Council meeting catchup - 6 September 2023

A Petition containing 107 signatures was received via change.org.

MOVED Crs Martin/Bond

That Council:

Receives and notes the Petition and provides a response to the 4 October 2023 Council meeting as part of the officers’ report into Short-Stay Accommodation.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 For Council to note the work done to date on the assessment of feasibility for a new live music/performance venue on the Triangle.

1.2 To request authorisation to seek feedback from the community and key stakeholders on the St Kilda Triangle Design Feasibility for a Live Music and Performance Venue, and particularly the indicative site layout (design option 2) as shown in Attachment 2, which operates as a ‘proof of concept’ for a live music/performance venue, considerable parking, complementary uses and public realm on the Triangle site.

MOVED Crs Bond/Clark

That Council:

3.1 Notes the release of the St Kilda Triangle Potential Live Performance Venue Market Sounding Report and the St Kilda Triangle Design Feasibility for a Live Music and Performance Venue with the publication of this report on Council’s web-page on 1 September 2023. Reports are provided in Attachment 1 and 2 respectively.

3.2 Notes the key outcomes of the market sounding report (Attachment 1), which are:

- The live performance market, particularly live music is extremely strong.

- The key gap in Melbourne is a purpose-built indoor venue of between 3,000 and 5,000 standing capacity with a 5,000 standing capacity venue noted as the ‘sweet spot’.

- St Kilda is supported by the majority of promoters surveyed as a live music location for various reasons.

3.3 Notes the indicative site layout (Option 2) recommended in the attached design feasibility report (Attachment 2) provides a proof of concept intended to demonstrate how a live music venue that responds to market demand can be accommodated on the site while allowing for a significant, but not matching, level of carparking, ancillary uses and some public realm. It also addresses key priorities identified in the 2016 Masterplan and other design principles such as the creation of a cultural precinct, protecting key views, connections to the foreshore, concentrating built form near the Palais and integrating effectively in the wider precinct.

3.4 Notes that the indicative site layout for the St Kilda Triangle (Option 2 in Attachment 2) broadly comprises of:

- Venue and Carpark: Option 2 venue - a 5000-standing capacity venue including a mezzanine or balcony (accommodating 1000 of the 5000 capacity), and a 200 space carparking option.

- Supplementary carpark: Use of the site on the corner of Jacka Boulevard and Cavell St for on-grade parking (approximately 40 spaces) as supplementary parking for the preferred design option.

- Complementary Uses and Public Realm: complementary use zones indicating the minimum required for the successful functioning of the venue and activation of the site, while the remainder of the site is used for public realm.

3.5 Notes that if Council was to elect to progress this project, the indicative site layout (proof of concept) presented in the attached design feasibility report (Attachment 1) could be translated into design guidelines and/or a site plan that would form the basis of procurement and strategic planning activities. This is work for subsequent stages which is still to be defined and presented to Council later in 2023, and will be informed by the outcomes of the planned community engagement.

3.6 Endorses the commencement of community engagement to seek feedback on the findings in the St Kilda Triangle Design Feasibility for a Live Music and Performance Venue report on the day following this Council report, 7 September 2023 for a period of 6 weeks in line with the activities detailed in the body of this report.

3.7 Approves additional project budget of $80,000 for additional scope items, including: market sounding and consultancy support to complete the commercial analysis, resources to support the community engagement program and additional design consultancy to review and consider feedback and its implications on the design feasibility work.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To seek endorsement of a masterplan (“Site Plan”) to guide improvement to the Elwood foreshore open space and infrastructure (“Elwood Foreshore”).

MOVED Crs Cunsolo/Sirakoff

That Council:

3.1 Endorses the Elwood Foreshore Site Plan, as adjusted, and annexed as Attachment 1.

3.2 Thanks everyone who has provided input to date to help shape the future of this popular and valued public place.

3.3 Notes that the Elwood Foreshore Site Plan is intended as a high-level masterplan, to guide subsequent detailed design and development applications, and that the development application process includes further community consultation.

3.4 Notes that development in accordance with the Site Plan is anticipated to occur in stages, over approximately 10 years, subject to approvals and consents, including Coastal Crown consent.

3.5 Acknowledges the feedback from Bayside City Council and Head Street residents and requests officers seek to retain current facility addressing where possible.

3.6 Request officers undertake further studies during the detailed design stage on the location of car parking adjacent to the soccer pitch on Head Street.

A vote was taken and the MOTION was CARRIED unanimously.

The following questions were taken on notice during discussion of the item:

Councillor Nyaguy – Would this facility be connected to gas or would it be entirely electric?

Chris Carroll, Chief Executive Officer, advised that generally we try not to connect new buildings to gas unless required for specific purposes e.g. a restaurant. The question was taken on notice for further response.

Purpose

1.1 To seek Council endorsement on the proposed design for Elder Smith Netball Courts and Pavilion.

1.2 Request Councils endorsement of additional funding of $1.7m in 2024/25 financial year to deliver the project.

1.3 Obtain Councillors’ endorsement of the inclusion of a number of discretionary inclusions for the pavilion.

MOVED Crs Martin/Cunsolo

That Council:

3.1 Endorses progressing the project with the proposed design for Elder Smith Netball Courts and Pavilion.

3.2 Approves additional funding of $1.7m (excluding GST) for project costs to deliver Courts and Pavilion.

3.3 Approves additional funding for discretionary items;

3.3.1 Solar panels and battery. Cost $180,000. To be considered further, subject to costing and available budget, with a final report to be presented to Council.

3.3.2 Scoreboards. Cost: $80,000

3.3.3 Seating outside the courts (on court seating is included). Cost: $20,000

3.4 Notes the funding of the additional request will be mainly from a drawdown on open space contribution reserve.

3.5 Notes the proposed next steps for the project:

3.5.1 February/March 2023 – construction procurement

3.5.2 May 2024 - commence construction

3.5.3 December 2024 – construction complete

A vote was taken and the MOTION was CARRIED.

Purpose

1.1 The report seeks approval for the draft findings of the Heritage Overlay 8 Precinct Review to go to public engagement.

MOVED Crs Bond/Nyaguy

That Council:

3.1 Notes the officer report on the draft Elwood Stage 2 Heritage Review Volume 1 - Findings Report Prepared for City of Port Phillip July 2023 (at Attachment 1) and the draft Elwood Stage 2 Heritage Review Volume 2 - Citations Prepared for City of Port Phillip June 2023 (at Attachment 2).

3.2 Endorses the documents in Attachments 1 and 2 for the purposes of community consultation.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To Present Councillors with the engagement summary report following the community consultation period relating to the draft Public Toilet Plan 2023 – 2033, and highlight the key feedback received this engagement period.

1.2 To provide an update to Council on the Public Toilet Plan and key document amendments since the draft was released as a result of community feedback.

1.3 To seek formal endorsement to implement the City of Port Phillip Public Toilet Plan 2023 -2033.

MOVED Crs Nyaguy/Martin

That Council:

3.1 Notes the results of the community consultation on the draft Public Toilet Plan 2023–2033 as summarised in this report and outlined in the attached Engagement Summary Report (Attachment 1).

3.2 Acknowledges and thanks the community for their feedback communicated during the consultation period.

3.3 Adopts the City of Port Phillip Public Toilet Plan 2023 – 2033 for implementation.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To advise Council of the outcomes of the public tender process for Request for Tender 000249, Artist Engagement Services and recommend awarding the contract.

MOVED Crs Cunsolo/Sirakoff

That Council:

3.1 Awards RFT000249 to Auspicious Arts Projects Inc. for three years commencing on 18 September 2023 with one further option of three years to extend (maximum term of six years in total);

3.2 Notes that the contract value of $4,000,000 inc GST has been calculated with reference to the schedule of rates submitted by Auspicious Arts Projects Inc and the projected Council budget for fees paid to artists (including Superannuation and Workcover) via this auspicing arrangement (estimated at $3,809,524);

3.3 Notes that the projected amount to be retained by Auspicious Arts Projects Inc over the maximum six year term equates to $190,476.00 (based on their fee of 5%);

3.4 Notes that the limit of the contract has no additional budget implications;

3.5 Delegates to the CEO the authority to determine if the contract extension is to be exercised and to execute the extension as required.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To seek Council’s approval to enter into Contract 000238 - Security Services with National Protective Services Pty Ltd.

MOVED Crs Bond/Martin

That Council:

3.1 Enters into Contract 000238 Security services with National Protective Services Pty Ltd. for an initial four-year term with an option of a further two-year extension.

3.2 Notes that the estimated contract sum including provisional sum for service changes is $9,401,880.69 (excluding GST) or $10,342,068.76 (including GST) for the full six year period.

3.3 Notes the provisional sum budget for possible future service changes total $480,000 (excluding GST) or $520,000 (including GST), as detailed in point 7 in this report, and this will be subject to Council’s normal budgetary approval process.

3.4 Notes that the section 5 of Instrument of Delegation to the Chief Executive Officer may be utilised to address possible future service changes as outlined in 3.3.

3.5 Authorises the Chief Executive Officer to execute the further two-year extension option as and when required subject to satisfactory performance from National Protective Services Pty Ltd and subject to Consumer Price Index calculations at the time of the extension option is being considered.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To seek Council adoption of the Risk Management Policy and noting of the Risk Management Framework

MOVED Crs Martin/Bond

3.1 Adopts the revised Risk Management Policy (Attachment 1) and notes the updated Risk Management Framework (Attachment 2).

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

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

MOVED Crs Martin/Bond

That Council:

3.1 Notes the monthly Councillor expenses report for July 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 To obtain Council’s in principle approval of the annual financial statements and performance statement for the financial year ending 30 June 2023.

MOVED Crs Pearl/Bond

That Council:

3.1 Notes the sound financial performance for financial year 2022/23 which includes an operating surplus and a low-risk rating on the Victorian Auditor General’s Office Financial Sustainability.

3.2 Gives in principle approval to the annual financial statements and performance statement (the statements) for the financial year ended 30 June 2023.

3.3 Authorises the Mayor, Councillor Heather Cunsolo, and Deputy Mayor, Councillor Andrew Bond, or delegates to certify the annual financial statements and performance statement for the financial year ended 30 June 2023.

3.4 Approves the materiality threshold in the performance statement at +/- 10 percent of Council’s 2021/22 result for the explanation of variances between the 2022/23 and 2021/22 result.

3.5 Authorises the Mayor and Chief Executive Officer to certify the Governance and Management checklist.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Bond/Martin

That Council:

In response to feedback from traders and a formal request from the Fitzroy Street Business Association, requests the CEO, or their delegate, to investigate ways in which outdoor speakers could be permitted for appropriate hospitality businesses in the Fitzroy Street Commercial Precinct until the formal review of the Footpath Trading Guidelines in 2024.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Bond/Sirakoff

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 Procurement of Waste Compactors - For Internal Waste Collection Services

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

Reason - Commercial in confidence of tenderer information and prices.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Bond/Sirakoff

That Council resolves to move into confidential to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020:

17.2 Portfolio Contingency Management

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

Reason: Commercial in Nature. Likely to reduce Council’s ability in negotiation with contractors/tenders on procurement pricing if they are aware of the amount of contingency for the concerned project.

A vote was taken and the MOTION was CARRIED unanimously.