Council meeting catchup - 1 March 2023

A Petition containing 22 signatures, was received from local residents.

MOVED Crs Clark/Sirakoff that Council:

1. Receives and notes the Petition.

2. Thanks the petitioners for their Petition.

3. Notes that the proposed area has been inspected by Council officers and is a suitable location for a communal food organics hub.

4. Notes that support of the introduction of the communal food organics hub and that the inclusion of such a hub in this location is unlikely to have any detrimental impact on the use of this space

5. Proceeds with the installation of the new communal food organics bins for surrounding properties, including 3x120L FOGO bins at the earliest opportunity ahead of the wider roll-out from the middle of 2023.

A vote was taken and the motion was carried unanimously.

Purpose

1.1 To seek approval for the release of the proposed Community Amenity Local Law 2023 for community consultation, in accordance with the Local Government Act 2020.

The Mayor advised that all items of the Motion would be voted on separately.

MOVED Crs Clark/Sirakoff that Council:

3.1 Approves the following change to clause 17 of the proposed Community Amenity Local Law 2023 in relation to Behaviour on Council Land or Roads:

From:

17. Behaviour on Council Land

1) A person must not behave on Council land:

a) In a manner which causes interference with the quiet enjoyment by any person using the Council land or living in close proximity to the Council land;

b) Contrary to any conditions or signs that contain conditions applying to the use of Council land; or

c) Contrary to any direction by an authorised officer

d) For the avoidance of doubt, a person does not interfere with the quiet enjoyment of other persons simply expressing political or other opinions which may cause offence.

To:

17. Behaviour on Council Land

1) A person must not on or in Council land, a road or a footpath:

a) Create a nuisance;

b) Behave in a manner which unreasonably interferes with another person on or in the Council land, road or footpath

c) Behaves in a manner which unreasonably interferes with another person occupying premises in close proximity to the Council land, road or footpath;

d) Harass any person using the Council land, a road or footpath

e) Defecate or urinate except in a toilet or urinal (as the case may be) in a public convenience;

f) Act contrary to any conditions or signs that contain conditions applying to the use of the Council land, road or footpath;

g) Fail to comply with a reasonable direction of an Authorised Officer or Council staff member whilst on Council land.

A vote was taken and the MOTION was CARRIED.

Cr Nyaguy called for a DIVISION.

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

AGAINST: Crs Baxter, Crawford, Martin and Nyaguy

Item 3.1 of the MOTION was CARRIED.

3.2 Approves the addition of the following move on clause in the proposed Community Amenity Local Law 2023:

1) An Authorised Officer may direct a person to leave the Council land, a road or a footpath if:

a) That person has contravened this Local Law; and

b) The Authorised Officer believes on reasonable grounds that:

i. Unless the person leaves the Council land, a road or a footpath, the person will continue to contravene this Local Law; and

ii. A continuation of the contravention of this Local Law will significantly interfere with any other person.

2) A direction given by an Authorised Officer under this clause (1) must be reasonable in the circumstances.

3) A person given a direction by an Authorised Officer must comply with the direction.

A vote was taken and the MOTION was LOST.

Cr Baxter called for a DIVISION.

FOR: Crs Sirakoff and Clark

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

Item 3.2 of the MOTION was LOST.

3.3 Approves the release of the proposed Community Amenity Local law 2023, with any adopted changes as resolved in Part A, and the associated Community Impact Statement for community consultation.

A vote was taken and the MOTION was CARRIED.

3.4 As part of its community consultation process, provides information to the community and seeks feedback on Council’s consideration of a hoon event clause.

A vote was taken and the MOTION was CARRIED.

AMENDMENT

MOVED Crs Cunsolo/Bond

For the inclusion of the following item:

3.5 As part of its community consultation process, provides information to the community and seeks feedback on Council’s consideration of a move on clause

A vote was taken and the MOTION was LOST.

3.6 Delegates authority to the CEO or delegate to reflect any changes made by Council at tonight’s meeting, to make minor typographical corrections or changes, and/or formatting to the proposed Local Law and consultation information prior to community consultation.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To respond to Council’s Notice of Motion 14.2 Port Phillip Sporting Fields carried on the 7 September 2022 regarding the condition of Council’s sportsgrounds and outcomes of the review of maintenance practices.

MOVED Crs Martin/Crawford that Council:

3.1 Notes that independent assessments of the quality of Council’s sporting grounds have been completed and that whilst they represent condition at a moment in time, a number of sites are not meeting stakeholder expectations.

3.2 Notes that a detailed review of the specification and operation of Council’s contracted sportsground maintenance service has been undertaken.

3.3 Notes that a number of improvement initiatives have been implemented and are continuing to be rolled-out to address deficiencies in maintenance that are contributing to poor outcomes at sportsgrounds.

3.4 Notes that an investigation has commenced to provide a comparative assessment of the options of entering into a new maintenance contract(s) or exercising the final two-year extension of the current maintenance contract. Further noting that this will be presented to Council for decision before October 2023.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To report the submissions in response to a notice published in accordance with section 115(4) of the Local Government Act 2020 (“Act”) advising of Council’s intention to lease of the South Melbourne Town Hall by the Australian National Academy of Music (“ANAM”).

MOVED Crs Martin/Bond that Council:

3.1 Notes that it has formally sought and received feedback in relation to its intention to enter into an agreement for lease, and lease, of lease 208-220 Bank Street, South Melbourne (South Melbourne Town Hall) to the Australian National Academy of Music Ltd.

3.2 Notes the submissions of response received by the end of the notice period (30 January 2023).

3.3 Thanks the submitters for their submissions.

3.4 Will formally consider the response to the submissions received at a subsequent meeting of Council, once Officers have had the opportunity to consider the feedback.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To present the Audit and Risk Committee Biannual Report as of 31 December 2022.

MOVED Crs Pearl/Sirakoff that Council:

3.1 Notes the Audit and Risk Committee Biannual Report as of 31 December 2022, which details activities of the Committee covering scheduled meetings held on 8 September 2022 and 22 November 2022.

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 2022 and 31 December 2022 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 2022 and 31 December 2022 and the status of questions taken on notice that were previously reported as outstanding in the last quarterly status report.

MOVED Crs Pearl/Sirakoff 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.

MOVED Crs Clark/Sirakoff that Council resolves to move into confidential to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020

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

MOVED Crs Clark/Sirakoff that Council resolves to move into confidential to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020

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

MOVED Crs Clark/Sirakoff that Council resolves to move into confidential to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020

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