Minutes - Meeting of the Port Phillip City Council - 17 July 2024
MINUTES OF THE Meeting of the Port Phillip City Council HELD 17 July 2024 IN St Kilda Town Hall AND VIRTUAL VIA TEAMS
The meeting opened at 6:36pm.
IN ATTENDANCE
Cr Cunsolo (Chairperson), Cr Baxter, Cr Bond, Cr Clark, Cr Crawford, Cr Martin, Cr Nyaguy, Cr Pearl, Cr Sirakoff.
Chris Carroll, Chief Executive Officer, Brian Tee, General Manager City Growth and Development, Tarnya McKenzie, Interim General Manager Community Wellbeing and Inclusion, Lachlan Johnson, General Manager, Operations and Infrastructure, Claire Stevens, General Manager Organisational Capability and Experience, Joanne McNeill, Executive Manager Governance and Organisational Performance, Xavier Smerdon, Head of Governance, Rebecca Purvis, Senior Council Business Advisor, Eden Aspinall, Council Business Advisor, Lauren Bialkower, Executive Manager City Growth and Culture, Dana Pritchard, Manager Open Space, Recreation and Community Resilience, Nellie Montague, Manager Safety & Amenity .
The City of Port Phillip respectfully acknowledges the Traditional Owners of this land, the people of the Kulin Nations. We pay our respect to their Elders, past and present. We acknowledge and uphold their continuing relationship to this land.
1. Apologies
Nil.
LEAVE OF ABSENCE – COUNCILLOR Rhonda Clark
Moved Crs Pearl/Martin
That Council:
1 Approves the leave of absence for Councillor Clark for the period 2 August to 18 August 2024
A vote was taken and the MOTION was CARRIED unanimously.
2. Confirmation of Minutes
|
That the minutes of the Meeting of the Port Phillip City Council held on 3 July 2024 be confirmed. A vote was taken and the MOTION was CARRIED unanimously. |
3. DECLARATIONS OF CONFLICTS OF INTEREST
Chris Carroll, Chief Executive Officer, declared a material conflict of interest in relation to item 10.1 St Kilda Triangle Live Music Venue - Stage 2 – Targeted Market Engagement Outcomes and Next Steps, due to their wife’s employment interests. The CEO noted they have had no involvement in the advice on this matter or the preparation of the report. The CEO advised they would remain in the meeting for the item as it is a public report and they are not a decision maker.
Mayor Heather Cunsolo declared an interest in relation to item 14.2 Notice of Motion – Councillor Cunsolo - Barak Beacon, due to currently renting a property in the area for a limited period. Mayor Cunsolo advised this is not a general or material conflict of interest.
CONDOLENCE MOTION – JAMES MITCHELL
Moved Crs Martin/Sirakoff
That Council
1. Expresses its deep regret on the passing of James Mitchell.
2. Offers its sincere condolences to their family and places on record its appreciation for
their service to the City of Port Phillip.
A vote was taken and the MOTION was CARRIED unanimously.
CONDOLENCE MOTION – KERRY MCKENDRICK
Moved Crs Pearl/Bond
That Council
1. Expresses its deep regret on the passing of Kerry McKendrick
2. Offers its sincere condolences to their family and places on record its appreciation for
their service to the City of Port Phillip.
A vote was taken and the MOTION was CARRIED unanimously.
4. PUBLIC QUESTION TIME and submissions
Public Questions are summarised below. The submissions were made verbally and can be listened to in full on our website: http://webcast.portphillip.vic.gov.au/archivephp.
Public Question Time:
· Justin Halliday: Over a year ago, in May 2023, the Balaclava toilet block was removed, with a replacement date of October 2023. What is the status of the replacement toilet block, and why has this been delayed?
Lachlan Johnson, General Manager, Operations and Infrastructure, advised that the replacement of the public toilet has been incredibly frustrating and apologised to the community that it has taken so long. Whilst there are alternative facilities within the area, the delay is unacceptable.
The previous public toilet was demolished over 12-months ago. Council entered into a design and construct contract for the supply and installation of a new public toilet in a similar style to that which was installed last year at Shakespeare Grove in St Kilda. The contractor who was selected to install the Coles carpark toilet was selected in part because of their experience in delivering the facility in Shakespeare Grove. The public toilet has been fabricated and is awaiting installation. The lack of progress onsite is due to repeated delays in the builder achieving a building permit. I am informed that as of this afternoon, the latest set of information has been submitted to the building surveyor for review and approval. Pending the outcome of that assessment, works onsite will start immediately and construction is forecast to take three weeks.
· Justin Halliday: Similarly, the Alma Park East toilet block burned down almost three and a half years ago; when can the community expect the Alma Park toilets to reopen? Why has it taken so long for these to be replaced and be rebuilt, and what can we do in the future to prevent such delays?
Lachlan Johnson, General Manager, Operations and Infrastructure, advised that the previous public toilet in Alma Park East was burnt down three years ago. Works are nearly finished. It was estimated that building would be open in late June but this was delayed due to some final compliance issues. These have now been addressed and, pending the final inspection, the public toilet should be open next week. The protracted timeframe for the reconstruction has been impacted by the insurance process and supply chain issues with securing the bespoke materials for the building. Specifically, this involved Council putting two tenders to market and not obtaining satisfactory responses, and a six-month delay with the delivery of stainless steel components that had to be sourced from overseas. The timeframe to reconstruct the building is much longer than Council or the community would have wanted. As part of the finalisation of the project, as is part of Council’s standard practice, a review of project will be undertaken to determine what could have been done differently and better. The lessons learnt from this project will be particularly relevant for future complex insurance related projects.
· Justin Halliday: The Alma Rd entrance to Alma Park, which is adjacent to the train line; this has significant heritage value, is currently blighted by 8 bins, 2 signs, a dumpster and unfortunately, this is where a lot of dog feces is dumped, so it has a pretty rank smell. Has council considered relocating these bins away from the park’s heritage entrance, perhaps to the nature strip immediately above the rail underpass?
Lachlan Johnson, General Manager, Operations and Infrastructure, advised that they have asked Council’s waste management team to see if officers can relocate some of the bins away from the entrance. There is obvious benefits of having bins located where people walk past but they are sure this is something that officers can do in this situation given that there is some space available next to them.
· Justin Halliday: The heritage listed Park Keeper’s Cottage has been fenced off for more than 15 years. What is Council’s plan for this significant building?
Lachlan Johnson, General Manager, Operations and Infrastructure, advised that the Park Keeper’s Cottage is a historically significant building and has been fenced off from the public for a considerable period of time. They took on notice the question regarding the longer term plan for the building but confirmed that it is not on Council’s work program for 2024/25.
· Justin Halliday: Council is currently displaying a proposed design for a barrier along the south boundary of Alma Park West. In May last year, the Council approved a vegetation barrier instead of a fence, with the proposed design to be released for community consultation early in 2024. However, we are now presented with a wire fence design that differs from the original vegetation barrier approved by Council, and without any opportunity for the community to comment on the proposal. Why did the design change? Why is a fence required instead of vegetation? Who was consulted about the design change and finally, how does a wire fence protect and enhance the heritage of Alma Park when other heritage parks such as St Kilda Botanical Gardens have recently had wire mesh fences replaced designs more fitting for their original character?
Tarnya McKenzie, Interim General Manager Community Wellbeing and Inclusion, advised that Council officers produced six design options which were then independently reviewed by John Patrick Landscape Architects Pty Ltd (JPLA Pty Ltd), taking into consideration all aspects related to potential impact on the park, who ultimately provided a recommendation for what they considered the least impactful option. The combination of the fence and garden bed design is to maximise the effectiveness of the barrier to provide an uplift in safety for both children and dogs leaving Alma Park West at the southern end of the park. All design options were independently reviewed by John Patrick Landscape Architects Pty Ltd, taking into consideration all aspects related to potential impact on the park, JPLA Pty Ltd ultimately provided a recommendation for what they considered the least impactful option. Council’s internal Principal Heritage Advisor subsequently peer reviewed the JPLA Pty Ltd report and supported their recommendation. The important driver for this project is one of improving safety for the community and their dogs and council, through developing this design solution, will be able to achieve this outcome whilst respecting the aesthetics of Alma Park.
· Richard Whitfield: I would like to say that I strongly support Council initiatives to increase exercise equipment in public spaces. Anything that we can do to encourage healthy lifestyles and community socialization is to be applauded, especially among residents who are older, less healthy and more isolated. As well as exercise equipment, I’d also like to support the need for more and better public seating. When does Council expect to look at and incorporate older persons’ exercise in its parks and recreation?
Tarnya McKenzie, Interim General Manager Community Wellbeing and Inclusion, advised that, at the moment, there are no plans for the installation of new outdoor fitness equipment in the next 2-3 years. However, when we commence designing these new spaces, we will consider accessibility and equipment for use across the ages. As we review our Sport and Recreation Strategy, which is upcoming in the next twelve months, we will be identifying needs to inform future design and look at demand for activations of our existing outdoor fitness equipment.
Council Report Submissions:
Item 7.1 Frank’s Sculptures – Danks Street Petition Response
|
· Frank Artuso |
Item 7.2 Petition for Port Phillip Council to Cease the Proposed Fitzroy St Seating Plan
|
· Rod Mitchell |
· Rhonda Small |
· Gabrielle Chamberlain |
Item 9.1 City of Port Phillip Rental Crisis - Petition Response
|
· Rhonda Small |
· Alex Darton |
Item 10.1 St Kilda Triangle Live Music Venue - Stage 2 – Targeted Market Engagement Outcomes And Next Steps
|
· Mary Stuart |
· Hugh van Haandel |
Item 13.3 South Melbourne Town Hall - ANAM Schematic Design
|
· Nick Bailey |
Item 14.1 Notice of Motion for Fitzroy Street Seating
|
· Rod Mitchell |
· Richard Ludlow |
· Una Steele |
· Adrian King |
|
· David Williams |
· Russell Frajman |
· Charlotte Frajman |
|
5. Councillor question time
Councillor Pearl: Officers might be aware of a billboard that’s located on private property on the corner of York Street and Montague Street, South Melbourne, which is adjacent to the Sol Green Reserve. Can officers please take this question and report back if these billboards have valid permits, why these trees have not been replanted in front of these billboards that appear to be on private property, and is there any way Council can get these billboards removed?
Brian Tee, General Manager City Growth and Development, took the question on notice for further response.
Councillor Pearl: Can Officers please provide an update on the development/building permits at 1-7 Waterfront Place? Specifically, can you update Councillors on the development and cleanup at this site? When was the last time Council engaged with the owner/developer regarding the appalling state of the site?
Nellie Montague, Manager Safety and Amenity advised that Council is currently assessing an amendment application which seeks several changes to the development that was approved by Planning Permit 490/2020. The changes sought in the amendment application are confined to internal changes to apartments, changes to the other land uses (gym, retail and communal facilities) and minor external changes to colonnades and the material and finishes. The amendment application is currently waiting for a response to a further information request. The applicant is required to respond to the further information request by 29 July 2024. Planning permit 490/2020 requires the development to start by 3 August 2026 and officers have been informed that the land has recently been sold and that settlement will occur soon. At this stage we do not have the details of the new owner, however will work with them when to improve the appearance of the land.
Nellie Montague, Manager Safety and Amenity, took on notice the question regarding the exact date of communication with the owner, but advised that the land is being used by another building taking place close by and so there is some activity happening on the site from that construction site.
Councillor Sirakoff: Is there any update on the progress of supermarkets and their shopping trolleys, with the installation of perimeter constraint systems, so that shopping trolleys are not spread throughout the city?
Nellie Montague, Manager Safety and Amenity advised that the current Local Law came into effect on 1 August 2023 required that by 1 September 2024, premises with 30 or more shopping trolleys for use by customers must have installed a device that constrains the shopping trolley to the perimeter of the premises.
From the 1 September 2024, once a trolley is found outside the perimeter of a premises the owner of the trolley will be notified and given a reasonable opportunity to recover the trolley, unless the shopping trolley or its location poses a danger. Penalty fees of up to $489 (2.5penalty units) can be applied for collection of impounded shopping trolleys and any trolley not collected within 14 days can be disposed of by Council. We have been informed that the third party supplying the devices are in discussion with Coles and Woolworths to implement the locks prior to 1 September 2024. Local Laws will continue to monitor and take action when needed.
6. Sealing Schedule
Nil.
7. Petitions and Joint Letters
8. Presentation of CEO Report
|
1. PURPOSE 1.1 To provide Council with a regular update from the Chief Executive Officer regarding Council’s activities and performance. |
|
That Council: 3.1 Notes the CEO Report – Issue 108 (provided as Attachment 1). 3.2 Authorises the CEO or their delegate to make minor editorial amendments that do not substantially alter the content of the report. A vote was taken and the MOTION was CARRIED unanimously. |
9. Inclusive Port Phillip
|
1. PURPOSE 1.1 Provide an officer report on the City of Port Phillip Rental Crisis petition and consideration of the seven proposed actions identified. |
|
That Council: 3.1 Acknowledges the availability of established State Government emergency rental relief programs, currently administered by local external agencies, particularly the Private Rental Assistance Program (PRAP) and Rental Stress Support Package (RSSP). 3.2 Does not replicate the State Government emergency rental relief programs. 3.3 Works with partners to advocate to the State Government for a review of the income thresholds of PRAP / RSSP to enabling the extension of services to those currently ineligible. 3.4 Notes that Council maintains a dedicated website page to affordable housing information, including tenancy assistance and support. 3.5 Notes that Council’s Housing and Homelessness Team will continue to respond to enquiries, including those from individual renters facing challenges. Officers will continue to direct people to suitable services and supports. 3.6 Notes there are established annual budget allocations to deliver affordable housing and homelessness programs, and project contributions through the ‘In Our Backyard’ project reserve. 3.7 Notes that a budget submission was considered for direct funding to South Side Justice as part of the 2024/25 Council Plan and Budget and additional funding was not included in the budget. 3.8 In partnership with South Side Justice, advocates to Consumer Affairs Victoria for a targeted dedicated Tenancy Assistance and Advocacy Program (TAAP) in the inner south, with a full-time tenancy lawyer to directly support and address issues facing the community. 3.9 Notes that people renting in the City of Port Phillip hold equal access to services provided by Council and are not restricted due to status. 3.10 Includes the following as part of Council’s Advocacy priorities in 2025/2026: 3.10.1 Strategies to improve outcomes for tenants’ security, and equitability and conditions that will generate investment in rental supply and affordability (State) 3.10.2 Extend welfare supports around Rent Assistance (Federal) 3.10.3 Review for consideration of the impacts of the PRAP thresholds (55% of household income) and the need to consider and address through their programs the higher local private rental costs in Port Phillip when compared to the metropolitan average (State) 3.10.4 Advocate to Consumer Affairs Victoria for a targeted Tenancy Assistance and Advocacy Program (TAAP) in the inner south to directly support and address issues facing the community (State). A vote was taken and the MOTION was CARRIED. |
10. Liveable Port Phillip
The Mayor adjourned the meeting for a break at 8.36pm.
The meeting resumed at 8.49pm.
11. Sustainable Port Phillip
Nil.
12. Vibrant Port Phillip
Nil.
13. Well Governed Port Phillip
|
1. PURPOSE 1.1 To present to Council for approval of the updated Investment & Treasury Management Policy, which sets out the principles to be followed by officers investing funds with financial institutions. |
|
That Council: 3.1 Adopts the Investment & Treasury Management Policy 2024 as set out in Attachment 1 to this report. 3.2 Delegates authority to the CEO to reflect any changes made by Council at tonight’s meeting, and to make minor typographical corrections and administrative changes. A vote was taken and the MOTION was CARRIED unanimously. |
|
1. PURPOSE 1.1 To present to Council, and recommend conditional approval of, the schematic design submitted by the Australian Academy of Music (ANAM) in accordance with their Agreement for Lease (AFL) with Council for the redevelopment of the South Melbourne Town Hall (SMTH). |
|
That Council: 3.1 Acknowledges the collaborative work between the Australia National Academy of Music (ANAM) and Council in progressing the refurbishment of the South Melbourne Town Hall. 3.2 Notes that the Schematic Design submitted by ANAM for Council’s consideration meets the shared objectives of Council and ANAM for the highly valued community asset. 3.3 Provides conditional approval for the Schematic Design, noting the following key matters to be resolved: 3.3.1 Heritage Victoria approval of the design including specifically for the proposed eastern extension (Student Common Room), demolition of the north-western apartment, modifications to the main stage, and other associated works that will impact the heritage significance of the building. 3.3.2 Detailed investigation and clarification on window repairs and double-glazing, noting the requirements of the Project Brief. 3.3.3 Rendering of the exterior of the building. 3.3.4 Provision of energy storage as per the Project Brief requirements. 3.3.5 Further development of the design of the proposed ramp at the main entrance to ensure that it meets crime prevention through environmental design (CPTED) principles, by not leaving a gap between the ramps. 3.4 Delegates to the Chief Executive Officer, or their delegate, through the joint project control group, to resolve the outstanding matters to the satisfaction of Council. A vote was taken and the MOTION was CARRIED unanimously. |
14. Notices of Motion
The Mayor adjourned the meeting for a break at 9.36pm.
The meeting resumed at 9.42pm.
14. NOTICES OF MOTION (Cont.)
15. Reports by Councillor Delegates
Nil.
16. URGENT BUSINESS
Nil.
ADDITIONAL ITEM
Port Phillip Internal Arbitration Process - Decision and Statement of Reasons
In accordance with section 147(4) of the Local Government Act 2020, the Arbiter’s decision and statement of reasons on the matter of an Application by Councillor Christina Sirakoff and Councillor Andrew Bond concerning Councillor Robbie Nyaguy (attached) is tabled and recorded in the minutes of the meeting.
Attachments
1. Port Phillip Internal Arbitration Process –
Decision and Statement of Reasons
Councillor Nyaguy addressed the meeting in accordance with the Arbiter’s decision.
Councillor Nyaguy left the chamber at 945pm and did not return to the chamber.
17. Confidential Matters
|
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 Plumbing & Gasfitting Services Contract Award 3(1)(g(i)). private commercial information, being information provided by a business, commercial or financial undertaking that relates to trade secrets 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 - The report outlines a proposed contracting arrangement and comercially sensitive information that if made public would potentially expose parties to unfavourable disadvantage. 17.2 Contract Award - St Kilda Festival Production Management Services 3(1)(a). Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released. Reason - Confidential tender recommendations presented to Council for decision A vote was taken and the MOTION was CARRIED unanimously. |
The meeting was closed to the public at 9.45pm.
The meeting reopened to the public at 10.01pm.
As there was no further business the meeting closed at 10.01pm.
Chairperson ________________________________________
