Council meeting catchup - 21 August 2024

A Petition containing 18 signatures, was received from local residents.

Moved Crs Martin/Crawford

That Council:

1. Acknowledges receipt and thanks the community for their petition

2. Notes that there is currently no budget available for any works in Gill Reserve in the 2024/25 financial year

3. Ensures consideration is given to the petition and community engagement is undertaken in preparation and finalisation of the scope for Gill Reserve as part of the project for uplift of the entire Linear Park

4. Investigates the contamination concerns gathering any evidence and ensure this is considered as part of any project scope development and risk register

5. Requests officers complete investigations for staging project works for the Linear Park to ensure Gill Reserve is prioritised in the overall uplift project for consideration in the 2025/26 budget process and future budgets based on project timelines

6. Ensures maintenance and upkeep of the existing area until the uplift project is completed.

7. Advises the petitioner of these actions.

A vote was taken and the MOTION was CARRIED unanimously.

A Petition containing 96 signatures was received from local members of the community.

Moved Crs Crawford/Baxter

That Council:

1. Thanks the community for their Petition

2. Recognises that there is a strong dog community in Elwood

3. Notes that the Department of Education is the Committee of Management for Elwood School Reserve

4. Notes that Council cannot make any decisions about the use of Elwood School Reserve and can only advocate to Elwood Primary School and the Department of Education for any change in use

5. Notes that Elwood Primary School are not supportive of changes to use

6. Notes that a meeting has been organised with the school and Council officers to meet with the ‘Friends of Elwood Primary Park’ group on 19 September 2024

7. Requests Council officers to undertake community engagement in early 2025 as part of the implementation of the Dog Off-Leash Guideline to test with the community making Robinson Reserve a DOLA.

A vote was taken and the MOTION was CARRIED unanimously.

A Petition containing 309 signatures, was received from local residents.

MOVED Crs Crawford/Baxter

That Council:

1. Thanks the community for their Petition

2. Notes that all dog off leash areas are designated under Order No. 4 of Port Phillip City.

3. Notes that Council will need to follow the process for amending the Order No. 4 of Port Phillip City to change the schedule of designated dog off leash areas.

4. Approves Council Officers to progress the process to consider the following change to the dog off leash delegations in the Council Order:

• Dogs are permitted off-leash from 7.30pm – 10.00am in the northern section that extends from below Point Ormond to the rock groyne in front of Elwood Angling Club

5. Approves Council officers to undertake community engagement in early 2025 to test the proposed changes with the community and inform the process for amending the Council Order.

A vote was taken and the MOTION was CARRIED unanimously.

A Petition containing 2,469 signatures, was received from local residents.

MOVED Crs Crawford/Sirakoff

That Council:

1. Thanks the community for their Petition

2. Notes that the Dog Off-Leash Guideline, including the attached action plan, is being considered alongside this report

3. Acknowledges that the Dog Off-Leash Guideline includes criteria to assess current and forecast resident and dog population growth and neighbourhood density

4. Notes that a number of proposed changes to dog on and off-leash restrictions are being considered in the Dog Off-Leash Guidelines report which is also being considered by Council tonight.

5. Notes that there is no proposed reduction in dog off-leash spaces and that there is a proposed increase in times dogs can access beaches in both Port Melbourne and Elwood

6. Notes that future dog spaces will be considered in line with the delivery of the Public Space Strategy and consideration of the Dog Off Leash Guidelines.

A vote was taken and the MOTION was CARRIED unanimously.

The Mayor adjourned the meeting for a break at 7:49 pm. The meeting resumed at 8:04 pm.

PURPOSE

1.1 To present the Dog Off-Leash Guideline to Council for endorsement and adoption.

MOVED Crs Cunsolo/Nyaguy

The Mayor advised that the vote would be taken in parts with items 3.5 and 3.8 of the motion to be voted on separately.

That Council:

PART 1

3.1 Endorses and adopts the Dog Off-Leash Guideline (Attachment 1), including the attached action plan (Attachment 3)

3.2 Thanks the community for providing feedback on the Guideline

3.3 Approves Council officers to commence community engagement in early 2025 on the following proposed changes to dog on and off-leash restrictions:

3.3.1 Change SS Anderson (Pitch 1) at JL Murphy Reserve, Community Synthetic Ground (Pitch 3) at JL Murphy Reserve and North Port Oval to dog prohibited areas

3.3.2 Change Robinson Reserve in Elwood, Fennell Reserve in Port Melbourne and Howe Crescent Reserve West in South Melbourne to fenced dog off-leash areas

3.3.3 Update the summer restrictions on the beach between Station Pier and Bay Street in Port Melbourne to 7.30 pm - 10.00 am

3.3.4 Update the summer restrictions on the northern section of Elwood Beach between Point Ormond to the rock groyne in front of Elwood Angling Club to 7.30 pm – 10.00 am

3.4 Authorises the Chief Executive Officer, or their delegate, to make minor editorial updates to the adopted Guidelines, if required

3.6 Reaffirms that there will be no net-loss of reduction in dog off-leash spaces and access times

3.7 Reaffirms that future dog spaces will be considered equitably in line with the delivery of the Public Space Strategy and consideration of the Dog Off Leash Guidelines

3.9 Provides signage that clearly communicates the dog off leash status of open space, to ensure that all users understand that dogs will be exercising/exploring off leash in these spaces

3.10 Applies for funding through the State Government’s ‘New and Upgraded Dog Parks Program’, with the specific locations confirmed subject to the outcome of the community engagement.

A vote was taken and part 1 of the MOTION was CARRIED unanimously.

PART 2

3.5 Requests Officers undertake planning to understand costs, scope and timing for a trial of the provision of environmentally-appropriate dog waste bags in dog off-leash areas throughout the municipality as part of the implementation of the Dog Off Leash Action Plan. To bring back for consideration to Council in early 2025.

A vote was taken and part 2 of the MOTION was CARRIED.

PART 3

3.8 Requests a report to come back to council, to inform the 2025/26 budget, considering the option to provide reduced dog registration fees for dogs which undergo advanced registered dog obedience training.

A vote was taken and part 3 of the MOTION was CARRIED.

PURPOSE

1.1 To review the future use of Eastern Reserve North as a fenced dog off-leash area.

MOVED Crs Cunsolo/Bond

That Council:

3.1 Acknowledges that Eastern Reserve North is a popular fenced dog off-leash area for the dog community, being one of only two fenced dog off-leash areas in the municipality

3.2 Continues to retain Eastern Reserve North as a fenced dog off-leash area

3.3 Acknowledges that there are challenges associated with the location of Eastern Reserve North and implements measures to mitigate these including:

• Programming the park lighting to be on from 7am until sunrise, and sunset until 7.30 pm each day

• Trialling locking gates open between 7.30pm to 7am from 1 September 2024 to 31 March 2025 and

• Prohibiting dog walking businesses from using the Reserve.

3.4 Requests Council officers to look for opportunities to improve education and enforcement and make design enhancements to the Reserve

3.5 Requests Council officers to undertake further work to identify, advocate for and build new fenced dog off-leash areas in the area.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To respond to the Notice of Motion requesting options to reduce the long-term caravan parking and current on-street parking conditions in Alexandra Street, St Kilda East.

MOVED Crs Baxter/Crawford

That Council:

3.1 Notes that current parking occupancy levels in Alexandra Street require parking management intervention.

3.2 Requests officers to undertake consultation with all residential properties in Alexandra Street, between Dandenong Road and Alma Road, to seek feedback on a proposal to implement 4P, between 8am and 6pm, Monday to Friday parking restrictions on both sides of the street.

3.3 Implements 4P restrictions if majority of feedback supports the proposal, in accordance with parking management framework.

3.4 Includes both sides of Alexandra Street between Alma Road and Dandenong Road in the Council’s Resident Parking Permit Scheme.

3.5 Commences the statutory process to introduce a municipal wide Local Law to effectively manage the long-term parking of caravans, trailers, and boats as part of the 2025/26 budget process, and report back to the Council with the next steps.

A vote was taken and the MOTION was CARRIED.

PURPOSE

1.1 This report seeks Council adoption of the South Melbourne Structure Plan August 2024 and seeks Council endorsement to request authorisation from the Minister for Planning to prepare and exhibit Planning Scheme Amendment C219port.

Councillor Pearl declared a material conflict of interest in relation to this item due to recently being approached by a business that owns property in the precinct regarding a potential work opportunity and left the chamber at 9:20pm.

MOVED Crs Bond/Martin

That Council:

3.1 Notes the officer report in relation to the adoption of the South Melbourne Structure Plan.

3.2 Notes the consultation undertaken and the response to submissions in the preparation of the final South Melbourne Structure Plan (August 2024)

3.3 Adopts the South Melbourne Structure Plan (August 2024) at Attachment 2 for public exhibition as part of Amendment C219port.

3.4 Requests authorisation from the Minister for Planning to prepare and exhibit Amendment C219port to the Port Phillip Planning Scheme, in accordance with section 8A of the Planning and Environment Act 1987.

3.5 Prepares Amendment C219port to the Port Phillip Planning Scheme to implement the recommendations of the South Melbourne Structure Plan, generally in accordance with the documentation provided in the links at section 2.10 of this report, subject to Ministerial Authorisation.

3.6 Place Amendment C219port to the Port Phillip Planning Scheme on exhibition in accordance with the requirements of section 19 of the Planning and Environment Act 1987, subject to Ministerial Authorisation.

3.7 Notes that the exhibition of Amendment C219port will provide an opportunity for community members to lodge submissions in accordance with section 21 of the Planning and Environment Act 1987.

3.8 Endorses the associated background technical documents, provided at the links in section 2.12 of this report, as the general basis for Amendment C219port to the Port Phillip Planning Scheme.

3.9 Authorises the Chief Executive Officer (or their delegate) to make minor changes to the South Melbourne Structure Plan (August 2024) (Attachment 2) and the C219port Amendment documents (provided at the links in section 2.10 of this report) if those changes do not alter the overall intent of the Planning Scheme Amendment, or if the changes are requested by the Department of Transport and Planning.

A vote was taken and the MOTION was CARRIED.

The Mayor adjourned the meeting for a break at 9:32pm. The Meeting resumed at 9:42 pm. Councillor Pearl returned to the chamber at 9:42pm.

PURPOSE

1.1 To present the draft Urban Forest Strategy for adoption.

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

Councillor Pearl: What is the amount of money that we need to be provisioning for things like installation of root barriers to avoid root intrusion into people’s properties? What is the amount of money we should be provisioning now, for the forward liability trees are creating in 2. 5, 10, 15, 20 years from now? Based on both the trees that we’re planting today and the trees that we currently have. What work have we done so far, and if we haven’t done any comprehensive work, what are we going to do to make sure we do that?

Dana Pritchard, Manager Open Space, Recreation and Community Resilience took the questions on notice.

Councillor Pearl: How drought resistant is the existing tree stock and the new stock that we are planting today? How are we going to monitor the health of the tree stock on an overall basis? Is there possibility we can create a tree index based on the average age of the trees and their health? Is there some sort measure we can use to monitor tree health especially in terms of drought?

Dana Pritchard, Manager Open Space, Recreation and Community Resilience took the question on notice to follow up with the tree team.

MOVED Crs Martin/Crawford

That Council:

3.1 Endorses and adopts the Urban Forest Strategy 2024-2040 (Attachment 1)

3.2 Notes that Greening Port Phillip: An Urban Forest Approach 2010 is now superseded by the adopted Urban Forest Strategy 2024-2040

3.3 Thanks the community for providing feedback on the draft Strategy

3.4 Authorises the Chief Executive Officer, or their delegate, to make minor editorial updates to the adopted Strategy, if required.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To commence the statutory procedures to prepare the land comprising the public carpark and laneways of the Carlisle Street Carpark to be sold to Coles Group Property Developments Ltd (“the Applicant”) for no less than market value by private treaty to undertake a major redevelopment of the precinct.

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

Councillor Baxter: One of the public speakers tonight mentioned a possibility of a heads of an agreement mechanism through the sale. Is that something that Council has done before or do we know how that might work?

James Ackroyd, Property Development Associate took the question on notice.

MOVED Crs Clark/Pearl

That Council:

In respect of Roads:
3.1 Acting under section 17(4) of the Road Management Act 2004 (Vic), resolves that Laneways R3743, R3979, R3977, and R4141 be removed from Council’s Register of Public Roads on the basis that the Roads are no longer reasonably required for general public use;

3.2 Acting under clause 3 of Schedule 10 of the Local Government Act 1989 (Vic) (‘the 1989 Act’):

3.2.1 Resolves that the statutory procedures be commenced to discontinue the Roads;

3.2.2 Directs that under sections 207A and 223 of the 1989 Act, public notice of the proposed discontinuance of the Roads be given in The Age newspaper;

3.2.3 Resolves that the public notice required to be given under sections 207A and 223 of the 1989 Act should state that if the Roads are discontinued, Council proposes to sell the land in the Roads to an adjoining property owner, Coles Group Property Developments Ltd (‘the Applicant’), for no less than market value;

3.2.4 Authorises the Chief Executive Officer, or their delegate, to undertake the administrative procedures necessary to enable Council to carry out its functions under section 223 of the 1989 Act in relation to this matter; and

3.2.5 Resolves to hear and consider any submissions received pursuant to section 223 of the 1989 Act at a future Council meeting.
In respect of Land parcels:

3.3 Acting under S114 of the Local Government Act 2020 (Vic) (‘the 2020 Act’) resolves to commence the statutory processes required to sell land parcels known as 2-8 Alfred Street and 49-53 Nelson Street, Balaclava, by private treaty, to the Applicant, for no less than market value;

3.4 Advertises the Public Notice of Intention to Sell land parcels on Council’s website in accordance with Section 114 (2) (b) of the 2020 Act;

3.5 Authorises the Chief Executive Officer, or their delegate, to enter a S173 Agreement with the Applicant that will deliver transaction objectives and transaction terms;

3.6 Authorises Officers to undertake the administrative procedures necessary to enable Council to carry out its functions under section 114 of the Act in relation to the sale proposal and in accordance with Council’s Community Engagement Policy 2021; and

3.7 Following the consideration of any submissions, receives a further report at an Ordinary Meeting of Council.

A vote was taken and the MOTION was CARRIED unanimously.

PROCEDURAL MOTION

Moved Crs Bond/Crawford

That Council accepts to move an En Bloc Motion.

A vote was taken and the MOTION was CARRIED.

EN BLOC MOTION
Moved Crs Bond/Crawford
That Council moves the following items en bloc:

10.3 St Kilda Adventure Playground Upgrade

11.2 Environmentally Sustainable Development Strategy

13.2 Council Policy - Revised Child Safe Policy

13.3 Audit and Risk Committee Biannual Report AND Annual Review of the Audit and Risk Committee Charter

13.4 Update to the Procurement Policy

13.5 Councillor Expenses Monthly Reporting - July 2024

13.6 Appointment of Authorised Officer Pursuant to the Planning and Environment Act 1987

13.7 Records of Informal Meetings of Council

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To seek City of Port Phillip’s (Council’s) endorsement for the concept design for the St Kilda Adventure Playground (SKAP).

Moved Crs Bond/Crawford
That Council:

3.1 Endorses the concept plan for the St Kilda Adventure Playground.

3.2 Authorises the Chief Executive Officer, or their delegate, to make minor editorial amendments to the concept plan that do not materially alter the intent.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To seek council endorsement of the Environmentally Sustainable Development Strategy 2024.

Moved Crs Bond/Crawford

That Council:

3.1 Endorse the Environmentally Sustainable Development Strategy 2024 (Attachment 1)

3.2 Endorse Part B of the strategy concerning Private Developments for guidance only until the Elevating Environmentally Sustainable Development (ESD) planning scheme amendment is approved by the Minister for Planning

3.3 Notes Part B will be consulted on and updated as part of the ESD planning scheme amendment process once approved by the Minister for Planning and gazetted.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To seek Council’s endorsement of the revised Child Safe Policy

Moved Crs Bond/Crawford

That Council:

3.1 Endorses the revised Child Safe Policy

3.2 Authorises the Chief Executive Officer, or their delegate, to make minor editorial amendments to the policy that does not materially effect the intent of the policy.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To adopt the updated Audit and Risk Committee Charter 2024.

1.2 To present the Audit and Risk Committee Biannual Report as of 30 June 2024.

Moved Crs Bond/Crawford

That Council:

3.1 Adopts the updated Audit and Risk Committee Charter (Attachment 1)

3.2 Notes that the updated Audit and Risk Committee Charter will be published on Council’s website

3.3 Notes the Audit and Risk Committee Biannual Report as of 30 June 2024, which details activities of the Committee covering scheduled meetings held 15 February 2024, 21 May 2024 (annual workshop) and 25 June 2024 and one impromptu meeting held 21 February 2024.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To present changes to the Procurement Policy (Policy) that introduce requirements for high-risk, high-value procurements and the establishment of the Procurement & Contract Management Steering Committee to govern procurement and contract management

1.2 This report presents the amended Policy for Council’s consideration and formal endorsement.

Moved Crs Bond/Crawford

That Council:

3.1 Adopts the updated changes to the Procurement Policy, as per attachment 2

3.2 Authorise the Chief Executive Officer, or their delegate, to finalise and make minor changes that do not materially alter the Procurement Policy.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To report on the expenses incurred by Councillors during July 2024, in accordance with the Councillor Expenses and Support Policy.

Moved Crs Bond/Crawford

That Council:

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

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To approve the new appointment as an Authorised Officer pursuant to the Planning and Environment Act 1987.

Moved Crs Bond/Crawford

That Council:

3.1 Approves the appointment of the Randall Carter as an Authorised Officer pursuant to section 147 (4) of the Planning and Environment Act 1987, as set out in the Instrument of Appointment

3.2 Signs and affixes the common seal of Council to the Instrument of Appointment at Attachment 1.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To report to Council the written records of Informal Meetings of Councillors at the City of Port Phillip as required by the Governance Rules.

Moved Crs Bond/Crawford

That Council

2.1 Receives and notes the written records of Informal Meetings of Council (attached) as required by the Governance Rules

2.2 Requests officers to correct the 10 July 2024 Fishermans Bend Q4 Review briefing record to reflect that Councillor Sirakoff attended this briefing in person.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Martin/Nyaguy

That Council:

1. Thanks the members of Council’s advisory committees for their dedication and commitment over the past four years

2. Notes that each advisory committee has its own terms of reference which guide how they operate

3. Extends terms of the Older Persons Advisory Committee, Multicultural Advisory Committee, and LGBTIQA+ Committee, to June 2025, allowing them to hold annual planning days and participate in the Integrated Council Plan and Budget process

4. Notes that in accordance with Council’s Election Period Policy, the above advisory committees will not be able to hold formal meetings during the Election Period

5. Notes that the above advisory committees will be required to undertake a formal membership recruitment process from June to July 2025

6. Notes that new standardised terms of reference have been developed for all advisory committees, with these to be formally endorsed in the next Council term.

A vote was taken and the MOTION was CARRIED.

MOVED Crs Crawford/Baxter

That Council:

1. Supports Temperance Hall in trialling a new artist residency program at the space that would assist 12 artists in further developing their practice

2. Provide Temperance Hall with $15,000 for a one-year trial of the program, which would support Council’s strategic objectives as identified in the Creative and Prosperous City Strategy, namely that creative infrastructure and accommodation for creative activities are retained and supported wherever possible through Council initiatives.

PROCEDURAL MOTION
MOVED Crs Baxter/Bond
That the motion be now put.

A vote was taken and the PROCEDURAL MOTION was CARRIED.

A vote was taken and the MOTION was CARRIED.

MOVED Crs Cunsolo/Baxter

1. Provides a letter of support to Earthcare St Kilda to continue as managers of the viewing of St Kilda penguins

2. Notes that the letter of support will be provided to Parks Victoria for consideration as part of its Expression of Interest process as it reviews future delivery options regarding the viewing of St Kilda penguins.

PROCEDURAL MOTION
MOVED Crs Crawford/Bond
That the motion be now put.

A vote was taken and the PROCEDURAL MOTION was CARRIED.
A vote was taken and the MOTION was CARRIED.

Cr Nyaguy called for a DIVISION.

FOR: Crs Baxter, Bond, Martin and Cunsolo
AGAINST: Crs Crawford, Sirakoff, Pearl, Clark and Nyaguy.

The MOTION was LOST.

MOVED Crs Sirakoff/Crawford

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 Gasworks Arts Park - Park Upgrade (Landscape Contract Award)

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

Reason:
This report contains the details of a procurement that are confidential in nature.

3(1)(f). personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs.

Reason:

Under the CEO Employment and Remuneration Policy, Section 16 - Confidentiality, Council does not disclose any personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs. The CEO's performance and remuneration fall into that category.

A vote was taken and the MOTION was CARRIED unanimously.

The meeting closed to members of the public at 11:31pm.

The meeting reopened at 11:39pm.

As there was no further business the meeting closed at 11.39pm.