Council meeting catchup - 19 February 2025

MOVED Crs Thomann/Buckingham

That Council:

• Expresses its deep regret on the passing of Julie Copeland
• Offers its sincere condolences to their family and places on record its appreciation for their service to the City of Port Phillip.

A vote was taken and the MOTION was CARRIED unanimously.

7.1 Petition: Request for changes to Parking Restrictions in Lyndon Street, Ripponlea

A Petition containing 17 signatures, was received from residents of Lyndon Street, Ripponlea.

MOVED Crs Halliday/Thomann

1. Receives and notes the petition.
2. Thanks the petitioners for their petition.
3. As this petition pertains to an operational matter, in accordance with Council’s Governance Rules, Council refers the petition to the CEO for a response.
4. Notes that this request has been investigated in accordance with Council’s parking restriction change process, which determined that there was consistently parking availability on the residential frontage of Lyndon Street for residents and visitors despite the parking of boats, trailers and caravans. As such there was no trigger under Council’s Parking Management Policy to justify a change in parking restrictions.
5. Notes that in August 2024 Council resolved to commence the statutory process to introduce a municipal wide Local Law to effectively manage the long-term parking of caravans, trailers.
6. Notes that officers will advise the community of their opportunity to have their say on the proposed Local Law.

A vote was taken and the MOTION was CARRIED unanimously.

7.2 Petition: Request to not proceed with Edwards Park Public Amenities

A Petition containing 138 signatures has been received from local residents.

MOVED Crs Makin/Cunsolo

That Council:
1. Receives and notes the Petition.
2. Thanks the petitioners for their Petition relating to the proposed public amenities at Edwards Park.
3. Considers this matter at the ordinary meeting of Council scheduled for 19 March 2025.

A vote was taken and the MOTION was CARRIED unanimously.

7.3 Petition: CoPP Dog Network request for fencing Port Melbourne Skate Park

A Petition containing 170 signatures, was received from skateboarders, pedestrians and dog owners using Hester Reserve.

Moved Crs Makin/Cunsolo

That Council:
1. Receives and notes the petition.
2. Thanks the petitioners for their petition.
3. Notes that the petition pertains to an operational matter and that Council Governance Rules requires the referral of operational matters to the CEO for a response.
4. Notes retrofitting of the park is underway to mitigate the risk of skateboards leaving the skatepark and entering Swallow Street.
5. Notes that officers will contact the lead petitioner to discuss this work and invite them to an onsite consultation opportunity.

A vote was taken and the MOTION was CARRIED unanimously.

7.4 Petition Response: Sporting future for Elwood Park

A Petition containing 24 signatures, was received and presented to the 4 September 2024 Council Meeting.

MOVED Crs Crawford/Buckingham

That Council:
1. Receives and notes the Petition.
2. Thanks the petitioners for their Petition for an upgraded Elwood Park Pavilion.
3. Notes the increase in sports participation in Elwood, and Council’s delivery of the Elwood Reserve Changeroom Facilities project to install an additional two change rooms and four toilets for sports club use.
4. Addresses Elwood Park Pavilion upgrades through the delivery of the Elwood Foreshore Masterplan, with continued tenant club engagement during detailed design phase.

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.

The following questions were taken on notice during discussion of the item:

Councillor Halliday: On page 44 of the CEO report, the percentage of recently purchased library collection there is a big uptake from 55% to 69%. Is that an anomaly, or did a big purchase occur?
Kylie Bennetts, General Manager Community Wellbeing and Inclusion took the question on notice.
Councillor Makin: Given this is a quarterly report and a number of these inputs feed into the community satisfaction survey results. Could we look into what linkages could be made to the CEO report and community satisfaction. By showing within the report that we are meeting these targets, we are potentially improving what that rating might be?
Chris Carroll, Chief Executive officer took the question on notice.
MOVED Crs Halliday/Makin
That Council:
3.1 Notes the CEO Report – Issue 114 (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.

The following question was taken on notice during discussion of the item:

Councillor Jay: In relation to the congestion levy, a 73% increase is massive in anything, I understand that the current charge for congestion is about $1,100 per property. Can officers advise who is impacted by the levy noting that it is already quite expensive as it is.
Peter Liu, Chief Financial Officer took the question on notice to provide Councillors with reference material from the State Government.

Purpose
1.1 To provide Council with an overview of the results of the Mid-Year 2024/25 Financial review including performance to budget (as required under Section 97 of the Local Government Act 2020) and seek approval for any unbudgeted items.
MOVED Crs Makin/Thomann

That Council:
3.1 Notes that full year cumulative cash surplus before the mid-year budget requests is $1.54 million which is $0.92 million more than budget of $0.62 million.

3.2 Notes that the favourable surplus is being provisioned for the additional renewal and safety works for the South Melbourne Town Hall Renewal and Upgrade which is subject to a separate decision of Council.

3.3 Notes attachment 1 – Financial Statements with accompanying explanatory notes.

3.4 Notes the significant changes initiated by the Victorian Government that will result in cost shift to Council and our community including:
3.4.1 Congestion Levy to increase by 73% from 1 January 2026 which will increase Council’s cost base by approximately $0.76 million per annum.

3.4.2 Emergency Services and Volunteers Fund will replace the Fire Services Property Levy commencing 1 July 2025. This change will see an increase of approximately 57% of additional levy from $24 million to $37.7 million to the Victorian Government to be paid by the community. An average increase of $177 per rateable property. Council will be providing further information to our community when available.

3.5 Approves the following additional funding requests (see attachment 2 –Budget Requests):
3.5.1 $60,000 for an additional City Amenity Officer ($110,000 per annum ongoing) to enable afternoon patrols throughout the year and not just during summer months.
3.5.2 $175,000 one off to deliver Sandridge Recreation Precinct masterplan to enable the delivery of additional open space on Council owned and managed sites.

3.5.3 $100,000 one off to support the procurement of the Open Space and Tree Maintenance Contract renewal including developing a transition plan and conducting asset audits to enable service uplift in the new contract.

3.5.4 $30,000 to progress the review into the local law provisions of caravan and other vehicle parking, to align with the future review and update of the local law.

3.6 Approves the following additional funding requests for 2025/26 subject to Budget 2025/26 endorsement (see attachment 2 –Budget Requests):
3.6.1 $127,000 one off for Coastal Planning resourcing to deliver the next stages of the Coastal Adaptation Plan and Foreshore Management Plan with funding re-prioritised within projects in the Public Space Strategy.

3.7 Notes attachment 3 – Portfolio updates and achievements.

3.8 Notes in accordance with Section 97(3) of the Act, the Chief Executive Officer supported by the Chief Financial Officer, concludes that a revised budget for 2024/25 is not required.

3.9 Delegates authority to the CEO, or their delegate, to reflect any changes made by Council at tonight’s meeting, and to make minor typographical corrections (including in any attachments to this report) before final publication.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose
1.1 This report provides an update on the refurbishment of the South Melbourne Town Hall which is currently in construction. This report outlines significant additional works that are required as a result of the condition of the heritage building, to make the building safe and compliant for future use. The report recommends that Council increase the budget for the project by $6.5m, funded through reprioritisation of the portfolio and through the prudent use of savings and reserve, to address these issues.

That Council:
3.1 Approves a budget increase of $6,500,084 (Ex. GST) that is required to complete the South Melbourne Town Hall works. This will result in the current budget of $32,917,229 (Ex. GST) being increased to $39,417,313 (Ex. GST).

3.2 Notes that the additional funding is to be sourced from savings from across the current 2024/25 portfolio, through unbudgeted rental and other income, through a draw down on the Asset Renewal Reserve (ARR) in 2025/26 and from portfolio capacity in 2026/27. The drawn down of the ARR is anticipated to reduce the balance from approximately $12m to $9m.

3.3 Notes a delay to the SMTH program of approximately nine (9) months for the current asbestos and known seismic delays.

3.4 Approves the reinstatement of the Assist Service Counter in the south-western corner of the refurbished town hall and approves the $200k (Ex. GST) of funding for the associated works from the existing Workplace Plan Program.

3.5 Approves the relocation of heritage items within the SMTH as outlined in this report.

3.6 Authorises the Chief Executive Officer to approve variations to the construction contract and relevant consultants within the overall project budget of $39,417,313 (Ex. GST).

3.7 Delegates the authority to the Chief Executive Officer, or their delegate, to approve contract variations and execute those variations as required within the approved values.

3.8 Notes that as outlined in Confidential Attachment 1 that the recommended budget increase sits within a lower and upper bound of potential risks.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose
1.1 To seek Council’s endorsement of one (1) motion to be put forward to the Municipal Association of Victoria (MAV) State Council meeting on 16 May 2025. The proposed motion calls on the MAV to take a greater role in advocating for community safety measures to support local communities.

The following question was taken on notice during discussion of the item:

Councillor Thomann: In relation to build to rent, the only one I know if is the one on the corner of Wellington Street and Brighton Road which is a 28 storey building with 300-400 apartments. Has there been a previous submission to the MAV on this topic?
Robyn Borley, Director Governance and Performance took the question on notice

MOVED Crs Buckingham/Mears

That Council:
3.1 Endorse submitting the following motion to MAV State Council, in collaboration with the City of Stonnington, Bayside City Council, and Glen Eira City Council to the Municipal Association of Victoria (MAV) State Council Meeting on 16 May 2025:
3.2 “Fostering community safety and social cohesion” (Attachment 1) – That the Municipal Association of Victoria (MAV) advocates to the Victorian Government to:

3.2.1 Request additional Police resourcing as well as a commitment to joint patrols with Local Laws staff when required.

3.2.2 Provide dedicated funding streams and resources for local councils to implement evidence-based community safety initiatives that promote social cohesion and inclusivity. These initiatives may include infrastructure improvements (e.g. improved lighting, clear and effective signage, graffiti removal, safer pedestrian routes), delivery of events, community engagement programs, and anti-discrimination measures enhancing local laws units.

3.2.3 Support councils to work with local community groups and stakeholders to co-design place-based and/or targeted solutions that address specific local safety concerns and support community-based organisations, such as Neighbourhood Watch, to educate residents about safety, share resources, communicate and promote social cohesion.

3.2.4 Enhance community safety initiatives by improving access to Closed-Circuit Television (CCTV) resources for community groups, expanding the availability of CCTV mobile trailers for Victoria Police, and fostering stronger community-police partnerships through safety engagements such as “Coffee with a Cop”.

3.2.5 Invest in statewide programs such as Welcoming Cities and YourGround that empower councils to address the unique safety concerns of diverse and vulnerable community groups, including women, youth, and culturally and linguistically diverse (CALD) communities.

3.3 Authorises the Chief Executive Officer, or their delegate to make any minor amendments that do not change the material intent of the Motions.

A vote was taken and the MOTION was CARRIED unanimously

Purpose
1.1 To recommend the awarding of Tender RFT000324, St Vincent Gardens – Landscape Contractor to Open Space Victoria Pty Ltd (ABN 20644937726) for the St Vincent Gardens – Playground Upgrade.

MOVED Crs Thomann/Cunsolo

That Council:
3.1 Awards Tender RFT000324 to Open Space Victoria Pty Ltd for the construction of the St Vincent Gardens Playground Upgrade for a total award value of $1,006,857.28 excluding GST ($1,107,543.01 including GST). This value includes a six-month maintenance cost of $13,667.80 excluding GST ($15,034.58 including GST).

3.2 Notes that the contract includes contingency and other project/service costs as detailed in confidential attachment 1.

3.3 Authorises the Chief Executive Officer, or their delegate, to execute the Contract Document on behalf of Council and to approve any variations to the total value detailed in confidential attachment 1.

3.4 Notes that construction works are expected to commence in late April 2025 and be completed by 29 August 2025.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To present the Audit and Risk Committee Biannual Report as of 31 December 2024.

MOVED CRS Crawford/Buckingham

That Council:
3.1 Notes the Audit and Risk Committee Biannual Report as of 31 December 2024, which details activities of the Committee covering scheduled meetings held 5 September 2024 and 17 December 2024.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose
1.1 To report on the expenses incurred by Councillors during November, December 2024, and January 2025 in accordance with the Councillor Expenses and Support Policy.

MOVED Crs Thomann/Halliday

That Council:
3.1 Notes the monthly Councillor expenses report for November 2024 (attachment 1) and that this will be made available on Council’s website.

3.2 Notes the monthly Councillor expenses report for December 2024 (attachment 2) and that this will be made available on Council’s website.

3.3 Notes the monthly Councillor expenses report for January 2025 (attachment 3) and that this will be made available on Council’s website.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Hardy/Thomann
That Council:

1. Requests officers to investigate the following:
a. the statutory process under section 73 of the Local Government Act 2020 for undertaking a Local Law amendment;
b. any regulatory compliance and application issues; and
c. an estimate of costs and timelines for the following City of Port Phillip Local Law changes to the current Local Law:

i. Replace 17(1b)
A person must not on or in Council land, a road or a footpath: “behave in a manner which unreasonably interferes with another person including sitting, sleeping or laying on or in the Council land, road or footpath.

ii. Replace section 42
“A person must not reside in temporary accommodation including a vehicle, tent, caravan or any good or chattel that enables a living arrangement or sleep on council land or in any public place.

iii. Replace section 43
1. A person must not place or cause to be placed on a footpath, access way, car park, public place or Council land any furniture or good or chattel that obstructs that footpath or accessway or enables a living arrangement or sleep.
2. An authorised member of Council staff or authorised Police officer may remove the furniture, good, chattel or item that enables a living arrangement or sleep where in the opinion of the Council staff member or authorised officer is in contravention of Section 43 (1).
3. An authorised member of Council staff or authorised Police officer may impound, confiscate or dispose of any item or items removed under Section 43 (1).
4. An authorised member of Council staff or authorised Police officer may in circumstances arising in contravention of Section 43(1) if in their opinion the furniture, good, chattel or property enabling a living arrangement or sleep where a person or persons deny ownership of the property and or the property in their reasonable belief has been abandoned. The Council staff member or authorised officer may impound, confiscate, or dispose of any item or items removed under Section 43(1).

2.
Requests officers to provide a report back to Council by May 2025 or aligned to the timing of the feedback of the Roundtable discussions (whichever is sooner), including but not limited to the following:

a.
advice on the extent of Council’s powers, and any duplication of other legislation
b.
The requirement to adhere to human rights legislation and ensuring the dignity of all community members.

A vote was taken and the MOTION was CARRIED unanimously.

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

3(1)(c) land use planning information, being information that if prematurely released is likely to encourage speculation in land values

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: Includes commercial information that would jeopardise Council's commercial position if prematurely released, and information about potential changes to land use, which may potentially result in land speculation, and commercially sensitive information provided by a counter-party.

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

Reason: The reports contains details of a contract extension which is subject to third-party negotiations and disclosure of Council's position. If prematurely released, this may impact Council's ability to negotiate an acceptable outcome for the extension.