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- Council meeting catchup - 17 April 2024
- Council meeting recap
Council meeting catchup - 17 April 2024
The 17 April Council Meeting was held at St Kilda Town Hall.
Items actioned:
- Councillors endorsed a draft Council Plan and Budget (Year 4) for community consultation.
- Councillors received a petition in relation to the Inkerman Street Safety Improvement Project.
- Councillors endorsed the draft Footpath Trading Guidelines for community consultation.
Council meeting agenda
A Petition containing 1,306 signatures was received from Canal ward, Inkerman Street residents and visitors, Inkerman Street business owners, their staff and clients.
Moved Crs Bond/SirakoffThat Council:
1. Receives and notes the Petition.
2. Thanks the petitioners for their Petition.
3. Notes that a report on the Inkerman Safety Improvement Project will be considered by Council at an upcoming Council meeting to determine how to proceed with the project, and that the petition will be noted within that report.
A vote was taken and the MOTION was CARRIED.Purpose
1.1 To provide Council with a regular update from the Chief Executive Officer regarding Council’s activities and performance.
MOVED Crs Martin/Cunsolo
That Council:
3.1 Notes the CEO Report – Issue 105 (provided as Attachment 1).
3.2 Notes an amendment to the CEO Report – Issue 104 (provided as Attachment 2)
3.3 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.Purpose
1.1 To provide a Council position on a request for a Planning Scheme Amendment, C217port, made to the Minister for Planning for land at 592-598 City Road, South Melbourne, which proposes to apply a Specific Controls Overlay that would facilitate the demolition of the existing building and construction of a six-storey building for use as a residential hotel and café.
MOVED Crs Martin/Pearl
RECOMMENDATION – PART A
3.1 That Council advises the Minister for Planning (C/- the Department of Transport and Planning) that Council does not support the Planning Scheme Amendment in relation to:
• Articulation and extent of Architectural features cantilevering over Council’s laneway.
• Solar access to hotel rooms along the eastern boundary, size and number of light wells.
• The floor-to-floor heights of Levels 1-6 do not achieve the preferred adaptable heights.
• The failure to demonstrate how water runoff from the subject site onto the abutting laneway to the west and north will be managed.
• The tandem configuration of the car parking facilities without the support of Parking Management Plan.
• The reliance on waste collection to be conducted off site from Boundary Street.
• The failure of the loading bay to accommodate access by a Small Rigid Vehicle and meet the requirements of AS2890.2.
• The minimal width of the loading bay and resulting impacts on ability of Small Rigid Vehicle to exit the laneway in a forward direction.
• The loading bay garage door failing to demonstrate the minimum the minimum headroom clearance for a Small Rigid Vehicle of 3.5 metres.
• The motorcycle parking infringing on the loading bay area.
• The utilisation of the no standing zone on City Road for pickup and drop offs without clear signage and consent from the relevant authority.
And for the reasons set out in Sections 9 and 12 of this report.
All other aspects of the proposal including traffic, sustainable design and waste management are acceptable subject to receipt of more detailed information which will likely result in minor changes to the proposal. These design and operational concerns could be addressed by conditions of any Incorporated Document.
RECOMMENDATION – PART B
3.1.1 That the Council authorises the Manager City Development to instruct Council’s Statutory Planners, planning advocate and/or solicitors on:
• Any future amendments to the application
• Any VCAT application for review for the matter; and/or
• Any independent advisory committee appointed by the Minister for Planning to consider the application.
A vote was taken and the MOTION was CARRIED unanimously.Purpose
1.1 To seek Council approval for the release of the draft Footpath Trading Guidelines 2024 for community consultation.
MOVED Crs Bond/Pearl
That Council:
3.1 Approves the release of the draft Footpath Trading Guidelines 2024 for community consultation.
3.2 Approves the CEO, or their delegate, to make minor amendments that do not affect the intent or substance of these guidelines.
A vote was taken and the MOTION was CARRIED unanimously.Lauren Bialkower, Executive Manager City Growth and Culture noted when drafting the Proposed Fitzroy Street Village Rate and Charge Declaration Reports, an officer error led the Net ‘Annual’ Value, being incorrectly referred to as Net ‘Asset’ Value. Specifically, in section 4.8 of each report and the second paragraph of the declaration attachment to the report. This error does not substantially change the contents or intention of the report, or councils’ ability to vote on the recommendation, however it was noted for transparency.
Purpose
1.1 To determine whether Council supports the declaration of the Fitzroy Street Special Rate and Charge (Special Rate) for 2024 – 2029 period.
MOVED Crs Bond/Sirakoff
That Council:
3.1 Having considered all submissions received and taken account of all objections lodged and complied with the requirements of sections 163, 163A, 163B and 223 of the Local Government Act 1989 (Act), and otherwise according to law, hereby declares the Fitzroy Street Special Rate and Charge under section 163(1) of the Act for the sole purpose of marketing, promotion, business development of the Fitzroy Street Business Precinct as detailed in the attached draft Declaration of Special Rate and Charge (Attachment 1).
3.2 Authorises the Fitzroy Street Business Association (Association) to administer the proceeds of the Special Rate on the express condition that the Association enters into a funding agreement with Council for the period of the Special Rate and Charge.
3.3 Authorises Council’s CEO, or delegate, for the purposes of paragraph 3.2 of this resolution, to prepare the funding agreement between Council and the Association by which administrative arrangements in relation to the Special Rate and Charge are confirmed, such agreement being to ensure that at all times, and as a precondition to the payment of any funds by Council to the Association, Council is, and remains legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Rate and Charge in accordance with its obligations under the Act to do so, and such funding agreement to be submitted to Council for signing.
3.4 Gives notice to all owners and occupiers of properties included in the Special Rate and Charge and all persons who have lodged a submission and/or objection of the decision of Council to declare and levy the Special Rate and Charge commencing on 1 July 2024, and the reasons for the decision.
3.4.1 For the purposes of paragraph 3.4 of this resolution, the reasons for the decision of Council to declare the Special Rate and Charge are that:
1. there were 5.94 percent valid objections to the Special Rate and Charge, and it is otherwise considered that there is a broad level of support for the Special Rate and Charge from all property owners and occupiers;
2. Council considers that it is acting in accordance with the functions and powers conferred on it under the Act, having regard to its role, purpose and objectives under the Act, particularly in relation to the encouragement of commerce, retail activity and employment opportunities in and around the Special Rate and Charge area;
3. all persons who are liable or required to pay the Special Rate and Charge and the properties respectively owned or occupied by them will receive a special benefit in the form of an enhancement or maintenance in land values and /or a maintenance or enhancement in the use, occupation and enjoyment of the properties; and
4. the basis of distribution of the Special Rate and Charge amongst those persons who are liable or required to pay the Special Rate and Charge is considered to be fair and reasonable.
3.5 Advises the Association of the matters specified in paragraphs 3.1, 3.2 and 3.3 of this resolution.
3.6 Notes the properties that are included in the Special Rate and Charge area will be subject to general re-valuations and supplementary valuations on the same cycle as the City of Port Phillip general rates and charges.
A vote was taken and the MOTION was CARRIED unanimously.Purpose
1.1 To determine whether Council supports the declaration of the Acland Street Village Special Rate and Charge (Special Rate) for 2024 – 2029 period.
Lauren Bialkower, Executive Manager City Growth and Culture noted when drafting the Proposed Acland Street Village Rate and Charge Declaration Reports, an officer error led the Net ‘Annual’ Value, being incorrectly referred to as Net ‘Asset’ Value. Specifically, in section 4.8 of each report and the second paragraph of the declaration attachment to the report. This error does not substantially change the contents or intention of the report, or councils’ ability to vote on the recommendation, however it was noted for transparency.
MOVED Crs Crawford/Baxter
That Council:
3.1 Having considered all submissions received and taken account of all objections lodged and complied with the requirements of sections 163, 163A, 163B and 223 of the Local Government Act 1989 (Act), and otherwise according to law, hereby declares the Acland Street Village Special Rate and Charge under section 163(1) of the Act for the sole purpose of marketing, promotion, business development of the Acland Street Village Business Precinct as detailed in the attached draft Declaration of Special Rate and Charge (Attachment 1).
3.2 Authorises the Acland Street Village Business Association (Association) to administer the proceeds of the Special Rate on the express condition that the Association enters into a funding agreement with Council for the period of the Special Rate and Charge.
3.3 Authorises the CEO, or their delegate, for the purposes of paragraph 3.2 of this resolution, to prepare the funding agreement between Council and the Association by which administrative arrangements in relation to the Special Rate and Charge are confirmed, such agreement being to ensure that at all times, and as a precondition to the payment of any funds by Council to the Association, Council is, and remains legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Rate and Charge in accordance with its obligations under the Act to do so, and such funding agreement to be submitted to Council for signing.
3.4 Gives notice to all owners and occupiers of properties included in the Special Rate and Charge and all persons who have lodged a submission and/or objection of the decision of Council to declare and levy the Special Rate and Charge commencing on 1 July 2024, and the reasons for the decision.
3.4.1 For the purposes of paragraph 3.4 of this resolution, the reasons for the decision of Council to declare the Special Rate and Charge are that:
1. there were 5.74 percent valid objections to the Special Rate and Charge, and it is otherwise considered that there is a broad level of support for the Special Rate and Charge from all property owners and occupiers;
2. Council considers that it is acting in accordance with the functions and powers conferred on it under the Act, having regard to its role, purpose and objectives under the Act, particularly in relation to the encouragement of commerce, retail activity and employment opportunities in and around the Special Rate and Charge area;
3. all persons who are liable or required to pay the Special Rate and Charge and the properties respectively owned or occupied by them will receive a special benefit in the form of an enhancement or maintenance in land values and /or a maintenance or enhancement in the use, occupation and enjoyment of the properties; and
4. the basis of distribution of the Special Rate and Charge amongst those persons who are liable or required to pay the Special Rate and Charge is considered to be fair and reasonable.3.5 Advises the Association of the matters specified in paragraphs 3.1, 3.2 and 3.3 of this resolution.
3.6 Notes the properties that are included in the Special Rate and Charge area will be subject to general re-valuations and supplementary valuations on the same cycle as the City of Port Phillip general rates and charges.
A vote was taken and the MOTION was CARRIED unanimously.Purpose
1.1 To consider release of the draft Council Plan 2021-31 updated for year four and the draft Budget 2024/25 for community consultation.The following question was taken on notice during discussion of the item:
Councillor Bond: Did any other Council in Victoria receive more interest rate revenue than the City of Port Phillip last year?
Chris Carroll, Chief Executive officer took the question on notice.
Mayor Cunsolo advised that Parts 1 & 2 of the motion would be considered together:
MOVED Crs Martin/Bond
That Council:
PART 1
3.1 Notes that the draft Budget 2024/25 has been informed by the Don’t Waste It! Waste Management Strategy 2022-25 and the updated Rating Strategy 2022-2025 (as endorsed for release for community consultation on 20 March 2024).
3.2 Notes that the draft Budget 2024/25 has been prepared in recognition of the cost-of-living pressures the community is facing. That increases to rates and charges have been minimised despite Council operating in a high inflation environment and continuing with targeted support to the community, and includes:
3.2.1 An increase of 2.75 per cent to the average general rate, which is equivalent to the rates cap set by the Victorian Government, and lower than forecast inflation.
3.2.2 Provisional rate in the dollar calculations (and in the Attachments to this report) based on preliminary valuations data which may change based on the final valuations. In the event of any change, the updated figures will be included in the Council resolution for the adoption of Budget 2024/25 on 26 June 2024.
a) Residential rate in the dollar 0.001720
b) Commercial rate in the dollar 0.002053
c) Industrial rate in the dollar 0.002032
d) Derelict land rate in the dollar 0.006880
e) Unactivated land rate in the dollar 0.006880
f) Vacant land rate in the dollar 0.005160
3.2.3 An increase in the Default Waste Charge of 2.72 per cent from $198.80 to $203.60 which is lower than inflation and the rates cap
3.2.4 Continuing targeted support to the community through:
a) One-off rate waivers up to a maximum of $750 on application up to 50 per cent of general rates and charges to the Chief Financial Officer in cases of extreme financial hardship.
b) Increasing the Council-funded pensioner rates rebate by 4.8 per cent to $220 in 2024/25 – the City of Port Phillip is one of the few councils that offers this scheme in addition to the State Government rebate.
c) Additional $40,000 funding for greater food support within the municipality. This is to respond to the greater demand for food relief to enable the purchase of additional food.
3.3 Notes Council’s Financial Hardship Policy (Attachment 4) has been updated to comply with relevant guidelines with the following key changes are:
3.3.1 Eligibility for a waiver of rates and charges available to residential ratepayers who are experiencing severe financial hardship. Noting that commercial and industrial ratepayers are best supported by Council’s economic development and tourism programs.
3.3.2 Inclusion of an appeals process.
PART 2
3.4 Notes that the draft Budget 2024/25 includes:
3.4.1 Fees and charges generally increasing by 3.65 per cent unless it makes sense to vary, and to provide support to those who need it most.
3.4.2 Statutory fees set by the Victorian Government will be updated prior to the final adoption of the budget based on the gazetting of 2024/25 penalty rates and units.
3.4.3 Ongoing efficiency savings of $1.5 million in Budget 2024/25 with a commitment to look for more during the financial year.
3.4.4 No debt, aside from some finance lease liabilities will remain as part of our financing strategy.
3.4.5 Cash reserves for operational needs including staff leave and contingency of $16.3 million.
3.4.6 Capital investment of $115.9 million to maintain, grow and improve services and assets including $44.9 million of land acquisition for public space facilities.3.4.7 Intention to lease seven properties as required by section 115 of the Act as outlined in this report.
A vote was taken and the MOTION was CARRIED unanimously.
PART 3
MOVED Crs Crawford/Martin
Cr Nyaguy moved an Amendment during the debate to add a new 3.6 and 3.7 to Part 3 of the motion. The vote on the amendment was taken in sequential order.
Mayor Cunsolo advised that all votes within Part 3 would be taken under division.
3.5 Notes that the draft Budget 2024/25 includes the following items:
3.5.1 An additional $90,000 for specialist technical support and proactive maintenance measures to improve the health of existing palms and trials in available treatments for Fusarium Wilt disease.
FOR: Crs Clark, Crawford, Martin, Cunsolo, Baxter, Bond, Pearl, Sirakoff, Nyaguy
AGAINST: Nil
The MOTION was CARRIED unanimously.
3.5.2 An increase of $250,000 for the St Kilda Festival due to cost of operating the festival increasing significantly above inflation.
FOR: Crs Crawford, Martin, Baxter, Bond, Pearl, Nyaguy
AGAINST: Crs Clark, Sirakoff, Cunsolo
The MOTION was CARRIED.
3.5.3 An increase of $51,000 to the annual funding provided to the Eco-Centre to fund above inflation cost pressures.
FOR: Crawford, Baxter, Martin, Cunsolo, Nyaguy
AGAINST: Pearl, Bond, Clark, Sirakoff
The MOTION was CARRIED.
3.5.4 Annual funding of $68,000 for an 18-month trial period to facilitate the Eco-Centre to operate on both Saturday and Sunday.
FOR: Crawford, Martin, Cunsolo, Baxter, Nyaguy
AGAINST: Pearl, Bond, Clark, Sirakoff
The MOTION was CARRIED.
3.5.5 A provision for Closed-Circuit Television (CCTV) renewal and upgrade as part of the capital portfolio due to the aging infrastructure over the next two financial years noting that attempts for external funding have so far been unsuccessful.
For – Clark, Crawford, Martin, Cunsolo, Pearl, Sirakoff, Bond
Against - Nyaguy, BaxterThe MOTION was CARRIED.
3.5.6 An increase in long day care fees of $10.00 per day from $147.00 to $157.00 representing a 6.80 per cent increase. This increase is reflective of significant cost pressures in Council running a long day service and is supported by industry benchmarking.
The vote was taken under DIVISION.
FOR: Bond, Pearl, Clark, Sirakoff, Cunsolo
AGAINST: Crawford, Martin, Baxter, Nyaguy
The MOTION was CARRIED.
AMENDMENT
That the following items be added as items 3.6 and 3.7 of the motion.
MOVED Crs Nyaguy/Baxter
3.6 Approves an additional $250,000 in one-off funding, open to organisations that support private market renters in Port Phillip, in recognition of the high levels of distress being caused by the current cost of living crisis. Authorises the CEO, or their delegate, to develop the funding criteria, including determining appropriate organisations to deliver the rent relief funding on its behalf.
FOR: Crawford, Baxter, Martin, Nyaguy
AGAINST: Clark, Bond, Cunsolo, Sirakoff, Pearl
A vote was taken and the AMENDMENT was LOST.
3.7 Notes that the In Our Back Yard (IOBY) Strategy includes an annual budget commitment of $500,000, which is due to end in 2024/25. Notes that this program has supported affordable and social housing in Port Phillip and is therefore important to allocate provisional funding in the 10-Year Financial Plan.
3.7.1 Approve a commitment of $1million per annum for 10 years commencing from 2025/26 subject to Councils future renewal and endorsement of the In Our Back Yard Strategy.
FOR: Crawford, Baxter, Martin, Nyaguy
AGAINST: Clark, Bond, Cunsolo, Sirakoff, Pearl
A vote was taken and the AMENDMENT was LOST.
Mayor Cunsolo advised that Parts 4 & 5 of the motion would be considered together:
MOVED Crs Martin/Bond
PART 4
3.6 Notes that the draft Budget 2024/25 results in a cumulative cash surplus of $0.68 million providing additional contingency for financial risks including the projected impact of inflation.PART 5
3.7 Approves the release of the Council Plan 2021-31 updated for year four, inclusive of the Community Vision, Municipal Health and Wellbeing Plan, draft (10-year) Financial Plan, draft Revenue and Rating Plan, and the draft Budget 2024/25, amended to reflect any changes made through resolutions at this meeting, for community consultation (Attachments 1, 2 and 3).
3.8 Receives and hears feedback and submissions at the Special Council Meeting on 14 May 2024, commencing 6.30 pm at the St Kilda Town Hall, prior to considering adoption of the amended Council Plan 2021-31, including Budget 2024/25 at the Special Council Meeting on 26 June 2024 commencing 6.30 pm at the St Kilda Town Hall.
3.9 Authorises the CEO to make amendments to the draft amended Council Plan 2021-2031 (Attachments 1, 2 and 3) including the draft Budget 2024/25 to reflect any changes through resolutions at this meeting, and to make minor editorial adjustments and corrections to the document to prepare for publication and distribution.
3.10 Authorises the CEO to continue to provide Council projects and services within the parameters of the adopted Council Plan and Budget 2021-31 and any decisions of Council that have updated this and to authorise the CEO to incur planning, design and community consultation expenditure on new projects proposed in the draft Budget 2024/25.
A vote was taken and the MOTION was CARRIED unanimously.Purpose
1.1 To seek Council’s approval to:
1.1.1 Remove a segment of Johnson Street between Normanby Road and Munro Street, South Melbourne, shown shaded red on the image below (Road), from Council’s Register of Public Roads pursuant to section 17(4) of the Road Management Act 2004 (Vic) (RMA); and
1.1.2 Commence the statutory procedures pursuant to the Local Government Act 1989 (Vic) (Act) to consider discontinuing the Road. If the Road is subsequently discontinued, it will be retained by Council for public open space.
MOVED Crs Martin/Nyaguy
That Council:
3.1 Acting under section 17(4) of the Road Management Act 2004 (Vic), resolves that a segment of Johnson Street between Normanby Road and Munro Street, South Melbourne (Road), 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 the report;Acting under clause 3 of Schedule 10 of the Local Government Act 1989 (Vic) (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 of the Road be given in The Age newspaper;
3.2.3 Resolves that the public notice required to be given under sections 207A and 223 of the Act should state that if the Road is discontinued, Council proposes to retain the land in the Road for 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 present a minor change to the Procurement Policy (Policy) for Council’s consideration and adoption.
MOVED Crs Martin/Sirakoff
That Council:
3.1 Adopts the updated changes to the Procurement Policy.
3.2 Authorise the Chief Executive Officer (or delegate) to finalise and make minor changes that do not materially alter the Procurement Policy.
A vote was taken and the MOTION was CARRIED unanimously.Purpose
1.1 To report on the expenses incurred by Councillors during February and March 2024, in accordance with the Councillor Expenses and Support Policy.
MOVED Crs Sirakoff/Crawford
That Council:
3.1 Notes the monthly Councillor expenses report for February 2024 (attachment 1) and that this will be made available on Council’s website.3.2 Notes the monthly Councillor expenses report for March 2024 (attachment 2) 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 report to Council the written records of Informal Meetings of Councillors at the City of Port Phillip as required by the Governance Rules.
MOVED Crs Crawford/Bond
That Council
2.1 Receives and notes the written records of Informal Meetings of Council (attached) as required by the Governance Rules.
A vote was taken and the MOTION was CARRIED unanimously.The following question was taken on notice during discussion of the amendment:
Councillor Nyaguy: Were these options considered as part of the process up to this point. Why was there no suggestion for changing the direction Cruikshank Street? Was it considered and why didn’t any further option come to Councillors?
Thomas Mason, Coordinator Transport Safety, took the question on notice.
Moved Crs Pearl/Martin
That Council:
1. Notes the decision of Council regarding the intersection of Pickles, Bridge and Glover Streets made on 21 February 2024
2. Notes that the intersection of Pickles Street at Bridge Street and Glover Street is identified as a Road Safety Black Spot.
3. Endorses making the trial median closure at the intersection of Pickles Street at Bridge Street and Glover Street permanent.
4. Request officers to communicate this decision to local residents.
AMENDMENT
Moved Crs Cunsolo/Sirakoff
5. Notes concerns about the safety and amenity at the intersection of Pickles, Bridge and Glover Streets and requests officers to investigate options for the direction of travel for Cruikshank Street as a way to improve safety and amenity in the area and provide a report back to Council.
A vote was taken and the AMENDMENT was LOST.
Councillor Cunsolo called for a DIVISION.
FOR: Cr Cunsolo
AGAINST: Crs Baxter, Crawford, Bond, Sirakoff, Martin, Pearl, Clark and Nyaguy
The AMENDMENT was LOST.
The SUBSTANTIVE MOTION was PUT.
A vote was taken and the SUBSTANTIVE MOTION was CARRIED.
Cr Pearl called for a DIVISION.
FOR: Crs Baxter, Crawford, Bond, Sirakoff, Martin, Pearl, Clark and Nyaguy
AGAINST: Cr Cunsolo
A vote was taken and the SUBSTANTIVE MOTION was CARRIED.
Please note: The minutes of the Council meeting will be confirmed at the next meeting.
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