Council meeting catchup - 4 September 2024

A Petition containing 24 signatures was received from local residents.

MOVED Crs Martin/Baxter

That Council:

1. Thanks, the petitioners for the petition.

2. Receives and notes the Petition and provides a response to a future Council meeting.

A vote was taken and the MOTION was CARRIED unanimously.

A Joint Letter containing 5 signatures, was received from local residents.

• Councillor Sirakoff: How many inform letters were sent to surrounding residents on Park Street and possible neighbouring streets. What was the extent of the area covered?

David MacNish, Head Major Transport Projects - Domain Precinct advised the number of letters sent out was approximately 5,000 and took the question on notice for a specific response.

• Mayor Cunsolo: Would the works commence on Park Street, closer to Kings Way or at the intersection of Park Street that we are considering?

David MacNish, Head Major Transport Projects - Domain Precinct stated that they understood the first stage of works was planned for this intersection, but took the question on notice for a specific response.

MOVED Crs Pearl/Sirakoff

The Mayor advised that the vote would be taken in 3 parts.

That Council:

PART 1

1. Thanks the writers for the joint letter.

2. Notes and acknowledges the concerns related to traffic capacity of Park Street

3. Notes that the design modification has been reviewed and that the modifications align with the objectives of the Park Street Streetscape Improvement Project and will maintain all existing traffic functions.

4. Notes that at a confidential meeting on the 7 August 2024, Council endorsed the award of tender.

5. Advises the signatories of the joint letter of the outcome of this decision.

A vote was taken and the MOTION was CARRIED unanimously.

PART 2

6. Requests that officers write to the Department of Transport (DTP) to:

i. Pass on resident concerns of local traffic congestion and accessibility as a result of the design modification.

ii. Request DTP monitor the intersection and provide regular updates to Council officers, that can be made publicly available, on the operation of the intersection.

iii. Request DTP make real-time adjustments as necessary to improve capacity and reduce congestion.

A vote was taken and the MOTION was CARRIED.

PART 3

iv. Request DTP consider a design change that will reduce the likelihood of increased queuing at the intersection of Park Street and St Kilda Road, particularly for cars turning left into St Kilda Road from Park Street, such as by including queuing zones for car turning left into St Kilda Road to prevent cars from banking up on Park Street.

A vote was taken and the MOTION was LOST.

Moved Crs Pearl/Bond

That Council moves the following items en bloc:

8.1 Presentation of CEO Report Issue 109 - July, 2024

13.2 Presentation of Annual Report: Palais Theatre Year 7

13.4 Records of Informal Meetings of Council

13.5 Changes to Planning Delegations (5 September 2024 until the first sitting of the 2024- 2028 Council)

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 Pearl/Bond

That Council:

3.1 Notes the CEO Report – Issue 109 (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 To present the Reconciliation Action Plan September 2024 – September 2026 (RAP) for adoption.

MOVED Crs Martin/Nyaguy

That Council:

3.1 Endorses and adopts the City of Port Phillip Reconciliation Action Plan (Attachment 1), subject to endorsement and certification from Reconciliation Australia.

3.2 Thanks, Traditional Owners, First Peoples Service Providers, First Peoples in our community and the broader community for providing feedback on the draft RAP.

3.3 Authorises the Chief Executive Officer, or their delegate, to make minor editorial updates to the Plan, including final feedback from Reconciliation Australia, if required.

A vote was taken and the MOTION was CARRIED.

PURPOSE

1.1 This report presents the Johnson Street Park and Signalised Pedestrian Crossing Project Design Scope and Concept Design, for Council endorsement.

MOVED Crs Martin/Cunsolo

That Council:

Project Design

3.1 Endorses the Project Design Scope (Attachment 1) and Concept Design (Attachment 2) to inform the delivery of Johnson Street Park and Signalised Pedestrian Crossing.

3.2 Authorises the Chief Executive Officer (or their delegate) to approve changes to the Project Design Scope and Concept Design, if those changes do not alter the overall intent of the design, and if required through any value management exercise.

Works-in-kind Section 173 Agreement

3.3 Acknowledges delegation under the Instrument of Delegation – Members of Staff (7 June 2023) to negotiate and enter into an agreement under section 173 of the Planning Environment Act 1987 in accordance with the Incorporated Document for 272-280 Normanby Road, South Melbourne, June 2023 in the Port Phillip Planning Scheme (Incorporated Document) and informed by the Project Design Scope and Concept Design (Attachments 1 and 2).

3.4 Notes this includes including credits in respect to the use of public open space contribution funds towards the Project and appropriate terms in the works-in-kind Section 173 Agreement pursuant to the Incorporated Document, limited to 8% of the site value of the land.

Planning Scheme Amendment

3.5 Adopts the draft planning scheme amendment documentation (Attachment 3), and requests the Minister for Planning (Minister) to prepare, adopt and approve
Amendment C233port to the Port Phillip Planning Scheme, without notice, in accordance with the Minister’s powers of the Planning and Environment Act 1987 (Vic) (Act).

3.6 Authorises Officers to consult with the Minister, in accordance with sections 8(1)(b), 20(4) and 20(5) of the Act, to assist the Minister to prepare, adopt and approve the planning scheme amendment.

3.7 Authorises the Chief Executive Officer (or their delegate) to make changes to Amendment C233port to give effect to the outcomes in 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.

Community Engagement

3.8 Notes the community engagement feedback which informed the Project and Planning Scheme Amendment, outlined in the Johnson Street Park Community Engagement Summary Report, June 2024 (Attachment 4) and Council Meeting Report 5 June 2024, Item 13.3, for Proposed Discontinuance of Road (in part) Johnson Street, South Melbourne.

A vote was taken and the MOTION was CARRIED.

PURPOSE
1.1 To present the proposed new EcoCentre Funding Agreement for the period 1 July 2024 to 30 June 2029 for approval by Council.

MOVED Crs Martin/Baxter

That Council:

3.1 Enters into a Funding Agreement with the Port Phillip EcoCentre Inc. for the period 1 July 2024 to 30 June 2029. Attachment 1.

3.2 Delegates authority to the Chief Executive Officer to sign the Funding Agreement with the Port Phillip EcoCentre and correct any typographical and other errors not impacting the intent of the Agreement.

A vote was taken and the MOTION was CARRIED.

Cr Pearl called for a DIVISION.

FOR: Crs Baxter, Crawford, Martin, Nyaguy and Cunsolo

AGAINST: Crs Bond, Sirakoff, Pearl and Clark

The MOTION was CARRIED.

PURPOSE

1.1 To seek Council endorsement for funding opportunities and to progress to the next stage of delivery of the Elwood Park Expansion Stormwater Harvesting Scheme.

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

• Councillor Pearl: Of the total amount of pollution that that the municipality is dispelling in our waterways. What percentage roughly will this project reduce pollution by?

Beth McLachlan, Head of Sustainability and Climate Change, advised that this project only looks at the impact on Elster Creek and the pollution coming through that particular waterway, not the entire municipality, therefore took the question on notice to follow up.

MOVED Crs Martin/Baxter

That Council:

3.1 Notes the updated phasing for the Elwood Park Expansion Stormwater Harvesting Scheme to deliver the project in four stages.

3.2 Delegates authority to the CEO to enter a Funding Agreement with the Department of Energy, Environment and Climate Action (DEECA, State Government) on behalf of the Department of Climate Change, Energy, the Environment and Water (DCCEEW, Federal Government) for $1.7M from the Urban Rivers and Catchments Federal Program.

3.3 Agrees to proceed to detailed design for Stage 1 of the Elwood Park Expansion Stormwater Harvesting Scheme subject to Council entering the Funding Agreement as stipulated in 3.2.

3.4 Notes that following the detailed design stage 1 the project will be presented to Council should a further decision be required to address any elements of the project if they are identified as being off track

3.5 Agrees to utilise $1,442,000 from the existing Council budget in the Stormwater Harvesting Design Project (Project 1490) for delivery of Stage 1 of the Elwood Park Expansion Stormwater Harvesting Scheme and delivery of the Elwood Canal Planting Plan.

3.6 Agrees to engage with South East Water for the provision of technical expertise on the delivery of Stage 1 of the Elwood Park Expansion Stormwater Harvesting Scheme.

3.7 Endorse a submission to South East Water’s Greening and Open Space Program for the delivery of Stages 2 to 4 of the Elwood Park Expansion Stormwater Harvesting Scheme.

A vote was taken and the MOTION was CARRIED.

PURPOSE

1.1 To present the Palais Theatre Annual Report as required pursuant to Clause 16 (Annual Report and Forecast) of the Lease Agreement for the activities undertaken by Live Nation Australia Venues Pty Ltd (Lessee) for the period 1 April 2023 to 31 March 2024 (“reporting period”).

Moved Crs Pearl/Bond

That Council:

3.1 Notes and accepts the Palais Theatre Annual Report and declares it is satisfied with the activities undertaken by Live Nation for the period ended 31 March 2024.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To amend the Council and Planning Committee Timetable for November and December 2024.

1.2 To present to Council a proposed timetable for Council and Planning Committee meetings for 2025.

MOVED Crs Cunsolo/Bond

That Council:

3.1 Adopts the Council and Planning Committee Meeting timetable for 2025 (Attachment 1).

3.2 Approves the following variations to the 2024 Council and Planning Committee

Meeting timetable:
• Cancellation of the scheduled 20 November Council Meeting
• Cancellation of the scheduled 28 November Planning Committee Meeting
• Cancellation of the scheduled 4 December Council Meeting
• Cancellation of the scheduled 12 December Planning Committee Meeting
• Addition of a 27 November Council Meeting
• Addition of a 11 December Council Meeting
• Cancellation of the scheduled 13 November Special Council Meeting
• Addition of a 14 November Special Council Meeting

3.3 Notes that under the Governance Rules the Chief Executive Officer or delegate, after consultation with the Mayor, in the case of an administrative matter or an emergency situation, may alter the date, time or location of, or cancel a Council meeting by giving such notice to the Councillors and the public as is practicable.

3.4 Notes that following the 2024 Local Government elections, the incoming Council may choose to amend the Council and Planning Committee Meeting timetable for 2025 via formal resolution.

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 Pearl/Bond

That Council

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

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To delegate to the Chief Executive Officer (including the power to on delegate), the power to enable specific planning activities to be undertaken during the period of time between the last Ordinary Council meeting being 4 September 2024 prior to the Council election until the first sitting of the new Ordinary Council meeting.

Moved Crs Pearl/Bond

That Council:

3.1 Delegates to the Chief Executive Officer (including the power to on delegate), effective for the period 5 September 2024 until the first sitting of the new Ordinary Council meeting on 20 November 2024, the power to:

3.1.1 Determine an application where:
• 16 or more objections are received and the application has not been refused under delegation.
• The application raises strategic or substantive policy issues.
• The application involves substantive non-compliance with the Planning
Scheme or Council Policy, but officers consider the application should be supported.
• The application involves non-compliance with residential parking requirements.
• The application exceeds six storeys in height in the area covered by Sub precinct 2 in Schedule 26 to the Design and Development Overlay in the Port Phillip Planning Scheme, for the St Kilda Road North precinct.

3.2 To determine planning permit applications, amendments or requests for extensions of time to applications within the Fishermans Bend Urban Renewal Area including applications comprising use and/or development of accommodation.

3.3 To provide comments to the Minister for Planning for proposals, permit applications\ and/or planning scheme amendments in Council’s role as a referral authority.

3.4 To instruct Council’s Statutory Planners and/or Council’s solicitors in relation to any application lodged with VCAT under Part 4, Division 2 or 3 of the Planning and Environment Act 1987, or an application for a planning scheme amendment or an application before an Advisory Committee.

3.5 All determinations made during the period 5 September 2024 until the first sitting of the new Planning Committee will be reported to the Planning Committee in the November or December Statutory Planning Delegations Decisions Report.

3.6 This delegation does not preclude planning matters being considered by Council at its Ordinary Council meeting or Planning Committee.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Cunsolo/Pearl

That Council:

1. Notes that there is a cost-of-living crisis that disproportionately impacts food security for our communities most vulnerable residents.

2. Expresses its concern that the Flexible Service Response (FSR) component of the Home and Community Care Program for Younger People (HACC PYP) funding, which supports several food relief services within the municipality, ended on the 31 August 2024 with no transition plan for vulnerable residents.

3. Notes Council’s support for food relief services previously funded under the FSR through the funding allocation endorsed in the 24/25 CoPP Budget ($51,200.00 per annum in total).

4. Continues to assist food relief services within the municipality to identify and apply for grant opportunities.

5. Continues to advocate to the State Government to provide funding to support the continuation of food relief services within the municipality.

6. Reviews impact of the cessation of HACC PYP FSR funding on the provision of food relief services in the municipality and considers funding options to support their continuation via the 25/26 Council Budget process (anticipated funding shortfall without HACC PYP FSR funding is $204,688.00 per annum).

A vote was taken and the MOTION was CARRIED.

MOVED Nyaguy/Baxter

That Council:

1. Declares a housing emergency in Port Phillip.

2. Notes that Council has core role in both the supply of housing and the provision of affordable housing, including for renters.  

3. Requests Officers, in parallel with the review of In Our Backyard, provide a report on further opportunities increase medium density development and provide more houses
than the State Government’s current housing target for Port Phillip, including through:

a. Rezoning land around tram and major bus routes to increase density.

b. Amending and advocating for planning rules to prevent de-densification and encourage densification.

c. Reconsider Council’s interpretation of the Burra Charter in order to enable retention through restoration and great housing supply in areas with heritage overlays.

4. Re-affirms Council’s 10% affordable housing target noting the possibility to increase this target should the above report provide further opportunities to increase density.

5. Approves an additional $100,000 in one-off funding, open to organisations that support private market renters in Port Phillip, in recognition of the high levels of distress being caused by the current cost of living crisis. Authorises the CEO, or their delegate, to develop the funding criteria, including determining an appropriate organisation to deliver the rent relief funding on its behalf.

6. Notes that the In Our Back Yard (IOBY) Strategy includes an annual budget commitment of $500,000, which is due to end in 2024/25. Notes that this program has
supported affordable and social housing in Port Phillip and is therefore important to allocate provisional funding in the 10-Year Financial Plan.

7. Directs officers to present the IOBY strategy for renewal and endorsement by the new Council in 2025 with consideration of options to increase annual funding up to $1 million.

AMENDMENT

MOVED Crs Martin/Pearl

That part 5 of the motion be deleted and replaced with the following:

5. Requests the CEO, or their delegate, to:

a) develop funding criteria that would enable a Council sponsored organisation to consider applications for rent relief funding by private market renters in Port Phillip;

b) develop a process for selecting a provider to deliver this support; and

c) report back at a future meeting of council with the proposed funding criteria and process for selecting a provider, along with the proposed level of funding support, for consideration by Council. And that the word ‘up’ be added to part 7 of the motion to read “Directs officers to present the IOBY strategy for renewal and endorsement by the new Council in 2025 with consideration of options to increase annual funding up to $1 million.”

A vote was taken and the AMENDMENT was CARRIED.

The AMENDMENT became the SUBSTANTIVE MOTION.

A vote was taken and the SUBSTANTIVE MOTION was LOST.

Cr Martin called for a DIVISION.

FOR: Crs Baxter, Crawford, Martin and Nyaguy

AGAINST: Crs Bond, Sirakoff, Pearl, Clark and Cunsolo

The MOTION was LOST.

MOVED Crs Bond/Pearl

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 Property Matter

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

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: If the information was publicly released this would likely compromise Council’s position in commercial negotiations or compromise the tenant’s business undertakings and reveal commercially sensitive information.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Bond/Pearl

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 Strategic Property Matter

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(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: Contains commercially sensitive information that would be unreasonable to disclose as it affects the commercial position of the City of Port Phillip and bidders.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Bond/Pearl

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

17.3 Public Open Space - Potential Acquisition

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.

Reason: Includes information about potential future land use that is likely to encourage land speculation, and commercial and strategic information that if disclosed would undermine Council's commercial position.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Bond/Pearl

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

17.4 Lagoon Reserve Redevelopment - Stage 2 Pavilion Contract Award

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

Reason: The Council Report and the attached Tender Evaluation Report contain procurement and contractual information that are confidential in nature.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Bond/Pearl

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

17.5 Award of Electrical Maintenance Services Panel Contract

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 commercially 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 Bond/Pearl

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

17.6 RFT000302 Specialised Pressure Cleaning Maintenance Services Contract

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

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 contains information on Council approved budgets and budget allocations to the subject service. It also includes the names and titles of Officers from internal and external Local Government Authorities within the tender evaluation process. The report contains information and attachments about the tenderers submitted annual pricing and pricing structure, and other private business information such as insurances and assets.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Bond/Pearl

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

17.7 RFT000258 Microsoft Enterprise Agreement

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

Reason: The report contains confidential contractual information that if released would impact Councils ability to negotiate and finalise the contract

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Bond/Pearl

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

17.8 Audit and Risk Committee - Independent Member Appointment

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

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: If released the information to be received, discussed or considered in relation to this Agenda item may impair Council’s ability to effectively negotiate contractual arrangements. The report also contains personal information that would not be reasonable to release. Once appointment has been accepted and notification to unsuccessful applicants completed, Council may make details of this report public in the future.

A vote was taken and the MOTION was CARRIED unanimously.