GE Service Performance


What would any reasonable person conclude from the following sentence? –

“Council can assure you that emails to Councillors are treated in accordance with the wishes of individual Councillors”.

This sentence comes from the response to a public question (10th April, 2006) and signed off by the then Mayor, David Feldman. It suggests that vetting, intercepting, archiving, of emails is done with the INDIVIDUAL CONSENT OF EACH COUNCILLOR. Reality, however might suggest something entirely different. We might even contemplate whether each and every councillor is aware that this happens, the full extent of the ‘surveillance’, and if they are aware, whether or not they have ever granted their unequivocal, individual consent. It also raises many legal questions as to what constitutes ‘official council business”. If residents email a councillor inviting him/her to a private party because he/she happens to be friends with these residents, then what right have anonymous officers got  to view such private emails? And who is the ultimate arbiter of ‘official business’ anyway? The real issue though is how can something be classified as ‘official business’ unless it is first opened and read by an anonymous council-appointed censor?

The Whelan Report made it absolutely clear that the siege mentality of this administration is to gather as much ‘information’ (on councillor activity?) as possible –“The administration has adopted the practice of retaining copious records as protection against possible accusations by Councillors”. Logically then, in order to sift through what might be ‘accusatory’, everything must be captured, logged, archived, and kept in a little black book on someone’s desk.

Surveillance is enshrined even further through the Staff Code of Conduct – “Staff members must keep their manager/Director informed about information/requests from Councillors. If a matter is of interest to a Councillor, the Councillor may raise it with the Director or CEO and they ought to be aware of it so that they can respond effectively. The only officers who are authorised to provide written information to Councillors are the CEO and Directors. This includes faxes and emails. The reason is that the CEO and Directors meet regularly with Councillors and are aware of the context of requests and issues. All written information to Councillors goes via the Councillors’ secretariat in the CEO’s Office”.

In most organisations, this is innocuous and reasonable. How benign such as state of affairs is in Glen Eira is the fundamental question. Senior administration have elevated themselves to the role of self-appointed gatekeepers, collecting and feeding whatever information they want to councillors. Further, it could be argued that other staff are dragooned into being pseudo spies, reporting every conversation and request to those on high. We know of repeated councillor requests for information which have failed to materialise, or have been delayed for so long that the issue is dead and buried.

One thing is absolutely clear to many residents. The corporate culture of Glen Eira is in desperate need of change. Only Councillors can enact this change – if there’s the will and the courage – as demonstrated in the Gold Coast councillors’ resolution.

The minutes from last Council Meeting have finally made an appearance. Two questions were asked in relation to the initially proposed pedestrian ‘refuge’ in Alma Rd. We find these queries particularly informative – especially when they are compared to the announcement in the September Glen Eira News which stated:

“Alma Road, Caulfield

pedestrian refuge

Council sought submissions regarding a proposed pedestrian refuge in Alma Road, Caulfield North.The pedestrian refuge is planned to be installed just east of Wilks Street and is designed to facilitate walking and improve pedestrian safety in line with Council’s Towards Sustainable Transport 2011–2014 Strategy”.

The ensuing public questions were –

Subject: Pedestrian refuge in Alma Road

“What, if any is the justification for Councils proposal to put a pedestrian refuge in Alma Road Caulfield North? What if any investigations have been made with regard to the need for such a pedestrian refuge in the suggested position?”

The Mayor read Council’s response. She said: “Following public consultation Council’s Transport Planning department has decided not to proceed with this pedestrian refuge at this stage.”

Subject: Pedestrian refuge in Alma Road

“How does council justify spending money on an unnecessary pedestrian refuge in Alma Road North Caulfield? What if any evidence does Council have of any danger posed to pedesrian traffic which might outweigh the justification of denying residents adequate access to their homes? What evdience does council have to justify the comment that there is no demand for parking in the area? How does council justify written promises made to residents that parking in the area would not be affected by the addition of new bicycle lanes and then 6 weeks later write to resident with a completely opposite proposal? How does Council justify the inconsistancies in the implimentation of its own Glen Eira Road safety strategy?”

The Mayor read Council’s response. She said: “Following public consultation Council’s Transport Planning department has decided not to proceed with this pedestrian refuge at this stage”.

COMMENTS:

  • Residents reading the Glen Eira News could be forgiven for thinking that the refuge installation was a fait accompli.
  • Second question on ‘evidence/research/statistics’ remains typically unanswered
  • Residents are no clearer as to WHY Alma Rd was first chosen, and now, why it has been disgarded.

We’ve previously reported on the allegations of bullying and harassment made against Cr. Penhalluriack by Andrew Newton. We’ve also highlighted the fact that such allegations are not a new tactic by Mr. Newton – as evidenced in the Whelan Report.

We believe that it is in the public interest to reveal some further information on this issue so that the record is set straight and people may make up their own minds as to what is actually going on. The facts are:

  • Council (rather than WorkSafe) hired Ms. O’Neill to conduct an ‘investigation’ into the bullying allegations
  • Ms. O’Neill is a lawyer specialising in workplace issues
  • Two residents were interviewed by Ms. O’Neill at the request of Cr. Penhalluriack
  • These residents were asked for their views on the ‘interactions’ between Cr. Penhalluriack and Newton at 4 separate Council Meetings. They were also asked for their opinion as to whether these ‘interactions’ were ‘appropriate’
  • The specific council meetings primarily involved Cr. Penhalluriack’s Request for a Report on meetings between the MRC and Newton; the mulch heap fiasco and the Boyd park grant for drainage.

Both residents confirmed the following:

  • Penhalluriack was fulfilling his legal and fiduciary duty in highlighting possible health risks which could place Council (and its employees) at risk if not attended to. It was also noted that only two councillors voted against the motion. Hence a majority were in agreement with Penhalluriack
  • That as a councillor Penhalluriack has a legal and fiduciary duty to ensure that funding is spent in the most cost-effective manner and to the benefit of the residents of the municipality
  • That other councillors over the years have also expressed ‘disappointment’ with the content, comprehensiveness, and overall quality of officers’ reports. That current councillors, apart from Penhalluriack, have questioned procedures and the need for cost-benefit analyses in reports.
  • That in their view, Penhalluriack’s language, demeanour, and questioning of officers is perfectly appropriate given his role and legal obligations as a councillor. At no time could either resident perceive these ‘interchanges’ as bullying and harassment.

Admittedly, neither of these residents are privy to what goes on behind closed doors. They could only attest to what they had witnessed. However, several points need to be made:

  • Are we really and truly expected to believe that a seasoned bureaucrat like Newton suddenly feels threatened because a councillor sees fit to ask uncomfortable questions in public and/or in private? Or that he demands reports that are detailed and comprehensive?
  • Should residents accept the silence and refusal to answer public questions on how much this investigation has cost them? We have stated before that any lawyer worth a cracker would probably be charging somewhere between $150 and $400 per hour. Then there’s also the writing of the report and god knows how many people were interviewed. So what is the pay out to O’Neill? We hazard a guess that it could be well over $30,000.
  • History tells us that the bullying card has been played before by Newton. Really amazing that a man who has worked in Canberra and at State level and undoubtedly experienced much pressure in these jobs, should twice in 6 years suddenly feel ‘bullied’ by mere part timers, who ostensibly, are simply doing their elected tasks.
  • What further machinations are being played out behind closed doors, since the in camera items continue to feature ‘Occupational Health & Safety’ items which we presume relates to this affair?

We’ve also stated several times that the history of Glen Eira is besmirched with dismissals, disagreements, and now 4 Municipal Investigations. All (serendipitously) coincide with the arrival of Newton. He remains the solitary common denominator in all these trials and tribulations. The next month is thus crucial. Councillors must decide whether to anoint him for another 2 years, or seek a new CEO that will bring a breath of fresh air into Glen Eira and transform what many residents see as a repressive and out of touch corporate culture.

The following statements were made in relation to the ‘minutes’ of the Pools Committee –

LIPSHUTZ: Pools committee meets on a regular basis…’pool is progressing very well’…one pool has already been tiled and the other one is being tiled….’we are still on track for a December opening’…..’our staff are right on top of the work…..’the builder tried to suggest measures which our staff rejected’….’that indicates the level of concentration and the level of awareness that’ staff have in relation to the pool….

PENHALLURIACK: ‘I have been attempting to attend (the pools committee meetings but dates aren’t published and minutes aren’t provided)….’I am concerned that there are no records in the minutes of progress ….items 1 to 5 are all subheadings and no information about what’s happened….I am more than happy to accept the fact that we have experts….but I would like to be able to attend these site meetings to see for myself…..and a little more detail than what we have in these minutes…..liquidated damages tells me nothing….these (should be)  meeting minutes and not simply meeting headings… there is no date for the next meeting (Penhalluriack asked Lipshutz when the next meeting is scheduled).

Lipshutz responded that he doesn’t recall but will check.

The 466 Hawthorn Rd. Heritage listing is also on tonight’s agenda items. Officer recommendations are to accept the Panel Report recommendations and to include the 2 Seaview properties under the Heritage listing. Should we therefore expect some humble pie tonight from councillors? After all, they have cost residents an extra 4 Heritage Advisors ‘reports’; a panel hearing, lawyers and staff time. In short, quite a few thousand dollars that has been needlessly flushed down the toilet. Readers should also remember Cr. Lipshutz’s new found expertise in Heritage matters. We also had Tang and Hyams claiming that recourse to a Panel was to ensure that a member of the community wasn’t disadvantaged simply because of who he was.

We anticipate that this will be the constant refrain tonight – council has only acted in the best interests of social justice, blah, blah, blah. No apologies, and no accounting for the dismal performance of Council lawyers in this matter. But, we still have had no real plausible explanation of how and why this stuff up occurred in the first place. Nor what role the planning department played in this entire fiasco.

Tonight’s council meeting will decide on Item 9.2 – subdivisions and the ‘vesting’ of 7 lots in Council. There is also the important consideration of – “To remove and replace outdated easements with a new drainage easement”. What all this means is that council is preparing for the sell off of numerous strips of land to surrounding owners. All well and good – if the sell off has been calculated to reap more dollars than it costs.

Over a year ago, it was revealed that in order to flog a strip of land, council had to update the drainage system and that this would be in the order of $40,000. The proceeds from the sale were declared not to come anywhere near this figure. Given this history, we can only speculate as to whether there really has been a full and in depth cost benefit analysis done? Of course, there are no figures contained in the Officer’s report to provide guidance, nor satisfactory justification. We therefore ask:

  • How much will this cost ratepayers in terms of officers’ time; potential new works, etc?
  • What is the anticipated revenue from these eventual sell offs?
  • And the bottom line – has a cost benefit analysis been done?

Below are two extracts from the Auditor General’s Report that are critical of Whittlesea and Hepburn. It’s curious that: 

  • Whittleseas’ acquatic centre comes in for special mention, yet there is not one single word about GESAC in the entire report. Readers will remember the original cost estimates for GESAC and what we’re now saddled with. Further, there is no mention of the additional $450,000 for a car park nor any investigation as to why this wasn’t included in the original ‘business plan’ or design.
  • One would reasonably expect that when a municipality binds itself to a $40 million plus infrastructure project that it would at least deserve one sentence in any report. The fact that there is total silence, makes us scratch our heads and wonder what on earth is going on?
  •  Hepburn also comes in for criticism about its site selection and the additional funding that was required. We should keep in mind the Caulfield Park relocation of ovals as a result of the pavilion construction. Again, not a word from the Auditor General on this little ‘alteration’ after the fact.

Figure 3A

Redevelopment of Thomastown Recreation and Aquatic Centre – Whittlesea

Whittlesea’s redevelopment of the Thomastown Recreation and Aquatic Centre was adversely affected because a robust business case reflecting the project’s final design was not sufficiently developed.

A feasibility study was completed in January 2007 that identified the project’s need, various delivery options and an initial budget estimate of $17 million. However, the design of the preferred option was not sufficiently developed at the time construction started in mid-November 2008. The decision to start the project in the absence of a robust business case was not consistent with good business practice.

The design was changed substantially prior to, and during, the construction phase following consultation with various stakeholders. The ongoing design changes meant that the initial feasibility study was no longer relevant as it did not examine the impact of these changes.

The design changes led to the project’s budget being revised to $24.6 million, and to a dispute and negotiated financial settlement with the contractor who was paid a further $570 300 in additional costs incurred as a result of the incomplete design at the start of construction.

The project is presently around $12.9 million (75 per cent) over the initial budget and $5.3 million (21 per cent) over the revised budget.

Figure 3B

Construction of elderly persons units – Hepburn

Hepburn’s decision to invest in the construction of three elderly persons units without a business case resulted in it committing $591 000 in its 2010–11 capital budget to a project that it later discovered was not feasible on the selected site.

The risks and costs associated with the project were not sufficiently considered in identifying the preferred option, resulting in the need for an additional $150 000 for unforeseen remedial works on the chosen site rendering the project impractical.

The initial proposal was not soundly based, and to date Hepburn has spent $15 000, including staff time, on the original plans.

Hepburn has since decided to carry forward the project’s budget into 2011–12 and to explore alternative sites. A comprehensive business case developed at the outset could have averted this situation.

Some edited highlights from the just released Auditor General’s report (uploaded) Business Planning for Major Capital Works and Recurrent Services in Local Government –

This audit examined Glen Eira City Council, City of Whittlesea, South Gippsland Shire Council and Hepburn Shire Council as a representative selection of councils to determine whether they had effectively integrated their planning and budgeting, considered the long-term sustainability of selected investments and produced accurate and reliable budgets and forecasts.

While Glen Eira generally manages its planning and budgeting well, considerable improvement is still required by the other three councils examined before they can provide adequate assurance to ratepayers they are spending their funds appropriately and effectively.

While all councils had long-term financial plans going out 10–15 years, there was little assurance they were soundly based because they were not adequately supported by equivalent strategic and/or service and asset management plans. Further, none of the councils examined could demonstrate they adequately consulted their communities on the financial and other consequences of their aspirations when initially developing their council plans.

Glen Eira mitigated this through its ongoing program of community consultation informing its annual Best Value reviews, service delivery decisions and business cases for capital projects, but this was not so at the other councils.

In addition to progressive engagement during the course of the audit, in accordance with section 16(3) of the Audit Act 1994 a copy of this report, or relevant extracts from the report, was provided to the Department of Planning and Community Development, Glen Eira City Council, City of Whittlesea, South Gippsland Shire Council and Hepburn Shire Council with a request for submissions or comments. The Glen Eira City Council acknowledged the request and elected not to make a submission. Submissions were received from the Department of Planning and Community Development, City of Whittlesea, South Gippsland Shire Council and Hepburn Shire Council.

Best Value Principles

The Act also sets out the Best Value Principles that should inform council decisions on services. The application of these principles aims to improve local government services by making them affordable and responsive to local needs, and to encourage councils to engage with their communities in shaping councils’ services and activities. The Act identifies the following six principles to guide how a service should be monitored and reviewed on an ongoing basis:

  • • all services should be responsive to community needs
  • • each service should be accessible to those community members to whom the service is intended
  • • a council should achieve continuous improvement in the provision of services to its community
  • • a council should develop a program of regular consultation with its community in relation to the services it provides
  • • all services provided to the community should meet cost and quality standards set by the council.

Developing good quality plans is central to assuring that councils effectively and efficiently meet community needs. This requires engaging with local communities on the feasibility of their immediate and long-term priorities. It also requires measurable objectives linked to these priorities supported by clear strategies, actions and performance monitoring, and clearly identifying the service levels, resources and responsibilities for achieving them.

By closely integrating their strategic, operating and financial plans councils will be better assured that their services are sufficiently funded and delivered at an appropriate cost to the public.

Glen Eira’s planning and budgeting is well integrated and generally effective. However, the quality of the strategic, financial and asset management plans at the three remaining councils is poor. Objectives, strategies and actions were not clearly specified nor linked to useful performance indicators. Community input into the development of council plans was limited, and these plans, including shorter-term operational plans, are not underpinned by rigorous service and asset management strategies. Consequently, the plans are not sufficiently integrated and do not align well with their annual budgets.

Accordingly there is little assurance that these three councils have sufficiently identified community needs, that they have appropriate strategies in place to address them, and that they have made sound budget decisions.

Quality of planning

There was significant scope to improve the quality of the strategic, operational and financial plans of three of the four councils examined. Glen Eira had an ongoing program of community consultation, but the remaining three councils had not adequately consulted their communities on the feasibility of their priorities in initially developing their council plans. Strategic and operational objectives were not clearly specified, nor were they supported by soundly developed strategies, actions and performance indicators. Operational plans also lacked sufficient detail on the required service levels, resources needed and responsibilities for achieving objectives.

2.3.1 Community consultation

Council planning begins with consulting the community on its needs and expectations for the future, and its ability and willingness to pay for services and assets. The community needs to be well-informed on the social, environmental and financial implications of its aspirations to give the council reliable guidance on its long-term direction.

Glen Eira, South Gippsland and Hepburn have a community engagement policy but only Glen Eira applied it as intended when developing its council plan.

Long-term strategic plans

Only Whittlesea had developed a long-term strategic plan that outlined its vision to 2025. Glen Eira indicated that it intends to start consultation on the development of a 10-year community plan in mid-2011.

Long-term financial plans

All four councils examined had a long-term financial plan covering 10 to 15 years, designed to assure services are provided in a financially sustainable manner. However, they were not paired with equivalent long-term strategic plans in any council except Whittlesea.

Strategic resource plans

The audit compared each council’s current operating and capital works budgets with the forecasts published in their 2009–10 strategic resource plans to assess the accuracy and reliability of their budgeting and forecasting. The variances in total revenue and expenditure were not material. However, the councils had greater difficulty estimating future capital expenditure, with variances of 14 per cent in Glen Eira, 19 per cent at Hepburn and in excess of 50 per cent for both Whittlesea and South Gippsland.

Annual budgets

The annual budget process at all councils informs councillors in a timely way of the assumptions underpinning the budget. However, the shortcomings identified at Whittlesea, South Gippsland and Hepburn mean there is little assurance councillors have sufficient, appropriate information to assess the soundness of proposed investment decisions or whether services are of appropriate cost and quality.

Investments in capital works are not supported by rigorous business cases at the councils examined except for Glen Eira. This provides little comfort that these councils’ investment choices are sound and adequately support the achievement of their long-term objectives.

Although Glen Eira had developed sound business cases for the vast majority of projects examined, three instances of inadequate practice were identified and are outlined in Figure 3C.

Figure 3C

Opportunities to improve business cases for capital projects – Glen Eira

In one case, $300 000 was included in the 2010–11 capital works budget for a dog agility park without a supporting business case. The project was added at the request of councillors but it had not gone through the usual capital evaluation process. Council staff advised that they do not retrospectively develop business cases when councillors exercise their prerogative to fund such projects. However, this may result in committing funds to projects whose need, scope and feasibility has not been sufficiently recognised.
In this case, after $54 500 had been spent, councillors decided in February 2011 not to proceed with the project and to re-evaluate its need following the outcomes of a dog off-leash review by the council.

The business cases for a new maternal child health and kindergarten centre worth $600 000, and the upgrade of ageing shopping centre infrastructure valued at $640 000, did not contain key information needed to demonstrate the rationale for proceeding with the projects: such as a description of why they were needed, an analysis of risks, whole-of-life cost, outcomes of consultations and a cost-benefit analyses were not included. Nevertheless, funding for each project was approved in the 2010–11 capital works budget. In the absence of this key information, it cannot be shown that the need, scope and long-term viability of the projects were adequately considered.

Glen Eira did Best Value reviews that assessed the quality, cost and responsiveness of its services. However the cost and quality indicators for aged care and recreation services were of limited use. For example, there was no quality standard/target for aged care services and the cost standard used was for the total cost of community care services, incorporating aged care, not the unit cost. Similarly, while quality standards were evident for recreation services, there was no cost standard. Despite these limitations, Glen Eira did have a range of other useful measures to monitor its services, which if incorporated would enhance its Best Value reviews.

McKinnon chainsaw massacre

14 Sep 11 @  07:00am by Jessica Bennett

The tree stumps at McKinnon Reserve. SUPPLIED

The tree stumps at McKinnon Reserve. SUPPLIED

FURIOUS residents have slammed Glen Eira Council’s decision to cut down 178 cypress trees at McKinnon Reserve, with one local describing the scene as a “tree cemetery”.

Newton Gatoff – who shot the main photos at right with his iPhone – said while homes immediately surrounding the reserve were notified that mature cypresses would be chopped down from August 29, the rest of the local community wasn’t told or given a chance to object.

 “Their removal with such haste and lack of general consultation is nothing short of an insult to this community and to Glen Eira’s heritage,” he said.

Glen Eira spokesman Paul Burke said an independent arborist had identified the need to remove the eastern (Tucker Rd) and southern rows of trees. He said the trees were in poor condition with branches falling and had to be felled to “eliminate the risk to people, powerlines and property”.

New trees will be planted later this year, though the species and the exact timeframe are yet to be determined, Mr Burke said.

But Mr Gatoff said if the council had consulted with the community, an appropriate alternative could have been reached.“Everyone I’ve spoken to in my street just can’t believe it,” he said.

“Walking around the reserve is like walking around in a tree cemetery.”

Another resident who contacted the Leader said he had never seen or heard of any branches falling off the trees. He said residents around the park were not given the chance to try to protect the trees. “From a grand park, McKinnon Reserve is now a bare and empty park with only small trees as replacements to the old sturdy cypress trees,” he said.

We’ve received an email from one of our readers asking that we put the following up as a post –

How can a building be completed and occupied when the basemen car park was not built to the Approved Plans?

Carnegie  residents were surprised to receive an application from the developer for an amendment to the VCAT approved plans of a 3 storey apartment  development in Neerim Road, Carnegie. his might not be unusual, except for the fact that the apartments have been completed and occupied  for over 12 months

It appears the ramp into the basement car park was not built to the approved plans. In fact the ramp that was constructed does not meet Australian standards.

So the developers are going back to VCAT to seek an amendment to the plans after the building has been constructed proposing changes to the length and angle to the entrance ramp to the requirements of  council.

How  can a  development to be completed, signed off, occupied and then found  to have not been built to plan, particularly when the basement car park  is one of the first things constructed?

How can this happen? Why wasn’t this picked up at the very earliest stages of construction by the building surveyor who has a legal responsibility to ensure plans are complied with?  Who signed off the project at different stages of construction to say it met with the approved plans? What was council’s role in this and if council didn’t have a role in signing off on the construction then what action will be taken by council against a building surveyor who has signed it off?

It  is beyond belief that a project can get to this stage and this issue arise following construction and occupation of a building.

There  are very serious planning issue for council and the questions must be  answered.  This is not the first time developers have constructed buildings multi storey buildings  in Cargnegie not to the approved plans. Council has chosen  in these instances to take no action against the developer or the surveyor.  SO how can we as residents have faith or  trust in the  developers and the planning and building  system of this municipality?

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