November 23, 2011

Under The ‘Big Top’ – Again!

Posted by gleneira under GE Council Meeting(s), GE Governance
[17] Comments 

URGENT BUSINESS

ESAKOFF: Asked that a ‘matter in relation to OH & S be considered. I would like to move that’. Hyams seconded.

Motion carried unanimously

Esakoff: ‘I would like to move a motion that I….read a statement’ Started to read the statement  when Tang interrupted asking for her to explain what the motion was in relation to. Esakoff replied ‘correcting the record’. Tang then asked her to read out the motion. ‘My motion is to be able to read my statement….correction of record’.

Tang: asked Hyams ‘whether he would like to move a motion’

HYAMS: ‘Council authorise the mayor to read out a statement relating to OH & S compliance and allowing the record to be corrected’.

Tang again interrupted saying that Hyams’ motion shouldn’t replace Esakoff’s motion. Asked whether Hyams would withdraw his motion because Esakoff’s was first.

ESAKOFF: ‘I’m not sure I heard anything new in your motion….but feel free’. Hyams said that he wasn’t sure what Esakoff’s motion was. She repeated to ‘read a statement to correct the record in relation to OH& S compliance’. Burke then whispered in Esakoff’s ear and she asked for a seconder to the motion. More confusion reigned with Esakoff saying that she wants to read the statement and ‘I’m getting conflicting advice here’. More whisperings! Hyams again volunteered that Esakoff has to speak to the motion first and then Hyams would speak to the motion.

Esakoff then moved the motion to accept this as ‘urgent business’. Hyams again had to explain that Esakoff had to first move the motion about whether council would allow her to read the statement ‘you’re allowed to read the statement if the motion is passed’.

ESAKOFF: ‘then a vote on the request to read the statement?’

Motion was finally put and carried unanimously. Esakoff started to read the statement. Said that she wanted to ‘on behalf of council’ to correct the ‘assertions’ made by Penhalluriack at the last council meeting. She said that Penhalluriack had stated ‘that council officers had failed to table’ requests for reports at council meetings. ‘This statement is not true and on behalf of Council I apologise to the CEO….for these assertions being made without any supporting evidence….(the reports that Penhalluriack listed were) either ‘tabled at council meetings or provided to councillors’…..(further that there is no requirement that such reports have to go to council meetings) ‘as opposed to councillors or an assembly of councillors’.

 

November 22, 2011

Council Meeting: Plummeting to New Depths of Censorship

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

Tonight’s council meeting witnessed Lipshutz, Hyams and Esakoff plummet to new depths of political bastardry – ably assisted by Paul Burke.

PETITION #1:

Burke announced that there was one petition from ’79 signatories’  relating to the concerns of business and residents about GESAC and parking. We note that this petition was read out quite clearly and at normal speed. Moved to accept by Hyams and seconded by Tang. Pilling spoke about the “hasty’ implementation of the extended car park and that now there was the need to work towards some resolution of the issues ‘raised by residents’. Magee stated that he’d met with residents of Gardiner’s Rd. Claimed that there were ‘certainly some issues of misinformation’ going around ….’cutting out nature strips, parking all day’…’light shining into houses’….’number of cars that are likely to be in the car park’…’we talked about crossovers between one park and the other’….’there is still a lot of confusion….we are in the process of putting together a document….that covers and explains’ (all these issues)….

HYAMS: part of the problem expressed in that petition is that the residents of Gardiner’s Rd. will be parked out ….(on the other hand not enough car parking for GESAC….need to) ‘strike a balance’….

MOTION CARRIED UNANIMOUSLY

PETITION #2

BURKE: Read out the second petition incredibly quickly BUT NEGLECTED TO MENTION THE NUMBER OF SIGNATURES (523) AND FURTHER STATED: ‘we have been unable to ascertain’ (the validity) ‘of the signatures Madam Mayor’. Pilling moved to accept, Forge seconded.

PILLING: ‘quite a sensitive issue….ceo has been reappointed….even though people may have different opinions…..(should be) acknowledged by the council….(Council should be) …..actually big enough to take criticisms….and also constructive criticisms….’

FORGE: ‘Nothing to add’

HYAMS:’I just want to say that ….assumptions inherent in the wording of that petition (which people signed) which isn’t necessarily true’

PILLING: reiterated that the ceo’s contract has been renewed.

Esakoff put the motion. In favour – Magee, Pilling, Forge, Tang

AGAINST: Lipshutz, Hyams, Esakoff

MOTION CARRIED

COMMENTS: We find it astounding that any councillor could vote against the tabling and acceptance of a petition. Residents have every right to express a view and to call upon council to listen to those views – whether they be popular or unpopular. In their attempt to deny residents this right we maintain that Lipshutz, Hyams and Esakoff have clearly voted against the most basic and fundamental rights of residents and revealed to all their total disrespect to the 523 residents who signed the petition. Shame on them all!

Both Lobo and Penhalluriack were apologies for this meeting. We will report on the rest of the circus in the coming days.

 

November 21, 2011

Here Comes The Spin!

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

Council’s Media Release:

Monday 21 November 2011

Glen Eira CEO contract extended

At the meeting of the CEO Contractual Arrangements Special Committee held on 17 November 2011, Council resolved to extend the employment contract of Andrew Newton as its Chief Executive Officer for a further two years until April 2014.

Glen Eira Mayor Cr Margaret Esakoff said Councillors are confident in Mr Newton’s abilities to manage an organisation with $1 billion of assets, a $100 million budget and almost 1000 staff.

“He has demonstrated excellent financial, people and workplace management and is a sector leader in the management of risk,” Cr Esakoff said.

Cr Esakoff said that Councillors had given the matter full and careful consideration and were confident that they and the community had the best person for the role.

“He is among the most experienced and respected CEOs in Local Government and is widely regarded in the sector as one of Victoria’s leading Council CEO’s. He has a demonstrated passion for, and commitment to, the Glen Eira community,” Cr Esakoff said.

Before commencing as Glen Eira City Council CEO in 2000, Mr Newton worked as an executive for the Commonwealth and Victorian Governments under both coalition and Labor Governments. The first minister he served was Malcolm Fraser, and the most recent was Rob Knowles in the mid-90s.

Mr Newton holds a Bachelor of Arts with Honours from Monash University and an MBA from Melbourne University where he came first in his year. He is also a Fellow of the Australian Institute of Company Directors.

AND THE BAYSIDE MELBOURNE WEEKLY VERSION

Glen Eira CEO reappointed

21 Nov, 2011 04:52 PM
Glen Eira City Council has reappointed chief executive Andrew Newton to his role despite community activists calling for a fresh round of hiring.On November 17 the council’s contractual arrangements special committee resolved to extend Mr Newton’s contract until April 2014. The meeting was held behind closed doors and the outcome was announced on Monday.Glen Eira Spokesman Paul Burke said as the vote was conducted in secret he could not release results of who voted for or against reappointing Mr Newton.Mayor Margaret Esakoff praised Mr Newton as ‘‘the best person for the role’’.

Mr Newton has been in the role since 2000

COMMENTS: If the vote had been unanimous then Burke would have declared the decision as such. It clearly was not unanimous and thus underlines the (ongoing) divisions that are present in this council. We believe that residents have the right to know how each councillor voted and no council resolution should prevent any councillor from declaring his position.

We would also like to take this opportunity to thank all those residents who in good faith signed the petition requesting that councillors advertise the position prior to making their decision. This is just another example in a long list of examples of how the community’s wishes are consistently ignored.

Last but not least, we thought that a comparison with the April 8th 2010 Media Release on the reappointment of Newton might be entertaining and informative. Surely a smidgeon of originality would not have gone astray at this point – after all the ghostwriter does earn at least $230,000 per annum! What this says about the respective mayors of the time we also leave for readers to judge. Compare the following extracts from 2010 to the current Media Release –

“Councillors are confident in Mr Newton’s abilities to manage an organisation with $1 billion of assets, a $100 million budget and almost 1000 staff. He has demonstrated excellent financial, people and workplace management and is a sector leader in the management of risk.”

“He is among the most experienced and respected CEOs in local government and has a demonstrated passion for, and commitment to, the Glen Eira community.”

Mr Newton holds a Bachelor of Arts with Honours from Monash University and an MBA from Melbourne University where he came first in his year. He is also a Fellow of the Australian Institute of Company Directors.

 

November 21, 2011

NEWS FLASH: Where There’s Smoke, There’s Fire!

Posted by gleneira under Councillor Performance, GE Governance
1 Comment 

The following announcement has appeared this afternoon on Council’s website – in its usual hiding place, under ‘Public Notices””

Special Committee Meeting cancelled
At the meeting of the CEO Contractual Arrangements Special Committee held on 17 November 2011, the Special Committee resolved to cancel the meeting of the Special Committee scheduled for 7.30PM on 24 November 2011.
 

November 21, 2011

MRC: Trustee Meeting & 7 Lot Subdivision

Posted by gleneira under Caulfield Racecourse/C60
[3] Comments 

We are seeking help from any of our readers who may have knowledge, or documentation, concerning the history of any public access points to the Caulfield Racecourse. The MRC has objected to Council’s conditions placed on the 7 lot subdivision. There have also been resident objections. The VCAT hearing is scheduled for this Wednesday.

If any reader has any information or documents (ie maps, photographs) could they please contact us via gedebates@gmail.com and we will pass the information onto the resident objectors.

On another MRC matter – there is a trustee meeting scheduled for December 1st at 10am. The blurb on the council website states that residents may request to be heard at this meeting in relation to any of the published agenda items (a first by the way!). Included in the agenda items is the ‘land swap’ featuring the State Government. This is for ‘discussion and decision’!!!!!! Once again we find the timing incredibly interesting and given that the VCAT hearing is scheduled for this Wednesday and it is highly unlikely that a decision would be handed down before the 1st December, we can only speculate whether this land swap ‘discussion’ is an attempt to pre-empt any VCAT decision on the the 7 lot subdivision.

 

 

November 21, 2011

Melbourne Bayside Weekly Stories

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

Petition calls on Glen Eira CEO to reapply for his own job  

COMMUNITY activists want Glen Eira chief executive Andrew Newton to reapply for his job after his current contract expires. An online petition available for residents to download and circulate is on the Glen Eira Debates website.

Copies in Bentleigh and Carnegie supermarkets have also garnered signatures. The petition states: ‘‘Your petitioners therefore pray and demand that the position of CEO is advertised widely – and your petitioners will ever pray.’’

Glen Eira Residents’ Association president Don Dunstan, a former councillor, said his association supported the petition. He said the main organiser feared legal action and wanted to remain anonymous. ‘‘We think the position should be advertised because that is a chance to get the best person for the job,’’ he said. ‘‘It should be appointed on merit, and if he was the best person for the job, that’s fair enough. The job pays the same as the prime minister, and we don’t reappoint the PM – they are chosen by our elected representatives.’’

Mr Dunstan said the petition ensured councillors knew what the public wanted. He said the past five meetings to discuss the chief executive’s contract had been held in-camera. The mayor and councillors have declined to comment until a final decision has been reached. The sixth committee meeting is scheduled for November 24. It is also expected to be closed to the public.

Mr Dunstan said at each meeting the public were forced outside. ‘‘It’s totally undemocratic and there is nothing we can do about it. The petition shows what people want,” he said.

Rebecca Thistleton

Councils vote for change

COUNCILS are set for a leadership shake-up, as councillors prepare to vote in new mayors for Bayside, Kingston and Glen Eira. Many of the councillors have not publicly stated their positions, but Glen Eira councillor Neil Pilling and Bayside councillor Louise Cooper-shaw have revealed they hope to be elected as mayor or deputy mayor.

Neither Kingston’s mayor, Ron Brownlees, nor Margaret Esakoff from Glen Eira, will stand for another term. Bayside’s Alex del Porto hopes to be re-elected for what would be his fourth term.

Cr Pilling said none of the councillors elected to Glen Eira council in 2008 had served as mayor; a trend he hoped would change. “I am seriously considering standing for the mayoral role. I feel it is time for a fresh, less traditional approach to the position,’’ he said.

Cr Cooper-shaw, currently Bayside’s deputy mayor, said she would accept a role if nominated.

Glen Eira councillors will vote in their new mayor on December 13. Cr Esakoff said traditionally, a new mayor was elected every year. She said 2011 had been a successful one for Glen Eira, with the Packer Park expansion and the popular storytelling festival among her highlights. ‘There are always challenges, but the February flooding and seeing the devastation that some residents suffered was extremely difficult,’’ she said.

Her deputy, Jamie Hyams, said the past year had given him a chance to deputise at official functions and see the new sports and aquatic centre built. He was reluctant to discuss if he would stand for mayor or say who he would vote for before speaking to his colleagues.

Kingston’s election will be held at the November 30 meeting. Mayor Ron Brownlees said he would not stand for another term.

‘‘It’s been a busy, full-on year,’’ he said. ‘‘It’s always more than 40 hours a week and you always end up working seven days.’’ He said he had not decided who to vote for. Bayside’s annual meeting will be held on December 1, marking the end of Alex del Porto’s third term as mayor since his election to the council 14 years ago. Cr del Porto took a year’s unpaid leave from teaching to take on the 2011 role full-time.

Cr del Porto said a main challenge for the council in 2012 would be to attract more state and federal funding, which he said was becoming harder get.

Rebecca Thistleton

 

November 20, 2011

Newton, The ‘Gang’ & Lobo

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

Rumours are rife that Andrew Newton has been “granted” his contract extension for another two years. No official announcement has as yet been made so we cannot vouch for the authenticity of these rumours. If however, they do prove correct we strongly suspect that the voting pattern may have gone along these lines –

FOR: Lipshutz, Hyams, Esakoff, Lobo

AGAINST: Magee, Pilling, Forge

Tang was a ‘convenient’ absentee at the last CEO Special Committee meeting where the decision was probably made. Convenient, in the sense that if he should by some miracle have voted against reappointment then the vote would have been 4 to 4 and Esakoff would have the casting vote. This would place her in an invidious position. Convention demands that the status quo is maintained – ie. contract runs its course without renewal. With Tang absent, this possibility has been averted.

We will comment further once the issue is resolved via the perfunctory formal announcement.

 

November 19, 2011

Records Of Assembly & The Games We Play!

Posted by gleneira under GE Governance
[7] Comments 

4th October

  • Submission on Parking Review to State Government – a four page document. Again secret and not tabled in council and not in the public domain

11th October

  • More tampering? – “amendments to Item 12.6 of 20th September 2011 Council Meeting’. This item read: “under s 89 (2) (a) “personnel”, (d) “contractual”, (f) “legal advice” and (h) “may prejudice the Council or any person” which relates to Occupational Health And Safety”.
  • ‘Compliance with the Local Government Act’ – more bullying?

18th October

Absent Forge & Penhalluriack

  • “Four letters from a legal firm representing a councillor’. Now which councillor might be seeking legal advice? Maybe a case of ‘while the cats away the rats will play’?
  • Tang arrives half an hour late
  • Legal advice abounds: “item 6.2 – Rights of Reply, in camera pursuant to s89(2)(f) ‘legal advice’ of the Local Government Act”; “Item 6.3 A council resolution, in camera pursuant to s89(2)(f) ‘legal advice’ of the Local Government Act”; “Item 6.4 Legal advice pursuant to s89(2)(f)’legal advice’ of the Local Government Act”.

Please note the only ‘Rights of Reply’ that have occurred recently are by Penhalluriack. Obviously the powers that be did not take too kindly to what he had to say – hence more ratepayers funds expended on ‘legal advice’.

25th October

  • Fiddling once more? – “Agenda Item 4 – Minutes of the 11 October 2011 Council Meeting Item 10 A (i)”. This was “urgent business’ where ‘nil’ was listed, yet it became the secret ‘revision’ of the CEO Special Committee.
 

November 18, 2011

GESAC & More Spin

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

The agenda items include the long awaited ‘report’ on GESAC. However, this is not a ‘report’ but only an expanded ‘minutes’ of the October 5th meeting of the Pool Steering Committee. So much for Lipshutz’s promises and the transparency of this council!

The following is made clear:

  • GESAC will not open in December
  • Council is facing a ‘liquidated damages’ suit of $1m – at this point in time. Residents should therefore prepare themselves for potentially more legal costs in the attempt to recoup these monies
  • Even after the builder has finished, there is still a period which includes ‘commissioning’ – ie outfitting. We suggest that this means that the opening will likely be in February at the earliest.

We must also take the following with a huge grain of salt:

“The project is currently under budget, partly due to the levying of liquidated damages (LDs) on the sliding scale since 19 May 2011. Total LDs are likely to exceed $1m by the end of the project. The most likely scenario is that the $41.2m construction contract will be completed for thirty-nine-point-something million”.

Again we invite readers to consider the following:

  • What is the TOTAL COST of GESAC? All along we’ve been handed the line that the cost is roughly $41m. Now there is the admission that this is only the CONSTRUCTION costs. Add in, interest,  outfitting, staff, higher purchase agreements, running costs per year and we’re undoubtedly looking at a venture that is well and truly above $50m.
  • If these LDs were becoming apparent as early as May, then why has the public continually been fed the spin that everything is on time and under budget?
  • Several assumptions are made in the above statement: (1) that council will successfully recoup its LD payments; (2) that potential legal costs will be paid by the builder and there won’t be a protracted court battle adding further to overall costs.

Finally, this meagre 3 page document (which is really one page and a half) is short on detail but long on spin. Residents still have no idea when the centre will open; how much it will cost and how much it will be up for in operating costs. And of course, there is no mention of the basketball allocation saga which was ‘promised’ by Lipshutz at last council meeting. All in all, we suggest that this is fast becoming an unmitigated disaster on all fronts – transparency; accountability, and prudent oversight.

 

November 17, 2011

GESAC: McKinnon Basketball Assoc. Has Its Say

Posted by gleneira under GE Service Performance
[5] Comments 

Dear MBA members,

By way of background, it is worth pointing out that we (MBA Executive) have always had one major issue with the Council’s decision and that is that throughout their process we were continually told that any submission we put forward had to offer at least $50/court/hour.  Given that this was substantially higher than we currently pay, we felt it important to seek the view of our delegates and that view was, unanimously, that the MBA could not afford these rates.  Consequently we advised Council that we would not enter a proposal at those levels.  It is easy to see, therefore, why we were so dismayed to learn that Council had in fact accepted an offer from a much smaller Association (presumably with far less capacity to pay) at a rate much less than $50/hour.  Had Oakleigh offered Council $50+ then we would still be questioning council on the grounds on which the allocation was made particularly around community benefit and hours of operation, since we were told we needed to scale back our proposal and the justifications given for being unsuccessful simply did not add up.

We have been actively lobbying Glen Eira Council to persuade them that the exclusion of McKinnon Basketball Association from GESAC is nonsensical.  Council have sought support from Basketball Victoria to facilitate a mediation between Oakleigh and McKinnon in order to determine whether there is the possibility of agreeing a means by which both organisations could use the space.  This mediation will take place soon.  In the meantime, in an attempt to see if we could shortcut the process, we approached the Warriors direct to see if we could agree a way forward between ourselves.  We made it clear that the only workable joint allocation of time would have to see McKinnon occupy the facility on Saturdays.  The Warriors subsequently presented a proposal to us which provided us with Saturdays but whereby they would be granted access to two existing McKinnon courts on a Saturday as well as a number of other conditions.  Whilst we felt there was a workable way forward with most of the conditions, several were simply unworkable.  Consequently we have respectfully declined the offer and will move ahead with the mediation process.

Some of you may have read an article in The Saturday Age last weekend which suggested that members of the McKinnon Executive had in some way promised to reward Councillors with votes at the next election if they grant access to GESAC to McKinnon.  The quote used in the paper was taken from an email to Councillors which Council have confirmed was NOT provided to the Warriors under the Freedom of Information Act as the article suggests.  It remains a mystery as to how the Warriors came into possession of this email but suffice to say that the quote was accurate but taken out of context.  The article also suggests that Jim Magee, among other Councillors, has been in some way retained by McKinnon to help fight our cause.  This is simply not true.  McKinnon Executive members have had one meeting with Jim Magee, which he instigated, several months ago when he first heard that we had not been successful in our application.  Since then there has been appropriate lobbying but nothing more.  These suggestions are inflammatory but nothing more; we pride ourselves on our professionalism and have at all times simply sought to promote McKinnon and our programs as the most logical basketball occupant of this great new facility.

Rest assured that we will continue to put forward the case for McKinnon and will engage enthusiastically in the mediation in an effort to achieve the best outcome for McKinnon and basketball in general.

MBA Executive.

Source: http://www.sportingpulse.com/assoc_page.cgi?client=1-4059-0-0-0

 

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