Not all councillors angered

From The Herald...

BY MATT CARR AND TIM CONNELL

While a majority of Newcastle City councillors vented their frustrations over lord mayor John Tate yesterday, not all councillors shared their colleagues' strong views.

ALP councillor Sharon Claydon said calls for Mr Tate to step down after Ms Hyam's resignation were excessive.

"It's for the people of Newcastle to decide who their lord mayor is," she said.

"I'm absolutely not getting involved in what I regard as a contest of personalities and egos."

Cr Claydon said the community would ultimately decide whether Cr Tate should remain lord mayor.

"I'm not calling for his resignation. Have they [other councillors] thought through what that entails? It'll be up to the community to make those judgments at the right time."

Cr Tim Crakanthorp agreed with Cr Claydon.

Cr Michael Osborne agreed with other councillors' assertions that Ms Hyam was a major loss for the council, but he was not part of the call for the lord mayor to step down.

"I don't think there's any legal basis for it," he said.

"It's disappointing the lord mayor and general manager didn't have a better relationship, [but] I think there's always two sides to these sorts of stories."

Cr Nuatali Nelmes said after yesterday's councillor press conference that she was not calling for Cr Tate's resignation but had been disappointed by his tense relationship with Ms Hyam.

"I think that contributed to the general manager's resignation," she said.

She appeared to be backing away from her stance earlier in the day, when she joined six other councillors at a media conference at which a prepared statement was read, said to be on behalf of all 12 elected councillors. It said they were equally adamant that Cr Tate had to go.

Councillors Brad Luke and Shayne Connell, who were not at the conference, were unavailable last night.

Nobbys protest over gas drills

From The Herald...

BY DAMON CRONSHAW

A COALITION of environment and community groups protested on Nobbys Beach yesterday against plans to drill off Newcastle for natural gas.

Members of the coalition, called Hands Off Our Coast, gave speeches on the beach before about 80 people.

The protest was part of a global day of action on climate change under the 350.org campaign, which involved 7300 demonstrations in 190 countries.

Lake Macquarie councillor Phillipa Parsons, who leads the anti-gas coalition, said governments must begin the transition towards a "clean, renewable energy economy and away from the fossil-fuel economy".

"They need to stop subsidising fossil-fuel exploration such as proposed offshore gas drilling in Newcastle and invest more in clean renewables," Cr Parsons said.

Advent Energy, which is planning the drilling, said gas was a "transition fuel"as the economy converts to renewable energy.

Advent executive director David Breeze said gas-fired power stations produced up to 70 per cent less carbon emissions than coal-fired plants to produce the same amount of energy.

"We support renewables, but it's abundantly clear that renewable energy in the form of wind or solar power is not capable of meeting power demand," Mr Breeze said.

Cr Parsons described the comments as "absolute rubbish".

"It's propaganda from mining corporations, who stand to profit from continuing the fossil-fuel industry," Cr Parsons said.

"Moving to a clean, renewable economy is doable and the barriers aren't technological, they are political."

Newcastle councillor Michael Osborne said a transition plan had been prepared for Australia to move to 100 per cent renewables in 10 years.

"It's not pie in the sky, we can do it today if there is political will," Cr Osborne said.

The plan was in a report called Beyond Zero Emissions , which the University of Melbourne helped compile.

Vote in favour of show holiday

From The Herald...

BY JACQUI JONES

Novocastrians will have a day off on Friday, March 18, 2011, during the Newcastle Show.

Newcastle City councillors voted 8-4 last night in favour of the holiday.

Patriotism spurred Cr Shayne Connell’s decision.

‘‘It’s un-Australian to vote against an application for show holiday,’’ he said.

Colleague Tim Crakanthorp put an economic argument.

‘‘Many millions of dollars will be lost if this does not go ahead for local people and local businesses that get involved with the show,’’ Cr Crakanthorp said.

Cr Brad Luke was among civic leaders who argued the holiday should not go ahead.

‘‘Councillors, we talk about this each year, about being out of date and archaic,’’ he said.

‘‘One of the best attended shows in the Hunter is the Maitland Show. They don’t have a holiday for it.’’

Show organisers said the holiday provided a significant boost to attendance and economic benefits for the city.

Cr Scott Sharpe said a report to the council indicated that the day off was a problem for the business community.

The business sector said the day off was confusing for employers unsure about whether they were affected, and costly for those who granted it to employees.

Cr Michael Osborne suggested last night the council have a plebiscite at the next local government election, given annual argument in the council chamber.

The council will make an application to Industrial Relations Minister Paul Lynch to proclaim show day.

The Newcastle Show is scheduled from March 18 to 20, 2011.

Council to vote on sister act

From The Herald...

BY JACQUI JONES

Newcastle will forge links with its Japanese sister city Ube in November with a $38,000 three-day civic reception.

The Australian city is hosting the visit as part of 30th anniversary celebrations.

It comes after Novocastrians travelled to Ube in April.

A Newcastle City Council report said the sister city relationship was established in 1980.

Its purpose was to increase international understanding and foster world peace through communication and personal exchanges.

Councillors are being asked to authorise $38,000 spending on the Ube delegates' visit to Newcastle from November 21 to 23.

The itinerary includes civic functions, tourist activities and visiting the Kooragang Island coal-loader.

Meetings at the University of Newcastle, Hunter Business Chamber and Hunter Medical Research Institute are scheduled.

Cr Michael Osborne said $38,000 was a lot of money at a time when budgets were tight.

The council should consider partnering with other organisations to reduce cost.

"Certainly council should put some money in but the ratepayers shouldn't be carrying the full cost of these celebrations," he said.

Cr Bob Cook, who was a delegate to Ube in April, said the idea was feasible, but the council had to ensure the amount was covered.

"The cost isn't unreasonable in the scheme of things," he said. "There's a big benefit.

"These people spend quite a lot of money while they're here."

Cr Cook said cultural, education and business links between the cities would also be forged.

Newcastle council briefed on alcohol and violence plan

From The Herald...

BY JACQUI JONES

GETTING tough on crime and offering diverse activities for responsible patrons would be key to curbing Newcastle's alcohol-fuelled problems after dark, a civic investigation found.

Newcastle City Council is preparing an alcohol management strategy to deal with problems such as street violence and malicious damage.

Councillors were briefed last night on the new policy's progress.

Council place management services manager Deb Alterator said a workshop with 140 stakeholders and a survey netting 777 responses showed that the top three priorities were public safety, maximising night-time offerings and transport.

Key focus areas of the strategy would include increased law enforcement, expanding evening activities and reviewing bus, train and taxi systems.

"The purpose of our strategy being reduce alcohol-related harm and antisocial activities in the Newcastle local government area," Ms Alterator said.

Diversifying the night-time economy, reducing violence and property damage and restoring a public perception of a safe city were key goals, she said.

The council has made provision in its 2010-11 budget for some measures including $115,000 for new closed circuit television cameras, $5000 for signs in alcohol-free zones and areas and $35,000 to develop the alcohol management strategy.

Other planned actions are to develop guidelines governing liquor outlet density and trading hours, and improving lighting and pedestrian routes around the city.

Cr Michael Osborne suggested investigating the feasibility of a licensed premises levy.

"A lot of council resources will go into fixing problems that alcohol consumption is responsible for," he said.

Liveable city director Frank Cordingley said the strategy was a three- to four-year plan.

The council was focusing on things it could achieve now and would then advocate with other agencies and stakeholders for things that needed their support.

"The feeling is, get some runs on the board before we start looking at things like licensed premises levies," Mr Cordingley said.

Civic leaders counting the cost

From The Herald...

BY MICHELLE HARRIS

NEWCASTLE City Council will have to rethink its parking strategy and work out how to cover any holes left in its budgets from lost income after The GPT Group dumped its city redevelopment.

Lord mayor John Tate has called an extraordinary meeting of council for tonight about the issue.

In a mayoral minute, Cr Tate has called for an urgent report on the ramifications of the developer's decision on the council, its budgets and city planning.

Cr Tate said the council had intended to co-ordinate the maintenance of Cathedral Park with the rebuilding of King Street, which was now not a possibility.

The council would need to consider the cost of repairing the park retaining wall, as well as the maintenance costs of the King Street parking station, which the council was to sell to GPT.

It would also need to look at its parking management, including spaces and metering. Cr Tate said the council should also look at whether it had any money it could put towards the Hunter Street mall.

Greens councillor Michael Osborne said the state government needed to show "real leadership" and bring the community together around its plan for light rail in the city.

Cr Osborne said the government, Hunter Minister Jodi McKay and federal MP Sharon Grierson should meet with the council and other MPs to discuss plans for the city.

"There needs to be proper engagement with the community, including stakeholder groups, in order to gain the widespread community support that we need to progress the revitalisation of Newcastle," he said.

Ms McKay said yesterday she would be pleased to attend any roundtable meeting of leaders and she urged the lord mayor to also invite the NSW opposition's Hunter spokesman Mike Gallacher "to provide his input into the future of this great city".

City figs to get the chop

From The Herald...

BY JACQUI JONES

Chainsaws won out over community protest last night with civic leaders giving the go-ahead for Laman Street’s green cathedral to be cut down.

After more than a year’s consideration, most Newcastle City councillors agreed to have 14 Hills figs on the Cooks Hill boulevard removed as soon as possible.

They will be replaced next year with new Hills fig specimens, measuring about 3 metres high.

A packed public gallery held signs pleading for the council to save the trees and booed, hissed and heckled councillors who supported the figs’ removal.

Lord mayor John Tate and councillors Scott Sharpe, Bob Cook, Brad Luke, Graham Boyd, Aaron Buman and Mike King voted for all the trees to be removed and replaced.

Councillors Nuatali Nelmes, Sharon Claydon, Tim Crakanthorp, Michael Osborne and Mike Jackson voted against the proposal.

Cr Shane Connell was absent.

Council officers had advised that the trees should go because their deteriorating condition posed a public safety risk.

If the trees stayed, a gate, to be locked at 5pm, would be put up around parts of Laman Street, they said.

Councillors agreed that was not an option they could abide.

‘‘It’s absolutely intolerable and unacceptable ... the idea of caging up a civic space,’’ Cr Claydon said. ‘‘It just makes me want to weep.’’

Cr Crakanthorp suggested a staged removal, with four figs kept and others replanted.

‘‘These trees are held very dear to the community,’’ he said.

Cr Cook said this would produce an exceptionally poor result.

‘‘It will look wrong, it will be wrong,’’ he said.

He said removing the trees now and replacing them would provide a quality result.

‘‘It should be used as a symbol for what this council intends to achieve, the best for future generations,’’ Cr Cook said.

‘‘Let’s not do a quick, temporary patch-up job at our iconic location.

‘‘Let’s set a new standard that future generations will be proud of.’’

Cr Tate said it was about long-term benefit for the most prominent part of the city, near Civic Park, the library and art gallery.

Cr Nelmes disagreed.

‘‘I think we will look back on this as a council and realise we’ve made a mistake,’’ she said.

Detailed designs for Laman Street are expected to be presented to councillors by December.

Newcastle candidates grilled at forum

From The Herald...

BY STEPHEN RYAN

IT was a case of Sharon versus the rest yesterday when all seven candidates for the safe Labor seat of Newcastle went under the microscope.

About 40 of Newcastle's 88,000 or so voters attended a public forum at Tighes Hill Public School to hear what the candidates had to say on issues such as climate change and Newcastle's future.

Most of the candidates said a strong challenge to Labor would result in Newcastle having a bigger voice in Canberra.

Liberal candidate Brad Luke said Newcastle was "celebrating" the 35th anniversary since a member for Newcastle was appointed to a government ministry, while Christian Democrats candidate Milton Caine said he had lived in a marginal seat and seen what benefits it could bring.

Ms Grierson defended her and her party's record, but it was obvious from the cheers and applause that most of the residents wanted action on issues such as climate change and the expansion of Newcastle's port.

One resident was outraged that the port would continue to expand, bringing with it increased rail and truck movements.

Ms Grierson said she understood the community's concerns about truck movements and the impact of coal trains travelling through the city, but said that expansion would continue, and that the Labor Party supported the increased use of rail.

Earlier at the forum when candidates were asked about rail movements and the port, Ms Grierson said it was not in the Commonwealth's jurisdiction to which Greens candidate Michael Osborne responded by saying that such a comment was a "cop out".

He said coal train carriages should be covered, there should be increased air-quality testing and there needed to be greater investment in renewable energy sources.

Socialist Alliance candidate Zane Alcorn said the Hunter's coal industry needed to be "phased out".

Pedal peril: Newcastle cyclists feel unsafe

From The Herald...

BY JACQUI JONES

A SURVEY of Newcastle cyclists has found that almost half feel unsafe on city roads, with abusive and careless motorists and lack of dedicated bike lanes mostly to blame.

Off-road routes such as The Foreshore and Fernleigh Track are proving popular.

Newcastle City Council asked 784 people about their habits for the Cycling in Newcastle survey.

Councillor Michael Osborne said the feedback would help the council prepare a city cycling strategy.

Improving popular routes and creating more cycle lanes should be priorities, he said.

More than 42 per cent of survey respondents said they felt unsafe riding their bike, especially on major roads.

In the past year, 47 per cent were abused by motorists, 52 per cent were hit by opening car doors and 55 per cent had a near miss with a vehicle.

"There is currently a degree of resentment between cyclists, pedestrians and motorists," the survey report said.

Throsby Creek and the harbour foreshore, Fernleigh Track and trips between the suburbs and inner-city were popular routes.

Reasons for cycling included health and leisure, reducing one's carbon footprint, convenience and commuting.

Respondents said more dedicated lanes and off-road routes, better safety and road conditions, and increased driver awareness would encourage activity.

Daniel Chalhoub and Glenn Stojanow, of CFN cycling store, ride daily and said extra cycle lanes would not go astray, nor would education for drivers and cyclists to be aware of one another.

Projects such as Fernleigh Track were welcome, they said.

Covers for Hunter coal trains

From The Herald...

BY MICHELLE HARRIS

THE noise and dust from coal trains rumbling through the region could warrant new mitigation and prevention measures such as wagon covers, Newcastle lord mayor John Tate says.

Cr Tate suggests forming a committee bringing together residents and the industry to address coal transport concerns, particularly those of residents in suburbs such as Tighes Hill.

He said port terminals had dust-suppressant measures, but ones specifically for dust were needed to ensure air-quality during windy weather.

"It seems to me that the covering of the coal wagons is not an onerous cost to the industry," he said.

Cr Tate also questioned if sound-reduction barriers were still effective given the extra size and power of trains.

At a meeting last month, the Tighes Hill Community Group heard from Australian Rail Track Corporation representatives.

The representatives reportedly told the group that an environmental-protection licence governed its operations, and it had pollution-reduction plans in place.

Greens candidate Michael Osborne said he put a motion forward this year, which councillors did not support, calling for a report on coalmine impacts on residents, including coal transport.

Cr Tate said the motion did not suggest a course of action.

Train operator Pacific National or the track corporation did not comment to the Newcastle Herald.

A Queensland Rail spokeswoman said environmental responsibilities were taken "very seriously".

A NSW Minerals Council spokesman said Australian air-quality monitoring studies "have not found the potential for impacts on human health or amenity from dust emissions from coal either inside or outside of the rail corridor".

Fate of Laman Street figs draws near

From The Herald...

BY JACQUI JONES

KEEPING or cutting Laman Street's trees will be a matter of cost, but at what price is open to interpretation.

It is a question Newcastle City Council must ponder following advice that the figs are failing and should go.

The Newcastle Herald reported yesterday that 10 options were placed on the drawing board in a briefing to councillors on Tuesday night.

Capital costs ranged from $8000 to $4.9 million for everything from keeping to cutting all 14 figs.

Recurrent costs would be between $1000 and $60,000.

Life expectancy of the present trees was five to 15 years, while new trees might last more than 90 years, community planning co-ordinator Ian Rhodes said.

Cr Sharon Claydon suggested an economic analysis of the trees be considered.

A council spokeswoman said an arboriculture assessment known as the Thyer method put the value of all 14 figs at $68,586.

Cr Michael Osborne said the value was more than dollars.

Environmental factors such as stormwater benefits and habitat for endangered species should be taken into account.

The trees are already a costly consideration.

The art gallery and library report a 35 per cent decrease in visitor numbers since street access was limited because the trees posed a public safety risk.

The gallery had a $9000 decrease in income compared with the same time last year.

The council also spent $70,000 on a two-day community workshop, from which consultants developed a plan for revamping Laman Street and nearby Civic Park.

It envisaged underground building extensions, a two-storey car park, and opening former rail corridors for bikes and pedestrians.

Councillors will consider the plan and tree options next month.

Rhiannon launches Newcastle Greens candidate, Hunter to be at heart of 100% renewables shift

Newcastle Greens

MEDIA RELEASE
26 July 2010

At Newcastle foreshore today, Greens NSW Senate candidate Lee Rhiannon launched Michael Osborne as the Greens candidate for Newcastle and announced that the Hunter will be the heart of the Greens NSW push to shift from coal dependence to 100% renewable energy.

Greens candidate for Newcastle Michael Osborne said: “I am excited about diving into the Greens campaign in the Federal seat of Newcastle.

“Gillard’s climate change plan is nothing more than a talk-fest that will keep NSW and the Hunter locked into coal dependence. It is a plan to stall action for two years.

“Federal Labor has failed the people of Newcastle on climate change – they have stuck their head in the sand and defended the coal industry rather than providing the leadership needed to force a shift to 100% renewable energy.

The massive proposed Mt Piper and Bayswater coal-fired power plants, which will
together potentially add 4,000 MW of coal-fired power, would still go ahead under Labor’s do-nothing plan announced last week by the Gillard government.

“The Greens’ detailed plan to shift Australia away from dirty coal to 100% renewable energy powerhouse draws on our tremendous resources of sun, wind, wave and earth. For the Hunter this means a major boost to jobs growth and the local economy.

“Federal Labor has taken its eye off the ball and the development of renewable energy is uncoordinated and directionless. The Greens’ Safe Climate (Renewable Energy Infrastructure) Bill will give Infrastructure Australia new planning tasks to map renewable energy resource area and to create renewable energy development zones with streamlined approval processes,”said Mr Osborne.

Greens Senate candidate Lee Rhiannon said: “Michael is a passionate and knowledgeable candidate, with a long-term commitment to the people of Newcastle. He has a proven track record as a councillor on Newcastle City Council for 6 years.

“I am looking forward to working with Michael on the Greens campaign to shift away from coal-dependence to 100% renewable energy. The Hunter will be the heart of this work.

“The Hunter has six coal fired power stations and has experienced a six fold increase in open cut coal mining over three decades. A recent government report confirmed that the area experiences higher rates of asthma, cancer and cardiovascular disease.

“Shifting to renewable energy would mean a healthy local environment, reduced greenhouse gas emissions and more jobs in the Hunter. Research by the Centre of Full Employment and Equity at University of Newcastle identified a net gain of between 10,000 to 15,000 new jobs if the Hunter’s coal-fired power stations were phased out and local energy needs were met by renewable energy,” Ms Rhiannon said.

Institute seen as smart for region

From The Herald...

PLANS to establish an institute for energy and resources in the old BHP laboratories at Shortland were described yesterday as a significant boost to research and development in the region.

The federal government announced yesterday it would provide $30 million to Newcastle University for the $42 million project.

State Minister for the Hunter Jodi McKay said the institute would play a key role in running the recently announced, $100 million Smart Grid Smart City project in Newcastle.

"It will have the potential to make a real and substantial contribution to sustainable energy use on both a national and global scale," she said.

Hunter Business Chamber chief executive Peter Shinnick said it was huge news when combined with the new, $90 million Hunter Medical Research Institute building, which is set to open in the grounds of John Hunter Hospital in 2012.

"It's created quite an interesting hub of research and development activity in the Hunter," he said.

"That attracts industry and that attracts business to the Hunter."

Newcastle Greens councillor Michael Osborne said it was a great opportunity to be at the forefront of renewable technology research, but said carbon storage research was a "waste of time" because the process was "never going to be cost-effective".

The general manager of Corky's Carbon Consultancy in Mayfield, David Cook, used to work at the BHP laboratories and welcomed the site's addition to the university.

He said the institute would complement the commercial field and help train people to work in the private sector.

"We've got to get smarter as a country and smarter as a region," he said.

"The more research we can do in town the better."

PM Gillard's first climate challenge: Cancel brown coal export deal to Vietnam

Prime Minister Gillard has been presented with an immediate challenge to show leadership on climate change, with Trade Minister Simon Crean due to formalise an agreement to export massively polluting brown coal to Vietnam in Melbourne this afternoon.

The Prime Minister must step in, cancel this deal immediately and instruct her Trade Minister to focus on export deals for renewable energy technology instead.

"You cannot be serious about climate action if you are willing to open up a whole new massively polluting export industry," said Australian Greens Deputy Leader, Senator Christine Milne.

"Prime Minister Gillard has the opportunity to stamp her climate leadership on this government and cancel the deal to export brown coal before it is signed, telling her Trade Minister to focus on export deals that will help the climate, not hurt it.

"Brown coal is the most polluting fuel we have. Pumping energy into transforming it into the equivalent of black coal will only increase pollution at home and overseas.

"We simply cannot afford to open up a whole new polluting export industry. Every tonne of this coal burned in Vietnam will come back to bite us with worse bushfires, drought, floods and more.

"One of the key climate failures of governments around Australia and the world has been to see one arm of government cancelling out the efforts of others.

"What use is working with Minister Wong to pass the bill to fix the Renewable Energy Target yesterday if Ministers Crean and Ferguson are going to more than cancel out the greenhouse benefits the next day?

"I and Senator Brown look forward to working constructively with Prime Minister Gillard and her government to get Australia moving forward on climate action."

Labor must seize new climate change opportunity, say Greens

Newcastle Greens

MEDIA RELEASE
24 June 2010

Today’s change in leadership gives the federal Labor government a new opportunity to take real action on climate change before the federal election, according to the Greens federal candidate for Newcastle, Michael Osborne.

“The political rot set in for Mr Rudd at the time he turned his back on what he called the great moral challenge of his generation,” Mr Osborne said.

“The crucial early test of Ms Gillard’s leadership will be how she seizes this new opportunity to respond to the challenge of climate change.

“I know that many voters in Newcastle were disillusioned with Kevin Rudd’s failure to take real action on climate change, and will be looking to Ms Gillard to pick up the pieces, and to work with The Greens to develop an effective national scheme to limit carbon emissions.

“Today’s change in leadership gives Labor just one last chance before the federal election to do this,” Mr Osborne said.

“Before the next federal election, Ms Gillard needs to announce a clear, science-based strategy based on rigorous but achievable emission reduction targets and economic restructuring packages that will help Australia and the Hunter Valley move away coal dependence and toward a more ecologically sustainable economy.”

“Federal Labor also needs to stand firm on the proposed super-profits tax on public owned non-renewable resources, which can help ensure that the Australian community gets a fairer share from the one-off use of these public assets.

“The super-profits tax is sound policy, and should be used to provide valuable public infrastructure and funding for economic restructuring in mining-affected regional economies, such as the Hunter,” Mr Osborne said.

“The super-profits tax offers the opportunity to create jobs through an investment in a sustainable future, and Labor needs to carry through with it, and not bow yet again to the pressure of large vested interests, many of whom donate to the Labor Party,” Mr Osborne said.

Newcastle rates system to stay

From The Herald...

NEWCASTLE will retain the status quo when it comes to levying rates, despite concerns about favouring the rich and burdening the poor.

The scheme will calculate residential property levies in 2010-11 using a 50 per cent base rate, with the remainder dependent on land value.

This system was introduced in 2009-10 and councillors voted 7-4 last night to retain it.

It means the average rates bill in Newcastle for the coming financial year will be $918.40, for those properties with the city's average land value of $208,598.

Newcastle City Council is applying a 2.6 per cent rates increase, in line with the state government cap.

Councillors attempted unsuccessfully last night to alter the civic system, to address what some viewed as an imbalance between rich and poor.

Cr Michael Osborne suggested basing rates entirely on land value, with a $603 minimum rate.

"Sixty-four per cent of households will be better off with an ad valorem minimum," he said.

His colleagues did not support the idea.

Cr Mike Jackson called for a scheme with 75 per cent of rates calculated on land value and a 25 per cent base amount.

"What we're neglecting councillors is marginal working families," he said of the 50-50 rates structure.

"They have mortgage stress . . . water's going up, power's going up . . . but we can't cut them a break with rates.

"Lower value properties will be paying more rates.

"They're the people who can least afford to be paying more."

Cr Brad Luke, who supported the 50-50 scheme, said other options would tax people whose land value might have gone up because they lived in a popular area.

"Simply putting such a large burden on those people I think is completely unfair," he said.

Under the 50-50 system, land valued at $1,000,000 will be levied $2660.58 in rates and a $100,000 property $679.34. With a 75-25 scheme, the $1,000,000 property would pay $3531.66 and the $100,000 lot $559.81.

Greens commit to referendum for local government

The Australian Greens will move for an amendment to section 96 of the Constitution - the section which sets out that the Commonwealth may grant financial assistance to the states on such terms and conditions as it thinks fit - to add the words ‘and local government'.

Addressing the Australian Local Government Association National General Assembly today Senator Brown said that recognising local government in the Constitution is ALP policy and was a promise made by Mr. Rudd in the 2007 election campaign.

"But there's been no action," said Senator Brown.

"At the start of the next period of Government, the Greens will present a bill to the Senate for this referendum.

"Previous attempts, in 1974 and 1988, to have the status of local government recognised through a referendum failed because of the confusing nature of the questions put to the Australian voters."

Anti-rail group fixing to kill Hunter St businesses

Newcastle Greens

MEDIA RELEASE
3 June 2010

Newcastle Greens today warned Newcastle businesses that the plan advocated by anti-rail lobby group Fix Our City would kill city businesses that rely on loading zones and turnover car-parking along Hunter St.

Newcastle Greens Councillor Michael Osborne said that presenters from Fix Our City who briefed Newcastle City councillors on Tuesday night confirmed that they wanted the Hunter Development Corporation’s Revitalisation Report adopted in its entirety.

“As its alternative to the rail line, the HDC plan advocates a busway along Hunter St that would eliminate loading zones and hundreds of turnover car parking spaces on which already struggling Hunter St businesses depend for their survival,” Councillor Osborne said.

“This is graphically illustrated on page 80 of the HDC report that Fix Our City is backing,” Councillor Osborne said. [see included graphics from the HDC Report]

Councillor Osborne said that he was concerned that the Fix Our City representatives who spoke to Newcastle Council on Tuesday night appeared to be unaware of this implication of the HDC report that they were supporting, despite Newcastle businesses constantly identifying the availability of car parking in the city as a major priority for them.

“They had no real answer to my question about this obvious impact on local businesses of the HDC’s proposed busway – which is surprising from a group that purports to be representing business interests in the city. Since Fix Our City agrees with the HDC’s proposed busway as the replacement for the rail line, you’d expect that they would be have examined the potential impacts of that proposal on businesses in the area of the city that most need revitalisation,” Councillor Osborne said.

“But it was evident on Tuesday night that they hadn’t even considered this potential impact.

“I’m concerned that the vested interests who have been campaigning to cut the Newcastle rail line for two decades are so obsessed with their anti-rail campaign that they haven’t stopped to consider the real implications of the HDC report for city businesses,” he said.

“Obviously, if they aren’t even aware of this aspect of the HDC report, they haven’t made the businesses along Hunter St aware of it either.

“Neither the HDC nor the Fix Our City lobby have any answer to how they would solve this problem for the already struggling businesses along Hunter St, or where the extra and replacement car parking and loading zone spaces that would be required would be found.

“Perhaps the answer is hidden on page 55 of the HDC Report, which lists parking and standing for service vehicles under “possible future uses of the rail corridor”? Councillor Osborne said.

“I’m sure Hunter St businesses wouldn’t be very impressed with that.

“This is just one of the many issues arising from the HDC’s now widely discredited anti-rail proposal.

“The Hunter Development Corporation’s cut-the-rail plan is an unsustainable, outmoded, road-based strategy that will increase the relative share of car trips into the city, increasing car-parking demand, at the same time as decreasing already scarce car-parking spaces.

“The state government has made it clear that nothing will happen without federal funding, and it’s simply unthinkable that a federal government that claims it is committed to sustainable urban development would provide public money to cut a rail line.

“As Professor Peter Newman (board member of Infrastructure Australia) told us on a recent visit to the city, to win federal infrastructure and revitalisation funding, Newcastle needs a plan based on robust evidence and research (unlike the now discredited HDC report), and capable of gaining a community consensus.

“This is what the Gold Coast did, and it’s what Newcastle could do too if the local anti-rail lobby would just drag themselves into the 21st century, stop their silly, destructive, negative, self-interested and deceptive push to cut the Newcastle rail line, and put the interests of the city first.

“If they did this, the Newcastle community could come together behind a plan for revitalising the city and for developing a 21st century public transport system based on rail.

“If they don’t, Newcastle is likely once again to miss out on federal revitalisation funding, and yet another chance will be lost on the rocks of negativity and self-interest.

“The fact is that the anti-rail campaign and their naysaying attitude to the city’s rail line has now become the greatest barrier to Newcastle’s revitalisation,” Councillor Osborne said.

HDC vision for Hunter St

The HDC report wants no car parks down Hunter St...

Hunter St now



HDC's Hunter St



(from page 80 of the report)

Lord Mayor censured

From tonight's council meeting...

ITEM-62 CCL 01/06/2010 - CODE OF CONDUCT SOLE REVIEWER'S REPORT ON COMPLAINT AGAINST THE LORD MAYOR COUNCILLOR TATE

Councillor Sharpe moved a procedural motion to deal with Item 64 before Item 62.

PROCEDURAL MOTION MOTION: (COUNCILLORS S SHARPE/B LUKE) That item 64 - Empire Park Bar Beach - Skate Park Facility / Bat Ball Court be brought forward subject to public interest in the gallery.

The procedural motion was put to the meeting and declared defeated.

MOTION: (COUNCILLORS T CRAKANTHORP/S SHARPE)
1 Council receives the report.

2 Council find the Lord Mayor has breached sections 7.2, 7.3, 7.13 and 7.18 of Council’s Code of Conduct in relation to his failure to adequately disclose and manage a non pecuniary conflict of interests with Almona Pty Limited and companies and persons related to Almona Pty Limited.

3 Council censure the Lord Mayor for that breach.

Councillor Crakanthorp addressed the meeting and exceeded his time limit.

Councillor Buman requested an extension of one minute to Councillor Crakanthorp's address.

PROCEDURAL MOTION
RESOLVED: (COUNCILLORS A BUMAN/S SHARPE)
Councillor Crakanthorp's address be extended for one minute.

Councillor Osborne gave notice of a foreshadowed motion, that being the recommendation from the General Manager to defer the matter to allow the Lord Mayor and his advisors to comment on the supplementary report from the Sole Reviewer.

The Lord Mayor indicated that when the vote was taken on this item he would step down from the Chair.

The Lord Mayor proceeded to read a prepared statement to the meeting. The Lord Mayor requested that the prepared statement read in his address be recorded in the minutes.

The Lord Mayor exceeded his time limit of three minutes.

Councillor Buman sought an extension of time.

PROCEDURAL MOTION
RESOLVED: (COUNCILLORS A BUMAN/S SHARPE)
The Lord Mayor be granted an extension of time.

Following further reading of the statement from the Lord Mayor, and a point of order raised by Councillor Buman, the Lord Mayor moved an extension of one minute.

PROCEDURAL MOTION
RESOLVED: (THE LORD MAYOR/COUNCILLOR N NELMES)
The Lord Mayor be granted an extension of time.

During his address, the Lord Mayor and Councillor Cook moved for a further extension of half a minute.

PROCEDURAL MOTION
MOTION: (THE LORD MAYOR/COUNCILLOR B COOK)
The Lord Mayor be granted half minute extension.

The procedural motion was put to the meeting and a show of hands was requested which resulted as follows:
For the motion: 5
Against the motion: 7

The procedural motion was declared defeated on the result of five votes to seven votes.

The Lord Mayor's statement read as follows:

"Unfortunately notwithstanding the dictates of natural justice I have not been afforded the opportunity to respond to the supplementary report of the Code of Conduct Reviewer prior to that report being provided to other Councillors.

I have also not been afforded the courtesy of a copy of the original report provided by the Code of Conduct Reviewer nor the brief provided to the Reviewer.

Given that the supplementary report of the Code of Conduct Reviewer has now issued, I am obliged to respond to that report.

The Code of Conduct Reviewer has come to the conclusion that I have breached the Code of Conduct as it applies to Newcastle City Council. For a number of reasons which are set out below I do not agree with that conclusion. The Code of Conduct Reviewer indicates that the Code of Conduct places onus on the individual to decide whether a conflict of interest exists.

The Code of Conduct Reviewer acknowledges that I disclosed to Council the fact of a donation made in the 2007 State Election Campaign by a company, which company is related to the applicant in the matter before Council.

Accordingly I complied with the Code of Conduct in making that deliberation.

The Code of Conduct Reviewer even when presented with the opportunity to do so does not provide any detail of the manner in which such disclosure is alleged to be inconsistent with the Code of Conduct or indeed unsatisfactory.

The form of disclosure is consistent with the disclosures made from time to time by other councillors (and I've got copies Councillors if you would like to read your disclosures).

The Code of Conduct Reviewer then goes on to say that I did not manage the non-pecuniary interest that I disclosed to the Council meeting.

Unfortunately once again the Code of Conduct Reviewer, having had the opportunity of preparing two reports, does not explain the manner in which I fail to manage the disclosure that I made a the relevant Council meetings.

One would expect that as the Code of Conduct Review indicates that it is for the individual to decide whether a conflict of interest exists and that in order to find that a conflict of interest does exist, and has not been properly managed, the Reviewer should clearly indicate the manner in which the disclosure is not sufficient or the manner in which any alleged conflict has not been properly managed.

As a result of this matter arising I have sought legal advice from my own advisors and from an independent Barrister. These legal advisors are to the effect that the report of the Code of Conduct Reviewer is flawed.

They have also supported in the stance in respect of this matter by an opinion from a well respected Local Government commentator. The prominent Local Government commentator, having reviewed all the material, was of the opinion that a reasonable person properly informed as required by the Code of Conduct, would be most unlikely to conclude that I would be likely to have been influenced in any way by the circumstances arising from this matter.

The prominent Local Government commentator also raises the issue that if a councillor is to be criticised for a lack of management or any perceived conflict of interest then the Reviewer should at least specify the steps that he says should be taken.

It would have been easier for me to decline to participate in the decision making process which has been the subject of the Code of Conduct report, however, as an elected Councillor there are a number of issues which have to be considered when making such decisions.

Councillors have roles and responsibilities bestowed on them by the Local Government Act. These roles and responsibilities include as a member of the Governing body of the Council to direct and control the affairs of the Council and as an elected person to represent the interests of residents and ratepayers and to provide leadership and guidance to the community.

It would be wrong for a councillor to use the Code of Conduct to avoid shouldering a burden of these roles and responsibilities. It is also wrong for any persons who may not agree with the decision that a councillor makes to endeavour to use the Code of Conduct to force a councillor out of the decision making process simply because they perceive that a councillor might not support their particular view.

My initial decision to allow the matter to be released to the public for consideration is consistent with the ideals of community consultation and allowing the community to have input into the decision making process of the Council in respect of matters which could be of significant impact upon the community. It must be concluded that persons who lodged the complaints which led to the Reviewer's review, were persons who were opposed to the development of the Maryville markets but who were not willing to allow the community as a whole to express the community's view on such development.

Once elected councillors are responsible for the whole of the community and Local Government area, not part thereof. These people sought to disenfranchise the wider community. The issue which is highlighted is that when a small number of persons are dissatisfied with a decision, that small number of persons are able to lodge complaints against a councillor.

As was indicated in the address by former Commissioner, Independent Commissioner Against Corruption, the Honourable Jerrold Cripps, he said "it unfortunately is the case that in Local Government when people do not get the outcome they want from local council, their first, not all but mostly first response, is that council must be corrupt and therefore identify the corruption reference of a conflict of interest".

Given the circumstances in which the complaints arose on 4 May 2010, the comments made by certain councillors when this matter first came before the Council and in particular that when considering the report of the Code of Conduct Reviewer certain councillors took the opportunity to raise during discussion issues which were not only not relevant to the report of the Code of Conduct Reviewer but have not formed any part of any complaint clearly indicates that the comments of his Honour Justice Cripps have strong relevance and that this whole exercise has all the hallmarks of a political witch hunt.

Indeed the comments made by certain councillors amount to pre-judgement of the sort referred to in the case McGovern versus Ku-ring-gai Council as noted by Justice Cripps in his address. Indeed I have also been accused of endeavouring to influence other councillors to support the view that I took at the Council meeting, the subject of the complaints made to Council.

I challenge any person to bring forward any evidence that I endeavoured to influence any other councillor to either exercise their vote in a particular manner or not attend at the Council meeting on the night the matter was considered." Following the mover's right of reply the Lord Mayor stepped down and requested the Deputy Lord Mayor to take the chair. The Lord Mayor requested the Deputy Lord Mayor to take the vote by division.

The Deputy Lord Mayor put the motion to the meeting and called for a division which resulted as follows:

For the motion: Councillors G Boyd, A Buman, S Claydon, T Crakanthorp, M Jackson, M King, B Luke, N Nelmes, M Osborne and S Sharpe.
Against the motion: The Lord Mayor and Councillor B Cook

The Deputy Lord Mayor declared the motion carried on the division of ten votes to two votes.

RESOLVED: (COUNCILLORS T CRAKANTHORP/S SHARPE)
1 Council receives the report.

2 Council find the Lord Mayor has breached sections 7.2, 7.3, 7.13 and 7.18 of Council’s Code of Conduct in relation to his failure to adequately disclose and manage a non pecuniary conflict of interests with Almona Pty Limited and companies and persons related to Almona Pty Limited.

3 Council censure the Lord Mayor for that breach.

Censure rejected

The story so far...

Council considered the report from the Code of Conduct Reviewer tonight (an account is given below).

This follows from:

• The anonymous complaint dated 19 February 2010, see here and here and here

• My response to the reviewer's letter dated 6 March 2010, see here and here
  

• On 14 March 2010, the NSW Greens State Delegates Council supported my concerns, see here

• In the week leading up to Easter I receive the "draft" CoC report and send in my reply (though not a single word of the "draft" report gets changed), see here

• The CoC report to comes to Council on 20 April 2010 recommending censure (not a bad turnaround given Council’s meeting cycles), with councillors deciding to lie the matter on the table until after the result of the court appeal is known, see here
  

• District Court decision on 27 April 2010, allowing our appeal against the decision of the magistrate and quashing the decision of the magistrate fining each of us and dismissing the charge without conviction pursuant to section 10 of the crimes sentencing procedure act 1999.

• The report comes back to Council on 1 June 2010, see below

From tonight's council meeting...

ITEM-61 CCL 01/06/10 - CODE OF CONDUCT SOLE REVIEWER’S REPORT ON COMPLAINT AGAINST COUNCILLOR OSBORNE

MOTION: (COUNCILLORS B COOK/B LUKE)

1 Council find Councillor Osborne has breached clauses 6.1(c) and 6.2 of Council’s Code of Conduct, in that he was arrested on 20 December and subsequently found guilty of trespass.

2 Council censure Councillor Osborne for that breach.

The Lord Mayor asked the General Manager to clarify the Court's decision in relation to Councillor Osborne's appeal.

The General Manager indicated that the outcome of the appeal was a "section 10" as circulated to Councillors by memorandum this afternoon.

The Lord Mayor further asked the General Manager to outline "section 10".

The General Manager read from the memorandum circulated to Councillors on 1 June 2010:

• that the court found Councillor Osborne guilty of the offences but directed that the relevant charges be dismissed under section10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) (Act); and

• the Court quashed the monetary orders.

The Lord Mayor sought further clarification as to whether a charge was recorded as the charge had been quashed by Court.

The General Manager referred Council to the wording in the memorandum dated 1 June 2010.

Councillor Osborne made reference to a letter the General Manager received after the commencement of the Economy and Civic Assets and Governance Strategic Themes Committee meeting, which started at 5.31pm on 1 June 2010, from the Environmental Defenders Office Ltd regarding the circulation of the memorandum dated 1 June 2010 and subsequent possible breach of section 13(1) of the Criminal Records Act 1991.

Councillor Osborne said the letter stated that through circulation of the aforementioned memorandum the General Manager may have aided and abetted in the commission of an offence.

Councillor Osborne stated that in his view the General Manager's memorandum dated 1 June 2010 and the Code of Conduct reviewer's report contained factual errors

Councillor Buman moved an extension of one minute.

PROCEDURAL MOTION
RESOLVED: (COUNCILLORS A BUMAN/B LUKE)
Councillor Osborne be granted one extra minute.

At the end of his address, Councillor Osborne asked the Lord Mayor if he would take the vote by division and indicated that he would leave the Chamber.

At this stage of the meeting, Councillor Osborne left the Chamber.

The motion was then put to the meeting and the Lord Mayor called for a division which resulted as follows:

For the motion: Councillors G Boyd, A Buman, B Cook, B Luke and S Sharpe
Against the motion: The Lord Mayor, Councillors N Nelmes, S Claydon, T Crakanthorp, M King and M Jackson

The motion was declared defeated on the division of five votes to six votes.

Councillor Osborne returned to the Chamber at the conclusion of this item.

City’s future must come first, say Greens

Newcastle Greens

MEDIA RELEASE
21 May 2010

Newcastle Greens today called on the Fix Our City group to be honest about its agenda to cut the Newcastle rail line.

“Many members of the public aren’t aware that this group is bankrolled by the same developers who have been trying to cut the Newcastle rail line for decades,” Newcastle Greens councillor Michael Osborne said.

“The group is still hiding behind its innocent sounding, but highly misleading, “Fix Our City” facade, when it is really just the same old “cut the rail” brigade.

“Members of the public who go along to the meeting that this group has called for early June may do so genuinely believing that they are supporting a campaign to revitalise the Newcastle Central Business District, without realising that the group is really just the latest front for the local anti-rail campaign.

“The vested interests behind this group have been so determined for so long to cut the city’s rail line that they are now prepared to go to any lengths to get what they want.

“Those in the community who know the forces behind the Fix Our City campaign see the irony and hypocrisy of the name, because they are the same vested interests who have refused to accept that it is absurd to remove a rail line, and to recognise that their campaign is actually preventing Newcastle from presenting a rail-based public transport project that would have a chance of winning federal revitalisation funding.

“Visiting transport expert Professor Peter Newman confirmed this week what The Greens have been saying since the start of the most recent anti-rail campaign: no campaign advocating removing a rail line has any chance of winning federal revitalisation funding, because the federal government knows that it just doesn’t stack up, economically, environmentally, socially or politically.

“It’s time for the local developers and others behind the anti-rail Fix Our City campaign to put the future of our city before their own vested interests, or accept the responsibility for Newcastle missing out on the opportunity for federal funding assistance,” Councillor Osborne said.

Councillor Osborne also called on the federal member for Newcastle, Sharon Greirson, to take a more proactive role in the rail issue.

“Ms Greirson should be making it clear to these local developers that their anti-rail campaign is undermining the city’s federal funding opportunities, and should take a leadership role in bringing the Newcastle community together to develop a revitalisation plan that could be accepted by the federal government.

“The local community and The Greens have always been willing to engage productively in any genuine effort to revitalise our ailing city,” Councillor Osborne said.

“Look how quickly the city-campus fell into place once it was clear that it had genuine support across the whole Newcastle community,” he said.

“We need an approach to Newcastle’s public transport system that can win the same kind of consensus, and we can’t afford to let narrow vested interests stand in the way of achieving this any longer.”

Council hides in the dark on coal

Newcastle Greens

MEDIA RELEASE
21 May 2010

Newcastle City Council is burying its head in the sand on the potential impact of coal on the community and the role and responsibilities of local government, according to Newcastle Greens councillor Michael Osborne.

The council this week rejected Councillor Osborne’s call for a scoping report that would examine the potential impact of planned massive increases in coal transport through the Newcastle local government area.

Councillor Osborne was the only councillor to vote in favour of the motion.

“It’s a depressing indicator of just how far away from reality the current council has drifted,” Councillor Osborne said.

“My motion pointed out that the massive and unprecedented increase in coal exports planned for the port of Newcastle has direct implications for council (in terms of infrastructure maintenance, traffic management, and planning), but the other councillors demonstrated that they would rather not even know about what these impacts might be.

“It was a classic case of ‘see no evil, hear no evil, speak no evil’,” he said.

“This just reinforces the unfortunate and increasing perception in the local community that this council gives a higher priority to personal in-fighting than it does to issues of real importance,” Councillor Osborne said.

“Some of the comments from councillors during the debate were extraordinary,” he said.

“One councillor (Clr Scott Sharpe) went so far as to claim that coal had no impact on the Newcastle community!

“I get a very different impression from the people I talk to in my local community, who are concerned about dust, noise and vibration impacts from coal transport and coal loading operations,” Councillor Osborne said.

“It’s time that Newcastle councillors took a reality check and started dealing with the big public policy challenges that face our community,” Councillor Osborne said.

Saving the Laman St fig trees

Laman Street & Civic Precinct : Design Framework, May 2010