Carol Altmann – The Terrier

News today about the ructions within the local Liberal Party branch was interesting on all sorts of levels, including the fact it exposes – yet again – the thick ties between the Warrnambool City Council and the Warrnambool Racing Club.

Let’s check the count so far. If you have been reading The Terrier:

Cr  Kylie Gatson: We already know that Cr Kylie Gaston ran for the Labor Party at the last state election and Labor Racing Minister Martin Pakula was the main force behind ensuring the Warrnambool Racing Club got what it wanted from the council in accessing Levy’s beach for large-scale racehorse training

Cr Peter Hulin: We already know that Cr Hulin, who supports the Levy’s move, was a former Liberal Party member but handed out how-to-vote cards at the last state election for former MP and racehorse owner James Purcell, whose son, Aaron, is a local racehorse trainer.

Cr Sue Cassidy: We already know Cr Cassidy, who supports the Levy’s move, is married to David Cassidy who operates sign company, Cassign, that sponsors races at the Warrnambool Racing Club. Liberal Party member Peter Herbert, the mayor’s brother, is a mate of David’s and not very happy about the “plover lovers” – as he likes to call them – who are opposed to racehorse training at Levy’s because the endangered Hooded Plover nests there.

Mayor Tony Herbert: We already know Cr Herbert, who supports the Levy’s plan, chairs the council’s Visitor Economy Advisory Committee that includes Warrnambool Racing Club CEO Peter Downs.

And now, in today’s story, we have Mayor Herbert also turning up as a rusted-on member of the Liberal Party where the chairman of the Warrnambool Racing Club, Nick Rule, is a significant player.

Mr Rule owns a racehorse with Federal Liberal MP Dan Tehan.

In his maiden speech in Federal Parliament, Mr Tehan thanked Mr Rule for being part of the Liberal fundraising team that saw him elected to the seat of Wannon.

Now Mr Rule, as chairman of the Warrnambool Racing Club, has to deal directly with the council – and Mayor Herbert in particular – to get the approvals that are still required to allow racehorse training at Levy’s Beach.

The fact they already share a connection, through the local Liberal Party branch, might explain the letter sent by Mr Rule to the Mayor on January 16 this year.

This was an important letter.

It was asking the council to provide consent for the racehorse training and assurances to the Environment Minister that this was in line with all coastal and marine management plans and policies.

It also asked for the council executive staff to be given the power to issue training licences.

These were both “critical” requirements, Mr Rule said.

Despite the importance of this letter, Mr Rule didn’t even bother to sign it or put it on Warrnambool Racing Club letterhead.

It arrived, unsigned, from Hammonds Paints, where he is managing director.

“Hi Tony…..As per our discussion earlier today…..

Kind regards, Nick.”

There is such a lack of formality, such an expectation of being heard without having to be all official about it, that all that is missing is “maaaaaatttteeeee”. (You can see the full letter here).

Lo and behold, the letter was tabled and dealt with by the council just 17 days after it arrived. (By contrast, the residents in south Banyan St lobbying to have street trees planted have been waiting about four years.)

The same fast-tracking happened last December.

Mr Rule wrote a letter to Mr Herbert on December 10 – this time it was signed and on WRC letterhead – saying the club had asked the Planning Minister to change the planning rules so racehorses could train at Levy’s. If the change went ahead, the club wanted the council’s support as well, the letter said.

“This is a matter of great urgency,” Mr Rule wrote.

No problem! Kazaam!

The council called a special meeting and gave almost unanimous support (vote: 6/1) on December 21 – just 11 days later.

I remember, in 2014, I needed council permission to place a scissor lift and five witches hats near the Robert Ullman whale mural, in East Warrnambool, which was being restored over a weekend.

The little permit took more than a fortnight to be processed.

Like the people waiting for their street trees in Banyan St, I obviously don’t have the right connections.

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Carol Altmann – The Terrier

The Warrnambool City Council is claiming its budget is tight, yet it spent more than $10,000 to send seven people – including the CEO of the Warrnambool Racing Club – to a tourism conference at a Mornington Peninsula resort last July.

The council has confirmed two councillors, WRC chief Peter Downs and four council staff attended the Victorian Tourism Industry Council annual conference held at the RACV Cape Schanck Resort from July 30-31.

The council has put the total bill for the conference at $9034, including $3934 in accommodation and $4830 in conference fees and only $270 in food.

I have received reliable information, however, that the final cost also included more than $1000 in drinks in the resort’s Lighthouse Lounge and more than $400 on meals and drinks in its cafe.

A council spokesman said “any food /drinks beyond (the $270) would have been settled by the individual(s) themselves as a personal expense”. Perhaps the big drinks bill was repaid, but I have not seen any evidence of that.

Those who attended the conference included now-mayor Tony Herbert, who is chair of the council’s Visitor Economy Advisory Committee, fellow committee member Cr David Owen (both funded their share through their councillor allowance), the council’s head of Visitor Economy, David McMahon, and three other council staff from Visitor Economy.

The final delegate was racing chief Mr Downs, who nominated and was chosen to join the council’s Visitor Economy Advisory Committee when it started in May 2017.

The conference, by the way, included sunset drinks at the St Andrews Beach boutique brewery which has been converted from first class racing stables and was worthy of a tweet from Mr Downs (see below).

There are two things about this story that don’t sit right.

First, as we know, the council is surveying ratepayers right now as part of a process to try and lift rates above the 2.5% cap.

The council is saying that it must save at least $700,000 a year for the next three years and the only two options we have been given are to either cut services, or raise rates.

Given this, what a double-standard – or perhaps a better word is insult – for the council to have sent seven people off to Cape Schanck to learn the latest in tourism trends, funded by an obviously healthy professional development budget.

The issue here is not only the money, but the mindset: while ratepayers have to expect cuts to services like childcare, council networking opportunities can roll on as normal.

The second unsettling aspect of this story is the inclusion of Mr Downs.

It is no secret that Mr Downs’, as CEO of the WRC, has been a major player in pushing for commercial racehorse training at Levy’s Beach, in the Belfast Coastal Reserve, and lobbying to make sure this happened.

In fact when Mr Downs was chosen for the council committee in 2017, it was just eight months after racehorse training was banned at Levy’s because of concerns raised by Aboriginal Victoria and the push by the WRC to get racehorses back on the beach was in full swing.

This council doesn’t seem overly fussed by potential conflicts of interest around the racehorse training issue, but I would have thought the decision to appoint Mr Downs’ to the visitor economy committee in the first place – given the political context – was questionable.

The issue here is not that Mr Downs has done anything wrong – he is only taking what is offered – but that the council considers all of it acceptable.

On any measure, Mr Downs has been given the sort of out-of-hours access to key members within council that others could only dream of, if they were lobbying in the same manner.

In this case, it has even paid the bill.

According to a lengthy council statement in response to my questions, Mr Downs was chosen for the conference after the council asked for “expressions of interest” from all six community members of its visitor economy committee and only Mr Downs responded.

The statement also says it is appropriate that Mr Downs is on the council committee, because the WRC is a significant player in the local economy and tourism.

Further, the council says, nothing about racehorse training or the Belfast Coastal Reserve Management Plan has been raised in the committee meetings. Nothing at all? Really? What about before the meetings, or after?

By coincidence, the final Belfast Coastal Reserve Management Plan, which said racehorse training should resume, came out during the tourism conference.

Was this hot potato raised during drinks at St Andrews brewery or over dinner at Cape Schanck? We don’t know.

We do know, however, that Cr Tony Herbert – within three days of becoming Mayor on October 29 last year – placed sorting out the racehorse training issue at the very top of his to-do list.

You can read the full council statement on this whole issue here. 

In a nutshell it justifies the conference by saying the council values professional development opportunities, that the funds came out of a professional development budget and that there were several important outcomes, including: a follow-up meeting by VTIC in Warrnambool, a range of new marketing tactics, valuable networking and contacts, and passing on “key learnings” to other staff and councillors.

Worth every cent? I will leave you to decide.

(Mr Downs was contacted for comment last week on this piece. He is yet to respond.)

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By Carol Altmann

Like him or dislike him, long-serving Warrnambool City Councillor Peter Hulin exposed a simmering issue inside council this week when he spoke out on the “bullying by exclusion” that has kept him from ever being chosen as mayor.

As Cr Hulin told Standard reporter Rachael Houlihan, he didn’t even bother to run for mayor this time around because he knew he didn’t have the numbers on council, and he was right. He also no longer sits on even one council committee, having been excluded from those too.

Cr Tony Herbert, who was selected as mayor on Monday and who chairs not one but two council committees, was in the box seat for the mayoralty all along and Cr Sue Cassidy will get her chance next year.

Because as we now know, Warrnambool no longer selects its mayors based on years served, or council experience, or even popularity among the voters.

If it cared about experience, Cr Robert Anderson would not have been chosen last year, his first year on council, over Cr Hulin who has now served 10 years.

And if it came down to the will of the people, Cr Hulin would have had a turn by now too.

In 2008, when he first joined council, Cr Hulin polled 2078 first preference votes – second only to Cr Rob Askew on 2260 and well ahead of Crs Mike Neoh (1578) and Jacinta Ermacora (1348).

Both Crs Neoh and Ermacora (who is no longer on council) have been mayor.

The second time he came up for election, in 2012, Cr Hulin scored 2250 first preference votes, almost double that of newcomer Kylie Gaston on 1210. Cr Gaston went on to be mayor too.

And at the last council election, in 2016, Cr Hulin came in fifth but was still the preferred first choice of 1519 voters, which was a higher first preference vote than Cr David Owen (1206) and not far from Cr Gaston (1800). The two candidates elected behind Cr Hulin were, wait for it, Cr Tony Herbert (1456) and Cr Robert Anderson (1058).

Despite being in their first term as councillors, Cr Anderson and Herbert have now both been mayor too.

Cr Hulin has every right to feel angry, but so do the people who voted for him – consistently – election after election, since 2008.

These voters clearly want his voice in the mix, they want him to have the same opportunities as his other council colleagues and they believe he has something to contribute.

For the other councillors, aided and abetted by powerful forces within the council itself, to continually exclude Cr Hulin from the spheres of influence because he doesn’t fit with their particular style or agenda, is to take a gouge out of democracy.

It is also basically a big “stuff you” to those who vote for him.

Being mayor of a city the size of Warrnambool is no longer about ribbon cutting and wearing a big robe with a big medallion, although I think Cr Anderson thought it was because, with all due respects to him, he was unremarkable as a mayor.

It is now a job with a $70,000-plus a year allowance that relies on a mayor being able to promote the city, lobby for the city, ask questions of the city and put the city’s best interests first.

There are many things I disagree on with Cr Hulin – his support for racehorse training at Levy’s Beach and looking at enclosing the harbour are just two of them – but there is little doubt he has a passion for Warrnambool.

He also asks tough, detailed questions, and surely that sort of inquiry – too often dismissed as being “negative” – is just what we need to keep our council accountable?

Cr Hulin could be a disappointment as mayor. He may stand up in public and make bad jokes about FIGJAM, who knows? But to be excluded from ever having the opportunity to spend even 12 months in the role sends a chilling message that unless you play a certain way, you will be frozen out, and that should be of concern to all of us.

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By Carol Altmann

The Warrnambool City Council’s handling of racehorse training at Levy’s Beach is turning into a trifecta of trouble that should have us all seriously concerned about how the council operates.

Let’s check the form guide as the council prepares to meet tomorrow night (26/10) to revisit a decision it made just 11 days ago to – illegally – issue permits to allow commercial racehorse training at Levy’s from December 1.

Race 1: The Law-Breaker Stakes

The WCC broke the law and has been breaking it for years.

This may sound dramatic, but it is true. The Warrnambool City Council has enabled racehorse training at Levy’s for years without ever checking if it was breaking its own planning laws.

It was.

The entire Warrnambool Planning Scheme is a serious document. It is enforceable by law and its whole purpose is to make sure that we all know the rules and we abide by them. We trust our council to make sure this happens regardless of who we are, how much money we have, or what influence we might bring to bear.

Despite this, the council did nothing when racehorse trainers started to turn up at Levy’s Beach well before trainer Darren Weir’s Melbourne Cup success in 2015 and well before anyone started to talk about a Belfast Coastal Reserve Management Plan.

These trainers, we now know, were breaking the local planning laws and the rules around what is allowed in a coastal reserve, and they continued to do so until so many of them began turning up along the beaches between Killarney and Warrnambool that it was impossible to ignore.

Council CEO Bruce Anson has tried to justify the WCC’s ignorance of its own laws by saying when Environment Minister Lily D’Ambrosio stepped in in late 2016, giving an order to say the council could issue licences to trainers, they blindly followed. (You can see Ms D’Ambrosio’s order here).

Nobody at council checked? Nobody challenged this? Nobody thought that perhaps the Environment Minister didn’t have the power to ignore the Warrnambool Planning Scheme?

(I wonder if the WCC would be so subservient if the Minister granted free car parking across the city? Hmmmm.)

A planning scheme can be altered one of two ways: by the council (a process that can take a year), or a Planning Minister declaring the matter of such importance that they change the planning scheme. Ms D’Ambrosio is not a Planning Minister.

It is not a decision to be made lightly, which bring us to the second leg.

Race 2: The Who-Gives-A-Stuff Cup

The council knew it was breaking the law, but raced on anyway.

Word has been leaking out of council this week that concerned council officers tried to raise the alarm back in February this year about the legality of racehorse training at Levy’s and nobody listened.

I absolutely trust my sources on this and I trust them even more in light of what happened at last Monday night’s council meeting.

That was when we saw, in unprecedented scenes, four of the seven councillors vote in favour of issuing training permits for Levy’s despite being warned they were breaking the law.

That warning came from the Victorian National Parks Association (VNPA) to Mr Anson in late September and directly to councillors via email on Sunday night.

The council’s own legal advice arrived this week, confirming it was in breach of the law.

As Shannon Hurley, from the VNPA, said today, the VNPA’s legal advice confirmed “commercial racehorse training has never been allowed within the reserve and so should have never been allowed to explode”.

“It is (also) not a ‘balanced use’, it is the opposite, because it was never allowed in the first place.”

Crs Kylie Gaston, Tony Herbert, Sue Cassidy and Mayor Robert Anderson didn’t care about any of this, it seems, because they cracked the whip and pushed through the vote on Monday night.

Which brings me to the final leg:

Race 3: The Nothing-to-Declare Handicap

The conflict-of-interest rules in Local Government are pathetic and because they are pathetic, our councillors need to be stronger.

We saw just how pathetic the conflict of interest rules were on Monday, when Cr Gaston was able to sit at the council table, move the motion on the Levy’s permits and vote on those permits, all while being an endorsed Labor candidate.

The racehorse training at Levy’s is being pushed by the State Labor Government and Cr Gaston wants to be a Labor MP, yet there is no conflict of interest under the Local Government Act.

The week after Monday’s vote, Cr Gaston was campaigning in Portland with Minister Lily D’Ambrosio (mentioned above), yet there is no conflict of interest under the Local Government Act.

Cr Sue Cassidy’s partner runs sign company Cassign, which is a sponsor of the Warrnambool Racing Club and has sponsored several races, yet there is no conflict of interest under the Local Government Act.

The council hosts a hospitality marquee (which we pay for) each year at the May Race Carnival and yet there is no conflict of interest under the Local Government Act.

It stinks, yet not one councillor at Monday night’s meeting raised any of these concerns.

Nobody leapt to their feet and challenged Cr Gaston on how she managed to wear two hats within 24 hours, or how it looks when Cr Cassidy’s family business is a supporter of racing, or how the council can hope to make an impartial decision on racehorse training when it hangs out at the May races.

As we know, there is the letter of the law, and the spirit of the law, and right now the council is running dead last on both.

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OPINION

As Warrnambool ratepayers prepare to swallow a 5.5 per cent rate rise this year, revelations that the Warrnambool City Council spent $17,000 on a hospitality tent at the May Races will be hard to digest.

A request by Cr Peter Hulin for more information about the council’s marquee at the 2014 May Races has revealed that $17,036 was spent on wining, dining and entertaining 90 guests.

The breakdown includes $3762 for food, $1489 for drinks, $4950 for members reserve tickets and wristbands, $6610 for the marquee (including staff, decorations, chairs etc) and $225 for racebooks.

And the potential cost could have been as much as $25,000, as 168 invitations were issued but only 90 accepted.

The WCC’s policy on the event, which has been included in this week’s meeting agenda, says the hospitality is intended to show the council’s support for the May Racing Carnival, while also promoting the 142-year-old event to politicians, key bureaucrats and regional leaders.

It is also, apparently, a great place to do business: to discuss “strategic projects” (presumably in-between races), and to develop “organisation to organisation” relationships, whatever that might mean.

I don’t know if you received an invitation to the marquee , but those who did included:

• 24 members of council and their partners (including each councillor, the CEO, Mayor and directors);
• 12 state and federal MPs,
• 9 senior government bureaucrats,
• 65 regional leaders (including South Coast Board members, Wannon Water executives, senior police, senior health executives, the Deakin University Vice-Chancellor and South-West TAFE CEO);
• and two of Cr Brian Kelson’s business associates.

Another 56 people described as “groups and individuals working closely with council” were also extended the opportunity to enjoy a day by the track.

This group included representatives of Maddocks Lawyers, a Melbourne-based legal firm that describes itself as one of the top 20 law firms in Australia and who, presumably, represents the council. I am not sure why top-of-the-town lawyers need to be wined and dined as part of developing “organisation to organisation” relationships.

This final group also included the President of Commerce Warrnambool, a position currently held by Tony Herbert.

I find this intriguing for two reasons: first, that Commerce Warrnambool – at the time of the May Race Carnival – was deep in discussions with the council about its proposal to hit traders with a new compulsory levy to raise $3 million over five years to fund its activities. Indeed, the motion to set the levy in train was passed by the council just a fortnight later.

Being invited into the WCC hospitality marquee in the lead-up to that decision is the sort of access that traders fighting against the levy can only dream about.

Second, Commerce Warrnambool has argued that it needs funds from the levy to, among other things, act as a lobby group to council, but it appears that it is already well and truly “inside the tent”.

We don’t know, as yet, who actually made up the 90 people who attended the marquee and if they included Mr Herbert, who yesterday declined to say whether he accepted the invitation or not, or Cr Kelson’s two unnamed business associates.

But what we do know is that such corporate largesse is difficult to justify when so many people in the south-west are struggling to make ends meet.

And it is even harder to justify when rates are rising at almost double the rate of inflation and double the interest rate on most savings accounts.

Wining and dining has long been a part of how business operates, but we are not talking here about a commercial company like Coles, or Telstra or McDonalds: we are talking about a local council that has you as it shareholders (ratepayers) and which should be leading by example.

I find this sort of corporate partying (aka “networking”) particularly galling when, at the same time as the council’s guests are sipping champagne and nibbling on canapes, there are literacy programs, arts projects, history projects, health projects, environmental projects and many other small, but important community projects all struggling to secure funding from an ever-shrinking pool.

While it must be easy to lose perspective when you are dealing with tens of millions of dollars, as the council does, to each and every one of these community projects, $17,000 is still a lot of money.

No doubt those people who attended the race day had a marvellous time and perhaps even came away feeling a little more connected, inspired and ready to do business with the council, if they weren’t already.

But to me, the corporate marquee revelations are cause for a very bad case of indigestion.