GE Governance

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June 15, 2016

Planning Scheme Review: #1

Posted by gleneira under Councillor Performance, GE Consultation/Communication, GE Governance, GE Open Space, GE Planning, GE Service Performance, GE Transport
[13] Comments

Tonight’s meeting drew a big crowd. Over 100 people in attendance. Missing in action were – Lipshutz, Esakoff, Ho, Delahunty. Ms McKenzie (CEO) was present as were Lobo, Hyams, Magee, Pilling and Sounness.

The evening started with the facilitator introducing the format and then Ms McKenzie providing the ‘context’. Acknowledgement was given as to the criticism levelled at council and the amount of work that was required. This was followed by Torres providing feedback on the results of the community consultation and then Russell Smith (acting manager Strategic Planning) providing a synopsis of the planning tools available which could address the issues raised by residents. Residents were then invited to ask questions of planners.

The Positives

Despite years and years of refusing to undertake various initiatives, tonight possibly, maybe, perhaps, signalled a change in direction. Here is a brief list of what council proposes to do according to their stated ‘draft work plan’.

Structure planning
Water Sensitive Urban Design
Vegetation Protection
Environmental Sustainable Design
Preferred Neighbourhood Character Statements
Heritage Review
Development Contributions Levy for drainage
SBO – overlays to mitigate flooding
Update the Municipal Strategic Statement and Local Policies

Without unduly blowing our own trumpet, we wish to point out that these initiatives are what we, and countless residents, have been demanding for years and years and which council has steadfastly refused to implement! Whether this represents a real change in culture, attitude, and listening to residents remains to be seen.

The Negatives

Council’s ‘draft work plan’ was stated as:

3 structure plans to be carried out over first 5 years with a view to continue developing structure plans or Urban Design Frameworks over all activity centres after this period of 10 years……

Residents were also asked to ‘prioritise’ the list provided at the start of this post. Torres explained in response to a question that the 3 structure plans does not automatically mean that this will be the 3 major activity centres of Bentleigh, Elsternwick and Carnegie. People were free to suggest that the initial structure plans should involve such neighbourhood centres as Glen Huntly for example.

We do not deny the amount of work involved in preparing sound and competent structure plans. Nor do we deny the costs involved. Our concerns are as follows:

If only 3 are to be completed within 5 years and the rest subject to council’s budgets/finances and a time span of ten or more years, then the reality is that of the 10 neighbourhood centres, most will remain untouched for the next decade.
No ‘official’ reference was made to reviewing the zones, or the associated schedules. What this means is that if structure plans are developed for the major activity centres, then the neighbourhood centres and their surrounding residential areas, will continue to allow three and four storey overdevelopments for the next decade. Only at question time from the audience was the completely lame response given that the neighbourhood character policy review would safeguard these centres. We beg to differ! If the mandatory height limit remains at 3 and 4 storeys for large swathes of McKinnon, Ormond, Glen Huntly, Murrumbeena, Bentleigh East, Caulfield North, then no local policy will prevent this overdevelopment of local residential streets. Without reviewing the extent of the zones, then structure plans alone will not safeguard residents from overdevelopment!

Our next post will focus on the questions asked by residents and the often unsatisfactory responses received. Overall, whilst this planning scheme review has seen changes that are positive, and explicitly acknowledged by the new CEO of council’s failure to address planning issues over the past decade, there is still room for major scepticism as the answers to the questions revealed. More on this in the days ahead.

June 9, 2016

Hyams: Time For His Dose Of ‘Medicine’!

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

Not for the first time has Hyams had the gall to get up in chamber and tell bare faced porkies. Not once has he been cautioned by the chair and not once has council decided to take any disciplinary action against him. Not only is telling lies a breach of the Councillor Code of Conduct, but it is a breach of the Local Government Act and yet Pilling and his cronies do nothing except attempt to gag any other councillor who may be ‘aggrieved’ by the falsehoods and inanities that emanate from Hyams’ mouth.

In May this year there was an important event taking place – a citizenship ceremony in front of 200 people at which Hyams called Lobo a ‘fuckwit’. Here is part of the Leader, May 27^th article (see: https://gleneira.wordpress.com/2016/05/27/what-a-surprise-3/)

Hyams has confirmed he called Cr Lobo a “f**kwit” at the ceremony. He refused to go into details about the incident, but said the insult was levelled at Cr Lobo after he was “severely provoked”. It is believed Cr Lobo and Cr Hyams were almost involved in a physical altercation at the citizenship ceremony when the argument spilt into the town hall foyer. Cr Hyams apologised to his colleagues for the outburst in a late-night email following the incident.

At Tuesday night’s council meeting, many public questions were about this incident. One which Hyams did answer was –

“Dear Cr Hyams, This question relates to when you insulted Cr Lobo by calling him a “f**kwit” at a public ceremony. a) If Cr Lobo insulted you in public by calling you a “f**kwit, what action would you take? b) Considering Cr Lobo’s censure for inappropriate comments, and with regards to transparency, fairness & equity, would you agree you have left your fellow Councillors with no alternative but to censure you for inappropriate comments?”

Cr Hyams responded to your question. He said:

“(a) It would depend on all the circumstances including whether members of the public heard the comment. In the case you mentioned they did not.

(b) No.”

The sheer front of this response is unbelievable!

In the first place, whether or not anyone heard the insult is irrelevant! The Councillor Code of Conduct demands ‘respect’ between colleagues, officers, and members of the public. Calling another councillor a ‘fuckwit’ whether in public or privately breaches this code.
Secondly, how does Hyams know that those sitting close to the stage, or even up on the stage did not hear his insult? We have it on good authority that the insult occurred in the middle of the Southwick speech and that it was so loud and so pronounced that Southwick had trouble continuing with his talk. He was embarrassed by the episode. We also know that audience members heard the language and were equally shocked.
If this was a quiet little altercation, then why the need to apologise to fellow councillors that very same night?

Telling lies is not new to Hyams. There has been the ‘whining bitch’ episode and his denial – only to have this true behaviour disclosed by a recording.

Nor has Pilling covered himself in glory either. His continual gagging of Delahunty is reprehensible and another good reason why the Meeting Procedures of the Local Law needs to be redrafted completely. In our view, neither of these individuals deserve to serve as councillors and their actions only drag the reputation of Glen Eira City Council further into the sewer! Nor can the other councillors escape equal criticism- they sit there like dummies and thus are equally culpable since silence may be interpreted as consent to this kind of behaviour.

June 8, 2016

Council’s ‘Parking Management’!!!!!

Posted by gleneira under Councillor Performance, GE Consultation/Communication, GE Governance, GE Planning, GE Service Performance, GE Transport
[14] Comments

CLICK TO ENLARGE

We remind readers of the following:

Changes to parking arrangements according to council ‘policy’ is to undertake a survey of all residents and requires a vast majority of responses in support. Was a survey undertaken?
What has happened to council ‘policy’ that new developments will not be eligible for residential parking permits?
What rationale could support the removal of 2 hour parking? Were residents informed, warned? Where is the data to support this?
Is council monitoring this street and fining drivers if they break the law?

June 5, 2016

Another VCAT Decision

Posted by gleneira under Councillor Performance, GE Governance, GE Planning, GE Service Performance
[7] Comments

VCAT has once more pronounced ‘judgement’ on council’s Planning Scheme and shown its inadequacies to prevent overdevelopment. One of the latest decisions comes from the same developer who gained a permit for the 8 storey proposal in Centre Road, Bentleigh. This time it is for a 3 storey, 21 apartment venture in Prince Edward Avenue, McKinnon. Below are some extracts from the decision. If Council is ‘fair dinkum’ about shoring up its defences against inappropriate development, then each and every VCAT decision must be considered and amendments drawn up to plug the countless loopholes that developers have so successfully exploited. Anything less is unacceptable.

In principle, I consider that the zone, the absence of overlays, the consideration of relevant planning policies and the locational attributes all lend support to a more intensive development on the review site. Although residents may prefer medium density developments of not more than two or three double storey townhouses, that intensity of development is inconsistent with the extent of built form expected within a neighbourhood centre and in a housing diversity area.

However I make the point that more intensive development does not necessarily mean that individual lots along Prince Edward Avenue will be capable of accommodating three storey apartment style buildings containing ten dwellings. It may be, for example, that individual lots are unable to comfortably accommodate such development and that lot consolidation will provide a means whereby such buildings can be comfortably accommodated in this area. It is certainly the case that policy at Clause 22.07-3 encourages lot consolidation to promote development opportunities.

In contrast with the residential areas which lie outside the Housing Diversity Areas (within the Minimal Change Areas), there is no neighbourhood character policy to articulate the expected outcomes here. Nor are there any built-form overlays, such as a Design and Development Overlay, to establish the parameters which would apply to new development. Beyond the policies which have been detailed above, the only guidance which can be gained from the Planning Scheme is essentially from the purpose of the GRZ1, the 10.5 metre height limit specified in the schedule to the GRZ1, and the provisions of Clause 55.

The extracts from Tribunal decisions provided earlier confirm that the new buildings within Housing Diversity Areas are not expected to respect the existing character. To do so would detract from the policy direction that these areas are to evolve over time into locations where there is a predominance of higher density housing. This view is supported by the fact that the Planning Scheme does not include a neighbourhood character policy for the Housing Diversity Areas. They are expected to change in quite a substantial way, and this involves a very obvious departure from the traditional dwelling forms and styles which presently characterise streets like Prince Edward Avenue.

Having regard to the maximum 10.5 metre building height provided for in the Schedule to the zone, submissions that development should not be greater than two-storeys cannot be substantiated, as this specified height allows for three-storey development. The inclusion of Prince Edward Avenue in GRZ1 is an indicator that, at a point in time, a conscious decision was made that three-storey development in this street would represent an acceptable outcome. The provisions of the GRZ1 as they currently stand reflect an expectation that, over time, three-storey buildings will be constructed not only in Prince Edward Avenue, but also in the nearby residential streets contained within this zone. Indeed, approvals for such buildings are in place for sites in Station Avenue and Penang Street, both of which are within the residential area of the Neighbourhood Centre.

Within the zoning and policy context where these forms of development are anticipated, it is inevitable that new buildings of this type will affect neighbouring properties. The resultant impact on the occupants of those properties will, undeniably, be significant. It will represent a significant change from what they have become accustomed to and will, of course, affect their amenity. This is particularly so for the properties at 27 & 33 Prince Edward Avenue and at 30 & 32 Station Avenue, all of which I have inspected. The residents’ opposition to the development is entirely understandable.

However, as explained in earlier Tribunal decisions, the Council has identified this neighbourhood as one which will undergo a much greater level of change than other residential locations which are situated in Minimal Change Areas and where the Neighbourhood Residential Zone (NRZ) applies. In those other areas, new development is restricted by the zone provisions to a maximum of two dwellings on a lot and the height is restricted to 8.0 metres (equivalent to two storeys). That is not the Council’s vision for this neighbourhood, as articulated in the Planning Scheme. If it were, then it would have sought to apply the NRZ here. It has not. Rather, a strategic decision has been made based on the location within a Neighbourhood Activity Centre to apply the GRZ1 and to allow higher and more intensive development. This is not without its consequences for the amenity of adjoining properties

I acknowledge the residents’ opposition to the proposed overlooking on the basis that views beyond 9.0 metres into their secluded private open space areas will be possible. While this may be true, the Objective is to limit views, not to prevent them altogether, and the Standard only requires views within 9.0 metres to be screened. The Planning Scheme’s provisions do not address views beyond this distance

The residents expressed concerns regarding the capacity of local services to absorb the demand generated by developments such as this. Although these concerns may be understandable, I have no evidence before me to lead me to conclude that the capacity of local infrastructure will be exceeded as a consequence of this development.

Source: http://www.austlii.edu.au/au/cases/vic/VCAT/2016/823.html

June 3, 2016

Agenda: What’s Not There

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

The agenda for Tuesday night’s council meeting is interesting not merely for what it contains, but more so, for what is not included. A few examples:

No mention in any of the records of assembly of council’s ‘discussion’ on the appointment of Ms Fiona O’Brien to investigate allegations of bullying. Pilling has been quoted as stating that council ‘engaged’ Ms O’Brien to undertake this work. Hence, we wonder when and where this decision was made. Even if ‘confidential’, our reading of the Local Government Act would still require a note that some item of a confidential matter was being discussed. No such notation exists.
On the 26^th April (that is two council meetings ago) there was a request for a report on the potential for an increased open space levy. The report has not yet materialised – meaning that if it does appear for the next council meeting, it will have taken 2 months for a document to be tabled. In our view, not good enough!
The records of assembly meeting of 24^th May include this item – (a) CFO – outcome of loan re-structuring negotiations. No item in the agenda to inform residents of what this will mean in terms of late payments, the new interest rate, or in fact any information whatsoever. We assume that ratepayers will be required to plough through the new Strategic Resource Plan (when it appears) and try and figure out what is really happening! Surely some media release or official statement would not go astray at this point in time?

May 31, 2016

Magee & The MRC

Posted by gleneira under Caulfield Racecourse/C60, Councillor Performance, GE Governance, GE Open Space, GE Planning, GE Service Performance
[24] Comments

Councillor camps out at Caulfield Racecourse to campaign on public space

Date: May 30, 2016

Clay Lucas

Councillor Jim Magee at his Caulfield Racecourse camp site. Photo: Jason South

Jim Magee is camping out. Conservative by nature, the Glen Eira councillor is not the type to conduct a sit-in, or break his own council’s by-laws banning camping on public land.

But he was worried his long-running campaign to draw attention to the little-used public space inside Caulfield Racecourse might end up going nowhere with the state’s new environment minister, Lily D’Ambrosio.

So last week he dug the family tent out of the garden shed. “Finally in my old age, I’ve become an activist,” says Cr Magee, sitting by a fire, outside the five-person tent he pitched on Saturday by the racecourse.

Jim Magee at his Caulfield Racecourse camp sit-in. Photo: Jason South

There are local laws against camping on public land, which Glen Eira is usually quick to enforce.

“But this is a political sit-in,” says Cr Magee, who has been told by council officers that unless there are complaints from residents, they are unlikely to issue him with a notice to vacate.

Cr Magee will stay put until Saturday afternoon, by which time he hopes to have met Ms D’Ambrosio to discuss the fate of the 54 hectares of land in the centre of Caulfield Racetrack.

The reserve, set aside for the public more than a century ago, is hard to get to, because of the racing infrastructure that must be navigated. It’s open from 9.30am each morning until sundown, and many locals don’t even know it’s there.

Cr Magee was concerned that, with Ms D’Ambrosio only recently taking over environmental matters, she might not pay enough attention to a review under way by the Andrews government.

There’s little chance of that now, with the land at the centre of a fight that has led to much debate – and a scathing Auditor-General’s report. It found the public land was being used almost exclusively to serve the interests of the Melbourne Racing Club.

Cr Magee has five more nights ahead of him before his hoped-for meeting with the minister, and a rally of sporting clubs who want ovals built on the land, which equates to 15 MCG playing surfaces.

“I’ve been here through two very cold nights so far – I’ve made friends with a couple of foxes,” says a slightly blurry Cr Magee, who says he is waking every 90 minutes or so. “I’m doing more sitting than sleeping – I’m actually right next to a very busy roundabout.”

The Andrews government is reviewing the status of how the land is governed and controlled, and Cr Magee – who was once a member of the trust that controls the land – says it must change.

He wants Ms D’Ambrosio to step in as minister and take control of the land and help Glen Eira council turn it into sporting fields and parklands for use at all times.

Ms Lily D’Ambrosio said she understood the high level of community interest in the public land at the racecourse and that the government had set up a bi-partisan working group to consider the issue.

“I’m expecting to receive this report next month and look forward to working with the community to reach a resolution,” she said.

May 27, 2016

What A Surprise!!!!!!!

Posted by gleneira under Councillor Performance, GE Governance, GE Service Performance
[50] Comments

Investigation launched into bullying accusations at Glen Eira Council

May 27, 2016 6:11pm

CHAD VAN ESTROP

A CULTURE of bullying and intimidation among Glen Eira councillors is under investigation by eminent barrister Frances O’Brien QC, an insider alleges.

Ms O’Brien, whose report led to the sacking of Geelong Council in April, has been appointed by mayor Neil Pilling, as rumblings between councillors increasingly spill into the public domain.

Her appointment as an independent arbiter follows a tumultuous four-year term at Glen Eira, which came to a head at a citizenship ceremony in March.

The sordid history of infighting among councillors saw the council sacked in 2005.

The Herald Sun understands all councillors have met with Ms O’Brien at the Glen Eira town hall as she seeks to unravel the increasingly “toxic” culture.

A number of councillors have confirmed they are to be interviewed by Ms O’Brien.

Some of the incidents which may come under investigation include:— Cr Jamie Hyams calling Cr Oscar Lobo a “f**kwit” at a ceremony attended by 200 people at the Glen Eira town hall.

— Cr Oscar Lobo’s allegedly anti-Semitic slur at a December council meeting.

— A 2010 email councillor Michael Lipshutz sent to Cr Lobo asking him if he had worked for a bank linked to terrorists.

Cr Hyams has confirmed he called Cr Lobo a “f**kwit” at the ceremony.

He refused to go into details about the incident, but said the insult was levelled at Cr Lobo after he was “severely provoked”.

It is believed Cr Lobo and Cr Hyams were almost involved in a physical altercation at the citizenship ceremony when the argument spilt into the town hall foyer.

Cr Hyams apologised to his colleagues for the outburst in a late-night email following the incident.

Councillors unanimously voted to censure Cr Lobo earlier this year for the allegedly anti-semitic slur.

“Ever since Cr Lobo made his disgustingly racist comments in the council meeting of December 15 he has treated myself and other councillors with complete contempt,” Cr Hyams said.

Cr Lobo has claimed to be the subject of bullying and racism for seven years.

“The council is trying to find out what these internal issues are and it has been given to an independent person to judge the gravity of the situation,” Cr Lobo said.

Cr Lobo denied he provoked Cr Hyams at the citizenship ceremony.

“He got up and said you’re a f**kwit and that’s when I lost my cool after that because he has done all these insults in the past and no one knows about it.”

“He wanted to provoke me to hit him because that’s an easy way to get rid of me.”

Cr Lobo called for Cr Hyams to resign in light of his behaviour.

The incident follows a failed bid by councillors to reprimand Cr Lobo in 2013 at a conduct panel, which cost ratepayers $27,000.

Ms O’Brien will prepare a report following her meetings with councillors, which may be referred to the ombudsman or Independent Broad-based Anti-corruption Commission.

Glen Eira mayor Neil Pilling confirmed Ms O’Brien had been “engaged” to provide advice on councillor conduct.

“As the confidential matter is currently in progress and subject to legal privilege, we are unable to make further comment at this time,” he said.

Ms O’Brien would not comment on the investigation when contacted by the Herald Sun.

chad.vanestrop@news.com.au

May 26, 2016

Another ‘Clayton’s Consultation’?

Posted by gleneira under Councillor Performance, GE Consultation/Communication, GE Governance, GE Open Space, GE Planning, GE Service Performance, GE Transport
[13] Comments

For the second consecutive time, Theme 1 (Municipal Strategic Statement & Local Policies) contained in the ‘Discussion Paper’ for the review of the planning scheme has been neatly side-stepped and no discussion permitted. We therefore wonder how Council can ‘know’ what residents suggest, or want, if they haven’t even bothered to ask. What comments council officers have made in previous forums on this theme has been far from satisfactory. Torres simply admitted that the Municipal Strategic Statement (MSS) is well and truly outdated and will need to be ‘revised’. That’s it!

Given that the MSS and its associated Local Policies are perhaps the most important components of any planning scheme, it is unforgiveable that residents have not been provided with (a) enough information on these sections, and (b) that ‘discussion’ has been literally ‘censored’. That of course leads to the very obvious questions of:

Is this another Clayton’s consultation where ‘changes’ have already been predetermined but residents are kept in the dark like mushrooms?
Who decided to discard discussion on Theme 1? Was Ms Turner given her orders to do so or was it her decision alone?

Below is a screen dump from the Discussion Paper. Please note how bereft of detail this really is, yet how this Theme contains all the vital policies and which, of course, ultimately lead onto the zones and their schedules. From our perspective, it appears that council has done everything it can to avoid any discussion on the most contentious issue in Glen Eira – ie a review of the zones and their respective schedules.

PS: also worthy of note – the only councillor to front last night was Lobo. No sign of Lipshutz at any of these ‘forums’ and Magee’s 5 minute appearance at the first one! Delahunty has also been a noticeable absentee.

May 25, 2016

Open Space

Posted by gleneira under Councillor Performance, GE Governance, GE Open Space, GE Planning, GE Service Performance
[7] Comments

The lack of public open space in Glen Eira has been known for decades. It was acknowledged in 1987, again in the open space strategy of the nineties and once more in 2013. Residents were lead to believe in the 1996 strategy that 50% of revenue raised would be used to purchase NEW open space. In 2013/14 ratepayers were promised even more (via council resolutions) – ie that all monies raised from the levy would be put towards the purchase of NEW open space and not used for ‘development’ of existing open space. Thus twice residents have been dudded and promises literally thrown out the window.

Council’s record on dealing with this issue is appalling. Monies have been frittered away on lawyers, pavilion developments that come in double the original monetary proposals, always late, and inevitably turn parks into more concrete and parking at more expense. Even when council had the opportunity to purchase land they removed the public acquisition overlay on Magnolia Road Gardenvale only to re-impose it 8 years later and pay the then current market price! Their largesse to the MRC has thus far garnered a paltry $575,000 for 463 units on over a hectare of land which at today’s prices will not even buy half a suburban block!

The result? Instead of increasing public open space through proper planning and budgeting, residents are now bequeathed less public open space per individual given the population increase. To add insult to injury there is now the Request for a Report to consider whether council should be seeking a higher levy when objectors argued this point years ago. When other councils can exact levies of 8% and even more for some of their areas, this council has always been unwilling to impose anything that may be seen as an impediment to more and more development. Present and future residents are ultimately paying the cost for such generosity.

May 22, 2016

An Almighty Gamble?

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

One item reported in the minutes from last council meeting is certain to have major financial repercussions in the years ahead. The timing, rationale, and the potential risks this decision embraces, says much about council’s decision making of the past, and the state of its current finances.

Council borrowed $25 million at the astronomical FIXED RATE of 8.04% for 15 years under Newton. There is still a decade to go on this loan. Comments made in chamber over the past year or so indicated that council could not afford to get out of this arrangement without paying some hefty penalties (we believe in the order of $4 million). According to the draft Strategic Resource Plan (page 11) it will cost council $2.88 million in principal and interest repayments for 2016/17 and council would still owe at the end of the next financial year $18.71 million.

Countless questions arise:

Is negotiating another fixed rate contract nothing more than a long term gamble?
What does this resolution say about council’s current financial situation?
Will council be attempting to borrow another $6+ million to bring it back up to the original $25 million?
Will council be paying interest on the interest?
What penalty rates will the bank impose?
If repaying the loan early is so vital, then why wasn’t this undertaken years ago? Could it in fact be related to the departure of Newton? Or is council so cash strapped that it has to do this now?
Why is the Chief Financial Officer ALONE ‘authorised’ to ‘negotiate’ and sign off on the massive deal? Where is the full council in any such decision making?

The history of council’s financial dealings are nothing to write home about. Readers should also remember that as a result of the $25 million loan for GESAC, council was unable to borrow (as other councils did at a much lower interest rate) to repay the $7.1 million Superannuation costs and thus were paying 7.5% instead of a far reduced interest rate if they could have borrowed this money.

Ratepayers deserve nothing less than a full and comprehensive account of what is happening and why.

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