Friends of Nillumbik asked Council:

Friends of Nillumbik has had complaints from residents of Blue Lake Ward claiming that they have been disenfranchised by the actions of their representative in Council who refused to vote in the Mayoral election. We ask what action Council is taking to ensure that the public can have confidence in the governance of the shire and in the integrity and accountability of public figures?

Cr Helen Coleman, Mayor, responded:

This is a very important matter for Council and our citizens. I expect to be able to provide Council’s position following the conclusion of the meeting tonight.

Note: At the end of the meeting Council was having another meeting to determine what action was to be taken and this meeting was not open to the public. It is common knowledge now that Councillor Clarkson refused to face an independent panel at the Council and chose to take this matter to the Victorian Civil and Administrative Tribunal (VCAT). Friends of Nillumbik representatives attended the Directions hearing. At this hearing the Council’s lawyer asked for a three day hearing but Cr Clarkson’s legal team (yes, there were two of them) requested five days. This hearing will begin on May 2nd 2011. Costs are reserved. We will keep you informed.


Friends of Nillumbik asked Council:

It is becoming increasingly common for real estate agents in Nillumbik to neglect to include the line "Subject to Council Approval" in their signage. Friends of Nillumbik is receiving more complaints about this sort of misleading advertising. The most recent example is at 44 Lavender Park Road, Eltham. In this case we know Council has already written to the agency responsible but the signage hasn't changed. Therefore we ask, "What is Council doing about misleading advertising such as this and how can the rules be reinforced?

Ransce Salan, Group Manager Environment and Planning Services responded:

Council has prepared a standard letter that is sent out in response to these matters and in some instance these are referred to consumer affairs as the appropriate authority to deal with the misleading advertising.


Friends of Nillumbik asked Council:

Since the Local Government Act does not specifically codify a penalty for the offence of a Councillor refusing to vote whilst in the chamber, Friends of Nillumbik ask, "Will Council lobby the State Government to address this anomaly as a matter of urgency?"

Cr Helen Coleman, Mayor, responded:

Council would be able to provide a response to this question following the conclusion of the meeting tonight.


Friends of Nillumbik asked Council:

Friends of Nillumbik has been advised that the owner of the property at 44 Lavender Park Road has illegally removed remnant vegetation from the block she wishes to sell for development. This vegetation includes Bursaria spinosa also known as Sweet Bursaria which is habitat for the Eltham Copper Butterfly. Friends of Nillumbik ask what penalty applies to such destruction of habitat of a protected species?

Ransce Salan, Group Manager Environment and Planning Services responded:

These claims are being investigated and there are a range of penalties that may or may not apply depending on the specific nature of the offence. If Mr McDonald is able to provide any more supporting information that council will ensure this is passed onto the investigation officer for consideration.