GE Council Meeting(s)


The continued ‘musical chairs’ between Esakoff, Hyams and Lipshutz on the issue of conflicts of interest show no sign of abating. What was a new step on Tuesday night is that both Hyams and Esakoff did not declare a conflict in relation to the MRC giant screen application under the clauses they had previously used (78B), but instead declared a ‘personal interest’ under Section 79B. The minutes record the following:

Cr Hyams applied for a Conflicting personal interest under s79B of the Local Government Act stating that there is no Conflict of Interest as such but as he is a member of the Caulfield Racecourse Reserve Trust which has also needed to look at this issue.

Cr Esakoff applied for a Conflicting personal interest under s79B of the Local Government Act as she is a member of the Trust that has looked at this issue.

8.48PM Cr Hyams and Cr Esakoff left the Chamber.

In the interests of complete accuracy, here is what Section 79B of the Local Government Act States. We draw readers’ attention to clause 2 and 5.

Conflicting personal interest

    (1)     This section does not apply to a Councillor or member of a special committee who has a conflict of interest in the matter.

    (2)     If a Councillor or a member of a special committee considers that he or she has a personal interest in relation to a matter that is in conflict with his or her public duty in relation to the matter, the Councillor or member may, immediately before the matter is considered at the relevant meeting, apply to the Council or special committee to be exempted from voting on the matter.

    (3)     If a Councillor or member of a special committee makes an application under subsection (2), he or she must give reasons in support of the application.

    (4)     A Council or special committee may consent to an application made under subsection (2) and must not unreasonably withhold consent.

    (5)     If a Council or special committee consents to an application under subsection (4), sections 79(6), 79(7), 79(8) and 79(9) apply as if the personal interest that is the subject of an application under subsection (2) were a conflict of interest specified under this Act.

Lipshutz remained in the chamber, seconded the motion, spoke to it and voted! His ‘explanation’ and comments were –

LIPSHUTZ: began by declaring that he doesn’t have a conflict of interest in this item ‘because I am not a member of the MRC’ and that ‘when I look at this (application) it is appropriate‘. Since one of the purposes of the racecourse is ‘racing’ and the screen isn’t any ‘bigger than the one in NSW’ and that racing brings in a ‘lot of revenue for the State’ and ‘I think it’s important’. Said that this doesn’t mean that it’s ‘more important than the other two purposes’ (ie park). This is ‘appropriate’ and won’t have any ‘impact on houses nearby’ and isn’t an ‘amenity issue’. He saw ‘no reason to refuse it’.

All in all quite staggering we say. How one councillor continually adjudges that his position is different to two other councillors in the identical situation is mind boggling. And of course, this application has never rested on the premise as to whether anyone is a member of the MRC. That is a nonsense, since it is the Trust which has legal oversight of the MRC. Even more disturbing is that not one single councillor has challenged Lipshutz in his refusal to leave the chamber, or possibly to leave councillor assemblies. So much for adhering to the principles of ‘conflict of interest’.

Lipshutz moved some amendments (balconies to be 8 square metres; on site visitor parking increase to make up for lost car spots – ie 130 spots; peak hours for paid parking; screening allowed for ‘alternate methods’). Sounness seconded.

LIPSHUTZ: called this a ‘vexed issue’ and that Council has been accused of being ‘treacherous but the reality’ is that the government has given the development the ‘go ahead’ and therefore ‘Council has an obligation’ to do things properly. Said that ‘we can refuse’ the plans but all that would mean is that the developer will go to VCAT and they ‘will get what they want’. Went on to say that all councillors had looked very carefully at the plans and that they had seen some ‘defects’ and are now correcting these defects. Said that C60 is ‘going to go ahead’ and that it’s going to be a ‘very high class village’ and that this is ‘unstoppable’. Council now has to deal with this ‘appropriately’ and the conditions put ‘satisfy this’. Claimed that he has always been ‘concerned’ about car parking and traffic. Since there will be a loss of car spots then council is ‘increasing’ the number of car parking spots ‘up to 130’. Mentioned that the Tabaret’s permit is for 127 off site car parking spots and that has to be maintained and ‘how the developer does that’ is his problem. On balconies he was ‘concerned’ that they get a ‘high quality development in this area’ so ground floor balconies should all be at least 8 square metres because he doesn’t like the situation where people buy and they have ‘very small balconies’. Went on to explain that there are 373 dwellings above the ground floor ones and these balconies on average are over 7 square metres but only ‘22% are greater than 8 square metres’. Council is trying to make sure that these dwellings are ‘in accord’ those on the ground floor and ‘so when you have this people have open space’ and people can ‘walk around and enjoy some of the gardens and balconies’. The developer will have to ‘relocate’ parking machines and pay for this. Overlooking is another issue and ‘fixed glazing’ is one method, ‘there may be other methods’ and if council is satisfied then ‘we have to go ahead with that’.

Kept saying that this is only ‘the first stage’ since over the next 10 to 15 years more development plans will be coming in. Admitted that the issue of ‘social housing’ isn’t part of the plans for this stage but it will be in future stages and if not then council ‘will have something to say about that’. Concluded by saying that he thought that with the amendments they had ‘improved’ the plans.

SOUNNESS: called the history of the development a ‘strange beast’ and ‘contentious’ and claimed there is ‘little capacity’ for councillors to do much within the ‘framework’ of the legislation. So given the ‘current form’ of the application ‘there is only so much that Council can do’. Said that car parking was ‘one of those features’ that had been ‘taken away’ from council to look at. This also applies to ‘active open public space’ and the relationship to the racecourse has ‘also been removed from consideration’. Said that all this is ‘complicated, confusing’ and ‘vexed’. Claimed that ‘grounds to say ‘no’ to it are very limited’ and therefore ‘saying ‘yes’ to it is where we’re at’. He thought that if there has to be higher density then ‘where better to do it’ than ‘next to a train station’ and in a place ‘that’s already been affected by urban development’. He would rather see it here than in undeveloped land in the ‘peripherary of Melbourne’.This also applies to infrastructure so ‘I would rather see it here than elsewhere’. The Residential Zones only came in with ‘so much protection’ because of developments like this. This is part of a Glen Eira, Melbourne and ‘Green’s story’. Thought that the development ‘ticks a lot of boxes’. Said that he ‘wasn’t entirely happy with it, but it’s suitable enough’.

DELAHUNTY: said that even though something had to be built there, she thought that the ‘premises’ were wrong and that she’s got 3 major objections to the plan. First was the ‘lack of social housing’ which was included in the planning panel report and in the Incorporated Plan and she was ‘disappointed’ that it isn’t in this part of the Residential Precinct. It shouldn’t be ‘an after thought’ and it belongs here. Second was the ‘shortfall in the car parking’ and the amendment won’t fix it because people who know the area know that ‘there’s an enormous demand’ for car parking there. There is still too much of a ‘shortfall in my mind’. Thirdly the plan ‘falls down’ in the ‘provision of open space’. Said that the panel rested its recommendations on the fact that there was open space in the centre of the racecourse and Council’s Open Space Strategy found that there wasn’t enough accessible open space via the racecourse centre. So if the panel recommended rezoning based ‘on this premise’ and if the premise is wrong then the whole plan falls down.

MAGEE: agreed with Delahunty on social housing. Said that hearing that the Incorporated Plan is now going to ‘be looked at through fresh eyes’ and when the MRC sold it off to a developer and that developer looks at the Incorporated Plan and decides that this isn’t ‘what I want to build here’ so this leads to a ‘situation’ where council ‘thought’ one thing and another thing is happening. Said that since this will take 10 to 15 years and these councillors won’t be there it’s important that future councils keep tonight’s ideas in place. Said that in planning terms for the city this ‘is a race to the bottom’ and won’t benefit Caulfield or ‘amenity’ of Caulfield. Won’t help people trying to ‘commute to an from the city’ and if ‘we don’t do the job properly now then parking’ will be decided ‘in ten year’s time’ . Said ‘there’s questioning’ about rail, the superstop tram stop and whether this will even be built. Said that Caulfield could have ‘another 7 or 8 thousand people’ living here and how does everyone survive in ten years time and ‘how do we make a decision today’ when they don’t even have the ‘foresight to see exactly what’s going to happen’? The Incorporated Plan has changed so taking away commercial areas means ‘more units’ therefore ‘more people’ and ‘more stress on car parking’.

When there are events on at the racecourse then car parking is impossible and that’s ‘why roads are closed off’. The ‘perfect storm’ will be when people are living there already, and there’s races and Monash and then people will ‘look at us and say how did you get this so wrong’? Lipshutz’s amendments are ‘commendable’ but he has ‘still got some severe concerns’ about it. Said that if the motion is defeated then he’s got an alternate motion to put up.

LOBO: after listening to both sides he thought that it was ‘unfortunate’ that when the Special Committee made their decision on the C60 they now ‘have to keep that decision going’. Said that if he would have been in the position of deciding he would have sent it back and asked them to come up with something else. Said it wasn’t the ‘right development’ because there will be a ‘lot of traffic problems’ and because of the railway the ‘chaos will be unimaginable’. Ended up by saying that ‘I am not happy with this at all’.

HYAMS: agreed that this has a long history and goes back to the C60 and that it’s ‘important to remember’ that this involved a ‘long consultation process’ and an ‘independent panel’. When the Panel reported back ‘we ameliorated the original proposal’ and with the panel’s report ‘we ameliorated it a bit further’ so ‘given the outside constraints’ Hyams claimed that they did the ‘best we could have done’. ‘It clearly is an appropriate site for a large development’. Said that ‘a lot of work has gone into this’ and praised the planners. Said that this is the ‘first’ and the ‘less intense’ of all the precincts and with drainage and traffic plans council is looking both at bits and the entire 3 precincts. Even though there have been changes such as less office space, the ‘building envelopes comply with the incorporated plan’ and Council even got ‘independent legal advice’ on this. Said that he didn’t think anyone would be advantaged by ‘forcing’ the developer to ‘build offices’ and then ‘no-one is going to use them’. Stated that council used ResCode as a ‘guide’ even though they weren’t ‘applicable’. Even though council’s traffic department was ‘comfortable’ with 73 car parking spaces on site, and even though he has ‘respect for our traffic engineers’ he doesn’t ‘always agree with them’ and this is where he thought they were being a bit ‘conservative’ about what was needed. So councillors are now asking for 130 which equals the spaces lost on Station Street. Since there won’t be any residential parking permits issued this means that ‘eventually’ there will be Residential Parking Permits for ‘surrounding streets’ so the residents ‘won’t have the option of clogging up nearby streets’. Said that the Transport Plan ‘is not acceptable to us’ or Vic Roads but this latest version is now ‘acceptable’ to everyone. Summarised what else was required such as Waste Management and Construction Plans as well as amended Section 173 Agreement. Admitted that ‘this won’t please everyone’ but it’s a ‘huge site’ near shops and transport so ‘we need to strike a balance between protecting neighbourhood amenity’ and accepting ‘appropriate development’.

ESAKOFF: said that she was ‘satisfied’ with the conditions placed on overlooking and setbacks since they are ‘ResCode compliant’ but didn’t agree that private open space ‘on the ground should be less than 8 square metres’ and agreed that private open space for balconies above was good. Thought that the Integrated Transport Plan ‘must be addressed now’ . Agreed that ‘parking will be an issue’ but it’s an ‘issue throughout all of Glen Eira’ and that ‘replacement of some of these lost spaces is imperative’.

OKOTEL: although the original decision was made in 2011 these current plans have raised concerns by residents and councillors but Lipshutz’s amendments do ‘address those concerns’. The motion will ‘strike the right balance to ensure that’ the development will be ‘satisfactory for the residents’ and for use of ‘future infrastructure in the area’ and it will ensure that there won’t be ‘interruption to traffic flow in the area’.

PILLING: supported Lipshutz’s amendments and thought there was ‘much merit in the application‘ especially in light of Plan Melbourne. Said it was ‘about a sustainable city’ and seeing that people have more ‘accessible public transport’. Pilling did note that there still ‘would be reduction in car parking’ from what’s ‘there now’ but that’s ‘in keeping with our policies, with State Government policies’ in that for such areas the priorities ‘won’t be cars‘. Said again that this ‘reflects’ state and council policies and how they are all trying to create a ‘sustainable city’. Thought that ‘the grounds for refusal are fairly weak’. This is only stage one and social housing will be ‘pushed’ for later since this is only ‘early days’. The racecourse ‘was considered’ but not tied in ‘legally’ to a condition here so the grounds for refusal are ‘relatively weak’. Said that councillors and the planning department had ‘spent a lot of time on it’.

LIPSHUTZ: quoted Bismark about politics being the art of the possible and community would like to still rage and fight the battle over C60 but ‘that’s come and gone’ and the ‘reality’ now is the development plan.Councillors have to look at this and ‘see how best we can deal with it’. Claimed that ‘everyone here’ has really considered this carefully and ‘given a great deal of thought’ including from the officers. His motion was the ‘product of a lot of people’. Claimed that they asked officers to ‘consider’ what a refusal would mean but that the grounds for refusal were ‘weak’ and ‘in my view would have been knocked out very quickly’ at VCAT. But if it still goes to VCAT as a result of the conditions put on it then Council can then go to VCAT and say ‘here are our reasons why’ and ‘we could have a proper argument’ and ‘that’s a far better way’. Not about VCAT though but about ‘community’ and they’ve ‘looked very carefully’ about all such concerns as parking, screening, open space, traffic. It’s not ‘perfect’ but it ‘ensures’ the best for residents. Again, it’s only the ‘first stage’ and they will keep ‘looking at it again’ at each stage. In terms of traffic there will be road redesign and this will ‘improve things’ to ‘some extent’ and there will definitely be ‘more traffic, more parking’ problems but people who will ‘live there will live there knowing these are the restrictions’. Council has ‘ensured’ that there is no overlooking and that there is ‘open space’ . In his view ‘it is a bonus to Caulfield, not a detriment’.

MOTION PUT AND CARRIED

COMMENTS

  • Not one word mentioned about permeability, PUBLIC open space, site coverage, sunlight. Questions on these aspects were asked at the Planning Conference. The answer was that officers were ‘investigating’ and had not finished their analysis. Yet not one single word in either the report, nor any of the councillor comments touches on these aspects. What makes it even more outrageous, is that for the other applications on the agenda (ie Neerim Rd – 16 units) Esakoff was very concerned about the number of units which would not have access to natural light. What all this means is that people living in Activity Centres and potentially high density commercial zones have greater protection of their amenity than will those residents who end up in the Caulfield Village!
  • How many more times will that old scapegoat of VCAT be pulled out of the hat by Lipshutz and his ilk? What this red herring totally ignores is: (1) Lipshutz, Esakoff, Hyams and Pilling had the option way back to reject both the rezoning as PDZ and the C60. The clandestine machinations in setting up the Special Committee when there was no need for one was deliberate with the purpose of facilitating what is now a fait accompli!
  • Not one single word by any councillor or the report talks about Design as such or even the Planning Scheme for that matter? Residents are supposed to grovel in sheer gratitude that ResCode has been applied, even though it is not applicable! Why then couldn’t other aspects of the Glen Eira Planning Scheme also be applied such as site coverage, permeability, etc. In the end, all we have to go on is that self proclaimed expert on everything (Lipshutz) that the Caulfield Village will be ‘high quality’.
  • Council’s ‘legal advice’ is simply that – advice. It is not fool proof, nor is it set in concrete. It could have been challenged as other councils have challenged Ministers and VCAT. But of course to do this would mean that the old argument of ‘the Minister will call it in’ or ‘VCAT will make it worse’ would go out the window.

Finally it is worth noting that for all the Lipshutz talk about the amount of effort that councillors put into this decision, we have to wonder:

  • Did every councillor bother to read every submission? Were these submissions (apart from VicRoads) treated with the respect they deserved given the time and effort that people put into them?
  • When were they handed the submissions? For example, we know that councillors were not privy to any documents until the Planning Department deigned to provide councillors with something. As late as April councillors had not clapped eyes on anything to do with the plans is the rumour.
  • If these councillors put in hours of toil in discussing, arguing, arriving at consensus on the biggest residential development in the history of the municipality THEN WHY IS THERE NOTHING IN THE RECORDS OF ASSEMBLY leading up TO LAST NIGHT’S MEETING? One could be forgiven for thinking that something of such a scale should have been discussed over and over and over again at assemblies. It either wasn’t, or the other possible alternative is that the minutes of the Records of Assemblies are nothing more than figments of someone’s imagination!

We pass on our sincere condolences to all those residents currently living in North Caulfield for the sheer destruction of their amenity that this project will cause and the unmitigated chaos that they will have to endure for the next 15 years. That is the legacy that will be left by Newton and his gang.

Tonight’s council meeting could arguably be said to represent the nadir of councillor/community relations. At the start of the meeting Esakoff began to give her ‘report’ on the MAV State Conference. She actually started to disclose not only some motions which Glen Eira council had put forward, but how they voted! A first – but always after the fact and never as a tabled document for a full Council Resolution but discussed and decided in secret assembly meetings.

Following about a minute of her report, approximately 50 to 60 residents carrying placards entered the chamber and once assembled started chanting ‘Save the Conservatory’. The chants continued for about 4 to 5 minutes. THROUGHOUT THIS ENTIRE TIME ESAKOFF CONTINUED SPEAKING AS IF NOTHING WAS HAPPENING. NO COUNCILLOR UTTERED A WORD ALTHOUGH AT ONE POINT PILLING DID ‘CONFER’ WITH BURKE. Whilst many may regard disrupting a council meeting as inappropriate, in our view, what is even more inappropriate is that Esakoff’s actions speak volumes. Not only is this totally ignoring ratepayers and refusing to even acknowledge their presence, but it embodies the ‘us and them’ mentality which is the hallmark of this council and its attitudes and treatment of residents. The latter simply do not exist. Their opinions, aspirations, and even presence in chamber, does not matter! This is more than rudeness. It says very, very clearly ‘get stuffed’ to residents and we will continue along in the same autocratic and anti-community fashion.

The complete betrayal by the ever growing ‘gang’ was in relation to the C60 Development plans. It was voted in by 6 to 3 with some pathetic little cosmetic amendments put up by Lipshutz – ie peak hour times were now 8.00am; more visitor car parking which still doesn’t cover the loss of existing car parking spots. Trivial, insignificant, and just tinkering. The arguments presented were woeful in their inconsistency and in their self-serving. We will report on this in detail in the next day or so. Suffice to say that those who voted to accept the Development Plans were (and this shouldn’t be a surprise) –

LIPSHUTZ, ESAKOFF, HYAMS, PILLING, OKOTEL AND SOUNNESS.

Voting against were – LOBO, MAGEE AND DELAHUNTY

The big screen was voted in unanimously (Okotel had left the meeting at this stage). More fun and games were evident by the fact that both Hyams and Esakoff left the chamber, but not by declaring a conflict of interest – but this time a ‘personal interest’ as Trustees. Lipshutz not only stayed in chamber – he seconded the motion and voted!

The recommendation from Akehurst for the “Approval of Development Plan and Whole of Land Plans subject to Conditions’ highlights the insanity of the current planning system and in particular, this council’s approach to planning. First off, there is the recommendation that Council approve the development plans and then down the track approve further crucial amendments related to traffic management, drainage, Environmental Sustainability, construction, Section 173 agreements, etc. etc. In other words, give the green light to the developer and we will worry down the track as to the fine detail.

Residents are of course expected to swallow the guff that this development and council’s entire approach has been in accordance with the stated Community Plan objection of – manag(ing) the rate and extent of change to the built environment consistent with state and local planning policies to achieve a diversity of housing as sympathetic as possible to neighbourhood character.

Akehurst’s analysis (explanation/justification?) of the development plan runs to precisely 11 pages of mostly generalities.  And of these 11 pages many simply repeat themselves. The absence of detail is staggering. Not once is any mention made of:

  • Flow on traffic effects
  • Non peak periods are now regarded as being from 8.30am onwards.
  • No reporting on council’s own traffic analysis – in fact we doubt that they even bothered to undertake any such thing!
  • Real detail of amended Section 173 agreement, and so much more…….

Below we feature extracts taken directly from this report. The only concessions to residents are the imposition of increased balcony sizes (which are allowed to encroach on setbacks thanks to an earlier Amendment), and the requirement for screening. Readers should also note that when it suits, ResCode is called in as the ‘standard’, but when it doesn’t suit, ResCode is conveniently forgotten!

The development’s side setback to 3 Bond Street (to the north) and side and rear setbacks to 70 Kambrook Road (to the south) are required by virtue of the Incorporated Plan, to comply with ResCode. The development has provided the required setbacks and transitioning of building heights to these adjoining residential properties in accordance with ResCode requirements.

Amenity Impacts

Submitters have raised concerns with respect to potential overlooking from balconies and windows of the proposed dwellings. A review of the development plans indicates that a number of the proposed dwellings will have overlooking opportunities into the adjoining residential properties north at 3 Bond Street, to the west at 40, 42, 44, 46 and 54 Kambrook Road and to the south at 70 Kambrook Road. A condition forms part of the recommendation requiring windows and balconies to be screened in accordance with ResCode requirements. ResCode does not apply in the Priority Development Zone but has been used as a guide.

However, over half (250) of the proposed apartment dwellings are considered to have inadequate outdoor open space areas in the form of balconies. These balconies range from 3.5m2 to 7m2. It is noted that a majority of the apartments are comparatively spacious and range from 50m2 up to 108m2 in size. Given the size of the proposed apartments all future residents should be provided with a minimum balcony area of 8m2 in compliance with Rescode. Again, it is acknowledged that Rescode does not apply but is used as a guide. This can be readily achieved as balconies are an allowable encroachment for the specified setbacks.

It is noted that there is no requirement for visitor car parking consistent with Amendment C60.

Street Tree Planting

Council’s Parks Services Department has raised no concern with respect to the removal of existing street trees along Kambrook Road and Bond Street and the replacement trees proposed. Conditions form part of Appendix 1 requiring protection measures around the street trees to be retained.

Council’s Sustainability Department is satisfied with the Environmental Sustainable Design (ESD) features proposed within the development. There are two items which need to be addressed before the Environmental Management Plan (EMP) can beapproved. A condition has been included in Appendix 1 outlining these requirements.

A number of submitters have raised concerns that these development details are not in accordance with the Caulfield Mixed Use Area Incorporated Plan. Council has obtained independent legal advice which concluded that the dwelling numbers and retail and office floor areas set out in the Caulfield Mixed Use Area Incorporated Plan relate to a ‘tested development scenario’ and, unlike the height and setback provisions (which are fixed), do not restrict the development to a particular mix of residential or office development. The developer has indicated that there is currently no demand for office floor space within the area. However, should this change in the future then they would seek to incorporate office floor space into the development.

Both concept plan options show some significant increases in the road widths for both Normanby Road and the new Boulevard. These changes are required in order to accommodate greater number of road lanes for traffic as well as bicycle and pedestrian paths. As a consequence the developer will lose approximately 600m2 of otherwise developable land comprising up to 6 storey development. The developer is aware of this loss of development opportunity and is strongly opposed. It should be noted that this loss of land is substantially driven by VicRoads, Public Transport Victoria and Yarra Trams. The proposed double tram length ‘super stop’ is considered by the developer to be unreasonably opportunistic.

In order to ensure that the new Boulevard meets the objectives of the Incorporated Plan (which is to create a street that supports retail shop fronts) conditions are recommended within Appendix 1 which will allow for car parking to occur on the eastern and western lanes of Boulevard during non-peak periods. The additional road lanes will be made available to address the peak traffic periods. 

The principle used is that these additional lanes of traffic and intersection changes are needed as a result of the traffic likely to be generated by the Caulfield Village development alone.

Council’s Engineering Assets Department has viewed the Drainage Management Plan and has advised that additional information is required. A condition forms part of Appendix 1 which requires the submission of an amended Drainage Management Plan incorporating this additional information. In addition, a condition will require the submission of a Site Management Plan to ensure that stormwater runoff is appropriately managed (Appendix 1).

Section 173 Agreement

The existing Section 173 Agreement will need to be amended to incorporate the works required to Normanby Road (as outlined in the concept plan options) and possibly the Station Street new Boulevard intersection and Smith Street’s intersection with the Boulevard on Normanby Road. This forms a condition within Appendix 1.

A minimum of 73 off-street car spaces are to be provided across the entire Caulfield Village development site in order to accommodate existing visitors to the area.

Event Parking

The submitted Car Park Management Plan indicates that the existing demands associated with events at Caulfield Racecourse can be accommodated within the Racecourse. The on-site areas include the centre of the track, Guineas car park and Kambrook Road car park.

On this basis, the centre of the track, Guineas car park and Kambrook Road car park must all be available for public parking at “major events” (i.e. no marquees, no caravan displays etc. can be provided within the car parking areas).

Additionally, the on-site parking shall be cost free to encourage on-site parking (rather than in local streets further afield).

Loss of on-street and off-street spaces

Noting that as many as 192 on-street spaces would be lost in the streets abutting the development, some off-setting allocation must be provided within the proposed developments (across the entire site) to accommodate visitors to the area. The parking losses associated with the new pedestrian refuge in Kambrook Road (5 spaces), access points and road closure in Bond Street (20 spaces), access points in Smith Street (5 spaces) and intersection upgrade associated with Normanby Road (22 spaces) can be accepted.

It is acknowledged that Station Street experiences low – medium parking demands on non-event days. There are 190 on-street spaces in Station Street. Removing 130 of these spaces as proposed would result in 60 onstreet spaces remaining. Adopting the ‘medium’ parking demand (which is up to 70% occupancy), there may be a demand of up to 133 parking spaces in Station Street on a non-event day. It is therefore considered appropriate that 133 (demand) – 60 (proposed supply) = 73 spaces (shortfall) be provided within the development. Therefore, it is recommended that a further 73 offstreet spaces be provided across the proposed development sites to accommodate existing visitors to the area.

The on-street spaces in Station Street are managed via parking machines. The estimated loss of 130 on-street spaces in Station Street will correspond to a reduction in parking revenue (approx. $50,000 p.a). Any relocation /reprogramming of parking machines will need to be funded by the applicant.

PS: here’s one of the traffic proposals

Pages from May20-2014-AGENDA

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.

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