GE Council Meeting(s)


The pattern continues – the more likely there will be objections to development applications the less notification residents receive. Readers should note that Nicholson St., is exceedingly narrow and contains well over 100 properties along the entire stretch of road and surrounds. Hence 13 properties is barely 10%! 

Site Proposal Notifications Objections Officer’s Recommend’s
95 Nicholson St. 3 storey; 25 dwellings 13 properties; 28 notices sent 87 Yes – 22 dwellings
650 Centre Rd 3 storey; 16 dwellings 18 properties; 42 notices 27 No
Tennis courts – Bignell Road Flood lights 35 properties; 43 notices 1 Yes

 

 

Audit Committee Minutes: 

“The Chairman noted the report on the mulch bin at Glen Huntly Park and concluded that no action was required by the Audit Committee. If Councillors had any issues, they could raise them with the Council.”  

“Councillor Lipshutz stated that Councillors and the Mayor should have a bigger role to fulfil in an emergency situation, particularly in relation to media releases and public communications”.

Racecourse Advisory Committee Minutes

“At the invitation of the Chair, the Mayor reported on a meeting by the Mayor and CEO with the Minister for Planning, the Minister for Racing and the Member for Caulfield held on 1 March.

The Committee discussed the issues.” (Very informative!)

Readers should note the apologies!!!! – Tang and Lipshutz!!! 

Record of Assembly

“Cr Pilling – Council free Mulch facility to be closed immediately”.

The audit committee doesn’t see a problem with the mulch heap, but obviously other councillors apart from Penhalluriack do! 

Marlborough Reserve Consultation 

In typical Glen Eira fashion, the ‘results’ of this two month ‘consultation’ process are fudged, distorted and do not accurately portray the comments made by residents. We’re told that:

“Of the submissions received:

  • 7 comments generally supported the plans;
  • 4 submissions suggested either replacing or incorporating a multi purpose sports area;
  • 3 people suggested the dog enclosure needed to be modified to meet their individual needs;
  • 2 people raised concerns about additional users to the park;
  • 2 comments suggested additional facilities such as walking tracks;
  • 1 submission would like to see the open space retained; and
  • 1 submission suggested another use (community garden)”. 

This summary is not only very selective, but misleading. There are at least 3 comments which support the idea of a native/community garden. There are also comments made about the location of the proposed dog agility park – these are not recorded! What we do get is the same old pattern of dismissal without evidence and without a clearly explained rationale. For example: “A community garden was suggested as part of the online feedback; however there is not an identified need for a community garden in this area and this has not been considered further.” Exactly what does ‘identified need’ mean – especially when no analysis has been undertaken to even determine whether this is ‘needed’. Spin, and more spin, that simply discards out of hand suggestions which do not fit into the pre-determined plan! 

NEWTON’S RESPONSE

A response to Penhalluriack Questions were taken on notice. We’ll report on this in the coming days. 

COMMUNITY ENGAGEMENT STRATEGY

The preamble to this ‘engagement’ policy states: “The strategy provides clear guidance about how Council will engage with the Glen Eira community and outlines its approach to community engagement including methodologies, tools and techniques”. Yet when we get to the actual detail of how and when this policy will operate we simply find the following nebulous, and vague assertions. Residents will be ‘engaged’ only when an issue – 

significantly affects the community”

considerably affects the way services are provided”.

likely to generate community concern”

Where Council needs more information on which to make an informed decision which will have a major impact.”

What is the definition and the difference between ‘significant’, ‘considerable’, and ‘likely’? Who makes these decisions? On what bases are they made? What multiple methods will subsequently be employed? What is the criteria for when multiple methods be employed? 

In short, we believe that the ‘engagement’ policy is nothing more than an extended version of the current 6 step consultation policy. The only difference is the abundance of motherhood statements, the soft and fluffy feel, and generalities upon generalities. Detail as always is absent. Perhaps the best summation is the following: 

“Community engagement processes will be regularly reviewed and evaluated to ensure that they adequately capture community views, that methods are accessible, timely and easy to use for community members and any appropriate improvements be made to Council processes.” No mention as to HOW this evaluation will be conducted and by WHOM! Nor is there any definition of ‘regularly’ and ‘adequately’. Words and words and words that signify nothing – apologies to Bill Shakespeare!

The final sleight of hand occurs in the table that claims “This information has been taken from the International Association for Public Participation.” Do not be deceived! The Glen Eira version of the Association’s Toolkit is like comparing chalk and cheese. We’ve uploaded the original so that readers may compare what’s been left out; how language has been ‘massaged’ and the limited interpretation that Glen Eira sets on objectives, methodology and rationale.

Forgive this long post, but we believe it’s important!

Penhalluriack moved his motion under ‘Urgent Business’. It was seconded by Forge. Again a rousing speech which began by going over the history of the original grant and its 3 purposes – a racecourse, a recreation area, and a public park. ‘We don’t have a public recreation ground; nor do we have a public park’. It is important that we negotiate to ‘share this land….It is a huge land and many people here tonight have never been inside this land’. Last meeting proposed that we be given access to ‘all the land inside the training tracks’ – most of the land anyway is taken up with racing and training tracks. ‘For 150 years we have been kept out of it’. ‘It’s about time that we stood up and fought for our rights…..the Melbourne Racing Club has used that land for their own purposes…..we have 20 or 21 race meetings a year. That’s all!….but they have training every morning and every afternoon and that means that we can’t go on it….they are using land that is close to 2,000 million dollars…..2,000 million dollars for 20 bloody race meetings a year! Get real! It is our land……It’s time that we negotiate with the Melbourne Racing Club to take back this land…..The only fair and equitable way to do this is to invite the Melbourne Racing Club …to come to a meeting of all nine councillors and discuss it’.

Penhalluriack then stated that if he loses the motion and three councillors go off to negotiate that he ‘wouldn’t be happy when they come back and say this is the best we could get….because I won’t believe it is the best we can get and I’m sure Councillor Pilling will feel the same’. Lobo will also feel the same. ‘This is our land’. ‘we need to have access, unrestricted access to the land’….The trustees meet twice a year’, they haven’t done anything, councillors are 2 or 3 against 13 or 15.

Penhalluriack claimed that he comes from a business background and that it’s ‘common sense’ to him that ‘we should all be partaking of this exercise’….we need to get value for our money.

Forge then spoke stating that most of the community had ‘no idea’ that there were three purposes to the racecourse. School and sporting communities ‘are crying for space’ and ‘we’re looking at a sand belt in the middle and nothing for the public…..at the moment the horses are being treated much better than the public….not one of the 15 recommendations (from the public lands inquiry panel) has gone through…..what’s Glen Eira Council doing for us? We have put no ideas on paper….I think we have to be far more explicit….Cr. Penhalluriack and I have had more experience about this industry than anyone else (on council)….we have to look more closely at the makeup of people’ who will be representing us to the MRC.

Pilling then got up and commended the ‘passion’ of both Penhalluriack and Forge and the work they’d put in ‘but this motion is about the best way to negotiate with the MRC.’ Penhalluraick’s motion isn’t the best way to negotiate. ‘I won’t support the motion’.

Tang then asked whether it would be a meeting open to the public. Penhalluraick responded that no it wouldn’t be – just councillors.

Lipshutz continued the ‘theme’ by congratulating Forge and Penhalluraick for the work they’ve done and that ‘no one can suggest that they’re not passionate about this HOWEVER, this is not about passion. He objected to penhalluriacks remarks about the past. He was a member of council in 2005 and ‘took a very strong stance’ about opening up the park. The fact that they didn’t achieve this ‘was not because of lack of trying….because we had a government that wasn’t prepared to assist us…..this is about how to best achieve the result we want…..Penhalluriack said that he wouldn’t trust that (if 3 councillors came back with a proposal)….at all times this council delegates…..and when I vote for someone I trust them; I trust every member of this council. I believe every member of this council is reliable, is trustworthy….when I vote for someone to go off and represent council I trust them, so I reject what Cr. Penhalluriack says’. Claimed that how many racemeetings were irrelevant and that the real issue is ‘how best to negotiate’. No negotiation should ‘bring people in, have 9 people’ trying to negotiate. It ends up as a ‘free for all’. The example was a councillor saying that he wants fences removed and another councillor saying I don’t want that – I want something else. ‘so where do you go?’ You negotiate by good will, not by bringing in 9 councillors and having a free for all. Compared decision making to what happens at council – that is committees are set up to discuss issues. ‘I want as much as anyone here the racecourse to be opened up…..this (Penhalluriack’s motion) is a recipe for absolute disaster’. It basically says that this council ‘has no idea how to negotiate…we’re a professional council and we should do this properly….’

MAGEE said that the MRC will undoubtedly have their legal advisors, as council could, but that the meeting ‘should be held on council’s grounds….we can only put forward what we as councillors think is appropriate….anything that puts all the cards on the table and lets everyone know where we stand is a good meeting….

HYAMS then threw in his ‘dorothy dixer’ asking Tang to explain why, when every other time the racecourse had come up for discussion he had declared a conflict of interest, yet tonight he did not

TANG stated that his position as trustee put him in a difficult situation. He would ‘dearly love’ to be able to discuss these issues but ‘unfortunately they are a risk to council…..as a trustee I have responsibility to the Trust’. He is a ‘councillor nominee’ which enables him to ‘passionately advocate for the community’s interests’ by putting people’s ideas to the trustee meetings. He has ‘conflicting duties’ when ‘matters of policy affect matters of the Trust’ and since this discussion is not about changing policy he can comment(!!!!!!!) so since no questions affecting the trust are being considered now, there is no conflict of interest.

HYAMS then asked what happens if the MRC says ‘no’

Penhalluriack replied that ‘we are under pressure from this government and so are the MRC. I don’t believe they would stand up’ and say no.

HYAMS then asked about the composition and Penhalluraick responded ‘I don’t expect all councillors to show up….I would like to see all nine councillors come along and share the passion that Cr. Forge and I….we are democratically elected to represent our constituents…..if councillors want to turn up, if the MRC all want to turn up we can go and hire the pavilion….’

HYAMS then asked what would happen if the MRC wanted to go away and deliberate and how this would impact on council’s meeting schedule. He stated he ‘doesn’t disagree’ with the motion but the most important thing is that we act ‘reasonably’….in negotiation each side sends its representatives….they discuss…..they then go back to report to their constituent bodies…..and they see where they go from there…..I’m concerned (that we might be seen to be) ‘acting unreasonably’…the only question is how best to go about it…..we need to be reasonable’. Hyams also admires the passion and commitment of Forge and Penhalluriack, BUT ‘sometimes someone can get so close….you don’t know when to step back…..so close to something that you don’t trust anyone else to do it…..and when we reach a situation where that might be the best for everyone we don’t see that that might be the best for everyone…..it’s time to step back’. He doesn’t doubt Forge’s and Penhalluriack’s intentions, just the method of achieving what ‘we all want to achieve’.

TANG: ‘I resent what Cr. Penhalluriack has said…..(it is) self serving….Noone can doubt that they’ve been active in this issue…..I’ve dealt with Penhalluriack and Froge when they weren’t councillors….Council made very strong representation (and the Select Committee)….’we were all very interested…..it is annoying and frustrating when it becomes about personalities; who should negotiate….we’re now debating personality rather than policy….but I’m here to tell you that on policy everyone agrees…..’. Tang then claimed that it was the previous government’s fault and that the Liberals were no different now. ‘I agree we want the best possible negotiating team on behalf of the community….it is not about personality….we should be supporting each other in achieving that outcome….’

Penhalluriack summed up that the feeling is that we need to be ‘reasonable and my motion is not reasonable…..Last meeting we passed’ what everyone now seems to think was excellent points.’Prior to that meeting I had to negotiate, cajole, beg four councillors to vote with me….Those four councillors as it happens are all in their second term….and those four councillors….most vigorously oppose this….Well so be it. But I believe they will live to regret it. Those four councillors have achieved nothing by way of opening up (the racecourse)….absolutely nothing….This council has allowed the racecourse and the training areas to expand and expand….to the detriment of what we, the community wants…..and now we’re forced to negotiate with the MRC with one hand tied behind our back’. Lipshutz claimed that in 2005 they tried to open it up but the government wouldn’t assist – ‘well I’m sorry we’re also a local government….it’s up to us to negotiate to get this thing through. It’s our land…..’.

‘it’s not going to be a free for all….we are responsible citizens, councillors are all responsible citizens….this (council meeting) is the only area where council can make policy….this is supposed to be where these things are debated…..in public in an open and transparent manner….I think councillor Tang should perhaps consider resigning his position…and appointing someone else who doesn’t feel that moral obligation…of not being able to report to us….the whole purpose of having a councillor as trustee is that so we know in an open transparent manner what is happening…..’

Esakoff put the motion to the vote. IT WAS LOST.

PENHALLURIACK CALLED FOR A DIVISION.

PENHALLURIACK, FORGE, MAGEE, LOBO VOTED FOR

LIPSHUTZ, TANG, HYAMS, PILLING AND ESAKOFF AGAINST.

 

Lipshutz then moved a motion that Newton, Eskakoff represent council in negotiations with the MRC. Motion was passed. Only Forge and Penhalluriack voted against.

CORRECTION: The Lipshutz motion also included himself and Magee as the councillors to ‘negotiate’ with the MRC.

Agenda for Glen Eira Council Meeting, 15th March 2011. 

10.      Urgent Business 

Seek leave to raise an item of urgent business. 

Involves a request by the Minister for Planning to negotiate with the Melbourne Racing Club to ensure a public benefit from the Crown Land known as the Caulfield Racecourse Reserve.   There is no other motion from Council to permit these negotiations to proceed.  We are dealing with 56 hectares of land worth over $2 billion. 

Motion:  (Moved by Cr. Penhalluriack; seconded by Cr. Pilling.) 

That Council invites authorized representatives of the Melbourne Racing Club to a meeting with Councillors to discuss future arrangements, including timetables, for the sharing of the Caulfield Racecourse Reserve Crown Land.  The Mayor shall open the meeting, and introduce Councillors Forge and Magee who shall explain, using overheads, Council’s position.  The meeting shall then be open for all to contribute.  The meeting shall be sound-recorded and minutes shall be prepared.

Planning Applications

Looks like the ‘inverse ratio’ principle is still alive and well when it comes to planning applications. The more objections, the less notifications as a rule.

Property Notification Objections
Ames Ave, Carnegie (Housing Diversity) 8 properties notified (10 notices sent) 19 objections
815 Centre Rd., Bentleigh (Housing Diversity) 7 properties notified (9 notices sent) 22 objections
13-17 Cecil St., Bentleigh (Minimal Change – non residential use) 13 properties notified (17 notices sent) 6 objections
Amendment C75 – Virginia Park (Industrial & Business 3 Zone) “Letters to over 600 owners” 14 submissions received – no submission to Panel

 

Assemblies of Councillors

Councillors’ bladders are still a major cause of concern. The comings and goings from these meetings are incredible. Of particular note is the meeting of 22nd Feb., which began at 10.10pm and only had Paul Burke present. The subject of discussion was: ‘Public question responses from the February 1 meeting’. This is the meeting where all questions by Mr. Varvodic were taken on notice and follows a previous meeting where Penhalluriack expressed his disenchantment with the tone of responses.

Readers also need to take careful note of Tang’s continual declaration of ‘conflict of interest’ re the Racecourse. We can only conclude that he takes his ‘duty’ to the MRC, more seriously than his obligations to resident ratepayers!

We also direct readers’ attention to the topics listed in the record of assembly for the weekend away. Our bet is that child care fees are going to go through the roof again – without justification!

Advisory Committees

Same old, same old. Lipshutz again on: audit, local laws, pools, racecourse. Pity that Council does not appear to have read the Minister’s latest guidelines which strongly suggest that Audit Committee Members be rotated and changed regularly.  

Elsternwick Childcare

There appears to be some glacial like movement at the station in regard to childcare. A letter from Esakoff to Alfred Health advocating for a “purpose built child care centre on Crown Land in Elsternwick.”. Give us the land (currently Arthritis Vic) and we’ll build a centre. No detail as to when, what, who pays, or what will close if this ever eventuates. But at least ratepayers can be assured that Council continues to ‘advocate’! 

Incamera Items

Golly, gosh! Newton’s contract (or performance review) it seems, is still taking up meeting after meeting! They just can’t get it right. Do any other councils take months and months to perform such a task we ask? 

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….”

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