GE Council Meeting(s)

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June 26, 2012

Hyams & Mayoral Decorum?

Posted by gleneira under Councillor Performance, GE Council Meeting(s), GE Governance, GE Service Performance
[22] Comments 

Jamie (Two-up) Hyams has once again given residents a glimpse into his inner character. In a performance that was totally unnecessary and totally unbecoming to the position he holds as Mayor, Hyams succeeded in revealing to the small gallery his pettiness and vindictiveness as well as the total abuse of his position as Mayor.

First the formalities:

  • Lipshutz and Forge were absent
  • The rate increase of 6.5% was voted in 6 to 1 with Penhalluriack voting against
  • Magee stated his intention to run for re-election
  • Lobo did not utter a word
  • Pilling fell into line nicely with Hyams, Esakoff, Tang and Magee
  • Newton actually spoke in the attempt to counter some of Penhalluriack’s points on the budget

In this post we will concentrate on the actual budget item. Hyams moved largely as printed with some minor semantics that tied the budget in with the community plan. Seconded by Pilling.

HYAMS: started off by explaining that the budget is there to ensure that ‘necessary services’ are ongoing ‘while keeping rates as low as we can’….’a balancing act’. Then went on to repeat the now familiar spiel of one of the  lowest rate assessment costs in Melbourne but did admit that other councils may use ‘different measures’ to ascertain this, ‘but I believe that rates per assessment are the most accurate’. Talked about lack of parking fee revenue in contrast to other councils, but that Glen Eira’s ‘efficiency’ means that there are ‘high standards of service’. Tried to explain why rate rises are more than CPI and the argument was that basically all those forces which impact on councils are themselves more than CPI – ie “wages, construction costs’. MAV has worked out that such costs amount to ‘around 4% per year’. Went on to ‘cost shifting’ and other ‘charges’ from government like land fill levies and to meet the ‘infrastructure gap’. Said that council does ‘benefit from generous grants’ and that this is a ‘reflection of their confidence in our ability to carry out projects’. Regurgitated the figures on new capital expenditure, drains, roads, pavilions, etc. etc. Noted that there is still ‘one of the higher pensioner rebates in the State’. Ended up talking about surplus and GESAC $397,000 surplus but noted that there would be over $1 million less in grants but that is only an ‘accounting measure’ and not something that is ‘going to affect our …position….(because the grants were brought forward). The budget is ‘responsible, well considered, it keeps our rates low and performance high’.

PILLING: ‘it’s a fair balanced budget’. Talked about the new technology for libraries which is a ‘great innovation’. Election cost also considered but that’s once in 4 years and a ‘set cost’. Accepted that there’s a ‘cost’ for the carbon tax and then went on to the land fill levy. Mentioned childcare and not trying to ‘overburden’ families. Reminded council that they cut childcare fees by $10 per day for over 3 year olds and this budget was increasing fees for under 3 years olds so that council ‘was trying to spread the load across….as widely as possible’.

PENHALLURIACK: started off by saying that everyone’s going through ‘difficult times’ in trying to make ‘ends meet’. Asked whether council can be ‘so callous as to continually increase our rates’ despite the state of the economy. Inflation is only 3% so should be able to do something about ‘projected rate rise’ of 6.5%. ‘Year after year our grab for money far exceeds the CPI’ and not much thought given to cutting costs. Believed that the budget can be done ‘without a rate increase’. Of the ‘turnover of $126 million’ half comes from rates. The ‘major recurring expense is’ salaries. There are over 700 EFT staff and which has ‘risen’ dramatically over ‘the recent past’ and ‘now constitutes some 45% of total expenditure’. The ‘trend in industry and government’ is the reverse’. Said that staff are hardworking and loyal and that he’s not advocating the massive staff reductions like government or industry. Council should ‘budget for an industry standard of 3% rise’ which would be a saving of ‘$4.4 million in this budget’.  ‘We neither want nor need more staff’. There’s now a new senior lawyer to ‘join our existing 3 staff lawyers. Why?’. Then stated that he needn’t go into the tens of thousands of dollars that ‘this council has splurged on attacking me’. Said that rate increase brings in over 3 million but the saving in employing no new staff saves over 4 million. ‘This saving alone would result in a nil increase in the rate’. Went on to question whether other projects couldn’t be delayed and thus ‘many more millions’ could be saved. Gave examples of Duncan McKinnon pavilion; Boyd Park underwater storage which had already been delayed. ‘There are many other expenditure items which can be delayed’. Examples given were: ‘warm season grasses’ which were important during the drought but there’s now no drought so ‘no need to spend that money…$620,000…..why?’. Argued that ‘further savings are available by not upgrading the Princes Park car park’ ($540,000) Keeping ‘timber barriers’ rather than ‘concrete plinths in Caulfield Park'( $540,000)… ‘This is just the tip of the iceberg’. Concluded by saying that household budgets ‘are stretched’ and that in his overview he’s demonstrated how over $6 million could be saved ‘which could comfortably achieve a nil rate increase’ and a budget surplus from 3 million to over 5 million. ‘Yes we can do it and yes, we must do it’.

Newton responded by saying that the staff increases are ‘almost all to do with gesac’ and that the salaries aren’t covered by rates. The hiring of life-guards are a ‘legal requirement’ and that there is ‘no choice’.

MAGEE: started off by saying that whether Penhalluriack is right or wrong, ‘he’s a much smarter man than me’ but that Magee’s opinion ‘is different’. Went on to say that the 30 million that council is going to spend on infrastructure is because councils ‘in the past have failed’ in upkeeping them. Admitted that no-one thinks this is the ‘perfect budget’…’we all missed out on projects we wanted to fund….this is basically what is acceptable to us all’. Talked about the ‘worthwhile’ things the budget has got like the upgrade to Centenary Park and Victory Park. ‘We still have to live in the city of Glen Eira….this is something that our community has identified’. Duncan McKinnon has thousands there on weekends ‘and they’re screaming out for this’…it’s unfortunate the cost of it…it’s a necessity….like GESAC’. Admitted he doesn’t like getting his rate bills but that ‘now that I’m in council I can see where that money goes….$15 bucks a week to live here. What a bargain!’ Said he’d ‘love to see the public toilet up in East Bentleigh’ but that will come in the future when the toilet strategy is looked at. This and kindergarten is a commitment he will make if ‘returned to council which I hope I am’. The budget is ‘responsible governing’…’we’re not here to be popular, we’re here to be responsible’.

TANG: Agreed with the things that Pilling ‘picked out of the budget’ and agreed with Magee that a lot of the projects are ‘driven by the community’. Brought up Packer park where ‘council decided that the community was right’ in not selling council land, ‘so things the community wants us to do costs money’. The rate increases ‘leads me onto Cr Penhalluriack’. Talked about benchmarking and that since Glen Eira is $212 below average ‘we try and operate on a lean as budget as possible’. Compared to other councils it ‘could be a lot worse’. Said that each councillor comes to the budget ‘negotiations’ with projects in mind that have come from the community ‘we have to then work out what we can fit into the budget’. Said that he’s ‘disapointed’ in Penhalluriacks’s comments that ‘we haven’t had negotiations on the same page’. Said that no-one had made suggestions for cutting staff’ no-one’s identified a service that council can stop providing’. Said that wage increases are under an Enterprise Agreement and that Penhalluriack is talking about ‘breaching that enterprise agreement’

PENHALLURIACK then raised a point of order saying ‘that is not what I said Mr Chairman’

TANG: said that the enterprise bargaining agreement isn’t 3% and that it’s 3.8%. ‘we’re not on the same page’. Stated that the Princes park carpark wasn’t prioritised in the budget and that if councillors wanted to put it back on they could do so with their vote. Said that they should always be looking for savings and that’s why last year’s budget cut rates and ‘took out 2 warm season grasses’. This year this should go ahead because even though it’s not a drought there are other benefits. Concluded that it’s ‘a responsible and prudent budget given all the pressures’

ESAKOFF: concurred with Tang on Penhalluriack and that Glen Eira’s rates are ‘still at the lower end of the scale’. If she lived in Boroondara then we’d be ‘paying the higher end of the scale’. Said that thousands are enjoying gesac and they can ‘see first hand where their ratepayers dollars are going’ and not one of them would ‘say that’s a bad way to spend our money’.

HYAMS: said he would concentrate on Penhalluriack since in speaking to the motion he’d already covered what he wanted to say. Didn’t agree that it was ‘callous’ to increase rates and that it would be ‘callous not to increase rates’ because that would mean services had to be cut. Cutting capital works would save money only ‘in the short term’ and in the long term ‘probably increase money’. Gave analogy of leaving a road for a long time so it ‘degrades’ and you have to spend a lot more money to repair it. Went on again about rates per assessment as 14% lower than neighbouring councils…‘we don’t waste money we actually preserve money, save money’.

Penhalluriack said that there are ‘yet reasons to be explained why we are acting against him….the ombudsman recommended some of those charges’. Talked about the proposal by the government to ‘change the law’ about Councillor Conduct Panels where councils wouldn’t have to pay the bills if the councillor chooses to go to VCAT’ ‘the assumption will no longer be that council pays those charges…the government has realised (that those councillors who opt for this may be) ‘discouraging councils from following through…by making it all too expensive’ according to the Minister.

PENHALLURIACK: raised a point of order where he said that ‘my legal costs are not being paid by council. Council’s legal costs are being  paid by council’. Said that as the defendant his bills are being paid by the insurance company and ‘as a result we’ve received notice’….

HYAMS at this point interrupted Penhalluriack saying that what he was about to talk about was on ‘yellow paper’ …’so you’ve just breached the Local Government Act again. So well done! Which doesn’t concern you obviously!”

COMMENT FROM GALLERY to Hyams: ‘You’ve been breaching the Local Government Act for the last 10 years’

HYAMS: went on to say that the Minister in the press release pointed out that the Councillor Conduct Panel is the ‘best place’. Said that the budget has been discussed since February and now Penhalluriack comes out with ‘specific’ percentages and though he’s mentioned ‘before that we should be cutting staff’ this is the ‘first time we’ve had those very specific figures to consider’

PENHALLURIACK: restated that he ‘did not say that we should be cutting staff’.

TANG: interjected with a point of order. Said that this wasn’t the appropriate place for a right of reply.

PENHALLURIACK: objected to Hyams ‘putting words into my mouth’

HYAMS: (quite flustered) went back to Princes park carpark and that they’re not upgrading it. Fees coming from gesac ‘are covering those costs’ of extra staff. Quickly then put the motion and Penhalluriack called for a division. All voted in favour. Penhalluriack against.

 

June 14, 2012

Community Plan Presentations

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

Speaker #1: assumed that councillors had read the submission. Began with Open Space contributions and wondered how this was being used since it did not appear to be clearly stated, “so I can only assume that it’s being used for operation costs” and not to purchase land. Suggested that the Audit committee might want to have a look at this if it has been an ongoing practice. Next comment related to inappropriate development and the speaker reinforced the significance of structure plans which can lead to ‘best quality development’. Urged council not to dismiss this strategy. Congratulated council on GESAC but said that we’re now in the ‘post GESAC era’ and need to move on because there are other important projects to consider. Called for a ‘fresh look’ at the plan because it didn’t appear to be very different from earlier plans. It needed more ‘visionary concepts’, more ‘innovative concepts’. Stated that the Steering committee should have consulted with the people who took part in the forums ‘before rushing’ and felt this was the real problem – everything was rushed. Claimed that the council website ‘crashed regularly’. A new website was needed ‘that encompassed more than’ information about administration but that it include information on businesses, sports groups and culture. Said that there should be more stories ‘about community groups’ and more for the ‘disconnected and alone’.

Didn’t think the chamber was particularly welcoming and suggested that councillor’s motions could be put up on a screen, as could the amendments, so that the gallery knows what is being discussed or debated. A strong plea to establish ‘permanent community reference panels’ which would be regularly consulted and would cover everything from church groups to social and sporting groups. Finished by saying that ‘the negativity which runs consistently’ through the submissions should be listened to and not disregarded as a simple minority voice. Said that ‘these are community members who care enough to listen’, read the documents  and they should be heard.

SPEAKER#2: started by stating that after all the consultations, surveys and consultants’ reports overdevelopment, traffic, governance are issues that have been highlighted. These issues aren’t new and have been numerous times over the years. Stated that residents have been continually told that ‘council listens’, but it’s now past this listening phase and that it should be the time for action instead of merely listening. Didn’t think that the current draft plan tackled residents’ concerns. What was lacking were structure plans, height limits, parking plans, levies. Many of council’s policies go back over a decade and are ‘archaic’ and out of date. Concluded with the comment that the community plan provides what it calls ‘strategies’ but these aren’t strategies and ‘measures’ aren’t ‘measures’. Funding for things like drains has been cut, but this is what the community expects council to be doing. Action is what’s needed much more than listening.

SPEAKER #3: Agreed with the points made by earlier speakers. Stated that when council continually puts up rates there should also be a criteria and reporting on ‘productivity improvement’ which should match inflation. These should be reported on quarterly and with clear measures on how this has been achieved.

TANG then asked any of the presenters about one of the points made by GERA about parking permits in residential streets. Asked for examples and said that the ‘solution’ was not something he had been asked about before. One of the presenters responded by saying that currently residents can receive parking permits for adjacent streets regardless of how well these adjacent streets can meet demand. Resident requests for traffic counts have increased dramatically so parking and rat runs are a problem. Stonnington has a policy where new medium developments don’t get parking permits forcing developers to provide on site parking.

TANG asked the second speaker about developer contributions levies and that when Council removed it, it was because it was costing more to operate than the monies received. Said that the majority of councils had ‘got rid of it’ or don’t ‘administer it’. The speaker responded that the Government is probably going to introduce a ‘standardised one’. Another presenter stated that it would be about 8%.

TANG thanked submitters. Said that councillors now needed to go away and reflect on the submissions. Said that he didn’t think that the plan was ‘doing justice to the broader community consultation process’…’timeframe doesn’t allow us to take advantage’ (of committee and responses and that council should take some of community views) ‘on board’. There were also ‘ideological points’ that council would ‘have to grapple with’.  Stated that all the requested changes couldn’t all happen at once and they would have to be staggered over time. That priorities such as changing footpath expenditure to drains, or the pavilion strategy…’tough decisions there….we can’t do them all….some by re-prioritising’.

MAGEE: also thanked submitters and stated that putting things in writing is time consuming and ‘commendable’. Said that reading the submissions he thought that some of the suggestions council was already doing and that Glen Eira is a ‘very, very good council’. Admitted that it’s only over the past 18 months that he’s learnt ‘what it is to be a councillor’ and that the submissions ‘mean more’ to him now than when he first started as councillor. Believed that ‘I do genuinely listen when I’m told what’s wrong’…’we do have structure plans’…’it’s not policy on the run’ (advice they get is)’good advice’. Some of the suggestions put forward ‘make sense’….’there’s some good stuff in here’. Said that residents shouldn’t wait for formal submissions but contact councillors directly at all times.

HYAMS: also thanked submitters and those involved in consultation. Said that ‘there certainly are improvements that can be made to the plan’. The steering committee would meet on Thursday night. Further discussions would happen and ‘hope to adopt it’ on 26th June.

TANG: Said that the website update would hopefully address ‘some of the issues’ raised. Said he had some ideas that would be discussed with the committee.

 

June 13, 2012

Council & The Inviolability Of The Law!

Posted by gleneira under Councillor Performance, GE Council Meeting(s), GE Planning
[14] Comments 

We must admit to being quite amused when certain councillors start spouting the inviolability of the law in Glen Eira – especially planning law. We’ve already had instances of the nonsense surrounding ‘reasonable laws, reasonably enforced’; the same is now happening with planning! It is sacrosanct ONLY WHEN IT SUITS. All one needs to do is look at countless recent planning decisions to see which standards and guidelines happen to be applied and which are conveniently ignored. To therefore turn around and argue that the Planning Scheme and its ‘prescriptions’ are set in concrete is hypocritical in the extreme.

We’ve also digressed from our usual format in that we’ve added a slight commentary to some of the statements made by councillors in this post. It concerns Item 9.1 – The 3 storey Glen Huntly Rd development. Apologies for the length, but it’s important that residents receive the full picture of what went on last night.

Penhalluriack: Stated that the motion ‘concerned’ him and that he moved it be adjourned until next council meeting. There was no seconder.

TANG: Moved, with changes – permit granted (3 storeys and 12 dwellings). Motion amended to include 40 square metres of open space for some of the units. Pilling seconded. Tang began by saying that this was a ‘difficult’ application because it is ‘unique’ in that an ‘agreement’ had been reached between the developer and immediate neighbours. His motion is “not in accordance with the agreement reached’ between the developer and neighbours and that he is urging the upholding of ResCode requirements (Ie open space). Mentioned some of the objections (parking, visual bulk, etc) made by objectors. Talked about “applying planning scheme’ such as ‘increased set backs’. Said that increased open space and set backs helps to ‘try and preserve Glen Eira’s streetscape’. ….Said that the ‘agreement tries to address the primary concerns’ of people adjacent to the site and this is a ‘novel way’ of addressing their concerns. But ‘where I have an issue (with this is that) we need to first apply our town planning policy’….(and) ‘have regard to the objections of all ….’we can put weight on the objections’ (from immediate neighbours)…..(prefers the council way since this) ‘allows all objectors the opportunity if they wish to appeal the decision’ (and if there are amended plans these will go to all parties who objected) …’If any other objector who hasn’t been a party to this agreement (therefore approving the agreement) ‘would I think result in those parties having an unfair disadvantage’ (sic)….

COMMENT: Wouldn’t this very same principle apply regardless of whether the ‘agreement’ between developer and neighbours was passed by council in that the objectors who disagree with this would then have the opportunity to go to VCAT?

PILLING: Noted that this is along a tram corridor. Supported the motion because it ‘improved’ on private open space . Thought that the ‘agreement’ was a ‘bit presumptious’  and ‘we need to follow proper process’ and that this ‘would set a poor precedent’.

ESAKOFF: supported. ‘I think to do anything else would be very bad precedent’….(agreement) ‘doesn’t meet council’s transition policy’ (which is there to) ‘protect’ (residents in Housing Diversity Areas, although this policy is) ‘yet to be adopted, I understand that’. Said that in the past VCAT have ‘tended to agree’ (with this abuttal issue in that )’there does need to be sensitive planning and good set back”…..’and vcat has actually supported us in the past on various  applications’….’problem….on principle I feel disinclined to do that (go back)….’we need to maintain that policy…it would set a terrible precedent and would continue all along our Housing Diversity Areas’. Said that the ‘problem’ will continue along Balaclava Rd, Glen Huntly Rd, etc. ‘along all our tram routes’….’the amenity of the properties which sit behind these developments needs to be protected’

COMMENT: such concern – yet all that the ‘Transitions policy proposes is a setback NOT A ZONE. Thus a single storey house can still have double or triple, or worse, levels peering into people’s backyards under this ‘guidelines’! Why not a zone, councillors? Election time is definitely closing in!

LIPSHUTZ: Started off by saying that at first he was inclined to agree with the officers recommendations ‘but then I ….thought about it longer’ and he will now support the Tang motion. ‘We have laws’ (that have to be obeyed)….’if we allow the objectors …to make private arrangements…then we’ve got no policy…. (people think) ‘we’re allowing our suburbs to be ruined’….’we’re fighting very hard against that’ (but if this arrangement goes ahead) ‘we will be giving away everything we have fought for for so many years’. (The transitions policy is for all areas)…..’yes it’s unfortunate’ (in this case but) ‘the bigger picture is that we have to look at our policy’ (and make sure that all properties are safeguarded)…’because we’re here to protect our neighbourhood not just one particular property’….’I had to think very hard about that’….

COMMENT: Amazing how ‘flexible’ this policy can be when it suits! So much for the “law”. This would of course explain why so many car parking waivers are granted; why of late, disabled parking is turned into visitor car parking spaces, and why 20 or 8 storey proposals in various areas are okay. That’s surely ‘protecting neighbourhoods isn’t it Cr Lipshutz?

PENHALLURIACK: Said this application ‘concerned’ him ‘because we are turning our back on what (residents) want…we are elected to represent our constituents’. Speculated that if the developer and neighbours had got together before the application went in, that there wouldn’t be ‘any fuss’ and ‘probably go straight through’. Said that the only dangerous precedent set here would be ‘in ignoring’ what people want and ‘then applying from the outside some policies’. Stated that he’d met with the two couples living behind the development. His concerns were ‘assuaged’ because they had ‘professional advice’ (town planner) ‘and they were happy with that development’ and it’s ‘foolhardy to go against’ what constituents want.

TANG: question to Penhalluriack on the other 31 objectors. ‘how would you correlate giving the constituents what they want without dealing with the other 31 objectors’?

PENHALLURIACK: ‘that’s why I moved for this to be adjourned for 3 weeks’ so that the views of the other objectors can be sought during this time ‘and hopefully consensus reached without the cost’ of VCAT.

ESAKOFF: another question to Penhalluriack. ‘If a similar deal….in a minimal change area….(where limit is 2 dwellings)….if the neighbours agreed to that would you also agree to that (ie 4, 5 or more dwellings) ‘and not see that as a precedent’?

PENHALLURIACK: Answered that the transiition isn’t yet a policy and still needs to be ‘ratified by Council’. ‘If it’s going against the town planning requirements then of course it will be a precedent’.

MAGEE: Said that this application probably was ’12 months in the planning’ and that it now ‘seems odd that at the 12th hour’ there’s this agreement and people ‘doing deals’. There has been a planning conference, numerous opportunities for developers, architects and objectors to be in touch, ‘we run a great risk in our city being planned on the run’…..’I can only assess this application on what I read…..’not privy’ (to the conversations between developer and neighbours or objectors)….’all I’ve got to go on here is what I read and what I hear from around the table….(didn’t like the fact that after all this time there is now this ‘agreement’ and) ‘it doesn’t sit well with me’….’this is something they should have done four months ago, not 24 hours ago’.

COMMENT: Dereliction of duty perhaps? Hard to believe that of 33 objectors none contacted councillors directly! If this is the first that Cr Magee knows about the application, then we suspect that either he has not taken the time to familiarise himself properly with the issues, or that the entire process of delegation to officers is inadequate when the decision makers have very little notion of what is going on!

HYAMS: Was also at the meeting with objectors living behind the development. ‘we made sure they knew what they were doing’….’they knew what they were doing’…(seeing this as) ‘the lesser of two evils’…..’I was inclined to go along with it, then I started thinking about the implications of that….’if we do accept this deal which is less than what we hoped for with our transition zones…..(and this area will be further developed and that policy states that) ‘applications have to respect their surroundings we might be setting a precedent for other neighbours’. Some of the other 33 objectors mightn’t feel greatly affected but ‘most would feel that they prefer 12 units to 14’. Said it was ‘unusual’ that objectors want something that is ‘less strict’ on the developer. Referred to Penhalluriack’s point about representing contituents ‘when it comes to planning we are actually elected to apply planning law’ (as well as representing people and who are likely to have) ‘other developments built near them’….(Said that they’re still waiting for permission to exhibit the transition policy and therfore can’t be seen to be) ‘backing away from it’. Said that the ‘philosophy set out in that policy is actually council policy’.

COMMENT: top marks for gobbledygook must go to Hyams’ last cited comment.

TANG: In response to Magee’s points about timelines, Tang said that ‘council does offer opportunities to get together’ BEFORE via the ‘pre certification process’.(so that developers can amend the application before it goes any further and there’s a formal application)…..’The agreement does support 14 dwellings in an altered configuration’ but doesn’t ‘talk about….visitor parking….agreement may deal with a couple of the primary objections….it doesn’t deal with all of those….(He then went on to address ‘misconceptions’ in that ‘half of Glen Eira’s policies’ (ie Housing diversity versus minimal sites) and that the transitions policy tries to add some ‘prescription, tries to give certainty and further guidance’. (The policy therefore needs to apply here and a lot of work has been done to ensure that the site is appropriate to the neighbourhood)…..’there is a mediation process at vcat’ (which will avoid costs and could be ‘cut off at the pass’ at this mediation ‘point’).

MOTION CARRIED WITH ONLY PENHALLURIACK VOTING AGAINST.

 

June 12, 2012

A Brief Report

Posted by gleneira under Councillor Performance, GE Council Meeting(s)
[3] Comments 

Tonight’s Council Meeting was frankly disappointing in terms of the overall turnout of residents. Of the 20 plus submissions on the Council/Community Plan, only three people addressed council whilst most of the submitters were not present in chambers. Whether unforseen circumstances prevented their appearance and presentation (ie Friends of Caulfield Park had expressed the desire to address council) or whether residents after years and years of submitting their thoughts, ideas, and aspirations, only to have nothing come from their efforts, thought in the end, it was a useless exercise, we do not pretend to know. However, as the saying goes, the outcomes of the submissions are what’s important and residents will undoubtedly judge council on this basis. We will report in greater detail on the presentations in the next day or so.

Of immediate interest are the two development applications which together drew approximately 110 objections – the Glen Huntly Road, and the Gilmour St, Bentleigh proposals. We believe that the debate on these two applications illustrated precisely what is amiss with Glen Eira Council, its Planning Scheme, and how reluctant councillors are to challenge the current (hidden) agendas. The Glen Huntly Rd applications basically accepted the officers’ recommendation, whilst the Gilmour St application reduced the number of dwellings to one double storey and two single storeys.

Penhalluriack made two ‘suggestions’ – to defer decision on the Glen Huntly application. There was no seconder. His request for a report on the Exeloo toilets and for a cost/benefit analysis that included maintenance costs, and graffiti removal costs, was defeated. Magee seconded.

In the coming days we will present a detailed account of the arguments so that residents may judge for themselves the contradictions, the grandstanding, and the innumerable lapses in logic.

PS: It’s also worth mentioning that the game of verbal gymnastics continues unabated. 3 councillors continually referred to the “transitions policy” as a “transition ZONE”. We remind readers that nothing could be further from the truth. This is NOT A ZONE. It merely creates setbacks for those properties abutting Minimal Change Areas. To call this a ZONE is not only misleading, but we contend, deliberately mischievious. If councillors do not even know what they are voting for, then we are all in real trouble. If they do know, then their obfuscation of the truth is unacceptable.

 

May 23, 2012

Debate: Does It Really Exist?

Posted by gleneira under Councillor Performance, GE Council Meeting(s), GE Governance, GE Planning
[14] Comments 

We beg readers indulgence since we’re about to repeat ourselves. We have continually stated that residents have made it absolutely clear that their prime concern is inappropriate and/or over development. We have also stated that part of the problem is that far too much power is granted to officers via the delegations process and councillors rarely get a look in.

We’ve also remarked on how Tuesday night’s council meeting had a warm and fluffy feeling where everybody was congratulating everybody else for GESAC, for parks and gardens, and so forth. Yet, hidden away in the agenda there was another draft of delegations.

Residents should expect that what happens in chamber is more than back slapping and mutual admiration societies. That when important agenda items crop up (ie delegations, environmental sustainability) that there at least be ‘robust’ discussion and that these recommendations are not simply rubber stamped by a bunch of either disinterested or compliant councillors.

What we’ve done below is feature the time taken to decide on some of these agenda items as well as the discussion on the GESAC report. Readers should note that delegations warranted a bare 90 seconds of council time. Compare this to the amount of time expended on the back slapping!

9.1 GESAC

Moved Lipshutz; seconded Lobo

LIPSHUTZ: started off with explaining that GESAC opened on 7th May with a ‘soft opening’ and the official opening will be on 22nd June. The facility is an ‘unmitigated success…..beyond our wildest dreams….quickly taken up by members…..almost 5000 members….because 95%…is indoors (it can be used all year round)….(so the delay) ‘whilst unfortunate is not significant’…clubs haven’t used it fully (as yet because of) ‘mid season’….we expect that the next round of seasons’ (facilities will be taken up fully)….83 schools within (area)….’of course teething problems’…(such a success that contacted by Australian Properties & other councils and invited to) ‘nominate for an award for innovation’…’at the present moment this is the benchmark’…’feather in the cap’ (for this and previous councils and public for their vision)…’wonderful facility’

LOBO: GESAC is ‘a jewel in the crown of Glen Eira’….’privileged to be one of the foundation members’…’great place offering all year round health’…..’I visit GESAC twice a day’….4914 (members)….numbers skyrocketing….’was budgeted to cost $41.2 million and to the great financial management of this Council ….has paid $37 million’….(staff members live locally and work part time. Rest of speech was basically a regurgitation of the Newton provided Officers Report apart from the aside – ‘Glen Eira Debates and Glen Eira Residents’ Association need to take a positive look of this worthwhile project……(instead of negative)….’it takes courage to say a spade is a spade’….(Thanked the Steering committee – ie Lipshutz, Esakoff & Magee for their ‘fantastic’ job and Newton and his directors).

ESAKOFF: began by saying how as a child learning to swim at the Bentleigh pool the transition is ‘quite amazing’….seed that was planted back in 2005….consultation period….to watch it grow …through that process of design…..watching it grow and now seeing it in its full glory (an amazing experience)….(thanked government for subsidies).

MAGEE: GESAC ‘has no equal’…’gratifying to be a councillor at this time’….’this council is the major stakeholder’….’we are the ones that built it…..we couldn’t have done it without our community…..community through their rates will fund this…(community has endorsed GESAC and) ‘waited patiently’….(5000 members shows that community) ‘weren’t put off by GESAC opening that few months late’…..(took so long because of quality work) ‘the fittings, workmanship’….GESAC will be there for the next 50, 60 hopefully the next 100 years’….(thanked Waite and his department, but ultimately has to thank) ‘our CEO…without….(him the project wouldn’t be anywhere near the quality it is)….’nowhere near as successful …..’thank…from the bottom of my heart’….

TANG: ‘thrilled’ it’s open….’great disappointment that construction project that went behind time’….(visited on Sunday and compared to the pools of his youth. Place was packed with all range of ages)….(Numbers are ) ‘far beyond council’s expectations’ (and thus this isn’t just) ‘a white elephant, a monument to how big a building can we build’….’community facility’….(needs people and there are people there)….’budgetary aspect is certainly something that we have to report on’ (42 million and spent 37 million) ‘and hopefully not too much more’….we need to monitor carefully’….(courts were something community crying out for) ‘starting in the middle of the season….hasn’t been great….that’s the area for improvement’…..’have to get the people who are driving to Nunawading, driving to Albert Park (who don’t have these facilities to take up the ones at GESAC)

Asked CEO question about press reports on membership and compensation for members

NEWTON:  ‘members have not been charged anything up til now….(that will start this week and first debits in June as recognition that project was delayed and some of these people) ‘would have had to pay memberships at other places’….’that’s been very well received’

PILLING: agreed with other councillors and that he and his friends have been down and it is a ‘great facility’…..(said that) ‘there are some gaps’ (in the courts)…’that’s understandable given’ (missed start to season)….’aquatic features are full’ (whenever he’s visited. Hoped that over the next 6 months all the courts would be) ‘well utilised’…..’down the track we will have to consider Carnegie Pool…..I don’t think the success of GESAC should (influence Carnegie)…I’m looking forward to having an argument down the track….

HYAMS: ‘great work that many people have done’ (steering committee, ceo, staff members)….’there will be gaps in the high ball courts….because they can’t transfer over in time…(but expected to see them all busy in a couple of months)…’little parking left (when he’s gone done which is an indication of) ‘how well it’s going’…..’if anyone wants any indication of (what people think of it just look on Facebook site). …’most significant capital project for years and years to come’….(agreed that Carnegie Pool was a facility that should be retained)

LIPSHUTZ: Esakoff had spoken about ‘seeds’ and coming to fruition. Lipshutz then said that ‘someone has to plant that seed’ (Newton)…..(in 2005 when new council came in Newton told them) ‘what a mess our two pools were’…..’losing money hand over fist and he certainly planted a seed……(went on to say how hard the Pool steering committee had worked and Waite and his team)….’builder certainly tried to cut corners…because of the way our project team worked (corners) were not cut’…’previous pools were losing money….this pool is built to make money…it will also be a financial success….’.

PASSED UNANIMOUSLY – took approximately 18 minutes.

ITEM 9.2 quarterly report – 3 speakers – Pilling, Lipshutz, Tang. Approximately 7 minutes

Item 9.3 VCAT watch – 2 speakers – Lipshutz & Tang – approximately 5 minutes

Item 9.7 Park user surveys – 7 speakers Esakoff, Lipshutz, Tang, Magee, Pilling, Penhalluriack, Hyams – approximately 13 minutes

Item 9.8 – environmental report – 3 speakers – Tang, Pilling, Lipshutz – approximately 8 minutes

ITEM 9.9 DELEGATIONS – 1 speaker – Lipshutz

APPROXIMATELY 90 SECONDS AND THIS INCLUDES THE AMENDMENT/CHANGES PUT BY LIPSHUTZ.

 

May 22, 2012

Sugar’N’Spice & All Things Nice

Posted by gleneira under Councillor Performance, GE Council Meeting(s)
[8] Comments 

Tonight’s council meeting was largely a series of self-congratulations on everything from GESAC, to quarterly reports, to VCAT decisions. We will report in detail in the days to come, but these are the ‘highlights’.

  • Burke referred to a ‘joint letter’ signed by 243 residents complaining about the Kooyong Rd/Alma Rd intersection ‘trial’. Strangely enough, every councillor who spoke referred to this as a ‘petition’ – not a ‘joint letter’. Confusion reigns supreme we guess!
  • Several councillors finally admitted that the GESAC basketball courts were currently under-utilised. This was attributed to the fact that the season hadn’t started properly as yet. The question still remains – does this mean that the Warriors are not meeting their end of the bargain and that ratepayers are subsidising this tender? It also begs the question of how long will this subsidy continue and how much revenue is being lost?
  • Since no councillor reads the blog we’re told, it must also be sheer coincidence that Tang picked up on our citing of the VCAT member’s decision regarding Etna St and the fact that State policy over-rides Council policy which refuses to classify Glen Huntly as a Major Activity Centre
  • Esakoff reported on the MAV conference where she focused on motions that impacted on Glen Eira. Pity that residents were kept in the dark as to council’s position on any of the motions. Surely the decision(s) on Council’s position on each motion weren’t taken in Assembly meetings since that would be illegal, wouldn’t it? Or did Esakoff simply vote on her own accord without consulting other councillors first?
 

May 18, 2012

Keeping The Bastards Honest!

Posted by gleneira under Councillor Performance, GE Council Meeting(s), GE Governance, GE Service Performance
[8] Comments 

Despite all the protestations that no-one at Council follows Glen Eira Debates it is amazing how often our posts have engendered some kind of verbal ‘feedback’ to our criticisms in actual council meetings. Words have also, at times, given way to real action. The latest example features in the agenda items for next Tuesday night.

We recently pointed out how the ‘measures’ included in the Council Plan for the past 4 years have NEVER been implemented as required. Whilst the measures promised to report on the NUMBERS of permits granted for Minimal Change and Housing Diversity Areas, this was never done. Instead there was the wonderful waffle of vague percentages. Well, we are very pleased to report that for the very first time that we are aware of, the Quarterly Report in relation to this objective actually does what is supposed to be done ie. “247 dwellings approved in minimal change area and 628 in housing diversity to the end of March (figures updated quarterly)”. This stands in contrast to the nonsense that was previously stated – ie. ‘75% of dwellings approved occurred in housing diversity area’. For this belated ‘improvement’, we unashamedly take some credit.

We haven’t been all that successful when it comes to delegations. The same old ceding of power to unelected officials continues unabated. We simply repeat here something that we wrote a year ago –

“We ask readers to consider the following comparisons between Glen Eira and other councils in order to assess how little control our elected representatives have over planning in this municipality and how little decision making by officers is accessible, transparent and accountable to the community.

For instance:

  1. Kingston, Darebin,   Moreland, Frankston, Banyule, Cardinia (amongst others) do not simply have  a ‘delegated planning committee’ (DPC) – they have decreed that such  committees are constituted as ‘Special Committees’. This means that      agendas are published, meeting schedules are published, minutes are published, residents officially address committees (some allow 5 mins), and most importantly the committees consist of councillors – all chaired by the Mayor. The role of officers is simply to present and/or provide  ‘advice’. This is a far cry from the manner in which DPC’s operate in Glen      Eira
  2. Many councils provide monthly reports to full council meetings where information is provided on: how many applications; how many permits granted by officers, DPC’s; how many refused by the various officers, etc. In Glen Eira, the only report      which is published is that which documents applications before VCAT. We   doubt if councillors, and certainly not the public, have any idea as to  the breakdown of applications and their acceptance or refusal.

There are many other differences as well –

  • ‘Councillor call in’ – where a single councillor has the power to ‘call in’ any application for decision at a full council meeting (Port Phillip; Cardinia; Bayside; Kingston; Banyule; Casey; Frankston to name but a few!)
  • Number of objections clearly specified as the trigger for panel or full council determination (often 5, some 10 – In Glen Eira we find the phrase ‘significant number’!)
  • Height levels that determine whether applications go to DCP, Council or officers. In Glen Eira two storey to be determined by officers alone)
  • Parking restrictions – ie. if a development intends to waive parking restrictions whether or not this should go to council or DCP (Port Phillip).”

Nothing like this of course, happens in Glen Eira

Item 9.1: GESAC

This report bears Newton’s name. We simply marvel at the sheer audacity of the following sentence and what it could possibly imply about the intelligence of residents?

“Government grants constituted 35% of the construction contract. Glen Eira ratepayers enjoy 100% of the facility after contributing 65% of the cost.”

Surely the ‘cost’ must include $2.5 million per year in interest for the next 10 or 15 years, plus running and maintainence costs; plus staff costs; plus insurance costs; plus setting up costs; plus lost income costs; plus tendering costs; plus more car park costs; plus road changes, traffic light installation costs; plus power supply costs. At a rough estimate just on interest alone the alleged $45-47 million project balloons out to between $70 – 80 million dollars. Does this then equal ‘65% of the cost’ or are residents just being fed more and more spin?

 

PS: CORRECTION. We’ve double checked the Quarterly Reports and despite the long standing requirement to report NUMBERS for dwellings in Minimal Change/Housing Diversity this did not happen until the Quarterly Report of November, 2011.

 

May 3, 2012

More Mulch

Posted by gleneira under Councillor Performance, GE Council Meeting(s), GE Service Performance
[11] Comments 

Item 9.5 Leaf and Chipped Garden Waste

Penhalluriack left the room. Lipshutz moved and Magee seconded motion.

LIPSHUTZ: stated that this has been a ‘vexed issue for some time now’ and been dealt with by the Ombudsman. Said that Penhalluriack had raised the issue of legionella disease and potential risk to workers. Said that ‘we have a proper’ report that recommends ‘some safeguards which will protect’ users. Claimed that what the Arnold report does say is that ‘bacteria’ is ‘found in all sorts of’ gardens and waste. Went on to say that he personally was ‘not aware of any person contracting Legionnaires disease by using our mulch facility’. In these ‘circumstances it is appropriate’ to reopen the facility with the ‘safeguards as outlined’.

MAGEE: Said that last year he had no ‘hesitation’ in voting to close the facility because ‘there was a potential risk to members of our community’. But now after reading a lot more and ‘given the 6 recommendations’ by the Arnold report it was okay. Noted that there was also a letter from Arnold that came in April. Read from the letter where it was claimed that they tested ‘both the air and the mulch’ and that ‘legionella was not detected’. ‘I’m more than comfortable with that paragraph’ and together with the recommendations was happy to ‘reverse the decision I made’. Was now ‘confident’ that there isn’t any risk.

LOBO:  began by referring to what he had said at last council meeting about the Ombudsman’s title to his report and that he was ‘misquoted by the local Glen Eira Debates’ blog. Reiterated that the title is ‘not a good reflection’ on councillors when it says that governance ‘involves each and every one of us’. Defined governance in terms of ‘processes’ and ‘procedures’ and ‘accountable’. Said that he believed that ‘as councillors we have done what we could’ so therefore the ombudsman’s title should have simply said ‘poor governance…..by a councillor’… ‘it should not be a reflection’ on others. Went on to say that as soon as councillors were aware following the O’Neill report they sent Penhalluriack off to a Code of Conduct Panel. ‘Painting everyone with the same brush was not appropriate’ and all this does is ‘show the over enthusiasm of the ombudsman’.  Said that when he last raised the issue ‘I was criticised by Glen Eira Debates….(claimed not to be reading it) ‘regularly but I do go on it once a month’. There was the need for Glen Eira Debates to ‘be careful in information….particularly those (that write under) cover (of anonymity)….’they should be courageous enough to say who they are’ so that councillors could reply. Went on to say that when he ‘had the guts’ to show up at a recent community forum one ‘over enthusiastic resident’ attacked councillors who were ‘painted as useless’ and that the ‘community should get rid of all the councillors’….’ I don’t understand all this garbage’ and that Glen Eira Debates should think about the positive things that council is doing and not be ‘negative’.

ESAKOFF:  Agreed with Magee that the recommendations were ‘competent’ and that ‘there will be no issue in the area’ and that there will be ‘more than a few residents’ who will be pleased with the reopening.

HYAMS:  Said that the ‘first part’ of the motion is to note the ombudsman’s report ‘on these matters’. Agreed with Lobo’s comments that the title is ‘unfortunate and doesn’t reflect the contents of the report’ and also ‘endorsed’ Lobo’s comments on those ‘without the integrity to put their names to their criticisms’. They ‘hide behind anonymity’ and ‘cowardice’. The further letter from Noel Arnold ‘proves that contrary to much speculation’ the mulch was checked but that isn’t ‘an indication of whether the mulch facility causes a risk to health’ because there’s always ‘things in dirt’. Said that the ‘real test’ is checking the air and that was done. Officers ‘weren’t able to find’ any other location that was as good as Glen Huntly Park because of ‘the size of the car park’. Since the facility was closed there had been a lot of ‘feedback’ from people that it shouldn’t have been closed. Said that when he voted to close it his real concern was that ‘people may not handle it safely’, ‘but I guess there is only so much that you can do’ (so the recommendations and the debate would alert people. Also they might try and get it from other sites that don’t have these safety precautions).

MOTION CARRIED UNANIMOUSLY (5 councillors with Pilling, Tang & Forge absent).

 

May 1, 2012

Revisionism Or Hedging Your Bets?

Posted by gleneira under Councillor Performance, GE Council Meeting(s), GE Governance
[20] Comments 

Lipshutz got the ball rolling tonight with an incredible motion – to rewrite history and the official record. When Hyams called for confirmation of minutes Lipshutz moved that the minutes of 10th April be amended in relation to Penhalluriack’s questions and Lipshutz’s point of order inserted. He claimed that the questions were ‘a continuation of the bullying behaviour’ as ‘noted in the Ombudsman’s report”. Hyams asked for a seconder. There was a very long silence and in the end, Hyams seconded the motion himself.

LIPSHUTZ: Said that Penhalluriack asked a ‘series of questions’ and on the 5th question he raised a point of order. Stated again that the point of order was upheld by Hyams and ‘therefore the minutes do not properly reflect that’.

HYAMS: agreed  that what’s there currently is ‘more commentary’ than an account of ‘what actually happened at the meeting’. Said that his ‘recollection’ of the events was about the three points of order that Lipshutz raised and that he ruled in favour of them.

PENHALLURIACK: “I asked a series of questions……(he paused after the first one and got Hyams permission to continue)….’those questions are vital…..(since councillors will be voting on re-opening the mulch facility)……’that is council’s right’….’but the minutes are inaccurate because they don’t record the fact that I had asked 4 questions’ (and we didn’t get notice of Lipshutz’s motion in assembly)….’the four questions should have been put on the record…they should be answered by the CEO (or relevant officer)…..Cr Lipshutz is famous for….leaping to his feet to stop me from speaking….(he should have done this with the first question but he didn’t)…(same for 2nd, 3rd, and 4th question)…..’during the 5th….he suddenly woke up…..or (decided to) stop me at that point’….(Said that Hyams pointed out that Glen Eira’s meeting procedures in the Local Law) ‘protect you from my motion of dissent’….’so even though there may have been a majority of councillors who didn’t like what you were doing….you weren’t prepared to put it to the vote’….(which democratic institutions) ‘love doing’….(You said) ‘I rule, I am the Mayor’ …(the Mayor of) ‘toss of the coin’….’I will not listen to your motion of dissent and I will not consult with fellow councillors’….’that defies logic that a point of order can go backwards’ (and delete earlier questions)….’each of my questions covered different matters’…

Hyams interrupted saying that Penhalluriack’s 3 minutes were up. A vote to extend time was taken and passed unanimously.

PENHALLURIACK: ‘we have the tape recording of the meeting’ (so can confirm what) “I’m saying is correct’…’there was silence…..until the 5th question….(Told councillors to refer to the minutes of the assembly of 10th April where it says ‘Councillor questions’ and quoted that Penhalluriack advised he had a ‘list of questions’)….’not a question….a list of questions’….’I am now demanding that this council supports me in getting those questions answered’….’councillors deserve explicit answers before they embark’ (on decisions on the agenda tonight).

HYAMS: said he wanted to ask Burke a ‘couple of questions’.

‘Is there anything in our Local Law at all that would have allowed me to do that?’ (ie put the dissent motion to a vote). Burke answered ‘No there’s not’. Next question was whether the Local Law permitted the Mayor to ‘decide all points of order?’. Burke stated that ‘the Local Law is quite clear….absolutely clear…’. Hyams then asked if Burke had heard him say ‘I am the Mayor and what I say goes’?..Burke said that he doesn’t have a ‘recollection’ of what Penhalluriack alleges Hyams said. Hyams then said that he ‘understands that you’ve listened to the tape of this discussion’….’does it reflect that all the questions were ruled out of order?’ Burke confirmed this.

LIPSHUTZ: asked Burke that when he moved the point of order whether he meant all questions?

BURKE: responded that the point of order ‘was in relation to all questions’.

PENHALLURIACK: said that in any meeting of ‘elected representatives’…..’is it possible to put anything to the vote?’

BURKE asked Penhalluriack to ‘be more specific’.

PENHALLURIACK: Agreed that the Local Law states that the Mayor can decide but ‘it does not say that the Mayor cannot democratically ask his councillors’ to vote….’that’s similar to when the Mayor has the casting vote….(and his obligation is to preserve the status quo)…’the law doesn’t say he must, tradition says he will’.

BURKE: stated that he’s only got the Local Law and that says that the Mayor is the final ‘arbiter’.

PENHALLURIACK: said that Burke is avoiding the question and asked whether ‘it was not possible for the Mayor to seek the advice’ of his councillors…..

BURKE: ‘…..ultimately (chairperson has to ensure that the)’business of council is done….in good order….(since there is the Local Law then it would be) ‘most unusual to move away from that’….there’s nothing to stop the Chairperson from doing that ( but he doesn’t have to).

PENAHLLURIACK: stated that he didn’t say that the chair ‘has to do that’…..

HYAMS: interrupted by asking if Penhalluriack was asking a question or making a statement.

PENHALLURIACK: Asked Burke that when he listened to the tapes whether he noticed a ‘pause’ between the series of questions

BURKE responded that he didn’t

PENHALLURIACK asked for a copy of the tape

BURKE: “I will need to consider that request Councillor’

PENHALLURIACK: Why?

BURKE: ‘That’s my answer Cr Penhalluriack’.

LOBO: Said that he didn’t come to the council meeting for the election of the Mayor because he ‘wasn’t well’…..(Penhalluriack shouldn’t have said that Hyams is a Mayor) ‘by toss of the coin…you have to respect the seat’.

PENHALLURIACK: asked permission to answer but Hyams said it wasn’t a question. Penhalluriack said his comments weren’t a  reflection on Lobo. Hyams then said that Penhalluriack is ‘allowed to speak if you feel you’ve been misrepresented’.

LIPSHUTZ: Claimed that his habit of ‘jumping up’ is ‘not true’….(he was concerned that Penhalluriack not continue with behaviour)…’that the ombudsman and the O’Neill report (condemend)….’I’m also concerned….that the questions be proper….’not just Penhalluriack….if any councillor, including myself embark on that course (then he’d want someone to raise a point of order)….(said that Penhalluriack’s claim about ‘no notice) ‘that’s not true either….(said that at the pre-meeting he gave a) ‘clear indication’….’that I may raise a point of order’….(said that Penhalluriack was trying to) ‘revive the same motion that he had’ (before)…’reality is….listened to the question to see how far….by the 5th question pretty clear ….the whole totality of those questions were the subject of my concern…’list of questions and they were dealt with as one….(point of order was upheld)’and the minutes should reflect that’….

MOTION PUT and CARRIED. Penhalluriack called for a division. FOR – Esakoff, Lipshutz, Lobo, Hyams. AGAINST: Magee, Penhalluriack

IT SHOULD BE NOTED THAT FORGE AND TANG WERE APOLOGIES. PILLING WAS ABSENT AND NO APOLOGY TENDERED.

 

April 27, 2012

Move Over Sir Humphrey!

Posted by gleneira under GE Council Meeting(s), GE Governance, GE Planning, GE Service Performance
[21] Comments 

GESAC

We report that:

  • Once again no Pools Steering Committee report – even though this group are meant to meet every month and keep councillors informed as to progress
  • Of the 5 Records of Assembly (ranging over a month) GESAC is mentioned ONCE!
  • Council is still losing money hand over fist. The Financial Report lists revenue loss as now standing at $1.93 million due to the delay.
  • Also of significance is the nearly $4 million that capital works is behind schedule. Maybe the principle at work here is:  don’t spend what you promised to spend because that would drive the liquidity ratio well below the danger level of 1! Hang on to the money for as long as you can and use this to artificially boost the cash base.

RECORDS OF ASSEMBLY

5 records of assembly are provided. We have to again question the accuracy and/or selective nature of these ‘records’. Lipshutz does not rate a mention once – it’s like he doesn’t exist. Either he is not doing his job by raising issues, or those issues simply aren’t reported. We certainly do not believe that he sits in these meetings totally mute. That then raises the question of how slanted these various records of assembly are.

We’ve gone through these and noted the number of times that individual councillors get a mention (apart from the declarations of interest).  It’s therefore fascinating as to what is put in and what is left out and the bigger question of WHO DECIDES – especially when we’re told that the meeting adjourned and reassembled but only councillors are listed. Does this mean that officers departed? If they didn’t, then why aren’t they listed as present? If they did leave then who took the minutes? Was it an independent note-taker as recommended by the Municipal Inspector?

The individual councillor mentions are:

Penhalluriack – 17

Hyams – 7

Magee – 5

Lobo – 4

Forge – 7

Pilling 1

Tang 3

Esakoff was absent for all meetings; Pilling was absent for 1.

Readers are free to draw their own conclusions as to what this signifies. However, it should raise alarm bells as to the possible distortion(s) that these ‘records’ might represent.

C87

Overall recommendation is to go to a Planning Panel. However, the convoluted logic is worthy of highlighting. Apparently there were 59 submissions. Some favoured the Amendment, others opposed. What is important is that of these 59,

“27 submitters support the intent of the amendment but are “objecting” because their properties have not been included in the amendment”.

Since council did not INVITE comments from the community in preparing this amendment nor determining which areas are worthy of greater protection, they now turn around and argue – “This category of submissions request changes which go beyond the scope of this amendment in the form it was exhibited to the community. Any property that was not included as part of the exhibited amendment cannot now be included in this amendment.”

This somewhat patronising advice is then offered to those 27 submitters – “The suggested way forward for this category of submitters is to encourage them to put their views to the independent panel. The panel may, through their reported recommendations to Council, come to the view that some properties, not currently part of the amendment, are nonetheless worthy of NCO or DDO protection. It would then be open to Council to consider a new amendment process to include these properties.”

In other words, tough luck! We believe that the chances of the Panel investigating something outside their terms of reference is zero! Another Amendment must be devised, advertised, calls for submissions, Ministerial approval, etc. etc. As Hyams is so fond of saying, this could take years!

Our conclusion? Another tinkering with the edges of the planning scheme to deliver pre-determined outcomes that have deliberately excluded consideration of the majority of areas within Glen Eira. This is Sir Humphrey at his absolute best!

MULCH

Finally, there’s the recommendation to re-install the mulch facility exactly where it’s been – Glen Huntly. Residents are expected to believe that there is absolutely no other area within Glen Eira that could accommodate this facility and that relocation would probably cost $3 million!

We’ll comment on this in far greater detail in the days ahead.

 

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