CUMULONIMBUS GRANITUS-

It is what the Shire of York throws up in a local tourism flight path.

It is a tragi-comedic flippant term that pilots use to define calamitous events where an aircraft ploughs into the ground. But in this case-it is about hitting a Shire of York inspired regulatory regressive policy ‘brick wall’ so to speak.

Several weeks ago I spoke to a former colleague at The Sunday Times. The conversation has resulted in another unfortunate article featuring the intractable, secretive, anti-progressive Shire of York and its Council, enforcing what can be considered to be idiotic local bylaws.

It has a predictable title ‘GROUNDED’- Ambitious Plans for Aviation Tourism Venture in York Hit Serious Turbulence on page 22, Sunday May 27, 2018 edition, link: GROUNDED 

What David Wallace and Paul Martin should try and grasp is that this Shire of York activity has
impugned its community’s reputation and insulted its citizen’s intelligence to 500,000 people who have read that its actions could be considered ‘pedantic’, ‘stupid’ ‘confusing’ and dangerous.

What these half-a-million West Australians do not know yet-is about the shire policy for the environmental destruction of 200 old-growth trees through the demand for a new access road
to this proposed tourist aviation heaven (when there already is one).But Robin Chapple, the Local Member representing the conservation minded Greens WA, certainly will.

So what appears to be good enough for famous actor-come pilot, John Travolta, is obviously not good enough for York.

President David Wallace and his truculent team have continually thwarted a multi-million dollar tourist development that has the potential to attract cashed-up visitors from all over the world.

Two huge Boeing 707-300’s would be converted into luxury accommodation and an aviation- enthusiast’s museum. It is the only potential tourist attraction that would be worth coming to the Shire of York to see other than Mr. Wallace’s canola crop in full bloom.

There is no logical reason for the continuing harassment of those trying to do business in York and make it a far more exciting place, other than the possibility of an insidious, self-interest, behind the scenes lobby coven pissing in a few supposedly powerful pockets.

The alternative marketing proposals mooted by the tourist promotion genius at the Shire is certainly less than sublime to the point of being ridiculous. There is supposedly a proposal called a Mudslide of a Weekend or similar high class, five-star-rated activity. The only decent form of Mudslide is a decadent mixture of Vodka, Kahlua and Bailey’s Irish Cream.

The renowned statesmanlike orator and great communicator, the President of what should be one of Australia’s most prestigious, historic towns-but is certainly not, David Wallace,  prattled on to the journalist about York’s past troubles, its poor reputation and 2015 suspension.

That is a time when he was also part of the Shire Council woodwork.

It was not a question he was probably asked, he just decided to refer back to raise fond memories of past tourist tragedies such as the York Jazz Festival- all compounded by poor Shire governance issues.

It was lucky he did get out the begging bowl and ask for much needed financial support from Kerry Stokes on behalf of the Shire? Maybe he does not think that fast on his feet?

He also has a problem of what a contradiction in terms means. In one breath he reinforces his support for the project- then reinforces the fact that we (probably meaning the Shire, but maybe not) just cannot break allegedly pedantic, stupid, confusing and dangerous rules-OK!

Every month Mr. Wallace is financially supported by ratepayers to create warm and fuzzy feelings for the Shire in his parish-pump newspaper column.

So it is now time he told the community what rules apply requiring replacing an existing road, while knocking down 200 old trees that have been there longer than his ancestors. Don’t be shy tell us all, exclusively, the wondrous reasons for this mind-boggling tripe.

And of course there is the unsubstantiated rumour that the White Gum projects harshest and most strident critic has coffee, or tea and biscuits with the Shire of York’s extremely senior and highly professionally qualified Planner?
 
And of course there are the rules that make the Shire of York an agency acting on behalf of the Department of Air Safety and Air Traffic Control. At least the Shire may have got some form of qualification by filling in the form on the back of a Wheaties packet- or maybe there is just an unwanted overfly in lambing season.

There is a tee-shirt flooding New York City featuring Donald Trump with the words “Elect a Clown- Expect a Circus”. Something the rate paying public of the Old Town of York, may wish to reflect upon prior to the next local government election.

David Taylor
Blog-Meister
& Reluctant Shire of York Rates Payer.









 

WHAT REALLY COMES FIRST-

The crewe chicken?- the howson egg?- or the Humpty Dumpty omelette?- all at the expense of the Ratepayer.

Among the $2.5 million annual salary, annual leave and other garnishment disbursements to Shire of York management and staff- one pay packet goes to the ‘Great Redactor’.

He or she is an important multi-skilled, possibly ambidextrous employee who can unerringly guide the tip of a black or red, felt-tip pen, in a perfectly straight horizontal line, to cover what is considered by those within the Shire as overly covertly important, possibly controversial, supposedly classified personal information.

Or more to the point- censor and obscure parts of the text of documents as a protective security blanket for its management and how they may not be managing to manage all that well.

In the end it is arguably to shield the Shire of York’s own interests from public scrutiny, certainly not a measure taken to protect your financial interest as the long- suffering ratepayer.

To redact or not redact-that is the question with a decision usually made by the Chief-Executive-Officer. The final determination should certainly be his.

It shows up as the dark disappearances on the Shire documents it reluctantly releases to ratepayers many, many months after they are politely requested.

The lengthy delays could be attributed, in part, to the difficulty in locating these documents from an historic, indeed archaic dysfunctional local government document filing and retrieval system.

A system claimed by some to be almost devoid of a 21^st Century computer search engine capacity to locate important documents using key words- thus making it a potential target for breaches of the State Records Act 2000.
Much is supposedly manual extraction, allegedly, a labour intensive, highly expensive activity that the shire has been known to whinge about, blaming the ratepayer for the exorbitant cost-and the audacity in questioning its actions and authority.

This is where its accusation of Vexatious Complainant comes in.

Obviously there may be another reason for delays, other than the excuse that it cannot be located.

It is probably that the Shire of York really does not want the ratepayer to realize what it is actually up to, especially when it is spending a large amount of ratepayers and or taxpayers money on your assets that have not been maintained as they are required to be.

You want good quality, safe local roads to drive your kids to school along- which are not potential death traps? No let’s have a Shire debt trap instead- your own Tavern, Bar and Café that will always be a financial millstone around ratepayer’s necks.

So what do these black skid marks actually cover that is so important it needs to be withheld from outside scrutiny?

In most cases no-one other than the Shire and the mentor, WALGA, is quite sure.

It is mostly just direct line/ mobile telephone numbers, email addresses, a signature or two, maybe even hiding an online diploma in sewerage waste management from the University of the Cayman Islands behind a person’s name. Joe Blogger (Dip. SWM. UCI.)  If it is -it could well be a first (diploma) for the Shire of York.

It could be just me, but given the content of one page of a document regarding shire payments-if I had my own redoubtable redacting pen poised I would have had a close look at whether I should remove the company names of Stabilised Pavements Australia Pty, to be paid $1.175, 525 by the Shire and Tracc Civil Pty Ltd which would receive $259,214 from a Shire decision.

There is an element of Competitive Commercial Confidentiality here that could arguable affect both these companies when their rivals scope what they did and what they charged for it.

What was redacted was the Endorsement by Evaluation Panel signatures, being those of Paul Crewe, Allan Rourke and Brett Howson, spelt with two T’s instead of one.


Maybe some of these ‘black-outs’ relate to the Shire of York Policy Manual, including Procurement F1.2  dealing with the purchase of goods and services and the contracting of others to be involved in doing so?

These services could include the engagement of a consultant, and or contractor, or three.

According to the policy manual- all employees engaged in procurement must act in an efficient, transparent, ethical manner, providing value for money and meeting legislative requirements.

It appears, other than some ambiguous references, the term Financial Accountability may not get a mention?

Maybe the term not-particularly-appropriate-collaboration, which may occur in negotiations over the provision of these services, does not get a relevant, honourable reveal either? The distinct possibility is it is not notated at all. 

Maybe it is all a Shire misunderstanding of the meaning of the terms positive and open communication, and transparency, and accountability to its ratepayers and general community?

Then again-maybe not!

One example that could be the subject of an external review is a Capital Works Program document (Tender 01-1617) dated Friday December 16, 2016.

It appears that this document is sourced from ATF BK&E Family Trust T/A Howson Technical PO Box 619 DONNYBROOK WA 6239 and claims that HOWSON Management P/L will not be liable for any loss, damage, cost or expense incurred or arising by any reason of any unauthorized person using or relying on information in this publication.

This is the header at the top of one of the released document pages.

It could be argued that it is extremely inappropriate for the Howson company disclaimer to be published on a Capital Works Program tender document that is not its tender- but that of the Shire of York.

The content of this document is actually authored by Paul Crewe, and has what he does, who he is employed by, and therefore his authority to enter into the negotiations contained therein- REDACTED!

The document is addressed to Bret Howson whose interest, pecuniary or otherwise, his employment whether tenderer or contractor and thereby his authority to receive and read the content of this document-is REDACTED.

The second cc- recipient is Allan Rourke who has also had his bona-fides-REDACTED.

The most interesting part of the document deals with the Shire of York’s program management for surveying and design works on its local roads and contains the following paragraph:-

"...then engage you as best value for money to undertake these works...and avoid seeking 3 quotes for the works..."

There is a degree of inference in the above text that could suggest some manipulative malpractice has taken place.

Just two months later Mr. Bret Howson, trading as Howson Technical and Howson Management PL, is now Howson Engineering Pty Ltd and is the independent consulting engineer on a Shire of York Evaluation Panel consisting of Paul Crewe, EMIDS and Allan Rourke Manager of Works.

There is no REDACTION here.

This panel’s recommendation is for an expenditure of $1.534, 739 on a local roadworks package. This requires a Public Tender process as prescribed in the
Local Government (Functions and General) Regulations 1996.

Then we find out from a separate memorandum to the Shire of York Councillors from the Chief-Executive-Officer that Mr. Bret Howson, considered by Paul Martin to be a well-regarded local government engineer has been engaged to develop a Draft 10- Year Road Program for Council.

This memorandum was dated August 26, 2016.

Two days later Mr. Martin proudly announces in The Avon Valley Advocate (August 28, 2016) that Mr. Paul Crewe has been engaged as a senior Shire of York Executive Manager stressing that he has qualifications in engineering.

So in just 48 hours Mr. Martin has managed to engage someone who appears to have no road maintenance engineering qualifications to develop a most important 10-year road program.

And then engaged a senior manager as a permanent employee whose role should be to develop a 10-year road program being someone who Mr. Martin claims is a qualified engineer.

Independent consulting Engineer?

Did Mr. Martin put the chicken (Paul Crewe) before or after the egg (Bret Howson.) and why did he hire both? It must be said the end result has been a messy omelette lined with the shells of what should be good roads.

So Howson has been hired by the Shire of York in late August, obviously for a substantial fee.  On December 16, 2016, Paul Crewe, who arrived in October, appears to suggest he is shuffling the decks to engage Mr. Howson as best value for money to undertake these works. Yet it appears that Mr. Howson has already been hired by the CEO!

So forget the chicken and egg analogy-Is this piggy-backing, double dipping- or what? - Only Paul Martin knows as Crewe and Rourke are long gone.

Given the continuing complaints regarding the design and maintenance on local roads, it does not appear to be ratepayer’s money well spent and there are questions still to be answered by the President and the CEO regarding the actual reason for Paul Crewe’s resignation.

Former Shire of Cockburn councillor (resigned) and lawyer, Mr Richard Graham, may be just as interested as everyone else. He has, in the past, shown some concerns.

Mr. Howson is now acting at what Mr. Crewe was and Mr. Martin has just hired a casual Engineering Technical Officer to be Mr. Howson’s playmate. He is not a consultant but an employee of the shire.

Now employees are supposed to be paid a salary, Superannuation, annual leave and long service leave (pro-rata) provided tools of trade such as a mobile phone and access to a computer, office space at around $800 per square metre, use of a shire motor vehicle if required, obviously provided with insurance cover and various forms of counselling- if required. And in this employee’s case, use of a shire house 

This employee could be considered a bit strange if he did not make all these demands even if his employment is for 3 months only.

Consultants and contractors negotiate a fee for service. They are responsible for most other on-costs in the delivery.

So what is the fantastic financial reasoning here for hiring an employee, not a consultant, being what is the cost saving in doing so?

There is also the vexed, even vexatious questioning of any previous interrelationships between Mr. Martin, Mr Crewe and Mr. Howson who, on Ground Hog Day, appear to have all been involved in local government in some manner the Busselton, Bunbury and Donnybrook areas, maybe over similar periods in time.

It could be suggested that if they did not know each other personally, they were aware of each other. Therefore is it just a coincidence that all three end up working at the same Shire Council at the same time?

One lasted not more than 12 months and there is some community concern that the other does not have the engineering qualification, and expertise, that Mr. Martin claims that he has- in his previous memorandum to all councillors, and some staff.

On the Internet- it appears in a personal summary, if it is the same Mr. Howson, he has been in the civil engineering business since 1984.

He goes on to wax lyrical and publically declare that ‘this year is 30 years of designing and moving dirt and I enjoy the challenge more today. The science of design is amazing. The smell of construction is refreshing’.

Herein lays some degree of ambiguity.

A professional gardener is also one who designs stuff, moves dirt and enjoys the smell of construction that usually includes fertilizer such as bullshit.

Mr. Howson lists 19 skills from Managing Excel to Stakeholder Engagement. A degree in Engineering in Road construction and maintenance is not one of them. In fact there is no reference to any form of engineering degree.

In the end these are all questions that, one day soon, may well require a definitive answer.

(1) does the Shire of York actually know its legal obligations regarding any Redaction required within its documents released under Freedom of Information guidelines and demands?

(2) is the Shire prepared to explain why a person was hired, apparently without the correct procedure of obtaining three (3) quotes required in the circumstances of engagement?

(3) why does the Shire claim that this person is ‘a well-regarded local government engineering consultant when it appears that he has no engineering qualifications?

(4) does the Shire recognize that it may be in breach of its duty of care, ethically, morally, legislatively and possibly legally in the steps taken in (2) and the unsubstantiated claim made in (3)?

5) what is the actual reason for the resignation of Mr. Paul Crewe. Was it an issue of staff discipline or the issue of continuing poor road maintenance oversight?

6) what is the reason for Mr. Bret Howson being employed in an acting capacity only and does the short term employment of an Engineering Technical Officer (whatever that means)  reflect on Mr. Howson perceived long term ability to meet his Key-Performance Indicators.

David Taylor.
 

WALGA SUBMISSION LOCAL GOVERNMENT ACT 2018 - Dear Minister...

May 18, 2018

Hon David Templeman
Minister for Local Government
cc
Ms. Lynne Craigie
President
Western Australian Local Government Association

Dear Minister

Your Ref:   WALGA SUBMISSION LOCAL GOVERNMENT ACT 2018.

If you have viewed the Western Australian Corruption and Crime Commission’s submission I am sure you will not have failed to notice that this state’s senior investigative agency has declared that there is a systemic and endemic problem of the potential for serious misconduct cached within the local government sector’s overall administration.

There have been past claims, including by the former Premier, Colin Barnett, that a massive, unconscionable amount of public funded resources has had to be used to investigate genuine complaints against the local government probity and compliance regime for which you now should bear ultimate responsibility.

I suggest to you that the WACCC  is of the opinion, like most concerned agencies and citizens, that this extremely serious problem will only find a solution through substantial, positive regulatory changes to the Local Government Act 1995.

Major problems identified, by all, is that there is an apparent lack of accountability across almost the entire range of local government procedures, processes and responsibilities.

This includes, but is not limited to, the lack of professionalism within the ranks of both elected members and administrators, the often deliberate ignoring of mandatory compliance rules and regulations, the creation of preposterous local By-laws, Principles and Guidelines often to the detriment of socio-economic community development, inadequate financial accountability and in numerous cases, the lack of qualified senior members of staff, including Chief-Executive-Officers.

It is generally acknowledged that since its formation in 2001, the Western Australian Local Government Association has systematically retarded positive regulatory developments within the local government sector and is currently presenting itself as a stumbling block to much needed reform.

You, and past local government ministers have been advised time and time again , by those who may have greater tertiary expertise than you (in the required due-legal and ethical-processes that should be applicable within the industry)- that there must be a clear and concise division of power and a proper, adequate delineation of responsibility across the board. Otherwise there will be the continuing spectre of all the nasty forms of Conflict of Interest.

These are obligations that must be enforced by sufficient levels of pecuniary, civil and criminal penalties by an Act of Parliament, not through stage management by a self-interest agency that appears to assist in creating the systemic and endemic failures within the local government sector.

WALGA’s own submission to you suggests a dystopian, almost subversive intent with no regard for the rights of the Ratepayer.

This is that the PUBLIC should not be made aware of the performance of Chief Executive Officers and senior management. This indicates that WALGA wishes to ensure that any information regarding mismanagement, non-compliance, malfeasance and incompetence should remain strictly Private & Confidential. I am sure it is yours and everyone else’s understanding that Public means you, me, the ratepayer- everybody.

Apparently, by its own definition, WALGA wishes to increase confidentiality and reduce transparency across all compliance and regulatory aspects of local government to the detriment of ratepayers.

This agency has declared an intent to reduce accounting practice standards required In Local Government Areas at a time when the Department of the Auditor General has been granted a remit to audit local government financial records because of a previous lack of procedural accountability. The reason can only be considered as highly questionable and a  dereliction of duty of care to all whom it claims to represent.

WALGA wishes to stifle the voice of ratepayers and the community, the Vox Populii, by regulating against the inherent individual right of freedom of speech of those it personally considers to be Vexatious Complainants. This could be considered Draconian in the extreme and created by WALGA’s own shortcomings. Based on this- such a demand should be considered illegal.

WALGA has inferred that there is incompetence in your Department of Local Government by claiming it has had to step into local government areas to provide capacity building. That is WALGA’s euphemism for improved training procedures. The results of which is why the new Local Government Act 2018, is so important to the future of local government in the State of Western Australia.

I suggest during the overall review of local government administrative support requirements that WALGA’s intervention in most, if not all of these controversial matters, including providing for the propensity for serious misconduct, should be closely scrutinized

You may well find that WALGA as an entity should be considered to be deleterious to the future of Local Government in this state.

It is certainly time for the  far-too-numerous concerns of Ratepayers to be finally redressed.

Yours sincerely
David Taylor
Shire of York Ratepayer.

A DECENT WHACK FROM THE WACCC

The submissions are in;   LG Act review submissions  171 in all that are available for public scrutiny, which will hopefully give local government a new lease on life within the structure and strictures of the proposed Local Government Act 2018. Some may be opportunistic, some boring, some banal, some even spooky. Some, at least 61, are private and confidential. For what legitimate reason is the scary part.

There are too many to review so it is a small smattering hovering between the sublime and the ridiculous.

The West Australian Corruption and Crime Commission:-
Sadly, in the past, this august crime and corruption hunting body has tainted itself with some spectacular failures.

In fact at times it was laughable, prosecuting more of its own staff than others who are corrupt, and involving itself in pursuing cases which were blatantly unwinnable to a bitter and expensive dead end.

Allegedly-there were some undertaken just to hound persons of interest for purely vindictive reasons, with spite and malice thrown in- because the commission was made to look foolish and inept in its initial handling of the case.

The WACCC claims in its submission that it has invested substantial resources towards addressing serious misconduct in the local government sector.

Its known wins do not correlate well with investment being just ‘Serious Misconduct at the Shire of Exmouth’ and ‘Governance at the Shire of Dowerin’ in the past two years. That is just one a year.

However its assessment that the complexity of the nature of services provided, the amount of public and business engagement and the massive volume of public funds used can give rise to serious misconduct is correct.

The requirement for improving the accountability of both councillors and employees, the separation of powers between council and administration, much higher professional standards to be shown by elected members and the keeping of proper minutes of closed meetings for future review thereby providing for improved transparency- should be mandatory under the new Act.

The fact that the WACCC feels there is markedly insufficient performance monitoring of Chief Executive Officers leading to the risk of serious misconduct that has involved criminal acts ( with one recent half-million dollar theft ending in four years in jail)- is another potential win for the beleaguered ratepayer.

The WACCC appears to also suggest that there should be improvement in the selection process of Local Government Area CEO’s with the possibility that it should be conducted under the auspices of the Public Sector Commission.

This is something that the Western Australian Local Government Association (WALGA) which recommends prospective CEO’s and attempts to manipulate all sorts of outcomes in its own self-interest may feel a little uncomfortable about, but has endorsed.

The West Australian Local Government Association :-
This organization’s submission shows its true colours. It is the colour of ratepayer’s money, the more of it the better without the possibility of any community getting more bang-for-its-buck in improved quality of service from its CEO or anything else for that matter.

It says “ Information around performance reviews of the CEO and senior staff should not be made available to the general public and should remain confidential under S.5.23(2)”.

WALGA considers the general public to mean ratepayers and appears not to want to defend junior staff at all.

What WALGA should have come to grips with is the positive re-construction of S.5.23(2), then its days of apparent protection of those who have the ability to engage in serious misconduct, act unprofessionally and have no qualifications to perform their duties will be over

What WALGA wants is to increase Confidentiality and reduce Transparency which will increase the ability, scale and timeline for local government corruption.

WALGA wants to lower the accounting standards required to be met by Local Government.

WALGA wants those that continually complain about rising shire rates, the poor standard of services, the lack of quality of councillors and administrators, the current general incompetent malaise and potential slow-but-sure financial collapse of some Rural Regional and Remote Councils to be declared Vexatious Complainants- and go unheard by decree.

WALGA claims it has had to step in to local government areas to provide capacity building, which means training. This is arguably why all standards, in so many Shires, are so low.

Shire of York.
It apparently has not presented a submission. Given all the current circumstances that is understandable.

Kevin Trent- Councillor the Shire of York.
It is as in-depth and cognitive as six paragraphs allow.

It could be defined as mediocrity at its best, extremely basic at its worst.

It really provides no clearly discernible solutions to the key problems unless you can read  between the lines and there are so few of them.

Mr Trent ends his brief submission by stating that its content was his personal opinion. There are those who may ask why Mr. Trent did not keep his observations to himself.

Others may ask what submission has been put forward by this blog. There is none- other than dozens of letters of complaint on all serious matters concerning local government, including possible solutions, directed to all relevant Government Ministers and agency heads such as the Auditor General.

They have been read and responded to.

David Taylor.

YOU ARE MY FAVOURITE WASTE OF TIME

Dear Sir

Ref:                                   YOU ARE MY FAVOURITE WASTE OF TIME.

                                       ( N.B Time is infinite- your time as CEO is not.)

Let us assume that the Shire of York is a local government governing body democratically elected through universal franchise, compliant with all rules and regulations under the Local Government Act 1995, is financially secure, is providing a strong impetuous for local socio-economic development within its community and  is transparent with its electors regarding all its dealings it undertakes on their behalf.

Given this there should be no impediment to you completing the following questionnaire in the public interest.

                                                           PUBLIC QUESTION TIME
                                                               Questions on Notice.

To the Chief Executive Officer, the Shire of York:-

1. Do you intend to re-apply for your position when your contract term is completed?

Answer-

2. What current tertiary qualifications do you hold complementary to this position as it currently stands?

Answer-

3. You have held this position with the Shire of Port. Hedland, population 14,500, but resigned-

a) because you personally were under investigation by the WA Corruption and Crime Commission?
b) some other reason? (please be specific.)

Answer-

4. You have held the position of Deputy Chief Executive Officer for the Shire of Broome, population 16,000 increasing to 60,000 in the tourist season but left-

a) did you resign and for what reason?
b) was the Shire of Broome prepared to renew your contact? If not? Why not?

Answer-

5. You took office at the Shire of York, population 3,600, in 2016- so based on the massive variance in population figures-

a) your appointment would appear to be a demotion in overall status and financial responsibility? Is this correct?
b) your financial reimbursement based on Local Government Salaries and Allowances Tribunal system would have decreased ? Is this correct?

Answer-

6) The senior Ratepayer Representative on your Interview Panel should have been Mr. David Wallace,
the Shire of York President-

a) did he, personally, ask what qualifications you had to adequately fill the position on offer?
b) did he, personally, ask for what reasons you resigned from office at the Shire of Port Hedland?
c) did he , personally, ask for what reasons did you leave your position at the Shire of Broome?
d) did he, personally, advise you of the Salary Band you would be remunerated under based on population demographics related to the Local Government specified Salaries and Allowances Tribunal system?
e) did he, personally, offer and/or agree to your remuneration package being above the award level?
f) did he, personally, take any active part whatsoever in your contract negotiations?

Answer-

7) Since your appointment you have personally improved and increased the socio-economic development of the Shire of York in-

a) population growth?- please specify
b) business growth?- please specify
c) infrastructure maintenance and development?-please specify
d) asset management, maintenance and development?- please specify
e) tourism development?- please specify
f) improved internal and community communications?- please specify
g) improved financial auditing systems?- please specify
h) assured and improved the shires future financial stability?-please specify
i) improved customer services?- please specify
j) improved Shire of York Records collection, storage and retrieval systems?-please specify
k) improved the quality and legitimacy of local by-laws, Principles and guidelines?- please specify
l) improved access to  personal development programs for staff members?-please specify

Answer-

8) You are aware of the complaints lodged with the Minister for Local Government regarding the implementation of current Local by-laws, Guidelines and Principles, particularly in the area of domestic and commercial Planning and Planning Restrictions, being considered as a serious impediment to Local Government Area progress.

You now have  elevated a staff member to Senior Planning Officer which is a position of utmost importance- so does this person have-

a) the Certificate 1V in Local Government Planning?
b) the Diploma in Local Government Panning?
c) any other tertiary qualification that should be a mandatory prerequisite for this role?

Answer-

9) Have you, your Senior Planning Officer, or both, informed the proper regulatory authorities and
also Robin Chapple MLC, Member for the Mining and Pastoral Region, the Greens WA, that approximately two hundred ( 200) old growth trees must be destroyed?

This being your pre-requisite demand to establish a public road next to a pre-existing road prior to you providing a, currently withheld, planning approval from the Shire of York Council to a third party?

Answer  

David Taylor

What A Lot of Garbage Association-

Stands for WALGA that continues to provide its own form of interventionist garbology training to Rural, Regional and Remote Local Government communities- often to their detriment.

This organization should, and most likely will, come under close scrutiny during the deliberations regarding changes to the Local Government Act 1995 where it will be proved, beyond reasonable doubt, that a 20^th Century Act, still based on a 19^th Century local government autocratic, undemocratic, Colonial/ Imperial philosophy has failed to meet the fundamental requirements and the fiscal realities of the 21^st Century.

WALGA is well known to be adept at managing and manipulating the current status-quo, a practice that is no longer acceptable and which could lead to the collapse of, or the amalgamation of numerous Local Government Areas much sooner than later.

Its interpretation of the current Act is ‘one size fits all’ to suit its own internal management structures, its manipulative industry expansion ethic and its incompetent skills training programs.

It suffers from a massive Conflict-of-Interest as it directly or indirectly represents everyone within the industry. It also has a tendency to engage in recycling Senior Local Government Employees who have a proven track record of maladministration.

Everything is now in the hands of the Minister for Local Government, David Templeman who appears to be assuring those who have provided in-depth submissions to the review that their advice and recommendations will be heeded.

He already has advice provided to a predecessor in April 2006, twelve long years ago, that the overseeing of Local Government Councils’ in the areas of financial-risk management, administrative responsibilities and governance compliance was next door to non-existent.

Local government industry observers suggest that Mr. Templeman is aware of the alleged power of WALGA, the Local Government Professionals WA and even more importantly the Australian Services Union that has 24,000 members working in the local government sector and
140,000 members overall.

All three, banded together, are an extremely powerful lobby group, far more influential than any ratepayer association.

To save Rural, Regional and Remote Local Government Areas in particular from a slow and painful demise, the Minister must provide a, Local Government Act 2018, which removes the obvious inadequacies of the past by ensuring potent administrative and financial governance reforms despite any political pressure from the big three.

One of the most important of which is there must be a strict separation of both power and influence in all facets of local government including between Local Government officers who spend ratepayers money, those who approve its expenditure and those who must review this expenditure under all financial risk management parameters to ensure it has been correctly spent.

If it has not, then the penalty should well and truly match the malfeasance, whether through hefty fines or appropriate charges being laid in a court of law.

However of most importance is the removal of the power of AUTONOMY that was never granted through legislation in the first place.

Statistics gathered on the performance of Local Government Councils clearly show that the Act, its interpretation’, inept and out of touch Local Government Area Policy creation and implementation and the individual abilities of Councils and Councillors is a MAJOR IMPEDIMENT TO PROGRESS.

The days of La La Land should be over and, with that, the influence of WALGA.

This is how an already submitted ‘A 2017-2018 REVIEW OF THE LOCAL GOVERNMENT ACT 1995- SUBMISSION’ –could affect the Ratepayers of the SHIRE of YORK  regarding potential demands that could be placed on its Councillors and Administration.

The NEW TEN COMMANDMENTS, using York as an example, will be as follows: - 

1. The SHIRE of YORK should expect and will, hopefully, understand that its days of autonomy are over and act accordingly. It will be reviewed as- then recorded as having been unable to provide the degree of staff/employee expertise required to meet all the socio-economic requirements it is mandated to provide at a reasonable cost. The best advice is that it should start re-modelling itself, including its staff deployment and its finances- now.

2. The SHIRE of YORK should be accused of unconscionable delays in allowing for local business development hindered by the enforcement of its own, often irrational and inconsistent Local Government Area Policies, and their implementation, that could be deemed to be a deliberate impediment to progress. In these situations, legal action, supported by negative State Government reviews and demand for change to these policies may well become a viable option for all those adversely affected by these arguably preposterous, inexcusable, unprofessional decisions.

3. The SHIRE of YORK Councillors should realize that their method of election as Members of Council is now suggested as being undemocratic and that compulsory, universal franchise is being mooted to increase voter participation and hopefully improve the standard of candidature. This could occur as soon as 2020.

4. The SHIRE of YORK should make itself abundantly aware of the importance of all the services it provides to its community. Its response to this will now be monitored externally and assessed according to the quality, quantity, reliability, necessity and affordability of all these services.

5. The SHIRE of YORK should realize that stringent official demands will be made of it regarding overall operational responsivity and required flexibility to meet all challenges and changes needed with the absolute minimum of delay. This is totally at odds with the Shire of York’s current multi-year decision making practices.

6. The SHIRE of YORK must ensure that all of its Administrative Responsibilities are clearly defined and delegated correctly, according to all standards and each and all associated regulations, and to those employees with demonstrated, professional, qualified ability in that capacity .

7. The SHIRE of YORK must guarantee to improve its efficiency and effectiveness in all its operations.

8. The SHIRE of YORK will be held accountable for ensuring that all its resources are deployed in the most efficient and cost-effective manner. It must prioritize all functional responsibilities to improve performance standards without increasing its rates and charges.

9. The SHIRE of YORK must ensure that proper standards of Financial Management and Accountability are to be maintained and are to be monitored at all times as required by the Department of the Auditor General. Shire Finance Officers can expect regular, unannounced surveillance audits and forensic audits if deemed necessary and be forced to abide by the financial regulatory principles of Australian Corporations Law.

10. The SHIRE of YORK must provide a safe, fire proof and secure data storage system/ archival retention and retrieval service to be maintained for the creation, management, maintenance and retention of all Shire of York records.
This should be all correspondence in any written format including, all e-mails, memoranda and letters, Agendas and Minutes of meetings- being any and all exchanges of information regarding any facet of the Shire of York’s local government activities, between any third party- at all times.

The SHIRE of YORK should realize that its ‘DISCLAIMER ‘ published within Shire Council Agenda and Meetings documents can be construed as uncertainty of its Councillors, Senior  Administrators and employees capacity to provide clear, concise, reliable and appropriate verbal responses to any questions raised by its community relating to any and all of its mandated functions.
This is despite the fact that these questions have been submitted in writing prior to a response being required.

It is a universal problem, not restricted to the Shire of York that is now claimed to be creating uncertainty in the minds of ratepayers and local communities regarding the overall quality and reliability of any advice they receive from the Shire Council they fund to provide adequate direction.

Such disclaimers may no longer protect the governing organization, the Shire Council, from being held accountable for the responses that could be established as being the dissemination of unprofessional, incompetent, ill-advised and possible false and misleading information.

The Minister for Local Government, David Templeman’s stated intention is for the Third Tier of Government being Agile, Smart and Inclusive.

It would be drawing a long bow to suggest that the Shire of York is currently any of these.

Then there is the other major problem.

It is the Really Disastrous Con-job
This stands for the Regional Development Commission created by the Regional Development Commissions Act 1993 and the RDC Regulations 1994.

This is another Act, which is a quarter of a century old that can have serious impacts on the progressive future of Rural, Regional and Remote WA. (Twenty five years is more than most get for murder.)

Everyone knows what ‘Regional’ means and the usual interpretation of ‘Development’ is the creation of growth, expansion, progress and success. A ‘Commission’ means an advisory board and/or a directorate that should directly assist in ‘Development’.

Based on this, in 2006, it was suggested that when a fair and equitable distribution of state wealth was finally provided to the Regions, the original Royalties for Regions proposal which had nothing to do with Brendon Grylls, that part of the advisory and administration system could be the Regional Development Commissions.

This was on the understanding that these commissions mandate was to:-

1. Maximise job creation and improve career opportunities in their region

2. Develop and broaden the economic base in their region

3. Identify infrastructure services needed to promote socio-economic growth in their region

4. Provide information and advice to promote business development in their region

5. Seek to ensure the general standards of government services and access to these services in their region is comparable to that which applies in the metropolitan area

6. Generally take steps to encourage, promote, facilitate and monitor the economic development of their region.

There would be some difficulty in suggesting, beyond reasonable doubt that the ‘Wheatbelt Development Commission’ has met any of the criteria.

This Commission comprises of 3 members representing the Minister for Regional Development, Alannah, MacTeirnan, 2 representing the local community, 2 representing local government and a Chairman.

The usual suspects include a former politician, a Real Estate Agent, a farmer, a Shire President and a professional board sitter.

Their general qualifications could be considered questionable given the broad mandate and what should be the actual, professional level of certified expertise required to meet all of these obligations.

It is especially concerning when equated to the fact that all the Rural, Regional and Remote areas, covered by the 9 Regional Development Commissions, have recently
suffered a less than 1.5 % increase in population- according to government statistics.

At least 95% of these areas have a serious decline in population that could bring their overall, continued sustainability as Local Government and/or Regional Areas into question.

It is actually so bad that recent population growth figures show a 12 month population increase of just 309 across the board.

Without population growth, realistically there can be no other growth.

This should require that the current performance of Regional Development Councils be placed under close scrutiny and face a demand for an immediate performance review.

The Minister for Local Government will be receiving a copy of this and so will the Minister for Regional Development.

David Taylor.

 
   

‘THE IMP’

It is the pet name given to York’s Imperial Hotel by previous owners. It is a euphemism that somehow defines the last two decades of this historic hostelry’s fortunes- its fickle finger of fate.

Little demons have caused financial havoc. One a threat by one owner was to bulldoze it to the ground, the others spending a fortune to make it a first-class establishment only to suffer from the disinterest of most, but not all, locals. Finally being forced to shut the door on an empty bar, restaurant and accommodation.
In 2008 The Imp was at the height of its renaissance. Its semi- French interior décor was the equal of any similar venue in the Metropolitan Area. In fact given its age and style it was almost unique.

Sunday Sessions with musical entertainment could see a crowd of at least 100 gather with many tourists, including regulars from Northam, but few locals. 

They were halcyon days with standing room only in bars. One becoming  known as ‘Wear the Fox Hat’ a name requiring phonetic introspection relating to an often used, rude word.

And a restaurant, the Eboracum, the original Latin place name for York, UK, serving a distinctly French menu. All too much for many of the less urbane in the community.

The failure by those owners to encourage the sweaty jockstrap sporting clubs was one dimension in the downfall.

But the major factor was the theft from the York Tourist Bureau Inc. followed by support for the thief, and then revenge by the removal of the YTB’s financial support.  In hindsight something the Shire of York had an obligation to provide and, besides the thief,  it all should have ended up in a court of law.

Instead the Shire was more than  happy to strangle the tourism and Event goose that had previously laid the golden egg.

Around this time In the ‘Where the F-ck’s that’ bar a prominent local was overheard to say York is my town and meant it as being his own, personal possession, a fiefdom. Given what has happened since he certainly foxed that up. And of course the disastrous, Shire owned, Forest Bar and Café/ Tavern was added to the mix of which this person had an interest.

The new owners of The Imp  are local and any major focus on attracting a local market only, could prove to be a stumbling block to success.

Despite the State’s economic and tourism downturn there is still lucrative niche markets to be found among Perth’s population of an estimated 2.2 to 2.3 million, of which around 25,000 is a mainly financially secure LBGT community with tourism dollars to spend. That is just one of numerous options.

Obviously, as the previous owners found out as overall business and their business model started to fail,
do not get shit-listed on Urbanspoon or Tripadvisor by being accused of causing guests’ a hemorrhage from the wallet or to suffer from food poisoning.

No city slicker wants to be ripped-off by a country bumpkin. In fact they want country businesses to feel eternally grateful that they bothered to turn up. City customers feel that business costs , including commercial land-rates are far less in places like York therefore a $40 sirloin  should be $22.50.

This can be a problem whether it is true or not.

The new owners have already had two free kicks with both The West Australian and Channel 7, Perth doing positive stories on the Imp’s future rebirth.

A financial valuation of such promotional advertising exposure is at least $15,000 while being viewed by a potential total audience of between 100,000 and 200,000 depending on whose circulation and viewing figures you believe.

One problem could be these two positives are too far ahead of the opening day in late June to have a massive interest impact. Readers and viewers retentive memories are like how long is a piece of string.

There is nothing wrong with the from ‘Paddock to Plate’ regional food philosophy that has been derived   from the original Slow Food Movement, developed in Italy 32 years ago.

The Imp and York itself could have been at the forefront of this new culinary ideology a decade ago.

This letter was sent by me to the Shire of York in April, 2008.

Mr. Pat Hooper
President
The Shire of York
1 Joaquina Street
YORK WA 6302

Dear Pat,

Ref: Fresh Local Produce Markets-York

I approach you on behalf of the owners of the Imperial Hotel regarding their proposal to Council to provide a monthly, fresh produce market day on their premises.

You would be aware they have created a first-class dining and accommodation establishment in York that is arguable of  international standard and an ideal location for such a market.

You would also be aware of the Slow-Foods philosophy sweeping the world promoting the freshness and quality of agricultural produce, how it should be prepared and how it is consumed.  It is a combination of the best food ingredients, preparation and presentation with the end result consumed at a slow pace, in  a convivial atmosphere.

Fresh local produce markets are an integral part of the world-wide Slow-Foods Movement.

York is the cradle of Western Australian agriculture and should be continually and vigorously promoted as such.

There is a proliferation of fresh, local produce markets in all Australian states, often based in tourist destinations in close proximity to the capital cities.

York fits all these criteria and more.

I would hope you approve and assist, where possible, this new and essential local, fresh produce market and its facilitation.

Yours sincerely

David Taylor 
on-behalf of

MAX TRENORDEN
MEMBER FOR AVON.
I also provided a the following to the Imp owners as a promotional vehicle for their markets.

THE CONVIVIUM

Leaves gently rustling, kissed by wafting breezes
Dappled light spilling across white linen
Children chortling, amid deeper adult voices and laughter
Family and friends gathered to share their lives, their love
and a meal carefully chosen
The meal-a work of art- slowly created
A culinary tapestry of taste sensations, some long forgotten-
now to be fondly recalled
Senses warm to aromatic hedonism and sensual flavours of
essential freshness- infused with purity
Clatter of cutlery on plates, the melodious chime of glasses
Both a salute to the feast and to life
Slow food- glorious food
To be consumed when at peace with the world
Tranquility reigns as shadows stretch out to join together in the
cool of the evening
Hours of one of the purist of pleasure pass unnoticed

It is the way it should be- the sustenance of life, sustaining
the soul.

David. G Taylor

The response from the Shire of York, vintage 2008, was deafening silence clearly defining its attitude to tourism and to  York’s tourism industry. It will be interesting to see how responsive and proactive the current Shire is.

The suggestion to the new owners is to do two things.

Develop at least four signature dishes, unique as possible by using the very best of local produce, to attract the attention and a review by Rob Broadfield, The West Australian’s Food Critic. A 15 to 17 out of 20 should guarantee reasonable gourmand interest from the Perth Knife & Fork Set.

Achieve a high standard of exterior and interior décor and customer service. Then call on Stephen Scourfield, The West Australian’s national award winning Travel Editor to write a feature article on the rejuvenation of an historic 19^th Century hotel providing  21^st Century luxury.

York, one of Australia’s oldest and most historic towns, does not have a dedicated, professional Tourism Promotions and Marketing Officer. It is probably the only town of its type that does not.

So good luck to the Imp team.

David Taylor.