A previous post reported that in the space of 4 years, Glen Eira Council had spent AT LEAST $16,781,000 on sporting grounds, and facilities. Over the top, we asked? Especially when other services appear not to be getting their slice of the pie!

Just to confirm our suspicions that such a high level of spending for one (minority) sector of the population is not all that common, we cite what the Kingston Council has put out as a media release. The release was in response to criticism made by cricket clubs as to the poor upkeep of grounds and poor planning. In addressing these allegation, Kingston CEO Nevins wrote:

“…Council spends in excess of $1 million a year on sportsground maintenance which includes ground renovations and upkeep; mowing; irrigation system maintenance; water for irrigating sporting fields; cricket wicket renewals; and oval top dressing.

Over the last four years Council has also undertaken capital works on pavilions, cricket nets and wickets totalling $2.56 million as well as spent $120,000 on warm season grass conversions. Over the last three years we have invested more than $170,000 in pavilion maintenance, $120,000 on water management at Doug Denyer Reserve and provided more than $30,000 in community grants to cricket clubs.”

Such figures pall into insignificance when compared with Glen Eira. Yet, Kingston has a greater population, greater ‘open space’, more teams, and more sports grounds. Are they that negligent, indifferent, poor managers, or is it simply that they have decided that budgets need to be equally shared between all sectors of their community?

Glen Eira Council has published a new Media Release entitled “Issues for the City and the State Election”. Highlighted are such issues as: level crossings, inadequate State funding for childcare/kindergartens and proposed pruning of street trees near power lines. Significantly, the word PLANNING, appears only once – almost as a throwaway in the penultimate paragraph. The Caufield Racecourse also only garners a mention here.

We highlight this to readers since this ‘call to arms’ stands in stark contrast to the VLGA vision of the significant issues facing the electorate. Their emphases is almost exclusively on planning and the need to recognise the role of the community in determining planning outcomes. Why are the respective ‘visions’ so vastly different? What does this say about Glen Eira’s approach to planning and community consultation? But of course, Glen Eira has now removed itself from the VLGA after only one short year! We’ve uploaded the VLGA document here

 

Today’s Caulfield Leader – Page 7

OPEN LETTER TO THE PEOPLE OF GLEN EIRA

RESIGNATION FROM COUNCIL: FORMER MAYOR HELEN WHITESIDE EXPLAINS

Dear fellow citizens and ratepayers of Glen Eira,

Helen Whiteside resigned as councillor of Camden Ward and Deputy Mayor in July 2010. Council decided not to make public my resignation letter. Many people have contacted me with questions and support seeking more details, so I feel the need to explain.

After 5 years on council, elected twice, it was with sincere regret that I felt I had to resign.  The reasons were an accumulation of council decisions which in my opinion were not in the long term best interests of the City of Glen Eira, including, among others:

CEO reappointment: poor governance, excessive legal costs, and biased decisions during an extended process to reappoint our high performing CEO

Open Space: the decision to rescind a S173 agreement exchanging public open space land, now resulting in open space being removed from public use;

Conflicts of Interest: In my view some councillors did not make decisions based on merit and objectivity in the interests of all

Subsequent  to my resignation some councillors with whom I worked closely for 5 years took objection to my questioning of these matters of principle and their standards of ethical behaviour. In the interests of transparency I am willing to send the text of my resignation letter to anyone who contacts me by email hmwhiteside@bigpond.com

Yours sincerely

Helen Whiteside

31 October 2010

Geelong Advertiser – November 3rd, 2010 

“FUNNY how some city councillors simply don’t get it. Their closed-door briefings should be open to the public and they could do themselves a great service in the process.

New rules means they have to publish an agenda but the public gets to know nothing else. And as this newspaper has revealed, the briefings have been used for straw polls, to change officer recommendations and to make decisions later rubber-stamped in open council.

The agenda rule was enacted after State Ombudsman George Brouwer warned of the patent scope for corruption. But the new agenda rule don’t go far enough.

Cr Bruce Harwood, a former mayor, insists there’s nothing untoward in the briefings. He claims that in his eight years as a councillor he’s not seen nor had any knowledge or even any suggestion of illegal or improper behaviour, secret deals done or changing of recommendations from officers.

Three years ago, ratepayers will remember, Cr Harwood, then a police detective, was investigated but cleared by the Office of Police Integrity over his role chairing a meeting that approved a nightclub extension for Home House owner Darryn Lyons; this, after holidaying on his yacht on the French Riviera.

He acknowledged in this paper yesterday that the council had abided with the Ombudsman, VCAT and other like government statutory body decisions.

What we don’t understand is why he or the council aren’t interested in sharing what they know with the ratepayers who voted them to office – and who may be affected by the decisions made from information and recommendations offered, garnered or changed at these briefings.

The State Government has offered lip service only with the new agenda rule and the council is similarly reluctant to engage the public. Again, we have ask, what is there to hide?”

We at glen Eira would take this even further and suggest that on the evidence of the records of ‘assembly of councillors’, the public is kept totally in the dark. For example: the minutes of last meeting record an item from the assembly of councillors as ‘exchange of emails’. Yet Lobo felt it necessary to oppose the acceptance of minutes (he got confused over council/special committee minutes and assembly reports) and asserted that this phrase should be retitled ‘racism’. So, we the poor suffering public only get a glimpse of what is really going on. But it’s even worse when one considers the fact that not only are such meetings closed to the public, but even advisory committee meetings are also conducted in secret. Only the environment advisory committee has external community members – all the rest are a closed shop. All of this is unfortunately ‘legal’ – it depends on the ethos, culture, and mentality of each individual council as to how they will interpret and implement the legislation. This is where our councillors have been a total failure in allowing the continual erosion of democracy in this council.

Judging by the report tabled at last Wednesday night’s council meeting regarding the ‘discussions’ that have taken place between the MRC and Glen Eira, we can only conclude that the role and involvement of councillors has been practically non-existent. The report makes two things pretty obvious –

  • The real responsibility in these discussions lies with Newton and the CEO of the MRC – yet there has never been a formal public resolution by councillors to cede such authority to Newton
  • Councillors have been relegated to superficial issues such as deciding on toilets, playgrounds and whether these should have a place in the centre of the racecourse!!!!

Did anyone complain?

Did anyone suggest that councillors should be an integral part of ALL strategic discussions especially in something as important as this piece of land and the C60?

Were they denied access to these discussions? If so, why and by whom?

Were they even informed that such discussions were taking place?

Were they informed as to the outcomes of each discussion? If they were, then why did Penhalluriack see the need for this ‘request for a report’? Was it only to ‘report’ to the community or to councillors themselves?

Why have the public been kept in the dark? What, if any, cosy little arrangements have been determined?

How many phone calls, emails, etc. have flowed between the two CEO’s or their direct subordinates? This of course is not listed in the report!

Don’t people find it strange that according to the report Newton and the MRC CEO met on 7 occasions without councillors or officers present? That officers were present in other meetings between the CEOs on two occasions? Where were councillors (apart from the Mayor on two occasions)in all this?

Once again, councillors (and by extension the public) have been neatly hobbled and excluded from  important ‘negotiations’ and strategic planning. All the important bits have been left to Newton! Is this ‘democracy’ at work we ask?

Front Page – Whitehorse Leader – October 27th, 2010

City fails its people

Residents want independent audit

WHITEHORSE ratepayers have slammed the council over a lack of transparency, excessive rates and wasteful programs. At a heated public meeting last week residents demanded an independent audit into council conduct for ‘‘failing the community’’. The three-hour forum saw residents pack into Manchester Unity Hall in Blackburn.

Among issues raised were inappropriate developments, executive salaries, protection of open space and community consultation. All 10 councillors were invited to to present the council’s case but none attended. Whitehorse Ratepayers and Residents Association president Bill Bennett blasted the council’s performance.

‘‘A lot of people here feel they don’t have a voice and that’s a real shame in this so-called democracy,’’ he said.

‘‘The council is a stumbling block and they are not wanting to hear what the community has to say.’’

Mr Bennett attacked the rate rise of a set 6 per cent over five years as residents struggle with the soaring cost of living.

‘‘We looked long and hard as to why this rate increase was justified and we haven’t been able to find any reasons,’’ he said.

Blackburn resident Roy Lloyd said an independent review of CEO Noelene Duff’s performance and council’s management was crucial to restoring ratepayer trust. ‘‘It requires a total change in attitude – unless something like this happens we will just be hitting our heads against a brick wall,’’ he said.

Whitehorse Mayor Bill Pemberton said the association claims were unfounded.

‘‘We spend a lot of time providing detailed responses, which means officers are taken away from other roles,’’ he said. ‘‘We work very hard to make things available as required under law for us to be transparent when it comes to costings and accountings.’’

Cr Pemberton said Whitehorse had less general managers on high salaries than most of the neighbouring councils. He said the past two budgets had been the best deal struck for residents. ‘‘We try to engage the community as best as possible.’’

2006

Joyce Park –  $1,069,000

Princes Park Pavilion – $1,972,000

Caulfield Park – design – $258,000

Bricker Pavilion – $1,782,000

 2007

Marlborough St. Reserve – $235,000

Swimming pools manager – $260,000

Caulfield Pavilion – $3,833,000

Caulfield Landscaping – $1,773,000

Murrumbeena Reserve –   $539,000 

2008 – 2010

Princes Park – Sussex Rd. Carpark – $400,000

Sportsground Lighting – $1,500,000

Duncan McKinnon – $700,000

King George Reserve – $250,000

Koornang Park – $292,000

GESAC – water slides – $568,000

Packer Park – $450,000

Princes Park oval – $600,000

Victory Park Oval – $300,000

GRAND TOTAL  –    $16,781,000.

  • Lobo got the ball rolling by questioning the accuracy of the record/minutes of assembly. He noted that the reference to communication via emails should read ‘racism’.
  • On Item 9.1 (5 storey development) Lipshutz used the term ‘appropriate’ at least 5 times in the space of 10 sentences. Pilling concurred. Passed unanimously.
  • Items 9.2 and 9.3 were passed. Magee voted against item 9.3. The basic argument was that these items were really only ‘housekeeping’, the land was not really valuable as open space/park, since it was behind a brick wall, no-one knew about it, and hence too late to do anything about it since it wasn’t in council’s control – although they had ‘authority’. PITY THAT THE PUBLIC WASN’T PREVIOUSLY INFORMED THAT THERE IS A COURT CASE PENDING BETWEEN THE OWNERS!!! Seems that this little detail somehow escaped the Officers’ report. Perhaps Glen Eira Debates should take some credit in prompting this tiny tit-bit of information into the open?
  • Farce of the evening was the self-congratulatory performance of nearly all councillors who actually thought they were conducting a ‘debate’ on the financial statements and the prioritisation of capital works. Perhaps ‘debating’ sessions should be given to councillors in conjunction with refresher courses on governance as recommended by the Municipal Inspector?
  • We’re told that the item which generated most ‘debate’ was Esakoff’s ‘urgent business’ relating to potential state government regulation on pruning of trees near power lines. Esakoff moved that GE provide $30,000 for ‘fighting fund’ in conjunction with other councils and MAV. Magee opted for the ‘wait and see’ approach. Pity that such ‘debate’ and ‘spontaneity’ cannot be directed to more pressing issues that impact severely on residents.
  • 2 public questions were taken ‘on notice’ and one was declared inadmissable as it did not refer to a councillor in the performance of his duty as councillor. A question directed to senior executive was also taken on notice. Will be interesting to see how long it takes for these ‘answers’ to surface!

Apparently there were also numerous occasions when several councillors did not know correct procedures as to asking questions of officers (Esakoff); being allowed ‘Right of reply’ on behalf of someone else (Magee); speaking to agenda item (Lobo). After two years, and for some many more, is it asking too much that councillors are au fait with their own local law and its Meeting Procedures? Even Tang we’re told had to defer to the wisdom of Burke!

A comment received by Streuth –

Streuth, this site brings to light facts that should have been known to us, the voters, before the Council election. Let’s talk about Cr Michael Lipshutz. In his election material he promised nothing beyond saying how good he is and in how many different organisations he has been involved in and lead. He did not mention that in many instances, when he reached the leadership role there was a ‘revolt’ and he was replaced soon after or he resigned. Examples abound: President Bnai Brith Anti-Defamation Council, President JCCV, and the latest one now President LionFM.
We have to ask, why a person with an excellent background, education, so much knowledge, and practical experience, is perhaps being booted out from so many different community organisations? After all, Michael is a Community Worker most of his life and knows how communities work. A clue to the man is in an interview Cr Lipshutz gave to Jewish News jewishnews.net.au/news/2009/06/22/a-love-of-work-and-community/2102. Here are a couple of quotes:

“…when I was a kid I always said I would become prime minister -– people remind me about that today.”

“I considered a political career, but there wasn’t enough money in it and the future was too uncertain -– not a great option when you are married with kids. I have always enjoyed the law, so that was where I headed.”

Ambition and aspiration are excellent motivators to do things in life and should not be the basis for criticism. And I am not critical of Michael Lipschutz in having ambitions and aspirations for high Public Office or for making more money to better himself and family. However, the way one goes about fulfilling ones own ambitions and aspirations do matter in all public life as it affects other people’s lives and relationships. It is the how of doing things that brings into focus the ‘spat’ between Bram Presser and Michael. Here are a couple of quotes from Jewish News on Lion FM:
“…from the very beginning it was apparent that the station – supposedly an asset for us all – was being run in a somewhat questionable manner by people with no radio experience and a political agenda to push.”
“It was drafted as if everything to do with Lion FM was top secret – as if the executive were running ASIO or the CIA rather than a simple, inclusive community radio station.”

Now a similar thing happened at the Council, when Michael was first elected in 2005. He got 6 Councillors together at his home and essentially they seemed to form a voting clique to ensure that there is always a majority and collusion on issues of interest to that group. How would you feel being left out as Cr Robilliard, Cr Spaulding, and Cr Staikos were? Not only that, this kind of collusion is also a vote of no confidence in the CEO. As it happened ALL of them are liberal party supporters. Result is that no Councillor outside that clique has ever been elected to be a Mayor. Hey, the electoral democracy has gone out the Council chambers by that totally undemocratic act soon after the election. Stuff that, I cannot see ANY benefit in that for the community.

The other problematic example is the “No surprises Policy”, which seems to include the debate in the chamber. In fact there is no free wheeling conversation, discussion, polemic or debate of any kind in the Chamber. And the great Cr Lipschutz acts as though the Council Chamber is ‘his eminence Court’. He argues as though he is the judge e.g. On the one hand it is this … On the other hand it is that … On balance of probabilities I decide that it is whatever … Michael, this is not the way it should work. This is WRONG, WRONG, WRONG.

Council Chamber, when considering items for quasi judicial decisions must engage each Councillor to present his/her independent view on an issue at hand with an open mind and NO pre-apprehension or prior collusion. It MUST NOT be manipulated behind closed doors to have a pre-judged outcome. The outcome must be determined by a vote that looks and feels like it’s coming from independently minded members of the Council. After all, that is the essence of the ‘Winky Pop’ case. Michael if you want a good judicial example of how it should work, then look at the way Full Bench decisions of the Supreme Court or High Court are made. Each judge considers in depth and argues their position of the issue at hand and then votes. And just to make it absolutely clear why it is done that way – in Latin argure means to clarify! Council Chamber is NOT a single judge Court like a magistrate Court for you to show your brilliance, or fulfil your ambitions to be in charge (e.g. prime minister). By doing what you are doing, you are destroying the environment for clarification of complex issues for the public to understand. That is ROTTEN, ROTTEN, ROTTEN.

Councillors must come to the Council Chamber with carefully considered factors brought to their attention and researched by each Councillor independently. And then at the Council meeting each one is to argue strongly for his/her view and convince others of the validity, value and importance to benefit the community at large. Clearly, if decisions are to be made to benefit the community at large their views, whatever they are, must be sought and considered. And here your disdain for community views, and lack of sympathy or understanding of, in particular activists’ views, is totally unacceptable and reprehensible. Here are just a couple of quotes:

“The Friends of Caulfield Park commenced by agreeing that the Pavillion was required but then the Council heard a litany of nitpicking negativity. No proposal was submitted and there has been plenty of time for them because the brief was a public document.” (see http://www.caulfieldpark.com/index.html for the extensive work and input by FoCP)

“I would however remind you that I and my fellow Councillors were elected by the people in a fair and contested election. It is we who represent the residents and not the community groups to which you refer.” (Mary Walsh question cited FOCP, DOGE, GERA).

Michael, the worst part of this type of attitude and arguments is that you are abrogating the fundamental role of a Councillor to represent and advocate on behalf of your constituency: residents, traders, workers, professionals, etc. Instead you contrast the views of your constituents with the views expressed by Council Officers in their documents and papers. Again, you misunderstand the purpose of such documents. The Officers papers should be regarded as a Primer document for consideration of a particular issue or problem. It is definitely NOT a sacrosanct document that must be adopted. It needs to be analysed, dissected, and together with submissions from community members the issue(s) ought to be considered properly within the context of the issue at hand as well as understand the context of each submitter. For example the Officers submission usually is biased towards their perspective and understanding of the Corporate ethos, which may be totally at variance with the wishes and ethos of the community members! Each community submission may indicate the ‘tip of the iceberg’ of problems the Council may have. Instead you think that people make a “mountain out of a molehill” and you ignore them. You do not communicate with them, or represent them or advocate for them.

You are also forgetting that most of those that decide to write in are probably professionals in their own right and do a great service to the Council by responding and providing an input. If you would bother to value (in money terms) the input the Council receives by community members, just as you do it in your own professional capacity then you may have had some appreciation of the value of the work, effort, time and in many instances money involved in making a contribution to Council deliberation. Each submission is probably worth thousands of dollars. And what do you do Michael? You ignore them. You do not communicate with them. You are showing yourself as an arrogant, rude, with a ‘born to rule’ mentality. SHAME, SHAME, SHAME on you.

As I read what I have just written I begin to understand “why a person with an excellent background, education, so much knowledge, and practical experience, is being booted out from so many different community organisations?” I think Curious is correct in saying that you are clearly not cut out to be a Politician or be a Community Leader in any way, shape, or form. The best thing you can do is to RESIGN, RESIGN, RESIGN or CHANGE, CHANGE, CHANGE right now. Otherwise, you will suffer the indignity, ignominy and wrath of the community at the next election if you try to be re-elected.

PS. You have been a ‘mentor’ to Steven Tang for a long time. And he has followed in your footsteps. I think your mentoring has ethically disfigured this young man. The Frisbee case is another case of clearly young people having the support of an influential senior person that feels wrong on ethical grounds even if it is legally correct. It encourages flouting of the law. Surely, you do not subscribe to that? Please do it right for yourself, your family, your friends and the community.