GE Governance


Item 9.17 – Sporting Allocation Policy

Hyams moved to defer item until next council meeting.Lipshutz seconded.

HYAMS: said this was a ‘complicated matter’ that they ‘wanted to get right’ and that the policy ‘requires a bit more work’ and that councillors after ‘a bit more discussion’ revisit the issue.

LIPSHUTZ: said that ‘various emails went around’ today and that ‘some councillors’ proposed some changes. So he thought that it ‘was appropriate’ that all councillors get a chance to look at the proposed ‘amendments’ and ‘get it right’. Delaying would give councillors the ‘opportunity to look at the various changes’ in greater ‘detail’.

MAGEE: began by saying that it’s ‘important that we get this document right’. More people are playing sport and there’s ‘not enough open space for them all’ and 20 teams couldn’t be accommodated. Said there are clubs who aren’t playing who would want to play in Glen Eira and ‘how we manage that is incredibly important’.  Said that after ‘6 or 8 months’ that they are ‘still debating’ the issue, shows how important this is. What councillors are trying to do ‘is refine it’ (the policy) so that the majority are benefitted and any negative repercussions are limited to the least number of people. Also said that the open space should also be used properly ‘not just for active events but also passive events’. Thought the ‘policy is very, very close’ to ‘getting it right’. Said he got a couple of emails today one of which ‘I liked’ and one which he didn’t like. So all that mattered now was that the policy be given a little ‘tweak’.

DELAHUNTY:  supported deferring because ‘we haven’t really come to consensus’ on the issue. Thought that ‘this was a good lesson’ about what should have been done ‘in the beginning’ and that there’s been ‘no transparency on the decision making’ and that council ‘needs to take that lesson on board’. Said that it will be completed soon because ‘we can’t drag this on any longer’ and ‘whatever it takes we need to get transparency’ into the process.

OKOTEL: said this was important because this was ‘the first time’ that council’s ‘practices would be put into a policy that would be followed’. Also wanted ‘some feedback’ to be ‘received from the community’ and this could take the form of either ‘some satisfaction feedback from sporting clubs’  and others that it was important for ‘the development of this policy’.

LOBO: started by saying that history shows that council ‘jumps’ to make laws and policies and codes of conduct ‘just because of one instance’ and said that this policy is ‘because of one club’ and ‘we have not checked with the other clubs if they are also facing issues’. Went on to say that out of the other clubs there haven’t been any ‘issues with them’ who ‘conform to our rules and regulations and working with council’. Claimed that ‘the practice’ was ‘working well’ and an ‘unwritten policy so far has been working extremely well’ and that the government told them that they are one of the ‘best’ in terms of processes and if nothing is wrong then ‘why do we try to repair it’. Said that policies do need to be ‘reviewed’ from time to time ‘based on experience’ and that many residents also play in ‘neighbouring municipalities’ and that ‘sport does not recognise municipal boundaries’. Lobo then went on to mention the ombudsman and said ‘when I was last interviewed by the Municipal Inspector’ he was ‘asked whether it is my responsibility to enter into the operational side’. AT THIS JUNCTURE MAGEE SPRANG UP WITH A POINT OF ORDER. WITHOUT EXPLAINING ANY POINT OF ORDER PILLING SAID “I WILL UPHOLD THAT’ and whilst Pilling ‘appreciated’ Lobo’s concern and passion asked that he stick to the motion. Lobo then said ‘we should not interfere with the operational side of the council’.

HYAMS: said that although November is the time for sending out requests for allocations the delay won’t hurt this because ‘we can still do this’. Referred to Lobo’s statement about ‘doing this for the benefit of one club’ and that that’s not correct. Said that issues might be brought up by one person and that causes a rethink. Went on to give example of Weekend Story time where a resident had told him that they couldn’t make the midweek time slots but they could if this was held on weekends. So he ‘suggested’ this change and it was brought in. So this is an example where someone has brought to council’s attention that the ‘policy is not as transparent as it could be’ and as a result ‘we decided to act on it’. Not about one club because there are plenty of others who can’t get allocations so ‘they also want to know why they can’t get the allocations’. He ‘rejects the slur’ from Lobo that ‘we’re doing this for one club’

PILLING: said he didn’t think that Lobo was ‘slurring’ one club. ‘It wasn’t a slur’ and asked Hyams to ‘withdraw’ that comment.

HYAMS: ‘Okay’ that was his interpretation. Went on to say that ‘the last time’ he spoke with an ‘integrity agency’ he was told all discussions were confidential and commended Magee for the point of order in order to prevent Lobo ‘from breaking that law’. Said that Lobo ‘was right’ about councillors not being involved in ‘operations’ and that ‘he’s right’. Councillors ‘set policy’ and ‘this is what we’re doing’.

MOTION PUT AND PASSED UNANIMOUSLY

COMMENT

Doublespeak continues unabated. Hyams’ use of the term ‘transparency’ in regards to introducing weekend Story Time is the highlight of the debate in our view. Next, Okotel’s call for ‘feedback’ is also remarkable and we ask – why wasn’t this done BEFORE any so called policy came into being? And how does she suggest this now be incorporated into what’s already been written? Formal submissions? ‘Private’ discussions? The latter will really enhance ‘transparency’ no doubt! Delahunty’s little kick up the backside would be far more convincing if real actions actually preceded the tabling of such a document. Lobo’s and Okotel’s admissions that there was no policy, just ‘process’ signifies the extent to which Glen Eira Council believes, adheres to, and implements any form of ‘transparency’. It would appear that only when residents have had a gut full of this administration’s autocratic rule and there are sufficient complaints from possible vested interests, or simple outrage together with negative publicity, that councillors see the need to ‘tweak’ something rather than doing what they should have been doing months and months ago. This isn’t a question of 6 to 8 months of delay. It’s years and years of secrecy and the failure to ensure full accountability.

The ‘Sporting Grounds Allocations Policy’ is finally out for decision on Tuesday night.  It is a document that, if passed, will simply mean more of the same – namely:

  • Full control by officers
  • No prioritising in favour of local sporting groups
  • Review of policy placed in the ‘never-never land’ of some distant and non-specified future dependent on what happens at the racecourse
  • And of course, no ‘consultation’ whatsoever!

The first thing to note about the policy is its limited scope:This policy applies to the allocation of sports grounds and associated pavilions. It does not apply to Council land which is leased (eg to tennis clubs, bowls clubs or croquet clubs), indoor recreation facilities, Council tennis courts for hire or permits for commercial operators (eg personal trainers) etc.

‘Indoor recreation facilities’ would obviously include the GESAC basketball courts. With this single phrase, the whole contentious issue of the Warriors versus McKinnon Basketball will never be subject to full and transparent scrutiny by anyone – including councillors. We wonder if they even know the amounts that ratepayers are possibly forking out to cover the costs of courts standing empty. Do they have any idea as to whether or not the Warriors have handed over the $165,375 they ‘promised’ as their yearly payout in 2011?

All of the above leads to the central question that the policy, and Newton’s ‘report’ so neatly attempts to side-step. Should local sporting groups, and/or residents be given priority when it comes to any service provided by council – whether this be sporting grounds or places in child-care? We believe they should. Residents through their rates pay the major proportion of all these facilities. Councils are there to serve their residents first and foremost.

On this point, the policy includes the rather obvious, and innocuous list of criteria – ie incorporation, financial stability, good behaviour, previous tenancy, etc. All well and good. What is NOT INCLUDED AND WHICH FORMS A CENTRAL PLANK in other councils’ policies is this – taken from the Bayside document. “Where two or more sports clubs have applied for an available sportsground and officers are unable to facilitate shared use, the following assessment criteria shall be used, with the highest scoring club/s given priority allocation”.  A long list of criteria then follows, each broken down into clear ‘marks’ for each category. All Glen Eira can come up with are such guidelines as ‘1-20’ or ’20 points’. More important is the following component of the Bayside criteria and the emphasis on local sporting groups –

bayside

Newton’s introductory report is replete with the usual spin, obfuscation, and attempts to deflect the argument away from this crucial point. He relies on the legalese connotations of ‘discrimination’ as justification for all the above. The examples cited are either totally irrelevant or sheer nonsense. We ask readers to consider the following:

  • The Equal Opportunity Act defines ‘discimination’ in a very limited way – ie someone ‘disciminates’ on the basis of gender, race, religion, etc. There is nothing in the Act that prevents a council from assigning specific priorities to a policy.
  • Newton lists in his defence of the indefensible such examples as: lolly pop people; councillors not being residents; businesses, etc. Again this is codswallop. Heaps of councils have assigned specific priorities when it comes to offering child-care places and RESIDENTS of municipalities have first pick of the cherry in most of these policies. Kingston for example has as its primary objective: “To ensure the maximum number of children within the City of Kingston,receive a kindergarten preference”. If you live in Kingston, you’re first cab off the rank. According to the Newton implied argument this would be ‘discrimination’!!!!

The bottom line is that in so many services, other councils clearly insist that their residents, who pay for such services, are given priority over ‘outsiders’. Not in Glen Eira and not in this sporting ground allocation policy that seeks to cement the status quo of secrecy and lack of accountability.

Finally, we repeat our comment and this is acknowledged within the policy itself. It is councillors who set policy. They have the power to set the objectives and vision. Newton and his men must then be responsible for the implementation of this vision in a ‘timely manner’. Councillors can therefore resolve that it is they who determine sporting ground allocations; it is they who can resolve that local residents be placed higher on a list of priorities than outsiders; and it is they who have the power to ensure that the fiasco of GESAC basketball allocations never, ever, occurs again. But will they?

Here is Pilling’s response to the countless complaints that have come in regarding the Caulfield Park oval extension and the removal of 39 trees. We then feature the Friends of Caulfield Park’s answer to Pilling. In our view the writing is on the wall as to the kind of Mayor Pilling will be!

Thank you for your letter concerning the works to be undertaken to Caulfield Park ovals 3 and 4. I am responding on behalf of all of my colleagues.

I understand the genuine concerns that you have about the thirty-eight trees that are to be removed to allow these works to fully proceed. Whilst this is the case I feel it is important to emphasise twenty-five trees in the works area are to be retained as part of the proposed works and an additional forty trees will be planted in the area, including some indigenous trees that do not currently feature in the park.

Decisions like this aren’t taken lightly and all Councillors considered carefully the issues before coming to a similar view; that the long term benefits to all park users including reducing present risk issues significantly outweighed the short/medium term tree losses. Below is the background and reasons for this decision to proceed.

The Caulfield Park Master Plan  adopted over a decade ago and after extensive community consultation, envisages that works in the north east of the park would separate the two ovals. Masterplans have provided Council with designs and management direction for specific parks and in some cases implemented as a whole or progressively as in the case of Caulfield Park depending on funding availabilties. They also offer suggested solutions to risk issues such as in this case and are  reviewed regularly to ensure that the actions planned are still currently necessary. In this case Council concluded that the upgrading of Ovals 3 and 4 was still a much needed priority. In the 2013/14 budget $600k was allocated to install drought-tolerant grasses on these ovals and thus complete this successful program for Caulfield Park.

The two ovals currently do not make the best use of the available space.  The ovals overlap which presents a risk to players of running into each other or a ball from one game coming into contact with someone playing in the other game.  This identified risk puts a liability risk on Council.  In previously implemented park redevelopments, Council has taken the opportunity to eliminate these situations (eg Lord Reserve, Murrumbeena Park and Caulfield Park). This same approach and process was taken when Caulfield Park ovals 5, 6, and 7 along Balaclava Road were redeveloped in 2008/9. During that phase of implementation of the Master Plan, Council planted 320 trees whilst removing 13 trees. As is the case now the number of trees removed in 2009 were kept to as minimum as possible.

There is also an expectation amongst the community sports clubs that Council will take this action to eliminate any potential risk to players.

In short these ovals are compromised and the situation needs to be improved. The prospect of reconfiguring or combining the ovals that would essentially mean a reduction in playing surfaces is not supported by Council. Currently there are difficulties accommodating all forms of community sports on the limited number of grounds in the municipality especially in junior sport. To reduce is not a realistic option nor is to proceed spending $600k on an inadequate situation.

In relation to Caulfield Park whilst the western end is totally dedicated to passive use only, the eastern end is dedicated to both passive and active use and these uses sit harmoniously side by side.

The works to ovals 3 and 4 at the eastern end of Caulfield Park will lead to these ovals becoming safer by reducing risks to participants by reconfiguring the ovals to appropriate standards.

The ovals will be more environmentally sustainable with far less water used while providing a superior surface for players and passive users alike, even in drought like conditions which are in line with future climatic predictions. As well an upgraded irrigation system and the installation of sub-surface drainage will form part of the works.

I hope that provides a more comprehensive explanation of this issue, as always I am available to meet up onsite to further discuss your concerns.

Yours sincerely,

Cr Neil Pilling

Mayor

City of Glen Eira

FOCP’S REPLY

Dear Neil,

Thank you for your reply and your view of FoCP’s concerns.

I hope that you can see from the public response to this proposal that you have not made a fully thought through decision in this matter and that you will revise it to match the whole community’s expectations.

In your letter you make several points:

  • You mention that decisions like this “aren’t taken lightly”.  This seems farcical when there was no external consultation.  It flies in the face of Council’s purported consultation program.  If you were serious, why were we, the Friends of Caulfield Park, not asked for an opinion?  Were you trying to avoid finding out what it was?
  • How can you pretend that you all “considered carefully all the issues” when you did not find out what they were?  Which ones did you consider?  Please spell them out.
  • What are the “long term benefits to all park users”?  Please spell them out.
  • Please identify which park users, other than cricketers, fall under your description “all”.
  • “reducing present risk issues seriously outweighed the short/medium term tree losses”  What are the risk issues to which you refer?  You state that “The two ovals do not make best use of available space”.  You suggest that the overlap “presents a risk to players of running into each other or a ball from one game coming into contact with someone playing in the other game”.  Frankly, this probability is less than someone tripping over the concrete plinth. There are seven ovals set aside for cricket at Caulfield Park.  This whole weekend, at the height of the cricket season, three ovals were used for four half-day matches.  People running after balls will be running towards each other, so how could they collide?  Have you considered the risks to non-cricketers that Council is increasingly exposing itself to?  Will you be banning walking around the oval perimeters while sports matches are in progress in order to reduce risk on Council?  The bigger the oval, the bigger the games and the bigger the players and the greater the risk to non-participants (the majority of park users).
  • You state that “these ovals are compromised and the situation needs to be improved”  Why not reserve these ovals for junior cricket, or have one large and one small one?  Were these options considered?  Did you consider what could be done if the tree loss was to be minimised?  Tree loss seems to be at the bottom of the list you have considered.
  • You state that there is “an expectation amongst the community sports clubs  . . .to eliminate any risk to players” .   Do you know that the great majority of users of the park are not using it as part of a sports club?  There is an expectation amongst the members of the community that you will not cut down trees and that you will not increase risk to passive users of the park by taking sports arenas out to the pathways they use.
  • You mention the Master Plan as a justification.  The Master Plan is 15 years old.  Communities change and it does not reflect today’s users.  The imminent arrival of 1,000 new people from the C60 development was not on the horizon then.  To reduce passive space is like lowering the wall in front of a tsunami. As you know, the adherence to that Master Plan has been skewed many times, generally in favour of the sports groups.  Some instances are the far greater than planned Pavilion in the centre of the park, the relocation of the main path through the park (which now makes it possible for Council to seek to create larger ovals than are in the plan).  You will see that the Master Plan shows an extensive region of trees along the north-south path between the ovals (check the map you sent me).  Also, when is the amphitheatre to be removed if you are following the Master Plan so slavishly?
  •  You go on to state that whilst the western end is totally dedicated to passive use only, the eastern end is to both passive and active and that these uses sit harmoniously side by side”.  Actually the western quarter may be primarily passive, but the great majority of the park’s area is given over to organised sport (check the map you sent me).
  • You state that “there are currently difficulties accommodating all forms of community sports”.  The existing ovals are seldom used simultaneously.  If you want more sports areas, why doesn’t Council do something a bit more effective about using the centre of the Caulfield Race Track?  This is ideal for sporting activities as trees cannot be planted there as they would obstruct the view of the racing.
  • Further you state that “To reduce is not a realistic option nor is to proceed spending $600,000 on an inadequate situation”.  Firstly let me remind you that  the contract is for $450,000 and that if you were not enlarging the ovals and taking down trees, you would not be spending so much, so it would not be unrealistic.  In any case the budget provided $650,000 for grasses, not for enlarging ovals.  This is clearly a new idea as you are also planning to pull out about a dozen trees planted by Council in the last couple of years.
  • Because of climate change the need for shade is becoming paramount to make the park safe for passive users. The replacement of 39 trees, many of which provide shade, will both reduce the available shade and increase the heat profile of the park.  This exposes the park and the park users to increased stress.

We, the Friends of Caulfield Park, and the greater community who have been sending you emails hope that you will confer with your fellow Councillors and find out that there is a better outcome along the lines we have suggested.

The lack of consultation to date has been appalling.  Why are you only now offering to meet us on the site. What happened to last month or the one before?

Yours sincerely,

David Wilde

President

There are many agenda items of interest for Tuesday night’s meeting. This post will focus only on Paul Burke’s lamentable effort to maintain the status quo and not have audio recordings and/or webcasts of formal council meetings available to the public. The arguments trotted out are entirely predictable and far from convincing.

First off, readers are hit with the suggested cost – $44,000+. Next there is the ‘legal risk’ with statements such as this – Although the likelihood of a defamation action being brought against the Council, individual Councillors or council staff for comments made at a meeting may appear remote, the broadcasting/podcasting of Council Meetings increases the risk due to the larger audience created by the broadcast/podcast of the meeting.

Burke then goes on with this incredible statement – The increased risk is created due to the much wider audience created by the broadcasting/podcasting. Obviously if comments are made at a meeting with no public gallery and the meeting is not broadcast and the comments made receive no publicity it is unlikely that any action would be brought, but this could be different if the meeting is then podcast.

So, are we to assume that it is ‘permissable’ for councillors or administrators to ‘defame’ others when no-one is present in the public gallery, but unacceptable when visitors are present to witness or hear the potential defamation?

What then follows are some attempted distractors such as ‘file size’ and whether people will be able to find the ‘specific items’ that interest them in the recording. Below we feature how simple the solution is and how it does not present any problems whatsoever for Manningham. They simply splice the recordings into the specific agenda items. It shouldn’t take Einstein to figure this out.

manningham

Then comes the typical Glen Eira administration tactic of only presenting ‘selective’ rather than full and comprehensive information. Burke lists several councils and their policies and current practice. Not only is this list incomplete – but it is WRONG, WRONG, WRONG! For example Burke states that Frankston council only provides audio recording for ‘internal use’. Nothing could be further from the truth. Here’s what the Frankston website has got to say on the issue –

Members of the public can request an audio recording of a Council Meeting on CD. This new initiative is to increase the accessibility of Council meetings for those unable to attend in person.

Recordings of Council meetings are available for meetings occurring on or after 6th April 2010. Recordings of Council meetings will be retained for three months only.

On completion of the required details in the form below, a CD will be mailed to the person at the nominated address. Please allow up to 10 working days for the CD to arrive.

Please note that the audio recordings do not constitute an official record of the meeting. The official record of a Council meeting is the Council meeting minutes, which can be accessed on Council’s website or upon request to Council’s Governance unit. (http://www.frankston.vic.gov.au/Your_Council/Council_and_Committee_Meetings/Meetings/Council_Meetings_Available_On_CD)

Burke of course does not reveal that there are numerous other councils that broadcast their council meetings. These include:

Melbourne City Council

Hobson’s Bay – Audio recordings of Ordinary and Special Council meetings will be made available for download on the internet via the Council’s website not later than the day following the meeting and will be retained and made publicly available for 12 months following the meeting date. Members of the public may purchase copies of recordings for a fee of $1.00.

Mornington Peninsula – http://www.mornpen.vic.gov.au/Our_Shire/Our_Council/Minutes_Agendas/Council_Meeting_Audio_Recordings

Ballarat – moving towards this with a resolution passed on September 25th 2013 – http://www.ballarat.vic.gov.au/media/1882408/25_september_public_minutes.pdf

There are probably many others that we have not bothered to chase down. Once again the failure of officers to provide accurate and comprehensive information for councillors is unforgiveable. No specific recommendations are part of the item – so it is once again over to councillors to make a stand and to earn their keep. Will transparency win out over secrecy? Will the rhetoric of increasing public interest and participation stand up or will councillors merely ‘note’ the report and consign this to the dustbin of history for another 3 or 4 years? Will Burke be told to rewrite and this time ensure that he earns his $200,000+ pa salary by providing accurate information or will it be passed off as another ‘clerical error?

Allowing residents to actually hear the continual shenanigans, the appalling level of debate, the inconsistencies, and the repeated failures of good governance is not something that this council and its administrators want to publicise. Transparency and accountability are anathema. That’s why we will continue to provide what we regard as a vital public service in reporting on each council meeting.

PS: HERE ARE A FEW MORE COUNCILS THAT DON’T HAVE THE ‘PRIVACY’ AND ‘RISK’ ISSUES THAT GLEN EIRA ALWAYS SEEMS TO HAVE. THEY HAVE INSTITUTED AUDIO AND LIVE BROADCASTS OF THEIR RESPECTIVE COUNCIL MEETINGS WITHOUT TOO MUCH TROUBLE IT WOULD APPEAR!

Greater Bendigo – Council meetings are broadcast live on Phoenix FM 106.7Mhz. http://www.bendigo.vic.gov.au/About_us/The_Council/Council_meeting_agendas_and_minutes

Moyne Shire Council – http://www.moyne.vic.gov.au/Page/page.asp?Page_Id=2562&h=0

Wellington Shire Council – http://www.wellington.vic.gov.au/Your-Council/Council-Meetings/Live-Council-Meetings

The following are screen dumps taken directly from the Friends of Caulfield Park website. They do not require any further comment from us!

caulfield1caulfield2caulfield3caulfield4caulfield5

This comes from Hyams’ ‘Urgent Business’ Motion:

An item of Urgent Business under s89(2)(a) personnel and 89(2)(f) legal advice which relates to a personnel matter.

Only speculation of course, but we posit the following thinking and ask the following questions:

  • Does this relate to any councillor since it is being discussed by councillors?
  • Are we about to witness another witchhunt?
  • Are ratepayers going to be up for thousands of dollars in lawyers costs?

071113_Reappointment_of_CEO

Glen Eira Council cops costs in adjourned case against former councillor

  • Andrea Kellett
  • November 06, 2013 4:25PM
Former Glen Eira councillor Frank Penhalluriack outside the Melbourne Magistrate's Court today. Picture: Janine Eastgate.

Former Glen Eira councillor Frank Penhalluriack outside the Melbourne Magistrate’s Court today. Picture: Janine Eastgate. Source: News Limited

GLEN Eira ratepayers have copped an $11,800 legal bill after a crucial omission by council lawyers on day one of a criminal court case against former councillor Frank Penhalluriack.

Magistrate Denise O’Reilly has ordered the council pay defence teams’ costs for today’s wasted appearance.

But total costs to Glen Eira ratepayers for today’s gaffe will be far more than $11,800 once the bill of the council’s legal team, including a barrister and instructing solicitor, is taken into account.

The Melbourne Magistrates Court also adjourned the case until March, to allow council lawyers to prepare and give “proper” notice of crucial witness evidence.

Mr Penhalluriack, his company K.I. Penhalluriack Nominees Pty Ltd and former tenant Tomer Rabba have been charged with breaching the Public Health and Wellbeing Act 2008.

The council alleges they operated an illegal rooming house from a rental property on Hawthorn Rd, Caulfield, between May and June last year.

All have pleaded not guilty.

Magistrate O’Reilly told council lawyers she wanted “proper” notice of their intention to present hearsay witness evidence.

“There wasn’t proper notice given,” she said.

“I think it’s the right thing that they give proper notice.”

The evidence relates to a conversation a Glen Eira Council building inspector is alleged to have had with a man at the property last year.

The court heard council’s legal team could not find that man, known only as ‘Brent’, and they wanted “hearsay” evidence of what he is alleged to have said, allowed in court.

David Grace, for Mr Penhalluriack, objected and urged Ms O’Reilly to let the hearing continue without that evidence.

The discussion relates to how many people were staying at the property and could be relied on in the prosecution’s case that the house was being used as a rooming house.

It has since been demolished and replaced with a car park.

Ms O’Reilly adjourned the case to March 3 for three days.

Speaking outside the court, Mr Penhalluriack said he was “disappointed” about the delay.

Source: http://www.heraldsun.com.au/leader/central/glen-eira-council-cops-costs-in-adjourned-case-against-former-councillor/story-fngnvlpt-1226754412798

COMMENT

What the Leader article does not make clear is that Council had 3 lawyers (including a barrister), their own corporate counsel, the ‘policing officer’ (Katz) and 3 other officers sitting in court all day. Another 3 officers were waiting in the wings to be called as witnesses in the days ahead. That should, we estimate, come close to at least another $15,000 that’s gone down the drain for nothing and is just the beginning. The case is scheduled for 3 days. If Penhalluriack wins then the cost to ratepayers could be huge.

After 3 mentions, and continual delays, Council’s lawyers still seem incapable of getting their act together. Shades of the original VCAT hearing where council was ordered to go away and write up its case properly. Instead of providing clear ‘briefs of evidence’, as required by law, ‘hearsay’ introduced at the last moment became the bone of contention. The magistrate ordered that Council undertake proper process by giving ‘notice’. In other words, basically telling council, and their expensive lawyers, that they’ve stuffed up! Also worthy of mention is that the charge against Mrs Penhalluriack was withdrawn right at the start. Make of this what you will!

Date: Wed, 6 Nov 2013 12:52:45 +1100
From: caulfieldpark@gmail.com
To:
Subject: Concert November 10th at Caulfield Park

Dear Friend of Caulfield Park,,

We are emailing you to remind you of the upcoming performance of the Glen Eira Band at the bandstand in the west end of Caulfield Park on this Sunday 10th November  at 2 pm.

We have been told by the Glen Eira’s Director of Community Services that we may not put up posters advertising this public concert around the park as it breaks Council by-laws, and that if we did, they would be taken down immediately, and we could incur a penalty.

So we are asking you to help.

Please advise anyone you know who could be interested about the concert and please come along too!

We look forward to seeing you at the band stand this Sunday.  Remember there is also free art for the children.

Regards,

Spike Cramphorn

Secretary

COMMENT

This is bureaucracy gone totally mad. We remind readers that:

  • Council claims to be committed to engendering community spirit
  • Council has granted Friends of Caulfield Park money to hold these events via their Community Grants program. So what does this say about council’s concern with the money it forks out? Is it really trying to assist community groups in order for this to be a success? Or is it basically attempting to sabotage one group’s endeavours? Whatever the thinking behind this, it is, to put it bluntly, – moronic and anti-community!

The agenda for next Wednesday night is out and surprise, surprise, there is no mention of the CEO appointment. According to the legislation, public notification of the intent to reappoint must occur at least 14 days prior to the resolution being passed. On Wednesday it will be 15 days since the announcement was buried away in both the Age and on council’s website. So why the silence? If this is to be done in camera, then the only possible item that might be applicable is the lovely catch-all phrase “under section 89(2)(d) “contractual” which relates to a contractual matter”. Tautologies reign supreme in Glen Eira!

Other items set down for in camera are also intriguing. For example the regrassing of 2 Caulfield Park ovals. Readers might remember that this was put off for one year in order to save money. Yet it does not explain why on November 3rd 2012 the Age featured this tender advertisement – “Redevelopment of Caulfield Park No 3 & 4 Sports Ovals Requirement: Sportsground drainage, irrigation, surface reshaping & resurfacing.” Applications closed on November 17th. Then low and behold, on  July 27th 2013 we get the identical advertisement again. This time closing date is 16th August 2013. That raises many interesting questions:

  • Why was this advertised last year when the budget had decreed to delay regrassing?
  • Why does the 2013/14 budget state that the cost of regrassing is $650,000 and the figure in the incamera section states $450,000? Surely with all the millions already spent on ovals council would have a pretty good idea what this would cost? Or is this just another example of creative accounting?

There are plenty of other fascinating items up for decision as well, but we will conclude this post with a comment on the financial report. Seems like GESAC is continuing to rack up the bills with another $33,000 for landscaping and the ‘release of retention money for waterslides’. More squabbles perhaps with this particular contractor? Then there’s another $19,000 for the purchase of ‘additional strength equipment’. But the really, really big one is the incamera tender for $610,000 for ‘air handling and ducting’. Of course council does not reveal that this is for GESAC to rectify what is obviously a huge problem. But this was again advertised in the Age on September 7th, 2013! Hopefully this figure will appear somewhere in future financial reports!

More disturbing is that so many projects have not had a penny spent on them in 3 months, or a piddling proportion of their allotted funds. Duncan McKinnon pavilion is the perfect example. The same goes for Local Area traffic management improvements. Taking into account the carryovers of money from the previous year’s budget, and granted that ‘progress’ in Glen Eira is invariably at a snail’s pace, we still have to wonder whether or not these interminable delays are the results of a continuing cash shortage?

Finally, it is worth pointing out again that:

  • The non-appearance of the Local Law – promised for March 2013 by Lipshutz
  • The non-appearance of a sporting ground allocation policy

With a bit of luck these may appear just before Xmas when it’s hoped that not too many people will notice!

 

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