Mark Nolan.
This
is also a letter to the editor. Dean Gould who said something about "digging deep" last week.
I have spoken with
Dean Gould as I have spoken with others who have an entitlement to the free distrubution
of esentially public information, people are coming to me because what they are
writing and saying to council is ignored.
Edward
James
POB 3025
UMINA 2257
0418486260 10/2/2003
-----
Original Message -----
From: "Edward JAMES" <james360@ozemail.com.au
To: "Robert John Carr" <bob.carr@www.nsw.gov.au; "Chris Gallagher"
<Chris.Gallagher@gosford.nsw.gov.au; "Marie Therese Andrews"
<marie.andrews@parliament.nsw.gov.au; "Andrew Humpherson"
<andrew.humpherson@parliament.nsw.gov.au
Cc: "Lee Rhiannon" <lee.rhiannon@parliament.nsw.gov.au; "Zak Lalic"
lalic@dlg.nsw.gov.au
Sent: Thursday, October 17, 2002 1:35 PM
Subject: Re: Your E Mail of 30 July 2002.
Dear Mr Gallagher.
I was reviewing correspondence
and found this Yes". I am concerned
that most councillors are not up to speed on their responsibilities. Surcharges and such.
In particular Section
382 of the Local Government Act 93. I am concerned
that written advice from council shows a conflict with this section of the Act.
Mr Everingham has given me to understand
that no complying use of the footway
in the Gosford Local Government Area exist as far as the application of the Footway Leasing and Outdoor Eating Policy City of Gosford. (FOCG).
My memory of his letter.
He can advise that Eight (8) Leases have been formalised to date 29 July 2002 with several currently being processed, and his advice that formalised" did not mean complying.
Gives
me to understand that businesses are encouraged to use the public place for retailing of food without proper consideration of the FOCG and other controls that were already and still are, in place before April 1998.
You are advised that questions I asked of Rod Gillan
in his capacity as Ranger Supervisor,
and redirected also to Wayne Browning at Mr Gillian's request. Remain to be answered by those people. Those
questions concern my written advice from Gosford Council, that Rangers are aware of the FOCG policy requirements and report any irregularities for
action.
I ask you also. Have these employess been instructed to ignore their job responsibilities? Was that put in written directives to the staff by those responsible, like yourself?
The
apparent four year "feather bedding" that surrounds that policy, and also the fact that other separate complaints directed to the Manager Peter Wilson concerning breaches of Sections 626-627 of the Local Government Act Nuisance use and
Non complying use, have been ignored for some
three months . I understand that is in conflict with Councils code of conduct. Response to complaints.
Alan Ford wants me to understand that council has a policy in place to protect the ratepayers in the
event of an accident on the footway; I
assume that would be public risk insurance. My opinion is that if council has actively encouraged business to use the public place for retailing of food.
Then that commercial use of the
footway would need to be covered as the FOCG policy insist it should 6.4 through 6.6 Pages 8-9 before that activity is legal.
The questions asked of councillors are
legitimate they relate to conflict and pecuniary interest and I can assure you as I have already relayed to the manager Mr Wilson the councillors whom I've
spoken to don't need a censor to
co-ordinate their responses to rate paying constituents with regards the duties they were elected to perform, upholding
the law FIRST..
I think the lines of communication between a constituent and elected representative are sacrosanct, any elected official who would allow any interference with that communication should consider their position.
Mr Wilson's
suggestion that I direct inquires through you to insure a co-ordinated responce,
If we are to assume someone wants to plead guilty would that mean you would have
input? Not likley.
I understand that your job covers both the public and private business of Gosford Council on that basis Council officer and employees may need censorship.
The peoples reps and their public business
is none of yours.
Unless they need the protection you offer, and I hope they do not.
How have Councils investigations
into the criminal activity gone. Minister Costa was explaining that Civil matters are not his concern.
I had to explain
that falsified instrument were something that carried criminal sanctions.
Do you happen to have access to a copy of the
letter Mr Wilson sent John Brogden where he said council complied with section 79C of the EPAA79 I think it was? At any rate when the Manager informed John Brogden council complied with requirements surrounding D/A 11923/2001
he was misleading a member of the
Parliament. As you know the Mayor ( Bell) has written that council may have overlooked the requirements (
that's the law he's referring to)
Regulation 2000 section 283 is a prime one.
I am able to allege Gosford Council indulges in a two tier system of development application processing as you know. And
that conflicts with the objects
of the enviornmental planning and assessment Act 79.
I may write to you again depending on your responce, I will certainly have some new signs for your
photgraph collection soon. Out lining
the crossparty accomadation of corruption in local councils by the 53 Parliament NSW.
Edward James
THE FACTORY
POB 3024
UMINA 2257
PHONE43419140
----- Original Message -----
From:
"Chris Gallagher" <Chris.Gallagher@gosford.nsw.gov.au
To: <james360@ozemail.com.au
Cc: "SMG"
<SMG@gosford.nsw.gov.au
Sent: Monday, August 12, 2002 2:51 PM
Subject: Your E Mail of 30 July 2002.
The answer to your question is
YES.
Regards,
Chris Gallagher