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- Council meeting catchup - 21 June 2023
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Council meeting catchup - 21 June 2023
The 21 June Council meeting was held at St Kilda Town Hall.
Council meeting agenda
Purpose
1.1 To present the Multicultural Advisory Committee 2022 Annual Report (Attachment 1)
MOVED Crs Clark/Baxter
That Council:
3.1 Receive the Multicultural Advisory Committee 2022 Annual Report
3.2 Acknowledge the work undertaken by the Committee, and formally recognise their advocacy and contribution to the City.
A vote was taken and the MOTION was CARRIED unanimously.Questions taken on notice during the debate:
Cr Cunsolo: Has legal advice been sought on whether the proposed amendment would breach the human and legal rights of people who need additional assistance because of a
mental or physical disability or illness?
Cindy Stubbs, Local Laws Review Consultant, advised that we do have a charter of human rights assessment but it is based on the current Local Law Clause 42 camping on Council land not the amended suggested clause. This assessment would need to be re-done, therefore took the question on notice.
Purpose
1.1 To update Council on the outcomes of the community engagement process in relation to the proposed Community Amenity Local Law 2023.
1.2 To propose that Council make the Community Amenity Local Law 2023, in accordance with the Local Government Act 2020.
Cr Clark moved an alternative motion:
MOVED Crs Clark/Sirakoff
That Council:
3.1 Acknowledges and thanks the community for the feedback provided through the community consultation period.
3.2 Pursuant to section 71 of the Local Government Act 2020, makes the Community Amenity Local Law 2023 (Attachment 1) to replace the Local Law No.1 (Community Amenity) 2013 and that the Community Amenity Local Law 2023 takes effect on 1 August 2023.3.3 Notes the tabling of the certificate pursuant to section 74(3) of the Local Government Act 2020 from Sherwell Harrison Munro Lawyers (Attachment 2).
3.4 Pursuant to section 71 of the Local Government Act 2020, gives notice of its decision to make Community Amenity Local Law 2023 in the Government Gazette, a local newspaper and on the City of Port Phillip’s (Council) website, stating the title, objectives and the effect of the local law, and that a copy of the local law is available for inspection at Council offices and on the Council website.
3.5 Notes that the operating document – the Procedures and Protocols Manual that accompanies the new Community Amenity Local Law 2023 has been updated.
3.6 Propose a local law to amend Clause 42
Camping on Council land as follows:
Current Clause 42 Camping on Council Land
A person must not camp on any Council land or in any public place in a vehicle, tent, caravan or any other type of temporary or provisional form of accommodation.
• A person is not guilty of an offence under sub-clause (1) where that person establishes that they:
• Are homeless or in need of secure accommodation; or
• Have complex needs or is in the need of additional assistance because of mental or physical disability or illness.
Amended Clause 42 Camping on Council Land
– A person must not camp on any Council land or in any public place in a vehicle, tent, caravan or any other type of temporary or provisional form of accommodation.
– A person is not guilty of an offence under sub-clause (1) where that person establishes they are homeless or in need of secure accommodation.
3.7 Authorises commencement of the statutory process for the making of the proposed Community Amenity (Amendment) Local Law 2023, in accordance with the community engagement policy.
3.8 Authorises the publication of a notice pursuant to section 73(3) and 73(4) of the Local Government Act 2020 by giving public notice in a local newspaper and on Council’s website of its intention to make the Community Amenity (Amendment) Local Law 2023. The notice will state the objectives and intended effect of the proposed local law, and that a copy of the proposed local law is available for inspection at Council’s office and on Council’s website, and the community engagement process that applies in respect of the making of the local law.
A vote was taken and the MOTION was LOST.
Cr Clark called for a DIVISION.
FOR: Crs Bond, Sirakoff, Clark and Cunsolo
AGAINST: Crs Baxter, Crawford, Martin, Pearl and Nyaguy
The MOTION was LOST.The Motion reverted to the officer's recommendation:
MOVED Crs Bond/Martin
That Council:
3.1 Acknowledges and thanks the community for the feedback provided through the community consultation period.
3.2 Pursuant to section 71 of the Local Government Act 2020, makes the Community Amenity Local Law 2023 (Attachment 1) to replace the Local Law No.1 (Community
Amenity) 2013 and that the Community Amenity Local Law 2023 takes effect on 1 August 2023.
3.3 Notes the tabling of the certificate pursuant to section 74(3) of the Local Government Act 2020 from Sherwell Harrison Munro Lawyers (Attachment 2).
3.4 Pursuant to section 71 of the Local Government Act 2020, gives notice of its decision to make Community Amenity Local Law 2023 in the Government Gazette, a local newspaper and on the City of Port Phillip’s (Council) website, stating the title, objectives and the effect of the local law, and that a copy of the local law is available for inspection at Council offices and on the Council website.
3.5 Notes that the operating document – the Procedures and Protocols Manual that accompanies the new Community Amenity Local Law 2023 has been updated.
A vote was taken and the MOTION was CARRIED unanimously.Purpose
1.1 To seek endorsement for the scope, principles and key changes proposed for the mid-strategy review of the Move, Connect, Live Integrated Transport Strategy 2018 – 2028.
MOVED Crs Cunsolo/Bond
That Council:
3.1 Endorses the scope, principles, and key changes proposed for the review of the Move, Connect, Live Integrated Transport Strategy 2018 -2028.
3.2 Endorses community consultation on the Review to take place in August/September 2023.
A vote was taken and the MOTION was LOST.
Cr Bond called for a DIVISION.FOR: Crs Bond, Sirakoff, Clark and Cunsolo
AGAINST: Crs Baxter, Crawford, Pearl and Nyaguy
ABSTAINED: Cr Martin
A vote was taken and the MOTION was LOST.Purpose
1.1 To report to Councillors on the progress made in relation to the request for the establishment of a South Eastern Biodiversity Network (SEBN), put forward as a Notice of Motion at the Ordinary Meeting of Council on 16 November 2022.
MOVED Crs Baxter/Martin
That Council:
3.1 Notes that Council officers are undertaking this work to respond to the Notice of Motion presented at the Ordinary Meeting of Council on 16 November 2022
3.2 Authorises Council officers to continue discussions with the existing networks to determine whether the scope of these networks could be expanded to include biodiversity and support the goals of the proposed SEBN
3.3 Notes that Council officers will undertake a more in-depth options analysis and continue to develop an understanding of the financial and resource implications to Council for the establishment of a new network.
A vote was taken and the MOTION was CARRIED.Purpose
1.1 To present the results of further community consultation on the draft St Kilda Live Music Precinct Policy 2023 -26 and key document amendments in response to feedback provided.
1.2 To recommend adoption of the St Kilda Live Music Precinct Policy 2023-26.
1.3 To seek approval to proceed with further steps to strengthen the live music precinct model, including planning study work to support a local planning scheme amendment to designate a live music precinct in the Port Phillip Planning Scheme and advocacy and collaboration with state government to streamline regulation.
MOVED Crs Bond/Pearl
That Council:
3.1 Notes the results of the broad community consultation via Have Your Say on the draft policy as presented in this Report and as Attachment Two.
3.2 Adopts the St Kilda Live Music Precinct Policy (Attachment One) and delegates to the CEO the ability to make changes that do not alter the substantive content of the document.
3.3 Formally declares the St Kilda Live Music Precinct - recognising the importance of the live music in St Kilda and safeguarding its future while balancing the needs of surrounding residents.
3.4 Authorises officers to proceed with next steps to strengthen the benefits of the precinct, including planning study work to determine the benefits of a local planning scheme amendment to designate a live music precinct in the Port Phillip Planning Scheme, and state government advocacy to streamline regulation of live music activity.
A vote was taken and the MOTION was CARRIED unanimously.Purpose
1.1 To report on the expenses incurred by Councillors during April and May 2023, in accordance with the Councillor Expenses and Support Policy.
MOVED Crs Sirakoff/Martin
That Council:
3.1 Notes that the February 2023 Councillor expenses included an incorrect figure for the ‘Councillor Allowance’ expense attributed Cr Louise Crawford (Attachment 1). This figure has been adjusted to the correct amount and will be reflected on Council’s website.3.2 Notes the monthly Councillor expenses report for April 2023 (Attachment 2) and that this will be made available on Council’s website.
3.3 Notes the monthly Councillor expenses report for May 2023 (Attachment 3) and that this will be made available on Council’s website.
A vote was taken and the MOTION was CARRIED unanimouslyItem 14.1 Notice of Motion Councillor Nyaguy – Voice to Parliament, was deferred to a future meeting.
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 January - 31 March 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 January - 31 March 2023 and the status of questions taken on notice that were previously reported as outstanding in the last quarterly status report.
MOVED Crs Sirakoff/Martin
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.Purpose
1.1 The purpose of this item is to report to Council written records of Informal Meetings of Councillors at the City of Port Phillip as required by the Governance rules.
MOVED Crs Sirakoff/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 Baxter/Nyaguy
That Council:
1. Publicly reaffirms its commitment to the inclusion of LGBTIQA+ people in our community.
2. Condemns far right terrorism and hate speech perpetuated against the LGBTIQA+ community their allies and supporters.
3. Continue to work with the LGBTIQA+ Advisory Committee, Victorian Pride Centre, Municipal Association of Victoria, Victoria Police and other key bodies on the safe delivery of LGBTIQA+ programs, community events and recognition moving forward.
4. Report back to Council on item 3 above within six months
A vote was taken and the MOTION was CARRIED.
Cr Nyaguy called for a DIVISION.
FOR: Crs Baxter, Crawford, Bond, Sirakoff, Martin, Nyaguy and Cunsolo
AGAINST: Nil
ABSTAINED Crs Pearl and Clark
The MOTION was CARRIED.
Confidential Matters
RECOMMENDATION
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 Confidential Notice of Motion - Councillor Marcus Pearl - Potential Acquisition
3(1)(a). Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released
3(1)(c). land use planning information, being information that if prematurely released is likely to encourage speculation in land values
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.
Please note: The minutes of the Council meeting will be confirmed at the next meeting.
Watch the Council meeting
More information
To view the full agenda, upcoming or past Council meeting minutes and relevant attachments, visit our 2023 meetings and agendas page.
Council meetings typically occur on the first and third Wednesday of each month. The next Council meeting will take place at St Kilda Town Hall on Wednesday 5 July at 6.30 PM.