Carol Altmann – The Terrier

What does an illegal sign, a half-built tavern and being woken by trucks at 6.30am on a weekend all have in common?

They are shining examples of the failings of planning laws that are supposed to help protect the rights of Warrnambool residents.

I am sure you have examples of your own, but let me pick out three, including two I know well, because they stem from my own neighbourhood.

The first is a textbook case of “just do it, and ask later”.

It’s the 5m-long, illuminated sign that was installed on the side of Lyndoch Living last November without a permit.

You know the one – Lyndoch didn’t bother to apply for a permit, perhaps thinking nobody would notice, even when it was switched on at night.

Such an illuminated sign is illegal in a residential area, so after complaints to the Warrnambool City Council, it was switched off.

The sign, however, is still there.

It’s still awaiting a decision on a permit lodged belatedly in December.

That was nine months ago*.

“The non-compliant sign remains an open enforcement matter which Council continues to work on,” is how the WCC spokesman put it.

Why hasn’t it been taken down in the meantime? Nobody from the council staff can tell me.

And what have been the consequences for Lyndoch acting without a permit in the first place? Zero.

Just as the penalty for Lyndoch digging a road through a public reserve was zero.

And just as the penalty for Lyndoch failing to apply the parking and traffic plan for its medical hub was zero.

Laws, schmaws. Who cares? Move aside.

All of this has unfolded at Lyndoch while WCC director Andrew Paton sits on its board and former councillor Sue Cassidy is chair. Have they not noticed?

The latest battle for residents around Lyndoch is construction noise from the new medical clinic.

At least five times in the past seven weeks, nearby residents – including a 90 year old widow and a frontline shift worker  – have been woken by noise before 7am weekdays and 9am on Saturday.

This is against the noise laws.

The council, which enforces these laws, has been alerted and has in turn alerted the construction company, Nicholson, but still the breaches go on, including this morning.

Consequences so far? Nothing.

A spokesman for Nicholson said this afternoon that it “places the utmost importance in complying with all regulations including EPA and local Government.”

“We would like to re-assure all residents on Hopkins Road that (we)  take any and all complaints very seriously and would encourage any residents with concerns to engage in direct dialogue with us.

“Nicholson Construction will be contacting neighbouring residents in the coming days….”.

Let’s shimmy across to north Warrnambool and the running sore of the Northpoint tavern/hotel on Hayley Drive which has been unfinished for 15 years.

Fifteen years – is this a record?

This half-built project has been through four councils and is about to ask for yet another extension from a fifth.

Any consequences or penalties after 15 years?

Zero.

What a complete failure of planning laws and what a complete failure to protect residents from a half-built eyesore.

Meanwhile, the average Warrnamboolian is cut no such slack for breaking the rules.

Imagine any of us trying the same arguments as above to avoid, say, an $80 parking fine:

You: “Sorry, I forgot I need to pay for parking.”

Local laws: “Okay. No problem.”

You: “Oops! I need a bit more time. Just another hour and I am on to it, promise”.

Local laws: “No stress. Chill!”

You: “Actually, something has come up, do you mind if I park my car here all day and sort it out tomorrow?”

Local laws: “Great idea. See you then!”

In your dreams.

* I was co-signatory to an objection to this sign in January. In the interests of full disclosure, you can read the objection here.

Carol Altmann – The Terrier

I’ve been thinking a lot this week about how hard it has become to get to the truth, and for people to get answers to even straight-forward questions, like how many Warrnambool City councillors have owned shares in a racehorse in the past four or five years.

This question was put to the CEO as part of public question time at last month’s council meeting and also asked by me directly to each councillor, and we still don’t have a full answer.

Here is what we know so far:

Cr Sue Cassidy told me via email that she had shares in two horses: one, trained by Michelle Payne, she dipped out of in early to mid 2018 and the other, trained by local Matthew Williams, she divested in 2017.

Carol Altmann – The Terrier

Let’s get straight to it. Lyndoch Living is a registered charity that has no right to spend more than $150,000* sponsoring Warrnambool’s Grand Annual steeplechase.

In fact, this immoral deal between our community-owned aged care home and the Warrnambool Racing Club makes a lie of an important promise made by Lyndoch to us 10 years ago.

Let me explain.

Contrary to recent reports, there is no “commercial arm” of Lyndoch that will provide private money for Lyndoch to sponsor the Grand Annual Steeplechase for another three years, having already sponsored it for three.

The race is being sponsored by Waterfront Living, which are the up-market retirement apartments built by Lyndoch near the Hopkins River bridge and which first went on sale in 2014.

Waterfront Living was built by Lyndoch using public money, is still managed by Lyndoch, and remains a full subsidiary of Lyndoch – the board and CEO who look after Lyndoch are also in charge of Waterfront Living.

Waterfront is not some sort of separate, private entity that gets to spend its money wherever it likes. It is a part of Lyndoch, which is a charity.

And here comes the crunch.

Why did Lyndoch build these apartments? To make money to put back into Lyndoch.

Former Lyndoch CEO Rhys Boyle, who retired in 2015, made this very promise to the community when the apartments were built.

This is what he said at the time:

“Every cent made by this project will go back into our business to keep it operational.”

Every cent.

And then this:

“This development isn’t about making profit for profit’s sake. Lyndoch as an organisation can’t be benevolent to our residents if we’re not making enough money to put back into the business.”

 

I added the bold type, because I need to shout these words from the page.

We are being duped.

We now have clear proof – from the very top of Lyndoch – that the money coming in to Lyndoch from the apartment sales was never intended to go toward a horse race.

It was to go toward caring for the residents.

There is no possible justification for such a sponsorship deal, especially when Lyndoch is operating at a loss, which it has done for four of the past five years.

Any money from Waterfront – every cent – is to go back into Lyndoch so the hard-working staff can provide the best care to residents, including things like new, comfortable chairs, quality food, good coffee and yes, a steady supply of sheets, towels and face-washers.

I, for one, have had enough of the spin and the failure of the board to scrutinise every inch of Lyndoch’s spending on our behalf.

The board, if it needs reminding, is there to represent the community who still own Lyndoch, just as we have for more than 60 years.

The board is our voice and they are letting us down.

If there is one thing about our community, perhaps because we are surrounded by dairy farms, it’s that we can smell the scent of bullshite and we know when things are not right.

Sponsoring a horse race with Lyndoch money is not right.

As the ultimate owners of Lyndoch, it is time for the community to speak up on behalf of those who can’t, because if we don’t, we are letting down our loved ones in Lyndoch and we are letting down all of the residents and their families.

You can contact the Minister for Disability, Ageing and Carers, the Hon Luke Donnellan, here: luke.donnellan@parliament.vic.gov.au

You can contact the Lyndoch chair, Kerry Nelson, here: knelson@mpower.org.au

And you can contact the Australian Charities and Not for Profits Commission here: https://www.acnc.gov.au/raise-concern

I wish I could say this was the end of the Lyndoch stories, but there is still a long way to go before everything is out on the table.

More soon.

* the cost of the sponsorship has never been declared by Lyndoch, but is believed to be around $80,000-$100,000 for each three-year sponsorship.

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The Tip Jar

Carol Altmann – The Terrier

With aged care under the pump, it’s hard to believe Lyndoch Living spends tens of thousands of dollars sponsoring the Grand Annual Steeplechase and hiring a marquee at the Warrnambool May Races.

Details of the deal are not public, but it means potentially around $160,000 – if not more – will have been spent on supporting gambling via race sponsorship and corporate hospitality for selected Lyndoch staff, guests and residents.

When did supporting gambling become a core value of Lyndoch aged care, which is a registered charity and a public benevolent institution?

Just as with Lyndoch’s plan to build a multi-million-dollar medical centre, the appropriateness of this deal is also the subject of complaints to the Australian Charities and Investment Commission, which will make an assessment.

The close ties between Lyndoch and the Warrnambool Racing Club also raise potential conflicts of interest, which I will get to in a moment.

First, however, it has emerged that while members of Lyndoch’s hierarchy were enjoying the May Races this year, life was less glamorous back at Lyndoch itself.

The daughter of one resident was, at that time, spending each day in Lyndoch to watch her Mum because she had taken to falls and there was not, allegedly, enough staff to keep an eye on her.

To protect the privacy of the resident, I am not revealing this woman’s identity, but I have spoken with her several times and she is a highly credible source.

The woman in question took a week off work to spend seven days straight, from 7am in the morning until 10pm at night, in her mother’s room at Lyndoch because, she told me, she could see the staff were “literally running” to keep up.

Many staff, she says, were not able to take their breaks.

The situation was compounded by the wing being in lockdown due to an outbreak of influenza, which meant an additional burden on staff, such as feeding all residents in their rooms.

While the woman could see the staff were “doing their best”, it was clear that if she wanted a close eye kept on her Mum while the doctors sorted out her medications, it would be better to watch her herself.

Spending hours each day with her Mum was a commitment she was prepared to make, but then she scrolled through Facebook and saw Lyndoch posts of CEO Doreen Power and chair Kerry Nelson at the May Races.

Judging by the Facebook posts, some Lyndoch executives including Ms Power didn’t attend just one day of the carnival, but at least two.

The woman, to put it plainly, was absolutely furious.

She arranged to meet directly with Ms Power to express her concerns around Lyndoch’s handling of the lockdown, the alleged staff shortages and the impact on her mother’s care, but, she says, left that meeting far from satisfied with the CEO’s alleged reactions and responses.

The woman then contacted the chair, Ms Nelson, who she described as sympathetic, as was the Director of Nursing Julie Baillie, but she ultimately came away feeling “very concerned” by the overall response of Lyndoch to her complaints around duty of care.

I asked both Ms Power and Ms Nelson to comment on this woman’s story. Neither responded.

This snapshot of life inside Lyndoch during the 2019 May Race Week brings me back to the question of what is Lyndoch Living doing at the races in the first place?

Were staff on paid time or personal leave? Perhaps this is another example of Lyndoch’s new “core business” in action.

I do know that the relationship between the Warrnambool Racing Club and Lyndoch has become much closer since former club CEO Peter Downs joined the Lyndoch board in September 2016.

It was just four months’ after Mr Downs joined the board that Lyndoch announced its first, three-year sponsorship deal of the Grand Annual Steeplechase.

At the time, the board was at pains to point out that Mr Downs – who had a very clear conflict of interest – excused himself from anything to do with that decision.

This must mean the Lyndoch Living board came up with the whole idea itself.

Lyndoch has since re-signed its sponsorship deal for 2020 and Mr Downs, who now lives in Melbourne and works for Moonee Valley, remains on the Lyndoch board.

The links, however, don’t stop there.

As I wrote in April, Mr Downs and Ms Power also have shares in at least one racehorse, Strategic Force.

Any potential, perceived or actual conflicts of interest there?

Apparently not.

It is these tangled webs and inexplicable decisions that have so many of us outside of Lyndoch worrying about its direction and priorities.

And it is why we will keep asking questions of those in charge, no matter what hurdles are thrown in our way.

The final instalment – before I pick up the thread after Christmas – is coming soon.

In the meantime, I am starting a Foxy Fighting Fund. If you would like to make a small contribution, you can do so below.

The Foxy Fighting Fund

By Carol Altmann

Here is a legal loophole that is so big, you could drive a truck through it: you can be a local councillor AND run for parliament at the same time.

That is, of course, unless your council draws up a policy that says you can’t.

The Warrnambool City Council has no such policy.

This is why former Warrnambool mayor Kylie Gaston could announce way back in May that she was running for Labor at the next state election on November 24 which, at that time, was still six whole months away.

And it is why former Warrnambool mayor Michael Neoh could announce this week that he will run as an Liberal National Independent at the same election, which is still two months away.

Neither he nor Cr Gaston have to step aside.

In fact, technically, they don’t have to step aside until nominations for the state election close on November 8. (Independent nominations close on November 9, so Cr Neoh gets an extra day).

That is another six weeks away.

The current Local Government Act allows this, largely because it still hasn’t caught up with the modern way of doing things, where loads of wanna-be MPs are launching their political careers via the grassroots of local councils.

There is nothing wrong with a person running for local council with a view to bigger things – that’s called ambition – but there is a massive conflict of interest when you decide to run for a state election and hold on to your council spot.

When are you speaking to the media as a councillor? When are you speaking as a candidate? Do the public spot the difference? (I doubt it).

And how can your council profile, all of the free publicity and the behind-the-scenes-access to council business not be anything but a massive boost in an election campaign?

Michael Neoh has been in this territory before, back in 2015, when he ran as an Independent Liberal National candidate while still Mayor of Warrnambool.

The council didn’t ask him to step aside, so he didn’t.

Here is what Cr Neoh said to me in an email at the time:

“I have a campaign car that I use and also non-council equipment.

I am following the MAV policy in regards to taking leave of absence and I do not use mayoral invited functions to campaign.

If I meet with stakeholders outside of Council duties and as a candidate, I make it very clear that I am an election candidate and are not representing council.”

Having seen Cr Neoh get away with it, Cr Gaston has since been following the same map, with her Labor-Party-emblazoned car parked in the WCC carpark while she performs, as Cr Neoh did in 2015, her council duties.

Again, neither Cr Gaston nor Cr Neoh are breaking any rules or laws, they are simply doing what they are allowed to get away with.

Like any savvy politician, they are milking every opportunity to maintain their public profiles, and the council is a perfect platform.

The Victorian Local Government Association is on to this.

It put out eight guidelines for councils, asking that they develop their own rules to manage councillors who run for state or federal parliament.

The guideline that nails it is this: “The taking of leave of absence immediately after nominating as a candidate until the conclusion of the election campaign”.

Simple, huh?

Don’t expect the councillors themselves to suggest the Warrnambool City Council write such a policy. Two of our seven already benefit from not having such a thing in place.

It is up to ratepayers – again – to say this is not good enough, that we are not interested in subsidising councillors’ political aspirations and that we want their mind firmly on the job of running our council, not how they can move on from it.

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