GE Council Meeting(s)


Item 9.1 – Glenhuntly Rd/Beavis St, Elsternwick – Motion to oppose amended plans – Carried – Hyams, Pilling and Tang voted for accepting amended plans.

Esakoff and Penhalluriack both declared a conflict of interest. Hyams took the chair. Lipshutz explained that the original application had been rejected by council and that this is for amended plans. ‘at first blush’ the plans look all right since they represent a ‘down grading’ but when looked at closely this represents ‘a small street that is being choked by traffic’….there’s traffic all day long and there’s a school there…..(and will be) chaotic to the residents’ but not just the residents since this will flow all the way back into Glen Huntly Rd. He went on to say that ‘whilst the character of Elsternwick is changing and is certainly ripe for development’ this plan isn’t ‘appropriate’…one also has to look at carparking……if one looks at the modern trend of cars, that is use of cars one expects this development to be of a high quality….what you see is with high quality housing people have two cars and with two cars ….you’re going to get all that traffic coming out of Beavis St……argument is that people ….will use trams..(but trams are woefully inadequate)…until government takes real notice of insfrastructure planning ….I oppose it.

[One might very well ask: what happened to the argument that people won’t need that many cars living alongside a transport corridor? What evidence is there that ‘high quality’ dwellings will attract people with more cars? Please note: Report states that 22% of the 99 proposed dwelling will be ‘studio apartments’ and only 4 will be 2 bedroom apartments! What should also be remembered is that in the past Lipshutz has stated living close to transport will alleviate the reliance on cars – here we appear to have the opposite argument since the building will be of ‘high quality’!!!!]

Forge – ‘in the wrong place and will cause chaos’

Pilling: (against the motion) – ‘support this….(since) a vast improvement’ on previous application….I think this is appropriate for this site…..public transport, a huge shopping centre…..

Tang: at planning conference there was support for developing the site but ‘no one enjoys’ the experience of shopping there and the car park situation. ‘we saying this site would be good for urban renewal’….one of the strengths (this proposal has is that it does propose) more car parking…..from of development will be approved eventually when they get it right…..it’s also a good spot for housing because we want to see housing utilised in that particular spot…..but not at the level that this is proposing…..it doesn’t fit in….four storeys is what I would be expecting at this site’.

Hyams: ‘regardless of what we do it will be VCAT that is making the decision…..significantly different to what we rejected originally’. Hyams then stated that one reason which influences his decision is that the 10 storey application in Elsternwick was upheld by VCAT…’disappointing but that’s the way VCAT appears to be interpreting our Urban Villages policy….if we oppose it I fear it will go over our heads’ so better to accept with conditions.

Item 9.7: Flooding – Melbourne Water Overlay (Passed unanimously)

Esakoff moved alternate motion (seconded by Pilling). It consisted of asking for further representations to Melbourne Water and Government about improving drains and preventing flooding; and to prepare a report on the damage to Glen Eira from last Friday’s flooding; how the emergency response from council was during and after the flood; look at Melbourne Water and Council’s maintenance to ensure that drains are free of blockages; for council to review and ‘if necessary’ improve response; options to reduce the risk of flooding.

Esakoff went on to read a prepared statement which said that as a result of the flooding ‘some residents believed that council had been slow in response’….Since her statement in the press there was ‘information received which showed this was not the case’. A report from Human Services showed that council was not slow and relied on data received from the SES and other services. 152 properties were listed as flooded. On the following two days council officers ‘visited all of these properties’…’including the residents reported in the Leader saying that no-one from council’ had visited them until Thursday. The website contained information; and at the customer service centre.

Following meetings 621 information packs were sent out to residents that included letters inviting residents to contact council ‘to arrange a visit by an environmental health officer’. Esakoff then went on to outline all the support that was given, including 11 requests for emergency accommodation. Also, all concerns raised by residents at a community meeting ‘have been resolved’. Officers were diligent providing information about financial assistance, clean up advice and personal support. Unfortunately ‘in events like this, there is always a great deal of emotion and we all understand this’, ….’it’s easy to pass the blame but in this case…Council has responded appropriately’. The report is to make sure that ‘no stone is left unturned’

We’ve received a copy of Cr. Penhalluriack’s speech last night –

The residents of this municipality know exactly where I stand on the issue of opening up the Caulfield Racecourse Reserve for public use, rather than as a private estate for the “rich and famous”, as it has been used by the Racing Fraternity for the past 153 years. 

What the residents of this municipality do not know is where you, the rest of their elected representatives, stand. If you vote against this motion then I’m afraid you will have abandoned not only your moral obligations to this community but also you will have abandoned your fiduciary obligations to ensure that public resources are used to benefit the entire community. 

This is the moment of truth. 

Alan Jones, the very successful Wallabies Coach, once said:

“There are many things we can never get back.  There is time, this very minute, this very second of our lives … we will never have it again.

“Then there are words, what you and I are saying right now will never be heard or spoken in the same light in any other point in time.

“And finally there are opportunities, once missed you are never given the chance again.” 

This is one such occasion.  This is the time, these are the words, and this is the only opportunity you are ever going to get to make amends for 150 years of monopoly that the “Sport of Kings” – even that name rings of arrogance — has over our public recreation ground and our public park.  We must seize the opportunity with both hands, or forever know that we personally have not done our best for the community.  We have let them down.  

Listen to your conscience.  Apply your hearts and minds to this issue. 

Glen Eira has only 1.4 hectares of open space per 1,000 residents.  That’s less than any other local government in Victoria.  14 sq.m. per person.  About half the size of a small bedroom. 

The time of reckoning is here, right now.   Will you settle for a half a car-park, or a real public park?  This choice is of vital importance to every citizens of Glen Eira — and to those who live well beyond our borders.  It can put Glen Eira on the world map of beautiful parks.  

The people have elected you.  The people trust you.  The choice is yours, and yours alone. 

We are about to make a decision which will have lifelong consequences for the population and the surrounds of this municipality. The community has every right to expect that we, as its democratically elected decision makers, put the community’s interests above those of the MRC.  We must ensure that our processes of decision making are beyond reproach. We must ensure we are open and transparent.  We are a government of the people, by the people and, most importantly, for the people.  We all have to justify our stance now, at the next election and, most importantly, to your own consciences as you lie in bed tonight and reflect on what you have done for the wider community. 

Finally, let me remind you of a Select Committee that the Minister for Health chaired in 2008.  One of many supportive conclusions was “that evidence from the Trustees themselves illustrates the complete lack of appreciation for the original purposes of the Reserve as a Public Park and the responsibility to uphold that purpose (the public park purpose) with equal status as horse racing.”  (P.135).  

At that hearing it became apparent that some Racing Industry appointed Trustees did not even know the boundaries between the MRC’s freehold land and the Crown Land which they supposedly govern and control. 

It is some three years after that Select Committee reported to Parliament.  Only now is Council claiming some small portion, some 30%, of the Crown Land.  We are laying claim to a redundant runt accessible only via a quarter-kilometre long tunnel.  Councillors, for the life of me, is that asking too much? 

Following on from that Select Committee, on the 27th November 2009 , the Minister for Sustainability and the Environment the Hon Gavin Jennings, told Parliament …  “I wanted to be satisfied that the net benefit of this would derive a community benefit and that there would be the potential once and for all to make sure that the community is aware this is a public reserve and not, as it may have been perceived for decades, a private space. 

“We are unswerving in our determination to ensure that there is a public benefit derived from this public reserve.”  

Council has not made adequate demands on Parliament or the Trustees on behalf of its citizens.  Tonight we have an opportunity to correct that anomaly.  If you vote with your heart and your mind you must vote for this motion

Rumours proved correct regarding tonight’s council meeting and the issue of the centre of the Caulfield Racetrack. We will concentrate on this for now and follow up with the other items tomorrow.

Under ‘Urgent Business’ Cr. Penhalluriack requested that ‘council consider its position on the Centre of the Racecourse under ‘Urgent Business’. Lipshutz voted against accepting the motion. Tang declared a conflict of interest given that he is a Trustee of the MRC. Magee, who is also a Trustee remained in chamber and did not declare a conflict of interest.

Penhalluriack’s motion (seconded by Forge) stated that council ‘codify’ a vision that the centre of the racecourse be used as a park, racecourse and recreational facility and that this vision be clear and ‘unambigous’ as the position of council in its dealings with the State Government. There were four sub-parts to the motion:

  1. That the opaque fencing be replaced by palisade fencing as soon as possible
  2. That training be fenced off and public be given exclusive and unrestricted access via the tunnel from Glen Eira Road
  3. The MRC landscape the area and include passive areas, sporting use, toilets and passive areas
  4. That a firm timetable be set for the expeditious removal of horse training

Penhalluriack made an impassioned speech. In summary he stated that residents were aware of his position on the racecourse, but that they did not know where other councillors stood on the issue. Now was the time to make this absolutely clear. If councillors were to vote against the motion they would not only abandon their moral obligations to the community, but they would also not be fulfilling their fiduciary duties to the community. They have to ensure that public resources are used to the benefit of the entire community.  ‘This is the moment of truth’. Quoting Alan Jones, Penhalluriack went on to speak ‘of opportunities once missed’ and that tonight was once of these opportunities not to be missed. – ‘to give council some real direction in its policy’. ‘This is the time to make amends for 150 years’ …to open our parks’. ‘we must seize this opportunity with both hands’…’we have not done our best for the community’ …Listen to your conscience…..Glen Eira has only 1.4 hectares of open space for 1000 residents – that’s less than any local government in the whole of Victoria, 14 square metres per person…that’s about half the size of a small bedroom….the time of reckoning is here, right now. Will you settle for half a car park or a real public park?’ Penhalluriack then emphasised how important this decision was for every citizen of Glen Eira. Concluding remarks referred to the Select Committee and their criticisms of the MRC Trustees. Quoting past Minister Jennings, that this was a ‘public reserve’ and not a ‘private space’. (Applause from the gallery)

FORGE reiterated how concerned she was to ensure public use of this crown land. That this should meet the needs of all people who come from far and wide. That the motion will indicate to the new government and to residents ‘just how much Glen Eira Council values’ this land. ‘I have great pleasure in seconding this motion’. …’we need the community to help us push this through’….”it’s about time that we claimed what we own’.

Lipshutz moved an amendment – that the following points be included: carparking not be permitted in the centre of the racecourse; that an independent group look after the Caulfield Racecourse Reserve. Penhalluriack accepted the amendment. Lipshutz then  spoke about how ‘this council has had an ongoing vision for opening up of the racecourse…. My vision is that we have an independent body….not council, not the MRC’…and maybe it will consist of representatives of those groups but it ought to be ….a body that recognises the three purposes, not one purpose….It’s also important that we not be hampered by the vision; it’s a vision but not set in concrete….it has to be a ‘win-win’ for all parties….we should be aiming for that vision but realistically …..we get something rather than nothing…..(the resolution) should not be set in concrete….

Pilling endorsed what councillors said and stated that it was right that ‘council endorse a strong vision’ so that the state government ‘knows clearly in what direction this council is heading’

Magee explained that ‘some months back I decided that I have no conflict of interest’…in the roles I have tonight I certainly feel comfortable…..this (the motion) is an absolute minimum….this shouldn’t be something we have to put our cap in our hands and say ‘please can we use this land’…this land was here long before the MRC was even thought of…..

Hyams explained why Tang ‘might feel a conflict of interest’. Hyams brought up the issue of Lipshutz’s amendment on no parking in the centre and that this might have ‘unintended consequences’ since people couldn’t drive into the park. Penhalluriack accepted this.

Hyams then moved another amendment that ‘The Ceo and Mayor be authorised to liaise with the state government in order to achieve council’s vision’. Penhalluriack did not accept this amendment stating that he thought it was redundant and that the Mayor and CEO are already authorised. Lipshutz seconded Hyam’s amendment. Hyams then stated that there may be some confusion as to who is authorised to speak for council, listing all the current committees. Lipshutz then stated ‘it’s all very nice to have visions…I want to see this vision go somewhere….the Mayor who speaks for council and the CEO who runs daily operations of council….they be permitted to liaise and reflect our vision so that ….the Minister actually understands what this council wants….otherwise this motion sits on the table…gathering dust

Pilling stated that he ‘didn’t think (the amendment) was necessary’.

The amendment was put AND LOST. Only Lipshutz and Hyams voted in favour. Applause from gallery.

Penhalluriack summed up ‘we have something now real to get our teeth into…

Motion carried UNANIMOUSLY 

Comments:

  • This is the first time in living memory that Lipshutz, Hyams and Newton (the latter by implication due to the nature of the amendment) were rolled.
  • Whilst this motion may not change the world, it certainly imposes limitations on what may be ‘negotiated’ without full council approval
  • One small step tonight – but still a long, long, way to go!
  • Congratulations to Penhalluriack, Forge, Magee, Pilling

There are several important planning applications up for decision next Tuesday night. The Officers’ recommendations are as follows:

  • 441-461 Glen Huntly Rd. – This involves 3 buildings; 7 storeys, and 137 units. Approve amended application
  • 141-141A Kooyong Rd. – Residential Aged Care – 115 beds. Approve application
  • 12 Larman St. – 3 double storey dwellings – Approve application
  • 11 Rosanna St. – increase of time for lighting of tennis courts; increase of licensed area. Approve application

Readers should once again note that NOTIFICATIONS follow the usual pattern – ie. the greater the likely objection, the less notification is posted out to neighbours and surrounds. For example:

Tennis Club extension of time and area 53 properties & 80 notices (1 objection)
3 double storey buildings 6 properties & 8 notices (15 objections)
Residential Aged Care 25 properties & 28 notices (5 objections & petition of 5 signatures)
Supermarket – Glenhuntly Rd 71 objections at first council decision

 

OTHER ITEMS OF NOTE:

  • Mr. Varvodic continues to be a topic of conversation in assembly of councillor records
  • The Pools Steering Committee minutes are as taciturn as ever. 10 words are all that’s there!
  • The Assembly of councillors continue to discuss the Elsternwick Childcare Centre
  • The recent flooding has prompted some action it seems – ie plea to Melbourne Water. Needless to say, no report on how many of the affected properties come under the maintenance of council, rather than Melbourne Water! And to top off the agenda, there is a ‘review’ of the Emergency Plan.
  • In camera items continue again on ‘personnel’ and contracts – CEO we wonder?
  • ‘reimbursement of legal fees’ – again and again!

 

Summing up it looks like all steam ahead for rampant development, inverse ratios for notifications, and continuing sagas with Frisbee groups, councillor expenses, and CEO contracts.

Today’s Moorabbin Leader features an article by Jenny Ling on the Regent St. development and the ‘demonstration’ that occurred in Council chambers at last Tuesday night’s meeting. No mention in the Caulfield Leader!

Big cheer as council says no to school

But accusations fly at heated protest 

VOCAL protesters were jubilant after Glen Eira councillors rejected ‘‘ludicrous’’ plans for a boys’ school in Elsternwick. Up to 100 residents marched into the council chambers last Tuesday holding placards and chanting in opposition to revised plans for a two-storey Jewish school for 275 students at 46 Regent St.

But some comments prompted threats of eviction from the public gallery, including one protester who accused Cr Jamie Hyams of ‘‘corruption’’ then added: ‘‘I know where you live’’. Councillors were also unimpressed with emails from some objectors, including one to Frank Penhalluriak saying: ‘‘I recall your idiotic decision 12 months ago . . . let’s hope this time you get off your self-righteous stance and vote for common sense.’’ 

All councillors voted against the plans, which drew 88 objections because of traffic, parking, noise, security and vandalism concerns. VCAT will have the final say at a March 21 hearing. 

Applicant Network Planning Consultants, working on behalf of Yesodei Hatorah College which wants to move from the Elwood Shul Talmud Torah synagogue in Dickens St, originally submitted plans for a three-storey building for 325 students. It was rejected in February. Save Regent St Action Group spokesman Michael Leone said 100 residents of Regent, Sandham, Sinclair and Elizabeth streets and St Georges and Glen Eira roads had raised more than $50,000 to fight the development. 

Yesodei Hatorah College did not respond to the Leader before deadline.

Item 9.4 – Regent St. Magee/Forge (Motion: refuse amended plans)

Magee never ‘opposes anything to try and be popular’…’we impose guidelines to keep streets such as this intact…I would like to commend the developer and the applicant …but at the end of the day it’s just in the wrong place’. ‘We as a council assess every planning application on its own merits….’.’If I bought a house opposite a school I would expect (traffic)…I do feel for the applicant. I do wish them the best of luck in finding an appropriate site, but unfortunately this is not an appropriate site…It’s up to us at Council to protect our city’.

Forge supported Magee but also mentioned ‘a dangerous situation where we’ve got people coming’ in and out of school. Remarked about a fatal accident of 20 years ago where a child was killed and’we can’t afford these changes’ where one child injured is one too many. To the developer – ‘you have to make your application safe’. Cited one objector’s comments that this is more suitable for aged care facility since it is a large area for development and wouldn’t have the same amount of traffic.

Lobo started off by stating that it’s a year since this application first came before Council and that ‘King Kong is now back on the Empire State Building’. ‘As councillors we need to embrace our residents…we have received …….over 100 objections’. Called the proposal ‘a monstrosity’.

Pilling claimed that the ‘opposition is over the top’ and that ‘there is always two sides to an argument. Opposition is ‘over indulgent’.

Hyams pointed out to gallery that council wasn’t making a decision on the application tonight, but merely on the potential amended plans. If council rejects, then officers will be opposing this at VCAT; if council accepts then officers will be supporting it at VCAT. ‘I would also like to commend the applicant for making this’ more acceptable…..can’t see how this application complies with our policy….Now I prefer not to oppose a development which is primarily community minded…like this one…but given our planning policy….I don’t think we have any choice except to oppose this.’

Penhalluriack began by stating that this ‘is a difficult one’; that he agreed with Hyams that this is not the right location. Penhalluriack then outlined the many discussions he’d had with objectors, cars driving in and out of the carpark, the ‘convoluted appeals to my decency, appeals for sympathy, demands’ for rejection..’the whole gamut’. ‘The most significant concern …is the bulk of the building, the noise and disruption factors. Loss of character of the street…..’The opposition to this proposal is overwhelming..but of course this has to be balanced against common sense and what the law requires…..You can’t speak tonight so I actually wrote down’ what objectors had written in emails’. Penhalluriack then cited from these emails: ‘overdevelopment of the land’, ‘idiotic decision’ ‘directly impacts the amenity of the area’…. One letter cited the ‘incompetence of council staff’. Penhalluriack stated: ‘Now that sort of comment …does not endear me to vote for this motion….’.

Lipshutz started off by repeating Penhalluriack’s comment that councillors ‘have an obligation to listen to their residents’…’We are the representatives of the residents and often …I’ve got to say that I don’t get intimidated….I actually thought it was disgusting hearing ‘No School in Regent St’, it’s intimidatory and I cannot be intimidated…I also received many, many emails…totally abusive, some of them racist…I can be appealed to by cogent and reasoned arguments….and when you speak to me in a proper way I can be moved …to send emails that are threatening, abusive and racist I think is absolutely appalling’. ‘That is not the way to go about it’ and I almost changed my vote! ‘But I won’t because ultimately I have to do what is right’

Esakoff summed up saying that she was proud that Glen Eira supported good education ‘whenever and however it comes’ and that a year ago she rejected the application and still believes that ‘it is not a good fit’. ‘I wasn’t going to say anything but Cr Lipshutz has opened the door and …my disappointment, the absolute disgust at some of the emails and comments that I received …there are some people….who ought to be ashamed …at some of the things that were written’.

Magee is ‘trying to be incredibly fair with the applicant as well as the residents’… ‘Cr. Lobo I think was offensive …has certainly not come to Regent St. like King Kong. I think that is wrong…I certainly don’t appreciate what was said  and I offer my apologies to the applicant…If we don’t listen we can’t learn, and if we can’t learn we can’t improve’. (Carried unanimously)

Item 9.9; DELEGATIONS – Hyams/Pilling (Motion to accept)

Hyams – delegations is ‘just housekeeping’ due to changes in legislation. He was ‘comfortable’ with recommendations.

Penhalluriack then stated: ‘Just a comment …these delegations concern me …they grant a lot of power to the officers’ especially in regards to the DPC (delegated planning committee)…’there seems to be a lot of vagueness about’ this committee…sometimes …’it seems to be quite large decisions’ that this committee makes. Akehurst responded: ‘can’t supply a scientific answer…..delegations have basically been in place since 1995…involves trust between delegates and councillor group….we give to council those matters that we believe council needs to make a decision on…some councils have a more definite view..objections…we don’t do that….our power of delegation is superior …rather than some numerical act…if council wants to see more applications I can give them …1100 applications per year…..ask for more staff’. Penhalluriack responded by saying that his question was not about trusting officers

Lipshutz contended ‘that some councils spend up to 1am in the morning’ looking at planning issues, and ‘we won’t do that, nor should we’!!!!!!!!!!..’these delegations have been in for some years, they work well…overall I think this is appropriate’.

Hyams – ‘there are various acts in parliament which require council to carry out various functions ‘. Hyams then gave the example of even where there are no objections, certain applications such as a water tank on council land still goes to a full council. (unanimous decision).

Public Questions

Mr Varvodic submitted 27 public questions – all of which were taken on notice and not read out. Lipshutz read out a prepared statement regarding his ‘right of reply’ at the December 14th Council meeting and his statement ‘when did you last beat your wife’. Lipshutz stated in part: ‘I want to clarify the response that I had made to Mr. Varvodic…that was meant to be rhetorical….I unreservedly apologise for any misunderstanding….my comment was strictly rhetorical….”

The community was out in force at tonight’s council meeting. About 60 people stood outside the town hall entrance in Glen Eira Rd. holding placards and chanting ‘No school in Regent St.’ They then continued the chanting up the stairs into the chambers, where the chant continued unabated until all councillors were seated. Plenty of other residents opposing the Murrumbeena Rd and the Malane St. developments were also present. Well over 100 (angry) people crammed into the meeting – including Helen Whiteside who sat in the front row of the gallery.

Item 9.1 – Murrumbeena Rd. Application – Pilling/Lipshutz

Pilling basically went through the officer’s report. Lipshutz stated ‘that there is nothing wrong with developers making profit’…but this development was ‘big and ugly’. Residents should note that this area is ‘ripe for development…and will be developed’ – it’s just that this proposal is ‘too large, too ugly’. Magee supported motion to reject saying that this ‘ambit claim’ is ‘too outrageous’…’how could you possibly live next to it?’. Interestingly Magee kept mentioning that ‘THIS COUNCIL’ didn’t just ‘tinker’ but came ‘out with a direct refusal’. Seems that Magee is confusing Officers’ recommendations with Council’s decision making!!!!! (Carried unanimously)

Item 9.2 – Hill St. – Hyams/Lobo.

Hyams stated that this application ‘is not acceptable in any way really’ Lobo talked about ‘bulk and mass’ and that it was ‘uncharacteristic’ of the street. Lipshutz  – ‘this council is not against development….put your plans in and make them appropriate and they’ll go through’ Magee – ‘it would be absolutely horrible to live anywhere near the thing’. (Unaminous decision)

Item 9.3 – Malane St. – Hyams/Forge – Instead of 8 double storey units, 6 double storey units.

Hyams began that in contrast to the Hill St. Application, this one is ‘generally acceptable’. At this point the gallery called out ‘bullshit’ and ‘that’s corruption’. Hyams responded with ‘I will not put up with allegations of corruption…” Esakoff stated: ‘I won’t put up with those sorts of threats coming from the gallery.One more chance’ or you will be removed from the gallery. Hyams continued with the party line  – ie ‘VCAT will be a lot more lenient’ Councillors were there to ‘apply the planning law, that’s what we’re required to do’ and judge each ‘application on its merits’. He reiterated that ‘our job here is to apply planning law’. Forge spoke about the increase in population in Glen Eira and the impact of developments. She also spoke about traffic conditions, lack of open space and that ‘we have to look to the future’. Conclusion? She agreed with Hyams! Magee spoke against, claiming ‘it isn’t good enough’. Malane St is ‘surrounded by families’ and that these sorts of developments should be kept to Centre Rd, Glenhuntly Rd, ‘major roads’. Magee recounted how at the recent planning scheme review one old gentleman when asked how he envisages Bentleigh in ten years time, answered ‘as Bentleigh’. Pilling supported Hyams stating that ‘we have a reasonable planning scheme in place’ and that there needs to be a ‘good balance’. Lobo against motion stating that Malane St was to have about 50 apartments coming up soon and that it would become ‘Calcutta and Bombay’. With traffic, it was going ‘to be mayhem’. Lipshutz reminisced about his childhood in Balwyn and how that has been developed. He stated: ‘I deplore what’s happening in Bentleigh’, BUT ‘we stand here as a tribunal having to implement planning law’ ‘You can go to VCAT and you’ll get 8 storeys…let’s do the populace thing and everyone will think we’re fantastic councillors and then it goes to VCAT ….I don’t like it, but do I have a choice? The answer is ‘no’. ‘We are all doing our jobs’, ‘we have to do what is right’!!!! There were persistent interjections from the gallery all through Lipshutz’s ‘lecture’. Hyams summed up that their job was to be as a ‘neutral tribunal’ looking at planning law to get the ‘best result’. ‘ I could have made a rousing speech about preserving the neighbourhood’, but I thought it was more important to get the ‘best result’. If we knocked it back the developer would be off to VCAT, and VCAT ‘would have given you 8 units’. ‘Do you want us to do our job which is applying planning law or do you want us to be populace….I want you to think about that’. (Motion carried)

Thus the mantra that VCAT is to blame, continues on and on! Councillors, have you ever considered the possibility of looking in your own back yard and finding loopholes in your own planning law – that is the MSS?

We’ll report on the rest of the meeting in our next post.

Tuesday night’s agenda contains several interesting items. We have reports from the Pools Steering Committee and the Sport and Recreation Advisory Committee. In typical Glen Eira fashion both of these so called ‘minutes’ have assumed the mantle of ‘Records of Assembly’ – meaning that one line sentences are legally the official ‘minutes’ of these meetings. For example, all we get from the Pool Steering Committee is:

“Matters considered 

(i) Previous Minutes

Security over Shutdown Period 

(ii) GESAC Project Update Report”

 The recreation committee is a little more forthcoming with information but it still remains on the very, very scant side – ie.

“Public Questions – ground allocations

Discussion regarding public questions in relation to ground allocations and authorised and unauthorised usage. Discussions covered;

• enforcement of the Local Law,

• fencing/taping off the ovals to keep unauthorised groups off and protect the grounds,

• perceptions of conflict of interest,

• usefulness of the Local Law,

• Local Laws in other municipalities,

• distribution of the Frisbee Report,

• guidance provided to Officers in relation to the Frisbee report,

• outcomes of the Municipal Investigation in relation to matters concerning the Frisbee group, and

• whether the Local Laws needed to be changed.

Action: Officers continue to monitor the situation and the matter be considered at a future date”.

 Then of course, there are the planning applications. As per usual, those which are likely to be the most contentious have the least number of notifications, yet the highest number of objections. Council obviously works on the principle of inverse relationships! Here is a table which we’ve drawn up from the various items to illustrate our point.

121-123 Murrumbeena Rd 3 storey (32 units) 18 properties notified (28 notices) 51 objections
51 Hill St Double storey (8 units) 12 properties notified (22 notices) 20 objections
16 Malane St Double storey (8 units) 9 properties notified (13 notices) 60 objections

 There’s also a VCAT appeal where officers recommend acceptance of amended plans. The number of notifications is not listed, but there are 88 objections.

Finally a couple of interesting items from the in camera section – (1) again legal advice pertaining to the payment of ‘legal fees’, we presume, for councillors fronting the municipal inspector with their lawyers, and (2) under ‘personnel’ an item about contracts. Given that the only contract that council has control over is the CEO’s, then speculation should be rife about what’s going on here!

 

  •  Minutes of last meeting were accepted unanimously. Readers should recall that Penhalluriack had indicated his dissent from Esakoff’s ruling and requested that this be included in the minutes. The subsequent minutes failed to record any of this. Last night’s meeting in effect wiped history – without a murmur from anyone! There is now no official record of what actually happened. Any future investigation (since we presume audio tapes will be wiped as soon as possible) will only have these so called ‘official’ minutes to go on. So, what happened behind those closed doors? What pseudo-legal argument(s) did Newton, Burke and co. propose to stifle discussion and debate on this most important point? Why did Penhalluriack not mutter a word? What about Lobo? Magee? Pilling? Why this continual complicity of silence? At the very least, the community deserves some explanation as to why a councillor’s request has been ignored. 
  • Lobo commented that Co-ordinator of Godfrey house has resigned and that they’re ‘in trouble’; ‘council may need to look at this vertically’!???? 
  • Assembly of Councillors reports: Esakoff/Pilling to accept – not a word said by anyone. These ‘records’ were not included in the online version of the agenda! Error? Deliberate? Competence?
  1. Item 9.1 Station St. Development: (Hyams/Penhalluriack) –  resolution passed unanimously  – ‘up to 48 dwellings’. Hyams praised the application as an ‘interesting development’ and for being ‘innovative’ as well as ‘fitting in with planning guidelines’. The fact that it’s a 5 storey building ‘may be a bit high’(!) but because it’s part of Phoenix Precinct and c60 it fits in. 
  2. Item 9.3 Morgan St application: (Pilling/Esakoff) – Pilling had ‘some concerns’ conceding that ‘it is true that there are no side by side in the street’ but that there were other applications in waiting for this! Ultimately ‘it’s a reasonable application and I support it’. Esakoff also conceded that ‘side by side’ is ‘not popular in glen Eira’ but the alternative of one behind the other ‘causes the same angst’. Further with all the conditions imposed that this will ‘ameliorate the angst of the neighbours’. Penhalluriack stated he was in two minds over this since it does represent ‘huge bulk for the street’ and is ‘out of character’. Tang endorsed Pilling and stated that since there were already two storey developments in the street it would be hard to oppose this application. Vote – 8 to 1 Penhalluriack voted against motion. 
  3. Item 9.9 Packer Park (Esakoff/Forge): petanque gone; lemon trees gone; reorientate bowls area to a north/south aspect; ‘as a matter of urgency pursue’ links between state and federal government arrangements for kinda (ie -no kindas), and developments to be implemented (barbecues) when funding is available. Esakoff went into the 20 months history of this site; consultation ‘methodology’ was also elaborated upon; ‘from all of these methods 78 comments were received’ with (of course) the vast majority supporting the concept plan. “it should be noted that….80% were in support…20% suggested changes’. The gallery were then treated to an expose of the limited amount of open space available and the prediction by the VEAC paper that as density increases open space will decrease. Admitted that kindergartens were suggested but ‘considered unfeasible for a number of reasons, including town planning restraints’, ‘high cost of development’, and ‘compatability with adjoining areas’. Reported that council carried out a ‘quite extensive’ investigation in response to government Universal Access Policy (which as far as we know has never been made public!) and which looked for suitable kindergarten locations in Glen Eira. The report apparently proposed 7 appropriate locations and Packer Park was not one of them. Esakoff then went on to state that Packer park is actually in the McKinnon zone for kindergartens and that there is greater need in Murrumbeena. Carnegie is the ‘ideal site’! Esakoff did however note that if the kindergarten HAD BEEN AN OPTION THEN THE RESPONSES WOULD HAVE BEEN QUITE DIFFERENT!  ‘Kindergartens are important, they are emotive and they require long term solutions. But, it must be the right solutions and…not anything will do’. ‘at the end of the day …will be a valuable addition to Packer Park, for all residents, young and old… and should provide many, many hours of enjoyment..’

Forge: ‘I am happy to support everything that she (Esakoff) has put forward’

Magee: ‘$370,000 is a lot of money….at last count I think we still had 60 odd children’ for next year that didn’t have a place…$370,000 of ratepayers money to pull out a bowling green to put in a bowling green’. Magee basically stated that he would not be happy to do this until Glen Eira reached a situation where it had fixed up all its other needs. Carried 8 to 1 Magee voted against. 

  • Item 9.10 Booran reservoir (Penhalluriack/Forge)

Penhalluriack: ‘officers can go further….it’s very important that we analyse in more detail the cost…’. Penhalluriack basically argued for more research to be done before a decision could be made. Forge also stated that ‘we need to get to the nitty gritty’ before deciding. Lipshutz claimed that Penhalluraick’s motion was ‘non-specific’ and that it should contain more detail. Penhalluriack went on to state – ‘the officers had a motion to work to…(their report) I believe is rather superficial . Penhalluriack wanted to know – strength of walls; whether surface is clay, what weight can they hold? ‘I want to know…whether we can reclaim this reservoir tomorrow….’

Pilling was ‘happy with the report’ and asked ‘why take a step backwards’? In summing up Penahlluriack said ‘we need to know. There’s nothing worse than flying blind. We need to know..we need to know all the facts before we start…..’Penhalluriack’s motion was lost. FOR – Magee, Forge, Penhalluriack 

Item 9.8 Boyd park water (Pilling).

Penhalluriack spoke against the motion stating residents believe ‘they (council) are hopeless, but I’ve been defending council. But this one is the most ridiculous waste of money I’ve ever come across…This is $1.1 million dollars. Yes the government is giving half. So what? It is still money that can be spent’ elsewhere than this ‘extravagant, extroadinary waste of money’. He estimated that the final cost of the water would be 15.17 cents per litre. ‘Why should we be spending 16 cents per litre on this water….? “This is a nonsense….this is one of the worst money wasting schemes I’ve ever come across..’ No-one in their right mind would want to install this tank underground and pay 16 cents per litre. Magee agreed with Penhalluriack – it was still spending $500,000 council dollars. That’s money ‘that we could spend in our municipality servicing our ratepayers…’

Tang then stated that Penhalluriack ‘has gone further than he needed to’; that he didn’t have to talk about ‘the quality of the proposal’ and include ‘gratuitous references’ about it!!! ‘I think it is a good proposal’.

Lobo also saw it as a ‘big waste of money’ and wanted a ‘cost benefit analysis before we consider it further’. Forge also called for a more ‘accurate cost benefit analysis’ and the need to defer decision until more analysis was completed.

MOTION WAS CARRIED. PENHALLURIACK CALLED FOR A DIVISION 

This post is now long enough. We’ll conclude the report on public questions, delegations, etc. in the next few days.

Just a very brief rundown on tonight’s marathon council meeting. A more comprehensive version will follow tomorrow.

  1. Packer Park will have a bowling and bocce green to replace the old bowling green. Petanque is out! Kindergartens are out! Green open space is out – although a couple of barbecues (that council can charge for bookings) will be put in. Great consultation over this – offer option 1 (sell the bowling green); when this is defeated, use answers to this as basis for another concept (bocce, bowls,pentanqe) and again when people give you their views, just state that kindergartens are inappropriate there. The question that has NEVER been asked of residents is ‘WHAT DO YOU WANT’?
  2. Lobo gagged AGAIN. Seems like Oscar Lobo attempted to reveal something about an email written to him by Lipshutz in response to the former’s email to Esakoff. Hyams piped up that private emails are private and since councillors have right of reply only when the PUBLIC may draw some inference from comments/press/statements, Lobo couldn’t raise the issue. We strongly suspect that it has something to do with his earlier call of ‘racism’ that he has attempted on several occasions to put before council.
  3. Lipshutz was at his absolute arrogant best in a 5 minute tirade against Nick Varvodic and his public questions relating to Lipshutz and the Frisbee Group. All the old cliches and shibboleths were trotted out on cue – Mr. Varvodic should read Dale Carnegie’s How to Win Friends and Influence People; that Varvodic was guilty of narcism; that he was ignorant; that he was defamatory (ironic?) and that his questions were like asking someone if they had killed their wife!!!!! Gosh Cr. Lipshutz, we think that it’s about time you got some new lines. These are becoming a real drag – especially when you’ve used them time and time again (see council minutes relating to previous tirade against Mary Walsh).  Repetition is boring and displays a total lack of imagination!
  4. Penhalluriack, to his credit, objected to the tone of the answers.
  5. Arguably the most interesting decision of the night, was the unanimous passing of the Station St. planning application. Officers relied almost exclusively on the assumed acceptance of the c60 amendment in their argument. There’s no c60 as yet, but the application was passed!

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