BORDERLINE Albury/Wodonga

Albury City Council is no different to other councils in NSW when the September elections loom on the horizon.
Let old acquaintances be forgot seems to dominate the consciousness of most councillors as they seek new alliances. It's a bit like a rather distasteful Spring ritual of 'retiring' the old dog and visiting the pet shop for a new one.

It is that cynical or perhaps you could say cyclical.

Of course it was different when they were elected almost 4 years ago. Usually when they went to the polls, they insisted to the residents that they were completely independent, even the Liberal Ticket espoused the independence of its candidates within a framework of Liberal hubris. After repeating it ad infinitum they started to believe it. Some however prone to the occasional bout of conscience will sometimes have the momentary doubt, and a little voice will say 'hypocrite!'. Like a swatted mosquito such bouts of conscience are quickly eradicated. It is better that way if you want to have a good nights sleep.

After the election however, as the successful applicants luxuriate in the council chamber they are brought into a new power game. A mayor has to be elected, a deputy mayor, committees... Alliances are sought, promises are made. Friendships rekindled. The embryonic cliques gradually take their shape. Even though their independence flies out the window, the elected councillor/s will enter into a period of almost complete delusion.

'Of course I'm still independent', they will say to anyone who cares to listen.

In the early stages of the incumbent council there will be turbulence and plotting. Like a new car there is a period of running it in. Sometimes alliances are seen for what they are. Accusations are made in hushed tones. Amanda knifes Arthur, then in turn Amanda gets one in the back. Still, there is time to make deals and share the spoils because of their incumbency. Four years is a long time in politics.

Then, about now during the long winter solstice thoughts turn to September, sleepless nights prevail as councillors bathed in cold sweat begin to think of failure and the ego destroying damnation of losing ones position on Council. The thought of being rejected by the voters causes nightmares and a peculiar form of sleepwalking, where the councillors are seen at a wide variety of functions hoping to get their picture on the television or in the Border Mail.

As Borderline remembers one councillor unceremoniously dumped by the voters of Albury. He wept uncontrollably. "After all I've done for the bastards", he blabbered as his tears merged with the spilt beer on the table. "You didn't do that much, so I wouldn't be that upset", said someone trying to calm him. I think it was his wife.

The media becomes top-heavy as hopeful candidates, like cicadas in summer become a cacophony of noise as the residents of Albury are reassured as to their unique contribution to Council. Of course if you investigated most aspects of their 'unique contribution' you'd find they amounted to very little.

When the 4 years are almost up it becomes somewhat different as councillors think deeply about their fellow councillors inadequacies and their capacity to be re-elected. Already the Gang of 5 (Cr's Baker, Duncan-Strelec, Van de Ven, Porter and Mathews) have been supplemented by an additional affiliate, Cr Glachan. Why Cr Glachan chose to go over to the 'other side' remains unclear. Rest assured however a deal was done.

How quickly the numbers change. The Gang of 5 become the Gang of 6 while the Gang of 4 become the pocket-sized Gang of 3.

These affiliations in reality are temporary transitions, they give everyone 'a breather' before the final onslaught begins. Soon it will be every councillor for themselves. A new feigned 'independence' returns. 'I was always independent', they will say reflecting on their virtuous ways and exemplary understanding of all things, 'And I intend to be even more independent come September'. Such free spirits when accused of past indiscretions and unholy alliances will protest their innocence, or worse take you aside and tearfully explain that they had no choice in the matter. Factions and cliques dissipate and scatter.

Of course privately new tickets have to be formed. New opportunities found. The most important part of this process is securing preferences. This can be a tricky situation but as the saying goes when you get in bed with the devil… The complexity of this task is made more difficult by the presence of prospective new kids on the block who want a slice of the action. Already in Albury numerous 'tickets' are being arranged, promises made. With it comes the 'new enlightenment' in which in hushed and pious tones their is talk of reform and the liquidation of the old guard.

This will be the state of play right until the elections in September and then the process starts all over again.

Already this September is shaping up to being the most crowded field in the history of Local Government in Albury.

Rest assured no prisoners will be taken.

In retrospect the member for Albury Greg Aplin's coloured brochure espousing the spirit of ANZAC which was delivered to most households in Albury a week before ANZAC Day seems a curious bit of self promotion.

Then again in this day and age every politician seems to be tacking their colours to the patriotic perspective, so it's not unusual. The trouble is, where do you draw the line.

In Gallipoli on Anzac Day thousands gather to commemorate that 25th day in April 1915. Not many seem to know that the day before on April 24 began the Armenian Massacres perpetrated by the Turkish military in which over one and a half million people men, women and children were exterminated.

Even mentioning it in Turkey can get you a stint in gaol. Forgiving and forgetting sometimes get a bit mashed in the fabric of time.

Mr Aplin posed in front of the Albury War Memorial wearing a Rhodesian General Service Medal awarded to Rhodesian armed forces. Mr Aplin, was awarded the medal for his services to Rhodesia during 1975-77, when he did his national service as a member of the British South Africa Police. Presumably he was doing nothing more innocuous than handing out speeding tickets and investigating noise complaints in Salisbury (Harare).

The medal bears the imprint of Cecil Rhodes, founder of Rhodesia an ardent colonist and founder of De Beers and by the time of his death the wealthiest man in the world. Rhodes, who appropriated the area and made it his own with little consideration to the blacks.

Mr Aplin who had a stint as director the Rhodesian 'Information Centre' 1975-1977 must surely have realised the sensitivity of the situation when the master he then served, Ian Smith and his reluctance to give any power to the black majority did much to encourage the militancy (and the helpful advice and accompanying weaponry of Russia, China, and North Korea) of the various factions in the Rhodesian War of Independence and the eventual ascendancy of the dictator and war criminal Robert Mugabe to the prime ministership.

Even in the 1980's it was evident that Mugabe was a megalomaniac during the Gukurahundi, when he set the 5th Brigade, trained by North Korea on his enemies killing upwards of 10,000 people. Such barbarity was conveniently overlooked by Western interests, insistent that such an action might compromise the goodwill that particularly Britain thought the Mugabe Government was due.

It seems a long way from the ANZAC spirit when countless thousands were slaughtered at Gallipoli, and the Western Front amongst other places for God, King, and Country in the spirit of mateship and equality.

It is a known historical fact that the Napoleonic Codes which dictated, more or less the conduct of battle were rejected by the Diggers. When the English troops charged at Gallipoli if the officer fell, the attack faltered because it was just not on for a common soldier to take any semblance of command.

When the Australians attacked and the officer fell the sergeant took command and the attack continued. If the sergeant fell the corporal took over.

When all the ranks had fallen on numerous occasions the Diggers, all privates elected a leader and the Diggers continued the charge at the enemy lines.

That is the spirit of Anzac. It is an Australian story not the glories of postcolonial wars in Africa, and the paraphernalia and honours of a brutal past that still reverberates to this very day. Might we suggest that next year around Anzac day Mr Aplin puts his medal away from the public gaze. In a cupboard perhaps.

John Emmery and Nigel Leith are scathing in the way Albury City Council has procrastinated while leaving the Uiver to the mercy of the elements.

Mr Emmery a candidate in the forthcoming September council elections and founder of ACRM together with Mr Leith an electronics engineer, who recently returned from Canada where he ran his own business, have proposed a new plan to preserve the Uiver.

"It's only a matter of time before the engines fall off, such is the urgent need for restoration to begin," said Mr Leith. The corrosion of the DC-2 was recognised years ago yet the Council has sat on their hands the whole time."

Mr Emmery was of the opinion that there are other
processes at work.

"From the very start the whole process to determine the future of the Uiver has been compromised by hidden agendas and some councillors' hostility to have anything to do with it."

"To allow one of the great stories of aviation of Australia to be buried in a quagmire of indecision and lack of vision is to the eternal shame of Albury. In Holland there are forty-two websites dedicated to the Uiver, and yet the Albury City Council has allowed the situation to come to this. In other places they would call it cultural or social vandalism," Mr Emmery said.

"The Albury City Council has put the plane on the market with Mr Les Tomich saying that the Council wanted to have the plane preserved. Mr Tomich is on record as saying he didn't want the aircraft used for scrap metal, and that it be restored and placed on permanent display as a tribute to the pioneers of air travel. It would be nice if he believed it. Then again if he believed it he'd do something about it."

Borderline understands that as early as Worland Aviation Services undertook a survey and in their summary said that the DC-2 was a prime example of the degenerative forces of nature with the engine nacelles and rudder in danger of major failure at any time. The report concluded that if the problem of corrosion was not addressed, it would eventually consume the aircraft.

In 2002 another assessment of the aircraft was made by Australian Heritage Recovery and Salvage Unit which stated that it was critical that some action be taken immediately to preserve the aircraft.
They also provided a detailed costing of preserving the aircraft, $305,223.32 which included contingencies.

This detailed account mentions everything from light globes $62.00, bags of rags (3 bags) $144.00 to airframe nuts, bolts and washers (assorted) $620.00, It is only in the last page that costing goes a bit awry; accommodation $42,900.00, food $14,040.00 and power $16,500.00.

It seems that the high cost of preserving the aircraft has been
used by some councillors as an excuse to abandon an
attempt at restoration according to Mr Emmery.

"We believe that the quote originally supplied to council which included a cost of $14,000.00 for food and close to $43,000.00 for accommodation seemed to suggest they were going to make a holiday out of it," Mr Emmery said.

Both Mr Emmery and Mr Leith have spent a lot of time exploring various options in keeping the aircraft in Albury.

"I have consulted with several aircraft maintenance companies and believe that the plane can be restored to an exhibition standard for no more than $125,000.00," Mr Leith said.

"This is just under $4.00 per ratepayer which I'm sure most
ratepayers would willingly contribute in the interests of preserving
such an icon. Even a surcharge of $1.00 per air-ticket would recoup the cost in a year."

"I still cannot understand why the Albury City Council never approached some of the half dozen or so aircraft maintenance companies within half a kilometre of where the Uiver now stands at Albury Airport. They are more than capable of providing expert advice, yet the council chose not to avail themselves of their expertise."

John Emmery, a former councillor, seemed to be familiar with the capricious way in which the Council sometimes works.

'It costs money, it is a drain on resources, they could think of a million reasons not to do anything about the aircraft because they don't seem to grasp the historical significance of the event. That's why they put it on the market. We believe that the Uiver should not leave Albury under any circumstances," Mr Emmery said.

"Some members of council seemed to spend more time on reasons why the aircraft should be got rid of instead of investigating other alternatives to keep the Uiver here."

"This story should be told for generations to come, and yet the Albury City Council has chosen to close the book on this moment in history. In our opinion and I think I speak for many residents, that the way it's been handled has been an absolute disgrace."

"However we believe that there is more than enough interest in keeping the aircraft in Albury and restoring it. Once more the Albury City Council has found themselves behind the eight ball."

Expressions of interest have already been called for the sale and removal of the aircraft and close on 29 July, 2008.

AlburyCity - Council Meeting
AGENDA
Council Meeting - Monday 23 June 2008 17
CM 12 MATTERS WITHOUT NOTICE
MWN 1 Cr van de Ven - wished to bring to Council's attention the information contained in the blog called 'Borderline' which he believes contains information that must have come from a Councillor with inside knowledge of Council processes. Mr David Taubman from the Local Government Association, told Councillors quite clearly that all dealings with regard to the General Manager's performance had to be kept strictly confidential. He raised major concerns about the information on the blog and requested that action be taken. Cr Baker advised that he would take this matter on board and ask for advice on the matter. He expressed concerns with some statements made in relation to the recruitment process of the General Manager.
Cr Glachan also expressed her disappointment in relation to comments made on the blog, particularly in regard to how the comments may reflect on the families of Councillors. It is unfair that someone abuses an opportunity to report alleged comments that Councillors are not in a position to refute.

There's a saying that democracy dies behind closed doors and as this extract (above) from the minutes of a council meeting held on Monday 23 June, it seems that the preferred option of Albury City Council is that democracy dies rather than any semblance of democracy prevail. Borderline asks who determines what the people of Albury should or should not know?

As in the past Albury has been awash with shonky deals, and an all pervading secrecy. Deals done behind closed doors is still an essential ingredient of the political and commercial landscape of the city. To play the game you have to cover your tracks just in case an ant-hill of trickery turns into a mountainous cascade of trickery and accompanying secrecy.

Cr van de Ven, at his most self-righteous nosy best, reveals with considerable authority that it is a councillor with inside information of Council processes that told Borderline of the intrigue that surrounded the appointment of Mr Les Tomich to the position of General Manager.

However Cr van de Ven is wrong when he says that the confidentiality was broken as how Mr Tomich was able to secure the position when Mr Brown was the preferred candidate still remains confidential - very confidential. That's how it should be. When you make a deal the first prerequisite to protect the integrity of the deal is to keep it a secret.

Cr Duncan-Strelec's sudden preference for Mr Tomich is one of Albury City Council's best kept secrets.

Mr David Taubman from the Local Government Association has insisted that the General Manager's performance had to be kept strictly confidential. Borderline can't understand why in private enterprise we have seen a number of top executives' performance being kept strictly confidential. That is until the whole thing falls over. That's the thing about the performance of upper management being strictly confidential, it means that the public never learn what's going on until it is too late.

Opes Prime, Wollongong Council, to name just a few organisations suffered from the same implications of secrecy. Their performance was kept strictly confidential. It is an essential component when disclosure could find you wanting.

Borderline would like Cr van de Ven to get to the bottom of it about how appointments and resignations are the province of the few. Should the people of Albury concern themselves with such intricacies, or should they wait as they had to when the last General Manager, Mr Henderson bid adieu before they are fed selected titbits of information, couched in doublespeak so that the councillors incompetence in the matter is never adequately explained.

Cr Glachans 'disappointment' about comments made by Borderline and how they might reflect on the families of councillors was completely ludicrous. It might seem unfair to Cr Glachan but since when have councillors not been in a position to refute comments made against councillors. Borderline would like to extend the opportunity to all councillors to refute the accusations made against them in the first issue of Borderline. All they have to say is that the accusations are incorrect. All Cr Duncan-Strelec has to say No, I didn't take my bra off after a knees-up in the cellars of the Simon Gilbert Winery, Mudgee. No, I didn't go into a shop in Dean Street and rip down a poster and walk out with it. No, I didn't make any deals when Mr Tomich was elected. It's quite simple to protest your innocence. Selection processes should be seen to be conducted in a professional, objective and equitable manner. It is the opinion of Borderline that the appointment of Mr Tomich was clouded by a last minute deal that remains unexplained and which compromises his appointment.

Likewise Cr van de Ven's atitude to the criticism of reports from council officers. When a councillor tried to explain the shortcomings of a report
about Community Centres and various options concerning their future (June 23) Cr van de Ven, exasperated called a stop to proceedings.

"Enough is enough,' he said incensed. When do you criticize a council document was never adequately explained. Cr van de Ven was of the opinion that when you criticize a report you are casting dispersions on the officer involved which would not be tolerated.

So incensed was Cr van de Ven at the councillors impertinence that he
was seeking advice on slapping another Code of Conduct Violation on the councillor.

How convenient.

It is in the public interest that such intrigues be brought before the people of Albury. Especially when the Albury City Council are hell-bent
on peddling misinformation and untruths to the people of Albury.

When Cr Duncan-Strelec confesses to Howard Jones in the Border Mail (Wednesday June 25) and proclaims that she steadfastly refuses to compromise her principles by agreeing with every group that asks the council for something, it seems to suggest that she is overwhelmed by the magnitude of her humility.

She also invoked the creator when she saw the tasks ahead of the new council.

"God help them the way things are going". She then said that she was sick of rude interruptions by people from the gallery at council meetings this year.

Talk about the pot calling the kettle black!

Cr Duncan'Strelec's performance at the council meeting on Monday June 23 and her tirade of abuse against Vivien Voss was exemplary in its vindictiveness - but it seems Amanda and her comrade in arms Henk van de Ven are such reasoned creatures that their brand of intimidation could be considered enlightenment.

Others would call it bullying.

Amanda and Henk have turned intimidation into a fine art, yet they can only get away with it because most of their fellow councillors are either anxious to avoid their wrath or unsure of council procedures or they just don't want to get involved.

Then when the editorial on the same day alludes to personal differences between the two factions making it difficult to get on with each other. The warning about the general disintegration of council offers the hope that wise heads would prevail.

Amanda would like to counsel wayward councillors on the errors of their ways.

The peacemaker.

Yet wasn't it last September when she was defrocked of the mayoral gown; after the dreaded tap on the shoulder she made a deal with the incoming Mayor Cr Baker and suddenly Amanda and her clique, Crs' van de Ven, Porter, Mathews with the support of Cr Baker took almost every committee position on council, totally excluding the other councillors. They also took control of the two most important committees in council. Cr Duncan-Strelec took the chairmanship of the Services and Infrastructure Committee while Cr Porter took the reins of the Strategy and Finance Committee.

She was in complete control again.

When Cr Frauenfelder expressed his frustration of what was a blatant abuse of power - Cr Duncan-Strelec went for him with vicious disdain. "This is the new reality", she said. And went on to explain to Arthur that he was naïve to think otherwise.

The reality is that Cr Duncan-Strelec has manipulated council to her own ends. Cr van de Ven is a willing collaborator and the rest of the Gang of 6 (it used to be the Gang 5 but the group has been supplemented by the addition of Cr Glachan) who perform various auxiliary services to the group. While Cr Duncan-Strelec and Cr van de Ven go for the throat, the others are more inclined to the lower extremities of the body.

That leaves the other 3 councillors (the Gang of 3) intimidated and disorientated, with very little to do. They might as well not be there because the Gang of 6 almost completely ignore them. If you haven't got the numbers there's nothing you can do to address the situation. I suppose you could always stay at home.

Then you'll be accused of nonattendance at Council meetings, so your damned if you do and damned if you don't.

This house in Ebden Street, South Albury long since passed into the Australian vernacular, is where arguably the greatest female tennis player Australia has ever produced , Margaret Court (Smith) lived her childhood. The fibro house has recently been sold and is destined to be demolished. Like a lot of other Australians she was brought up in less than affluent times. Her complete dedication to be the best ensured that at the age of 16 when she moved to Melbourne, the world was at her feet.

How then do you treat such a building that does not fit into the grand monument or the stereotypical building that signifies the more traditional bricks and mortar that has a more tangible worth. Yet it is essential that examples of such buildings should be preserved in the interests of historical continuity. To many of course such a place, clad in fibro has no aesthetic value whatsoever.

Whilst the cultural and social milieu of Albury is profoundly diverse, there seems little interest in preserving this diversity.

The 8/13 VMR Museum was housed in a converted WWII married quarters at Buna Barracks, Victoria Street, Albury. Now just a memory, it was sold off for a housing estate. The Drill Hall, built in 1915, was a fine example of a country Drill Hall. This place with its collection of military memorabilia including that of 2/23Battalion, Albury's own, was rationalised into the bigger Army Museum at Bandiana.

Many people would have preferred that it should have been left alone, a moment in time. A unique almost private time capsule to the countless volunteer soldiers who passed through it.

Some time ago a couple bought a house that had a preservation order on it. The couple argued successfully that their lifestyle and aspirations made renovating the building an unsatisfactory outcome. A cottage is still a cottage renovated or not. They didn't want to live in a cottage. They wanted to pull it down and build a house that reflected their aspirations and lifestyle. One could ask however that when they bought the cottage was that their intention all along.

Then there was the old Base hospital, a committee of councillors deemed that there was nothing worth preserving, except the pillars of the main entrance gate (which subsequently disappeared). So there you have it a place where thousands were born and died, obliterated for all time. Thanks for the memories.

Of course there are other more problematic ways of destroying our heritage like the K-Mart Complex. Several heritage buildings, including Albury's first bakery were razed in the middle of the night to avoid any unpleasant repercussions. The developers had ensured that nothing would interfere with their little bit of cultural vandalism. By arranging for any government interference from Sydney would be, as it were, minimised Even more problematic was the use of blatantly illegal methods to provide a solution to redevelopment problems and maybe amend the bottom line.

The trouble is that many of the quality buildings that did exist have been demolished, and grossly inferior buildings, of little, or no architectural merit have replaced them. Ryans Hotel is a classic example of this cultural and social malaise that has infected the planning of Albury.

Then there's the Uiver memorial DC2 commemorating perhaps one of the most spectacular and moving moments of aviation history. Now, the aeroplane just quietly rots waiting for a buyer.

In order to preserve a history of the social, economic, and cultural history of Albury we need to understand that it should encompass as widely as possible the numerous strata of human endeavour that have existed in Albury since white settlement.

We also might recognise those who were here for tens of thousands of years before us. Theirs is a less tangible existence, but it can still be explained without reverting to the complete destruction of all evidence of their passing.

This is a story not so much about the controversy surrounding Fromholtz Park, but how political expedience can cynically undermine fairness and justice and how, in this instance, it can lead to the almost absolute corruption of due process. It concerns 2 letters. One is from the Member for Albury Greg Aplin and the other from Chris Ryan, President of the Albury Branch of the Australian Labor Party.

On June 15, 2006 Greg Aplin wrote to the NSW Minister for Lands, Mr Kelly (June 15, 2006) following a request from a constituent regarding State Land located in Albury. It stated the Albury City Council had identified the land and that Council had 'engaged' with the Department of Lands and agreement has been reached to rent space near the South Albury Hall.

Whoever had instructed Mr Aplin to write the letter had apparently convinced the Member for Albury that they were doing so with the full authority of the Albury City Council.

However the mayor of the time Cr Duncan-Strelec denied the Albury City Council had anything to do with it as this extract from a transcript of the meeting held on 27 of August, 2007 clearly states.

Mayor (Cr Duncan-Strelec) - I think we need to follow up on this with Mr Aplin because he is stating he is acting on behalf of the council and we need to get from him the letters requesting him to act on our behalf to clarify this.

In another instance in the transcript she elaborates rather cryptically on Albury City Council's relationship with Mr Aplin in this exchange with Cr Wareham;

Cr Wareham - No, I was just saying. Through you Madam Mayor. That quite clearly from his letter what he is saying he was acting on behalf of Albury City Council. I am not saying it is specifically addressed to you.

Mayor - That is why we need to follow it up Cr Wareham because I'm a little bit concerned because there have been other statements coming - emanating from Mr Aplin's office purporting to represent us or be present when they haven't actually come from our office.

Cr Wareham - So

Mayor - So we need the opportunity to follow this up and I can give you a recent example when I went up to meet Mr Roozendaal where Mr Aplin's office rang them, purportedly on behalf of the Mayor's office to say that he was to be present at that meeting and there was never a request from my office or my council for him to be present at that meeting. So we need the opportunity to follow up on this to clarify who it was who requested him to write to the Crown Lands Department. Cr Glachan said she may be able to shed some light on this…

There were no letters to Mr Aplin. It had apparently been done after a nice little chat.

Albury City Council never bothered to follow it up. By the time the Council Chamber lights were turned off that night, Albury City Council had conveniently forgotten the whole thing.

Cr Glachan attempted to shed some light on it as this extract from the transcript of the meeting held on 27 of August, 2007 tells it in her own words:

(Cr Glachan)… I've spoken with Mr Aplin some time ago but definitely not in the last 6 to 9 months or so with regards to from memory about that area around the South Albury Hall with that suggestion of trying to create a shared use etc but other than that I am not really sure…

Cr Glachan's rather obscure explanation seems to suggest a selective memory matter but it was obvious that she had made a request to Mr Aplin claiming to represent the Albury City Council. A councillor impersonating a council. With no evidence to the contrary, and Cr Glachan's reluctance to further clarify the issue it is obvious she just hoped (like the Albury City Council) it would just go away.

Cr Glachan must surely have compromised her position as a Councillor. The matter was not investigated by the council though when several questions were asked by Cr Wareham she had ample opportunity to clarify the issue. She chose not to.

Has Cr Glachan set a precedent whereby an individual councillor can claim to represent the council entirely outside the 'democratic process' If she has, it's a precedent that one would presume the NSW Department of Local Government might show interest. The moral and ethical dilemma Cr Glachan finds herself will sooner or later dawn upon her that her course of action can have only one outcome.

And that is For Cr Glachan to do the honourable thing and resign.

Mr Ryan's letter (March 15, 2006) is to Reba Meagher, the hapless NSW Minister for Health asking in traditional Labor parlance for a 'favour'. This extract from Mr Ryan's plea gets to the gist of the matter more than adequately.

…Reba, I know Tony Kelly as Minister for Lands will have to make a decision as to allocation of land and I will send a similar letter to him. However as the problem arising is a community one, any intercession and support given by you could only looked on favourably and increase the chance of a positive outcome…

Mr Ryan's letter is puzzling in that several ALP members Borderline spoke to could not remember the matter being discussed at the monthly meeting held at the Newmarket Hotel. Then again such meetings at the time were highly problematical as on more than one occasion a few of the comrades were seen staring into the bottom of their glasses in expectant anxiety. Hopeful that one or two more members might possibly venture out that evening so that they might get a quorum.

No doubt My Ryan and would have also had a word in the ear of the Hon. (Tony) Antonio Catanzariti, MLC from Griffith who looks after the affairs of Albury. Mr Catanzariti knows the traps in Sydney and would only be too happy lend his weight in the interests of a 'positive outcome'.

The result of these 'letters of intercession' from Glachan and Ryan was that when the request was put to Mr Kelly, it was seen as a bipartisan approach with widespread community support. Subsequently he gave his consent for the acquisition of this patch of crown land for private use. The worrying thing was that throughout the whole course of action to acquire Crown Land no more than half a dozen people were involved.

Throughout this process the Albury City Council denied that they had any knowledge of the proceedings. This has always been in dispute and there is sufficient evidence which will be presented in a later edition of Borderline that there is enough documentation available to prove that Albury City Council were fully aware of what was going on, but chose to deny it for their own reasons.

The two letters show conclusively how due process can be undermined by individuals with their own agendas who take it upon themselves to requisition favours that are clearly detrimental to the democratic process and community expectations. All for a rental of less than a dollar a day.

Their actions might come back to haunt them as Cr Glachan desperately tries to get on a ticket seeing that her chances, for whatever reason have diminished considerably in getting on the official Liberal Party Ticket. Rumor is that there won't be a Liberal ticket this year. It won't help Mr Ryan who has grand plans for the ALP this coming September either.

On Friday June 28 a meeting of the Local Government Conference of the Albury Branch of the Liberal Party voted decisively to abandon an endorsed Liberal ticket at the forthcoming Council elections in Albury.

In order to ditch an official ticket it required a vote of 75% to overturn the decision to not run an endorsed ticket. The final outcome was 80% against fielding a Liberal ticket with only 2 people in favour of the status quo, Helen Glachan and her daughter, Alice Glachan, a councillor with the Albury City Council.

The decision is expected to increase the pressure on Cr Glachan in her bid to be re-elected as in the last election the Liberal ticket, headed by Cr Frauenfelder pulled off a spectacular result with 7789 votes or almost 36% of the total vote. This allowed the election of 3 Liberal councillors, Councillors Frauenfelder, Wareham and Glachan.

Cr Wareham has since resigned from the Liberal Party resolute that party politics is detrimental to Local Government and that Albury residents are generally against the intrusion of party politics at a local level.

It is believed that Cr Porter has taken Cr Glachan under his wing and that they might get a ticket of their own going. In the present climate however both councillors are in a precarious position regarding their chances of re-election and it will depend on whether they can get a few preference deals going to give them any chance of re-election. Regardless of what preference deals they make it is highly unlikely that the number 2 on the ticket will have any chance of being re-elected.

With both councillors showing little evidence of tiring of local government the final decision as who heads the ticket will be an ego bruising affair.

Whether Cr Frauenfelder will run a phantom liberal ticket is yet to be seen, however such a move could be counterproductive. Cr Frauenfelder especially during his tenure as mayor came in for criticism for being indecisive and aloof allowing Cr Duncan-Strelec to seize the opportunity to appropriate the mayoral gown from Cr Frauenfelder, leaving him bewildered and somewhat bitter.

Cr Frauenfelder had apparently momentarily forgotten the first principle of political life.

WATCH YOUR BACK AT ALL TIMES

Many believe that Cr Frauenfelder will not be able to repeat the performance though some members of the Liberal Party would hope he could, and will undoubtedly be advising him in the near future.

Meanwhile the ALP have finalised their endorsed Labor ticket. It is believed that one councillor has even gone to Sydney to ask Head Office to direct the local branch to give the councillor ALP preferences. There is some disquiet amongst some members of the ALP if this eventuates with one member of the ALP warning that any decision must be discussed and voted on at a local level. The member told Borderline that appropriate action will be taken if a decision has already been made without any input from the rank and file.

STOP PRESS

Apparently the Albury Branch of the ALP were late in getting the necessary approval from Sydney to run an endorsed ticket. However it is believed they will still run the same ticket although it is not officially sanctioned. Who they give their preferences to will be of considerable interest.
Stay tuned.

The Editor / The Proper Officer

Border Line Albury Wodonga

By email: borderline@borderlinealburywodonga.com

Dear Sir
RE:      'TAKE DOWN NOTICE / CONCERNS NOTICE'
NOT FOR PUBLICATION"

We act for John Colquhoun and Paul Colquhoun, the Executors of the estate of the late Leslie James Colquhoun.
The website www.borderlinealburywodonga.com, which you control, is presently publishing an article in the following terms ("the Article").

"Brothers Can You Spare Me What's Mine"

Leslie James Colquhoun died in 1964. He had built LJ Colquhoun and Sons into one of Albury's most respected real estate agencies. In his will he specified that the 6 members of the family share equally in the legacy he had bequeathed them. Now 30 years later LJ Colquhoun's last will and testimony will finally come before the Equity Division of the Supreme Court of NSW for resolution in what has become a bitter and protracted legal battle.

The jewel in the crown of the Colquhoun estate was a large parcel of land, the Airport Industrial Estate comprising over 90 separate blocks of land.

In 2006, non executor beneficiaries of the family, Carolyn, David and Ian commenced proceedings in the Equity Division of the Supreme Court against their brothers Paul and John who were executors of the will. They alleged the executors had mishandled the administration of the estate and had used assets from the estate as collateral to purchase other properties. The statement of claim also details numerous breaches of duty and failures to account and that the executors had repeatedly failed to address the entitlements of the beneficiaries as they were obliged to do as executors and trustees. The other brother Peter Colquhoun who died in 2000 was also a executor.

It is believed that over a period of some 30 years this portfolio of properties acquired by Paul and John has amassed a value believed to be somewhere between $50 to $100 million dollars. They include the entire Coles Complex at North Albury, a half interest in the old wool stores currently being leased by the Australian Taxation Office and Centrelink, the Bunnings building, the Development Corporation building in Macaulay Street and other properties.

Carolyn Colquhoun, in particular, in her affidavit believes she has been given short thrift by the executors. After going over to Europe to marry an Australian man things seemed to go tragically wrong. The marriage did not proceed, and her mother who went over to attend the wedding died in London.

On arrival back home Carolyn was given a car an Alfasud by her brothers Paul and John 'wrapped in a bow tie'. Her brothers 'pleasant surprise' however, soured when later she found out that the car was bought on hire purchase and the repayments debited as income received from her father's estate.

The transaction had been negotiated by Paul and John as executors of the estate entirely without her knowledge.

Like Carolyn, David and Ian have also denied that over the years they received various amounts of money issued by the estates accountants and believe they were book entries. Despite repeated requests for the executors to come clean on the state of affairs of the estate, little detail was forthcoming and the 'discrepancies' continued. The disposal of the land at the Airport Industrial Estate continued and although the beneficiaries received some disbursements from the sale of the property these payments did not reflect the true value that the trustees were receiving for the land.

Carolyn also alleges in 1982 she received a tax assessment which was based on an amount totally disproportionate to her actual income. Apparently the amounts were advanced by the estate and then lent back to the estate without her knowledge. She claims that an itemised profit and loss statement for the year stated that the Falls Creek restaurant, The Oversnow, she operated had made a net profit of $7,105. The amended assessment issued by the Tax Office said her taxable income was $50,000 a difference of close to $43,000 which she claims she never received.

She then came to an arrangement with the Tax Office and eventually paid her liabilities including substantial penalties in full. Later she was reimbursed some of that amount but later discovered that this apparent largesse had been debited from the estate.

The case goes to trial later this year and is expected be an extremely expensive piece of litigation with estimates of the costs somewhere near a quarter of a million dollars. "

The Article is highly defamatory of our client. It conveys defamatory imputations of him including that:

1.      John and Paul were derelict in their duties as Executors and Trustees of the Estate.

2.      John and Paul used assets of the Estate to benefit themselves personally, in breach of their duties as Executors and Trustees.

3.      That the properties mentioned in the article were obtained by John and Paul using proceeds of the Estate.

These imputations are very serious matters to publish of any person, but especially of a person in our clients' position. We are instructed that they are completely false and without foundation. They are inherently damaging, and are made more hurtful by the fact that they rely upon an anonymous source.

We further note that the Article relates to proceedings which have yet to be heard and purports to reveal the contents of affidavits which have yet to be (and may never be) read, in evidence. In those circumstances, we suggest that no defence of fair protected report could be available to you and further, you may have been party (perhaps unknowingly) to a collateral use of court process.

We demand that the Article be taken down from your website forthwith. Our client otherwise reserves his rights entirely, including in relation to any republication of the scandalous allegations which you are presently publishing.

Please treat this as a "concerns notice" for the purposes of the Defamation Act 2005. We strongly suggest that you obtain legal advice immediately in respect of this matter.

Yours faithfully

DICK & WILLIAMS

"Dad you always told me you're a Judeo-Christian dad…?"
"I'm not quite sure what you're getting at son."
"It's about hate dad… and you told me never to hate."
"I think the advice was sound son."
"Then how come when at that barbecue last week everyone was full of hate?"
"That's different son."
"How's it different dad?"
"A Collingwood supporter has a duty to hate."
"Hate what dad?"
"Carlton… did you know son that Carlton was once sponsored by the antichrist?"
"No dad."
"It was before your time but you've heard of the Four Horsemen of the Apocalypse…very nasty."
"No dad."
"They kept them in a secret room in their clubrooms, and they'd bring them out for the big game."
"Did you go near them dad?"
"No but your grandfather did - terrible to see him lying there frothing at the mouth."
"Is that why Carlton used to win all the time then?"
"Yes son."
"What'd you do about it dad?"
"We had to get the Pope out and perform an exorcism of Princess Park."
"Did it work dad."
"In a fashion, but the Pope had a heart attack and had to go back to Rome and we got the Archbishop of Canterbury to complete the job."
"So why the hate dad."
"Well you see the Archbishop of Canterbury never really completed the job because they nobbled him with a few drinks and the next thing he was denouncing God and was made an honorary spiritual adviser to John Elliot."
"It must have been hard dad."
"It was son…I think that's why your mother left me."
"Is that why she left me as well?"
"I can think of no other reason…I saw her once at a game. I had to leave at half-time."
"Why dad."
"She was sitting with the Carlton Cheer Squad."
"I'm sorry dad."
"It was like a dagger in my heart son - pure evil."
"Do you hate her dad?"
"Yes son."
"How many people would you hate dad if you counted them all?"
"I suppose it would be a couple of hundred thousand - it can be fairly exhausting at times hating."
"Do you hate any other clubs dad?"
"No son."
"I do dad."
"What!...I told you never to hate."
"I hate the Swans, Geelong, West Coast…Adelaide…and the Bears - I really hate the Brisbane Bears."
"I never brought you up to hear that talk."
"I still hate Carlton dad."
"I know you do son but you've got to show… well a bit more of the Judeo-Christian spirit."
"I'll try to dad but it'll be hard."
"I know you can do it son."
"I'll start tomorrow dad."
"Why not right now son."
"Well there's a game on tonight and Hawthorn are playing and I hate Hawthorn dad."
"Alright then son - tomorrow then."
"And what are you doing tonight dad?"
"I'm looking for clues son."
"Clues dad…?"
"Yes son if Richard Pratt goes down I want a hand in it - just imagine son the glory!"
"Have you got any clues yet dad?"
"As a matter of fact I haven't son, but you see I'm a hater son so I've made up my mind - guilty!'
"Then why do you need clues dad?"
"Because it's part of the Judeo-Christian tradition - do you think I'd convict an innocent man?"
"No dad."

There's a conference in Venice and I think it's in Wodonga's interest that we should be there Pete."
"What's it about Lisa?"
"Transient Service Hubs and The Infrastructure Process Using International Protocols."
"It sounds absolutely essential to the future planning of Wodonga - any good hotels nearby?"
"Christ Pete it's Venice - the Danieli!"
"That's June - July?"
"San Francisco Structural Formulations in Urban Networks."
"Sounds like it's got something to do with a Wodonga Type situation, we definitely need structural formulations they're crying out for it… how many nights?"
"Five but it ends on a Friday so maybe we could go to New York for a bit of lobbying they must have some issues regarding a rail bypass - or what about Mexico City…Toronto…Moscow. What about Hollywood?"
"At our own expense of course, I don't want any more accusations that we've got our snouts in the trough."
"It's so unfair Pete bastards! When we put in a claim for Quick-Eze to get over indigestion they laughed I hate them!"
"Don't take it to heart Lisa they're only scum August?"
"And snakes in the grass… August Carbon Neutral Knowledge Display Technology, Sydney."
"But we were in Sydney last week."
"I know but we really need it in Wodonga remember when I was telling you last night Wodonga will suffer serious problems if we don't get on to carbon neutral display technology. I just got this report we commissioned back this morning The Consequences of Denying Carbon Neutral Display Technology. We could all die."
"Yes but some of our detractors might think we could just use a blackboard."
"Don't you worry about them losers!"
"September?"
" Perceptual Models in The Contemporary Streetscape Hong Kong."
"Wodonga would learn from that...perceptual models. We all know it's essential to good networking. Wangaratta hasn't got perceptual models and they're in terrible shape."
"A few nights at The Peninsula will be great bit pricey but I'm sure the folk of Wodonga would find it abhorrent if they knew their representatives were slumming it in some hole October?"
"Doesn't seem to be anything on ... why don't we go to Melbourne and do a bit of lobbying about the rail bypass. How long is it since we've been to Melbourne to lobby about the rail bypass?"
"Last Monday."
"Why don't we go to Ballarat instead."
"That's a good idea Pete I think it would fit in perfectly we could have a bit of a function and announce that Wodonga will host....what could we host that was strategically important between Wodonga and Ballarat.... What about Bendigo?"
"We'll have to go to Bendigo as well- we could stay at the Shamrock ... beautiful place. I haven't been there ... what it must be close to a year when we went to that conference, I forget what it was about but it must have been important November?"
"The Melbourne Cup more lobbying about the bypass, do you remember Pete last year you were so busy lobbying in the mens you didn'tt even see the big race.."
"It was the damn oysters….December?"
"Corporate Sustainability Principles in Infrastructure - Copenhagen."
"I've heard they really push Christmas in Copenhagen during December. They might think it's nothing more than a junket."
"They would wouldn't they. We travel the world getting the latest methods to make Wodonga the greatest place on earth and what thanks do you get Pete bloody none! Don't they know they live in the greatest place on earth look at this survey I got back this morning State of Mind Survey, Wodonga… look what it says here. From a survey of five thousand people four thousand nine hundred and ninety-eight respondents claimed they were deliriously happy - deliriously happy Pete!"
"What about the other two?"
"Losers."
"Sometimes I feel like Don Quixote - by the way it opens in London in Februar. Anything going?'
"Communication Systems using Telemetry Surface Systems."
"Have you booked Lisa?"
"First thing in the morning."
"Well then I'd better get some sleep, big day tomorrow. Performance Bonus Review day."
"Pete…?"
"Yes Lisa."
"Do you think I'd make a good Joan of Arc?"
"Why do you ask?"
"Well in June when where're in Paris for the Alternative Urban Concept Conference we have a day off and I'd like to go to the Joan of Arc Centre where you can dress up as Joan of Arc."
"That's great Lisa, I wonder if I could get dressed up as Don Quixote, then we could have a picnic."
"That's a great idea good night Pete."
"Good night Lisa.