Council meeting catchup - 7 August 2024

A Petition containing 15 signatures, was received from local residents of Evan Street Port
Melbourne.

Moved Crs Martin/Bond

That Council:

1. Thanks the petitioners for raising their concerns.

2. Acknowledges there is community desire for safer speeds on Evans Street between Raglan Street and Ingles Street.

3. Requests officers to install additional 40km/h speed limit signs to improve compliance with the posted speed limit.

4. Requests officers to undertake additional traffic surveys 12 months after the installation of additional speed limit signs.

5. Advises the head petitioner of Council’s resolution.

A vote was taken and the MOTION was CARRIED unanimously.

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

Moved Crs Cunsolo/Nyaguy

That Council:

1. Receives and notes the petition.

2. Thanks the petitioners for their petition.

3. Notes that the response for this petition will be captured in the Dog Off Leash Guidelines Report to be considered by Council at the 21 August Council Meeting.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To present the City of Port Phillip LGBTIQA+ Advisory Committee Annual Report for 2023-2024.

MOVED Crs Martin/Nyaguy

That Council:

3.1 Note the City of Port Phillip LGBTIQA+ Advisory Committee 2023-2024 Annual Report.

A vote was taken and the MOTION was CARRIED unanimously.

Councillor Martin declared a conflict of interest in item 9.2 and left the chamber at 8.03pm.

Mayor Cunsolo declared a conflict of interest in item 9.2 and left the chamber at 8.03pm.

Deputy Mayor Crawford assumed the role as Chair of the meeting.

PURPOSE

1.1 To seek Council endorsement of funding recommendations made by the Community Grants Assessment Panel for applications to the Community Grants Program 2024-25.

MOVED Crs Bond/Sirakoff

That Council:

3.1 Endorses the Community Grants Assessment Panel’s funding allocation recommendations for the Community Grants Program 2024-25, as detailed in Attachment 1.

3.2 Makes public the list of successful applications for the Community Grants Program 2024-25 on Council’s website.

3.3 Endorses reallocation of residual funds of $22,531.55 from the Community Grants Program 2024-25 for potential allocation under the Quick Response Grants Program.

3.4 Formally thanks the voluntary members of the Community Grants Assessment Panel for their valuable time and contribution to the community life of the City of Port Phillip.

A vote was taken and the MOTION was CARRIED unanimously.

The Chair adjourned the meeting for a break at 8.06pm.

Councillor Martin and Mayor Cunsolo returned to the meeting at 8.15pm.

Mayor Cunsolo resumed as Chair of the meeting at 8.15pm.

The meeting resumed at 8.15pm.

PURPOSE

1.1 To seek Council endorsement on the changes to the implementation of the Parking Management Policy 2020-2028.

MOVED Crs Crawford/Bond

That Council:

3.1 Notes the outcome of the community engagement process for digital parking permits.

3.2 Continues to work towards implementing digital registration-based parking permits (resident, combined and foreshore only) with a go live date within Quarter 4 2025.

3.3 Does not implement the changes to parking permit entitlements for all existing permit holders from 1 July 2025 as detailed in Section 2.4.2 of the Parking Management Policy 2020 - 2028.

3.4 Notes that the Chief Executive Officer (or delegate) is authorised to make editorial changes to the Parking Management Policy 2020-2028 to reflect this recommendation.

A vote was taken and the MOTION was CARRIED.

PURPOSE

1.1 This report considers the findings and recommendations of the St Kilda Live Strategic Plan: Review.

MOVED Crs Bond/Baxter

That Council:

3.1 Notes the officer report on the St Kilda Strategic Plan, December 2021, and the St Kilda Strategic Plan: Review, July 2024.

3.2 Adopts the St Kilda Strategic Plan: Review, July 2024 at Attachment 1 as the strategic justification and foundation for the future program of work for the study area, which includes parts of St Kilda and Balaclava (refer to Map 1 in Attachment 1).

3.3 Authorises the Chief Executive Officer (or delegate) to make any minor editorial changes to the St Kilda Strategic Plan: Review, July 2024 at Attachment 1 prior to publication.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

The purpose of this report is to:

a) Report on responses to the final stage of community engagement on the draft Port Phillip Housing Strategy (the Strategy) and outline the changes made to the Strategy; and

b) Seek Council adoption of the Strategy; and

c) Seek Council endorsement of a position on the State Government’s draft housing target to guide officers in providing a submission to Plan for Victoria.

MOVED Crs Martin/Crawford

That Council:

3.1 Notes the officer report in relation to the adoption of a municipal-wide housing strategy for Port Phillip.

3.2 Notes the consultation approach in the preparation of the final Port Phillip Housing Strategy at Attachment 1.

3.3 Adopts the final Port Phillip Housing Strategy at Attachment 1 and technical reports at Attachments 2, 3 and 4 as the strategic justification and basis for:

a) future decisions on housing and management of residential land; and

b) a future amendment to the Port Phillip Planning Scheme to introduce new and amended planning provisions.

3.4 Endorses the scope of the response to the State Government’s Draft Housing Target, for inclusion in the City of Port Phillip’s submission to Plan for Victoria, as detailed in paragraph 4.45 to 4.49 of this report.

3.5 Authorises the Chief Executive Officer (or their delegate) to make any minor editorial changes to the final Port Phillip Housing Strategy 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.

PURPOSE

1.1 To resolve Council’s position on the amended application ahead of the Victorian Civil and Administrative Tribunal (VCAT) hearing P1630/2023 listed to be heard on 29 and 30 August and 5 September 2024.

MOVED Crs Baxter/Sirakoff

That Council:

3.1 Resolves to advise the Victorian Civil and Administrative Tribunal (VCAT) and parties to VCAT proceeding P1630/2023, that it supports the amended application which includes the following permissions and subject to the following conditions:

Planning Scheme Clause No. Description of what is allowed:

Clause 32.08-2 Use the land for a rooming house

Clause 43.01-1 Construct a building and construct and carry out works. In accordance with the endorsed plans.

Amended Plans Required

1) Before the use and development starts, amended must be submitted and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and an electronic copy must be provided. The plans must be generally in accordance with the PNPE9 plans by Next Architects, titled 'VCAT Submission’ and dated 2024.07.02. but modified to show:

a) Full demolition of the kitchen to suite 1 and 6; or other internal layout changes to ensure compliance with the definition of a room in accordance with the Residential Tenancies Act 1997 to Council’s satisfaction.

b) The landscaped kerb adjacent to carpark number 9 modified to ensure vehicle swept paths are clear of the landscaped kerb to address the intrusion identified in in swept paths prepared by Traffix Group dated 3 July 2024.

c) Display of onsite managers contact details at each entrance from Alma Road and Charnwood Crescent.

d) Street names corrected.

e) Any changes as required by the amended Plan of Management required by Condition 6 of this permit.

All to the satisfaction of the Responsible Authority.

Layout and uses not to be altered

2) The layout of the site and the size, levels, design and location of buildings and works and the description of the use on the endorsed plans must not be modified for any reason without the prior written consent of the Responsible Authority.

Use of land as a rooming house

3) The building as per the endorsed plans which form part of this permit must only be used for the purpose of a rooming house in accordance with the Residential Tenancies Act 1997.

Room numbers

4) There must be no more than 22 bedrooms provided on the land.Resident Numbers

5) No more than 35 residents may reside on the premises at any time.

Plan of Management

6) Concurrent with the submission of plans required by Condition 1 of this permit, an amended Plan of Management to the satisfaction of the Responsible Authority must be submitted to the Responsible Authority for approval. The Plan of Management must be generally in accordance with the revised Seranin Group Management Plan submitted with the PNPE9 application dated 3 July 2024 but modified to show:

a) Reference to phone contact details to be clearly read from the adjacent footpath deleted.

b) Reference to dispute resolution in relation to the Rooming House Agreement to be resolved in accordance with local laws deleted.

c) Requirement for the Plan of Management to be displayed at all times in a prominent location within the premises. All to the satisfaction of the Responsible Authority.

Operation with endorsed Plan of Management

7) The rooming house must at all times operate in accordance with the endorsed Plan of Management.

Landscape Plan

8) Concurrent with the submission of plans required by Condition 1 of this permit, an amended Landscape Plan to the satisfaction of the Responsible Authority must be submitted to the Responsible Authority for approval. The Landscape Plan must be generally in accordance with the Landscape Plan submitted with the PNPE9 application by RFA Landscape Architects dated 28 June 2024 but modified to show:

a) The landscaped kerb adjacent to carpark number 9 modified to ensure vehicle swept paths are clear of the landscaped kerb to address the intrusion identified in in swept paths prepared by Traffix Group dated 3 July
2024. All to the satisfaction of the Responsible Authority.

Completion of Landscaping

9) The landscaping as shown on the endorsed Landscape Plan must be carried out and completed to the satisfaction of the Responsible Authority before the occupation of the development and the commencement of the use.

Landscaping Maintenance

10) The landscaping as shown in the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the landscaping plan to the satisfaction of the Responsible Authority.

Obscure glazing

11) Before the use starts, the obscure glazing to the windows shown on the endorsed plans must be provided through frosted glass or similarly treated glass. Adhesive film or similar removable material must not be used. All glazing must at all times be maintained to the satisfaction of the Responsible Authority.

External lighting

12) Before the use starts, external lighting to the rear car parking area and pedestrian walkways must be installed. Lighting must be located, directed and baffled to the satisfaction of the Responsible Authority so as to prevent any adverse effect outside the land.

Storage Of Goods

13) No goods are permitted to be stored, or left exposed outside the building so as to be visible from any public area, unless agreed in writing by the Responsible Authority.

Use of car parking spaces and driveways

14) Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose, to the satisfaction of the Responsible Authority.

Car and Bicycle Parking Layout

15) Before the use starts, the areas set aside for the parking of vehicles and bicycles and access lanes as shown on the endorsed plans must be:

a) Constructed.

b) Properly formed to such levels that may be used in accordance with the plans.

c) Surfaced with an all-weather surface or seal coat (as appropriate).

d) Drained and maintained.

e) Line marked to indicate each car space.

All to the satisfaction of the Responsible Authority.

Time for Starting and Completion

16) This permit will expire if one of the following circumstances applies:

a) The development is not started within two years of the date of this permit.

b) The development is not completed within one year of the date of commencement of works.

c) The use is not commenced within one year of the completion of the development.

The Responsible Authority may extend the periods referred to if a request is made in writing:

- Before or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started.

- Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expire.

3.2 Authorise the Manager City Development to instruct Council’s Statutory Planners and/or solicitors on the VCAT appeal.

A vote was taken and the MOTION was CARRIED.

PURPOSE

1.1 To report to Councillors on the progress made in relation to the request for the establishment of a South Eastern Councils Biodiversity Network (SEBN), put forward as a Notice of Motion at the Ordinary Meeting of Council on 16 November 2022.

MOVED Crs Crawford/Martin

That Council:

3.1 Writes to the South Eastern Councils Climate Change Alliance to request that it incorporates the South Eastern Council Biodiversity Network into its operations, potentially as an annual round table event.

A vote was taken and the MOTION was CARRIED.

PURPOSE

1.1 To provide Councillors with the Green Link Feasibility Report and actions.

MOVED Crs Baxter/Pearl

That Council:

3.1 Notes that there are major constraints and challenges which would make the transformation of the full Green Link project very difficult to achieve.

3.2 Notes that projects identified in the Council Plan and Budget, the PSS and the UFS have higher deliverability and will better meet the outcomes outlined in the GLMP.

3.3 Notes that only 15 projects identified of the GLMP are considered for progress and that the full Green Link project is considered not feasible to deliver.

3.4 Proceeds with upgrading the existing playspace in Burnett Gray Gardens in Ripponlea.

3.5 Notes that a list of projects recommended to proceed are outlined from page 52 of the feasibility report (Attachment 2).

AMENDMENT

Moved Crs Crawford/Martin

That part 3.4 of the motion be replaced:

3.4 Supports the spend of $145,000 Green Link budget on the Burnett Gray Gardens in Ripponlea, deferring the decision on the project scope to the 2024-2028 Council, which may include a broader scope on the functionality/opportunities for the park as a whole.

A vote was taken and the AMENDMENT was CARRIED.

The AMENDMENT became the SUBSTANTIVE MOTION.

The SUBSTANTIVE MOTION was PUT.

A vote was taken and the SUBSTANTIVE MOTION was CARRIED.

PURPOSE

1.1 To update Council on the findings of the community consultation undertaken, subsequent amendments to and recommend endorsement of the Footpath Trading Guidelines (2024)

1.2 To present Councillors with outcomes from the Fitzroy Street Outdoor Speaker Trial.

MOVED Crs Sirakoff/Cunsolo

The Chair advised the vote would be taken in parts.

PART A

That Council:

3.1 Endorse the Footpath Trading Guidelines (2024).

3.2 Promotes the Footpath Trading Guidelines to current permit holders, business associations and other key stakeholders.

3.4 Requests officers to correct an error in point two of part 13.14 of the Footpath Trading Guidelines as below:

Remove: “Authorised Officers will consider all relevant matters including: outdoor speakers will not be considered within 25m of a residential zone (as defined by the Planning Scheme).”

Replace with: “Authorised Officers will consider all relevant matters including: the venue location, with outdoor speakers not supported in residential zones, as defined by the Planning Scheme”

3.4 Approves the CEO to make minor amendments that do not affect the intent or substance of these guidelines.

A vote was taken and PART A of the MOTION was CARRIED unanimously.

PART B

3.3 Specifies that Outdoor Speakers will not be permitted in Armstrong Street, Middle Park if the applicant is located within 25 metres of a residential zone (as defined by the Planning Scheme)

A vote was taken and PART B of the MOTION was LOST.

Cr Sirakoff called for a DIVISION.

FOR: Crs Sirakoff and Cunsolo

AGAINST: Crs Baxter, Crawford, Bond, Martin, Pearl and Nyaguy

A vote was taken and PART B of the MOTION was LOST.

PURPOSE

1.1 To present the recommended funding and grant recipients for 2024/25 for the Cultural Development Fund (Festivals and Events), Cultural Development Fund (Projects), Love My Place, and Rupert Bunny Foundation Visual Arts Fellowship for Council’s approval.

MOVED Crs Crawford/Cunsolo

That Council:

3.1 Endorses the successful applicants proposed by the internal officer panel and Cultural Development Fund Reference Committee for the Cultural Development Fund (Festivals and Events) Grant 2024/25 as outlined in Confidential Attachment 1.

3.2 Endorses the successful applicants proposed by the Cultural Development Fund Reference Committee for the Cultural Development Fund (Projects) Grant 2024/25 as outlined in Confidential Attachment 2.

3.3 Endorses the successful applicants proposed by the Love My Place Evaluation Panel for the Love My Place Grant 2024/25 as outlined in Confidential Attachment 3.

3.4 Endorses the successful applicant proposed by the Rupert Bunny Foundation Visual Arts Fellowship Reference Committee for the Rupert Bunny Foundation Visual Arts Fellowship 2025/26 as outlined in Confidential Attachment 4.

3.5 Releases details on the successful recipients of the above from confidence once all applicants have been advised of the outcome of their application and those successful have confirmed their ability to proceed with their application.

3.6 Thanks the Cultural Development Fund Reference Committee, Love My Place Evaluation Panel and Rupert Bunny Foundation Visual Arts Fellowship Reference Committee for their work in assessing applications and making recommendations to Council.

3.7 Thanks all applicants who participated in these most recent Cultural Development Fund, Love My Place and Rupert Bunny Foundation Visual Arts Fellowship grants rounds.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

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

MOVED Crs Martin/Bond

That Council:

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

3.2 Accepts Councillor Heather Cunsolo’s childcare expense reimbursement claims totalling $675.00 which have been lodged outside of the 30-day claim period stipulated in the Councillor Expense and Support Policy.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To seek Council’s endorsement of the revised Fraud and Corruption Awareness and
Prevention Policy

MOVED Crs Bond/Martin

That Council:

3.1 Endorses the revised Fraud and Corruption Awareness and Prevention Policy in Attachment 1.

3.2 Authorises the CEO to make minor editorial changes to the policy outside of any formal policy review process.

A vote was taken and the MOTION was CARRIED unanimously.

PURPOSE

1.1 To appoint Councillor Marcus Pearl as Council’s primary delegate for the Municipal Association of Victoria (MAV) external committee for the remainder of the Council term.

MOVED Crs Bond/Crawford

That Council:

3.1 Appoints Councillor Marcus Pearl as Council’s primary delegate to the Municipal Association of Victoria external committee for the remainder of the Council term.

A vote was taken and the MOTION was CARRIED unanimously.

Moved Crs Cunsolo/Martin

That Council:

1. That Council waive $7500 (50% of $15,000) of the event permit fee that has been quoted to the Bicycle Network for the holding of the 2024 Around the Bay event.

2. Notes that the event has provisional approval for 2024 and is working with the Events Team to obtain the full permit, which is expected to be issued imminently. The permit for Around the Bay relates to road closures and a rest-stop.

A vote was taken and the MOTION was CARRIED.

MOVED Crs Martin/Bond

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 Park Street Bike Link and Road Construction Tender Award

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

Reason - Contractual negotiations regarding the procurement of services for this project are still being undertaken and finalised, and the public release of the information in the report at this stage may negatively impair the Council's ability to negotiate and implement procurement arrangements effectively

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Martin/Bond

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 Award of Carpentry & Handyman 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 Martin/Bond

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 Procurement for the Maintenance of Paid Parking Machines

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 contractor price submissions, subjective evaluation summary notes and other information that may jeopardise Council’s position in finalising contract negotiations related to this service
yet to be finalised.

A vote was taken and the MOTION was CARRIED unanimously.