Council meeting catchup - 6 March 2024

Acting Mayor Louise Crawford:

• recognised Kay Rowan, recently retired Team Leader Libraries Local History, for their 48 years of service at the City of Port Phillip. Kay Rowan began working with the City of Port Phillip at the South Melbourne Library in 1976 and played a vital role in establishing the Heritage Collection, Port Phillip Heritage Centre, and local history services.
Acting Mayor Crawford extended their heartfelt gratitude to Kay for their significant role in our City and the preservation of Port Phillip’s history.

MOVED Crs Martin/Baxter

That Council:

• expresses its deep regret on the passing of social justice advocate Brenda Richards.
• 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.

MOVED Crs Baxter/Bond
That Council:

1. Receives and notes the petition.
2. Thanks the petitioners for their petition.
3. Acknowledges the community benefit that Feel Good Flows provides.
4. Notes the increasing pressure on public space to support commercial operators, particularly along the foreshore, and recognises the importance of public open spaces being shared by all community users.
5. Notes the provider can continue operations in line with their current licence, as per the Fitness Training Policy, with participant numbers of no more than 15 and within the allocated locations.
6. Requests officers to work with Feel Good Flows on alternative options in line with relevant policies and guidelines.

A vote was taken and the MOTION was CARRIED unanimously.

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

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

• Acting Mayor Crawford: Was there a timeline or a timeframe around the agreement that Council originally made with use of that space with the Elwood Primary School?
Dana Pritchard, Manager Open Space Recreation and Community Resilience took the question on notice.

MOVED Crs Baxter/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.

A Petition containing 5 signatures, was received from residents.

Moved Crs Baxter/Martin

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 104 (provided as Attachment 1).

A vote was taken and the MOTION was CARRIED unanimously.

Purpose
1.1 To present the Older Persons Advisory Committee (OPAC) Annual Report for 2023 for endorsement (Attachment 1) which informs Council of the achievements over the period January to December 2023.

MOVED Crs Martin/Crawford

That Council:

3.1 Endorses the Older Persons Advisory Committee Annual Report 2023 (Attachment 1)
3.2 Recognises the value of work undertaken by the OPAC as the peak advisory and advocacy body on issues affecting the wellbeing of older people (55 years and over) within the City of Port Phillip.
3.3 Acknowledges the on-going work of the OPAC and thank the Committee for its efforts.

A vote was taken and the MOTION was Carried unanimously.

Purpose

1.1 To report on the findings of the evaluation of the Cowderoy Street No Right Turn Restriction Trial and recommend a permanent right turn restriction from Canterbury Road to Cowderoy Street between 4:30 – 6:30pm, Monday to Friday.

MOVED Crs Bond/Sirakoff

3.1 Ends the Cowderoy Street Right Turn Restriction Trial.
3.2 Removes the right turn restriction from Canterbury Road to Cowderoy Street and restores the intersection to its condition pre-trial.
3.3 Advises the community of the outcome of the trial, next steps, and thanks them for their contribution.

A vote was taken and the MOTION was CARRIED unanimously.

Councillor Nyaguy declared a conflict of interest in relation to item 10.1 and left the meeting at 8.29 pm. Councillor Nyaguy returned to the meeting at 8.39 pm.

Purpose
1.1 To provide a Council position on an application to the Minister for Planning c/- Homes Victoria under Clause 52.20 (Victoria’s Big Housing Build) of the Port Phillip Planning Scheme for 1/16 Barak Road, Port Melbourne (Barak-Beacon Public Housing Estate).

MOVED Crs Pearl/Crawford

3.1 That the Council delegate advise the Minister for Planning c/- Homes Victoria that Council:
3.1.1 Does not support the following aspects of the development (as further detailed in this report):
• The front setbacks of Buildings 2 and 3 to Barak Road.
• The rear setbacks of Buildings 2 and 3 to Beacon Road.
• The extent of hard surface and lack of planting opportunities along the eastern elevation of Building 4.
• Lack of integration of the internal pathways to Beach Street (including pedestrian crossing across Beacon Road)
• The low number of three or more bedroom apartments identified as a core housing requirement through the Council area.
• The internal amenity of the studio apartments as outline in Section 10 of this report.
• The lack of replacement canopy tree planting, particularly along the east and west boundaries.
• Failure to provide the internal communal open space areas required.
• Further consideration required regarding parking provision, especially for larger dwellings, and regarding vehicle swept path issues in the car park.
• Revision of wind mitigation measures to reduce their visual and amenity impact.
All other aspects of the proposal including traffic, sustainable design and waste management are generally acceptable subject to receipt of more detailed information which may result in minor changes to the proposal. These design and operational concerns need to be addressed or conditioned in any permit to be issued.

AMENDMENT Moved Crs Martin/Bond

The addition of 3.1.2 as shown below and the removal of the word ‘traffic’ from the final paragraph of the recommendation.

3.1.2 Requests revisions/further information to include:
• Two vehicular crossovers relocated from Barak Road to Beacon Road. The amended crossovers should:
- Upgrade the existing crossovers generally aligning with Building 2B and 3B.
- Vehicle crossing and the bike lane must clearly contrast each other to ensure bike riders see there is a vehicle crossing.
- Stop line marking on either approach to the bike lanes to be installed to reiterate right of way for riders.
- Soft speed hump to be installed prior to bike lane for vehicles exiting the development to further reiterate point above.
- Greater sight lines required for vehicles exiting the development (outside of the Planning Scheme) as the sight line requirement in the Planning Scheme is meant for vehicle / pedestrian conflicts and not vehicular / cyclist.
• Amended traffic report to consider the pedestrian circulation around the site and whether any pedestrian safety measures are required at the intersection of Barak Road and Howe Parade, as a result of the increased traffic generation. Any recommendations for improvements are to be delivered as part of the approved development.

A vote was taken and the AMENDMENT was CARRIED.

The AMENDMENT became the SUBSTANTIVE MOTION.

3.1 That the Council delegate advise the Minister for Planning c/- Homes Victoria that Council:
3.1.1 Does not support the following aspects of the development (as further detailed in this report):
• The front setbacks of Buildings 2 and 3 to Barak Road.
• The rear setbacks of Buildings 2 and 3 to Beacon Road.
• The extent of hard surface and lack of planting opportunities along the eastern elevation of Building 4.
• Lack of integration of the internal pathways to Beach Street (including pedestrian crossing across Beacon Road)
• The low number of three or more bedroom apartments identified as a core housing requirement through the Council area.
• The internal amenity of the studio apartments as outline in Section 10 of this report.
• The lack of replacement canopy tree planting, particularly along the east and west boundaries.
• Failure to provide the internal communal open space areas required.
• Further consideration required regarding parking provision, especially for larger dwellings, and regarding vehicle swept path issues in the car park.
• Revision of wind mitigation measures to reduce their visual and amenity impact.

3.1.2 Requests revisions/further information to include:
• Two vehicular crossovers relocated from Barak Road to Beacon Road. The amended crossovers should:
- Upgrade the existing crossovers generally aligning with Building 2B and 3B.
- Vehicle crossing and the bike lane must clearly contrast each other to ensure bike riders see there is a vehicle crossing.
- Stop line marking on either approach to the bike lanes to be installed to reiterate right of way for riders.
- Soft speed hump to be installed prior to bike lane for vehicles exiting the development to further reiterate point above.
- Greater sight lines required for vehicles exiting the development (outside of the Planning Scheme) as the sight line requirement in the Planning Scheme is meant for vehicle / pedestrian conflicts and not vehicular / cyclist.

• Amended traffic report to consider the pedestrian circulation around the site and whether any pedestrian safety measures are required at the intersection of Barak Road and Howe Parade, as a result of the increased traffic generation. Any recommendations for improvements are to be delivered as part of the approved development.

All other aspects of the proposal including sustainable design and waste management are generally acceptable subject to receipt of more detailed information which may result in minor changes to the proposal. These design and operational concerns need to be addressed or conditioned in any permit to be issued.

A vote was taken and the SUBSTANTIVE MOTION was CARRIED.

Purpose
1.1 To outline the key strategies and actions of the Draft Places to Live: Port Phillip Housing Strategy (the Draft Strategy).
1.2 To seek Council endorsement for releasing the Draft Strategy and supporting technical report for community consultation.

MOVED Crs Martin/Clark

That Council:

3.1 Endorses the release of Draft Places to Live: City of Port Phillip Housing Strategy (Attachment 1) and supporting documents (Attachment 2, 3 and 4) for community and stakeholder consultation.
3.2 Authorises the Chief Executive Officer, or their delegate to finalise and make minor changes that do not materially alter Draft Places to live: City of Port Phillip Housing Strategy prior to publication for consultation.

A vote was taken and the MOTION was CARRIED.

Purpose
1.1 The purpose of this report is to:
a) Inform Council of the outcomes of the final phase of community engagement on the draft City of Port Phillip Spatial Economic and Employment Framework (SEEF) and the associated technical report titled, City of Port Phillip Spatial Economic and Employment Framework Technical Report December 2023, Urban Enterprise Pty. Ltd. (technical report).
b) Outline the vision, objectives, strategic directions, and actions of the final SEEF for Council’s consideration.
c) Seek adoption of the final SEEF and technical report.

MOVED Crs Crawford/Martin

That Council:

3.1 Notes the officer report in relation to the adoption of a long-term spatial framework for facilitating economic and employment growth in Port Phillip.
3.2 Notes the consultation approach in the preparation of the final City of Port Phillip Spatial Economic and Employment Framework and final City of Port Phillip Spatial Economic and Employment Framework Technical Report December 2023 at Attachments 1 and 2, respectively.
3.3 Adopts the final City of Port Phillip Spatial Economic and Employment Framework at Attachment 1 and the final City of Port Phillip Spatial Economic and Employment Framework Technical Report December 2023 at Attachment 2 as the strategic justification and basis for:
a) future decisions on employment land and economic matters; and
b) a future amendment to the Port Phillip Planning Scheme to introduce new and amended planning provisions.
3.4 Authorises the Chief Executive Officer (or their delegate) to make any minor editorial changes to the final City of Port Phillip Spatial Economic and Employment Framework at Attachment 1 prior to publication and before applying to the Minister for Planning for authorisation to prepare an Amendment, under section 8A of the Planning and Environment Act 1987.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose
1.1 To seek Councillor endorsement of the new City of Port Phillip Advocacy Strategy 2024-2027

MOVED Crs Pearl/Sirakoff

That Council:

3.1 Endorses the City of Port Phillip Advocacy Strategy 2024-2027 to provide Councillors, officers and the community with an advocacy process that details how Council prioritise, implement, and report on advocacy priorities.
3.2 Authorises the Chief Executive Officer, or their delegate to make any minor amendments that do not change the material intent of the Strategy.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose
1.1 To seek Council’s:

1.1.1 Approval to submit motions for consideration at the Municipal Association of Victoria (MAV) State Council Meeting, and
1.1.2 approval to submit parallel motions for consideration at the Australian Local Government Association (ALGA) National General Assembly (NGA).

MOVED Crs Martin/Sirakoff

The Acting Mayor advised the voting of the Motion would be taken in four parts:

That Council:

PART 1
3.1 Endorses the following motions for submission to the Municipal Association of Victoria (MAV) State Council Meeting on 17 May 2024:
3.1.1 That the MAV:
Seeks the collaborative support of the State Government through the Minister for Precincts and the Minister for Tourism to rejuvenate precincts significantly hit from a lack of visitation extending from the COVID pandemic and to open grant opportunities for these precincts to revive their visitor economies.

A vote was taken and the MOTION was CARRIED.

PART 2
3.1.2 That the MAV:
Requests the office of Minister for Tourism, Sport and Major Events consider a roundtable to hear from traders and local government on the challenges associated with holding these major events in their municipalities, and the opportunity for flow on impacts to be realised.

A vote was taken and the MOTION was CARRIED.

PART 3
3.1.3 That the MAV:
advocates to the Victorian State Government for support for Local Governments wanting to be the first point of contact for older people seeking access to in-home care and related services that best meet their needs.

A vote was taken and the MOTION was CARRIED.

PART 4
3.1.4 That the MAV:
Seeks a review of existing Build to Rent regulations and provisions and assesses the ongoing challenges identified by local government around these developments for infrastructure and open space investment
3.2 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.

Purpose
1.1 To consider whether the road adjoining 3-5, 7, 9, and 15 Fitzroy Street, St Kilda, being the land contained in certificate of title volume 2591 folio 074 (described as Road R1 on plan of subdivision LP29616, as attached) shown hatched in the image below (Road), should be discontinued pursuant to the Local Government Act 1989 (Act) and sold to the adjoining owner.

MOVED Crs Bond/Sirakoff

That Council:

Having considered that there were no submissions in response to the public notice regarding Council’s proposal to discontinue the road being the land contained in certificate 
of title volume 2591 folio 074 (described as Road R1 on plan of subdivision LP29616) (Road):
3.1 Resolves to discontinue the Road as it considers that the Road is not reasonably required for public use for the following reasons:
• It is enclosed between the walls and fences of the adjoining properties, and only accessible on the southern boundary;
• It is only open to the general public for pedestrian access to the rear of the adjoining properties at 3-5 and 7 Fitzroy Street;
• It is not open to the general public for vehicular access; and
• It does not form part of a thoroughfare for pedestrian or vehicular traffic to any other public road;
3.2 Resolves to sell the discontinued Road for market value plus reimbursement of Council’s costs to facilitate this transaction to the adjoining owner of 3-5, 7, 9, and 15 Fitzroy Street, St Kilda (Owner);
3.3 Notes that proceeds from the sale will go into Council’s Strategic Property Reserves used to support the acquisition and development of the property portfolio;
3.4 Directs that a notice pursuant to clause 3 of Schedule 10 of the Local Government Act 1989 is published in the Victorian Government Gazette;
3.5 Authorises the Chief Executive Officer or their delegate to negotiate, approve, and enter into such documentation to complete the discontinuance, sale, and transfer of the Road as described;
3.6 Directs that the Chief Executive Officer or their delegate signs an authorisation allowing Council’s solicitors to execute transfer documents and any other documents required to be signed on Council’s behalf in connection with the transfer of the discontinued Road to the Owner;
3.7 Directs that any easements, rights or interests required to be created or saved over the Road by any public authority be done so and not be affected by the discontinuance and sale of the Road; and
3.8 Directs that the Owner be required to consolidate the title to the discontinued Road with the title to the Owner’s land (or such part of it approved by Council) within 12 months of the date of the transfer of the discontinued Road.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose
1.1 To adopt the updated Audit and Risk Committee Charter 2023
1.2 To present to the Audit and Risk Committee Biannual Report as of 31 December 2023.

MOVED Crs Martin/Sirakoff

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 31 December 2023, which details activities of the Committee covering scheduled meetings held on 31 August 2023 and 5 December 2023.

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 October – 31 December 2023 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 October – 31 December 2023 and the status of questions taken on notice that were previously reported as outstanding in the last quarterly status report.

MOVED Crs Martin/Baxter

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.

Councillor Martin reported to Council as the delegate to the Housing First Board and advised that the Housing First Board Chair Janine Kirk AO stepped down at the last meeting and Emmanuel Tsakis was appointed as Acting Chair while the board looks to appoint a permanent chair. The CEO of the board Haleh Homaei tendered their resignation and finished up last week, the Interim CEO is Clive Bowden while the permanent CEO is confirmed.

Councillor Martin reported to Council as the delegate to the South East Climate Change Alliance (SECCA). SECCA has newly-appointed CEO Helen Steel who has over 20 years of experience working across non-Government oganisations in both the Government and Commercial sectors. Helen was the CEO of the Shared Value Project and is a thought leader and advocate who uses the principles of shared collective impact to shape positive change in society. Helen is also a Port Philip resident of Gateway w\Ward. SECCA is currently undergoing a new planning process to develop its strategic plan for 2024-28. The new plan will include a set of programs and projects that reflect the high ambitions for a number of Council’s for Climate Change in the region.

Councillor Baxter reported to Council as the delegate to the Friends of Suai/Covalima Reference Committee who are hosting their annual Trivia night on Thursday 18 April and encouraged anyone watching in the chamber and online to sign up and get some tickets. The ticket fees go towards some wonderful projects in East Timor, for School scholarships, village lighting schemes, sanitation work and many more great things. The MC for the night will be the City of Phillip’s very own Deputy Mayor Crawford and it will be a great night.

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 Discussion papers from the Department of Transport and Planning - Modernising Parking Requirements & Improving Residential Development Standards for Small Lots
3(1)(c) land use planning information, being information that if prematurely released is likely to encourage speculation in land values.
Reason:
Proposed changes to the planning scheme regarding parking and small lot requirements may impact property values or development decisions.

17.2 Provision of Recycling Processing Services
3(1)(a) Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released
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 contains commercial sensitive material which will allow non successful applicants the opportunity to reverse engineer the successful pricing.

A vote was taken and the MOTION was CARRIED unanimously.