-debate/) where Lipshutz , arguing for the café option, states that ‘keeping the conservatory’ would be $300,000 to $400,000. That was October 2011!
  • Since when has the realisation of increased cost been a deterrent to find extra money by this council? We note the 2 GESAC car park extensions; the blow out from 6 million to ten million for the Duncan MacKinnon Pavilion and now the mooted 7 million to 9 million for the Booran Road Reservoir! Finding extra money for these mega palaces has never been a problem in the past.
  • Why has the conservatory been allowed to become so run down year after year? To the best of our knowledge the only funds allocated to any kind of work on the conservatory was $100k in 2007/8. Since then it’s basically been allowed to rot!
  • How many more goes should residents expect on the issue of the conservatory? How many more resolutions regarding ‘full restoration’ need to be carried before anything is done?
  • As the minutes of April 2013 tells us –

Council has considered the matter at its Ordinary Meetings of 13 December 2006, 14 December 2010 and 11 October 2011. On the last occasion Council resolved:

“(a) That Council recognises the heritage value of the Caulfield Park Conservatory

(b) That Council determine not to proceed with and Expression of Interest campaign for the Caulfield Park Conservatory

(c) That Council considers funding in the 2012/13 budget for the repairs and full restoration of the Caulfield Park Conservatory.

Carried”

That resolution of course went nowhere since the cafe option reared its ugly head once more only to be soundly trounced by community views in the ensuing ‘consultation’. It’s certainly time that councillors accept what the community wants and that they ensure that ‘full restoration’ and adequate maintenance is carried out immediately. Eight years of neglect and pussy footing around has to stop.

URGENT BUSINESS

Magee moved a motion that Council that sports grounds in the centre of the racecourse be considered as URGENT BUSINESS. Hyams declared a conflict of interest as did Esakoff. LIPSHUTZ DID NOT DECLARE ANY CONFLICT OF INTEREST AND REMAINED IN THE CHAMBER. No councillor challenged his presence. (Delahunty was absent).

MAGEE: moved the motion that council’s position was that the centre should be used for sporting grounds; that on the 7.30 Report the MRC CEO stated that ‘community sport would be welcomed’; that council writes to the Trustees and that they ‘ensure’ that community sport be developed in the centre and that a copy of the letter go to the Minister for Crown Lands , the minister for sports and to the minister for racing. Motion seconded by Sounness.

Magee went over council’s resolution for the centre of the racecourse where many sporting teams were missing out and that the ’54 hectares of land’ could be used for sportsgrounds. Said that this ‘vision’ was presented to the community and ‘accepted widely’ and that all councillors have ‘worked tirelessly’ to get this done. Magee said that it was good to hear that the MRC CEO ’embraced this vision’ and that it’s the first time they have said anything like this. Magee welcomed this statement. At the moment there’s a ‘lease being prepared’ and Magee thought it was ‘incumbent on us to work with the’ MRC and to write to the trustees and ‘inform them of this agreement’ and how the MRC ‘have now embraced’ this vision. The trustees have to now ‘take this advice’ and work it into ‘any lease agreements that are before them at the moment’. Said that the MRC should ‘only ever be given a lease’ for areas outside the actual racetrack and not the racetrack itself nor the centre of the racecourse. Stated that this is the ‘first time in 150 years’ that the ‘two groups can actually work together’. The turstees job is to administer the racecourse ‘for the benefit of all Victorians’. Claimed that here’s the perfect time to do all this ‘given that there is an agreement’ and that the MRC spokesman has ‘made it very clear on national television’ that sport is ‘very clear to the’ MRC and ‘we welcome that’. Said that since they’ve stated this that all that’s left is to ‘inform the minister’ to ‘let them know there is an agreement in place’.

SOUNNESS: asked Magee if he would accept a change in wording from ‘community sports grounds’ to ‘organised sport’. Magee refused to accept change in wording. Sounness still accepted the motion and said that he ‘copped it in the neck’ about lack of sporting ovals, lack of off leash dog areas because of organised sports, and lack of passive areas. Said that this is an opportunity and should be followed up. Open space for sports grounds can’t be found that easily in a built up city so the centre could be the solution.

LIPSHUTZ: said he didn’t declare a conflict of interest because he didn’t think there was one but that it is ‘appropriate’ that he ‘report’ on what’s been happening in ‘recent times’. Claimed that the trust ‘has not been sitting on its hands’. Said that for the first time the ‘non MRC trustees as of one voice’ and that there have been ‘ongoing lease negotiations with the MRC’ for the past 2 years but these negotiations haven’t as yet ‘reached fruition’.   Said the lease is about the Tabaret and the grandstand and not to the ‘infield and the tracks’. Said that the MRC ‘does not have any legal right’ to anything in the infield. Said that the trustees are therefore committed to a ‘license agreement’ for the infield so the MRC ‘knows precisely what it can do and what it can’t do’. Went on to say that the trustees have got a valuation for the land rental and have put that to the MRC. Claimed that the trustees had ‘always taken the view’ that the valuation should be done by the Valuer General and that the chairman has asked for this. Said that he had been at a meeting today with Greg Sword and the governor executives and that the ‘valuer general will get a brief’ and that if there’s disagreement the Minister will ‘arbitrate’. He didn’t ‘expect that agreement will be reached’.

Said that he didn’t declare a conflict of interest because the trust ‘has taken a very strong view’ that the ‘centre of the racecourse should be used for sport’. Didn’t think that even though the MRC CEO said he welcomed sport, he wasn’t that sure that the MRC itself would endorse this view. Said that the ‘government has also advised’ that there should be sport in the infield but that boils down to the ‘license’ negotiations. Thhere is training and he didn’t think that ‘in reality’ training would go ‘any time soon’ and this would be in the ‘scope of 10 to 15 years’. So if training remains there are ‘safety’ issues both to the public and to the animals. Thus claimed that ‘this motion itself does not actually further anything’ since there is ‘already a commitment by the trust’ to have sport and that won’t happen very soon because they still have to negotiate the ‘license arrangement’. And if there’s no agreement then the ‘minister will step in’. Reassured everyone that ‘the trust has been very active’. Stated that at his morning meeting with the MRC they discussed the issue about opening up access to the racecourse. Said that ‘everyone’ recognises that entrance through the tunnel ‘is not satisfactory’ but ‘equally it is an issue of safety’. Claimed that the MRC has now ‘committed to looking at those issues’ and seeing where there could be ‘palisade fencing’ so that there could be the ‘visual entrance’. Didn’t know whether these things would ‘come true’ but reiterated that the trust is ‘committed’ to having sport, but unsure of the ‘extent’ of this. Therefore he didn’t see that there’s any conflict of interest since the Magee motion ‘is in accord’ with the ‘wishes’ of the trustees.

OKOTEL: asked Magee if he would consider writing to the trustees asking for their position on sport in the centre. Magee didn’t accept this proposal. Okotel then queried the value of writing to the trust asking them to state a position that they are already taking. Thought it ‘would be better’ to have the trust put their ‘position in writing’ so that it would be public and council might ‘utilise’ whatever is written to them as an ‘advocacy tool’.

PILLING: thought that Magee’s motion is only what council is asking for and is ‘complementary’ to ‘what’s going on behind the scenes’.

MAGEE: thanked Lipshutz for remaining in the room since he thought it’s important that people know what the trustees and councillor reps on the trustees are doing. Said that he wasn’t surprised that when Lipshutz became a trustee ‘he would always be acting in the best interests of Glen Eira’. Stated that he thought that Greg Sword was trying ‘to do his best’. Two years ago the trust’s position was a ’64 year lease with no conditions’ and now ‘they’re looking at the same things we are’. Now the MRC CEO wants ‘the same thing’ and the government ‘wants sport in the centre of the racecourse’. ‘Everybody’s together. There’s nobody opposing this’. Wanted his motion to ‘stay the same’ because it sends ‘a strong message’ that council ‘wants to work with them’. Conceded that ‘no one is saying’ that training should go ‘tomorrow’ but important to say that a ‘section of the racecourse’ can be ‘given up’ such as ‘3 ovals’ and then build on that’ and ‘phase out training’. Said he ‘wanted to see racing stay there forever’ but that training is ‘not a permitted use’ and it’s not written anywhere that it is a ‘permitted use’. Concluded by saying that Tang and he first moved the motion that the lease be reduced from 61 years to 21 and that this motion was defeated by 9 to 2. So they never wanted a 21 year lease . ‘We’re not going to tolerate the exclusion of Glen Eira residents’. Said that the 21 year lease ‘is pivotal’ to the future. Quoted the president of Ajax about the lack of space for sport and that 75% of his team can’t play in Glen Eira and ‘that’s a shame’. So there are about 130 or 140 kids who can’t play sport where their ‘parents pay rates’. ‘No one in this room thinks that’s acceptable’ and here’s the ‘opporunity’ to do something. Everyone (trustees, mrc, community) is ‘all on board’ with this.

MOTION PUT TO VOTE. OKOTEL VOTED AGAINST. LIPSHUTZ DID NOT RAISE HIS HAND IN SUPPORT OR OPPOSING THE MOTION. TECHNICALLY THIS MEANS AN ABSENTION!

Former Glen Eira mayor defends public meeting slur

A GLEN Eira Council critic has accused two-time mayor and current councillor Jamie Hyams of calling her a “bitch’’ at a public meeting, but he says her account is not accurate.

Rosetta Manaszewicz aired her complaint via a public question at the council’s March 18 meeting and has challenged the council to bring him to account.

She said that at a planning conference on March 3 Cr Hyams “called me, among other things, a ‘whining bitch’ in front of another resident. Does council consider this appropriate behaviour? Will council censure Hyams for such behaviour?’’.

Cr Hyams said he used the word, but offered a different account of how he used it, saying he used it as a verb, describing her behaviour.

“You have misrepresented or misheard the words,’’ he said in his reply speech.

He said she contributed to a blog that was relentless in its criticism of the council and the blog carried “baseless and highly defamatory’’ comments about councillors.

Ms Manaszewicz insists Cr Hyams used the word as a noun, to describe her.

Both agree the exchange took place in the foyer of the Caulfield Park Pavillion before a Caulfield Village planning conference, both agree the word was used and both are refusing to back down on their accounts.

Ms Manaszewicz said she was showing a petition to a resident at the time. She said Cr Hyams’ words were unprovoked and something needed to be done.

“There was no misinterpretation in what was said,’’ Ms Manaszewicz said.

“I just think it’s appalling for an elected representative.’’

Cr Mary Delahunty weighed in.

“To refer to someone’s actions as bitching, or indeed to call them a bitch, is derogatory, used in a sexist manner, it’s unacceptable and I’m genuinely aggrieved that council has lowered itself to such a level that a response such as that is read out at an official meeting,’’ Cr Delahunty said.

Last year, former Prime Minister Kevin Rudd forced the resignation of the candidate for the safe Labor seat of Hotham, Geoff Lake, amid revelations he verbally abused a wheelchair-bound fellow councillor at a 2002 Monash Council meeting, calling her a “f—ing bitch’’.

That matter went to the Victorian Equal Opportunity Commission at the time and Mr Lake made admissions and apologised.

Glen Eira Council did not answer Ms Manaszewicz’s questions, instead taking them on notice.

Source: http://www.heraldsun.com.au/leader/central/former-glen-eira-mayor-defends-public-meeting-slur/story-fngnvlpt-1226861034823

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

The public question & Hyams’ response:

On March 3rd at the Caulfield Village planning conference two time ex-mayor Hyams called me, amongst other things, a ‘whining bitch’ in front of another resident. Does Council consider this appropriate behaviour? Will council censure Hyams for such behaviour?

The Mayor responded. He said: There are several parts to this question. The first part I can invite Cr Hyams to respond. The second part relates to a Council position. Because of the time constraints we ran out of time to come to a collective Council position so I will take the second part On Notice.

Cr Hyams provided a response. He said: “You have misrepresented or misheard the words I used. I didn’t call you a bitch. I used the word as a verb to the effect that you just bitch. It is possible I also used the word whine and said you whine and bitch, but I don’t think so.

The context was that I came across you trying to have a resident sign a petition that called for a Royal Commission into, among other things, alleged conflict of interest of councillor trustees of the Caulfield Racecourse Reserve Trust, of which I am one. Had this been the sole cause of my comments, they would have been unwarranted. However, that is far from the case.

Glen Eira Council is, by any measure, a well-performing Council. We consistently perform well in public surveys, our rates are among the lowest in Melbourne and the Auditor General regularly praises our performance and compliance. Recent achievements such as GESAC and the new residential planning zones have been widely lauded by many both within Glen Eira and from other councils. Just to name a few of our successes.

You, however, appear to devote a large part of your life to attempting to make this Council look as bad as possible. You are an administrator of and major contributor to an anonymous hate blog that is relentless in its criticism of this Council. In the time
that I read it, I never once saw a post (as opposed to a comment) that had anything positive to say about this Council, and while I have not bothered reading it in over a year, others have assured me that nothing has changed.

You are often seen at Council consultations trying to propagate your critical views around the entrance and I am also assured by others who attend Council meetings that at the end of each meeting, you chase after any journalists who attend to try to have them write about your negative impressions of the meeting.

To give just a few specific examples, when Crs Esakoff, Lipshutz and I were appointed as Trustees to the Caulfield Racecourse Reserve Trust, you organised and submitted a petition calling for us to be replaced as trustees because, according to you, we did not adequately represent the community. You somehow thought that your opinion and those of the 100 or so who you managed to have sign your petition were more important than the nearly 17,000 residents and ratepayers of Glen Eira who voted for one of the three of us to represent them, returning us first in our respective wards.

Your blog has also carried baseless and highly defamatory allegations that I and other councillors have been corrupt in our dealings with the Melbourne Racing Club and the C60 development, and I am reliably informed that you have been personally
circulating these allegations. I am still considering my options in relation to that matter.

In 2009, you were pushing for a review of Council’s dog off-leash areas, and adamant that Harlock Jackson should carry out the review. This was done, by Harlock Jackson, and resulted in a considerable increase in off-leash areas across Glen Eira. However, you still strongly criticised the review and the process, including at a public consultation meeting held by Harlock Jackson as part of the review.

I believe that Councillors are entitled to express their feelings as long as they do so in a way that accords with the expectations of our civic society, and, in this case, for many reasons including those set out above, my comments were acceptable.”

Cr Delahunty. Statement pursuant to Glen Eira Local Law 232(2)(f).

“I accept that Council has taken part of the Public Question on notice but I am aggrieved by the reply in such that it seeks to somehow wash away the language that was used. I find the language that was used to be offensive no matter whether or not you agree with the persons views. I don’t think it’s appropriate for elected representatives, adults, anyone to refer to someone’s actions as bitching or to call them a bitch is derogatory, is used in a really sexist manner is completely unacceptable. I don’t think views held that differ will ever make that acceptable and I am genuinely aggrieved that the Council has literally lowered itself to the level whereby that sort of response was read out at an official meeting. It is sad.”

An astute reader has raised a very interesting point about Tuesday night’s council meeting. It concerns the little private tete a tete between Newton and Okotel when both left the chamber. Okotel was seeking ‘advice’ after being challenged by Delahunty.  Newton presumably provided this ‘advice’. This raises countless questions in itself:

  1. We do not remember such an incident ever taking place in Glen Eira before. The ‘normal’ course of events is that all ‘advice’ has been provided in chamber and usually by Burke. Why was this conducted outside of chamber?
  2. Could the question of potential conflict of interest be applied to Newton himself since he was an integral part of the ‘negotiating team’ for the ‘agreement’ which involved crown land in the centre of the racecourse?
  3. Okotel’s explanation featured conversations that took place in the pre-meeting. Council’s code of conduct precludes a councillor from making public any information from such meetings unless it has the approval of the ‘councillor group’. Since 3 councillors were not in the chamber, and others were definitely not asked for their agreement, we wonder whether Okotel in fact breached the code of conduct?!!!!!!!

What all of this shows is the circus that parades as good governance in Glen Eira.

Lipshutz moved to accept. Seconded by Okotel

Lipshutz had ‘nothing to add’. Lobo spoke ‘against’.

LOBO: said that in the past he had ‘expressed my reservations’ about the records of assembly in that the minutes are ‘altered, changed, replaced’. Agreed that there couldn’t be ‘details’ but that council shouldn’t ‘be permitted without the consensus of everyone’ to change things.Thought that ‘changing and replacing’ would have ‘implications’ down the track ‘such as conflicts of interest’.

PILLING: said that he knows that Lobo has raised this before but he was confident that ‘process’ was being followed and it’s ‘good’ to be ‘diligent in the upkeeping’ of the ‘policies’.  

LIPSHUTZ: started off by saying that ‘no one is changing these minutes’ and if they come to council ‘they are the minutes’ and if councillors decide to change anything ‘they do so at this meeting’ and ‘nowhere else’. Even though Lobo has raised the issue he agrees with Pilling that ‘process is being followed’.

MOTION PUT AND CARRIED. LOBO VOTED AGAINST.

MAGEE: outlined the leases – $45,000 for ‘head lease’; Neerim Road stables ‘$10,000 a year’. Explained how much properties near the racecourse pay and noted a McDonald’s store pays $180,000 rent per annum and Hungry Jacks pays $271,000 per annum in rent. All the racecourse is paying is ‘around $80,000’.

DELAHUNTY: said that ‘there’s much that we don’t know’ and she certainly didn’t know as much as Magee but she does know some things by ‘virtue of having met with people from the MRC’. Said that she knows that leases are currently being ‘negotiated’ and that they’ve ‘expired’ but been ‘extended’ to give more time to the negotiations. Stated that there had been 2 separate valuations – by two sections of the trust. These two valuations are so vastly different that ‘they can’t come to agreement’ about how much to charge. As a result an ‘independent body must be involved’ and that’s the valuer general. Also said that to get this done then council has to ‘take the steps’ that Magee proposes. Stated that council’s position was that it wasn’t getting the ‘commercial returns’ from crown land and therefore it was an ‘inappropriate situation’ for residents everywhere. Even though this might be a little ‘late’ given the current lease negotiations when both valuations from the trust are ‘so different’ it’s still important to ‘take a stand right now’. (time extnesion at this point). Stated that council thought the reserve should be ‘governed by a committee of management’ and the money from the rents go back to the governing body which will ‘disperse that’ for the 3 purposes that were in the original grant – ie public park and recreation. This would be very ‘timely’ when considered against the need for ‘how much public open space in that part of Caulfield’ given population increase and that these people shouldn’t be ‘looking out the window at horses training and nothing else’ on the racecourse.’ Essential that all commercial activities on the land be ‘valued properly’. What ‘really’ makes ‘me sick’ is the ‘pokies on crown land’ and therefore ‘government subsidised gambling’. Didn’t want to ‘put up with’ this and it was ‘an absolute disgrace’.

PILLING THEN ASKED IF MAGEE AND DELAHUNTY WOULD BE PREPARED TO REMOVE PART 2A OF THEIR MOTION. BOTH REFUSED TO ACCEPT THIS PROPOSAL. Pilling then asked for speakers against the motion.

OKOTEL: said that she wasn’t against the entire motion just part 2A. Thought it was ‘important’ that there is an independent ‘watch dog’ to see exactly what the land’s worth and she ‘endorses’ the comments on that. She was against 2A because the negotiations had been ongoing for some time and were ‘about to conclude’ so to ask the Minister now ‘to step in’ is poor because ‘my understanding is that the minister would be reluctant to step in’. Also if council asked him then the outcome might only be to ‘frustrate the negotiations’ and could only damage the ‘relationships’ that council has with the MRC and therefore ‘not be to the benefit of residents’. Didn’t think that having both 2A and 2B ‘doesn’t make sense’ since it should be ‘either/or’. She thought that the ‘best for the public interest’ would only be the motion about the valuer general coming in to ‘review the lease when it is finalised’. At that stage council would be ‘informed as to what is in the lease’ and therefore that’s preferable to the current situation where ‘we’re in the dark’. Said that once the lease is signed then ‘it will be brought to light’ and then council may ‘have input into it’.

SOUNNESS: realised that council has got ‘representatives’ (ie councillor reps) and that they’re trying to represent council ‘as best as possible’ but they’re ‘only 3 voices’. Said he ‘recognised’ that the trust was an ‘opaque body’ and a lot of ‘questionable decisions’ in its history. Thought that this was ‘a bit of a risky manoeuvre’ when one set of decisions are replaced with another and ‘that may not necessarily produce a good outcome’. He’d ‘heard’ a lot about the racecourse and it was a major issue and would ‘always be messy’. His ‘experience’ of such bodies is that they ‘do occasionally go rogue’ but they can be brought back ‘into line’ with ‘political will’. Gave the example of Fox and the sea front land. So he thought this was a ‘risky scenario’ but overall ‘still a worthwhile one’.

LOBO: judging by what Magee has outlined it ‘looks like Mickey Mouse’ is ‘handling the place’. Asked if this was ‘democracy in Australia and Glen Eira in particular’. Claimed that there’s no democracy but ‘soft dictatorship’ . Pilling then interrupted and said that the comments were ‘unwarranted’. Lobo responded with ‘okay’. Thought that the 8500 sq metres was ‘daylight robbery’ and that council didn’t get ‘a cent’ from any of the money collected. Crown land he claimed was given to the people but it’s ‘only council’ who are fighting and that ‘the people of Glen Eira have to get together’ and ‘not only write on blogs’ or ‘letters’. Urged people to ‘make yourself known’ and to ‘shake them up’. Said that the motion ‘may be a bit late’  but it’s like a ‘child being born at the last moment’ and decisions have to be made. Stated that the councillor trustees ‘should work’ towards getting the best for residents because it’s residents ‘who have put us in’ and the trustees ‘don’t tell us anything confidential’. People can’t go to meetings. Everyone has to ‘take the bull by the horn’ and if not this will continue ‘for another 150 years’.

DELAHUNTY THEN ASKED OKOTEL THAT SINCE SHE SAID SHE HAD ‘FURTHER INFORMATION’ IN THAT THE LEASES NEGOTIATIONS WERE ‘ABOUT TO CONCLUDE’ whether Okotel could ‘elaborate on her understanding of that’ and ‘how she’s come to that understanding’.

OKOTEL: said that her ‘understanding comes from confidential discussions’. Wanted ‘advice’ then about what she could say. Pilling then said that she could clarify what she meant and whether ‘she meant to say those words’.DELAHUNTY THEN INTERVENED AND SAID THAT IF OKOTEL IS CLAIMING TO HAVE ‘CONFIDENTIAL DISCUSSIONS WITH PEOPLE’ WHO HAVE ALREADY DECLARED A CONFLICT OF INTEREST THEN SHE SHOULD ALSO LEAVE THE ROOM AND NOT BE PART OF THE DEBATE. Pilling said that ‘it’s up to her to clarify’. OKOTEL THEN AGAIN WANTED TO ‘TAKE ADVICE’. At this point major confusion with Burke muttering in Pilling’s ear. He then basically ‘adjourned’ whilst Okotel and Newton left the chamber. They returned in about 2 to 3 minutes.

People in the gallery then complained that they couldn’t hear what she was saying – ‘not a word’.

OKOTEL: said that she had this question ‘in my mind’ in the ‘pre-meeting’ and that the 3 councillors weren’t in that meeting. Said that in this meeting she asked ‘how far away’ are the negotiations from being completed and that she thought this was ‘pertinent’ as to whether there would ‘be time’ for the ‘minister to get involved’ and that Magee told her ‘that we don’t have much time’. Reiterated that Magee said this whilst the others weren’t in the room.

Pilling then asked Delahunty if this ‘satisfied’ her.

DELAHUNTY: ‘it does’ but it confirms that it’s ‘conjecture and not actual knowledge’. Then asked if ‘any councillor’ has spoken to or ‘been lobbied by any of the three councillors who have declared a conflict of interest and left the room’. All councillors said ‘no’.

PILLING: agreed with Okotel on 2A because it was ‘pretty late in the piece’  and it’s a ‘blunt instrument’. Said that 2A in its second part ‘doesn’t achieve what we want’ . It’s got ‘limited value’ . Said he ‘acknowledge the general passion’ but wasn’t ‘sure this is the best way to go’. thought 2A was ‘counter-productive’ and that blame should be laid on ‘successive state governments’.

MAGEE: one of the valuations was ‘just on one million dollars a year’. Said that he’s got ‘no issues’ the MRC ‘as an entity’. They do a ‘great job in administering the racecourse’ and they do what ‘they’re allowed to do’. Nor does he have issues with ‘our three council trustees’. claimed that they’ve been ‘very generous’ to him ‘with their information’ and they’ve ‘told council what they’re allowed to discuss’ and he ‘respects how they’re conducting themselves’. Said that in July 2012 he wrote a letter to the Premier asking for appropriate ‘governance arrangements’ relating to leases. Said that ‘shortly after that I was removed’ and that’s the first time in 150 that a trustee hasn’t been reappointed. The only response he got from the Premier was that the matter was in the hands of Minister Smith and he hasn’t heard from Smith. Went on and referred to the Select Committee on crown lands emphasising that this committee represented all political parties. Since 2008 ‘not one action has taken place’ since the report. (an extension of one minute). Read from the report regarding lack of minutes,meetings closed to public and lack of public park. Ended up by saying that the Trustees weren’t the right body ‘to administer’ the leases or the land and it ‘should be a committee of management’.

MOTION PUT AND CARRIED. VOTING FOR: MAGEE, DELAHUNTY, LOBO, SOUNNESS. VOTING AGAINST: PILLING AND OKOTEL

PS: we are in error. It has been pointed out to us that when Delahunty asked each councillor if they had been lobbied by any of Hyams, Lipshutz or Esakoff that Pilling did not answer the question. We wonder why!

We’ve broken discussion on this item into 2 parts due to its length.

Hyams, Lipshutz and Esakoff declared an ‘indirect conflict of interest’. Magee moved an alternate ‘motion/recommendation’ apart from ‘noting the report’. Also included was that the Minister for Crown Lands be approached and asked to ‘take over’ lease negotiations with the MRC; for the Valuer General to review the leases ‘before it gets signed’ and to complete a ‘review of all current leases’. Magee also asked for a ‘review’ of the landswap and that the Auditor General ‘conduct an audit performance’. He also wanted government to go back to the Select Committee Review and consider their recommendations. Delahunty seconded.

MAGEE: said the issue was ‘complex’ and that he’d been a trustee, chairman of the trustees and also on the lease committee. Stated that he’s a ‘hoarder’ and kept a lot of information. This was a ‘serious’ matter and wanted a ‘serious’ response from minister and government. The Trustees are about to ‘enter’ into a 21 year lease with the MRC and ‘that’s fine’ but ‘when you look at’ history’, ‘makeup’ and ‘track record’ of the Trustees then it isn’t fine because since some of the trustees are members of the MRC then they are ‘adjudicating on a lease to themselves’. He also thought that ‘at least 2 other members’ belong to the MRC. This makes him think that there is some conflict of interest. Quoted from the minutes of a Trustee meeting from 2011 where (reading) it said that Magee raised the issue of conflict of interest and the resolution was that ‘advice’ be sought from the Government Solicitor. They got an answer and Magee quoted again and paraphrased from the long letter that ‘the public can reasonably form the view that conflict exists’. Also mention of ‘improper influences’.

Went on to say that the current chairman also tabled documents at meetings  that ‘he believes’ that there was a conflict of interest with the MRC members. The chairman (Greg Sword) ‘also sits on the lease committee’. So even though they ‘know’ there is a conflict of interest ‘the process continues’.

Stated that the trustees do include ‘experienced’ and ‘decent’ people. Referred to the landswap from 2009 of the ‘Tabaret carpark’ and the land at the end of Glen Eira Road was part of the deal. The Trustees ‘might have’ thought this was a ‘good deal’ and voted for it.

AT THIS POINT PILLING SAID THAT MAGEE HAD ‘REACHED’ HIS FIVE MINUTES. MAGEE ASKED FOR AN ‘EXTENSION OF TEN MINUTES’. Pilling said that he would give Magee 2 minutes. Magee said that after all these years, this is ‘a very serious issue’ and wasn’t happy with 2 minutes. Also said that he thought it was ‘incumbent on me to explain’ all the information that he’s got. Pilling then stated that he was worried about other councillors getting a say. Delahunty then moved that Magee gets a 10 minute extension. This was seconded by Lobo. Put to the vote and PILLING USED HIS CASTING VOTE TO DEFEAT THE MOTION. VOTING FOR: Lobo, Magee, Delahunty. Against: Okotel, Sounness and Pilling. (Mutterings from the gallery at this point!)

Magee then continued for a lesser time allocation after Delahunty moved another motion.

MAGEE: quoted again from the minutes relating to the landswap where he raised the issue of the ‘status’ of the landswap and whether it would be ‘returned to the Crown’. Said that this means that the Trustees ‘had no idea what they were voting for’ and that they were ‘giving away 8500’ sq metres and they ‘got back nothing’. The trustees job is to ‘protect the reserve’ and all they’ve done is to ‘give away 8500 square metres’. Magee then read from the minutes his question as to whether the landswap or any part of it was to ‘become part of the reserve’ and whether they knew. ‘No’ was the answer. Magee then asked the rhetorical question about how they could be responsible for land that they ‘gave away’ without even knowing they’d given it away. Also asked what they thought at the time and what advice they’d been given and which of the trustees who voted for and against the landswap. Magee said that he asked this 3 times wanting to see the minutes of these meetings. THEY COULDN’T FIND THE MINUTES – ‘THE MINUTES HAD BEEN LOST’. So here’s a ‘group’ about to sign a 21 year lease for a 2 billion dollar asset and they can’t even do the proper paperwork. Magee then cited 2010 minutes on ‘2 leases’ where there hadn’t been ‘any advice on what the value was’. These leases and the relevant paperwork also ‘couldn’t be located’ he read from the minutes. Amazingly the trustees end up asking the ‘person they leased it to, to give them a copy’. The lease for Aquinita Lodge to the Freeman Brothers was also incapable of ‘being located by the Trust’. Said that the Trustees ‘are not capable’ of administering the reserve and ‘doing the right thing’.

Said that when he became chairman the first question he asked was ‘what is the racecourse worth?’ They asked the Valuer General who recommended a certain company who has done leases for big sites like Southbank etc.Magee then itemised some of the leases – ie Grandstand – $45,000pa.

Pilling then told Magee that his 5 mintues are up and that he should ‘consider other councillors’ and that he’s got the 3 minute summation time ‘at the end’. Magee said he would be ‘as quick as I can’.  Delahunty then moved that Magee be given 2 minutes extension. Seconded by Lobo. This time only Okotel and Pilling voted against.

 

Records Of Assembly

Cr Pilling – Need to take care with Council information provided to the Councillor Group as some seems to be shared outside of the group.

Cr Hyams – Councillor Code of Conduct has a requirement that all Councillors read Council briefing and Agenda Papers.

Cr Hyams – Cr Lobo has foreshadowed a Right of Reply at the next Council Meeting. Councillor Code of Conduct regulates what Councillors can say about other Councillors.

Cr Lobo – Councillor Code of Conduct, information being passed to other persons.

Cr Lobo – Does the Councillor Code of Conduct govern behaviour outside of Council duties.

Visitor Car Parking

Car parking, which includes visitor parking and access, is often identified as a key issue. Applicants typically respond by redesigning a proposal. Those that do not amend their proposal risk having their application refused or modified by Council through conditions. This risk, in effect, encourages applicants to provide an adequate amount of visitor car parking.

Continuing this approach is preferred. This ensures that:

  • Visitor parking is not given higher priority than other valid planning matters, such as amenity impacts on neighbours, scale, and open space.
  • Visitor car parking is correctly assessed in the wider planning context, which includes consideration of the particular parking conditions in the area.
  • The integrity of Council’s fast track processes is maintained.

Consultation Committee

A paper determining community preferences for consultation using a community wide questionnaire was tabled. The committee noted that the process of sending a hard copy questionnaire to all members of the community cannot guarantee that a representative sample of the community completes the questionnaire. The statistically reliable method is stratified random sampling; different subgroups are established and a questionnaire is distributed to a random selection of respondents in the subgroup.

Council’s 2013 Community Satisfaction Survey included a question on residents preferred method of communication from Council. The results gave a clear indication that a multi method communication approach is required to ensure all sections of the population are provided with the best chance to participate in community engagement opportunities.

Racecourse

In order to encourage the involvement by the Valuer General, Council could

  • Write to the Trustees advocating for them to involve the Valuer General
  • Write to the Valuer General, including a copy of this Item
  • Write to the Minister for Crown Lands.

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