GE Governance


Below we feature the incredible ‘discussion’ on the Sporting Ground Allocation Policy. We urge readers to carefully note:

  • Delahunty’s turncoat performance
  • Okotel’s remarks
  • Lipshutz’s inanities and little games of semantics
  • Both Hyams and Lipshutz’s attempts to win favour with Ajax – quite frankly we do not believe a word of it!
  • Control vested 100% in the hands of Burke and his cohorts, especially in regards to Expressions of Interest since the policy gives these bureaucrats the authority to ‘invite’ submissions!
  • Not one councillor commented or provided any reasons as to why ‘indoor recreation facilities’ (ie GESAC BASKETBALL ALLOCATIONS) are EXEMPT from this policy! To our mind the reason is obvious – so that the Warriors can continue unimpeded and no one will ever know whether or not they are fulfilling to the cent the obligations of their allocations!

ITEM 9.12 – SPORTING GROUND ALLOCATION POLICY

Delahunty moved motion with some changes – ie. putting policy up on website; to help public understand role of local government in sport; the policy would apply to Expressions of Interest by ‘inviting applications from any party’ and ‘Eoi’s will only be called if there is a permanent vacancy’. Hyams seconded.

DELAHUNTY: said this was a ‘long time coming’ but it doesn’t mean that the ‘operational’ processes ‘haven’t been applied’. Said that she’s always believed that if ‘we are applying something operationally’ then there should be a policy that is clearly ‘understood’ and ‘available’ to the public. This ‘helps the public understand’ council’s ‘role and commitment’ to local sport which is the ‘fabric of our society’ and helps people participate. Council is the ‘guardian of the places’ where this happens but council shouldn’t be ‘managing that in a different way to other people in Victoria’. Said that her objectives with the amendments were to ‘make it clearer what sort of’ principles are involved, but not ‘to differ terribly much from our municipal neighbours’. Went on to say that if Glen Eira did ‘differ’ then it would cause ‘operational chaos’. Also stated that by putting in ‘subjective’ criteria this would help people understand how council sees its ‘role’ BUT there may be times when ‘we may not be able to apply those principles’. This is something that officers have always ‘grappled with’ and the policy won’t cause a major ‘upheaval’ in regards to this since it’s important to have a ‘transparent policy’. She ‘recommends’ the amendments since they don’t basically change the ‘operational’ nature of what has already been happening. The amendments just ‘make it clearer’. The changes to ‘purpose’ explain ‘why we have written the document’. Second amendment was to ‘better explain the scope and not to change it’. Said she found that the McKinnon Basketball Association and some of its members use the terms ‘allocation’ and ‘expression of interest’ as ‘interchangeable’ and this has been ‘widely misunderstood’. The third change was in regards to the table and this sought to ‘clarify how many points were available’. On the expressions of interest she wanted it better understood so ‘that’s why I put in some subjective points’ that extend parts of the community plan, health plan into this policy. Importance of community sport ‘can’t be underestimated’ but ‘operationally’ it’s important that council doesn’t ‘differ that much’ from other councils.

HYAMS: said the policy sets out in a ‘straight forward and transparent way’ how grounds are allocated. The policy isn’t ‘being done for a particular football club’ but that’s ‘not so’. Said that they ‘brought to their attention’ the ‘need for policy’ and that ‘one incident brings shortcomings to our attention’ and this is an example of that. Claimed that council even decided to have a policy before all the public questions started flooding in from Ajax. Said that the policy shows that ‘we don’t throw’ out existing clubs if they are meeting their ‘obligations’. Some people might be suggesting this but he plays for a club that isn’t in Glen Eira and wouldn’t want that to happen so he could play in Glen Eira. Some ‘suggestions’ have been that council should consider the ‘number of residents in each club’ but ‘doing that may be difficult if not impossible’ but ‘we do it for community grants in a slightly different way’. The EOI ‘supposes a community connection’ and that’s ‘important’. ‘Personally’ he would like to have junior and seniors of the same club ‘playing together’ but he ‘understands’ that ‘that was not the will of the group’. Thought that Delahunty’s changes ‘improve’ the policy ‘especially’ on the tables and explaining that these also apply to EOI’s. The real solution is more open space and the policy sets out the plan for the racecourse and will be reviewed then or other times deemed necesary.

OKOTEL: appreciated the ‘work of officers’ and councillors for the policy but ‘I have been highly disappointed with the process that council has undertaken’. Said that she had ‘asked for a process of consultation’ with sporting groups and community ‘before we put this policy to the vote’ because this is a ‘new policy’. Previously council had been merely operating ‘on tradition’ and there was ‘no written documents before us’. Because this is new and ‘none of us are experts’ it ‘would have been appropriate’ for council to ‘engage in some form of’ consultation. Therefore she ‘doesn’t feel comfortable voting on a motion’ that she’s ‘unfamiliar with’ and therefore making a decision on behalf of people was ‘inappropriate without some level of feedback from the community’.  As a result she contacted some sports clubs herself and asked them if they had any comments. Said that the feedback ‘wasn’t that much’. When she raised the need previously she was told that inviting comments would only invite feedback that ‘might polarise the community, cause division’ therefore ‘it is best not to engage in consultation’. ‘I think that was entirely inappropriate and misconceived’ and that ‘we should never shy away from consultation with the community’. Quoted Delahunty saying that council is ‘guardian’ of sport. She thought that ‘partners’ is better so ‘it’s important that we do have feedback from our community’ on ‘such policies’. Said that the feedback from clubs was that there ‘was a lack of clarity in our policy’ as to clubs losing their allocations, and ‘what the deduction of penalty points would mean’ and she also ‘felt that there was uncertainty in that respect’. She’s ‘disappointed that such recommendations haven’t been taken into consideration’. She hoped that councillors vote against the policy but if not that any future review looks at these issues.

MAGEE: said he ‘disagreed with all speakers so far’. There is not ‘need to consult’ on sporting policy since ‘all that matters is longevity’. Said that clubs ‘don’t look at it as a seasonal allocation’. Said he can accept the policy ‘because it’s simple’. Said that they’re trying to do a ‘policy by committee’ and that’s not working. ‘This is a policy looking for a purpose’ and the purpose is that people who have a ground ‘are used to it’. Said that the argument that people who live around a ground have got a ‘greater connectivity’ to that ground and therefore ‘should score higher’ is not right. Didn’t think that any clubs would ever ‘fold up and move out from Glen Eira’ or that there would ever be enough grounds. Even if the racecourse is opened up he would bet that ‘Glen Eira would not be the committee of management’ and therefore allocations ‘would not be up to us’, so ‘this policy won’t matter’. He can’t see anything that would mean that ‘this policy is actually needed’. ‘The policy needs to be kept simply because the clubs don’t care’. All clubs worry about is ‘tenure’ and that’s ‘all this is about’. ‘You don’t need to go ask them that’. Said he was ‘disappointed’ that ‘we’re trying to make something that is relatively simple’ and ‘complicate’ it.

LIPSHUTZ: brought up a point about ‘incorporated’ bodies and ‘incorporated associations’. After some confusion, Delahunty didn’t accept. Lipshutz then said Magee is right in that ‘not much is going to change’. However, pavilions and grounds are important to council and clubs don’t have ‘adverse possession’ claims. So council does have an ‘obligation’ to act in accordance with policy. Said that if there is no policy then it’s ‘open slather and let the officers do as they wish’. A policy ‘gives a framework’ on how ‘things should be done’. Referred to Okotel saying that council should consult but ‘council does not consult on policies. Council consults on strategies’. Said that like Hyams he would like to see seniors and juniors together but that ‘the group’ didn’t agree on ‘this one’. Referred to sport and the ‘corruption’ that went on in Brimbank council where ‘clubs’ took ‘allocations for clubs or money or whatever’ but this ‘can’t happen here’ because there’s a ‘policy that doesn’t allow that’. In Glen Eira ‘council doesn’t get involved, council doesn’t have a say in who gets allocation’ because ‘the officers make that decision’. But ‘we set the framework’. Said that every corporate body has a ‘group’ that sets policy but then ‘officers implement that policy’. At this point LOBO VOTED AGAINST GIVING LIPSHUTZ A TIME EXTENSION. Lipshutz went on with ‘we have to have a franmework that is clear and unambiguous’. Said that the issue ‘didn’t come to council today out of the blue’ and that ‘every councillor’ has discussed it.

LOBO: said that if ‘I don’t know how minutes are taken at an assembly’ then Lipshutz should know the difference between operations and policy. Said that the latter is established on ‘legal matters’. Here ‘smooth functioning of sports club is all that is required’. If people don’t complain then this shouldn’t be ‘a big hassle’. He will ‘stick to the officers’ recommendation’.

DELAHUNTY: started by saying that it’s not like the officers ‘have been operating without guidelines’. They’ve had strategies and ‘conversations’. Said that there’s not this policy because of the ‘commitment to transparency’ so what’s been previously done under ‘operational’ they are now done under policy and this should be ‘open to the public’. Said this should be true for ‘all operational decisions’ but particularly for decisions that ‘affect so many people’. Council is ‘guardian’ of the facilities so they have to make sure to ensure the ‘longevity’ of these facilities. Said there are ‘principles written into the policy’ because Glen Eira doesn’t have a ‘strategy’ on community sport. Said again that her changes do not alter ‘operational’ matters but that ‘they do seek to make those decisions more transparent’.

MOTION PUT AND CARRIED. VOTING FOR – Delahunty, Esakoff, Hyams, Lipshutz, Pilling, Sounness. VOTING AGAINST – Lobo, Magee, Okotel

Readers will remember that we queried the accuracy of the last set of draft minutes in that the Sounness comments on the removal of Caulfield Park Trees were omitted – despite the fact that other councillor statements were included in the draft minutes. Selective editing and the rewriting of history all over again. Sadly, the minutes (as drafted) were accepted without any single comment by any councillor!

When it came to the minutes of assembly meetings, the following occurred. Lipshutz and Magee moved to accept. Lobo then said:

LOBO: quoted the draft minutes from the 29th October where Hyams brought up the issue of ‘councillor conduct’ and said that ‘these minutes are not a true reflection of what happened’. Went on to say that ‘next year’ council needs to ‘review’ how it does things because it’s pointless to put in ‘a line which has no sense’ and ‘we can’t remove things from the assembly of councillors just because we don’t like something’. Concluded by saying that he wants a ‘proper process’.

HYAMS: claimed that Lobo ‘seems’ to want minutes to ‘record specific comments’ but the minutes only ‘record’ the ‘topics covered and nothing more’ and he thought they were ‘fine’.

LIPSHUTZ: stated that the minutes were ‘perfectly correct’ and that Lobo doesn’t ‘understand’ the purpose about listing topics only.

MOTION PUT: Lobo voted against.

COMMENT

The minutes of councillor assemblies are merely another tool in the armoury of this administration and its compliant councillors. Far from only recording broad topics, the minutes have been used to either place pressure on individual councillors who have not toed the party line, or to further the public relations agenda in portraying council as simply ‘wonderful’. Hyams and Lipshutz really need to revisit some of these minutes to see the complete mistruths of their above statements. Here are just some examples of what we mean and ask readers to contemplate whether these ‘minutes’ are in fact indicating far more than mere ‘topics’.

Minutes of 5th July, 2011 – Hyams – Leader newspaper story on the community satisfaction survey. Said that he had telephoned the Editor of the Caulfield Lead who had conceded that the paper had misinterpreted the facts and had corrected the story of their website. Cr Hyams said that the newspaper had indicated that they would print a corrected story in their next edition.

Magee – GESAC basketball courts allocations. Asked officers to provide councillors with a copy of the ‘brief’ that has been given to the legal practitioner following the Resolution adopted by Council at the 28 June 2011 council meeting (Agenda Iem 12.4 refers)

Hyams – that public questions on matters relating to particular long running issues at Caulfield Park may not constitute harassment under Local Law 232 (j) (iii). How to deal with this issue from hereon.

26th July, 2011

Penhalluriack – Nic Varvodic. Council decision to declare his public questions to be harassment. Need to change the Local Law

9th August 2011 – 12.2 ‘confidential’ – Magee access to two other legal opinions and his conversation with the Ombudsman

PLEASE NOTE: In our report on the council meeting of 27th November, Lobo mentioned his ‘interview’ with the Municipal Inspector. Magee jumped up with a ‘point of order’ (upheld by Pilling) and Hyams then had his say – “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’.

Our knowledge of such investigations is that not only are discussions ‘confidential’ but investigations themselves are ‘confidential’ and participants are not permitted to reveal their participation. Yet here we have an official record of assembly that confirms Magee’s ‘interview’ with the ombudsman! The Records of Assembly are therefore never an innocuous list of topics discussed. They become as we said another weapon in the attempt to ensure that all councillors toe the party line and thus power and control remain vested in those that compose and distribute the minutes!

PS: AUDIT COMMITTEE MINUTES

Lipshutz moved to accept with amendments to certain words. Sounness seconded.

LIPSHUTZ: repeated the officers’ report that the committee met 4 times during the year and looked at many issues. Emphasised tenders and how ‘this council has got an outstanding record’ when it comes to tenders. Risk management is another area that the council is ‘outstanding on’ and Newton even gives presentations in NSW on risk management. He felt that ‘overall we are kicking goals’ and ‘rated number one’ by various bodies.

Sounness reported on community grants. Okotel then asked a question.

OKOTEL: asked about item 4 of the audit committee meeting minutes where it referred to risk A’; ‘B’ and ‘C’ what ‘these things actually refer to’.

NEWTON: said that the ‘internal auditors’ raised these issues so that they are ranked according to ‘importance’ and ‘A’ is ‘most serious’ and down the scale. These things are ‘reviewed at every meeting, so every meeting knows’ what actions have been taken.

COMMENT

Okotel’s question raises a number of important issues regarding governance, communication, and work done by councillors. There are several ways of interpreting this question:

1. Most importantly – the Audit Committee does not communicate its deliberations and problems back to full council. It remains a closed shop with Lipshutz, Magee, McLean, Gibbs, and Newton running the show and controlling the flow of information?
2. Okotel after being a councillor for one year does not really know what is going on in Audit Committee meetings?
3. Okotel may be asking for the ‘benefit’ of the community. However, that begs the question of why such reports are couched in double-dutch so that the community would not have the foggiest of what the A, B, and C refers to.
4. Has Okotel been performing her duty by asking such questions ‘in-house’ and privately, or has she only picked up on this after one year on council? Or, has she asked and not been provided with an adequate response, so she is now forced to ask in a public forum where a response is required. We note that Newton’s response was certainly bereft of much detail!
5. The Audit Committee has been pronounced by councillors as the most important committee on council. If other councillors do not know what the hell goes on, if they aren’t provided with regular updates, then we can only speculate as to how on top of things the entire group of councillors really is.

We finally note that in the countless records of assembly published for 2013 there is NOT ONE SINGLE MENTION OF THE AUDIT COMMITTEE MEETINGS AND ITS DELIBERATIONS.  So, either there are no reports back to all councillors or, as Lobo tells us, the minutes of assemblies are nothing more than fiction!

Detailed reports on tonight’s council meeting will follow in the days ahead. However, readers should note the following outcomes:

  • The Kornhauser application accepted unanimously and not one single word stated about student accommodation/shared housing. Lobo even declared at one point that ‘rabbis would love’ him now!
  • The so called greens see nothing wrong with the Gordon St 8 storey 55 unit development because it’s close to transport and will ‘enliven’ the area. Lobo/Magee motion to refuse got up by 5 votes to 4. Voting against refusal – Lipshutz; Delahunty, Sounness and Pilling
  • The most important items (ie. proposed amendments for large lot sizes and the revisiting the C87) took about 10 minutes in total! Passed unanimously. Our view is another ‘victory’ for developers and deceiving the public.
  • A sporting allocation policy that changes nothing and still cedes all control to unelected officers
  • Audit committee report nothing more than self-congratulations and how wonderful Gibbs and McLean are.
  • CCTV funding from government refused. Voting to accept – Hyams, Esakoff, Okotel.
  • Many public questions demanded that councillors provide INDIVIDUAL answers to specific queries – in other words, tell residents of their views and why they voted or felt the way they did. No councillor had the guts to address the questions and state what their actual views were. Instead it was all about ‘councils’ views.

This council has had no qualms in spending tens of thousands of dollars in pursuing Frank Penhalluriack over an alleged boarding house violation that in effect was only in existence for several weeks. It would appear that the same diligence, persistence and consistency of law and principle does not apply to all residents and properties. We are referring to the new application for 8 -10 Springfield Avenue, North Caulfield. What councillors are now being asked to do is grant a ‘retrospective permit’ for an ‘education centre’ and we believe a ‘shared accommodation’ site.

The question of  double standards centres on the following:

  • If there is a component of this ‘education centre’ that provides a 10 month course and offers ‘accommodation’ for these students (some of whom are from overseas) does this constitute a ‘boarding house’?
  • Why has council turned a blind eye to this and not pursued the owner in a manner that is commensurate with the approach taken to Penhalluriack? We refer readers to the boarding house registry where they will find that NO PERMIT exists for this property (https://www.consumer.vic.gov.au/housing-and-accommodation/renting/types-of-rental-agreements/public-register-of-rooming-houses?rs=Glen+Eira+City&sz=20&pg=1&ct=4
  • Why does the Ron Torres report not mention the fact that the 10 month course also offers ‘accommodation’. All that we are told is: The intensity of the current version of the proposal has been reduced compared with the previous version that was refused. For example, the 2 week intensive MerkosWomen course will not be offered and a maximum of 10 women will be enrolled in the 10 month course rather than 15. Whilst the maximum number of boys is not proposed to be reduced, the hours of operation will no longer include any Sunday classes. Similarly, there will be no evening classes for the MerkosWomen that were part of the original application.
  • Yet, the current website of Merkos Women, makes it absolutely clear that the site provides for live-in accommodation, and according to the VCAT member the 10 month course charges US $12,000!

Participants are provided with beautiful accommodation in the heart of Melbourne’s Jewish community. The accommodation includes comfortable shared bedrooms, modern formal and informal lounging areas and a large kitchen in which the girls are guided in preparing communal based meals and are given the opportunity to explore the cultural aspect of food preparation. For the hotter summer months, there is a swimming pool and outdoor area.

Source: http://merkoswomen.com.au/general-info-for-overseas-participants

This ‘new application’ is ‘retrospective’. In other words the site has been operating for years without the appropriate permits. And what has council done? Very little it would seem! The earlier VCAT decision even included this admission by Council’s representative (Mr Leary) – Council’s Enforcement Officer having apparently had problems in the past with being granted access on to the subject land. (http://www.austlii.edu.au/au/cases/vic/VCAT/2013/1157.html)

As to the merits of the ‘new’ application we only reiterate that for years neighbours have complained to council about the operation of this site as a school and they have basically been ignored. Now council proposes to grant a permit despite traffic concerns, and entirely overlooks the question of whether or not the site is in part operating as ‘shared accommodation’. Thus our question of double standards and why the law is not applied equally to all?

Finally, we draw readers’ attention to the following Age/SMH article and especially to the alleged council position as stated in the penultimate sentence – The council has agreed not to fight the move in exchange for a promise from the Kornhausers that they would not seek to force the council to pay any legal costs if the family wins the case.
Read more: http://www.smh.com.au/business/family-seeks-to-run-school-20130917-2tx2r.html#ixzz2nUskMgpk

PETITIONS

Following petitions presented to the house:

Caulfield Park tree removal

To the Legislative Assembly of Victoria:

The petition of the residents of Caulfield and surrounding areas draws to the attention of the house:

the decision by the councillors of the City of Glen Eira to remove or relocate 37 trees of varying maturity and significance within the Crown land of Caulfield Park in order to enlarge two sporting ovals. This decision deviates significantly from the approved master plan for Caulfield Park and was undertaken without any community consultation.

The petitioners request that the Legislative Assembly of Victoria expresses its strong disapproval of this action which was undertaken without due process and urges the City of Glen Eira to reverse this decision and explore options that will minimise the impact on the trees while still allowing for the upgrade of sporting facilities.

By Mr SOUTHWICK (Caulfield) (533 signatures).

Caulfield Park trees

Mr SOUTHWICK (Caulfield)—When I first spoke in this house three years ago I said that ‘Caulfield Park has for more than a century been a suburban oasis for the people of Caulfield, providing an escape to nature’. This is still true; a quick walk through Caulfield Park brings people a sense of sanctuary and quiet, with only the jingle of tram route 3 to remind them that they are in the centre of Melbourne in the great and beautiful suburb of Caulfield. For decades passive enjoyment of the park has coexisted with Caulfield’s great community sporting activities of footy, soccer, cricket, lawn bowls and many other great sports that are a key part of the park.

That sense of quiet was blown away yesterday by the sounds of chainsaws and trucks as the City of Glen Eira, led by the Labor-Greens council, set about destroying or relocating 37 mature and significant trees without any consultation with park users or the community. The council claims that the trees need to be removed in order to create a buffer around the sporting ovals and to increase the size of the ovals. Friends of Caulfield Park submitted to council a well-thought-out alternative proposal that would have had minimum impact on the trees, but it was ignored. This morning I tabled a petition of 533 signatures which shows the strength of community opinion the council is so willing to ignore.

There is significant community anger in Caulfield about the decision by council to ride roughshod over the feelings of residents and carelessly destroy trees of significant environmental and historical value. I join my community in utterly condemning this decision by Glen Eira City Council to sneakily destroy these trees.

Below is the latest Friends of Caulfield Park email –

Council “thumbs it nose” at the Community

Like storm troopers, the secret executioners gathered in the early hours of this morning and, instructed by the administration and its officers, swooped on the 39 trees and cut them down.

The mayor said all the Councillors were behind this move.

He said there was nothing wrong with this action.

We disagree.

We know not all the Councillors were behind him and were kept in the dark about this destruction.

We believe that the Mayor and the administration realised that the FoCP petition of over 500 names (gathered in less than a week) would be presented to Parliament tomorrow and that their plan to cut down the trees would be in jeopardy.   They thought once cut down they were gone and they could proceed with their ill-conceived plan in peace.  With the Festive Season upon us we would all forget their contemptuous action and let them get on with it.  This is bureaucracy at its arrogant worst in overriding community wishes.

We have shown how their justifications for cutting down the trees are fabrications.  So what is the real reason for their determination to proceed, no matter what the community thinks?  If anyone knows the background to their hidden agenda, please drop a note to PO Box 2511 Caulfield Junction 3161.  It appears that they are somehow beholden to sports clubs above all other interests.  Something is rotten in the City of Glen Eira

David Wilde is handing in the Petition on the Parliament steps tomorrow at 9 am and would like others to join him.  If you are able to do so, then ring him on 0417 032 437 tonight up to 9 pm. We realise this is short notice, but please do your best.

What next?  The Council thinks it can thumb its nose at us.  They need to learn that the community is not impressed with their anti-social, anti-community behaviour.  There are two issues here. The one is the loss of the trees, and the other is the Council’s total disregard for the expressed concern of the community about this matter.

Let the Council know what you think of them.  Here are their contact details.  Email, message and phone them and tell them their behaviour is no longer acceptable.  Tell them we want those trees replaced with mature trees where those that were cut down previously stood, and that they cannot spurn the community in this way.

David Wilde

President

We’ve deleted the list of contact details for councillors and Newton!

PS: NOT ONLY DO THEY COME IN THE DEAD OF NIGHT, BUT THEY MAKE SURE THAT ANY ‘EVIDENCE’ IS REMOVED QUICK SMART – so unlike what happens to other trees that are removed and the trunks can lie around for days, if not weeks, untouched. This section of Caulfield Park is now a total wasteland! Residents should remember that the original ‘timetable’ announced that the trees would be removed IN JANUARY!

P1000215 P1000211 P1000212 P1000213

PPS: And from today’s online Leader (http://www.heraldsun.com.au/leader/central/glen-eira-council-culls-21-trees-at-caulfield-park/story-fngnvlpt-1226779662643)

Glen Eira Council culls 21 trees at Caulfield Park

  • Andrea Kellett
  • December 10, 2013 4:17PM
Cranes were used to help remove the mature trees at Caulfield Park. Picture: RICHARD CORNISH

Cranes were used to help remove the mature trees at Caulfield Park. Picture: RICHARD CORNISH Source: Supplied

GLEN Eira Council stands accused of organising a dawn raid tree chop in Caulfield Park without telling residents who were campaigning to save the trees.

Contractors removed and mulched 21 mature trees at the north-eastern end of the park this morning and Friends of Caulfield Park president David Wilde found out while walking his dog in the park at 8.30am.

“This is a deceptive and manipulative move by the administration,” Mr Wilde said.

“When I rang the mayor he said they had done everything by the book … If the book involves deception and manipulation then the book needs to be rewritten.”

Glen Eira Mayor Neil Pilling – a member of the Greens Party – said councillors were told preliminary works were about to start ahead of oval redevelopment but were not told an exact date.

Council signs erected in the park a month ago said redevelopment works for ovals three and four would start in January.

The council is now saying that does not include today’s “preliminary” works.

 

Trees being chopped up for removal from Caulfield Park. Picture: Derrick den Hollander

Trees being chopped up for removal from Caulfield Park. Picture: Derrick den Hollander Source: News Limited

Cr Pilling said the council had listened to the community and reworked its plans to reduce the number of trees that needed to be removed for oval refurbishment.

He refuted allegations of deception and denied councillors had been told not to tell residents.

“No, certainly not,” he said.

“We didn’t know exactly what day it was going to happen. We were advised a week ago that preliminary works would start in the second week of December and that included the trees.”

Caulfield MP David Southwick is also understood to be livid.

He had planned to table a petition to save the trees, containing about 600 signatures, in Parliament tomorrow.

His office confirmed this morning that he was not told about today’s tree chop.

“We had no idea it was going to happen today,” spokesman Adam McKee said.

Caulfield resident Richard Cornish, who photographed the tree chop at 8.20am, described today’s events as a “disturbing, devious dawn raid”.

Residents had vocally opposed plans to chop the trees down, organising protests and lobbying the council and government.

Cr Pilling was swept up in a storm of community outrage last month after news of the council plan to rip out the trees around two sports ovals to “improve” open space at the park’s eastern end.

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COMMENT

If this scenario eventuates, then it will undoubtedly be one of the most stupid decisions ever made by a government body. It does however add fuel to the council fire for greater access to the racecourse and for the expansion of ovals in Caulfield Park. One sentence in the above Leader article should be carefully noted: “a council briefing report, seen by the Leader….”.  Briefing sessions and the associated documents are ‘secret’. Was this deliberately leaked? If so, by whom? Or is this just another example of rules, regulations, and adherence to ‘governance’ going out the window whenever certain people decide it suits their agendas?

PS: And from the Port Phillip Leader

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The ongoing saga of the intended ‘relocation’ of Caulfield Park ovals and the originally proposed removal of 39 trees should be a lesson to all Glen Eira residents. What has been made clear is:

  • The lack of straight talking and honesty from this administration and its councillors
  • No such thing as community consultation and certainly not adopting any community suggestions
  • When found out telling porkies simply change the argument and find another bogus excuse
  • Councillors, as always, remain superfluous appendages to the plans hatched by officers
  • Open space is becoming the exclusive preserve of sporting clubs under this regime
  • The environment, and especially trees, and tree management come in as very low on the list of priorities for this council

The arguments for the proposed expenditure of what we anticipate to be close to $800,000 have changed continually. Yet, in the fine print of various documents, the truth emerges – that is, if the poor resident can even find, collate, and then consider the implications of the buried, nebulous figures. Presented below are statements extracted from the last three Quarterly Reports. Taken together they provide the raison d’etre for what is happening now.

September to March 2013 – Summer season 2012/13 one social cricket club did not request an allocation. Team numbers down this summer season, the reduction was mainly with junior cricket teams.

Summer 2013/14 season team numbers dropped from 235 to 204, (31 team decline) the decreases were:• Softball 1 senior men’s, 3 senior women’s & 2 juniors

• Cricket 2 senior women’s and 23 juniors

Winter 2013 season team numbers have increased from 249 to 272 (23 teams) the increases were:

• 13 soccer teams

• 4 AFL teams

• 6 lacrosse teams

We do not take issue with the need for sporting fields as such. What we do take issue with is the lack of transparency by this council, the continual dissemination of deliberately misleading information, and why residents should always be the last to know what the real corporate vision is, the costs involved, and the deviousness with which plans are implemented. This is all best summed up in the latest email from the Friends of Caulfield Park!

Dear Mary

Thank you for coming clean yesterday about the real agenda driving the enlarged ovals.

We now know that it is not insurance and the buffer zones, they were simply a pretext; it is about cramming in as many junior soccer ovals as possible and cutting down trees that the kids might run into.  Further, it finally clear that the intent is to use the sports area at night since there is, for the first time, the stated intent to put in lights.  As usual, there was no consultation and it is certainly not in line with the Master Plan.

So it turns out that in objecting to the justifications given for cutting down the trees that we have been chasing a trail of red herrings while those in the know sat and smiled.  No wonder this Council keeps us all in the dark!  The paradigm of mushroom management is obvious.

Also, a benefit of enlarging the playing fields that is given in the Council website news update is typically misleading.   It compares the present number of available junior grounds with what could be achieved under the administration’s proposed plan. The real comparison should be with the number that would be available under the FoCP plan.  The difference would be far smaller.

We looked back at your election flyer where you stated that you will “work hard to preserve the beauty of Glen Eira, to increase the livability of our wonderful suburbs”.  How can you reconcile these undertakings with supporting the transformation of one of Melbourne’s premier parks, a park not owned by the Council but administered in Trust, into a treeless green wasteland?  Instead of the treed ovals of the past, we are left with interlocking treeless areas with a few saplings round the periphery.  Perhaps you can rationalise it, but those people who elected you have a much harder task.

We realise that the insurance need was a red herring, but we did as I believe that you suggested and we contacted the MAV about the insurance situation.  We were reliably informed that while all councils have an obligation to protect the safety of users of property for which they are responsible, there is NO set directive about buffer zones and no specific insurance requirements about buffer zones. Furthermore, contrary to what may have been said, there are no discounts on premiums as a result of having these buffer zones.

It seems to us as though the Administration is either deliberately misleading Councillors or is simply providing selective information to support its programs.  Certainly each time we demonstrate the emptiness of a justification to cut down these trees, a new one pops up.

Kind regards

Spike Cramphorn

Secretary FoCP

PS: the latest FoCP email

Dear Mary,

Thank you for your phone call.  You are right the phrase to “come clean” is not appropriate in this context and does not reflect what I intended to convey.

What I should have said was that after talking to you and looking at the Council’s new information, the total amount budgeted, and the amount allocated for this portion of the work, it had become clear to us that the the Council’s intent had always been to expand this area to accommodate lots of junior football fields whilst talking cricket ovals.  We then surmised that the uncommitted amount in the budget was for night lights and felt that we, the Friends of Caulfield Park had been unable to learn any of this until as late as possible.

It has been said that the FoCP are always negative, but this is only because we, the only representatives of the informal and casual users of the park, are left out of any consultation process on matters that affect Caulfield Park.  When there is a material departure from the  Master Plan, as in this instance, we believe that this is not appropriate and that often, with some minor adjustments, we could achieve much better outcomes for all.

None of this was attributable to you personally and I did not intend to convey this.  To the extent that it appeared to do so, I apologise without reservation.

Yours sincerely,

Michael

We’ve been sent the following photographs – all taken today (2nd December at 1pm). These photos show again:

  • the unwillingness or inability of Glen Eira City Council to do a damn thing about the MRC contravening the so called ‘agreement’.
  • The ‘agreement’ stated that car parking in the centre of the racecourse was only available on main racing days and 10 ‘special events’. Is this a ‘special event’? If it is, then we point out that there was no notification to residents; no adequate traffic management plan; and how can something that goes on for 2 weeks be considered as 1 single ‘special event’. Add on the flower show, the month long circus, and other bits and pieces and the length of time that is occupied stretches out to months and not 10 days!
  • What have our wonderful trustees and Newton done about any of this?

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Council minutes are meant to provide an accurate record of what occurs at council meetings. That is both a legal and an ethical obligation. In Glen Eira it often is not! Council’s past responses to questions about accuracy has been that:

  • Minutes are not Hansard
  • They are required to only record resolutions and votes
  • Sorry, another ‘clerical error’ perhaps

All of the above may be true, BUT NOT when council uses quotation marks as an indication of a verbatim, word by word account of what took place. This has been the practice for years when it comes to Rights of Reply and Councillor Questions. To then fiddle with the occasional wording (and this is not to correct grammar it should be said!) or omit huge chunks from the official record because it is ‘embarrassing’ for council is nothing short of deceitful, devious, and unconscionable. No wonder the audio/visual recording of council meetings has been opposed so often and for so long!

On this occasion we are referring to Councillor Questions on the Caulfield Park tree removal. Following the Dorothy Dixer’s asked by Magee and Lipshutz we suspect that the two questions asked by Sounness were not pre-prepared and rehearsed. These and Burke’s answers are absent from the minutes. THERE IS NO MISUNDERSTANDING HERE. PILLING HIMSELF REFERRED TO SOUNNESS’ QUESTIONS AS ‘COUNCILLOR QUESTIONS’. HENCE, THEY SHOULD HAVE BEEN INCLUDED IN THEIR ENTIRETY IN THESE MINUTES AS WELL AS BURKE’S RESPONSES. THAT THEY HAVE BEEN CENSORED IS THE DELIBERATE DOCTORING OF THE OFFICIAL RECORD!

Here’s what occurred –

Pilling asked ‘any other councillor questions?’

SOUNNESS: directed his question to Burke and wanted ‘clarification’ about the 2001 Master Plan. Said that the ovals were reduced from 7 to 6 and he wanted this made clear as well as what could be put up on the website as information for people about the numbers of trees affected and the impacts on ‘birdlife’ and other issues of ‘biodiversity’.

BURKE: said that the Master Plan does ‘talk of a reduction’ of ovals to 6 and that ‘there’s already been a wicket taken out’ so that the ‘reduction has already happened’. Went on to say that the “master plan is a representation of how the park should look’ when all the work ‘has been completed’. As far as the plan’s ‘vision for trees’ he thought that ‘it is fair to say we are achieving that’. The 2 trees that they’ve agreed to preserve are ‘actually contrary to the master plan’ but they’ll be kept. As far as bird life is concerned rangers tell council that with the planting of indigenous trees the number of birds visiting the park has increased and that this was ‘expected’ with all the plantings of native trees.

Pilling then asked again if there were ‘further councillor questions’

SOUNNESS: asked about the junior ovals and how come ‘the trees were planted’ basically on these sites in the first place. He then asked whether the ‘plantings’ had ‘been in the wrong place’ to begin with.

BURKE: said that ‘some of the trees to be removed predate the master plan’. He then ‘agreed’ that some of the plantings of these trees were post master plan development and could only explain why they were planted there because of ‘people’s over-exuberance’.

COMMENT

What this tells residents is:

  • Incompetence all round! The left hand does not know what the right hand is doing!
  • Masterplans are useless pieces of paper that are changed on mere whim

Please note: the issue of trees, master plans is not our focus here. What we and all residents should object to in the strongest possible terms is the rewriting of history and what can only be a conscious and deliberate decision to present minutes that falsify the series of events. These are not ‘minutes’ therefore – they are the political doctoring by this administration. Again, the question falls back onto councillors. Will they demand that the minutes be corrected? Or will this be another distortion of reality and allowed to pass through to the keeper unchallenged. We remind readers that those who control history control the future (apologies to Orwell!)

PS: We see that the Friends of Caulfield Park have published their latest newsletter where they respond to the latest council pronouncements. See: http://www.caulfieldpark.com/latest-news.html

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