GE Service Performance


This is a long post on the Planning Zone Reforms, but we believe an exceedingly important one. We urge readers to carefully consider the contents and to compare this Stonnington effort (Council meeting 3rd December) to what is occurring in Glen Eira. A few things require highlighting:

  • Glen Eira Council is yet to publish its FINAL submission to Government. All that is available on council’s website is the draft proposal tabled at council and not the final submission. This has never been made public!
  • No update or progress report has emanated from council. There is also no mention of the ‘metropolitan strategy’.
  • Stonnington held community forums and information evenings. No such events occurred in Glen Eira.
  • Council writes of ‘smooth transitions’ to the new zones. Our interpretation of this is simply that Glen Eira will steam roll ahead with what currently exists. Information will be minimal and consultation outcomes eventually ignored as per usual.
  • Please note the tone of the Stonnington report and their concerns. These are sure to be similar in Glen Eira.
  • Bolded sections are our emphases.

‘PLANNING ZONE REFORMS

Manager:  Stephen Lardner

Executive Manager: Karen Watson

Purpose

The purpose of this report is to update Council on the planning zone reforms released by the Minister for Planning.

Background

The proposed zone reforms released by the Minister for Planning in July 2012 represent a significant change to the Victorian Planning System. The consultation period for the planning zones ran for 2 months from 11 July until 28 September 2012 (this was extended from the 21 September 2012). A discussion paper, fact sheets for each zone and an online form (all available on the DPCD website) were released for the public and Councils to utilise throughout the consultation period.

The Minister has indicated that the objectives of the proposed zone reforms include simplifying requirements and providing greater certainty, to allow a broader range of activities to be considered (in support of improved economic performance) and to improve the range of zones to better manage growth. However no explanatory report to justify or outline how the new zones will achieve these objectives and outcome was made available, nor has one been released since the close of consultation.

The reforms propose three new residential zones, a new commercial zone and a change to the mixed-use zone and an industrial zone relevant to Stonnington. The key features and issues of the proposed zoning reforms that will impact on Stonnington can be found in Attachment 1.

Officers assessed the changes in detail and sought clarification and justification where possible to enable an informed consideration of how the planning zone reforms will impact on the Municipality. In response to requests for further information by community groups and individuals, Council held a community information session on 30 August 2012.  Peter Allen, Executive Director of Statutory Planning Systems Reforms, Department of Planning and Community Development and local Member for Prahran Clem Newton-Brown both presented on the reforms. The event was received well with approximately 60 residents and stakeholders in attendance.

On 10 September 2012, Council adopted the submission in response to the Planning Zone Reforms consultation as outlined in Attachment 2 to this report. Officer’s assessment of the implications of the new zones identified major concerns.  The main issues identified are as follows:

  • A lack of strategic justification, identification and understanding of the economic and social impacts of the reforms.
  • The negative impact of Activity Centres from the proposed expansion and dispersal of commercial uses into adjoining residential areas.
  • Reduced residential amenity from ‘as of right’ commercial uses in residential zones and the intended expansions of Activity Centres into residential zones.
  • The reforms encourage high density housing in all Activity Centres, without context or control.
  • There is no economic study, no housing strategy, no capacity assessment or targets to provide the context which justifies the reforms.
  • A lack of detailed information on key issues including transitioning to the new zones, consultation, resourcing, strategic context, current planning applications and VCAT appeals.

Discussion

It was initially stipulated that after the Government’s consultation period concluded in September 2012, the reformed commercial and industrial zones would be automatically implemented and local planning scheme schedules would be adjusted to align with the changes required. In its submission, Council raised concerns about the timing and resources of converting the zones.

Councils were to be given 12 months from the finalisation of the zones, to consider and apply for a conversion of existing residential zones. There were no criteria available to assist with this conversion process during the consultation stage. It is anticipated that the transitional process for the residential zones will require a major Planning Scheme Amendment process which would take up significant Council resources. Following the State Planning Scheme Amendment process, this would be both costly and time consuming and would well exceed the 12 months allowed.

On 14 September 2012 the Minister for Planning announced an advisory committee with Geoff Underwood as Chair and Chris Canavan QC and Liz Johnstone of the Planning Institute of Australia will provide advice about the final form of the proposed zones and how they should be introduced (see Attachment 3 – Terms of Reference). They will recommend a set of criteria to help determine the appropriate application of the reformed residential zones

The Committee has been asked to submit its findings and recommendations in relation to:

  • the reformed residential zones and their criteria in December 2012
  • other zones in February 2013.

Submissions to the reforms will be available to view on the DPCD website in December 2012.

One of the key deficiencies with the reforms is that it has been released and potentially will be implemented before the development of the new Metropolitan Strategy.  The zones are a strategy implementation tool and the strategy does not yet exist. On October 26 2012 the Minister for Planning launched ‘Melbourne, let’s talk about the future’, a discussion paper to inform the development of the new Metropolitan Strategy and to seek further public consultation into the development of the strategy. This is the subject of a separate report on this agenda.

The identification of Council’s new Neighbourhood Character Overlay areas and existing Heritage Overlays will assist in clarifying the most sensitive areas within residential zones in Stonnington and will facilitate the translation of appropriate areas to the new residential zones. The proposed new residential zones also provide an opportunity to transfer general neighbourhood character objectives for the City into the applicable new residential zone.

At this stage, there is no updated advice from DPCD on the transition process and the status of other initiatives such as new policies or the application of other controls.

Policy Implications

Objectives of Stonnington’s Municipal Strategic Statement (MSS) will be challenged by the introduction of high density residential development in all Activity Centres including Neighbourhood Activity Centres. Many policies in the MSS will become redundant without triggers for a permit.

Maintaining the hierarchy of commercial development is a policy objective for the existing Metropolitan Strategy “Melbourne 2030” specifically;

“The viability of many existing activity centres is threatened by retail and commercial developments that are set up some distance from them, particularly stand-alone developments such as corporate offices, strings of super-stores along main roads, or clusters of highway convenience retail outlets. Often these have poor accessibility to public transport and rely on car-based transport.

In aiming to maintain a hierarchy of centres, activity centre policy has given clear direction for a number of larger activity centres but limited direction for mid-sized and neighbourhood centres.”

Financial and Resources Implications

An assessment of the financial implications to Council will be undertaken following the release of the conversion and strategic justification criteria. The process may take several years to implement largely at the cost of the Council and local community.  It will also require a major commitment from community groups and individuals responding to the wide-spread impacts of these changes. 

Legal Advice and Implications

Legal advice may be sought for the next stage of the process.

Conclusion

These proposed reforms change the fundamental principals embedded in the planning scheme, without the necessary detail to understand and assess these changes.

The political purpose of these reforms is to provide developers with greater opportunities for development and stimulate economic activity. The other purpose is to give residents greater certainty and stop redevelopment in select residential areas. In doing so, it potentially fails to address the broader planning, economic and social consequences of only considering these two interest groups.

The combined impact of these changes will have a significant effect on the future character and liveability of Melbourne and its long history of community participation in planning. Further reports will be made to Council as the reforms progress.

Human Rights Consideration

This recommendation complies with the Victorian Charter of Human Rights and Responsibilities Act 2006.

There are potential issues within reforms including changes to Third Party Appeal Rights and the established understanding of allowable uses which can occur within Residential Zones which could be considered as impinging on Human Rights.

Recommendation

That Council note the update to the Planning Zone Reforms.

 

Knowledge is power. That’s why we need the Ministry of Truth – (ie Paul Burke and the Gobbledygook Department) to ensure that only the ‘right’ information is disseminated, and only that information which fulfills all legal obligations but does not necessarily inform, educate, or (god forbid) empower residents. After all, a savvy, questioning and demanding community signals disaster to the powers that be. The other advantage of minimal/selective disclosure is that the more information that is let out, the greater the chance to uncover a major stuff up, thereby quashing the illusion of the perfect council. When people don’t know what the rules are, or what to expect, or what is right or wrong, they can be fobbed off much more easily. Information thus provides the tools to question and object and thus forces greater accountability and transparency.

Our last few posts have concentrated on planning and the almighty spin that is associated with every single aspect of this area in Glen Eira. Akehurst’s recent report purports to portray this council as very ‘community minded’. In our view nothing could be further from the truth. Every obstacle is put in the way of residents when it comes to planning applications – from the timing of meetings, to advertising, to ‘advice’, right through to formal decision making by bureaucrats.

Council clings to the letter of the law repeatedly. They fulfill the legal requirements. But, they also have discretionary powers to go well beyond the letter of the law if they so wish. This is perfectly exemplified via the Online Planning Register. Here is a tool that residents can use to look up applications across the municipality. It has the ability to save time and footwork. Information can be retrieved at no cost in a timely and accessible fashion.

Below is an image taken from the Glen Eira Planning Register following a search on numerous street names. Readers should note the claim that ‘privacy’ prevents the listing of applicants’ names. Funny, how other councils do not have this same problem! Further, the amount of information provided is minimal. We do not know how the permit was issued – ie. via council decision, manager, DPC, etc. Nor are we told if the application went to VCAT; nor if there were any objectors. As for the actual plans – well they just aren’t there!

glen eira

 

 

By way of comparison, here’s a screen shot of one application from Bayside’s Planning Register. Please note – names of applicants, dates of all letters/submissions; those responsible for decision making, and the addresses of objectors. All the information is listed in one single, easily accessible place – totally unlike what happens in Glen Eira.

bayside2bayside

 

Then there’s the Stonnington version. Their register is also chock full of information. In addition they also have an entire webpage devoted to all the applications which have started the advertising periods. Users can click on the links and actually get to see the full application – including architect drawings and plans.

http://www.stonnington.vic.gov.au/residents-and-services/planning/planning-news/advertised-applications/

Our conclusion is simple. We live in a technological age. 87% of residents in Glen Eira now have access to computers according to the 2006 census figures. Yet the systems in place in this municipality are archaic, outdated, and definitely not ‘user-friendly’. In our view, this is deliberate since a little information can be a dangerous thing. Residents must be kept ignorant at all costs!

At the last council meeting officers provided a report in response to the motion moved by Okotel and Esakoff.

“In the interest of transparency and demystifying the planning process for residents and ratepayers, I request a report on:

(a) The information provided to applicants and objectors in relation to Council’s procedures in dealing with planning applications; and

(b) If and how applicants and objectors are informed about the points along the process where they can be involved or express their views.

The MOTION was put and CARRIED unanimously.”

In accepting this report both councillors praised its ‘fulsome’ and ‘comprehensive nature’ although Okotel did comment on several ‘misprints’ that managed to worm their way into official documents. Sadly she did not elaborate! We beg to differ on these  evaluations of the report.

The entire report, presumably by Jeff Akehurst since his name is provided for ‘enquiries’, is merely a regurgitation of the current provided information, and the usual litany of self-congratulatory statements. For example, one sentence claims that both the DPC and the Planning Conferences are a result of Council choos(ing) to have these public forums in the interest of broader community involvement in town planning decision making.” “Community involvement’ is a wonderful catchcry. It is however illusory in Glen Eira when the implementation of these committees are examined in detail.

The DPC meetings are far from encouraging ‘broader community involvement’ for the following reasons:

  1. Objectors, if they’re lucky, receive only 5 days notice! Further it is not clear whether this means that letters are posted 5 days earlier, or whether council ensures via earlier posting, that objectors have the full 5 days notice. It is even conceivable that if the letters are posted on a Friday, and the DPC meeting is arranged for a Tuesday or Wednesday, that objectors would only receive the notification on the Monday. Hardly a full 5 days notice. Surely if ‘broader community involvement’ was the real objective, Council would inform objectors far earlier of the set dates.
  2. DPC meetings are scheduled DURING OFFICE HOURS. Hardly an appropriate time for resident objectors to attend such a conference if they work. Once again, this would limit and hinder full participation by all objectors. Since community forums and other countless meetings are held in the evening, and if the desire for ‘broader community involvement’ was genuine, then DPC meetings would also be held in the evenings when a far greater number of residents would be likely to attend.
  3. No councillor is granted decision making authority for these meetings. We even wonder whether councillors know which applications are being considered by the DPC, or more significantly, when they find out. Before the fact, or after the permit has been granted or refused? In this instance, councillors are sidelined as effectively as residents. All committee members are officers and the meetings generally go for about one hour. It is further not compulsory for applicants to attend. No minutes or records of DPC decisions are available for public scrutiny. Hardly a transparent and accountable process!

 

PLANNING CONFERENCES

Whilst a councillor is chair of such meetings, and planning conferences usually go to council for ultimate decision making, the procedures are again non conducive to ‘broader community involvement’. Some of the reasons are the same as those outlined above –

  • The lack of sufficient notice
  • The repeated gagging of objector comments and questions (ie Mahvo St is the perfect example)
  • Applicants often do not attend and hence are not available for questioning and ‘compromise’ with residents

The greatest drawback however is that NO OFFICER recommendations are available until the application appears as a report in council agenda papers. This is made public on Friday – usually late in the afternoon on Council’s website. It should again be pointed out that most people work. Most people would also be respectful of councillors’ weekends. So that means that objectors only have 2 working days in order to analyse the officer’s recommendations, contact their councillors and attempt to achieve some favourable outcomes. Timing is everything. Why aren’t the officers’ recommendations reported back to objectors well before the item surfaces as a council agenda item? The 64 dollar question would be – are developers notified of officer recommendations in the same manner or do they get a look in well before objectors find out the fate of the application?

The entire planning processes in Glen Eira are designed to favour the applicant rather than the resident objector. Okotel and Esakoff may continue singing the praises of officer reports, but in doing so they fail to address the central concerns of how such information is disseminated and what protocols are in existence to ensure a fair hearing for both objectors and applicants.

Here’s the unbelievable response to a public question asked at last council meeting. We draw readers’ attention to:

  • The waffle & irrelevance
  • The failure to address the major concern of the question – ie why officer reports do not directly engage (and hence answer) the questions raised via the Request for a Report
  • The unnecessary length

Subject: McKinnon Reserve fence.

The McKinnon Reserve fencing report does not provide Council with an opportunity to decide if gates should be installed at the McKinnon Reserve or if no gates are more appropriate in a fenced reserve. Surely when there are a number of residents requesting gates be returned to the reserve, it is for Council not Officers to decide if the community’s wishes are to be heard? The complete removal, rather than the careful management of the so called ‘dangerous’ Cypress trees along Tucker Road remains a mystery to many residents as the Cypress trees inside the reserve itself remain (although whats done is done). When will this Council provide local residents with an on-going opportunity to have their say in the improvements and changes made in our local reserves?

The Mayor read Council’s response. He said:

“Council dealt with this matter earlier in the meeting at Agenda Item 9.4 and you will be able to find Council’s resolution in the Minutes of the meeting.

Your assertions are not correct. The report at Agenda Item 9.4 presents the Council with the opportunity to make whatever decision it wishes to. Had Councillors chosen to have gates installed, we could have passed a motion to that effect. It is the Council and not as you assert Council Officers that decide resolutions of Council.

It is Council Policy to remove trees in only a limited number of circumstances. Such circumstances include a tree being dead, close to death or structurally unsound.Residents whose properties back on to the Reserve and users of the reserve had expressed ongoing concern about the Cypress trees at the southern end of the reserve. Concerns included the declining appearance of the trees and the increasing number of limb failures.

Council’s records indicate that between January 2008 and April 2009 alone, twelve structural branches fell. The electricity company had also been in contact with Council and required Council to prune the trees to comply with the Victorian Government’s new Electrical Line Clearance Regulations (2010).

In response to the community’s concerns and the electricity companies’ direction, Council commissioned an independent arboricultural report of the trees. Key findings were:

 The trees would no longer be viable if pruned to the extent the new Regulations required

 The trees had reached the end of their safe useful life

 The risk of further limb failure was high

 The trees should be removed

The Cypress trees in the north of the reserve were not identified as a risk at that time. Given the findings of the report, there was no other option but for Council to remove the Cypress trees in the south of the reserve.

To inform the community of this, Council’s Parks Services Department:

 Hand delivered letters to 186-236 Tucker Rd, 197 Tucker Rd, 17-25 St James Ave, 2 and 2A Osborne Ave, and

 Erected nine A3 size signs in the reserve: four along the Tucker Road frontage; two at the front entrance; two at the cricket practice nets; and one at the rear entrance.

The letter to residents was dated 22 August 2011 and read as follows:

“TO THE RESIDENT AN IMPORTANT MESSAGE FROM YOUR COUNCIL

Dear Resident

Re. McKinnon Reserve – Tree removal works

Council recently commissioned an arboricultural report on the health and condition of the rows of Cypress trees located in McKinnon Reserve.

The report identified that the Cypress trees along the southern boundary and eastern boundary (Tucker Road frontage) of the reserve are over mature, have poor structure and the likelihood of significant limb failure is high. As a consequence the risk to people, powerlines and property is high. The report recommends the removal of the entire southern and eastern rows of 178 Cypress trees.

Council plans to commence removing the trees on Monday 29th August 2011. The immediate area around the affected trees will be fenced off during works to ensure the safety to park users. Replacement trees will be planted later in 2011.

If you need any further information on this matter please contact Council’s Tree Maintenance Coordinator Mr David Edwards on 9524 3333.

Yours sincerely,

Laurie Unwin

Manager Park Services”

The nine signs that were erected around the Reserve read as follows:

“PUBLIC NOTICE – Tree Removal Works

An independent arborist has identified the need to remove the southern and eastern rows of over mature Cypress trees in McKinnon Reserve (178 trees in total).The trees are in poor condition, have poor structure and many have had branches fail and fall.

To eliminate the risk to people, powerlines and property Council will commence removing the trees on the southern and Tucker Road boundaries on Monday 29th August.

To ensure safety, Council will fence off the effected trees before starting works and request that park users do not enter these areas. Council is planning to plant new trees later in 2011.”

The independent arborist who is professionally qualified in these matters did not regard the trees that required removing as ‘so called dangerous’.

This Council has always provided opportunities for input into the development of our City. Public consultation is a feature that has informed Council’s development of park masterplans and strategies and the elected Councillors will be continuing with this feature. Previous examples include:

 Boyd Park Management Plan

 Caulfield Park Masterplan

 Bentleigh Hodgson Masterplan

 Packer Park Masterplan

 Princes Park Masterplan

 The Glen Eira Sports and Aquatic Centre (GESAC)

 The Dog off leash review

 Bicycle Strategy

 Packer Park West development

 Duncan Mackinnon Reserve Masterplan

 Murrumbeena Play space redevelopment

 Former Booran Road Reservoir Redevelopment.

A forthcoming example will be the Open Space Strategy review that will commence in the near future. This will involve wide consultation.

Of course, residents can also always contact Council or Councillors about any concerns they have in relation to any park and these will be examined and considered.”

This post attempts to tie together 3 consistent themes and to ask the basic question: are pavilions that cost millions a greater priority in Glen Eira that the creation (and preservation) of open space?

This question is the result of MP Miller’s announcement in Hansard (29th November) that a $500,000 grant has been awarded by the State Government for the development of a ‘brand new pavilion, including changing rooms and clubhouse facilities” at Centenary Park. In 2007, according to the ‘Priority List’ established for pavilions, the estimated cost was ‘more than $2,000,000”. The Duncan McKinnon development at the time was listed as ‘more than $6,000,000’. That means that council will be forking out at least a few million for another pavilion!

Let us state clearly that we are not against the (re)development of existing pavilions. What we question are the priorities of this council when literally millions upon millions are poured into very questionable taj mahals and practically nothing is spent on what residents and some councillors have identified as a major need in Glen Eira – the acquisition of more open space.

Opportunity after opportunity to acquire more land has gone begging. Even when land is available council does nothing about it – ie. the Booran Rd Reservoir will stand untouched for another 4 years. What a disgrace that no funding has been allocated to this important potential source of open space when the issue has dragged on for nearly 10 years. We also remind readers of the recent debacle over the Alma Club when for $3 million council could have acquired property that eventually sold for just under $8 million.

Now there is another opportunity – the sale of 487 Neerim Rd. The real estate advertisement (below) shows that it is right in a reserve. Why can’t this be purchased? Why must new pavilions be built year after year (rather than upgraded) at the expense of what residents have repeatedly highlighted as one of the three major concerns – overdevelopment, consultation and lack of open space. Why must this perfect potential for more passive parkland be ignored so that more units, and cars can clog Neerim Rd which is already a disaster? Why has nothing been done about the Open Space Levy and its ridiculously low cost to developers – especially since this was mooted to be ‘looked at’ nearly 3 years ago and especially since other councils are applying a 5% levy across their entire municipalities? And why, oh why, aren’t the funds collected from this levy used in the manner that the legislation primarily intended – the acquisition of public open space?

Finally, we wish to point out the obvious. The delicate position of MP Miller in Bentleigh leads to all kinds of pork barrelling by the Libs. But $500,000 doesn’t just appear out of nowhere. It has to be asked for, and a project nominated. Council obviously asked for the Centenary Park funding. They could just as easily have applied for anything else. The priorities of this administration and some of its councillors needs to be questioned and they need to justify why sporting facilities are continually more important than plain old open space. And open space that is likely to shrink even further once the footprint of these pavilions encroaches on parkland, car parks are extended and concrete, yellow brick roads continue to overtake green parkland.

PS: We’ve done some further homework on this site and there’s a long history associated with 487 Neerim Rd. None of it flatters our administration! Here are the facts:

  • In 1985 there was a subdivision for 2 houses to be subdivided
  • In 2005 an application went in for 9 double storey dwellings (refused)
  • In 2008,3 storey dwelling; 26 dwellings (refused)
  • In 2009, the officers recommended a permit for two storeys and 23 dwellings. Councillors refused a permit
  • In 2009 VCAT (on amended plans) accepted 3 storeys and 28 dwellings (See:http://www.austlii.edu.au/au/cases/vic/VCAT/2009/2529.html)
  • THE AREA IS MINIMAL CHANGE!

So what does all this mean? First off, it tells us that the saga of 487 Neerim Rd. has been on the horizon for nearly 20 years and not once has council apparently thought of purchasing the land even though it has a Special Building Overlay and is prone to flooding. Secondly, if officers recommended 2 storeys eons ago, the likelihood is that this will now occasion at least a 5 storey development. Thirdly, given this history, it is most likely that there is an existing permit on this land – something council clearly would know about. Again, they have been quite content to sit back and allow it to go to developers! So much for the empty refrain of lack of open space, the protected nature of minimal change areas, and the danger of flooding. What should be open space will likely become a living nightmare for residents of Murrumbeena.

PS: By way of contrast we’re adding this titbit of news from the Port Phillip Council Meeting Minutes of 27th November 2012, Page 3. The difference to the way things are done in Glen Eira is, of course, staggering.

“A petition was received from 14 signatories in relation to parking on Bridge Street between Lyons Street to Esplanade East, Port Melbourne.

MOVED BY CRS TOUZEAU/VOSS

That Council:

Receives the petitions and refers it to officers for investigation. A proposal will then be developed for possible new parking restrictions. A subsequent survey/questionnaire will be distributed to properties adjacent to Bridge Street Port Melbourne seeking feedback.The survey will inform any new parking restrictions that may be implemented.

A vote was taken and the motion was carried”

 

COMMENTS

We find it most refreshing that councillors actually TELL officers what to do! We also find it most refreshing that decisions are made on the spot, not a year later. We also find it most refreshing that transparency and consultation is an integral part of a response. The take home message for our councillors is that where there’s a will , there’s definitely a way!

++++++++++++++++++++++

The minutes of 7th February 2012 recorded this petition from residents:

A petition co-signed by 23 signatories was tabled which read as follows:

“This petition of certain residents of the City of Glen Eira draws to the attention of the Council our wish that there be trees planted on Murray Road, Mckinnon/Ormond. Prioritising tree planting on our street will help realise the Glen Eira Community Plan, Street Tree Strategy and Environmental Sustainability Strategy. We believe that this action will significantly improve the psychological, social and environmental quality of our street. We understand that trees would have to be planted on the road and that there will be some associated loss of car parking space. Your petitioners therefore pray that trees are planted on Murray Road, Mckinnon/Ormond as soon as possible.”

The petition, as per normal was ‘received and noted’ unanimously.

Now, 9 months later at Tuesday night’s council meeting Pilling submitted a request for a report on the planting of street trees in Murray Rd. This was seconded by Esakoff. Pilling said that it’s a narrow street and lacks trees and there was the need to improve the ‘amenity of the street’. Esakoff agreed that ‘the street could certainly do with some greening’. Okotel  was ‘pleased’ because this issue was ‘long overdue’ and that concerns of residents ‘are being heard’ and that the report will be the means to ‘ensure that (the issue) ‘will be addressed without further delay”.

We highlight this Request for a Report because it again illustrates the failure of this council and its councillors to institute processes that respond in a timely fashion to resident concerns. We note the following:

  • In other councils petitions are not merely ‘noted’ – they are immediately passed on to the relevant department for action. In Glen Eira petitions generally disappear into the ether and unless residents keep the issue up front, they are invariably ignored and forgotten.
  • Now we have the farce of waiting for another officer’s report. With NO NOTICE OF MOTION available to councillors, the community is again in the hands of officers who may take months and months to report back and then possibly another major time lag before anything is actually planted.
  • The ‘solution’ is very simple it would seem to us. Councillors must ensure that when petitions are tabled they are acted upon, or responded to immediately. It is literally a joke that it takes 9 months, and another officers’ report in order to get anything done in Glen Eira. Not only is this a slap in the face to residents, but it also means more time and expense wasted on unnecessary paper work by officers.
  • Further, if councillors were so concerned about ‘greening’ Murray Rd. did the thought ever occur to them that a simple resolution which stated ’30 street trees to be planted in Murray Rd’ might have sufficed? That is of course, if such a motion passed the ‘no surprises’ component of the Meeting Procedures of the Local Law and if it could somehow be squeezed into an agenda set by Newton!

FINANCIAL REPORT

LIPSHUTZ: council is again ‘progressing well’ and that GESAC is doing a lot better than council ‘anticipated’. They’d originally been looking at a $300,000+ ‘surplus’ but this has now gone out to over a million dollar surplus. Claimed that GESAC is now covering ‘all its borrowing costs’ but not ‘operating costs’. There are over 8,500 members and that he ‘anticipates’ that it will be ‘covering operating costs completely’. Also noted a sentence on page 2 where there ‘was a transfer of $136,000’ from a maternal child & health centre to GESAC for ‘heating and ventilation’. Said that this ‘wasn’t so much a transfer of funds’ out of the health centre but that council were thinking of ‘redeveloping’ the centre staff room. ‘Council decided that when they looked at the plans….it wasn’t worth doing….and as such it didn’t occur’. The money was therefore ‘surplus’ and now used for GESAC. Because GESAC is ‘so heavily used’ and there are lots of people in the centre that ‘we needed to lower the temperature’. ‘We don’t ordinarily remove funds from’ one project to another. Noted that what the Auditor General had said was that unlike other councils, Glen Eira has a ‘business plan before we do anything’ and if ‘it doesn’t stand up, we don’t do it’. So when officers looked at the issue of the staff room it didn’t ‘stack up’…’and as such it didn’t happen’. Went on about ‘operating costs per assessment’ – Glen Eira has one of the lowest & rates and charges are also one of the lowest; ‘fourth highest for pensioner rebates’ and ‘third highest for grants and subsidies’ and 3rd highest in capital works. Said that in some other councils the criticism is that money should be used ‘to pay back debt’. Claimed that was ‘poor’ because it would mean the degradation of facilities and ultimately cost more to replace.Glen Eira has a ‘rolling program’ that means they ‘keep things moving’ ‘so we don’t have to spend money’….’cost saving’. Summed up that it was an ‘excellent report’ which shows that ‘council is on track once again’ and that Glen Eira is a ‘template’ for quality and other councils.

DELAHUNTY: disagreed with Lipshutz on Auditor General’s report. Said that council had been asked to maintain a liquidity ratio somewhere ‘greater than 1.5’ and the report clearly says that over the next few years it will remain ‘around 1’ so there is a need for ‘caution’ with cash flows, ‘so there is a need for concern’. Said that congratulations are due to GESAC but it’s not yet ‘paying for itself’ since it costs council $1 per visit. Agreed with some of the things Lipshutz said but the liquidity ratio needed some caution.

HYAMS: said that Lipshutz is ‘adamant’ that all surplus should be ‘spent on capital works’. Spoke about the $7 million dollar debt for the Benefits scheme which council was ‘going to be charged 7.5% interest on’ that there are ‘grounds to consider’ whether some of the debt should be paid off sooner. ‘That’s a discussion we will all have no doubt’. Referring to Delahunty’s comments on the liquidity ratio agreed that ‘yes it is something we will need to keep our eye on’ but he ‘wouldn’t say it is cause for concern’ but a ’cause for caution’. It’s only ‘one indicator taken in isolation’ and overall ‘we are in a very sound financial position’ and that the report ‘reflects that’. Said that council is generally conservative in its forecasts so that the projected liquidity ratio is of this ilk and will stay ‘well above’ the 1 figure.

LIPSHUTZ: said that Delahunty ‘didn’t have the benefit’ of being present at the Audit committee when the Auditor General came out. The AG was ‘very satisfied’ with the ways things were being handled, congratulated them in fact and that ‘council was handling (things) very, very well’. ‘There was nothing of concern at all’….’we have to be cautious, we have to watch our ratio’

CARRIED UNANIMOUSLY

COMMENTS:

We freely admit that we are not accountants. Yet, some of the revelations ensuing from this item we find to be extraordinary. For the first time we learn that the Employee Retirement Fund cost of over $7 million is to incur a loan of 7.5% interest. Council has repeatedly claimed that the first $3 million plus, that is due to be paid by June 2013 has already been budgeted for. Does this therefore mean that council over the next 15 years can’t find a meagre $4 million dollars to pay off this debt? More significantly why are they locked into an interest rate of 7.5%? This is surely astronomical given today’s falling interest rates. Is this a sign that Glen Eira Council is in fact viewed by lenders as ‘high risk’ and hence the high interest rate? Why must there be any borrowing at all for a measly 4 or 7 million unless the cash flow is indeed on very parlous grounds?

So, for all the talk of being ‘on track’ and how wonderful this council’s finances are, there are countless questions that need answering and figures that reveal the absolute truth. Here are some further questions to ponder:

  • If Glen Eira is so wonderful with its ‘business plans’ then how can a budget be approved, funded, and then suddenly money is withheld from a child care centre and transferred to GESAC?  The actual sentence referred to by Lipshutz reads: “Transfer funds of $136K from Caulfield MCHC to GESAC HVAC works to cover the expenses on the additional HVAC plant”. Since these acronyms would mean nothing to 99% of residents, surely it is time that an important document such as this was made intelligible to people? More importantly, what does this again indicate about the overall planning and astuteness of the entire GESAC project? How often has this council ripped money out of one agreed to project to cover the costs of another?
  • Why has so little money been spent on other projects? Are they being delayed because there simply isn’t the money to go ahead with them? Lipshutz argues that ‘surplus’ is spent on capital works, yet over $10 million dollars is carried through from LAST YEAR’S budget! If that’s not delaying projects to an inordinate amount, then we don’t know what is!
  • The public deserves a fully itemised ledger on exactly what GESAC is costing. Figures cited in these reports need to be fully DEFINED. For example: do the ‘expenses’ listed for GESAC include interest repayments, staff costs, or are they simply everyday costs, such as heating, maintenance, etc? Without clear definitions the public is lost. Of course, this may all be deliberate!!!!!! It is definitely time for less spin and more upfront and detailed accounting!

Here we go again. Another ‘report’ into an issue that reared its ugly head years ago and is still to be resolved – the toy library.

Magee and Pilling moved on November 13th that a report be prepared:” “on the Carnegie Toy Library currently located within the Carnegie Pool facility. Concerns have regularly been raised with Councillors about the inadequateness of this arrangement. This report should detail all options for improving the present service including:

‐ expanding the present facility

‐ identifying alternative suitable sites to relocate the service

‐ any grants or funding opportunities available.

The MOTION was put and CARRIED unanimously.”

History tells us that two and a half years ago this problem was known. In fact the library raised their concerns about a Health and Safety issue in June 2010 and made a submission to the budget at that time. Since the spin is continually about how this council is so concerned about its health and safety record we are amazed that for nearly 3 years nothing has been done to eliminate all potential risks. Below we feature the reports from the time in chronological order.

Full toy story for Caulfield’s library of fun

7 Jul 10 @ 10:20am by Jenny Ling

Toy library president Kym Arthur, with Liam and Zoe, says the library is running out of space.

A CRAMMED collection of toys at a Carnegie toy library has become a safety hazard for parents, staff and children, a report has found.

With membership numbers nearly tripling in 10 years, the Caulfield Community Toy Library is appealing to Glen Eira Council for funding so it can expand.

Library president Kym Arthur said up to 300 Glen Eira families now used the borrowing facility, up from 100 families when it opened at the Carnegie Swim Centre in 2000.

The number of toys has increased to 2500 to match demand.

A report, by design consultant Space Matters, said the small area had created a “serious occupational health and safety risk” and was “impacting the functionality, quality and range of services, as well as the safety of members and visitors”.

“We have just run out of space,” Mrs Arthur said. “We’re literally packed to the rafters. It’s very dangerous.”

The report, submitted to the council, proposes $7500 funding for extra storage space or $180,000 to construct a demountable building on the site.

The construction of the $41 million Bentleigh East aquatic centre had also put pressure on the library because equipment was being stored at Carnegie during the work, she said.

Glen Eira Mayor Steven Tang said the council would “look at the future of the library as part of any decision about the future of the Carnegie site after GESAC is opened”.

“If they have identified an occupational health and safety issue they would need to resolve it,” Cr Tang said. “One way of doing that would be to reduce the amount of stock at that premises.”

Now, two and a half years later, the Leader has run this story –

Cramped Carnegie toy library needs space

7 Nov 12 @ 05:00am by Andrea Kellett

GLEN Eira families have new hope that a solution can be found to their toy library’s space problems.

Caulfield Community Toy Library members are delighted Glen Eira councillors have called for a report into expanding their “cramped” service.

Council officers have been asked to consider options including expanding the existing space at the Carnegie Swim Centre, or relocating it. Parents have for years begged the council to help them find more room. They have nowhere to hold meetings, nowhere for children to play, little room to move, no heating, no dedicated space for toy repairs and not enough display room.

President Jo Prendergast said meetings were held at a local pub and half of the children’s costumes could not be displayed. “There are so many good toys here and you can’t see them or get to them,” Ms Prendergast said.

She has grand visions for the toy library to become a “community space”. “This could be more than just a toy library.” But for now, she and vice-president Corinne Goudge are pleased the library’s needs are “on the council’s radar”.

Cr Neil Pilling asked for the report, saying volunteers were “drowning in toys”. Mayor Jamie Hyams said the problem had dragged on for years.

The Caulfield Community Toy Library is at the corner of Moira Ave and Lyons St, Carnegie.

COMMENTS:

  • GESAC has been operating for 6 months now, but clearly nothing has been done to solve the issue
  • Why has it taken nearly three years for any action to eventuate – especially if there is a health and safety risk?
  • 6 of the current 9 councillors were in office at the time this was first brought up. What have they done to resolve the issue in the meantime, especially after the toy library’s comprehensive budget submission of 2010 (uploaded here)
  • How long will it take for the officer’s report to appear? Will it actually provide funding, sensible recommendations, or will the status quo continue?

Backroom wheeling and dealing, plus the continued inability to present honest and forthright officers’ reports continues with the appointment of councillors to the various committees. There is much in this report that requires commenting upon. We will go through this sequentially

  1. Again no author noted. It’s rule by nobody in Glen Eira.
  2. Spurious claims as to the rationale behind the creation of the Racecourse Special Committee. For example, we’re told that the committee “was established because there was a risk that a Council Meeting dealing with an item concerning the Racecourse might fail for lack of a quorum”. In order for this possibility to eventuate a series of truly extraordinary events have to take place: all trustees must declare a conflict of interest; a councillor must decide to Winky Pop him/herself and someone must be absent. Even if someone is ill, there is no plausible reason as to why any meeting could not be deferred for a week, or possibly even 2! When the MRC is quite capable of delaying ‘developments’ at the racecourse we see no reason why council cannot defer a meeting for a few days until a councillor is able to attend and ensure a quorum. The C60 decision was in fact delayed for several months following the recognition that the farce of ‘consultation’ had to be endured as a good public relations exercise.

Even then, Lobo did not declare a  conflict of interest, he was not a trustee, and his presence would have ensured a quorum. The real reason for the creation of the Racecourse Special Committee is clear to everyone – insurance that the C60 and the ‘agreement’ with the MRC was passed.

The real sting in the tail however, comes with this incredible paragraph: “That Council now has a different composition and it may be possible to abolish this Special committee and deal with Racecourse matters in Ordinary Council Meetings. That will be determined after Trustees have been appointed”. Why the existence or otherwise of this Committee should be ‘determined after Trustees have been appointed” is the real question. It couldn’t possibly be that if Newton doesn’t get his little select band chosen as trustees, then he’s better off going to a full council meeting where their votes will count? If, on the other hand, the gang are selected as trustees, then residents can bet their houses that the Committee will continue! It will be business as usual if this scenario eventuates.

3.  Next we have the Roads Special Committee. Suddenly this becomes ‘unwieldy’ if dealt in an ordinary council meeting! Strange that the same argument is not used for the Racecourse Special Committee. We also need to highlight that as a Special Committee, created under Section 86 of the Local Government Act, such committees are obliged to present both agendas and minutes of its meetings. To the best of our knowledge, no agenda or minutes have been presented from this committee for at least 3 years! So much for proper governance and adhering to the Local Government Act! Even better is that the CEO appointments Special Committee is yet to publish its minutes also dating back several months!

We further draw readers’ attention to the fact that in the Annual Report the Delegated Planning Committee is referred to as a ‘Special Committee’ (Page 81). It is NOT A SPECIAL COMMITTEE established under the Act. It is the creation of delegatory authority with no published agendas, minutes, or obligatory schedules. To term it a ‘Special Committee’ is deliberately misleading and mischievous. 

4. This sentence on advisory committees is also worthy of comment – “It is important, however, to ensure that decisions and priorities are set by those who have been elected ie Councillors.” What a nice way of saying that residents will not get a look in!

5.     There’s also the blanket statement that the CEO Contractual Arrangement Special Committee, the Animal Management advisory committee and the Racecourse advisory committee will all be abolished and that these functions will be ‘handled by Council’. Of course, since Penhalluriack is no longer there, the Contractual Committee doesn’t have to exclude anyone (at this point in time) and the Racecourse advisory committee which also included Penhalluriack can also disappear. Animal management of course hasn’t had a meeting for over a year and since it takes its order from the Rec department, it is also superfluous. Interestingly, the argument used for the Roads Committee (ie that matters are too ‘wieldy’ for ordinary council meetings) doesn’t appear to hold much water in these instances. The inconsistencies and spin are quite unbelievable.

Finally, we wish to point out a couple of other salient facts.

  • With the abolition of all these advisory committees, this council has the least number of advisory committees of any neighbouring council as far as we can tell.
  • Glen Eira has the least number of committees that include community reps in the metropolitan area
  • And what of the Pools Steering Committee? Not a word! Since GESAC is doing so brilliantly, it no longer needs ‘supervision’ we assume, even though it is costing ratepayers a fortune. All can now be left in the capable hands of the Audit Committee and administrators!

 

Council resolutions and policy in Glen Eira are very flexible instruments depending on the individual issues they cover, and the perceived ‘sensitivity’ of these issues. Planning undoubtedly comes under the umbrella of ‘sensitive’. Hence, formal council resolutions, such as items from the Community/Council plan are repeatedly ignored, forgotten and distorted. The Community plan, repeated in the 2011/12 Annual Report under Strategic Planning, stated:

“Strategy: Ensure town planning controls and policies are as clear, concise, relevant and helpful as possible in deciding planning applications in a logical, repeatable and transparent manner.

Action: Report the numbers of dwellings approved for minimal change areas and housing diversity areas.

Measure: Report the numbers of dwellings approved for minimal change areas and housing diversity areas quarterly.”

Unless we are entirely deficient in our English Language Skills, ‘numbers’ does not mean PERCENTAGES, and ‘quarterly’ refers to the 4 times a year SERVICES REPORT. The last council meeting had the Services report (ending September 2012) as one of the items. Included in this report was the following:

84% of dwellings approved for first quarter are in Housing Diversity Areas.”

That’s it! No numbers, no mention of Minimal Change statistics, and no real overview of what is happening in the municipality in terms of the success of failure of the 80/20 policy. We have to go to the Annual Report to glean some information on this vital question.

The Annual Report includes in very small font this statement for dwelling approvals– “Total for 2011–12 minimal change 345, housing diversity 830”. This means that the so called 80/20 division of Glen Eira is rapidly falling to bits since we do not believe that the majority of approvals in these areas would be the simple replacement of one dwelling for another single dwelling. Further, 345 approvals makes the ‘division’ of Glen Eira more like 60/40 instead of the touted 80/20. Amendment C25 claimed to “re-direct multi-unit housing into appropriate locations” and “within the minimal change areas, existing low intensity, low-rise character will be protected and enhanced.” It goes on to claim “For the majority of the City, single houses, extensions to existing houses and two dwelling developments are envisaged as the predominant types of dwellings. By limiting development to this level, existing neighbourhood character can be protected, while still promoting a range of housing through the City.” Is this really happening? How many developments in Minimal Change Areas are more than 2 units per block? How many protect ‘neighbourhood character’ given that there is no real mandatory Urban Design Framework in Glen Eira?

Again, we have to go back to the crucial questions of:

  • Where is the information that will reveal the true ‘success’ or ‘failure’ of these objectives?
  • What’s the point of having Council Resolutions when these aren’t adhered to?
  • Why aren’t councillors insisting that their Resolutions are carried out to the letter?
  • Why are such vital statistics allowed to be buried, instead of highlighted?
  • How much longer will ‘transparency’ be merely a word, rather than the fundamental tenet underpinning all operations in Glen Eira?

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