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- Council meeting catchup - 15 October 2025
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Council meeting catchup - 15 October 2025
The 15 October 2025 Council Meeting was held at St Kilda Town Hall.
Items Actioned included:
- extending kerbside waste collection contract with Cleanaway
- awarding open space maintenance and tree maintenance and management contracts.
Council meeting agenda
PURPOSE
A Petition containing 737 signatures, was received via change.org.
Councillor Makin moved an amended motion to include clause 5:
Moved Crs Makin/Cunsolo
That Council:
- Receives and notes the petition regarding service frequency and reliability concerns on bus route 606.
- Acknowledges and thanks the petitioners for their submission and ongoing advocacy on this matter.
- Requests that officers incorporate advocacy for increased service frequency on bus route 606 as a distinct component of Council’s broader Fishermans Bend transport advocacy campaign.
- Requests officers to include advocacy for increased frequency of bus route 606 within Council’s formal response to the Victorian Government’s Fishermans Bend Integrated Transport Plan.
- Requests the Mayor write to the Member for Albert Park and the Minister for Public and Active Transport in support of the petition, advocating for more frequent and extended bus services along Route 606.
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 Halliday/Buckingham
That Council:
3.1 Notes the CEO Report – August 2025 Issue 121 (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.
PURPOSE
1.1 To present the report of the Tender Evaluation Panel (TEP) for RFT000348 Kerbside Collection Services and to present the report on the negotiated contract extension for Contract 001234 – Waste Services.
1.2 To recommend to Council to extend the contract with Cleanaway Waste Management Pty Ltd (Cleanaway) (ABN 74 101 155 220) for a period of four (4) years, with a further three (3) year extension available by mutual agreement.
1.3 To present comparative alternative delivery model for kerbside collection services and the findings of Council’s Best Alternative to a Negotiated Agreement (BATNA) analysis.
Moved Crs Halliday/Hardy
That Council:
3.1 Notes the extraordinary circumstances under which this decision is being made following a public tender process in which the incumbent contractor and tenderer acquired the other tenderer mid tender evaluation.
3.2 Notes the outcomes of RFT000348 and determine not award a tender and advise the tenderer accordingly.
3.3 Extends Contract 001234 Waste Services Part A: Kerbside Services (Waste & Recycling) for a period of four (4) years, with the option of a further three (3) year extension by agreement, at an estimated cost of $47,888,000 (ex GST) for the four-year period.3.4 Delegates the authority to the Chief Executive Officer, or their delegate, to execute the Deed of Variation for the four (4) year contract extension on behalf of Council and to execute the three (3) year contract extension by mutual agreement.
A vote was taken and the MOTION was CARRIED unanimously.
PURPOSE
1.1 To seek Council endorsement to award a contract for the maintenance and management of the parks and open spaces across the City to Green by Nature Pty Ltd following a comprehensive public procurement process.
1.2 To outline the benefits and improved service delivery under this proposed contract and detailed the likely budget impacts of the increase in pricing to deliver these key services.
Moved Crs Halliday/Makin
That Council:
3.1 Enters into an Open Space Maintenance Contract with Green by Nature Landscape Services (VIC) Pty Ltd for the initial term of five years for the amount of $42,935,817 inclusive of GST.
3.2 Notes the two extension options of up to three years and that the estimated total contract cost indexed over eleven years (including extensions) is $106,147,116 inclusive of GST.
3.3 Notes this contract includes contingency, other project/service costs, and extension options as detailed in Confidential Attachment 1.
3.4 Approves an additional budget of $227,024 inclusive of GST for financial year 2025-26 for the transition period activities and increased service delivery costs.
3.5 Notes the likely budget shortfall over the total potential contract term of 11 years of approximately $9.37m inclusive of GST and that this will be addressed through the upcoming revision of Council’s ten-year financial plan.
3.6 Authorises the Chief Executive Officer, or their delegate, to execute the Contract Document on behalf of Council and to execute the extension options detailed in Confidential Attachment 1.
A vote was taken and the MOTION was CARRIED unanimously.
PURPOSE
1.1 To seek Council endorsement to award a contract for the maintenance and management of the trees across the City to Arborcraft Tree Services Pty Ltd following a comprehensive public procurement process.
1.2 To outline the benefits and improved service delivery under this proposed contract and detailed the likely budget impacts of the increase in pricing to deliver these key services.
Moved Crs Buckingham/Thomann
That Council:
3.1 Enters into a Tree Maintenance and Management Contract with Arborcraft Tree Services Pty Ltd for the initial term of four years for the amount of $25,060,964 inclusive of GST.
3.2 Notes the extension options of up to four years and estimated total contract cost over eight years (inclusive of extensions) is $52,615,786 inclusive of GST.
3.3 Notes this contract includes contingency, other project/service costs, and extension options as detailed in Confidential Attachment 1.
3.4 Approves a one-off additional budget of $399,951 inclusive of GST for the transition period activities.
3.5 Approves an additional budget for FY26 service delivery of $127,108 inclusive of GST.
3.6 Notes the likely budget shortfall over the total potential contract term of eight years of approximately $7.10m inclusive of GST and that this will be addressed through the upcoming revision of Council’s ten-year financial plan.
3.7 Authorises the Chief Executive Officer, or their delegate, to execute the Contract Document on behalf of Council and to execute the extension options detailed in Confidential Attachment 1
A vote was taken and the MOTION was CARRIED unanimously.
PURPOSE
1.1 To present the report of the Tender Evaluation Panel (“TEP”) for Tender RFT000347, PJ1820 Middle Park Beach Renourishment and to recommend the awarding of the Contract to Hall Contracting Pty Ltd for a total award value of $1,333,808.19 excluding GST ($1,467,189.01 including GST).
Moved Crs Hardy/Cunsolo
That Council:
3.1 Award tender RFT000347 to Hall Contracting Pty Ltd for a total award value of $1,333,808.19 excluding GST ($1,467,189.01 including GST).
3.2 Approves contingency value outlined in Confidential Attachment No. 1.
3.3 Authorises the Chief Executive Officer (or their delegate) to approve variations up to the total proposed approval amount, including contingency, outlined in Confidential Attachment No. 1.
3.4 Notes that the works are expected to be undertaken in 2026 winter and are estimated to take approximately six (6) weeks, but that the unpredictability of weather and wave conditions may impact the overall timeline.
3.5 Delegates the authority to the Chief Executive Officer to execute the Contract Document on behalf of Council.
A vote was taken and the MOTION was CARRIED unanimously.
PURPOSE
1.1 To present the recommended funding and grant recipients for the 2025/26 Cultural Development Fund – Projects and Cultural Development Fund – Festivals and Events grant programs for Council approval.
Moved Crs Thomann/Halliday
That Council:
3.1 Endorses the successful applicants proposed by the Cultural Development Fund – Projects Reference Committee for the Cultural Development Fund – Projects grant program 2025/26 as outlined in Confidential Attachment 1.
3.2 Endorses the successful applicants proposed by the Cultural Development Fund - Festivals and Events Internal Grants Assessment Panel for the Cultural Development Fund – Festivals and Events grant program 2025/26 as outlined in Confidential Attachment 2.
3.3 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.
3.4 Thanks the Cultural Development Fund – Projects Reference Committee for their work in assessing applications and making recommendations to Council.
3.5 Thanks all applicants who participated in these most recent Cultural Development Fund grant rounds.
A vote was taken and the MOTION was CARRIED unanimously.
PURPOSE
To present the Palais Theatre Annual Report as required pursuant to Clause 16 (Annual Report and Forecast) of the Lease Agreement for the activities undertaken by Live Nation Australia Venues Pty Ltd (Lessee) for the period 1 April 2024 to 31 March 2025 (“reporting period”).
Moved Crs Jay/Halliday
That Council:
3.1 Notes and accepts the Palais Theatre Annual Report and declares it is satisfied with the activities undertaken by Live Nation for the period ended 31 March 2025.
A vote was taken and the MOTION was CARRIED unanimously.
PURPOSE
1.1 To present to Council an updated S6 Instrument of Delegation from Council to Members of Council Staff
Councillor Jay moved an Alternate Motion to the officers recommendation to remove item 3.6 from the recommendation (as indicated in bold below):
Moved Crs Jay/Mears
That Council:
3.1 Delegates to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the S6 Instrument of Delegation from Council to Members of Council Staff (Attachment 1) the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that instrument.
3.2 The Common Seal of Council be affixed to the S6 Instrument of Delegation from Council to Members of Council Staff.3.3 Notes that the S6 Instrument of Delegation comes into force immediately upon resolution and remains in force until Council determines to vary or revoke it.
3.4 On coming into force the previous S6 Instrument of Delegation from Council to Members of Council Staff (dated 2 July 2025) is revoked.
3.5 On coming into force revokes the Fishermans Bend Protocol adopted at the 28 July 2015 Ordinary Meeting of Council.
3.6 On coming into force revokes the Design and Development Overlay 26 Protocol adopted at the 2 August 2017 Ordinary Meeting of Council in respect of new planning permit applications that exceed six storeys in height in the area covered by Sub Precinct 2 in Schedule 26 to the Design and Development Overlay in the Port Phillip Planning Scheme, for the St Kilda Road North Precinct.
3.7 Notes that the duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument of Delegation must be executed, in accordance with any policies of Council that it may from time to time adopt.
3.8 Authorises the CEO, or their delegate, to make administrative changes to the document to correct any titles and typographical errors, to enable the documents to be appropriately sealed.
A vote was taken and the MOTION was LOST.
FOR: Crs Jay, Mears, Hardy and Cunsolo
AGAINST: Crs Makin, Thomann, Crawford, Buckingham and Halliday
The Mayor foreshadowed they would move the officers recommendation in the event that the alternate motion failed.FORESHADOWED MOTION
Moved Crs Crawford/MakinThat Council:
3.1 Delegates to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the S6 Instrument of Delegation from Council to Members of Council Staff (Attachment 1) the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that instrument.3.2 The Common Seal of Council be affixed to the S6 Instrument of Delegation from Council to Members of Council Staff.
3.3 Notes that the S6 Instrument of Delegation comes into force immediately upon resolution and remains in force until Council determines to vary or revoke it.
3.4 On coming into force the previous S6 Instrument of Delegation from Council to Members of Council Staff (dated 2 July 2025) is revoked.
3.5 On coming into force revokes the Fishermans Bend Protocol adopted at the 28 July 2015 Ordinary Meeting of Council.
3.6 On coming into force revokes the Design and Development Overlay 26 Protocol adopted at the 2 August 2017 Ordinary Meeting of Council in respect of new planning permit applications that exceed six storeys in height in the area covered by Sub Precinct 2 in Schedule 26 to the Design and Development Overlay in the Port Phillip Planning Scheme, for the St Kilda Road North Precinct.3.7 Notes that the duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument of Delegation must be executed, in accordance with any policies of Council that it may from time to time adopt.
3.8 Authorises the CEO, or their delegate, to make administrative changes to the document to correct any titles and typographical errors, to enable the documents to be appropriately sealed.
A vote was taken and the MOTION was CARRIED.
FOR: Crs Makin, Thomann, Crawford, Buckingham, Halliday and Cunsolo
AGAINST: Crs Jay, Mears and HardyPURPOSE
1.1 To report on the expenses incurred by Councillors during September 2025 in accordance with the Councillor Expenses and Support Policy.Moved Crs Thomann/Hardy
That Council:
3.1 Notes the monthly Councillor expenses report for September 2025 (attachment 1) and that this will be made available on Council’s website.
A vote was taken and the MOTION was CARRIED unanimously.PURPOSE
1.1 To present and endorse the City of Port Phillip’s Annual Report 2024/25
Moved Crs Halliday/Makin
That Council:
3.1 Endorses the Annual Report 2024/25 (Attachment 1) and presents the same to the public as a report on the implementation of the Council Plan 2021-31, in line with the legislative requirements of the Local Government Act 2020.
3.2 Authorises the Chief Executive Officer, or their delegate, to make amendments to the document to correct any minor drafting errors that do not materially alter the intent of the document.A vote was taken and the MOTION was CARRIED unanimously.
PURPOSE
1.1 To consider whether part of the road adjoining Jim Duggan Reserve and 15 Marriott Street, St Kilda, known as Laneway R3559 shown shaded blue on the images below (Road), should be discontinued pursuant to the Local Government Act 1989 (Vic) (‘the Act’) and retained by Council.
Moved Crs Halliday/Thomann
That Council:
3.1 Acting under section 17(4) of the Road Management Act 2004 (Vic), resolves that part of Laneway R1229 be removed from Council’s Register of Public Roads on the basis that the Road is no longer reasonably required for general public use for the reasons set out in this report.
3.2 Acting under clause 3 of Schedule 10 of the Local Government Act 1989 (Vic) (“the Act”):
3.2.1 Resolves that the statutory procedures be commenced to discontinue the Road;
3.2.2 Directs that under sections 207A and 223 of the Act, public notice of the proposed discontinuance and sale of the Road be given in ‘The Age’ newspaper and on Council’s website;
3.2.3 Resolves that the public notice required to be given under the Act should state that if the Road is discontinued, the Road will remain in the ownership of Council for the purposes of a public open space;
3.2.4 Authorises the Chief Executive Officer or delegate to undertake the administrative procedures necessary to enable Council to carry out its functions under section 223 of the Act in relation to this matter; and
3.2.5 Resolves to hear and consider any submissions received pursuant to section 223 of the Act at a future Council meeting.A vote was taken and the MOTION was CARRIED unanimously.
PURPOSE
1.1 To propose that the Memorial Hall at 14A Ferrars Place, South Melbourne be leased to Returned & Services League of Australia (Victorian Branch) Hellenic Sub Branch Incorporated (RSL Hellenic SM) for a term of ten (10) years and to seek approval to call for public feedback on that proposal.Moved Crs Jay/Mears
That Council:
3.1 Commences the statutory procedures under section 115 of the Local Government Act 2020 (“Act”) to enter into a lease with Returned & Services League of Australia (Victorian Branch) Hellenic Sub Branch Incorporated for the occupation of the Memorial Hall facility at 14A Ferrars Place, South Melbourne, on the following terms: total term of no greater than ten (10) years, with a commencing annual rental of $488 plus GST.
3.2 Authorises the Chief Executive Officer, or their delegate, to undertake the administrative procedures necessary to enable Council to carry out its functions under section 115(4) of the Act in relation to community engagement on the lease proposed, including giving public notice in ‘The Age’ newspaper and on its website.
3.3 Following the consideration of any submissions, receives a further report at a future meeting of Council.
A vote was taken and the MOTION was CARRIED unanimously.
PURPOSE
1.1 To seek Council’s approval to remove two laneways – R1305, adjoining 61 Merton Street, Albert Park, and R1339, adjoining 15 Canterbury Road, Middle Park – from Council’s Register of Public Roads in accordance with the Road Management Act 2004 (Vic).
Moved Crs Jay/Makin
That Council:
3.1 Notes that laneways R1305 and R1339 are incorrectly included on Council’s Register of Public Roads.
3.2 Approves the removal of laneways R1305 and R1339 from the Register of Public Roads as an administrative correction, in accordance with the Road Management Act 2004 (Vic).
3.3 Authorises Council officers to update the Register of Public Roads to reflect this correction.
3.4 Notes that as the laneways were incorrectly included on the Register of Public roads that no public notice process is required.
A vote was taken and the MOTION was CARRIED unanimously.PURPOSE
1.1 To present the report of the Tender Evaluation Panel (the TEP) for Tender RFT000346 Mechanical Services Maintenance and to recommend awarding the Contract to Air Control Australia Pty Ltd (ABN 30 292 817 109).Moved Crs Jay/Mears
That Council:
3.1 Award tender RFT000346 to Air Control Australia Pty Ltd for a total contract value of $1,174,985.00 excluding GST, covering a maximum term of five (5) years commencing 3 November 2025. This includes lump sum services, schedule of rates for proactive and reactive works, and an allowance for materials and capital items.
3.2 Notes this tender is comprised of three (3) components:
3.2.1 Lump Sum Services: $410,427.00 excluding GST, for the provision of planned maintenance services over a maximum contract term of five (5) years;
3.2.2 Schedule of Rates: $568,727.00 excluding GST allocated for proactive and reactive maintenance services, based on a 4-hour call-out model and forecast works; and
3.2.3 Materials and Capital Items: $195,831.00 excluding GST, estimated at 20% of the combined value of the lump sum and schedule of rates components.3.3 Notes that the maximum term of the contract is five (5) years, comprising an initial period of three (3) years, with an option to extend for a further two (2) years at Council’s discretion.
3.4 Authorises the Chief Executive Officer or their delegate to execute the extension options as and when required, subject to the satisfactory performance of Air Control Australia Pty Ltd.
A vote was taken and the MOTION was CARRIED unanimously.
The Mayor adjourned the meeting for a break at 9:32 pm.
The meeting resumed at 9:37 pm.14.1 Notice of Motion - Councillor Hardy - Parking Permits
Councillor Hardy moved an amended motion to include items 2 and 3:
Moved Crs Hardy/Makin
That Council requests officers to:
- Undertake a preliminary desktop review of the current policy relating to the conversion of commercial properties to residential use, and provide a report back to council on potential updates to:
1.1. The definition and application of exceptional circumstances in determining eligibility for residential parking permits
1.2. The provisions that treat such conversions as an increase in dwellings, thereby rendering properties ineligible for permits
2. Report back on the resourcing and implications on Council’s existing work programs required to:
2.1 Update the Parking Management Policy in the 2026/2027 financial year
2.2 Refresh the Integrated Transport Strategy in the 2026/2027 financial year to accommodate the updated Fishermans Bend Integrated Transport Plan and strengthen the strategic nexus between transport networks and parking demand.
3. Notes that aligning these updates will support Council’s broader objectives around sustainable mobility, equitable access, and infrastructure efficiency.
Extension of Time
Moved Crs Jay/Makin
That council in line with provision 10.2 of the governance rules extends the meeting on 15 October by 30 minutes (until 10.30 pm).
A vote was taken and the MOTION was CARRIED unanimously.
14.2 Notice of Motion - Councillor Makin - Victorian Carded Play Trial for Electronic Gaming Machines
Moved Crs Makin/MearsThat Council:-
1. Notes the advocacy undertaken by the Alliance for Gambling Reform regarding the State Government’s electronic gaming machine precommitment trial which is running from September to November 2025, and specifically regarding its focus on harm prevention within this trial.
2. Requests the Mayor writes to the Alliance for Gambling Reform outlining our support for their advocacy in relation to the electronic gaming machine precommitment trial.
3.Requests that the Mayor write to the Minister for Casino, Gambling and Liquor Regulation, seeking recognition of Councils as an important stakeholder alongside industry, and calling for Councils to be involved in all significant decision-making processes related to the trial.
4. Agrees to be a signatory to a joint letter of advocacy to the State Government with other relevant councils advocating for harm prevention to form a key part of the electronic gaming machine precommitment trial.
A vote was taken and the MOTION was CARRIED unanimously.
14.3 Notice of Motion – Councillor Cunsolo - Around the Bay in a Day EventMoved Crs Cunsolo/Halliday
That Council:-
1. Recognises the municipal significance of the Around the Bay in a Day event scheduled for 26 October 2025 and approves a 50% waiver ($6,252.50) of event fees for the Bicycle Network.
2. Acknowledges the social, reputational, and economic benefits the event brings to the municipality.
3. Requests officers to consider eligibility for fee waivers for similar events as part of the upcoming review of the Outdoor Events Policy and Fee Subsidy Guidelines in 2025–26.
A vote was taken and the MOTION was CARRIED unanimously.- Undertake a preliminary desktop review of the current policy relating to the conversion of commercial properties to residential use, and provide a report back to council on potential updates to:
Moved Crs Mears/Thomann
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 Contract Award RFT000363 - South Melbourne Market Project Connect - Principal Design Consultant
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.Reason: This report contains estimated contract sums payable to the consultant for future packages of work. The disclosure of these budgeted figures would limit Council's ability to achieve competitive pricing in the future. Additionally, the report contains information on the estimated construction value for packages of work at the market, with these estimates linked to the consultant's fee. The disclosure of this information could enable future tenderers for the building works to consider it in their submissions
A vote was taken and the MOTION was CARRIED unanimously.
The meeting closed to members of the public at 10:03 pm.
The meeting reopened to members of the public at 10:20 pm.
As there was no further business the meeting closed at 10:20 pm.
More information
To view the full agenda, upcoming or past Council meeting minutes and relevant attachments, visit our Meetings and Agendas - City of Port Phillip
Please note: The minutes of the Council meeting will be confirmed at the next meeting.