Council meeting catchup - 4 October 2023

MOVED Crs Martin/Cunsolo

1. Thanks the petitioners for submitting their petition.

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

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 Martin/Baxter

3.1 Notes the CEO Report Issue 98 (provided as Attachment 1).

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To provide Council with information about short stay accommodation (SSA) in Port Phillip and outline options for Council regulation and management of amenity impacts caused by short stay accommodation premises.

Councillor Pearl noted an interest in this item due to using AirBnB, but remained in the chamber for consideration of the item as they did not determine the interest to be general or material.

MOVED Crs Baxter/Crawford

That Council:

3.1 Notes that the concept of short stay accommodation has evolved significantly since its inception, and that some short stay accommodation premises can cause adverse amenity impacts upon neighbouring residents when not well managed.

3.2 Thanks the petitioners for their petition to Council on 4 April 2023 seeking advocacy for a State Government response to Short Stay Accommodation.

3.3 Thanks the petitioners for their petition to Council on 6 September 2023 requesting Council utilise Clause 59 of the Local Law to address amenity concerns arising from short stay accommodation.

3.4 Implements Option 1: Utilise existing legislation and its Local Law, including Clause 59 to address amenity concerns arising from short stay accommodation.

3.5 Approves the following guidelines for inclusion into the Local Law Procedures and Protocols Manual.

“In considering whether to take enforcement action in response to a complaint about commercial premises being used for short-term or other accommodation for commercial gain, an authorised officer must consider the following guidelines:

a) The severity of the impact of the conduct complained of on the amenity of the surrounding properties, including history of complaints, number of complainants and the extent of the alleged impacts.

b) The prospects of any enforcement action succeeding, including the:

(i) Nature and reliability of the evidence available; and

(ii) Level of engagement of the complainant in any enforcement action.

c) The resources required to investigate and/or pursue enforcement action in respect of the conduct complained of.

d) Any mitigating circumstances, including factors such as the steps taken by the owner/occupier of the property to minimise the amenity impacts.

e) Whether there are other more suitable avenues to address the amenity impacts, including:

(i) Whether action has been taken by an Owners Corporation under the Owners Corporations Act 2006 (OCA) in respect of the conduct complained of, or any similar conduct; and whether it was successful; and

(ii) Other relevant legislation.

f) Any other matter with the authorised officer considers to be relevant to the particular complaint.”

3.6 Continues its advocacy to State Government for introduction of a consistent, Statewide approach to regulating Short Stay Accommodation.

3.7 Notes that Officers will brief Councillors after 12 months’ on how and when clause 59 has been applied in relation to SSA, the actions undertaken and whether its use has been effective.

A vote was taken and the MOTION was CARRIED.

Purpose

1.1 To update Councillors on the current e-scooter trial which ends 5 October 2023 and consider Council’s involvement in ongoing shared e-scooter scheme in Port Phillip.

MOVED Crs Martin/Baxter

That Council:

3.1 Notes the feedback on the trial including uptake and safety and amenity concerns raised in this report.

3.2 Request that the Mayor write to the Minister for Roads and Road Safety requesting the public release of the Victorian Government e-scooter trial evaluation.

3.3 Endorses Council’s continued participation in e-scooter schemes provided that Councils have the power to manage shared e-scooter schemes through contractual arrangements that can address safety and amenity.

3.4 Authorises the Chief Executive Officer (or their delegate) to undertake any procedures required to allow participation in a three year shared e-scooter scheme with up to two operators and (subject to agreement with Council) a maximum of 500 e-scooters including, in collaboration with other councils.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To consider and endorse the 21 Dorcas Street, South Melbourne Heritage Report and Place Citation (Trethowan Architects, 2023) as the strategic basis for modified heritage controls for 21 Dorcas Street, South Melbourne.

1.2 To determine whether to request authorisation from the Minister for Planning to prepare and exhibit an amendment to the Port Phillip Planning Scheme to apply the Heritage Overlay to 21 Dorcas Street, South Melbourne, on a permanent basis.

1.3 To determine whether to write to the Minister for Planning endorsing officer’s request for an interim heritage overlay to 21 Dorcas Street, South Melbourne.

MOVED Crs Bond/Crawford

That Council:

3.1 Endorses the 21 Dorcas Street, South Melbourne Heritage Report and Place Citation (Trethowan Architects, 2023) (Attachment 1) as the strategic basis for additional heritage controls proposed by Amendments C214port and C215port.

3.2 Endorses the officer request made to the Minister for Planning to approve Amendment C214port under Section 20(4) of the Planning and Environment Act 1987 (the Act) which applies an interim heritage overlay to 21 Dorcas Street, South Melbourne.

3.3 Authorises the Chief Executive Officer (or their delegate) to:

3.3.1 Seeks authorisation from the Minister for Planning to prepare and exhibit Amendment C215port to the Port Phillip Planning Scheme (Attachment 2), pursuant to Section 8A of the Act.

3.3.2 Place Amendment C215port on exhibition, in accordance with Section 19 of the Act 1987, subject to Ministerial authorisation.

3.3.3 Finalise the amendment documentation for authorisation and exhibition of Amendment C215port, including making minor changes that do not change its intent.

3.3.4 Write to the Minister for Planning advising of Council’s decision to commence the process for Amendment C215port and the timeframes for its progression.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To seek Council’s approval to enter into Contract for RFT000251 between City of Port Phillip and Grind Projects Pty Ltd for the design and construction of the Graham St Overpass Skatepark and Carpark.

Mayor Cunsolo advised of the following amendments to the report after original publication of the agenda:

Section 4.12: Correction to note responses to tender clarifications were received on the 26th September 2023.

Section 4.19.6: Correction to note the financial and performance assessment check was prepared by Corporate Scorecards rather than Council’s Financial Compliance Accountant

MOVED Crs Bond/Martin

That Council:

3.1 Enter into Contract for RFT000251 with Grind Projects Pty Ltd for the design and construction of the Graham St Overpass Skatepark Design and Construct.

3.2 Notes that the proposed contract value is $990,000.00 inclusive of GST ($900,000.00 excluding. GST)

3.3 Authorises the Chief Executive Officer (or their delegate) to execute the Contract Document on behalf of Council and to exercise contract variations and execute those variations as required within the approved project budget.

3.4 Notes that design documentation is expected to be completed in March 2024. Construction works are anticipated to commence in April 2024 and take 12 weeks to competition, depending on the final approved design. Practical Completion and handover to Council anticipated at the end of June 2024.

3.5 Affixes the Common Seal of the Port Phillip City Council to Contract for RFT000251 between the Council and Grind Projects Pty Ltd.

3.6 Notes that the tender process has been conducted in accordance with Sections 108 and 109 of the Local Government Act 2020 and Council’s Procurement Policy; and

3.7 Notes opportunities of collaborative procurement for this Request for Tender were not considered practicable due to the specific nature of the services and works being procured.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To propose that an environmental education centre in the St Kilda Botanical Gardens (“EcoCentre Facility”) be leased to Port Phillip EcoCentre Incorporated (“Port Phillip EcoCentre”) and to seek approval to call for public feedback on that proposal.

MOVED Crs Crawford/Baxter

3.1 Commences the statutory procedures under Section 115 of the Local Government Act 2020 (“Act”) to enter into a lease with Port Phillip EcoCentre Incorporated for the occupation of the environmental education facility at 55A Blessington Street, St Kilda, on the following terms: total term of no greater than 21 years; commencing annual rent $104 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 115(4) of the Act in relation to the lease proposed, including giving public notice on its website and carrying out community engagement.

3.3 Following the consideration of any submissions, receives a further report at a future meeting of Council.

A vote was taken and as it was a tied vote, in accordance with rule 55.1 of the Governance Rules, the Chair exercised a casting vote.

Councillor Nyaguy called for a DIVISION.

FOR: Crs Baxter, Crawford, Martin and Nyaguy.

AGAINST: Crs Bond, Clark, Cunsolo and Pearl.

Mayor Cunsolo exercised a casting vote against the motion.

The MOTION was LOST.

Councillor Martin moved the Officer’s Recommendation:

MOVED Crs Martin/Cunsolo

3.1 Commences the statutory procedures under Section 115 of the Local Government Act 2020 (“Act”) to enter into a lease with Port Phillip EcoCentre Incorporated for the occupation of the environmental education facility at 55A Blessington Street, St Kilda, on the following terms: total term of no greater than 15 years; commencing annual rent $104 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 115(4) of the Act in relation to the lease proposed, including giving public notice on its website and carrying out community engagement.

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.

Cr Baxter called for a DIVISION.

FOR: Crs Baxter, Crawford, Martin, Nyaguy and Cunsolo

AGAINST: Crs Bond, Pearl and Clark

The MOTION was CARRIED.

Purpose

1.1 To present the report of the Tender Evaluation Panel (“TEP”) for Tender 000234, Panel for the supply of mobile garbage bins, and to recommend the awarding of the contract to SULO MGB Australia Pty Ltd.

MOVED Crs Martin/Bond

That Council:

3.1 Enter into a new contract with SULO MGB Australia Pty Ltd for a total contract value of $2,011,529 including GST, over a contract term of three years with an option, solely at Council’s discretion, to extend an additional two years, for the supply of mobile garbage bins.

3.2 Notes that the contract award figure provides additional purchasing capacity beyond the forecast budget but that any use of the contract will be subject to Council’s annual budget.

3.3 Delegates authority to the Chief Executive Officer to consider and enact the extension option.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To endorse the South Melbourne Market Annual Report 2022-23.

MOVED Crs Bond/Nyaguy

That Council:

3.1 Endorses the South Melbourne Market Annual Report 2022 – 23 (Attachment 1).

3.2 Authorises the Chief Executive Officer (or their delegate) to make any minor editorial changes required to publish the Annual Report.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To present the St Kilda Esplanade Market Annual Report 2022-23.

1.2 To present the draft St Kilda Esplanade Market (SKEM) Strategic Plan 2023 – 2028 for Council’s consideration

1.3 To present the recommended panel members for the SKEM Reference Committee 2023 -2025 and updated Terms of Reference for Council’s approval.

MOVED Crs Nyaguy/Bond

That Council:

3.1 Notes and receives the St Kilda Esplanade Market Annual Report 2022- 2023 and Market budget figures as outlined in Attachment 1.

3.2 Adopts the St Kilda Esplanade Market Strategic Plan 2023 – 2028 as outlined in Attachment 2.

3.3 Approves the updated Terms of Reference for the St Kilda Esplanade Market Reference Committee as outlined in Attachment 3.

3.4 Delegates authority to the Chief Executive Officer (or their delegate) to make amendments to the Terms of Reference document to correct any minor drafting errors that do not materially alter the intent.

3.5 Appoints Committee Members to the St Kilda Esplanade Market Reference Committee as appears in confidential Attachment 5.

3.6 Makes public the list of Committee following the adoption by Council and the acceptance of the nominees.

3.7 Recognises the contribution of the outgoing members of the St Kilda Esplanade Market Reference Committee and formally thanks them for their service to the Port Phillip community.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To report on the expenses incurred by Councillors during August 2023, in accordance with the Councillor Expenses and Support Policy.

MOVED Crs Nyaguy/Martin

That Council:

3.1 Notes the monthly Councillor expenses report for August 2023 (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 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 Martin/Pearl

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 Directs the Chief Executive Officer, or their delegate, to develop a policy governing Councillor and officer contact with property developers, submitters, lobbyists, and other stakeholders in land use planning decision making processes.

2 Directs the Chief Executive Officer, or their delegate, to model the policy in point 1 on that of Greater Dandenong’s “Policy – Councillor Contact with Developers, Submitters and Lobbyists”, with the major exception being that policy must be adhered to, rather than be voluntary, for Councillors and officers.

3 Directs the Chief Executive Officer, or their delegate, present a draft policy back to Council for consideration no later than the 15 November Council meeting.

AMENDMENT

MOVED Crs Cunsolo/Pearl

To amend point 3 indicated in ‘italics’:

3 Directs the Chief Executive Officer, or their delegate, present a draft policy back to Council for consideration at a future Council meeting.

Mayor Cunsolo withdrew the AMENDMENT.

A further amendment was moved.

AMENDMENT

MOVED Crs Martin/Crawford

To amend point 3 indicated in ‘italics’:

3 Directs the Chief Executive Officer, or their delegate, present a draft policy back to Council for consideration no later than the first Council meeting in April 2024.

A vote was taken and the AMENDMENT was CARRIED.

The AMENDMENT became the SUBSTANTIVE MOTION.

That Council:

1 Directs the Chief Executive Officer, or their delegate, to develop a policy governing Councillor and officer contact with property developers, submitters, lobbyists, and other stakeholders in land use planning decision making processes.

2 Directs the Chief Executive Officer, or their delegate, to model the policy in point 1 on that of Greater Dandenong’s “Policy – Councillor Contact with Developers, Submitters and Lobbyists”, with the major exception being that policy must be adhered to, rather than be voluntary, for Councillors and officers.

3 Directs the Chief Executive Officer, or their delegate, present a draft policy back to Council for consideration no later than the first Council meeting in April 2024.

A vote was taken and as it was a tied vote, in accordance with rule 55.1 of the Governance Rules, the Chair exercised a casting vote.

Cr Baxter called for a DIVISION.

FOR: Crs Baxter, Crawford, Martin and Nyaguy

AGAINST: Crs Bond, Pearl, Clark and Cunsolo

Mayor Cunsolo exercised a casting vote against the motion.

The MOTION was LOST.

MOVED Crs Baxter/Nyaguy

That Council:

1. Authorises community consultation to occur from Thursday 5 October 2023 to Thursday 2 November 2023 on changes to its Governance Rules (as per Attachment 1) to amend the following meeting procedures:

a. Moving and voting en bloc for items is expressly prohibited

b. The names of Councillors who spoke on each motion are recorded

c. The names of Councillors who voted for and against each motion are recorded, regardless of whether a division was called

2. Notes that community engagement is required in relation to developing or amending the Governance Rules under section 60(4) of the Local Government Act 2020.

3. Notes that if feedback is received during community engagement, a second report will be brought to Council with the results of that process and any recommended changes to the Governance Rules for consideration by Council.

4. Notes that if no feedback is received via community engagement, the amended Governance rules will come into effect upon the conclusion of that process.

A vote was taken and as it was a tied vote, in accordance with rule 55.1 of the Governance Rules, the Chair exercised a casting vote.

Cr Nyaguy called for a DIVISION.

FOR: Crs Baxter, Crawford, Martin and Nyaguy

AGAINST: Crs Bond, Pearl, Clark and Cunsolo

Mayor Cunsolo exercised a casting vote against the motion.

The MOTION was LOST.

MOVED Crs Nyaguy/Crawford

That Council:

1. Supports the Uluru Statement from the Heart, including affirming a Yes position in the October 14 Referendum recognition establishing and Aboriginal and Torres Strait Islander Voice.

2. Supports clear and accurate provision of information necessary for this community’s informed decision making with regards to the Voice to Parliament referendum.

3. Reaffirms its commitment to lead reconciliation truth telling, community voice and the self-determination of First Nations people through the development of its third
Reconciliation Action Plan.

Mayor Cunsolo took the vote under DIVISION.

FOR: Crs Baxter, Crawford, Martin and Nyaguy

AGAINST: Crs Bond, Pearl and Clark

ABSTAINED Cr Cunsolo

A vote was taken and as it was considered a tied vote under rule 54.3 of the Governance Rules, in accordance with rule 55.1, the Chair exercised a casting vote.

The Mayor adjourned the meeting at 11:37pm, where advice was sought on the Governance Rules.

The Meeting resumed at 11:53pm.

Mayor Cunsolo exercised a casting vote for the motion.

The MOTION was CARRIED.

Councillor Pearl declared a conflict in this item due to close association with a former Committee member and left the chamber at 11:54pm

MOVED Crs Crawford/Martin

That Council:

1. Supports the National Theatre, St Kilda, with a one-off funding of $30,000 for an external building upgrade and lighting to improve both the safety and amenity of a key entryway to St Kilda.

A vote was taken and the MOTION was CARRIED.

Councilor Pearl returned to the chamber at 12:05am.

Councillor Clark left the chamber at 12:05am and did not return for the remainder of the meeting.

MOVED Crs Pearl/Martin

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 Palais Theatre and Luna Park Precinct Project Update

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

Reason:

Contractural negotiations regarding the procurement of services of this project are still being undertaken and finalised and the public releasing of the information in the report at this stage may negatively impair Councils ability to effectively negotiate and implement procurement arrangements.

A vote was taken and the MOTION was CARRIED.