Council meeting catchup - 20 March 2024

A Petition containing 309 signatures, was received from local residents.

MOVED Crs Crawford/Martin

That Council:

Receives and notes the Petition and provides a response to a future Council meeting.

A vote was taken and the MOTION was CARRIED unanimously.

A Petition containing 26 signatures was received from local residents.

Mayor Cunsolo noted that this petition was provided to Council outside the required deadline and therefore was not included in the main agenda. The CEO assessed the petition alongside governance advice and agreed to accept it under rule 53.8 of the Governance Rules due to the timeliness of the petition request.

Councillor Bond declared an interest in the item and remained in the chamber for consideration of the item.

MOVED Crs Bond/Crawford

That Council:

1. Receives and notes the Petition.

2. Proceeds with the issuance of an event permit for the Australian Venue Company to operate the Espy Grand Prix Street Party event from Friday 22 March to Sunday 24 March 2024 (including set up and pack down days of Thursday 21 March and Monday 25 March).

3. Monitors the event over the 5 day period and responds immediately to any breaches of permit conditions.

4. Conducts a post event debrief with the Australian Venue Company and relevant stakeholders to note any concerns that arise from the event.

5. Based on the findings of this debrief, considers whether the event be permitted again in future years.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To present the findings of the community engagement on the Inkerman Safety Improvement Project (the Project). A subsequent Council meeting will consider recommended options for proceeding with the project.

MOVED Crs Baxter/Nyaguy

That Council:

3.1 Thanks community members who provided feedback on the Inkerman Safety Improvement Project.

3.2 Notes the high level of interest from community and businesses and varied views as outlined in the Engagement Summary Report (Attachment 1).

3.3 Requests a subsequent report be tabled at an ordinary Council meeting in 2024 for Council to determine any design changes to the Inkerman Safety Improvement Project and whether to progress to detailed design and construction.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To consider release of the draft Dog Off-Leash Guideline for community consultation.

MOVED Crs Pearl/Bond

That Council:

3.1 Releases the draft Dog Off-Leash Guideline for community consultation.

3.2 Authorises the CEO, or their delegate, to make amendments to the draft Dog Off-Leash Guideline to reflect any changes through this resolution and to make minor editorial adjustments to prepare the document for consultation.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 This report provides an overview of the Victorian Government’s draft Montague Precinct Implementation Plan (MPIP), which has been released for public consultation. It seeks endorsement of a submission that sets out the City of Port Phillips response to the Draft MPIP, and the further work required for its completion.

MOVED Crs Martin/Cunsolo

That Council:

3.1 Welcomes the Victorian Government’s development of and consultation on the Draft Montague Precinct Implementation Plan.

3.2 Endorses the attached submission to the Victorian Government’s Draft Montague Precinct Implementation Plan (Attachments 1 and 2).

3.3 Authorises the CEO, or their delegate, to write to the Victorian Government, notifying them of the Council Submission and seeking:

3.3.1 Confirmation of council involvement in any updates to the Montague Precinct Implementation Plan, planning scheme amendment and associated supporting material.

3.3.2 Receipt and review of the planning controls that will form part of a planning scheme amendment that implements the Montague Precinct Implementation Plan.

3.3.3 Receipt and review of the Making Montague supporting material prior to finalisation of the Montague Precinct Implementation Plan for the upcoming planning scheme amendment.

3.3.4 Involvement in aligning the government’s infrastructure funding strategy (including development contributions plan) and Montague Precinct Implementation Plan processes and outcomes, noting that Council has made a separate submission to the Planning Scheme Amendment GC224 Fishermans Bend Development Contributions Plan process.

3.4 Authorises the CEO, or their delegate, to make minor amendments to the submission that do not materially alter the intent.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To seek endorsement of the submission in response to the State Government’s proposed Draft Planning Scheme Amendment GC224 which introduces the Fishermans Bend Urban Renewal Area Development Contributions Plan (DCP), Open Space Uplift mechanism (OSU) and associated planning scheme provisions. Chris Carroll, Chief Executive Officer declared an interest in relation to this item, and remained in the chamber during consideration of the item.

MOVED Crs Martin/Bond

That Council:

3.1 Endorses the City of Port Phillip submission to Draft Planning Scheme Amendment GC224 - Fishermans Bend Development Contributions Plan and Open Space Uplift mechanism (Attachment 1).

3.2 Notes that the submission will form the basis of the City of Port Phillip’s engagement with the Department of Transport and Planning, in the interest of resolving issues where possible prior to a Precincts Standing Advisory Committee.

3.3 Authorises the CEO, or their delegate, to make administrative changes and correct any errors, that do not materially affect the intent of the submission, prior to submission to the Department of Transport and Planning.

3.4 Authorises the CEO, or their delegate, to make adjustments to the submission and subsequent advocacy before the Precincts Standing Advisory Committee process as
necessary if further information on the draft DCP or the draft Amendment GC224 transpires through the process consistent with the thrust of Council’s endorsed submission provided Council is kept briefed on those changes.

3.5 Requests the Department of Transport and Planning to release the updated scope and cost information that has formed the basis of the draft Development Contributions Plan projects in sufficient time to enable them to be reviewed by Council and other submitters.

3.6 Requests the Mayor write to the Victorian Government seeking a commitment to the eventual funding and delivery of the Fishermans Bend Tram servicing the Sandridge and Wirraway Precincts.

3.7 Requests the CEO, or their delegate, write to the Victorian Government seeking commitments to:

3.7.1 release a comprehensive funding and finance strategy for all infrastructure classifications and categories.

3.7.2 release the updated scope and cost information that has formed the basis of all draft DCP projects in sufficient time to enable them to be reviewed by Council and other submitters.

3.7.3 development of an updated Fishermans Bend Partnership Agreement, and an infrastructure governance and implementation strategy.

3.7.4 confirmation of process, timeframes and eventual funding for the delivery of catalytic infrastructure, including the Fishermans Bend tram and Melbourne Metro 2.

3.7.5 Collaborative development and finalisation of the Montague, Sandridge and Wirraway Precinct Implementation Plans, and a commitment to the review and update of any approved DCP as part of the Precinct Implementation Plan processes.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To update Councillors on the current State Government e-scooter trial

1.2 Request further delegation to the CEO to enter into interim agreements for continuation of the shared e-scooter services whilst procurement is undertaken should the State Government determine to end the trial and legalise e-scooters.

MOVED Crs Cunsolo/Baxter

That Council:

3.1 Notes that the Mayor has written to the Minister for Roads and Road Safety and the Minister for Public and Active Transport requesting the public release of the evaluation report for the e-scooter trial.

3.2 Notes the update to the Victorian Government led e-scooter trial including legislative changes that, once proclaimed, will empower Councils to manage shared e-scooter schemes through contractual arrangements that can address safety and amenity.

3.3 Notes that the e-scooter trial is due to end on 5 April 2024 and that, at the completion of the trial on 5 April 2024 or some other date as determined by the Victorian Government, Council will commence a procurement process to determine which e-scooter providers will operate in the City of Port Phillip and under what conditions.

3.4 Authorises the Chief Executive Officer (or their delegate) to extend existing agreements with e-scooter operators until the procurement process and transition to a new shared e-scooter agreement is completed.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To consider the release of proposed updates to Rating Strategy 2022-25 for community consultation.

MOVED Crs Baxter/Pearl

That Council:

3.1 Notes that the following land types are negatively impacting the municipality due to being under-utilised, causing safety and amenity concerns and not contributing to the overall purpose and objectives of the Council Plan:

3.1.1 Derelict Land

3.1.2 Un-activated Retail Land

3.1.3 Vacant Land

3.2 Notes proposed changes to the Rating Strategy 2022-2025 to include new property classes for differential rating purposes. These new property classes and differential rates will be set as follows:

3.2.1 Derelict Land rate in the dollar to be set at 4 times (400%) of the Residential Land rate.

3.2.2 Un-activated Retail Land rate in the dollar to be set at 4 times (400%) of the Residential Land rate.

3.2.3 Vacant Land rate in the dollar to be set at 3 times (300%) of the Residential Land rate.

3.3 Releases the draft updated Rating Strategy 2022-2025 (Attachment 1) for community consultation alongside the draft budget 2024/25 between 18 April 2024 and 13 May 2024 followed by the hearing of feedback for the draft budget at the Special Council meeting on 14 May 2024.

3.4 Notes that the draft Budget 2024/25, to be considered by Council on 17 April 2024, will be informed by the proposed Rating Strategy 2022-2025.

3.5 Notes that the proposed Rating Strategy 2022-2025 may be updated alongside the draft budget to reflect any feedback from the community consultation period prior to being brought back to Council for adoption.

3.6 Notes that the updated Rating Strategy 2022-25 will be considered for adoption alongside Budget 2024/25 at the Special Council Meeting on 26 June 2024.

3.7 Authorises the CEO to make amendments to the updated Rating Strategy 2022-2025 to reflect any changes through this resolution, and to make minor editorial adjustments to the document to prepare for publication and distribution including but not limited to minor wording updates to the proposed definitions.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To consider whether the road adjoining 197 and 199 Princes Street, and 55 Station Street, Port Melbourne, known as Laneway R2243 shown shaded red on the images below (Road), should be discontinued pursuant to the Local Government Act 1989 (Act) and retained by Council.

MOVED Crs Cunsolo/Sirakoff

That Council:

Having considered that there were no submissions in response to the public notice regarding Council’s proposal to discontinue the road known as Laneway R2243 (Road):

3.1 Resolves to discontinue the Road as it considers that the Road is not reasonably required for public use for the following reasons:

3.1.1 It is enclosed on the side and rear boundaries by adjoining properties, and only accessible onto Princes Street;

3.1.2 It is only open to the general public for pedestrian access to the rear of the adjoining property at 55 Station Street, Port Melbourne;

3.1.3 It is not open to the general public for vehicular access; and

3.1.4 It does not form part of a thoroughfare for pedestrian or vehicular traffic to any other public road;

3.2 Resolves to retain and restrict access to the discontinued Road, entering into a Section 173 Agreement with the adjoining land owners;

3.3 Authorises the Chief Executive Officer, or their delegate to negotiate, approve, and enter into such documentation to complete the discontinuance, retention, and restriction of public access of the Road as described;

3.4 Directs that any easements, rights or interests required to be created or saved over the Road by any public authority be done so and not be affected by the discontinuance and restriction of public access; and

3.5 Directs that a notice pursuant to clause 3 of Schedule 10 of the Local Government Act 1989 is published in the Victorian Government Gazette.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To approve the new appointments as an Authorised Officer pursuant to the Planning and Environment Act 1987.

MOVED Crs Martin/Cunsolo

That Council:

3.1 Approves the Instruments of Appointment and Authorisation at Attachment 1 Attachment 2 and Attachment 3.

3.2 Affixes the common seal of Council to the Instrument of Appointments.

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/Martin

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.

Moved Crs Clark/Sirakoff

That Council:

1. Directs the CEO to prepare the 2024/25 budget with reduced spending by 1.6 percent across service areas to achieve a $3.6 million efficiency in spending, to ensure there is no increase in rates next financial year, without compromising the quality or availability of services.

2. Notes the $3.6 million in reduced spending is on top of the $1.8 million in efficiency savings already incorporated in Council’s 10 Year Financial Outlook 2023-2024.

3. Acknowledges that the CEO and his officers are best placed to identify efficiencies and provide Councillors with the reductions.

AMENDMENT:

MOVED Cr Bond

4. That any reduction in spending in the 24/25 Budget of $3.6 mil, and subsequent rates freeze, be subject to Cr Clark securing agreement of 5 or more Councillors at a future Council meeting for any proposed spending or expenditure reductions before the revised budget is prepared by officers.

The Mayor adjourned the meeting at 9:50pm.

The Meeting resumed at 10:00pm.

Xavier Smerdon, Head of Governance, advised that as per Governance Rule 26.3, the amendment was substantially contrary to the motion and therefore must be considered an
alternative motion. As the Governance Rules do not allow for alternative Notices of Motion, the amendment was disallowed.

The SUBSTANTIVE MOTION was PUT.

A vote was taken and the MOTION was LOST.

Cr Clark called for a DIVISION.

FOR: Crs Sirakoff, Pearl and Clark

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

The MOTION was LOST.

MOVED Crs Martin/Nyaguy

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 Independent Waste Review

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

3(1)(e) legal privileged information, being information to which legal professional privilege or client legal privilege applies

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 will consider commercially and legally sensitive information that could impact Council’s ability to manage an ongoing contract. Council will consider what information is to be released publicly at the 20 March 2024 Council Meeting.

A vote was taken and the MOTION was CARRIED.