Veteran W’bool City Councillor Neoh falls foul of local laws

An aerial shot of Warrnambool City Councillor Michael Neoh’s family business, Penang Alley, shortly before it opened last December. Image via Penang Alley Facebook Page.

Carol Altmann – The Terrier

You would think after a whopping 16 years as a Warrnambool City councillor that Cr Michael Neoh would know local rules and regulations inside and out, but it seems he has had something of a brain fade around his own family business.

That business is the Penang Alley restaurant at the back of Cr Neoh’s property on lower Liebig St, which opened on Boxing Day and has since operated without a mandatory grease trap, and an illegal back deck that fails to meet building standards.

Whoops!

How did that happen?

Well, part of it seems to be that Penang Alley mysteriously morphed from a ‘pop up’ to ‘permanent’.

When the fake grass and house brick pillars were being installed for the ‘pop up’ last November, I was contacted by competitors who were mightily miffed that a city councillor would set up a temporary cafe to catch the summer trade, when they had slogged it out all winter.

Would Cr Neoh need to install an expensive Wannon Water compliant grease trap like the rest of them, they asked?

And did all of the furnishings meet safety standards?

And how about the wooden deck tacked on to the back? Was it legal?

 

So many questions and, at the time, so few answers, in fact Cr Neoh – at that time – was also mightily miffed…at being asked to explain:

“The business will meet all the necessary requirements for the classified business,” was his only comment to me, via email.

That was in November.

Penang Alley is still there and, as it turns out, it has not met “all the necessary requirements”.

Finding this out has not been easy and has taken months of questions to the council by myself and the Warrnambool Ratepayers’ Association who, I discovered earlier this year, was also on the case.

The WRA finally got some answers, where I got none.

After two months of waiting, I was pretty much told by the council to contact the WRA and ask them for the responses.

(Around and around we go…)

The upshot to all of this pesky persistence, however, is that it was finally confirmed that a 600mm grease trap to catch all the crap was compulsory  – there wasn’t one – and the timber back deck – used by the public all summer – didn’t meet building standards.

In a word, it was illegal.

(Furnishings, surprisingly, don’t have to meet any health guidelines, other than being clean.)

The council told the WRA that these issues are being fixed.

But how did Cr Neoh, who has been on council since George W Bush was President of the United States, not know he was cutting corners?

And more the point, how did he get away with it?

Warrnambool City Councillor Mike Neoh’s blog page on Facebook: he was first elected in 2004.

Penang Alley is within a shoe toss of the council headquarters and fellow councillors (and most likely council staff) have hung out there.

I wouldn’t get away with it – I get WCC notices in the mail saying that I have 10 days to trim my garden bushes that have crept over the fence or the council will come and do it for me at my expense! Take that, daisy bush!

And you, most likely, wouldn’t get away with it either.

And this, let’s be honest, is what grates the most: the double standards, the two sets of rules, the sense that who you are determines what action is taken, or how fast it happens.

Nobody has an issue with a councillor opening a funky little eatery – go for it – but no wonder it has upset those who were forced to spend time and money doing the right thing from day one.

Yep, that’s enough to give anyone a bad case of entitlement indigestion.

I offered Cr Neoh another right of reply before running this piece. He has not taken it up.

I am tip toeing back into the Tip Jar. If you would like to see The Terrier keep digging, please throw what is affordable into the tip jar below. 

The Tip Jar

 




W’bool Mayor Herbert stays put, but council still wobbling

Warrnambool Mayor Tony Herbert has avoided the chop, despite breaking C19 laws, traffic and local bylaws.

Carol Altmann – The Terrier

Sooo, as has been reported by the ABC and The Standard earlier today, our Mayor Tony Herbert will remain Mayor, having not offered his resignation, despite his recently breaking one, two, three…no, four, laws, and taking a hit for the biggest fine, which was breaching the C19 distancing rules.

Cr Herbert was also not officially challenged to step down by Cr Sue Cassidy despite some tub thumping at the weekend.

There are no real surprises here, because:

1. the Mayor was never going to step aside (having come up with a palatable reason for his brain fade);

2. he was never going to be asked to resign (as the majority of his fellow councillors were happy to let this one slide) and;

3. his only challenger – Cr Cassidy – had two votes at best in herself and maybe Cr Robert Anderson.

 

(Crs Gaston, Neoh and Owen were never on board and Cr Sycopoulis and Cr Herbert are politically close as a part of the same faction in the Liberal Party.)

The W’bool City Council also craves at least some modicum of stability, in what are unstable and uncertain times and not just because of the C19.

As was drawn to my attention today – by a reader who runs a forensic eye over such things – there are FIVE senior management positions on the council that are either vacant or have ‘acting’ staff in the role, starting with the Manager of Governance, that reports directly to the CEO.

The head of tourism – remember him? – has seemingly not been replaced since he resigned last July.

The Manager of Community Planning and Policy, who resigned last year, is still listed as being in that role.

So is the Manager of Economic Development and Investment, who resigned in January.

As the reader pointed out, how does this affect the council’s ability to do its day-to-day business?

Well one area, I can tell you, is updating its policies, some of which are years out of date.

One example, again offered by this astute reader, is the council’s whistleblower policy, you know, that little thing that should have protected people like Dr Bernadette Northeast from speaking up about bullying within council.

The document was supposed to be updated in 2016.

The anti-corruption guidelines from IBAC posted on the WCC website are from 2013.

Jeeps. As we know, it is the small stuff that affects the big stuff. You let one thing go, then the next thing falls over, and then the next.

It’s a bit like how one coffee on the council credit card morphs into eye fillet and bottles of cab sav.

Or stuffing up the way people have to pay their pet registrations, which I hear is still causing grief for pensioners who now have to go to great lengths involving forms and Centrelink (two things that are enough to make me want to take to the couch) to prove they’re eligible for a discount.

Let’s not forget that it’s only a couple of months since Cr Mike Neoh went rogue and declared to The Standard that he had “had a gutful of raising issues and not seeing any progress.”

What this means in plain speak is that certain councillors wanted the CEO gone.

Before the C19 descended, I doubt the CEO would have survived a no confidence vote.

So the Mayor will stay on as the figurehead, but the wheels were wobbling within the council itself well before this detour.

The real work starts once the virus lifts and we have to get back out onto the highway. Strap yourselves in.




Credit card rort: Foxy the fact checker goes digging

Carol Altmann – The Terrier

Foxy the fact checker has barged into the office, panting and sweating, with some freshly baked facts about the credit card spending of former W’bool City Council tourism head David McMahon.

Righto, Foxy, do your thing:

Fact: Mr McMahon repaid a total of $5666.85 to the WCC last year, not around $4000 as I thought from adding up the “missing” receipts released through Freedom of Information.

Fact: This is what has been repaid, not what should have been repaid. That figure is still being worked out.

Fact: This $5666.85 was repaid on Monday 5 November 2018, just six days after I lodged my FOI application with the council.

These two facts, which were released via Freedom of Information, took 5.5 weeks and $54 in fees to find out.

The one-page document from the WCC general ledger showing Mr McMahon’s repayment of $5666.84 on 5 November 2018.

What other facts do you have Foxy? Cut loose!

Fact: Mr McMahon repaid the $5666.85 just a few days after a meeting with then-CEO Bruce Anson.

Fact: The council’s Audit and Risk Committee first learned of the credit card abuse when The Terrier published a story on 3 July 2019.

Fact: The Audit and Risk Committee met in November last year, the month of the repayment, but was told nothing.

Fact: Audit and Risk Committee meetings are attended by the council CEO (at that time Bruce Anson), the Director of Corporate Strategies, Peter Utri, the Manager of Financial Services, David Harrington, the Manager of Governance and Risk, Anne-Maree Neal, and an internal auditor.

Fact: On 20 November last year, after the $5666.85 repayment, the council published a six-month report into strategic risks, the chance of them happening, the impact and how to stop them. The $5666.85 didn’t rate a mention.

Fact: The credit card abuse was not reported to IBAC (Independent Broad-Based Anti-Corruption Commission) under mandatory reporting.

Fact: Mr McMahon kept his job…and his corporate credit card.

What Foxy can’t reveal is exactly what the $5666.84 was spent on, because if you are of a certain mind, it’s easy to hide such spending, especially if you know that nobody is looking too closely.

Dinner receipts are easy to disguise, like that for a 10-course tasting menu at a local restaurant under the guise of Fun4Kids. Generic image.

Fact: Unauthorised spending was inserted into invoices, wrapped up into “room hire”, covered up in “catering”, or buried under those two little words, “council business”.

Fact: One of the missing receipts is for a 10-course, tasting menu with matching wines that lasted four hours in a local restaurant that Mr McMahon enjoyed with a Fun4Kids supplier.

Fact: Foxy found another little receipt for $78 worth of car parking in Melbourne on Friday 12 October 2018.

This receipt coincided with the 125th birthday celebrations of St Patrick’s College Ballarat, held at the MCG, which Mr McMahon attended as (now former) secretary of the St Pat’s old boys.

Did we pay for the parking? Probably.

Is that it Foxy? You must be truly fact after uncovering all of those facts.

No? One more? Okay, spit it out:

Fact: there was a third council person at the almost $700 dinner and booze up at the Myrtle Bar and Kitchen on 18 July last year, that included five bottles of shiraz.

It was Mr McMahon.

His name, unlike Cr Sue Cassidy’s, was missing from the receipt submitted to council by City Growth manager Andrew Paton.

Well fancy that, Foxy, fancy that.

Barry the Boolshite Detector has just passed me a note:

Bring on the Ombudsman’s inquiry, signed Barry.”

[Note: the $1476 dinner at Pippie’s was a Sister-City function for people from Miura, Japan. Money well spent? I don’t know. Cr Mike Neoh was part of that event, but says he paid $83 toward the final bill that more than covered his share. He doesn’t drink. Cr Neoh bypassed the usual slog and outlined all of this in an email, two hours after I asked him the questions last Thursday. If only every other question to council was answered as quickly and directly.]

Terrier Tip Jar