Later this afternoon, the neighbor across the road, swerved his car at my son Deiter’s car with both with 2 of my american visitors in the car as passengers. I think one of them caught a picture of the neighbour’s vehicle with the registration number. This is the same man who swerved to hit the pony and sulky, swerved at two employees on separate occasions, and who swerved at me while I was walking Jag Stella and Clemmie early in the morning of the day that they arrived here.
The Warragul police are not interested.
Adele called the Warragul police station from NSW and spoke to a Sargeant Rosenblaum (or similar) who was extremely rude to her. She is astounded. A friend then called and spoke to the same Sargeant who told her that he was ‘sick and tired of Roberts Road and wasn’t interested’.
The Warragul police provided an ESCORT this afternoon for the neighbor across the road to visit a ‘friend’ near the water plant which is about two kilometers up the road! Leith followed them and so did Deiter and my two guests, I’m not sure. Yet the Warragul Police have twice not attended when triple zero was called, and we have been waiting three weeks for an appointment with the criminal branch to report the break in by Debra Tranter.
We all have a very bad feeling about tonight, as if something bad is going to happen. Please pray for us for our protection.
We all have a very bad feeling about tonight, as if something bad is going to happen. Please pray for us for our protection.
Xoxoxo
Bev
The neighbor across the road just rushed at Bev's visitor when she was taking Jag for a walk. He shouted abuse and threats at her and she ran back inside and called triple zero (your 911). It's about twenty minutes ago and the police are not here yet. The visitor called triple zero again and it turns out that the police are now across the street talking with the neighbours but they haven't called here to find out what happened yet!!!!!!!!!!
Bev
BEVERLEY WOULD LIKE TO THANK ALL OF HER SUPPORTERS INCLUDING THE 525 PEOPLE WHO SIGNED THE PETITION REQUESTING THE BAW BAW SHIRE PERMIT HER TO CONTINUE HER BREEDING AND RESEARCH OF THE AUSTRALIAN LABRADOODLE.
BAW BAW SHIRE CHRONOLOGY
1. In August 2007 prior to purchasing the property and business running on it I contacted the shire and spoke to Steve Hedger to inquire if the permits for the business were in order. He told me that the business came under ‘the law of continuance’ because it had been operating since 1972. Based on this information I proceeded with the purchase. There were two separate contracts, one for the property itself a second contract for the business which was permitted for the breeding and boarding of dogs. I paid the vendor an extra one hundred thousand dollars on the business contract.
2. Baw Baw shire cashed my money for the transfer of the existing businesses from the vendor’s name into my own name. I proceeded to upgrade the facilities which were non compliant and which had some kennel areas which were prohibited from use, which had not been disclosed in the property purchase documents. (failure to ‘discover’ on the part of my lawyer who handled the purchase).
3. In December 2007 two Baw Baw Shire employees, Steve Hedger and Steve Venville made a thorough inspection of the kennels, commented favorably on the vast improvements I had made to the property and facilities, and left saying that the transfer of the permits would be in my hands ‘in a few days’.
4. In April 2008 when annual renewal for the business permits came due the Shire accepted and cashed my fees for the renewal of the permits despite the fact that the transfer had still not been provided. At my request my (new) lawyer wrote to the Shire to express my concerns at the non arrival of the transfer of permits. The Shire responded that their ‘decision’ on whether or not to grant the transfer would be made within two weeks. This was the first we had heard that there was any discussion or possible reason for refusing to give the transfer of permits. Three months later there was still no word from the Shire.
5. In April 2009 I once again paid the annual renewal of the permits but still did not have the permits transferred into my name. The Shire accepted my money.
6. In May 2009 The Shire charged me with two criminal offences – running two illegal businesses – breeding of dogs and boarding of dogs - without a permit.
7. In May 2009 a few days before the court date the Shire dropped all its charges. My lawyer was not informed of this and had no knowledge of it until I called him to ask where I was supposed to attend, what court, what time etc. He then contacted the Shire’s barrister who told him that all charges had been dropped.
8. In May 2009 Steve Hedger from the Shire called me and asked me if he could drop by to see me. He said that he had my permits all ready to be signed and handed over. When he came by in person a few minutes later I invited him in and he handed me a Baw Baw Shire official form to fill in and sign, which he said was for the transfer of the permits.
I noticed that the form was not a business transfer, but a form for notification of change of name. There was no reference of any kind on the form to a business nor a transfer of a business. When I questioned Steve Hedger about this he said that he had spoken to his superior, John …………….. (I think Gaskell) who had told him that the Shire office couldn’t find the correct forms and that they would accept any piece of paper as long as I signed it. This sounded ridiculous to me but I needed that useless form as evidence so I told Steve Hedger to leave it with me, and that I would look at it and sign it and send it in to them. He handed me back the form.
On the same day, using the correct form which I acquired through another avenue, I filled it all in, signed it and sent it by registered post to the Shire with a letter outlining the events of the visit when Steve Hedger had been here with the phoney form, and reminded the Shire that they had already received my payment and I quoted the receipt reference in the letter.
We received no response to this letter from the Shire.
9. In approximately June 2009 the permits finally arrived, without explanation of any reason for the long delay or the previous actions of the Shire. It was at this time that the EPA increased its pressure and began its unreasonable and unjustified demands.
Notes: The above is the bare bones of the chronology for the sake of brevity. Additionally there have been incidents of extreme intimidation, including a four hour long interrogation (which the Shire called an ‘interview’ at the Shire which was not taped as promised, to which we were refused a transcript, and which the Planning Officer John Gasket (Gaskell?) signed Steve Hedger’s handwritten account as true and accurate accounting of the proceedings…without reading it.
At this interrogation I was advised that if I attended criminal charges could be laid, my office administrator was not permitted to be present and Steve Hedger and John……. Tried to remove an independent mediator Mr John McCaffery from the room, allowing him to remain only if he ‘did not speak’.
Half way through the aggressive intimidating interrogation I collapsed and had to be assisted out of the room by my office administrator who came running in, and Mr McCaffery. They helped me across the street where we took a twenty minute respite over a cup of coffee before returning for another two hours of interrogation. Questions fired at me included events of fifty years ago and when I could not remember, I was accused of refusing to answer. I had no idea of the relevance of these questions as I have had a blemish free record with my dogs in fifty five years, forty of those in this same Shire.
The above is a true description of events and free from embellishment. Hard document evidence supports what appears in the statements above and I would stand by them in any court of law and before God.
Beverley Manners
Beverley Manners
New Covenant Corporation ABN 44123187182
Trading as -Warragul Boarding Kennels and Cattery
Warragul Victoria 4th July 2008
SUMMARY OF EVENTS
The previous owners of Warragul Boarding Kennels and Cattery (Keith and Patricia Lovell) advertised their property and boarding kennel business for sale in 2007 on their website on the internet.
INITIAL CONTACT WITH BAW BAW SHIRE COUNCIL
I contacted Baw Baw Shire to ask about the status of the Kennel Permit and was told that it had been in existence since 1972 and would be automatically transferred to a new owner. Based on this information I proceeded with the purchase, with the property itself purchased via one contract for $550,000.00 and via a separate contract for the boarding kennel and breeding business running on the property for an additional $100,000.00.
Shortly after I moved in someone placed a typed letter in my letterbox which was obviously being circulated to my neighbours. The circular had printed on it in pen “FOR YOUR INFORMATION”.
See Exhibit A at conclusion of this document.
I subsequently discovered that there was a paper trail between the EPA and Keith Lovell spanning over a year and that neighbours had signed a petition against the kennels. This was not disclosed to me prior to purchase and the lawyer who handled the purchase Duffy & Simon in Pakenham had obviously missed it.
PAST HISTORY OF THE PROPERTY.
Keith and Patricia Lovell ( Tjuringa Airedale Terriers and Welsh Terriers ) bred
their dogs on this same property for a number of years in conjunction with operating the dog and cat boarding business. I believe that they did this for in excess of 15 years, and I am expecting to be able to verify this within a few days.
Prior to Keith and Patricia Lovell breeding and boarding dogs on this property, it was owned by Helen Dempsy who also operated the boarding kennels and bred Gordon Setters here for approximately ten years. I have only recently discovered that Keith Lovell and Helen Dempsy both bred dogs on the property without a breeding permit.
Both Helen Dempsey and Keith and Patricia Lovell also operated a dog grooming business on the property. I have seen no permit for this part of the business.
RECENT HISTORY OF THE PROPERTY
I moved onto the property with my own dogs in August 2007. The dog facilities were in my opinion sub standard and prior to accepting dogs or cats for boarding, I carried out extensive
improvements which cost approximately $115,000.00 including the replacement of rusty wire mesh, renewing of plumbing and electrics and the erection of a solid wooden six ft high fence surrounding the entire Boarding and Breeding complex. By December 2007 I still had not heard from Council with the transfer of the Dog Permits. In response to a formal complaint made by neighbours that I was carrying out illegal building works on the property, I invited Council to visit for a full inspection as I was not carrying out illegal building works. Council inspectors Steve Hedger and Steve Venville visited the property and spent two hours during which time they were given an extensive tour including the breeding puppy nurseries. They expressed that they were impressed with the improvements and that I should receive my transfer of Permit within a few days. One Example of Before and After
.
BAW BAW SHIRE DEMANDS THAT I APPLY FOR TWO BRAND NEW PERMITS.
By Laws officer Steve Hedger informed me in June 2008 that my permit will not be transferred and that I must apply for both a new Boarding Kennel permit and also a Breeding Permit. He also informed me that if there are any neighbour objections then the permits will not be approved. I told him that I should not have to apply for new permits because the Shire has already accepted my money for the transfers and promised that they would be provided back in December 2007.
It is a foregone conclusion that should I submit these Applications they will be refused on the basis of the noise complaints from neighbours. I have not applied for new permits because I believe that I should not be required to so, especially under these circumstances.
Months ago several neighbours were complaining. There was a more frequent than usual barking of dogs due to the daily presence of strangers, i.e. workmen, repairing the infrastructure and building the extensive wooden fencing. However over the past couple of months as works were almost completed, there have been no complaints issued to my knowledge other than the neighbours directly opposite. These neighbours shout abuse at me and leave vulgar and threatening messages on the night switched business phone number. On Sunday 15th June at around 1.20pm they both shouted at me from across the road outside my front gates, saying did I know how much they hate me, how much the council hates me and how much „everyone‟ hates me and why don‟t I just go away‟ (not in such nice language).
MISCHIEF BY NEIGHBOURS
On 16th April at 3.50pm I received a „phone call from an „Amy‟ at the Baw Baw Shire Council. She said the purpose of her call was to ask me to whom I wanted her to pass along “the letter I was supposed to have written and hand delivered to Council the previous day”. When I denied any knowledge of this letter she then refused to disclose the contents of the letter.
EPA DISCLOSING INFORMATION TO NEIGHBOURS AND MAKING UNREASONABLE DEMANDS ON ME
In response to my own request for EPA to attach a noise metering device to my property, they did so without notifying me, between 6th June and 13th June 2008. I was not informed that the device was being put on my property, but the neighbour across the road knew all about it and the dates it was there. We know this because she left another abusive message on my answering machine telling us “the joke is on you because you are still being recorded”.
We have kept all the abusive phone calls recorded on the answering machine.
I SUSPECT COLLUSION BETWEEN NEIGHBOURS, COUNCIL AND THE EPA
1) The dogs on the property were unsettled for a few nights during a particular period which puzzled me. My Rottweiller who sleeps in my bedroom woke up and prowled my bedroom during the night on several occasions, with his hackles raised and growling. This is very unusual behavior for him. I now believe that the neighbours or someone on their behalf was intentionally making dogs bark so as to record a false reading on the noise meter.
Since the readings were done we received an official report from EPA on 1st July 2008 making demands which are unreasonable such as telling us that the kennels need to be in a
„topographically suitable location” an impossibility as they have been established in this spot since 1972.
2. A sacked employee Joanne Fontana (dismissed due to cruelty to one of my dogs) made a false report to the RSPCA and to the Shire Council claiming that while she worked for me I was cruel and neglected the dogs.
RSPCA INVESTIGATED COMPLAINT
RSPCA inspector Darren Hickey came to inspect my property and operation at 1pm on 26th May 2008. He interrogated me and office administrator Helen Lawrance and made a thorough inspection of the kennels, housing, dog food and storage areas over a period of approximately 1 1/2 hours. Mr Hickey informed us of the new strict laws that came into being since 1st July 2007 concerning the care of animals belonging to other people, and left saying that we would probably hear nothing more about it.
Steve Hedger had told me that no permit would be considered until the outcome of the RSPCA inspection. As at 4th July, there has been no report passed on to me regarding the RSPCA investigation.
Exhibit A is included below. Further supporting documents can be available if requested.
Sincerely,
Beverley Manners
Ph 03 56 23 1129
Exhibit A on next page.We the undersigned, The Friends of Rutland Manor are petitioning the Baw Baw Shire Council to allow Rutland Manor to continue operation at its current location without further harassment and intimidation from the Shire and those seeking to force Rutland Manor off of it's property.
Rutland Manor's Australian Labradoodle is known the world over as a service dog with important positive social impact. When Rutland Manor took over it's current location roughly 12 months ago, it did so openly and clearly as a breeder of the Australian Labradoodle and the acquisition of the property was approved at the time. Now because of urban sprawl and political desires, Rutland Manor is unethically being pressured off of it's property.
The world community of Australian Labradoodle owners will not stand for these egregious and bullying tactics that have no merit or basis and fact. Rutland Manor has been operating for 30 years with no complaints of noise or otherwise. The world community of Australian Labradoodle owners will spotlight this issue, bringing attention to the injustices and expose it for what it really is. We urge you to reconsider the way in which the Baw Baw Shire Council has pursued this matter and immediately cease and desist all hostile aggressions toward Rutland Manor and allow them to peacefully continue operations in their current state and location.