Council meeting catchup - 17 July 2024

Moved Crs Pearl/Baxter

That Council:

1. Thanks the community for their petition and acknowledges the community benefits and. social connectiveness these sculptures have created on Danks Street.

2. Notes that the sculptures on the nature strip can be considered under the Nature Strip Guidelines as legacy gardens and that under this provision they can be retained if they meet safety requirements.

3. Requests that officers conduct safety assessments on the sculptures to ensure they limit risk to the broader public, noting that through these assessments the sculptures may need to be modified, moved or removed.

4. Notes that the sculptures in the median strip of Danks Street between Mills Street and Kerferd Road will be included in the design of the Danks Street Biolink Project and retained.

5. Requests that no further installations of sculptures in public space is to take place without Council consent.

A vote was taken and the MOTION was CARRIED unanimously.

A Petition containing 209 signatures, was received from local residents.

Moved Crs Pearl/Sirakoff

That Council:

1. Thanks the petitioner for their Petition.

2. Receives and notes the Petition and provides a response at a future Council meeting, pending the outcome of the Notice of Motion on the same matter to be considered at this meeting.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To provide Council with a regular update from the Chief Executive Officer regarding Council’s activities and performance.

Moved Crs Martin/Pearl

That Council:

3.1 Notes the CEO Report – Issue 108 (provided as Attachment 1).

3.2 Authorises the CEO or their delegate to make minor editorial amendments that do not substantially alter the content of the report.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 Provide an officer report on the City of Port Phillip Rental Crisis petition and consideration of the seven proposed actions identified.

Moved Crs Pearl/Cunsolo

That Council:

3.1 Acknowledges the availability of established State Government emergency rental relief programs, currently administered by local external agencies, particularly the Private Rental Assistance Program (PRAP) and Rental Stress Support Package (RSSP).

3.2 Does not replicate the State Government emergency rental relief programs.

3.3 Works with partners to advocate to the State Government for a review of the income thresholds of PRAP / RSSP to enabling the extension of services to those currently ineligible.

3.4 Notes that Council maintains a dedicated website page to affordable housing information, including tenancy assistance and support.

3.5 Notes that Council’s Housing and Homelessness Team will continue to respond to enquiries, including those from individual renters facing challenges. Officers will continue to direct people to suitable services and supports.

3.6 Notes there are established annual budget allocations to deliver affordable housing and homelessness programs, and project contributions through the ‘In Our Backyard’ project reserve.

3.7 Notes that a budget submission was considered for direct funding to South Side Justice as part of the 2024/25 Council Plan and Budget and additional funding was not included in the budget.

3.8 In partnership with South Side Justice, advocates to Consumer Affairs Victoria for a targeted dedicated Tenancy Assistance and Advocacy Program (TAAP) in the inner south, with a full-time tenancy lawyer to directly support and address issues facing the community.

3.9 Notes that people renting in the City of Port Phillip hold equal access to services provided by Council and are not restricted due to status.

3.10 Includes the following as part of Council’s Advocacy priorities in 2025/2026:

3.10.1 Strategies to improve outcomes for tenants’ security, and equitability and conditions that will generate investment in rental supply and affordability (State)

3.10.2 Extend welfare supports around Rent Assistance (Federal)

3.10.3 Review for consideration of the impacts of the PRAP thresholds (55% of household income) and the need to consider and address through their programs the higher local private rental costs in Port Phillip when compared to the metropolitan average (State)

3.10.4 Advocate to Consumer Affairs Victoria for a targeted Tenancy Assistance and Advocacy Program (TAAP) in the inner south to directly support and address issues facing the community (State).

A vote was taken and the MOTION was CARRIED.

PURPOSE

1.1 To present the outcomes from the St Kilda Triangle Live Music Venue - Stage 2 - Targeted Market Engagement undertaken in response to Council’s direction provided at the public Council Meeting on 6 December 2023 to clarify the level of interest in and capacity for investing in a new live music and performance venue on the St Kilda Triangle and understand the quantum of funding contribution that is possible.

1.2 To provide options and a recommendation for the next steps for the project for consideration and endorsement by Council.

Moved Crs Bond/Clark

That Council:

3.1 Notes that Council, at a public meeting on 6 December 2023, was presented with a number of documents collating the outcome of various streams of work undertaken as part of the Stage 1 St Kilda Triangle Live Music Venue feasibility assessment work including the St Kilda Triangle Design Feasibility for a Live Music and Performance Venue, St Kilda Triangle Potential Live Music / Performance Venue Market Sounding Report and The St Kilda Triangle Commercial Feasibility Analysis & Development Options Report and the St Kilda Triangle – Proposal for a Live Music and Performance Venue - Engagement Summary Report

3.2 Notes the following key findings across the various components of work:

• There is demand for a flexible 5000 standing live music and performance venue.

• The ‘proof of concept’ layout shows that a venue can be effectively accommodated on the St Kilda Triangle with carparking, public realm and other uses.

• There is strong industry support for a new venue to be located in St Kilda.

• There is majority support for a live music and performance venue, including strong support by representatives of the Traders Associations for Acland Street and Fitzroy Street, though there is some local opposition to the idea.

• There was concern expressed by destination venues immediately adjacent about a reduction in parking leading to loss of business.

• Carparking and traffic movement, the scale of the building and ongoing activation of or need for the venue were raised as concerns by those who did not support the concept and there were mixed views regarding parking.

• The likely cost of the ‘proof of concept’ idea that has been explored for a new live music and performance venue is estimated as a range between $113m-$139m, including the venue, basement carparking and public realm

• The cost estimate that has been developed is useful for understanding the type of cost for a development such as this but would need to be reassessed to reflect any key changes that have been incorporated to the final design and cost of construction at the time.

• Operators are likely to have capacity to include a significant capital contribution as part of a bid in a competitive procurement process for a new venue in future, with the quantum being directly related to the length of tenure.

• Given the regional significance and civic nature of the project, it is likely that public funding or other subsidy will be required to support private investment in the development, to achieve an overall outcome for the site that will realise the full benefits possible.

3.3 Notes the process and outcomes of the Targeted Market Engagement undertaken with selected live music industry organisations and those that have previously contacted Council, as set out in the confidential St Kilda Triangle Live Music Venue – Stage 2 – Targeted Market Engagement Report.

3.4 Notes that the St Kilda Triangle Live Music Venue – Stage 2 – Targeted Market Engagement Report collating the work undertaken as part of Stage 2 undertaken to date has been provided confidentially to Council due to the commercially sensitive nature of the contents but that a summary of the findings within the context of the broader market engagement findings has been included in the body of this report.

3.5 Notes that three options have been provided to Council for consideration, these are:

• Option 1: Undertake Advocacy to State Government while other project works pause.

• Option 2: Begin preparation for a Competitive Market Process while continuing to advocate to State Government.

• Option 3: Pause All St Kilda Triangle Live Music Venue Work and review next steps with the newly elected Council.

3.6 Instructs the CEO or delegates to proceed with implementation of Option 1, including authorising any budget required for implementation.

A vote was taken and the MOTION was CARRIED.

PURPOSE

1.1 To seek a decision on the Minister for Planning’s request for consent to amend the Port Phillip Planning Scheme boundary and consideration of draft planning scheme Amendment GC187 to the Port Phillip Planning Scheme.

Moved Crs Pearl/Martin

That Council:

3.1 Notes the request from the Minister for Planning seeking consent to amend the Port Phillip Planning Scheme boundary under Section 6(6)(d) of the Planning and Environment Act 1987 (the Act) and views on draft planning scheme Amendment GC187 to the Port Phillip Planning Scheme.

3.2 Endorses the content in attachment 3 to this report as the submission to the proposed Ministerial Amendment GC187 and request for consent under Section 6(6)(d) of the Planning and Environment Act 1987.

3.3 Authorises the CEO, or their delegate, to prepare a formal Council submission consistent with clause 3.2 above and submit to the Minister for Planning.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To present to Council for approval of the updated Investment & Treasury Management Policy, which sets out the principles to be followed by officers investing funds with financial institutions.

Moved Crs Pearl/Bond

That Council:

3.1 Adopts the Investment & Treasury Management Policy 2024 as set out in Attachment 1 to this report.

3.2 Delegates authority to the CEO to reflect any changes made by Council at tonight’s meeting, and to make minor typographical corrections and administrative changes.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To present to Council, and recommend conditional approval of, the schematic design submitted by the Australian Academy of Music (ANAM) in accordance with their Agreement for Lease (AFL) with Council for the redevelopment of the South Melbourne Town Hall (SMTH).

Moved Crs Pearl/Cunsolo

That Council:

3.1 Acknowledges the collaborative work between the Australia National Academy of Music (ANAM) and Council in progressing the refurbishment of the South Melbourne Town Hall.

3.2 Notes that the Schematic Design submitted by ANAM for Council’s consideration meets the shared objectives of Council and ANAM for the highly valued community asset.

3.3 Provides conditional approval for the Schematic Design, noting the following key matters to be resolved:

3.3.1 Heritage Victoria approval of the design including specifically for the proposed eastern extension (Student Common Room), demolition of the north-western apartment, modifications to the main stage, and other associated works that will impact the heritage significance of the building.

3.3.2 Detailed investigation and clarification on window repairs and double-glazing, noting the requirements of the Project Brief.

3.3.3 Rendering of the exterior of the building.

3.3.4 Provision of energy storage as per the Project Brief requirements.

3.3.5 Further development of the design of the proposed ramp at the main entrance to ensure that it meets crime prevention through environmental design (CPTED) principles, by not leaving a gap between the ramps.

3.4 Delegates to the Chief Executive Officer, or their delegate, through the joint project control group, to resolve the outstanding matters to the satisfaction of Council.

A vote was taken and the MOTION was CARRIED unanimously.

Moved Crs Bond/Nyaguy

That Council:

1. Requests officers to install 10 public seats on Fitzroy Street, St Kilda at the below locations:

• Site 1: 3-5 Fitzroy St, Cleve Gardens – 2 x chairs

• Site 5: 43 Fitzroy St, Chemist Warehouse – 2 x chairs

• Site 7.5: 77 Fitzroy St, CareMore Pharmacy – 1 x chair plus bike hoops to be added. The existing mushroom stools will be removed from this site

• Site 11A: 107 Fitzroy St, Tom’s Liquor – 1 x chair

• Site 11: 123 Fitzroy St, The Hive Coworking space - 1 x chair

• Site 13: 161 Fitzroy St, Anytime Fitness - 3 x chairs

2. Notes that all sites will be contingent on no underground services being identified below.

3. Install barriers consisting of small metal hoops around Fitzroy Street Garden Beds to ensure the maintenance and vibrancy of greenery planted.

AMENDMENT

Moved Crs Cunsolo/Sirakoff

That the following changes marked in bold be made to the motion:

That Council:

1. Requests officers to install 10 9 public seats on Fitzroy Street, St Kilda at the below locations:

• Site 1: 3-5 Fitzroy St, Cleve Gardens – 2 x chairs

• Site 5: 43 Fitzroy St, Chemist Warehouse – 2 x chairs

• Site 7.5: 77 Fitzroy St, CareMore Pharmacy – 1 x chair plus bike hoops to be added. The existing mushroom stools will be removed from this site

• Site 11A: 107 Fitzroy St, Tom’s Liquor – 1 x chair

• Site 11: 123 Fitzroy St, The Hive Coworking space - 1 x chair

• Site 13: 161 Fitzroy St, Anytime Fitness - 3 x chairs

• Add site 14: 135 Fitzroy Street, Alex Theatre – 3 x chairs

• Add site 15: 179 Fitzroy Street, Bar.ber site – 2 x chairs

2. Notes that all sites will be contingent on no underground services being identified below.

3. Install barriers consisting of small metal hoops around Fitzroy Street Garden Beds to ensure the maintenance and vibrancy of greenery planted.

A vote was taken and the AMENDMENT was CARRIED.

Cr NYAGUY called for a DIVISION.

FOR: Crs Sirakoff, Martin, Pearl, Clark and Cunsolo

AGAINST: Crs Baxter, Crawford, Bond and Nyaguy

A vote was taken and the AMENDMENT was CARRIED.

The AMENDMENT became the SUBSTANTIVE MOTION.

That Council:

1. Requests officers to install 9 public seats on Fitzroy Street, St Kilda at the below locations:

• Site 1: 3-5 Fitzroy St, Cleve Gardens – 2 x chairs

• Site 5: 43 Fitzroy St, Chemist Warehouse – 2 x chairs

• Site 7.5: 77 Fitzroy St, CareMore Pharmacy –bike hoops to be added. The existing mushroom stools will be removed from this site

• Add site 14: 135 Fitzroy Street, Alex Theatre – 3 x chairs

• Add site 15: 179 Fitzroy Street, Bar.ber site – 2 x chairs

2. Notes that all sites will be contingent on no underground services being identified below.

3. Install barriers consisting of small metal hoops around Fitzroy Street Garden Beds to ensure the maintenance and vibrancy of greenery planted.

A vote was taken and the SUBSTANTIVE MOTION was CARRIED unanimously.

Moved Crs Cunsolo/Pearl

That Council:

1. Expresses its concern about the impacts of the Barak-Beacon Public Housing development proposal, specifically:

• Failure to relocate two crossovers to Beacon Road (ideally utilising two of the five existing, soon to be obsolete crossovers on Beacon Road) in order to reduce the impact associated with all vehicle access from Barak Road, being a small street. This will cause congestion, delays, safety concerns.

• Failure to provide appropriate building setbacks to ensure that the development better integrates with the surrounding residential areas.

2. Requests that the Mayor write to the State Government expressing its disappointment at the failure of the Government to consider the amenity, safety and other impacts on the community.

A vote was taken and the MOTION was CARRIED.

Port Phillip Internal Arbitration Process - Decision and Statement of Reasons

In accordance with section 147(4) of the Local Government Act 2020, the Arbiter’s decision and statement of reasons on the matter of an Application by Councillor Christina Sirakoff and Councillor Andrew Bond concerning Councillor Robbie Nyaguy (attached) is tabled and recorded in the minutes of the meeting.

Attachments
1. Port Phillip Internal Arbitration Process – Decision and Statement of Reasons

Councillor Nyaguy addressed the meeting in accordance with the Arbiter’s decision.

MOVED Crs Martin/Clark

That Council resolves to move into confidential to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020:

17.1 Plumbing & Gasfitting Services Contract Award

3(1)(g(i)). private commercial information, being information provided by a business, commercial or financial undertaking that relates to trade secrets

3(1)(g(ii)). private commercial information, being information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage.

Reason - The report outlines a proposed contracting arrangement and comercially sensitive information that if made public would potentially expose parties to unfavourable disadvantage.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Martin/Clark

That Council resolves to move into confidential to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020:

17.2 Contract Award - St Kilda Festival Production Management Services

3(1)(a). Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released.

Reason - Confidential tender recommendations presented to Council for decision

A vote was taken and the MOTION was CARRIED unanimously.