Council meeting catchup - 2 August 2023

Council meeting agenda

• 7.1 Joint Letter - Requesting Installation of a Gate to restrict Public Access to Lane

  A Joint Letter containing Six signatures, was received from local residents.
  
  The following question was taken on notice during discussion of the item:
  
  Councillor Baxter: Are there other examples where this sort of treatment has occurred before and, if so, does that effect things like adverse possession?
  
  Lachlan Johnson General Manager, Operations and Infrastructure, advised that currently the access to the laneway is governed under the Road Management Act. It is not possible for Council to install a gate and restrict access under the Road Management Act. There has been some correspondence about the purchase of the public road, discontinuing the road, closing the road, having it become free hold land and then being sold. Council officers are going to consider alternatives that potentially achieve the same outcome in the next few weeks and bring a response to this Joint Letter back to Council for consideration. Council officers will look at other options that would potentially be available to the submitters. With regards to other circumstances across the City where similar issues have arisen, the question was taken on notice.
  
  Councillor Baxter followed up, if the road was discontinued, could Council then consider installing a gate?
  
  Lachlan Johnson General Manager, Operations and Infrastructure advised that roads need to have free access so a gate could not be installed. If the road is discontinued it is no longer a road so therefore other access controls could be looked at.
  
  MOVED Crs Crawford/Martin
  
  That Council:
  
  1. Receives and notes the Joint Letter and provides a response to a future Council meeting.
  
  A vote was taken and the MOTION was CARRIED unanimously.

• 10.1 Community Safety Plan and Public Place CCTV Cameras and Policy Report

  Purpose
  
  1.1. To seek Council endorsement of the Community Safety Plan (Version 1.1) with a review date of November 2025; and subsequent development of a new Action Plan to support.
  
  1.2. To seek Council endorsement of the Public Place Closed Circuit Television (CCTV) Policy (Version 1.1) with a review date of November 2025.
  
  1.3. To seek Council endorsement within the Public Place Closed Circuit Television (CCTV) Policy (Version1.1) for the ability of Council to directly fund renewal and upgrade of CCTV systems in public places in the absence of funding from other sources.
  
  MOVED Crs Cunsolo/Bond
  
  That Council:
  
  3.1. Endorse Community Safety Plan (Version 1.1) with a review date of November 2025.
  
  3.2. Endorse Public Place Closed Circuit Television (CCTV) Policy (Version1.1) with a review date of November 2025 including capacity for Council to fund renewal and upgrade of existing CCTV systems in public places; through appropriate approval processes.
  
  3.3. Authorises the CEO (or their delegate) to make minor editorial amendments to the Community Safety Plan (Version 1.1) and the Public Place Closed Circuit Television (CCTV) Policy (Version1.1), that do not materially alter their intent.
  
  A vote was taken and the MOTION was CARRIED unanimously.

• 10.2 Options for regulation and management of short stay accommodation

  Purpose
  
  1.1 To provide Council with a background on Short Stay Accommodation in Port Phillip and options for regulation and management of amenity and other impacts.
  
  MOVED Crs Bond/Crawford
  
  That Council:
  
  3.1 Endorses maintaining existing controls, by continuing to utilise State legislation to address amenity concerns with Short Stay Accommodation.
  
  3.2 Continues advocacy to State Government for introduction of a consistent, State-wide approach to regulate Short Stay Accommodation.
  
  3.3 Notes the petition presented to Council on 4 April 2023 seeking advocacy for a State Government response to Short Stay Accommodation.

  3.4 Writes to the petitioner, thanking them for their petition and advises them of the outcome of the meeting.
  
  The vote on this motion was NOT taken.
  
  In accordance with section 42 of the Governance Rules Councillor Martin moved the following procedural motion:
  
  MOVED Crs Martin/Cunsolo
  
  That this matter be adjourned to the Council Meeting to be held at 6:30pm on 4 October 2023.
  
  A vote was taken and the MOTION was CARRIED.

• 13.1 Electoral Representation Review - Response to the Electoral Representation Advisory Panel Preliminary Report

  Purpose
  
  1.1 For Council to consider the response submission to the Electoral Representation Advisory Panel’s (ERAP) Port Phillip City Council electoral structure review - preliminary report (Attachment 2) to the 2023 Electoral Representation review of the Port Phillip City Council (Attachment 1).
  
  MOVED Crs Martin/Sirakoff
  
  That Council:
  
  3.1 Agrees to provide a response submission to the Electoral Representation Advisory Panel’s Port Phillip City Council electoral structure review - preliminary report (Attachment 2).
  
  3.2 Authorises the CEO, or their delegate, to make appropriate amendments to the submission (Attachment 1) in consultation with the Mayor that do not materially alter the overall intent.
  
  3.3 Endorses the Mayor to sign the draft response submission (Attachment 1) on behalf of Council.
  
  A vote was taken and the MOTION was CARRIED.

• 13.2 Municipal Association of Victoria State Council - October 2023 - Submissions

  Purpose
  
  1.1 To seek Council’s ratification of submission of motions for consideration at the Municipal Association of Victoria (MAV) State Council Meeting.
  
  MOVED Crs Martin/Cunsolo
  
  That Council:
  
  3.1 Submits the following motions for consideration at the MAV State Council Meeting on 13 October 2023:
  
  3.1.1 That the MAV:
  
  a) Leads a coordinated approach to development of a regulatory and compliance framework and technology to support Victorian councils to effectively respond to their extensive and diverse legislative compliance requirements in an efficient manner.
  
  b) Considers previous examples, such as Queensland, in the development of such a framework.
  
  3.1.2 That the MAV:
  
  a) Notes that open space is critical to ensure liveable, healthy and thriving communities and notes ongoing concerns regarding the failure to provide open space in developing areas like Fishermans Bend;
  
  b) Advocates that the State Government prioritise delivery of open space, including by working with Councils to develop and deliver open space strategies.
  
  A vote was taken and the MOTION was CARRIED unanimously.

• 13.3 Status of Council Decisions and Questions Taken on Notice recorded by Council: 1 April - 30 June 2023

  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 April – 30 June 2023 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 April – 30 June 2023 and the status of questions taken on notice that were previously reported as outstanding in the last quarterly status report.
  
  MOVED Crs Martin/Crawford
  
  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.

• 13.4 Councillor Expenses Monthly Reporting - June 2023

  Purpose
  
  1.1 To report on the expenses incurred by Councillors during June 2023, in accordance with the Councillor Expenses and Support Policy.
  
  MOVED Crs Martin/Crawford
  
  That Council:
  
  3.1 Notes the monthly Councillor expenses report for June 2023 (attachment 1) and that this will be made available on Council’s website.
  
  A vote was taken and the MOTION was CARRIED unanimously.

• 13.5 Updates to the S5 Instrument of Delegation - Council to the Chief Executive Officer

  Purpose
  
  1.1 To recommend to Council that an updated S5 Instrument of Delegation (delegation) be issued to the Chief Executive Officer.
  
  MOVED Crs Martin/Crawford

  That Council:
  
  3.1 Approves an update to the Chief Executive Officer’s S5 Instrument of Delegation to allow for making expenditure that exceeds $1m (including GST), unless it is expenditure made under a contract already entered into, or is expenditure which Council is, by or under legislation, required to make (such as WorkCover and fire services property levy) in which case it must not exceed $2m (including GST)
  
  3.2 Approves an update to the Chief Executive Officer’s S5 Instrument of Delegation to allow for the purchase of compulsory insurance such as Public Liability/Professional Indemnity and Asset insurance renewals in which case it must not exceed $2m (including GST)
  
  3.3 Delegates to the person holding the position, acting in or performing the duties of Chief Executive Officer the powers, duties and functions set out in the Instrument of Delegation to the Chief Executive Officer (Attachment 1), subject to the conditions and limitations specified in that Instrument.
  
  3.4 Affixes the common seal of Council to the Instrument of Delegation to the Chief Executive Officer.
  
  3.5 Notes that this Instrument of Delegation to the Chief Executive Officer comes into force immediately when the common seal of Council is affixed to the Instrument.
  
  3.6 Revokes the current Instrument of Delegation to the Chief Executive Officer dated 20 October 2021 upon the coming into force of the Instrument. (Attachment 1)
  
  3.7 Notes that the duties and functions set out in the instrument must be performed, and the powers set out in the instrument must be executed, in accordance with any policies of Council that it may from time to time adopt.
  
  3.8 Authorises the CEO or delegate to update table four of the Procurement Policy to align with the S5 Instrument of Delegation. (Attachment 3)
  
  A vote was taken and the MOTION was CARRIED unanimously.

• 14.1 Notice of Motion Mayor Heather Cunsolo – Provision of Parking Permits to Southbank Police Station

  MOVED Crs Cunsolo/Crawford
  
  That Council:
  
  1. Provide 30 annual parking permits for Southbank Police Station staff, at a cost aligned with the cost of a Visitor Parking Permit per year, until the current Parking Management Policy ends in 2028.
  
  A vote was taken and the MOTION was CARRIED.