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- Council meeting catchup - 1 February 2023
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Council meeting catchup - 1 February 2023

The 1 February 2023 Council meeting was held at St Kilda Town Hall and marked the first meeting for the new year.
At this meeting, an Affirmation of Office was administered for Councillor-elect Robbie Nyaguy, who replaces Katherine Copsey as a Lake Ward Councillor.
Councillors raised a motion to acknowledge the service of outgoing Councillor Katherine Copsey.
Councillors also raised a condolence motion following the passing of Paul Dahan, former Mayor of South Melbourne, who sadly passed away on 16 January 2022.
Council expressed its deep regret on the passing of Paul Dahan, offered its sincere condolences to his family and placed on record its appreciation for his service to the City of Port Phillip.
Council meeting agenda
A Petition containing 12 signatures, was received from local residents.
Councillors Martin and Pearl moved that Council:
1. Receives and notes the petition
2. Thanks the petitioners for their Petition
3. Notes that Council have previously considered a petition from 105 people on 17 February 2021 which requested the flying fox to be included in the planned upgrade for TT Buckingham Reserve.
4. Believes that adequate consideration has been given to community views both for and against the inclusion of a flying fox.
5. Recognises that there was more that could have been done to keep community members up to date with the proposed changes to the design of TT Buckingham Reserve.
6. Requests Officers to consider improvements to the notification process for changes to projects, including timely updates to the Have Your Say Page.
7. Supports the installation of a flying fox at TT Buckingham Reserve.A vote was taken and the motion was carried unanimously.
Purpose
1.1 To consider the draft Positive Ageing Policy 2023-27 and endorse its release for community consultation.Councillors Martin and Crawford moved that Council:
3.1 Releases the draft Positive Ageing Policy 2023-27 for a five-week period of consultation between 10 February and 20 March 2023.
3.2 Notes that a further report outlining the findings of the community consultation and any proposed changes to the draft policy arising from feedback will be presented to Council in May 2023.A vote was taken and the motion was carried unanimously.
Purpose
1.1 To present the results of the internal review of the Community Facility Access and Allocation Policy 2014 and present the revised Community Facility Access and Allocation Policy for approval.Councillors Martin and Bond moved that Council:
3.1 Approves the adoption of the revised Community Facility Access and Allocation Policy 2023.
3.2 Delegates authority to the Chief Executive Officer to make amendments to the Community Facility Access and Allocation Policy 2023 to correct any minor changes that do not materially alter its intent.
Amendmant
Councillors Crawford and Nyaguy moved the addition of:
3.1 Approves the adoption of the revised Community Facility Access and Allocation Policy 2023 with the following amendments:
a) Update the “Other Considerations” section to ensure clarity around environmentally sustainable procedures and how they are deployed across the portfolio.
b) Amend the “Applications for Hire” section to ensure that it is clear that refusal of an application may be provided for any activity that actively promotes discrimination against the equal rights and opportunities of people within the community.
c) Amend the definition of “Private Group” to remove reference to “political parties” and replace it with “political campaigning activities, political fundraising activities”.
3.2 Delegates authority to the Chief Executive Officer to make amendments to the Community Facility Access and Allocation Policy 2023 to correct any minor changes that do not materially alter its intent.
Councillor Pearl noted an interest in relation to 3.1(c) of the amendment, as the treasurer of the Liberal Party MacNamara branch FEC. As this amendment was not included in the agenda, this interest was not noted at the start of the meeting.
Councillor Martin noted they are the branch secretary of the Brighton Labor Party branch, which meets in a different municipality.
The amendment became the substantive motion.
A vote was taken and the substantive motion was carried.Purpose
1.1 To seek Council endorsement of the appointment of the Friends of Suai/Covalima (FoSC) Community Reference Committee (CRC) Chairperson.Councillors Baxter and Crawford moved that Council:
3.1 Accepts and endorses the nomination of Megs Alston as Chairperson of Friends of Suai/Covalima Community Reference Committee.
3.2 Formally recognises the ongoing contribution of Megs Alston to the Friends of Suai/Covalima Community Reference Committee and Council’s Friendship with Suai/Covalima.A vote was taken and the motion was carried unanimously.
Purpose
1.1 To commence the statutory process to introduce the Carlisle Street Special Rate, for the 1 July 2023 to 30 June 2028 period, for the purpose of marketing, tourism, promotion, business development and centre management of the Carlisle Street business precinct.
Councillors Bond and Sirakoff moved that Council:
3.1 Having otherwise considered all relevant matters, commences the statutory process in May 2023 under the Local Government Act 1989 (the Act) to introduce a Special Rate to and for the properties within the defined Carlisle Street Business Precinct, such Special Rate is to raise a levy of up to $200,000 per annum in each of the financial years from 2023-2024 to 2027-2028.
3.2 In accordance with Section 163(1A) and 163B(3) of the Act, directs that public notices be published in The Age of the intention of Council to declare, if it is approved at the ordinary meeting of Council to be held on 1 February 2023, in accordance with the proposed declaration of Special Rate in the form of the attachment to this resolution. (Proposed Declaration of Special Rate) and as such a Special Rate levy is to be for the purposes of defraying expenses to be incurred by Council in providing funds to the incorporated body known and operating as the Carlisle Street Traders Association and funds, administratively only and subject always to the approval, direction and control of Council, are to be used for the purposes of the appointment of a coordinator, promotional, advertising, marketing, business development and centre management, all of which are associated with the encouragement of commerce, retail and professional activity and employment in the Carlisle Street Business Precinct.
3.3 Directs that in accordance with section 163 (1C) of the Act, separate letters enclosing a copy of the public notice be sent to the owners and the occupiers of the properties referred to in the Proposed Declaration included as Attachment 3, forming a part of the Proposed Declaration of Special Rate advising of the intention of Council to declare the Special Rate at the ordinary meeting of Council to be held on 17 May 2023, the amount for which the property owner or the occupier (being a person who as a condition of a lease under which the person who occupies the property is required to pay the Special Rate levy) will be liable, the basis of the calculation and distribution of the Special Rate and notifying such persons that submissions and/or objections in writing in relation to the Proposed Declaration of Special Rate will be considered and/or taken into account by Council in accordance with sections 163A, 163B and 223 of the Act. The CEO is delegated to make minor amendments to the public notice (Attachment 3) that does not change the material intent and to ensure legislative compliance.
3.4 Advises the Carlisle Street Traders Association of the matters specified in paragraphs 2.3, 2.4 and 2.5 of this resolution.
3.5 Authorises the Chief Executive Officer or delegate – (a) to carry out any and all other administrative procedures necessary to enable Council to carry out its functions under section 163A and section 163(1A), (1B) and (1C) and sections 163B and 223 of the Act; and (b) to prepare a funding agreement between Council and the Carlisle Street Traders Association to formalise the administrative operations of the Special Rate, such agreement being to ensure that at all times, and as a precondition to the payment of any funds by Council to the Carlisle Street Traders Association, Council is, and remains, legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Rate in accordance with its obligations under the Local Government Act 1989 to do so.
3.6 Directs that the agreement specified in this resolution will be approved by the authorised officers of Council once the Special Rate is declared.A vote was taken and the motion was carried unanimously.
The Mayor advised that item 13.1 Tender: Drainage Asset Cleaning and Pipe Rehabilitation Services (Panel) had been removed from the agenda and will be rescheduled to a future Council meeting.
Purpose
1.1 To appoint a Chairperson of the Audit and Risk Committee for 2023.
Councillors Sirakoff and Martin moved that Council:
3.1 Appoints Mr Brian Densem to the position of Chairperson of the City of Port Phillip Audit and Risk Committee for the 2023 calendar year, commencing 01 January 2023 through to 31 December 2023.
A vote was taken and the motion was carried unanimously.Purpose
1.1 To advise Council of the outcomes of the public tender process for Request for Tender 000196, Panel of Suppliers – Commercial Building Services (Minor Capital Works).
Councillors Bond and Martin moved that Council:
3.1 Notes the Council Report presented on 7 December 2022, which endorsed the recommendation to increase the Chief Executive Officer’s delegation limit from $1.0M (Inc. GST) to $32.5M (Inc. GST), to enable the Chief Executive Officer to approve contracts with preferred tenderers during Council’s non-sitting period from 9 December 2022 until Council resumed in February 2023.
3.2 Notes that under delegation, the assessment and procurement of the panel of contractors has been completed and that the following organisations have been engaged under a Deed of Standing Offer (RFT000196), based on the rates submitted:
a) Total Construction & Maintenance Solutions
b) Johnson Building & Maintenance Pty Ltd
c) Symmetry Commercial Pty Ltd
d) Urban Maintenance Systems Pty Ltd
3.3 Notes that the Deed of Standing Offer commences on 20 February 2023, for an initial contract term of four (4) years, with two potential extensions of two (2) x two (2) year terms at Council’s discretion.
3.4 Notes that although no funding is guaranteed to any recommended tenderer, the projected expenditure of this contract is $32.5M (Inc.GST) over the full eight-yearterm including extensions and that this workload is subject to Council’s annual budget process.
3.5 Notes that the contract value will continue to adjust annually by All Groups Consumer Price Index (CPI), on the contract anniversary each year.
3.6 Approves the recommendation that the Chief Executive Officer will have delegated authority to determine if the contract extensions are to be exercised and to execute those contract extensions as required.A vote was taken and the motion was carried unanimously.
Confidential matters
Councillors Bond and Pearl moved that Council resolves to move into confidential business to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020:
17.1 Appointment of the Independent Chair to the South Melbourne Market
Advisory Committee
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
A vote was taken and the motion was carried unanimously.
Watch the Council meeting
More information
To view the full agenda, upcoming or past Council meeting agendas and minutes, visit our 2023 meetings and agendas page.
Council meetings typically occur on the first and third Wednesday of each month. City of Port Phillip's next Council meeting will take place at St Kilda Town Hall on Wednesday 15 February at 6.30 PM.