Once again this council excels in its adherence to the letter of the law, rather than the spirit of the law. Hidden away under ‘Public Notices” there is the following announcement:

Glen Eira City Council Special Committee Meeting

Notice is hereby given of a meeting of the CEO Contractual Arrangements Special Committee to be held at 8pm on Tuesday 8 November 2011 in the Council Chamber, Glen Eira Town Hall.

The meeting is expected to be closed to the public.”

This notice fulfils the legal requirements of 7 days notice and that’s about it. Timing is immaculate – ie. a public holiday. No link from the home page; no media release; no advertisement in the Caulfield Leader, no nothing, except the paltry and hidden 4 liner. We congratulate this administration for its consistency and councillors for allowing such actions to occur in their name.

PS: The Age advertisement appeared yesterday – 31st October.

This VCAT appeal concerned a 5 storey (and 79 unit) development in Dudley St.  For the full decision see: http://www.austlii.edu.au/au/cases/vic/VCAT/2011/2032.html

“The local planning policy framework has some inconsistency regarding development in Dudley Street. The Caulfield campus of Monash University is identified in the Municipal Strategic Statement as the Phoenix Precinct. This area is the preferred location in Glen Eira for higher density housing and is an area where significant change is expected[2]. Whilst Dudley Street is within close walking distance to the Phoenix Precinct, its western end including the review site is identified as an area of ‘minimal change’ and its eastern end close to Dandenong Road is identified as an area of housing diversity. Local policy for minimal change areas seeks
to:

Protect and enhance existing low intensity, low rise character.

Cater for new single dwellings and multi unit developments, provided development is consistent with surrounding use, character and scale.

  1. Student housing is also encouraged to be located in close proximity to Monash University Caulfield campus where it would have good access to public transport, commercial, commercial, educational and recreation facilities
  2. The responsible authority and Ms Moser opined that increasing the height of the two buildings would be inconsistent with the designation of the area as one of minimal change.
  3. I accept that this proposal would not be consistent with policies for a minimal change area if little change was occurring in the area. Clearly this is not the context that applies to this review site and this proposal. Two buildings with a height of four storeys are under construction on the review site. Five storey buildings have been approved on the adjoining sites for student accommodation. A new ‘neighbourhood character’ is emerging in Dudley Street and Gibson Street. It will be very
    different to the character it had when policies of minimal change were applied.

The emerging character is more aligned with the Phoenix Precinct and comprises larger buildings rather than the traditional lower density residential streets typically found throughout Caulfield and Carnegie. Whilst it is physically separated by the recreation reserve from the Phoenix Precinct, it is functionally integrated with that precinct. I concur with Member David when he commented ‘the horse has bolted’ and the minimal change area policy is no longer relevant to guide planning discretion in this precinct.

  1. I think the proposed modest changes to the built form would comply with the strategic directions of the State and the local planning policy frameworks that encourage provision of a more diverse housing stock, greater housing choice and intensification in and close to activity centres. I think in situations such as this where circumstances have made the local policy incongruous and outdated, weight must be given to the State planning policy framework and the prevailing context that applies to the site. The proposal needs to be assessed on its particular design merits. There is little point in continuing to apply a policy that is no longer relevant. I think this proposal would provide net community benefits by enabling several hundred people to reside close to the extensive infrastructure invested in the Phoenix Precinct, and it would support an important education institution.
  2. To reject this proposal because a local policy says the land is within a minimal change area when adjoining sites are to be developed for five storey buildings makes planning policy and the exercise of discretion appear non responsive and unthinking.”

Tactics Of A Workplace Serial Bully Boss

By ABC

Some bully bosses have no shame and make no effort to hide their bullying behaviors. These are the screamers, ranters and ravers. They may have tantrums, throw things, pound on desks and fire subordinates on a whim. Often they remain in their position because there is no one in a higher position in which to take them down. These are the CEOs of both small and large companies or owners of small businesses. A frequent example is a physician’s or a dentist’s practice in which the doctor bullies his receptionists, nurses, billing clerks, and even the cleaning crew. Most people would agree that people who behave this way are “bullies”.

Then there is another type of bully boss which most people would not even perceive as a bully. The “closet” bully boss is actually much more prevalent and more dangerous than the ranter or raver described above. This type of bully boss is very clever in their ability to hide their bullying behaviors and to manipulate the perception of bystanders against the “target”. Most bullies possess excellent emotional intelligence. The thing that needs to be kept in mind is that true “psycho bullies” are motivated in ways that normal people do not understand. Bullies use their emotional intelligence to cause conflict intentionally. They are not interested in building positive relationships, only ones they can manipulate. Much of their bullying behavior is premeditated. They do not possess empathy.

Closet bully bosses are often also “serial bullies” who choose one target at a time. One study showed that after successfully eliminating a target, they chose another target within two weeks. These bully bosses are capable of behaving normally towards all other subordinates and will even behave normally towards the target, whenever there are witnesses. This method serves the bully boss well, making it difficult for others to believe a target. Often, only the bully boss and the target know the true nature of the bully.

Simply stated, “targets” are good at their jobs and therefore cannot be taken down based on poor job performance. Therefore bullies rely on character assassination, twisted, half or outright lies, rumors and innuendo to subjugate or eliminate their target. Read my article “proud to be a target” to understand how bullies choose their targets.

At the beginning of a bullying campaign the target may actually feel favored by the bully boss. The bully boss often befriends their target at first. The target begins to trust the bully boss and may share information about their weaknesses that the bully boss then uses against the target. After the bully boss gains useful information about the target, the bully may try a few “pass-by nibbles” (read the article about pass-by nibbles, on this blog) to test the targets reaction. Then a full blown bullying campaign begins.

In my first emotional assault, my bully called me into a meeting with her and a Human Resource Rep to “discuss my needs”, only to reprimand me for “intimidation of subordinates”, a grossly twisted, half truth. My bully boss knows how strongly I feel about treating everyone, especially subordinates, respectfully. Knowing this about me, she knew it would be especially hurtful to accuse me of just that. It upset me horribly and I couldn’t stop crying at my desk for most of that day.

This reprimand happened behind closed doors. I was warned not to discuss it with coworkers. My coworkers didn’t hear my boss’s lies or hear her calling me a liar. They didn’t see her disrespect me as she rolled her eyes and clicked her tongue at my responses. They only knew I was reprimanded so severely I cried all day. Bullies delight in observing the pain and chaos they have caused and marvel at their ability to get away with it. Next comes the “mental health card”.

After the Bully boss’s first emotional assault the target reacts emotionally as I did. The bully boss then manipulates the target’s coworkers into feeling privileged to be in her confidence. The bully then feigning concern for the target tells of half or twisted truths, placing the targets mental health, competence and/or loyalty into question. It is often what the bully doesn’t say that causes the most damage. For example: The bully boss brings coworkers into her privileged confidence. The bully then cites a half or twisted truths about the target or will imply that the target caused the bully some kind of deep hurt. The bully then mimicking deep hurt or confidentiality concerns, refuses to share details, leaving everything to the imagination. It must be remembered that they are “masters of deception” and can easily convince others of the target’s negative attributes and how the target has caused them personal concern or injury of some kind. They can be so convincing, some convince themselves into believing the lies that they themselves have fabricated.

Coworkers feeling privileged to be of assistance to their deeply hurt boss will do anything the bully boss asks. This is called “mobbing”.

A full blown bullying and mobbing campaign could be a very critical period for the target who has no understanding of the “bullying and mobbing phenomenon”. Targets who are typically good performers and well liked by coworkers are stunned by the first emotional assault, which is often the first reprimand in their careers. They become obsessed trying to understand why first their boss, then their coworkers turned against them, when there is no valid reason at all!

Suddenly the target’s world is a different place, for reasons they don’t understand. Most targets have enjoyed decades of appreciated successes on their jobs, only to be left in isolated despair. Most targets are forced out of their positions within two years of a bullying and mobbing campaign. Forced out by being fired, resigning, becoming ill, committing suicide or going postal!

All of this could be avoided if every working person had a knowledge of “workplace bullying and mobbing”. If this is the first time you have heard of it, learn more about it today. Who knows, you might be the serial bullys’ next target. Hopefully, someday, every working person will learn to Recognize it, Name it and End workplace bullying and mobbing together! ABC”.

SOURCE: http://antibullyingcrusador.wordpress.com/2008/04/06/tactics-of-a-workplace-serial-bully-boss/

Poor old Glen Eira! They’re really having such a bad trot at the moment with ‘clerical error’ after ‘clerical error’. First there was the failure to accurately account for all bookings at Allnutt Park. Next, another ‘error’ with the report on public questions. Now, the most sacrosanct document of all – the much touted and award winning Annual Report – has also succumbed to the disease of ‘clerical error’! It’s an epidemic!

Page 54 of the 2010/11 Annual Report claims that council cleaned 30km of drains in 2008/9 and last year – 2009/10. This year the total has literally leapt into the stratosphere with the mind boggling 32km.  However, we invite all residents to go back to last year’s Annual Report and there they will find in black and white (on page 32) that ONLY 25KM were stated as the total number of drains cleaned.

Now this may all sound trivial, inconsequential, nit picking, etc. However, when thousands and thousands of dollars are spent in producing this opus, one should expect 100% accuracy and reliability. Or is it that by stating a consistent 30km of drains cleaned, the record looks better than a drop of 5 k in 2009/10?  This then leads on to the more serious questions of:

  • how many other ‘clerical errors’ are in this report and elsewhere?
  • how much faith should residents put in any figures that are published?

We’re still digesting the spin and waffle. More to come!

Local government is very, very big business. One could therefore argue that it behoves councils to ensure that they are as transparent and accountable in their dealings with companies as possible. Please note, we do recognise the importance of  commercial in confidence’ and other associated legalities. All we’re saying is that residents need to have confidence that the successful applicants are in fact the best available and that we are getting ‘value for money’.

We’ve recently heard of a story where a certain club requested some equipment from Council. They offered to pay half and when told the price asked, they went and got their own quotations, and surprise, surprise – the quotations came in at half the cost that council had stated. When council was informed of this far cheaper quotation, their response was: “oh we’ve already selected our preferred supplier and it would now cost too much to tender”. End of story. The moral of course, is that residents end up paying double.

So what does this say about tendering and the processes involved? We’ve already asked whether councillors get a look in – do they see the tender documents? Do they sit on the selection panels? Do they help set the criteria? Who are the officers who sit on such panels? What are their qualifications? Why can’t the public be informed as to the process, the selection criteria, and the grades for each applicant – at least in those tenders that are not bound by ‘commercial in confidence’? It doesn’t seem to be a problem for Port Phillip, or other councils, to place in the public domain their evaluations and comments – see uploaded document.

We’ve gone through the last 3 Glen Eira council agendas/minutes and find the following tenders were, or are about to be, considered  –

IT ‘management support’       –         $4,250,000 (including GST?)

Designing Glen Eira News     –         “more than $200,000”

Sports oval    –
$525,969.40 inclusive of GST

Concrete works                       –           More than $1,000,000

Drainage                                 –           $1,445,000

Construction                           –           $382,715.30 (GST incl)

From these 3 meetings alone, that’s a potential grand total (and could be more if GST isn’t included) of $7,803,684. And all we, and probably councillors get to know about all this, is the ‘recommendation’ by anonymous officers that councillors probably rubber stamp, and we residents keep paying for. A lot more information and communication in this area is desperately needed so that residents may have full confidence that they are actually getting value for their money. As for councillors, surely the GESAC basketball allocation mess should be a salutary lesson in the necessity of careful oversight?

Once again Officer reports to Councillors’ requests take on the aura of naysaying to all attempted ‘improvements’ to the municipality. We urge a careful reading of the Public Toilet report and the Queen’s Avenue pathway. The usual tactics of ‘it will cost too much” (ie $250,000 for ONE public toilet; conflicts with agreement with MRC, public safety, etc. etc. etc) dominate.

On committee reports, nothing much changes except that the Pools Steering Committee ‘minutes’ now include the staggering number of 4 items instead of the usual 2. The most important item simply states: “Project Update Report”!!!! So much for communication’, ‘transparency’ and ‘accountability’ for a project costing mega bucks.

It also appears that ‘clerical errors’ are becoming the achilles heel of this administration. They just can’t seem to get it right.  In the report on Public Questions, we’re told that there were 22 questions asked and answered in the space of 3 months and that NONE were taken on notice. WRONG, WRONG, WRONG. We totally disagree with the figures provided and as proof, here’s a statement taken directly from council’s minutes – “A Public Question taken on notice at the 19 July 2011 Council Meeting was tabled for inclusion in the Minutes of this Meeting”.

In camera items are again fascinating. Amazingly we’re told that there is a tender going for “information systems support services”. The value of this contract? Only a paltry $4,250,000. Given that the financial reports and budgets state that just under $1m is for IT, we can only wonder what on earth ‘support services’ actually means and why it would cost this astronomical amount?

Then there’s another half a million or so for the upgrade of another sporting oval; a cleaning contract for GESAC with no sum attached, and numerous (ongoing) legal issues that are sure to keep accruing further costs – ie. ‘compliance’ with Local Government Act; GESAC contracts; and a strange “OH &S request for information”.

PS: NO RECORDS OF ASSEMBLY INCLUDED, especially the really important one of  20th September, post council meeting where the Special Committee was set up.

In our last post we listed the ‘requests for reports’ which were still outstanding. One of these was the Lipshutz/Whiteside motion –

“That a report be prepared as to the Council depot in Caulfield Park being removed from Caulfield Park to another location in or out of the City (16th October, 2007)”.

Not only has no report ever made an appearance, but the depot still stands in the middle of Caulfield Park!  Worse still is found in the minutes of 7th April 2010 – that is, just  on 2 and a half years later, when Mr. Jack Campbell, OBE asked the following  public question –

“Could  you please report the result of the investigation requested by Cr. Lipshutz into an  alternative site for the ‘Works Depot’ currently located in the Crown Land of  Caulfield Park and what action is planned to re-locate this Depot and when is it planned that this will occur.”

The response read: “The outcome of the investigation was reported on page 52 of Council’s 2008/09 Annual Report. A suitable alternative  site that meets Council’s requirements has not been found. Councillors remain committed to continuing the search for an appropriate site.”

We  wish to note several things here:

  • As per usual, parts of Mr.  Campbell’s question remain unanswered.
  • The depot has not been  moved, no report has been tabled (as admitted by this response) and like the mulch site ‘searches’ seem to take forever until they evaporate from the public consciousness!

When one actually goes to page 52 of  the 2008/9 Annual Report we find this:

Strategy

Action

Measure

Investigate the relocation of the
Parks Depot from Caulfield Park

Conduct Investigation

Investigation completed

“Comment: Investigation covered the need for some permanent park  maintenance facilities; the inclusion during 2009 of water tanks and  infrastructure to supply recycled water to the park via drip irrigation; and the scarcity of alternative sites within Glen Eira. Options to minimise the area required are being considered further”.

QUESTIONS

  • Where is the report? Why hasn’t it been tabled?
  • Why four years on is the depot still at Caulfield Park?
  • Why wasn’t Mr Campbell’s question answered fully?
  • Why shouldn’t residents believe that such inaction and responses are not in the interests of full transparency, accountability and/or good governance?

“As can be seen, reports are regularly requested. They are submitted promptly – usually  to the immediately following Council Meeting”. (6th  June 2011). Thus wrote Andrew Newton on why Notices of Motion are not required  in Glen Eira.

The  Local Government Act, mandates that it is the duty of a CEO to provide council with ‘timely’ advice. Further, he/she is bound to carry out council resolutions expeditiously. This does not appear to have been happening in Glen Eira. We have had discussions with the Victorian Local Governance Association who have informed us that Requests for Reports that become council Resolutions must be tabled at ordinary council meetings. We have also taken the trouble of going  through the minutes of the past 5 years in order to determine:

  • Why successfully passed resolutions for ‘requests for reports’ have NOT been tabled at Council meetings as required, and
  • How long has it taken for those reports which were tabled to be produced?

Our results on the first question are listed below. We have included the dates that the resolution was passed at council. We ask readers to make up their own minds as to how well this administration has acted in accordance with the requirements of the Local Government Act. We also ask why no councillors appear to have demanded that these outstanding reports be tabled, nor have they requested any explanation for their non-appearance.

Requests for Reports which WERE NEVER TABLED

Crs Staikos/Robilliard

That a report be prepared  documenting a recent incident at the Duncan Mackinnon Reserve Pavillion in which  it is alleged that a group of people entered the pavillion while unauthorised.  That this report document all correspondence related to this issue to date. (16th  October, 2006)

Crs Tang/Feldman

That a report be prepared detailing expenditure and programs directed to the Glen Huntly commercial area over the last five years. The report should also include a comparison to the total expenditure directed to Glen Eira shopping precincts in each of those years. (4TH September, 2007)

Crs Lipshutz/Whiteside

That a report be prepared as to the Council depot in Caulfield Park being removed from Caulfield Park to another location in or out of the City (16th October, 2007)

Crs Staikos/Robilliard

That a report be prepared on the operation of Village Committees in the City of Kingston. (27th  November, 2007)

Crs Staikos/Robilliard

That a report be prepared on the feasibility of introducing a ban on the sale of ‘silly string’ in conjunction with a ban on spray cans. (18th December, 2007)

Crs Spaulding/Staikos

That a report be prepared into missing sports in Glen Eira, sports clubs that are wholly or in part required to relocate because of a lack of Council facilities within our municipality and within this report the administration to investigate the development of sporting facilities also in partnership with commercial entities and in particular but not limited to Moorleigh Reserve. (5th February, 2008)

Crs Staikos/Robilliard

That a report be prepared investigating ways of expanding Council’s Australia Day celebrations. (5th  February, 2008)

Crs Staikos/Spaulding

That a report be prepared about possible improvements to Mackie Road Reserve including, but not limited to: walking path; birdie cage; playground and barbeque area improvements; and the disused land on Orange Street. (29th April, 2008)

Cr Whiteside/Spaulding

That a report be prepared on the status of the draft heritage guidelines such report to include recommendations for best practices to strengthen these guidelines so as to maintain consistency in our heritage areas. (29th April, 2008)

Crs Staikos/Spaulding

That a report be prepared on the provision of bus stop infrastructure in the City of Glen Eira (20th  May, 2008)

Crs Staikos/Magee

That a report be prepared on the granting of Tucker Ward funds to Bentleigh Recreation Tennis Club for the purchase and installation of a water tank. (15th December, 2008)

Crs Magee/Tang

That a report be prepared on the Foundation for Youth Excellence in regard to the eligibility criteria and guidelines. (17th March, 2009)

Crs Magee/Hyams

That a report be prepared on the feasibility of relocating the two tennis courts on Mackie Reserve in East Bentleigh to 31 Orange Street in East Bentleigh. (1st  September, 2009)

Crs  Penhalluriack/Esakoff

That a report be prepared into the tree clearance requirements under the Electricity Safety (Electric Line Clearance) Regulations 2010; documenting the typical effect on trees in Glen Eira if the regulations are enforced; documenting the estimated cost of  implementing the tree clearance requirements; documenting the number of trees likely to be removed as a result of the requirements; and providing guidance as to whether Council could seek an exemption from applying the regulations. (3rd
November, 2010)

Cr  Tang/Esakoff

(i)  That Council prepare a report detailing the costs and feasibility of reinstalling the free mulch service previously provided at the former Council depot, then Caulfield Park and then most recently at Glen Huntly Reserve Car Park at another site in Glen Eira. (ii) The report should consider the adoption of all recommendations the Environmental Health Assessment completed in February 2011. (17th May, 2011)

Dear, oh dear, oh dear. Looks like the old adage of ‘practice makes perfect’ is humbug when it comes to running a Special Committee Meeting and adhering to the rules of conduct for such meetings. To put it bluntly, poor Mayor Esakoff, got it wrong – not once, not twice, not three times, but an incredible 4 times this evening.

To begin with, Penhalluriack assumed his normal position within council.

ESAKOFF: ‘Cr Penhalluriack we’re about to start a Special Council meeting. If you wouldn’t mind leaving this part of the chamber please”. (NOTE: this wasn’t a Special Council Meeting but a Special Committee meeting). Stuff up #1

Esakoff read out the tribute to indigenous peoples, oath and apologies and then corrected herself to state :”I’m reading out the wrong agenda” (Stuff up #2). ‘Presentation of Officers’ reports’. We don’t have any tonight’ . Esakoff then went straight on to ‘consideration of confidential items’. (Stuff up #3 – Agenda items clearly stated: CONFIRMATION OF MINUTES OF PREVIOUS SPECIAL COMMITTEE. No motion was put to accept previous minutes! – Hence the minutes are still ‘unaccepted’ by the Committee/Council.

Hyams moved and Lipshutz seconded the ‘confidential’ recommendation – ie meeting be closed to members of the public. Esakoff then said ‘All those in favour’. 8 hands went up – ‘Carried unanimously’. (Stuff up #4 – Esakoff did not call for further speakers, objectors, etc. as stated clearly in the Local Law – “the Chairperson must call upon any Member who wishes to speak against the motion” [234(6)].

DURATION OF OPEN MEETING – APPROX 2.5 MINUTES.

ANNUAL REPORT: Special Council meeting

Move to accept annual report: – Hyams/Lipshutz

HYAMS: ‘a very good document….good reading….highlights are at the front….sets out areas where we hope to do better which are fewer than they were last year….details performance against community plan…shows a generally good result….shows overall that this is a very strongly performing council…we have a habit of winning or getting nominated for awards for our annual eports….tells a very good story in the way it is presented…

LIPSHUTZ: ‘sets out a great story…it shows council (does a little bit more than) collect rubbish….sets out very clearly what council does….a real picture and an insight into our council…I think it’s a good report….

PENHALLURIACK: ‘it seems to be an annual report’s function is to communicate…this does it well…enquiry as to cost,….question is ….a more economic way of producing (the report)….

PILLING: Spoke of need to highlight disappointments and ‘one of the disappointments is the state of the Elsternwick Child Care Centre….(will be) ‘closing in two months time. I can’t see that mentioned in this report….should be highlighted…

MOTION PUT: Carried unanimously.

DURATION – 5 minutes.

 

From Officer’s Report for tonight’s Special Council Meeting –

Public open space

We increased public open space by purchasing two properties for $1.92 million to enlarge Packer Park, Carnegie. We also decided to return the former Packer Park bowls green to public open space and consulted the community on the landscaping to be provided. We reached agreement with the Melbourne Racing Club for greater public use of the centre of Caulfield Racecourse, including a playground and picnic area, dog off-leash area and junior soccer pitch.

Responsiveness

We achieved an approval rate of 86 per cent in the independent survey of community satisfaction, including first in the state for interaction and responsiveness in dealing with the public. We conducted a public review of the Planning Scheme and are implementing improvements including the transition between housing diversity areas and minimal change areas.

Our staff members

We continued to invest in development, leadership and wellbeing programs for our staff members. Fifty staff members were recognised for their performance against our values — Teamwork, Initiative, Leadership, Customer Service and Respect. Staff turnover remained low at 8.87 per cent.