The following public question was directed to Lipshutz. It relates to the Frisbee Affair, which we have previously reported upon. To refresh readers’ memories the issues revolve around:

  • An ‘unauthorised sporting group’ regularly playing Frisbee without a permit
  • Lipshutz’s son is/was one of the Frisbee players
  • This Frisbee group has never been fined in contrast to a social soccer group and one of its members
  • The soccer group has repeatedly asked public questions as to why there does not appear to be equal treatment for all and concludes that this is because of both Tang and Lipshutz’s ‘relationships’ with the Frisbee group

The question asked Lipshutz whether he had written the following, obtained under FOI  –

My son has reported that he and his friends were approached by a Council officer on Friday and warned off playing Frisbee in Caulfield Park (the Lacrosse oval). I am advised that there is a regular Friday afternoon Frisbee game which is not organised and basically anyone can turn up. I consider it a bit rich to prevent a bunch of kids playing Frisbee. My son says that they play on that oval as all the other ovals are being used for cricket. Could you please look into this for me. Were the matter to be reported in The Leader I think we would look a little ridiculous.” (our emphases) 

The answer was ‘yes’!!!!!!!

Readers may also find it interesting that the Local Government Act, 1989 specifically states under Section 76E –

 “A councillor must not improperly direct, or improperly influence, or seek to improperly direct or improperly influence, a member of Council Staff in the exercise of any power or in the performance of any duty or function by the member.”

 

Response to questions regarding Caulfield Racecourse

1.      Immediate public access to the middle of the racecourse

Members of the public currently have access to the middle of the racecourse everyday between 9.30am and sunset, other than on race days and when there are major events. The hours of access are readily available on signs located at various points around the racecourse perimeter.

2.         Development as a public recreation ground and public park

Following discussions which I convened between Glen Eira City Council and the Melbourne Racing Club, agreement has been reached regarding development of new recreational facilities within the centre of the racecourse, as well as improved access and extended hours of access.

Plans for the works have been submitted to Council for a permit, and I look forward to the works being completed in early 2011.

3.      Appropriate development of Caulfield Village

The Melbourne Racing Club is seeking the rezoning of land between the Racecourse and the Railway Line. This is a matter for Glen Eira City Council, and not the State Government. The Liberal candidate for Caulfield appears not to understand the planning laws, which provide that rezoning decisions are determined by local government.

4.      Development as a major transport hub

Metro are investing in a new café at Caulfield station as part of their plan to turn stations into community hubs. Caulfield is very well served by public transport with the station located on the Pakenham and Cranbourne lines and a number of trams and local bus routes.

5.      Involvement of local and wider community together with stakeholders at each step of development

In relation to the proposed development known as Caulfield Village, members of the public have had the opportunity to have input into the planning scheme amendment process. In relation to use of the racecourse, Melbourne Racing Club recently held a public meeting regarding the plans for the new recreational facilities in the centre of the Racecourse. I .encourage both Council and the MRC to continue to keep residents and stakeholders involved in the planning for the precinct in the future.

We received the following comment from a reader and wish to highlight it in a separate post. It reads:

“Received notification of a caulfield racecourse precinct special committee meeting on Monday 13th December 2010 at 7pm at the town hall. It states you will not be allowed to address the meeting or ask questions. Obviously the decision has been made by the gang of four. Heaven help us all.”

As per usual, nothing is up on Council website, so we would appreciate it if readers could please send us a copy  – gedebates@gmail.com

As a result of the almost deafening silence on the Caulfield Racecourse issue from candidates in Saturday’s election, we’ve compiled the following table listing their details. Contact them, ask your questions, and get some answers!

Rob Hudson Bentleigh Labor rob.hudson@alp.org.au
Louise Asher Brighton Liberal louise.asher@parliament.vic.gov.au
Bob Stensholt Burwood Labor bob.stensholt@alp.org.au
Graham Watt Burwood Liberal graham.watt@vic.liberal.org.au
David Southwick Caulfield Liberal david.southwick@vic.liberal.org.au
Ted Baillieu Hawthorn Liberal ted.baillieu@parliament.vic.gov.au
Andrew McIntosh Kew Liberal andrew.mcintosh@parliament.vic.gov.au
Michael O’Brien Malvern Liberal michael.obrien@parliament.vic.gov.au
Ann Barker Oakleigh Labor ann.barker@alp.org.au
Tony Lupton Prahran Labor tony.lupton@alp.org.au
Clem Newton-Brown Prahran Liberal clem.newton-brown@vic.liberal.org.au
Murray Thompson Sandringham Liberal murray.thompson@parliament.vic.gov.a
John Lenders Southern Met  1 Labor john.lenders@alp.org.au
David Davis Southern Met  2 Liberal david.davis@parliament.vic.gov.au
Andrea Coote Southern Met  3 Liberal andrea.coote@parliament.vic.gov.au
Sue Penniciuk Southern Met  4 Green sue.pennicuik@vic.greens.org.au
Georgie Crozier Southern Met  5 Liberal georgie.crozier@vic.liberal.org.au
Jennifer Huppert Southern Met  5 Labor jennifer.huppert@alp.org.au

It seems that at last night’s Council meeting, Jim Magee may have inadvertently let the cat out of the bag, and thereby provided the community with solid evidence that decisions are not made in open council, but behind the closed doors of Assembly of councillors, briefing meetings, or perhaps even little tete a tetes between certain councillors and administrators. We have also learnt that Jim Magee almost religiously spends two hours each morning sitting in directors’ offices and having what we presume is a ‘pow-wow’. Nothing wrong with this, of course, but it all depends on what is being discussed.

Last night when moving the motion on the Coatesville tennis club ‘renovations’ Magee informed council that the tennis club was merely making some additions such as ‘renovation to their toilets’ since they had been trying to get a program for disabled players up and running and that this was the first stage to accommodate that. Magee then went on to state that the club also intends

“to put in some new courts which council has already agreed to help them…and also by giving over the land adjacent to the tennis courts, council land,…increase the footprint of the tennis courts ..and in return council will pick up the two tennis courts now in Mackie reserve. …. the club has been informed this week that the state government will be looking very favourably on matching council’s contribution …so I recommend this as a first step to our colleagues…..”

Readers should note the following:

  1. Officers’ reports on this Agenda Item contain no mention of this ‘land swap’; nor do they contain information about the ‘enlarged footprint’.
  2. In camera items for the past year contain no reference to this ‘land swap; – hence if it was discussed as an in camera item, then Magee is breaking this confidentiality it seems. If discussed as part of an Assembly of Councillors, then why is Magee speaking as if a DECISION has already been made? Assembly of councillors are expressly forbidden to make decisions that should come before Council.
  3. The Local Govt Act requires that all sale OR EXCHANGE OF LAND be announced via public notice and that Section 223 apply.
  4. The 2010/11 budget contain no mention of any ‘council contribution’ or notation that ‘council has already agreed to help them’ financially.
  5. So, where, when and by whom was this decision to EXCHANGE LAND made? Where, when and by whom was the decision made TO HELP the club?

Please note we are not arguing the validity or otherwise of this tennis club’s case. What we are questioning again and again are the fundamental issues of GOVERNANCE, CORRECT PROCESS AND TRANSPARENCY. We welcome Jim Magee’s response to these questions!

Item 9.14 of council agenda was membership of the Caulfield Racecourse Precinct committee. This committee was set up in late 2009 and comprised 4 councillors. The recommendation was to appoint another councillor to replace Magee who resigned following his appointment as trustee to the MRC.

Tang vacated the chair since as a trustee he declared a conflict of interest. Magee did likewise. Hence, there were only 6 councillors in chamber – Pilling is on leave.

Cr. Penhalluriack moved a motion to DISBAND THIS COMMITTEE. His argument was that he now has to hang his head in shame; he had voted last year in favour of this committee believing that some good may come out of it, but he was mistaken. The whole process is undemocratic and anticommunity. Only 4 councillors will be able to vote on vital issues such as the C60 amendment and the centre of the racecourse because they are trustees, or have been winky popped as he and Forge have been. This is antidemocratic and anticommunity. All this because of a ‘convoluted law and a convoluted interpretation of the law’. When we discuss C60 ‘I’m not allowed to vote… (this is) a nonsense’. ‘This is my park, my land and I’m being excluded…Why should we leave it to 4 people when 9 people have been elected’? ‘Council is not beholden to the MRC’. ‘Council needs to take a stand’…’time council stood up… I want to have a say in C60…”

Cheryl Forge seconded this motion stating that this issue was the most undemocratic thing that had yet faced this council.

Lipshutz opposed the motion stating that whilst terrible, the MRC will go to court and ‘our decision goes down the gurgler’ if processes are incorrect. Therefore conflict of interest is important and must be taken into account. He didn’t want to ‘take the risk’.

Lobo began by stating that it is a ‘shame that we have laws where lawyers play around and earn their living’ Frank is in the history books for making things happen. He has been ‘gagged and he has my full support’.

Hyams agreed with Lipshutz and ‘empathised’ with Frank. He offered two reasons why council needs this committee – (1) potential litigation and (2) problem is the decision relates to perceptions of bias and when statements might be seen as perceptions of bias. ‘we make a decision and we’re exposed to litigation’. Again and again we heard it was ‘risk to council’.

Penhalluriack responded by stating that this was an atrocious situation. If Lipshutz and Hyams are correct then the only people who could challenge are the MRC and they ‘wouldn’t have the gall to stand up’ and go to court. Council must challenge them to do that. They have excluded us year after year and this committee should be abandoned

Esakoff who had taken the chair to replace Tang, then used her chairman’s position to cast the deciding vote. Penhalluriack, Lobo and Forge, voted for abolishing the committee; Lipshutz, Hyams, and Esakoff voted against. Esakoff then used her decisive casting vote – without giving any reasons for this vote. She did not utter a word, except state that she is voting against the motion. Penhalluriack called for a division.

Lipshutz/Hyams then moved the motion that Esakoff be appointed as councillor on the committee.

Penhalluriack then questioned Esakoff’s ‘bias’ in that she had previously voted against his motion to abandon the committee when she is now being nominated for the committee. The response was that councillors can vote themselves onto committees. Penhalluriack then ‘respectfully dissented’ from this decision, asking that this be put in the minutes. Penhalluriack also asked for a vote on his motion of dissent – it was declined after much confusion, consultation with Newton and Burke. Esakoff was voted onto the committee. Surprisingly Forge voted for her!!!!

OUTCOME:

  • 4 councillors (a minority) will decide the fate of C60 – Lipshutz, Esakoff, Pilling and Hyams
  • 4 councillors decide the fate of the Racecourse for 132,000 residents
  • Council will not, as Penhalluriack states ‘stand up’ to the MRC
  • Council has abrogated its responsibilities to residents and to all semblance of democratic process 

Tonight’s council meeting was unique in that the following occurred:

  • A motion of dissent was moved by Cr. Penhalluriack against acting chair Esakoff
  • Esakoff, with the ‘guidance’ of both Newton and Burke ‘gagged’ this motion instead of allowing it to go to a vote according to accepted, democratic principles of meeting procedures
  • The ‘gang of four’ (Lipshutz, Hyams, (Tang) and Esakoff) basically abandoned council’s obligation to the community to ‘fight’ the MRC and the c60 amendment
  • Cr. Lobo responded individually to public questions asking each councillor to outline what they believed they had contributed to the community during their stint as councillor – in opposition to the stock, all encompassing mumbo jumbo of ‘council speak’
  • Cr. Lobo attempted under ‘right of reply’ to question the process of mayoral elections. He was ruled out of order

A full coverage of these events will be online tomorrow.

There is a deafening silence from the vast majority of State Candidates about the Caulfield Racecourse and the entire Caulfield Village development. Only two candidates have expressed views:

  1. Peter Brohier – Independent Candidate for Caulfield District campaigns for extensive infrastructure development to become the junction between East and West of Australia and to link Hastings Ports to Tasmania. He sees the Racecourse as a Public Asset to be used properly by the Public for the Public use;
  2. David Southwick – Liberal Candidate for Caulfield District (replaces Shardey) campaigns against an inappropriate development in Caulfield and in particular around the proposed MRC Caulfield Village. He wants to work with the community and the Glen Eira Council to resolve the issue of Public use of the Racecourse. 

No other Candidates are campaigning on the issue of the Racecourse and the development of the greatest asset that Victoria has got according to Peter Brohier. The value of the area, which was also examined in the Sir Rod Eddington’s Report, is between $10 billion to $20 billion at present. The proposed developments plus the likely future developments may either double the value or if it is NOT done properly it may destroy the area and ALL other areas around the proposed Caulfield Village.

 On the grapevine we hear that both major parties are divided about the proper use and future development of this area. Baillieu is totally against the development and Brumby has not said a word. 

There will be 17 MPs in the Parliament, whose votes are important for the Caulfield Racecourse Public Recreation Ground and Public Park with its surrounding areas. The Public deserves an answer from ALL candidates on this big issue that will affect the whole of Victoria and Australia as this transport hub should be developed into a major link between East and West.

We ask each candidate to state their position on the following:

  1. immediate public access to the middle of the racecourse
  2. development as a public recreation ground and public park
  3. appropriate development of Caulfield Village
  4. development as a major transport hub
  5. involvement of local and wider community together with stakeholders at each step of development

Today’s Melbourne Bayside Weekly –

Whiteside went out swinging

Former deputy mayor Helen Whiteside’s resignation letter has finally been made public after being suppressed by Glen Eira councillors. In her three-page letter, Mrs Whiteside, who resigned on July 31, expresses her dismay at Glen Eira Council. She writes about her desire to find out why the cost of reappointing chief executive Andrew Newton soared from $6500 to $44,000. ‘‘My request to be provided with all documents in relation to the process has been denied by both the lawyer and the council … As a consequence of my position on these and other matters some councillors have stopped communicating with me except in formal council meetings.’’

Caulfield is currently inundated with election posters, pamphlets, notice boards. All are full of promises about the Caulfield Racecourse. David Southwick appears to be winning the stakes (excuse pun!) in this area. Ms Abramson’s publicity machine is running a very long second we suggest. She definitely needs to pull the whip out and begin to concentrate on the local community.

We thought that those readers who may not have seen the latest Southwick effort might be interested in this poster that went up under his name and concerns the Caulfield Racecourse. We quote:

Fight inappropriate development at Caulfield Racecourse 

The proposed Caulfield Racecourse development will mean:

  • High density towering commercial buildings
  • Traffic congestion
  • Local lost amenities
  • The threat of antisocial behaviour 

The Brumby Labour government has done nothing to protect Caulfield residents from the proposed massive racecourse development which would see

  • Twelve hundred residential units (including high rise towers)
  • 20,000 square metres of office space
  • 15,000 square metres of retail space

 I want to work with you and the local community to ensure a better deal.

 David Southwick

 Liberal for Caulfield.