Council meeting catchup - 5 June 2024

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

MOVED Crs Martin/Crawford

That Council:

Receives and notes the Petition and provides a response to a future council 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/Crawford

That Council:

3.1 Notes the CEO Report – Issue 107 (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 Pearl: The report refers to the ‘St Kilda Mums’ group. I’m just wondering how much of the St Kilda Mum’s operation is still in the City of Port Phillip, given that they recently moved. The report relies quite heavily on this.

Felicity Leahy, Executive Manager, Family Youth & Children and Divisional Performance, advised that Maternal Child Health Nurses are still working with the group, but took the question on notice for further consideration.

PURPOSE

1.1 In line with the implementation of the Every Child, Our Future Children’s Services Policy (the Policy), the draft The State of Children’s Services Within Port Phillip Annual Report 2024 (Draft Annual Report 2024) has been prepared to give a snapshot of Children’s Services in the municipality.

1.2 The purpose of this report is to present the Draft Annual Report 2024 for endorsement by Council, which provides an update on the implementation of the of the Children’s Services Policy throughout 2023 and through the life of the Policy, including the performance of Council managed children’s centres.

MOVED Crs Martin/Crawford

That Council:

3.1 Endorses the draft The State of Children’s Services Within Port Phillip Annual Report 2024.

A vote was taken and the MOTION was CARRIED unanimously

PURPOSE

1.1 To provide the final draft Fair Access in Sport Policy and Action Plan for endorsement, including outcomes from community engagement.

MOVED Crs Martin/Bond

That Council:

3.1 Endorses the Fair Access in Sport Policy and Fair Access in Sport Action Plan.

A vote was taken and the MOTION was CARRIED unanimously

PURPOSE

1.1 To present the draft Urban Forest Strategy to Council for endorsement to go out for community engagement.

MOVED Crs Martin/Nyaguy

That Council:

3.1 Releases the draft Urban Forest Strategy for community consultation.

3.2 Authorises the CEO, or their delegate, to make amendments to the draft Urban Forest Strategy to reflect any changes through this resolution and to make minor editorial adjustments to prepare the document for consultation.

A vote was taken and the MOTION was CARRIED unanimously

PURPOSE

1.1 To recommend options to progress the delivery of the Community Electric Vehicle (EV) Program.

MOVED Crs Cunsolo/Bond

That Council:

3.1 Notes the decision at the 1 May 2024 Council meeting to “support the continued exploration and installation of on-street Public Utility Pole-Mounted and Kerbside EV Charger technology including using the following criteria to determine the locations for on-street EV Chargers:

3.1.1 Prioritise street locations outside Permit Zones unless the Permit Zone street has no access to off-street parking and there is high demand for EV chargers.

3.1.2 Consider safety implications in determining the location of on-street EV Chargers.

3.1.3 Prioritise the spread of locations across the City of Port Phillip to provide access to EV charging across the municipality.

3.1.4 Consider the outcome of community engagement with residents in the streets where on-street EV chargers are proposed to be installed.”

3.1.5 And delegates authority to the CEO to enter agreements with EVX Pty. Ltd to deliver public EV charging infrastructure based on above endorsed criteria.

3.2 Authorises the CEO or their delegate to enter agreements with public EV charger providers that meet the criteria in 3.1.

3.3 Continue the private EV charger model:

3.3.1 to permit private chargers

• that extends for a period of 4 years OR the installation of 100 private EV chargers, whichever comes first, after which time the model will be reviewed.

• that accepts permit applications in batches. New calls for applications will be made as existing batches are completed.

• that renews permits annually, with audits to ensure compliance of conditions.

• Permit renewals could be declined if the location of private EV chargers constrains Council works on Council roads and footpaths.
3.3.2 Continue the current criteria to private EV chargers with the following updates:

• Permit holders will be strongly encouraged to hold appropriate insurance cover and are made aware by Council of the risks and their legal liability in the absence of appropriate cover.

• All current and future permit holders will be required to register their chargers with Dial Before You Dig Australia and renew their registration as required.

• Applications for properties in flood prone areas, will not be considered until relevant authorities’ recommend approval. Existing chargers in flood prone areas will be reviewed and permits may not be renewed.

• Permit application fees to be increased from $132 to $500. All other fees will remain the same subject to cpi (i.e., Street Occupation permit, Working within roads reserve consent, Planning Permit).

• A bond of $500 is paid and refunded upon completion of installation and reinstatement of footpaths as per Council standards. A separate bond of $500 is secured to ensure removal of charger and reinstatement of the footpath. The bond value will be assessed and increased if required based on site conditions.

3.3.3 Undertake a review of the need for private EV chargers at the end of 4 years OR the installation of 100 private EV chargers, whichever comes first.

3.3.4 Authorise resourcing of up to 0.4FTE ($50k) and $30k for legal /consultant fees to support implementation of private EV charger model.

A vote was taken and the MOTION was CARRIED.

Cr Nyaguy called for a DIVISION.

FOR: Crs Baxter, Crawford, Bond, Sirakoff, Martin, Pearl and Cunsolo

AGAINST: Crs Clark and Nyaguy

The MOTION was CARRIED.

PURPOSE

1.1 The purpose of this report is to outline the process for establishing a tenant for a new lease of the building at 129 Beaconsfield Parade, Albert Park, and to inform of key milestones involved in the process.

1.2 It is recommended that Council seek Expressions of Interest (EOI) to identify a preferred tenant and undertake the legislative processes to establish a new lease.

MOVED Crs Bond/Nyaguy

That Council:

3.1 Undertakes an Expression of Interest process to determine a preferred tenant for a long-term lease of 129 Beaconsfield Parade, Albert Park that seeks to maximise the benefits of a commercial lease for Council.

3.2 Evaluates submissions made in response to the Expression of Interest in accordance with the published Assessment Criteria.

3.3 Authorises officers to consult with the community on the lease proposal in accordance with Section 115 of the Local Government Act 2020 (Vic) and Council’s Community Engagement Policy by:

3.3.1 Advertising a Notice of Intention to Lease inviting submissions from interested persons and allowing 28 days for submissions to be received, and

3.3.2 Notifying submitters that they can speak in support of their submission at a future meeting of Council before submissions are considered and a final decision is made by Council on whether or not to grant a lease.

A vote was taken and the MOTION was CARRIED unanimously

PURPOSE

1.1 To consider the outcome of the 2024 review of Council's strategic memberships.
The Mayor advised the vote would be taken in two parts.

MOVED Crs Crawford/Nyaguy

That Council:

Part 1

3.1 Notes the findings of the 2024 Membership Review as outlined in Attachment 1.

3.2 Maintains membership to the following organisations:

3.2.1 Association of Bayside Municipalities

3.2.2 M9

3.2.3 Metro Transport Forum (MTF)

3.2.4 Municipal Association of Victoria (MAV)

3.2.5 Victorian Local Governance Association (VLGA)

3.3 Maintains its membership to Committee for Melbourne but moves to a corporate level membership.

3.5 Notes that the next strategic membership review will occur in 2026 as part of the Advocacy Priorities report due that year.

A vote was taken and the MOTION was CARRIED unanimously

Part 2

3.4 Maintains its membership to South East Councils Climate Change Alliance (SECCCA) at a rate of $40,000 for membership and an additional $38,000 for projects that are to be funded from the Act and Adapt budget. If SECCCA do not support Council’s continued membership at the proposed rate, Council investigates membership of alternative change alliances such as Eastern Alliance for Greenhouse Action (EAGA).

A vote was taken and the MOTION was CARRIED.

PURPOSE

1.1 To consider whether a segment of Johnson Street between Normanby Road and Munro Street, South Melbourne, shown shaded red on the image below (Road), should be discontinued pursuant to the Local Government Act 1989 (Act) and retained by Council.

MOVED Crs Nyaguy/Crawford

That Council:

Having considered that there were no submissions in response to the public notice regarding Council’s proposal to discontinue a segment of Johnson Street between Normanby Road and Munro Street, South Melbourne (Road):

3.1 Resolves to discontinue and retain the Road as it considers that the Road is not reasonably required for public use for the following reasons:

3.1.1 It is not required to maintain the urban character of the area;

3.1.2 It may result in a better use of land through the provision of public open space;

3.1.3 It is not required for access to other premises; and3.1.4 It may result in amenity improvements through the delivery of a public park; and

3.2 Directs that a notice pursuant to clause 3 of Schedule 10 of the Local Government Act 1989 is published in the Victorian Government Gazette.

A vote was taken and the MOTION was CARRIED unanimously

PURPOSE

1.1 To provide Councillors with an update on the status of all Resolutions passed by Council at Council and Planning Committee Meetings between 1 January to 31 March 2024 and the status of actions that were previously reported as outstanding in the last quarterly status report.

1.2 To provide Council with an update on the status of Questions Taken on Notice during Council Meetings from 1 January to 31 March 2024.

MOVED Crs Crawford/Nyaguy

That Council:

3.1 Notes the implementation status of Council and Planning Committee Resolutions as contained in Attachments 1 and 2.

3.2 Notes the response status of questions taken on notice during Council Meetings as contained in Attachment 3.

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 Nyaguy/Martin

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 8 May 2024 Port Phillip Zero briefing record to reflect that Councillor Nyaguy attended this briefing virtually.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Crawford/Baxter

That Council:

1. Request officers to investigate options to reduce the amenity impacts of long-term parking of caravans, trailers, and boats on Alexandra Street, St Kilda East, and report back to Council at a future meeting.

AMENDMENT

MOVED Crs Nyaguy/Martin

2. Separately considers a local law amendment that applies municipality wide.

A vote was taken and the AMENDMENT was CARRIED unanimously.

The AMENDMENT became the SUBSTANTIVE MOTION.

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

MOVED Crs Crawford/Baxter

That Council:

1. Notes the local community concerns relating to litter in the Elster Creek

2. Supports council’s active participation in the Elster Creek Catchment Litter Collaboration with the City of Glen Eira and Melbourne Water, and implementation of the action plan, which includes investigation into potential litter management solutions.

3. Undertakes an audit of councils existing Gross Pollutant Traps that are located near the Elster Creek to review their effectiveness in reducing litter in the creek.

4. Writes to the Minister of Water to raise awareness of the issue and request Ministerial support for action to reduce litter and pollutants in the Elster Creek.

5. Embeds learnings from the Elster Creek Litter Collaboration across the municipality to protect the Bay through litter management within the stormwater network.

A vote was taken and the MOTION was CARRIED unanimously

MOVED Crs Nyaguy/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 VCAT matter

3(1)(e). legal privileged information, being information to which legal professional privilege or client legal privilege applies.

Reason - This matter reports on confidential without prejudice negotiations as part of a VCAT Compulsory Conference process.

A vote was taken and the MOTION was CARRIED.

MOVED Crs Nyaguy/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 Park Street Streetscape Improvement Project and Road Reconstruction

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

Reason - Council will be undertaking procurement during the time of the Council meeting. If the briefing is not confidential, this may impact the value of quotes submitted to undertake these works.

A vote was taken and the MOTION was CARRIED.

MOVED Crs Nyaguy/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 Shrine to Sea Masterplan Advocacy and Implementation

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

3(1)(e). legal privileged information, being information to which legal professional privilege or client legal privilege applies.

Reason - While Council have endorsed the draft Masterplan, the final Masterplan is yet to approved by the Minister for public release. This is expected to be in the next few months. The MOU/Victorian funding agreement between agencies contains legally privileged information and financial information that is unable to be shared prior to the public release of the Masterplan.

A vote was taken and the MOTION was CARRIED.

MOVED Crs Nyaguy/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 Legal Matter

3(1)(e). legal privileged information, being information to which legal professional privilege or client legal privilege applies.

Reason - This report contains sensitive information on Council's position in a legal matter.

A vote was taken and the MOTION was CARRIED.