Agenda of Meeting of the Port Phillip City Council

Meeting of the Port Phillip City Council

19 March 2025

Welcome

Welcome to this Meeting of the Port Phillip City Council.

Council Meetings are an important way to ensure that your democratically elected representatives are working for you in a fair and transparent way. They also allow the public to be involved in the decision-making process of Council.

About this meeting

There are a few things to know about tonight’s meeting. The first page of tonight’s Agenda itemises all the different parts to the meeting. Some of the items are administrative and are required by law. In the agenda you will also find a list of all the items to be discussed this evening.

Each report is written by a Council officer outlining the purpose of the report, all relevant information and a recommendation. Council will consider the report and either accept the recommendation or make amendments to it. All decisions of Council are adopted if they receive a majority vote from the Councillors present at the meeting.

Public Question Time and Submissions

Provision is made at the beginning of the meeting for general question time from members of the public.

All contributions from the public will be heard at the start of the meeting during the agenda item 'Public Questions and Submissions.' Members of the public have the option to either participate in person or join the meeting virtually via Teams to ask their questions live during the meeting.

If you would like to address the Council and /or ask a question on any of the items being discussed, please submit a ‘Request to Speak form’ by 4pm on the day of the meeting via Council’s website:

Request to speak at a Council meeting - City of Port Phillip

Meeting of the Port Phillip City Council

To Councillors

Notice is hereby given that a Meeting of the Port Phillip City Council will be held in St Kilda Town Hall and Virtually via Teams on Wednesday, 19 March 2025 at 6:30pm. At their discretion, Councillors may suspend the meeting for short breaks as required.

AGENDA

1 APOLOGIES

2 MINUTES OF PREVIOUS MEETINGS

Minutes of the Meeting of the Port Phillip City Council 19 February 2025.

3 Declarations of Conflicts of Interest

4 Public Question Time and Submissions

5 Councillor Question Time

6 Sealing Schedule

Nil

7 Petitions and Joint Letters............................................................................... 6

7.1 Petition Response: Port Melbourne Life Saving Club - Outside Showers......... 6

7.2 Petition Response: Request to not proceed with Edwards Park Public Amenities 8

8 Presentation of CEO Report

8.1 Presentation of CEO Report Issue 115 - January 2025................................... 12

9 Inclusive Port Phillip

9.1 Friends of Suai Annual Report 2023/24............................................................ 58

10 Liveable Port Phillip

10.1 Sol Green Reserve Upgrade - Landscape Contractor RFT000325 (Landscape Contractor Award)............................................................................................................. 104

11 Sustainable Port Phillip

Nil

12 Vibrant Port Phillip

Nil

13 Well Governed Port Phillip

13.1 Australian Local Government Association 2025 National General Assembly of Local Government - Submission............................................................................... 110

13.2 Council Internal Resolution Procedure........................................................... 116

13.3 CEO Employment and Remuneration Policy and CEO Employment Matters Committee Terms of Reference Review....................................................................................... 125

13.4 Advisory Committee Terms of Reference Adoption....................................... 148

13.5 Status of Council Decisions and Questions taken on Notice Recorded by Council: 1 October - 31 December 2024.......................................................................................... 222

13.6 Councillor Expenses Monthly Reporting - February 2025.............................. 259

13.7 Records of Informal Meetings of Council........................................................ 266

14 Notices of Motion

Nil

15 Reports by Councillor Delegates

16 URGENT BUSINESS

17 Confidential Matters....................................................................................... 290

The information contained in the following Council reports is considered to be Confidential Information in accordance with Section 3 of the Local Government Act 2020.

17.1 Children's Infrastructure North St Kilda Decanting Proposal

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

Reason: This report contains information that, if released prematurely, would compromise Council’s ability to undertake consultation successfully. Information contained in an attachment to this report contains confidential decisions of Council.

17.2 Melbourne Water Elwood Main Drain - financial agreement

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

Reason: This report contains information that may impair Council’s ability to effectively negotiate contractual arrangements with preferred suppliers for future tenders on reconstruction works.

Meeting of the Port Phillip City Council

19 March 2025

7.1

Petition Response: Port Melbourne Life Saving Club - Outside Showers

A Petition containing 149 signatures via change.org and 29 physical signatures was received from residents and swimmers in the Port Melbourne area in late 2021.

The Petition stated the following:-

The benefits to cold water swimming through the winter months are many. Being able to rinse off afterwards with warm water in the outside showers would attract more swimmers to the area.

The showers themselves are already in place. What we are asking for is to have them warmed by instantaneous electrical hot water units. We want electricity over gas for environmental reasons. Using instantaneous hot water units minimises energy use.

This is a petition to the local council to support this initiative and install them for next winter 2022.

OFFICER COMMENT

1. The petition was received and noted at the ordinary meeting of Council on 20 October 2021.

2. A report was tabled at the meeting of the Port Phillip City Council on 6 April 2022, in which officers cited the following reasons that it wasn’t recommended to provide warm water showers at the requested location:

a. There are no options that suitable align with Council’s environmental sustainability policies and standards that would provide adequate output for the expected demand.

b. Whilst the quantum of ongoing operational costs will be unknown until demand for usage is known, it is anticipated these ongoing costs will be significant.

c. Provision of warm water showers in Port Melbourne could raise an equity issue regarding access along the foreshore and further installations will likely be requested further impacting the operational costs.

3. At the 6 April 2022 meeting, Council resolved to defer the item to a future meeting, noting that officers were having discussions with Port Melbourne Life Saving Club about the potential for sharing facilities.

4. Since this time, officers in consultation with Port Melbourne Life Saving Club have considered the option of potentially sharing of facilities.

5. Investigations of the club’s premises identified that the building does not provide a feasible option for public access due to safety concerns and limited accessibility.

6. There was a recent State government commitment of $250k for internal building modifications including a lift, however, after review and investigation it has been determined that this funding would not enable delivery of warm water showers for community groups.

7. A project to upgrade the existing public toilet block at Port Melbourne Beach (adjacent to Port Melbourne Lifesaving club) will commence in 2025/26.

8. It is recommended that Council considers the inclusion of warm water showers as part of the feasibility of this project.

RECOMMENDATION

That Council:

1. Expresses it appreciation to the signatories of the petition.

2. Thanks the signatories for their patience whilst Council has worked through the options for the provision, including investigations of the potential for warm water showers to be incorporated in a potential upgrade of the Port Melbourne Life Saving Club.

3. Notes that a number of outdoor showers are provided along the foreshore for community members to utilise, particularly when visiting one of our many beaches.

4. Notes that all outdoor public showers are plumbed for cold water use only.

5. Resolves to consider implementing warm water showers as part of the upgrade of the existing public toilet block at Port Melbourne Beach (adjacent to Port Melbourne Lifesaving club).

ATTACHMENTS

Nil

Meeting of the Port Phillip City Council

19 March 2025

8.1	Presentation of CEO Report Issue 115 - January 2025
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Kihm Isaac, Corporate Planning and Performance Advisor

1. PURPOSE

1.1 To provide Council with a regular update from the Chief Executive Officer regarding Council’s activities and performance.

2. EXECUTIVE Summary

2.1 In March 2014, the City of Port Phillip introduced a program of more regular performance reporting through the CEO Report.

2.2 Quarterly CEO reports are comprised of detailed service area updates, major projects, finance and statistics. Monthly CEO reports (attached for January 2025) are comprised of short stories of performance, major projects, finance and key statistics.

2.3 Both reports represent Council’s performance against the Council Plan presented by each strategic direction; Liveable, Inclusive, Vibrant, Sustainable and Well-Governed.

2.4 CEO reports are published to the Council Performance Reporting webpage after the Council Meeting : Performance reporting - City of Port Phillip

2.5 Officers identified a minor error to the Q2 CEO Performance Report – Issue 114, on page 44. The percentage of recently purchased library collection was reported as 69 per cent for the quarter, the correct result was 55 per cent. The relevant page of the report has been updated as per the attachment and will be posted to Council’s website.

2.6 Council has been successful in our application for a $515,000 grant from the Federal Government’s Active Travel Fund for the Beacon Road Active Transport Safety Upgrade project. This project involves developing a detailed design and construction of safe cycling infrastructure along Beacon Road. The new infrastructure will integrate with the proposed pedestrian-operated signal on Williamstown Road, which will be delivered by the Department of Transport and Planning (DTP), a project Council successfully advocated for, as well as connect to the recently completed Garden City Bike Path.

2.7 The total project cost is estimated at $1,030,000. The $515,000 grant requires a 50:50 co-contribution from Council and the Federal Government. Councils’ contribution will be funded through Council’s Sustainable Transport Reserve, a fund established to support transport projects. Approval for this project funding is being requested outside of the 2025/26 budget process due to timelines for acceptance of the funding.

3. RECOMMENDATION

That Council:

3.1 Notes the CEO Report – Issue 113 (provided as Attachment 1)

3.2 Notes the amendment to CEO Report Q2 – Issue 113 (provided as Attachment 2)

3.3 Approves the budget request for $515,000 from the Sustainable Transport Reserve for Council’s contribution to the Beacon Road Active Transport Safety Upgrade.

3.4 Authorises the CEO, or their delegate, to make minor editorial amendments that do not substantially alter the content of the reports.

4. OFFICER MATERIAL OR GENERAL INTEREST

4.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. CEO Report Issue 115 - January 2025

2. CEO Report - Issue 114 Second Quarter Review - Amendment⇩

Meeting of the Port Phillip City Council

19 March 2025

9.1	Friends of Suai Annual Report 2023/24
Executive Member:	Kylie Bennetts, General Manager, Community Wellbeing and Inclusion
PREPARED BY:	Gavin Murphy, Coordinator Grants and Community Building

1. PURPOSE

1.1 To present the Friends of Suai 2023/24 Annual Report (Attachment 1) and inform Council of the achievements of the friendship.

2. EXECUTIVE Summary

2.1 In September 2020, Council formally reaffirmed its friendship with Covalima district in East Timor, signing a ten-year Friendship Agreement for 2020-30. This was the third consecutive ten-year agreement, initially signed in 2000.

2.2 The Friends of Suai Community Reference Committee guides the friendship on behalf of Port Phillip’s community. The committee works in partnership with the Covalima Community Centre in Suai, East Timor to meet the aims and objectives of the Friendship Agreement between the City of Port Phillip and Covalima communities.

2.3 For a number of years, the City of Port Phillip has provided direct funding support for the Friendship including a staffing resource in Port Phillip to support the Community Reference Committee and friendship activities, in addition to a grant to the Covalima Community Centre for core operational costs such as staffing, communication, administration and hosting community meetings. A transition plan for the Friends of Suai was endorsed by Council in December 2021. The transition plan involved a reduction of direct funding support for the partnership over time. As of early 2025, the staffing resource based in Port Phillip has reduced, with no direct funding allocated from 2025/26 to Covalima, in line with the transition plan endorsed in 2021.

2.4 Council will continue to contribute actively to the Friendship, including through donation of second-hand computers through Council’s disposal program; continue to support the Friends of Suai Community Reference Committee as an Advisory Committee to Council with Councillor representation and will continue to provide in-kind support for their activities.

2.5 The Friends of Suai 2023/24 Annual Report is aligned to the Friends of Suai 2020-25 Strategic Plan (Attachment 2) and details activities of the friendship. These include events and fundraising in the Port Phillip community.

2.6 Strengthening the Covalima Community Centre and its programs is a key focus of the Strategic Plan. The achievements of the Centre and the implementation of educational, social and environmental programs are included in the Annual Report.

2.7 Highlights of the Friends of Suai achievements in 2023/24 include significant fundraising activities, scholarship outcomes, increased community IT capacity and sustainable income produced from forestry carbon capture.

2.8 The establishment and growth of the Covalima Community Centre in Suai is one of the primary legacies of the friendship with City of Port Phillip. The Centre has grown in capacity and is a registered NGO. It has formal partnerships with international NGOs and development agencies and is nationally recognised for its work to support gender equality and women’s leadership.

3. RECOMMENDATION

That Council:

3.1 Notes the 2023/24 Friends of Suai Annual Report (Attachment 1).

3.2 Acknowledges the ongoing work of the Friends of Suai Community Reference Committee and thanks the Committee for its efforts.

3.3 Acknowledges the work of the Covalima Community Centre in Suai throughout 2023/24 and the role it has played in enhancing the lives of the Covalima community.

3.4 Acknowledges and thanks Carlene Harlock for the contribution and service they have provided to the communities of Port Phillip and Covalima through the role of Community Building Friends of Suai/Covalima and wishes them well with their future endeavours.

4. KEY POINTS/ISSUES

4.1 The City of Port Phillip established a relationship with the coastal town of Suai in Covalima district, East Timor in 2000. The relationship was formed after the mass destruction and killings that occurred after the Timorese people voted for independence in 1999. In response to concern expressed from the Port Phillip community, a friendship was developed with Suai and the district of Covalima.

4.2 The friendship has been formally recognised through consecutive ten-year Friendship Agreements, initially signed in 2000. In September 2020, Council reaffirmed its friendship with the Covalima district through a third ten-year Friendship Agreement for 2020-30.

4.3 The Friendship Agreement comprises a Statement of Friendship and Memorandum of Understanding (MoU). The Statement of Friendship outlines the nature and intent of the relationship to utilise skills and knowledge in both communities, and in doing so, empower both to manage their shared future. The supporting MoU maintains a formal arrangement for Council’s relationship with the local government in Suai.

4.4 Friends of Suai work in partnership with the Covalima Community Centre in Suai to meet the aims and objectives of the Friendship Agreement.

4.5 The Friendship Agreement is complemented by a Municipal Cooperation Agreement of which the City of Port Phillip is a signatory, along with 14 other local Councils in Victoria. This agreement was signed by the Mayor and CEO in 2016 and provides a framework for building local government in East Timor.

4.6 The Friends of Suai Community Reference Committee is a formal advisory group to Council and up until early 2025 was resourced by the Friends of Suai Community Building Officer, with this support now being provided at a reduced level. There is a Councillor representative on this Committee. This role is currently held by Councillor Thomann. More than 12 residents regularly attend meetings and organise events in the City of Port Phillip. The Committee also assess project initiatives to ensure the friendship pursues best practice in international development.

4.7 The work of Friends of Suai is guided by the 2020-25 Strategic Plan which has a strong focus on strengthening capacity at the Covalima Community Centre and support for its future financial independence.

4.8 In December 2021, whilst committing to in-kind support and assistance, Council endorsed a transition plan to gradually reduce all direct funding to Friends of Suai by 2025/26. As of early 2025, the staffing resource based in Port Phillip has reduced and there is no direct funding allocated from 2025/26 to Covalima.

4.9 Highlights of the Friends of Suai achievements in 2023/24 include:

4.9.1 Fundraising activities and community donations contributed $46,029 to support programs in Covalima district and toward core operational costs of the Covalima Community Centre. Funds and items were donated for the scholarship program, the With One Seed reforestation project and to the Suai Senior Secondary School library and facilities.

4.9.2 A successful trivia night was held at Middle Park Bowls Club in April 2024, raising over $11,500. There was great support from the Port Phillip community and Council, with 100 tickets sold and over $4,300 worth of goods and services donated by local traders and residents.

4.9.3 The Friends of Suai scholarship program has now provided 178 scholarships for students from disadvantaged families to further their education. All scholarships are fully funded, and many community members have contributed to this program. There have been great employment outcomes this year with three graduates employed as primary school teachers and two midwifery graduates employed at health clinics in Covalima district.

4.9.4 A study tour organised and hosted by Friends of Suai provided participants with an opportunity to visit East Timor to learn more about the current issues, challenges and developments. The tour included a three-day visit to Suai, and the group was hosted by staff at the Covalima Community Centre to visit educational and community projects. The tour fee included a significant contribution to the scholarship program and participants were able to meet some of the graduates while visiting Suai.

4.9.5 A further 26,000 trees have been planted on deforested land as part of the With One Seed carbon reforestation program. This brings the total to over 100,000 trees planted since the project started in 2019. This successful initiative is being replicated throughout East Timor with financial support from the European Union’s Rai Matak (Green Land) program.

5. CONSULTATION AND STAKEHOLDERS

5.1 The 2023/24 Annual Report has been prepared with Friends of Suai Community Reference Committee Chairperson, Megs Alston; Treasurer, Michael Henry; and the Covalima Community Centre Director, Alberto de Jesus Barros.

6. LEGAL AND RISK IMPLICATIONS

6.1 There are no known legal and risk implications.

7. FINANCIAL IMPACT

7.1 The Friends of Suai 2023/24 Annual Report was written and produced by the Friends of Suai Community Building Officer. There is no expense other that officer time associated with the production.

7.2 The budget allocation for the Friends of Suai program for the 2023/24 financial year was $30,000 and a 0.6 FTE position to coordinate the program and relationship between the Port Phillip and Covalima communities.

7.3 The program funding for the CCC is used for core operational costs including staffing, communication and transport. Funds are also provided to contribute to the annual financial audit, programs and training.

7.4 In December 2021, Council endorsed a Transition Plan to reduce funding to Friends of Suai by 25% each year, with direct funding ceasing by 2025/26. As of early 2025, the staffing resource based in Port Phillip has reduced and there is no direct funding allocated from 2025/26 to Covalima.

7.5 Friends of Suai fundraising activities and community donations contributed $46,029 to support operations of the Covalima Community Centre and programs in Covalima district. Funds and items were donated for the scholarship program, With One Seed reforestation program and the Suai public secondary school library.

8. ENVIRONMENTAL IMPACT

8.1 Friends of Suai is committed to sustainable practices and has supported the establishment and expansion of a reforestation initiative called With One Seed. This program works with subsistence farming communities to plant thousands of trees on deforested land. More than 100,000 trees have been grown in the Friends of Suai funded nursery and distributed to local farmers. The program is currently undergoing an audit for Gold Standard certification so that the carbon captured in the trees can be sold on the international carbon market, generating income for farmers for many years.

8.2 The With One Seed program also involves providing information and training on land and water conservation and agroforestry practices.

9. COMMUNITY IMPACT

9.1 The Friendship is a community-initiated commitment that supports an enriching relationship for both the Port Phillip and Covalima communities. Residents come together to engage in international relations with one of our closest neighbours, East Timor.

9.2 The Friends of Suai program provides the opportunity for understanding good governance, community participation and sharing of best practice in civic administration in East Timor and the Port Phillip communities.

9.3 Port Phillip residents have provided time, skills, money and friendship, ensuring the relationship is based on community-to-community links. The friendship engages residents, service clubs, churches and schools in Port Phillip to connect with and support our friends in East Timor.

9.4 Fundraising, cultural events and public meetings have ensured participation and engagement in the community, attracting residents, Councillors, staff and the East Timor networks in Victoria. Port Phillip residents are kept informed and engaged with the friendship through program updates, social media, event invitations and opportunities to donate.

9.5 Donations of second-hand computers through Council’s disposal program, supplemented by community donations, ensure the continuing operation of the IT Social Enterprise at the Covalima Community Centre. Income is generated through computer training at the Centre and excess stock is sold at affordable prices to students and families.

9.6 Community donations have funded 13 new scholarships this year, for students from Covalima district to further their education at vocational and tertiary institutions. Covalima district is one of the poorest in East Timor and the scholarship program is providing access to education and preparing students for employment.

10. Gender Impact Assessment

10.1 The Covalima Community Centre has an excellent reputation for its work in promoting gender equality, inclusion and advocacy across all programs. The Rural Women’s Development Program at the Centre supports income generating activities for more than 100 women and provides leadership and empowerment training for women to stand as candidates in village elections.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 Since 2000, the Friends of Suai Friendship Agreement and program have been guided by and aligned to the strategic goals of each Council Plan.

11.2 The Friends of Suai program aligns with two of the Strategic Directions in the 2021-31 Council Plan:

Strategic Direction 1 – Inclusive Port Phillip

Initiative: Provide client services and programs that support inclusive and accessible activities including people who identify as LGBTQIA+, people with a disability, people from culturally and linguistically diverse backgrounds, Indigenous backgrounds and people experiencing homelessness.

Strategic Direction 5 – Well Governed Port Phillip

Initiative: Provide opportunities for our community to participate in civic life and help shape Council policy, services, programs and decisions by facilitating engagement in line with Council’s Community Engagement Policy.

11.3 The Friends of Suai Community Reference Committee is a formal advisory group to Council, providing community members the opportunity to participate in civic life to inform Council decision making. The Committee work with the Covalima Community Centre and local government in Suai to provide good governance and for the benefit and wellbeing of its community. There is a Councillor representative on this Committee.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 The Annual Report will be presented at the Friends of Suai annual community meeting later this year.

12.2 COMMUNICATION

12.2.1 If endorsed by Council, the Annual Report will be distributed to Friends of Suai members, donors, partners and supporters. It will also be made accessible on
Council’s website (Friends of Suai page).

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. Friends of Suai/Covalima Annual Report 2023/24⇩

2. Friends of Suai 2020-25 Strategic Plan⇩

Meeting of the Port Phillip City Council

19 March 2025

10.1

Sol Green Reserve Upgrade - Landscape Contractor RFT000325 (Landscape Contractor Award)

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Karen Miller, Manager Project Delivery

Emma Mydaras, Project Manager

Paula Kilpatrick, Head of Open Space - Foreshore and Open Space

1. PURPOSE

1.1 To recommend the award of Tender RFT000325, Sol Green Reserve Upgrade – Landscape Contractor to Melbourne Landscape Group Pty Ltd (ABN 76629019889) for the Sol Green Reserve Upgrade.

2. EXECUTIVE Summary

2.1 The project site is located at Sol Green Reserve in South Melbourne, boarded by City Road, Montague Street, Coventry Street and Nelson Road.

2.2 The site houses a playground, 1/4 basketball/netball court, picnic and BBQ facilities, dog on-leash area and a community centre.

2.3 These upgrades are guided by Council's Public Space Strategy adopted 2021 which includes a short term (2021-2024) priority action for Sol Green, to 'Upgrade the park and play space to improve the character and quality of facilities, strengthening its role as a local community space’ and the most recent annual Playground Safety Audit.

2.4 Council has allocated $1.3M to design and deliver landscape upgrade works at Sol Green Reserve.

2.5 Officers are recommending Council approval to enter into a Contract with Melbourne Landscape Group Pty Ltd for the construction of the park upgrade works. The recommended tenderer’s price is within the project budget and is considered to represent a true and appropriate cost to deliver the required works.

2.6 The funding includes a new relocated and upgraded playground including accessible elements, expanded basketball court with netball ring, upgraded lighting, tree and garden bed planting upgrades, additional seating and improved path connections.

2.7 In accordance with the provisions of the Local Government Act 2020 (Vic) and Council’s Procurement Policy, a public procurement process was conducted to identify a suitable contractor for the construction works.

2.8 Subject to the decision of Council, construction works will commence in late April 2025 and be completed by 29 August 2025.

3. RECOMMENDATION

That Council:

3.1 Awards Tender RFT000325 to Melbourne Landscape Group Pty Ltd for the construction of Sol Green Reserve Upgrade for a total award value of $957,209.55 excluding GST ($1,052,930.50 including GST).

3.2 Notes that the contract includes contingency and other project/service costs as detailed in confidential attachment 1.

3.3 Authorises the Chief Executive Officer, or their delegate, to execute the Contract Document on behalf of Council and to approve any variations to the total value detailed in confidential attachment 1.

3.4 Notes that construction works are expected to commence in late April 2025 and be completed by 29 August 2025.

4. KEY POINTS/ISSUES

Summary of Procurement Process

4.1 RFT000325 was publicly advertised on Tenderlink and closed on 29 November 2024. Four submissions were received in response.

4.2 Tenders were assessed in accordance with the principles of the Procurement Policy, as well as the evaluation criteria and weightings set out in the procurement plan agreed by the tender Evaluation Panel prior to the procurement process. Refer to the attached confidential Tender Evaluation Report for further details (Attachment 1).

4.3 An independent probity advisor has assisted in the procurement and evaluation process. The probity report is attached to the Confidential attachment 1.

Scope

4.4 Sol Green Reserve, South Melbourne is boarded by City Road, Montague Street, Coventry Street and Nelson Road.

4.5 It houses a playground, 1/4 basketball/netball court, picnic and BBQ facilities, dog on-leash area and a community centre.

4.6 Sol Green Reserve is included on the Schedule to the Heritage Overlay (HO) of the Port Phillip Planning Scheme (HO442)

4.7 The reserve is owned by Department of Energy, Environment and Climate Action (DEECA) and managed by the City Of Port Phillip (CoPP).

4.8 City Of Port Phillip sought Landowner Consent from DEECA for the works on Crown Land.

4.9 The upgrade includes construction of new:

· paths, paving, kerbs, edging and rockwork

· rubber play surface and play equipment

· drainage

· furniture

· lighting

· expanded basketball/ netball court

· trees, shrubs, groundcover planting and grassing

5. CONSULTATION AND STAKEHOLDERS

5.1 From 05 May to 04 June 2023, the City of Port Phillip ran engagement and asked the community for feedback on what was working well and what can be improved at Sol Green Reserve.

5.2 This feedback was then used to produce a draft concept plan that was shared with the community in a second round of consultation from 17 November to 17 December 2023.

5.3 Of the responses received, the following key themes were identified:

· Playground improvements including; improved safety, and wanting to see a range of equipment to accommodate all age groups and abilities

· Basketball was a preference over netball

· Path networks and park lighting were highlighted as needing improvements for accessibility and safety

· The grassed area and green space (including trees) are highly valued by the community

· Sol Green Community Centre surrounds to be better integrated with the park. This was accommodated through the removal of the community centre fencing. Please note upgrades to the community centre building itself are not part of this project.

5.4 Information received from the community during the consultation period was used to update the Concept Plan and progress to detailed design.

5.5 The final detailed design for Construction was shared via the Have Your Say Webpage in February 2025.

5.6 The Project webpage and Have Your Say webpage will continue to be updated as the project progresses to provide up to date information to the community and user groups.

6. LEGAL AND RISK IMPLICATIONS

6.1 Collaboration

This procurement complies with the S109 Local Government Act 2020 and our Procurement Policy and on opportunities for collaboration with other Council or public bodies.

Opportunities for collaborative procurement for this RFT were not considered practicable due to the specific nature of the works being procured coupled with the priority to release the tender to the market.

6.2 The recommended tenderer, Melbourne Landscape Group Pty Ltd hold public and product liability insurance, contract works insurance and work cover insurance equal to, or in excess of that specified in the tender terms and conditions.

6.3 Two bank guarantees of 2.5% each, as security for City of Port Phillip for the total of 5% of the contract lump sum will be required from Melbourne Landscape Group Pty Ltd.

6.4 The tender process has been conducted in accordance with Sections 108 and 109 of the Local Government Act 2020 and Council’s Procurement Policy

6.5 A probity advisor, Anne Dalton and Associates, provided probity advice throughout the procurement process and reviewed the tender and evaluation process to ensure that probity principles were adhered to.

6.6 As outlined in the attached confidential Tender Evaluation Panel report, an extensive financial risk assessment has been undertaken.

6.7 The TEP assessed the viability of the pricing by comparing the submitted elements of the lump sum to that of the cost plan prepared by the quantity surveyor prior to tender.

7. FINANCIAL IMPACT

7.1 A total budget of $1,337,811.00 exclusive of GST ($1,471,592.10 including GST) was allocated to the project.

7.2 The recommended total contract value, inclusive of separate cost items, required works contingency and contaminated soil provisional sum is within this allocated budget.

8. ENVIRONMENTAL IMPACT

8.1 The project retains all trees and current garden bed planting.

8.2 The new park will provide increased canopy cover, additional garden bed planting and tree planting.

8.3 Inclusion of nature play.

8.4 Upgrades will provide better protection layer to contaminated soil.

9. COMMUNITY IMPACT

9.1 The project will provide an upgraded open space and will align with Council’s vision to create a well-connected network of public spaces for all people that nurture and support the health, wellbeing, social connection, creative expressions, economy and environment of our community.

10. Gender Impact Assessment

10.1 A Gender Impact Assessment (GIA) was completed in May 2024.

10.2 During consultation, Council heard feedback relating to the importance of relocating the playground away from City Rd to improve safety, creating better access throughout the park for equal opportunities, including a variety of equipment in the playground, including accessible features for all ages and abilities to enjoy and improved lighting to improve safety using the park at night.

10.3 The playground and path networks were designed to enhance the experience for all users and to allow accessible opportunities for all with the inclusion of a variety of equipment for all age groups and users and the inclusion of clear, accessible pathways to all key parts of the reserve. Lighting was designed to improve perceptions of safety whilst using the park at night and all design decisions were in response to the recommendations of the GIA.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 Council Plan 2021-31 - Liveable Port Phillip, providing the community access to high quality public spaces.

11.2 Council's Public Space Strategy adopted 2021 which includes a short term (2021-2024) priority action for Sol Green, to 'Upgrade the park and play space to improve the character and quality of facilities, strengthening its role as a local community space’.

11.3 The tender process has been conducted in accordance with Sections 108 and 109 of the Local Government Act 2020 and Council’s Procurement Policy.

11.4 Sol Green Reserve Upgrade aligns to the following Council Plan Strategic Directions:

11.4.1 Inclusive Port Phillip

The Park upgrade will improve accessibility with new paths and accessible playground equipment and furniture.

11.4.2 Liveable Port Phillip

Quality public open space improves the liveability for the community.

11.4.3 Vibrant Port Phillip

Quality public open space increases visitation and improves vibrancy for the community.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

The next steps, are as follows:

· March 2025 – Subject to decision of Council, award main works package to Melbourne Landscape Group Pty Ltd.

· March to April 2025 – Communicate works program schedule to the community to inform of upcoming works.

· Late April 2025 – Melbourne Landscape Group Pty Ltd commence onsite construction works.

· Late August 2025 – Onsite construction completed.

12.2 COMMUNICATION

12.2.1 Council officers will update the project website regularly and on-site signage will be displayed to inform local residents.

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. Confidential- Sol Green Reserve - Tender Evaluation Report

Meeting of the Port Phillip City Council

19 March 2025

13.1	Australian Local Government Association 2025 National General Assembly of Local Government - Submission
Executive Member:	ROBYN BORLEY, DIRECTOR GOVERNANCE AND ORGANISATIONAL PERFORMANCE
PREPARED BY:	Elizabeth Cowin, Coordinator Advocacy, Grants & Partnership

1. PURPOSE

1.1 To seek Council’s in-principal endorsement of one (1) motion to be put forward to the 2025 National General Assembly of Local Government (NGA) in June 2025, hosted by the Australian Local Government Association (ALGA). The proposed motion calls on ALGA to take a greater role in advocating for community safety measures to support local communities.

2. EXECUTIVE Summary

2.1 Council has a strong commitment to advocating on behalf of the Port Phillip community. Submitting motions to the NGA supports Council’s practice of advocating through formalised partnerships and memberships.

2.2 The NGA will be held from 24 to 27 June 2025 in Canberra.

2.3 Motions from member councils on issues of nation-wide significance to local government are due by midnight on 31 March 2025.

2.4 This report recommends one (1) motion for ALGA to advocate regarding community safety and cohesion in collaboration with Glen Eira City Council.

3. RECOMMENDATION

That Council:

3.1 Endorse, in principle, submitting the following motion to the Australian Local Government Association (ALGA), in collaboration with Glen Eira City Council, to the 2025 National General Assembly (NGA) held between 24 and 27 June 2025:

Strengthening community services to enhance wellbeing and safety - That the National General Assembly calls on the Australian Government to strengthen and invest in community services by:

3.1.1 Fostering community safety and social cohesion through dedicated funding streams and resources for local councils to implement evidence-based community safety initiatives that promote social cohesion and inclusivity. These initiatives may include infrastructure improvements (e.g. improved lighting, clear and effective signage, graffiti removal, safer pedestrian routes), delivery of events, community engagement programs, and anti-discrimination measures.

3.1.2 Providing provisions to upgrade and increase stock of public place CCTV and mobile CCTV trailers where appropriate. This will enhance public safety, deter criminal activities, and assist law enforcement agencies in monitoring and responding to incidents more effectively.

3.1.3 Improving community wellbeing through:

1. ensuring more inclusive and accessible public spaces;

2. dedicated graffiti mitigation and removal programs;

3. expanding funding for mental health support services and social cohesion programs;

4. partnering with councils to deliver sustainable, local programs that address the impacts of rising living costs, with a particular focus on supporting the most vulnerable in our communities; and

5. delivering increased funding to support homelessness services and prevention initiatives, ensuring individuals receive assistance before reaching crisis levels.

3.2 Authorises the Chief Executive Officer, or their delegate to make any minor amendments that do not change the material intent of the Motion.

4. KEY POINTS/ISSUES

About ALGA and the NGA

4.1 The Australian Local Government Association (ALGA) is the national voice of local government, representing 537 councils across the country. In structure, it is a federation of state and territory local government associations.

4.2 One key service ALGA provides is raising the profile and concerns of local government at the national level by lobbying the Australian Government and Parliament on specific issues and running campaigns to secure agreed policy objectives.

4.3 ALGA’s members include:

· Local Government NSW

· Local Government Association of Northern Territory

· Local Government Association of Queensland

· Local Government Association of South Australia

· Local Government Association of Tasmania

· Municipal Association of Victoria

· Western Australian Local Government Association

4.4 ALGA’s policies and strategic priorities are determined by the ALGA Board, consisting of two representatives from each of the member associations and an independent chair. Their strategic priorities are to champion a strong local government sector focusing on:

· financial sustainability;

· roads and infrastructure funding;

· waste and recycling;

· stronger community resilience; and

· addressing the risk of climate change.

4.5 The 2025 National General Assembly (NGA) is a forum for local government to guide the development of national local government policies. It incorporates the Regional Cooperation and Development Forum.

4.6 This year’s NGA theme is ‘National Priorities Need Local Solutions’.

4.7 The City of Port Phillip is a member of the Municipal Association of Victoria, and therefore may be represented at the NGA.

4.8 Motions are being sought from member Councils on issues of nation-wide significance to local government.

Requirements for Submission:

4.9 Councils are invited to submit concise, practical, and implementable motions that align with one or more of the 12 identified priority areas including:

· Intergovernmental relations

· Financial sustainability

· Roads and infrastructure

· Emergency management

· Housing and homelessness

· Jobs and skills

· Community services

· Closing the Gap and Aboriginal and Torres Strait Islander Reconciliation

· Data, digital technology and cyber security

· Climate change and renewable energy

· Environment

· Circular economy

· Other issues

4.10 Motions must be submitted online by 31 March 2025 using the 2025 NGA “Call for Motions” form. The form is in a ‘survey’ format and requires that councils identify:

· category alignment with the priority areas;

· how the item is of national objective significance;

· that motion complements or builds on the policy objectives of the Council’s state or territory local government association; and

· that the motion has been the subject of a council resolution.

4.11 This motion will be submitted as a joint motion. Council officer engagement with counterparts at Glen Eira City Council has elicited that this topic has strong support and interest for both our local areas and the sector more broadly.

Background:

Motion: Strengthening community services to enhance wellbeing and safety

4.12 The full motion, including rationale, is at Attachment 1.

4.13 The Municipal Association of Victoria (MAV), a member of ALGA, note that “Local government plays a critical role in promoting community safety and supporting crime prevention activities at the local level, and are best placed to understand the needs of their community.” City of Port Phillip’s position is committed to ensuring that the municipality is a safe, liveable and just community.

4.14 Consistent with these positions, this motion calls on ALGA to advocate to the Federal Government for funding and resourcing support that will, in partnership with Local Government and other community organisations, support our local communities to feel safe and cohesive as a community.

4.15 Concerns have been raised by our community, including traders, about antisocial and illegal behaviour (including public drug and alcohol use, dealing, abuse and harassment of passersby). Council receives many complaints about the issue, its impacts upon amenity, safety, perceptions of safety and the appeal of high streets and other areas as vibrant, attractive and safe places to visit.

4.16 This motion as drafted will strengthen councils' capacity to deliver programs and services that address local and regional safety concerns and ensures more consistency in the allocation of resources for community safety across the nation. It also encourages partnerships between local government, community organisations, and state/federal governments to tackle systemic issues like racism, and discrimination (including the recent, alarming rise in antisemitism).

4.17 Submitting this motion collaboratively with Glen Eira City Council will amplify its impact and display our collective commitment to advocating for our communities, which share many like concerns and demographics, on this important issue.

5. CONSULTATION AND STAKEHOLDERS

5.1 These issues have been raised through consultation with community stakeholders, trader associations and are in line with in the Creative and Prosperous Cities Strategy and Council plan.

5.2 The 2025 NGV motion has been drafted in consultation with Glen Eira City Council.

6. LEGAL AND RISK IMPLICATIONS

6.1 The notice of motion proposed is consistent with Council’s role and powers as set out in the Local Government Act 2020 (Part 2- Division 1).

7. FINANCIAL IMPACT

7.1 Resourcing for community safety and social cohesion initiatives could become increasingly difficult to support from council budget.

8. ENVIRONMENTAL IMPACT

8.1 N/A

9. COMMUNITY IMPACT

9.1 Council receives many complaints from residents and traders about community safety and social cohesion, including the impact on safety, amenity, perceptions of safety and the appeal of high streets and other areas as vibrant, attractive and safe places to visit.

9.2 These issues are complex, and their resolution does not sit exclusively with the City of Port Phillip. Collaboration with other levels of government, police, health and other services are essential.

10. Gender Impact Assessment

10.1 N/A

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 The proposal aligns with Council’s Well-Governed Port Phillip service direction: A city that is a leading local government authority, where our community and our organisation are in a better place as a result of our collective efforts.

11.1.1 We will facilitate and advocate for:

· Other levels of government to recognise and be mindful of the impact on local government when making policy and legislative changes.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 Proposed motions to be submitted to ALGA by midnight on 31 March 2025

12.1.2 Accepted motions will be circulated to member councils and discussed at the 2025 NGA in June 2025 ahead of a vote from all Council representatives present.

12.2 COMMUNICATION

12.2.1 Councillors will be advised of the outcome of the 2025 NGA.

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. 2025 ALGA motion - Strengthening community services to enhance wellbeing and safety⇩

Meeting of the Port Phillip City Council

19 March 2025

13.2	Council Internal Resolution Procedure
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Mitchell Gillett, Coordinator Councillor and Executive Support

1. PURPOSE

1.1 To facilitate the adoption of the Council Internal Resolution Procedure (CIRP) which will be observed when dealing with alleged breaches of the Model Councillor Code of Conduct.

2. EXECUTIVE Summary

2.1 Section 140 of the Local Government Act (2020) provides that a Council must implement and adopt an internal resolution procedure in relation to dealing with alleged beaches of the Model Code of Conduct.

3. RECOMMENDATION

That Council:

3.1 Adopt the Council Internal Resolution Procedure.

3.2 Authorises the Chief Executive Officer, or their delegate, to make minor changes that do not materially alter the Council Internal Resolution Procedure.

4. KEY POINTS/ISSUES

4.1 Under the Local Government Act 2020 (the Act), effective from 26 October 2024, all Councillors in Victoria are required to observe the Model Code of Conduct.

4.2 The Model Code of Conduct replaces the previous statutory requirement for each Council to develop its own Councillor Code of Conduct.

4.3 The Model Code of Conduct establishes clear standards for the behaviour and responsibilities of Councillors.

4.4 It is designed to foster a spirit of cooperation and constructive collaboration among Councillors and the Council administration.

4.5 On Thursday 14 November 2024, City of Port Phillip Councillor-elects took their affirmations/oaths of office and made a declaration that they will abide by the Model Code of Conduct.

4.6 The councillor conduct framework is established under Part 6 of the Act and provides a hierarchy for the management of councillor conduct complaints to address different levels of misconduct.

4.7 In addition to the formal mechanisms described in the Act to manage Councillor conduct complaints, Section 140 of the Act provides that a council must implement and adopt an internal resolution procedure in relation to dealing with alleged beaches of the Model Code of Conduct.

4.8 Through this internal document, Councillors are encouraged to attempt to resolve any disputes, including disputes concerning alleged breaches of the Model Code of Conduct, through the Council’s own internal resolution procedure in the first instance.

4.9 Where a complaint has been made or dispute has arisen concerning an alleged breach of the Model Code of Conduct, the Councillors involved in the matter should, in accordance with the Council’s internal resolution procedure, use their best endeavours to resolve the matter in a courteous and respectful manner with a view to maintaining effective working relationships.

4.10 The internal resolution procedures of Councils are complementary to the formal Councillor Conduct Framework process and are a matter for each Council and the Councillors involved.

4.11 City of Port Phillip’s internal resolution procedure (attachment 1) is modelled off a template developed by Maddocks law firm.

4.12 Where a matter concerning an alleged breach of the Model Code of Conduct cannot be resolved internally, despite attempts to do so or where use of the Council’s internal resolution procedure is not appropriate, a Council, Councillor or group of Councillors can apply for an independent arbiter to be appointed to conduct an internal arbitration process under section 141 of the Act.

4.13 Alleged breaches of the Model Code of Conduct from a member of the public are not handled internally and are not subject to the Council Internal Resolution Procedure.

4.14 Alleged breaches of the Model Code of Conduct from a Council staff member should be brought to the CEO in the first instance.

5. CONSULTATION AND STAKEHOLDERS

5.1 Cr Louise Crawford, Mayor of the Day, was consulted in the development of the Council Internal Resolution Procedure. Councillors were briefed on the draft document and invited to provide feedback.

5.2 As the document relates to internal disputes, no community consultation was undertaken.

6. LEGAL AND RISK IMPLICATIONS

6.1 Section 140 of the Act provides that a council must implement and adopt an internal resolution procedure in relation to dealing with alleged beaches of the Model Code of Conduct.

6.2 Failure by Council to implement and adopt an internal resolution procedure may result in penalties being handed down by the Local Government Inspectorate.

7. FINANCIAL IMPACT

7.1 There is no financial impact as a result of this report.

8. ENVIRONMENTAL IMPACT

8.1 There is no environmental impact as a result of this report.

9. COMMUNITY IMPACT

9.1 The Council Internal Resolution Procedure is for dealing with alleged beaches of the Model Code of Conduct for internal purposes only.

9.2 There is no community impact as a result of this report.

10. Gender Impact Assessment

10.1 A Gender Impact Assessment is not required as a result of this report.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 Well Governed Port Phillip.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 The Council Internal Resolution Procedure will be in effect from the date of adoption.

12.1.2 Appropriate training and support will be provided to support the conciliator, should the internal dispute resolution document be enacted.

12.2 COMMUNICATION

12.2.1 Councillors will be able to access the Council Internal Resolution Procedure from the Councillor Hub.

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. Internal Resolution Procedure⇩

Meeting of the Port Phillip City Council

19 March 2025

13.3

CEO Employment and Remuneration Policy and CEO Employment Matters Committee Terms of Reference Review

Executive Member:

Robyn Borley, Director, Governance and Organisational Performance

PREPARED BY:

Julie Snowden, Head of Risk and Assurance

Daniel Lew, Executive Manager, People, Culture and Safety

1. PURPOSE

1.1 For Council to consider the review of the CEO Employment and Remuneration Policy and the CEO Employment Matters Committee Terms of Reference.

2. EXECUTIVE Summary

2.1 On 21 August 2024, Council adopted the revised CEO Employment and Remuneration Policy as required under Section 45 of the Local Government Act 2020 and noted the CEO Employment Matters Committee Terms of Reference had been reviewed in conjunction with the review of the Policy.

2.2 The review cycle of the Policy is at least every 2 years by the Committee and within 6 months after each Council election.

2.3 This paper meets that requirement.

3. RECOMMENDATION

That Council:

3.1 Adopts the CEO Employment and Remuneration Policy (Attachment 1), as required under Section 45 of the Local Government Act 2020.

3.2 Notes that the CEO Employment Matters Committee Terms of Reference (Attachment 2) has been reviewed and revised in conjunction with the review of this Policy.

4. KEY POINTS/ISSUES

4.1 Under Section 45 of the Local Government Act 2020, Council must develop, adopt and keep in force a CEO Employment and Remuneration Policy, with Section 45.2 of the Act requiring Council to obtain independent professional advice on the matters dealt with in the Policy.

4.2 Council adopted the current version of the CEO Employment and Remuneration Policy on 21 August 2024 and noted the CEO Employment Matters Committee Terms of Reference.

4.3 In line with the policy review cycle, Council must review the policy within 6 months after each Council election. This report meets that requirement.

4.4 In August 2024, the policy was extensively reviewed by the Executive Manager, People Culture and Safety in conjunction with Maddocks to ensure the policy aligns with legislative requirements and contemporary practices.

4.5 At its first meeting for the 2025 calendar year, the CEO Employment Matters Committee discussed both the CEO Employment and Remuneration Policy and the CEO Employment Matters Committee Terms of Reference (TOR). The Committee noted that no changes to the Policy were required and recommended it be adopted by Council in its current format. However, the Committee had a minor suggested change for the TOR – to reflect that the Committee should hold as a minimum 2 meetings per year. This change has been revised in the TOR.

4.6 The Governance area of MAV were consulted to confirm whether they had any guidance materials in relation to CEO Employment Matters for benchmarking / comparison purposes. They confirmed other than some introductory information included in the Mayoral Induction Pack they had nothing at present, however they are hoping to focus on this later this calendar year.

4.7 Benchmarking was undertaken with 7 other Councils (City of Melbourne, Knox, Darebin, Merribek, Geelong, Yarra and Central Goldfields) with regards to their CEO Employment Matters Committee TOR which identified each Council had interpreted their requirements slightly differently. Following this benchmarking, it was identified that no significant changes were required to Council’s existing TOR.

5. CONSULTATION AND STAKEHOLDERS

5.1 The CEO has been engaged in the review process of the CEO Employment and Remuneration Policy.

5.2 The CEO Employment Matters Committee have been engaged in the review process of both the CEO Employment and Remuneration Policy and the CEO Employment Matters Committee TOR, with support from the independent professional advisor.

6. LEGAL AND RISK IMPLICATIONS

6.1 The CEO Employment Matters Committee and the CEO Employment and Remuneration Policy continue to support the Council to effectively manage the CEO employment lifecycle and employment related matters and meet its obligations under the Local Government Act 2020.

7. FINANCIAL IMPACT

7.1 There are no direct costs associated with Council adopting the CEO Employment Remuneration Policy.

8. ENVIRONMENTAL IMPACT

8.1 There is no direct environmental impact resulting from the process or outcome of reviewing the CEO Employment and Remuneration Policy.

9. COMMUNITY IMPACT

9.1 The CEO Employment and Remuneration Policy will promote transparent and accountable decision making and enhance community confidence in Council’s decision making around CEO employment matters.

10. Gender Impact Assessment

10.1 Making CEO employment decisions in line with the CEO Employment and Remuneration Policy has no direct GIA impact on the community.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 This report aligns with the outcomes of Strategic Direction 5 – Well Governed Port Phillip, by ensuring Council meets its statutory obligations and enhances community confidence in decision making by providing a transparent and accountable process.

12. OFFICER MATERIAL OR GENERAL INTEREST

12.1 An independent advisor has been engaged to provide independent advice to the Mayor and Council on all CEO employment and remuneration matters. This paper has been prepared taking into consideration this independent advice.

12.2 The Officer/s who prepared this report have a role in supporting the Mayor and Council administer CEO employment and remuneration processes and decisions and have a general interest as employees of the Council.

12.3 This report documents the outcomes and recommendations of CEO Employment Matters / Processes and is not a recommendation of the Council officer/s.

ATTACHMENTS

1. CEO Employment and Remuneration Policy⇩

2. CEO Employment Matters Committee Terms of Reference⇩

Meeting of the Port Phillip City Council

19 March 2025

13.4	Advisory Committee Terms of Reference Adoption
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Mitchell Gillett, Coordinator Councillor and Executive Support

1. PURPOSE

1.1 To facilitate the adoption of the Terms of Reference documents for Council’s various advisory and reference committees.

2. EXECUTIVE Summary

2.1 Council’s various advisory and reference committees are governed by their respective Terms of Reference documents. At the beginning of a new Council term, the Terms of Reference documents are reviewed by Council officers, in conjunction with committee members and are then presented to Council for adoption.

2.2 The Terms of Reference documents for the various advisory committee that were adopted at the beginning if the 2020 Council Term were inconsistent in their branding and content.

2.3 There is no regulative guidance on what advisory committee Terms of Reference documents should contain. Instead, the content in the updated template was developed following a benchmarking exercise with other LGAs.

2.4 This has resulted in an updated suite of advisory committee Terms of Reference documents with consistent branding and content providing greater clarity around committee governance for Councillors and the community.

3. RECOMMENDATION

That Council:

3.1 Adopts the updated Terms of Reference documents for the:

· Business Advisory Group

· St Kilda Esplanade Market Reference Committee

· Friends of Suai Community Reference Committee

· LGBTIQA+ Advisory Committee

· Multicultural Advisory Committee

· Older Persons Advisory Committee

3.2 Authorises the Chief Executive Officer, or their delegate, to make minor changes that do not materially alter the Terms of Reference documents.

4. KEY POINTS/ISSUES

4.1 In preparation for the incoming Council in 2024, officers looked at what community facing areas of Council could be improved.

4.2 Council Committees were identified as an area that could benefit from an uplift.

4.3 A review of Council’s Advisory Committee webpage revealed an inconsistent suite of Terms of Reference documents using different templates and containing different headings and content.

4.4 As a result, a new Terms of Reference template was created to standardise the approach to Terms of Reference for Council’s committees.

4.5 The purpose of a new Terms of Reference template was to simplify the creation of these documents and to make it easier for Councillors and community members to read and understand.

4.6 The new Terms of Reference template was created by looking at the content from Council’s existing Terms of Reference documents as well as including content following a benchmarking exercise with neighbouring Councils.

4.7 The new Terms of Reference template was shared with Advisory Committee administrators to edit as required for their respective committees and share with committee members for review.

4.8 Following the appointment of Councillor Delegates to committees in December 2024, Councillors were also able to review the Terms of Reference documents for the committees they were appointed to.

4.9 It is a requirement that the Terms of Reference documents for Council Committees be adopted by Council.

4.10 The Audit and Risk Committee and CEO Employment Matters Committee are both statutory committees and were not included as part of this Terms of Reference review.

4.11 The following panels were also not included in the Terms of Reference review as they are subject to the Community Funding Policy and Grants Program Review currently underway:

- Community Grants Assessment Panel

- Cultural Development Fund Reference Committee

- Quick Response Grant Program Assessment Panel

- Rupert Bunny Foundation Visual Arts Fellowship Reference Committee

5. CONSULTATION AND STAKEHOLDERS

5.1 Administrators and members of Council’s Committees were provided with a copy of the updated Terms of Reference template for review and feedback.

6. LEGAL AND RISK IMPLICATIONS

6.1 Council’s Advisory and Reference Committees have no delegated authority.

6.2 Terms of Reference documents are developed in the spirit of good governance and provide guidance for the committees in relation to committee composition, committee operation, meeting frequency, conduct of committee members and committee administration.

7. FINANCIAL IMPACT

7.1 There is no financial impact as a result of this report.

8. ENVIRONMENTAL IMPACT

8.1 There is no environmental impact as a result of this report.

9. COMMUNITY IMPACT

9.1 The update to the Terms of Reference template for Council’s Committees is designed to standardise the look and the content of these Terms of Reference documents, making them easier for the community to read and understand.

10. Gender Impact Assessment

10.1 A GIA was not undertaken as part of the Advisory Committee Terms of Reference Review.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 Well Governed Port Phillip.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 The Terms of Reference documents will be in effect from the date of adoption.

12.2 COMMUNICATION

12.2.1 Advisory Committee administrators will be notified that the Terms of Reference documents have been adopted.

12.2.2 The Terms of Reference documents will be uploaded to Council’s website.

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. Business Advisory Group Terms of Reference⇩

2. St Kilda Esplanade Market Reference Committee Terms of Reference⇩

3. Friends of Suai Reference Committee Terms of Reference⇩

4. LGBTIQA+ Advisory Committee Terms of Reference⇩

5. Multicultural Advisory Committee Terms of Reference⇩

6. Older Persons Advisory Committee Terms of Reference⇩

Meeting of the Port Phillip City Council

19 March 2025

13.5	Status of Council Decisions and Questions taken on Notice Recorded by Council: 1 October - 31 December 2024
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Emily Williams, Council Business Advisor

1. 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 October to 31 December 2024 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 October to 31 December 2024.

2. EXECUTIVE Summary

Council Resolutions

2.1 The implementation status of Council Resolutions is a vital measure of Council’s performance. This process may also assist reporting for the Local Government Performance Reporting Framework.

2.2 There has been a total of 28 Resolutions (decisions) that have been made by Council, in Council and Planning Committee meetings open to members of the public, between the period of 1 October to 31 December 2024. Of these, 5 decisions remain open/outstanding.

2.3 There was one a further decision that was made in a Council meeting closed to members of the public. This confidential decision has been completed.

2.4 This report includes a further 21 decisions that remain outstanding and a further 4 decisions that have been completed from previous reporting periods (that is, prior to 1 October 2024).

2.5 This report is a report in time and is representative of decisions made by Council in the period 1 October to 31 December 2024.

Questions taken on notice

2.6 At each meeting, provision is made at the beginning for members of the public and for Councillors to ask general questions. Questions relating to a topic on the agenda are not permitted during this time however can be asked prior to the discussion of that item. When a question is unable to be responded to at the time, it is taken ‘on notice’ for a response to be provided.

2.7 The response status of Questions taken on Notice during Council meetings is a measure of Council’s engagement and communication with the community.

2.8 A total of two questions were taken on notice during the period 1 October to 31 December 2024 in Council meetings open to members of the public. A copy of the responses to each of these questions has been made available on the website: Meetings and Agendas - City of Port Phillip

2.9 A summary of responses to questions taken on notice during this reporting period are contained in Attachment 3 to this report.

3. RECOMMENDATION

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.

4. KEY POINTS/ISSUES

4.1 Accountability is a fundamental requirement of good governance. Council has an obligation to report, explain and be answerable for the consequences of decisions it has made on behalf of the community.

4.2 Reporting on the progress of the implementation of Council resolutions provides Council with the information it needs to demonstrate its accountability to the community.

4.3 Decisions of Council should be implemented in an effective, timely, appropriate, and responsive manner that makes the best use of the available people, resources, and time to ensure the best possible results.

4.4 Council Resolutions

4.4.1 A resolution made by Council is when an officer recommendation or a Councillor’s motion is adopted at a Council Meeting or Planning Committee (i.e., a decision has been made). Once a decision on a recommendation has been made, it turns into a resolution. These resolutions are tracked through an internal system.

4.4.2 Attachments 1 and 2 of this report include a summary of the actions taken to implement resolutions where required, or confirmation that Council has noted items where appropriate. The summary of actions has been compiled and divided into the following categories:

· Status of Resolutions made at Council Meetings – Outstanding

· Status of Resolutions made at Council Meetings and Planning Committee Meetings – Completed

4.4.3 The Status of Resolutions documents include resolution of officer’s reports, notices of motion, petitions and joint letters, and items of urgent business. Resolution of procedural motions (i.e., attendances and apologies, closing the meeting to discuss confidential items) have not been included.

4.4.4 Some of the reasons that resolutions have not been fully implemented may relate to consultation processes being undertaken, awaiting legal advice, or waiting for documents to be executed.

4.4.5 Where it is expected that a resolution may take a longer time to fully implement, the expected completion date has been extended.

4.5 Questions taken on notice

4.5.1 At each meeting, provision is made at the beginning for members of the public and for Councillors to ask general question/s. Questions relating to a topic on the agenda are not permitted during this time but can be asked prior to the discussion of that item. When a question is unable to be responded to at the time, it is taken ‘on notice’ for a response to be provided.

4.5.2 Attachment 3 of this report includes a summary of questions asked and a link to where the responses to those questions has been published on Council’s website.

5. CONSULTATION AND STAKEHOLDERS

5.1 This report provides Council and the community with an update on the implementation of outcomes of council decisions.

6. LEGAL AND RISK IMPLICATIONS

6.1 If decision-making is open and able to be followed by observers, it is more likely that all relevant legal requirements will be complied with.

7. FINANCIAL IMPACT

7.1 There are no financial impacts arising from this report.

8. ENVIRONMENTAL IMPACT

8.1 There are no environmental impacts arising from this report.

9. COMMUNITY IMPACT

9.1 Making decisions and having to account for them in an open and transparent way encourages honest consideration of issues by Councillors and promotes community confidence in the decision-making process.

9.2 Members of the community should be able to follow and understand the decision-making process. This means that they will be able to clearly see where a decision was made, and how this decision was implemented.

10. Gender Impact Assessment

10.1 This report is a status report of decisions made by Council and does not require a Gender Impact Assessment to be completed.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 Reporting on the progress of council resolutions delivers on Direction 5 of the Council Plan (Well Governed Port Phillip), by providing a transparent and good governance approach to decision making.

11.2 Good decision-making processes helps people feel that Council will act in the community’s overall interest. It also encourages Councils to remember that they are acting on behalf of their community and helps them to understand the importance of having open and ethical processes which adhere to the law and stand up to scrutiny.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 Council receives ongoing reporting on the status of implementation of Council Decisions, and questions taken on notice at Council Meetings, on a quarterly basis.

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. Outstanding Decisions as at 31 December 2024 - Council Meetings⇩

2. Completed Decisions 1 October - 31 December 2024 - Council Meetings⇩

3. Responses to questions taken on notice 1 October - 31 December 2024⇩

Meeting of the Port Phillip City Council

19 March 2025

13.6	Councillor Expenses Monthly Reporting - February 2025
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Mitchell Gillett, Coordinator Councillor and Executive Support

1. PURPOSE

1.1 To report on the expenses incurred by Councillors during February 2025 in accordance with the Councillor Expenses and Support Policy.

2. EXECUTIVE Summary

2.1 The Local Government Act 2020 requires Council to maintain a policy in relation to the reimbursement of out-of-pocket expenses for councillors and members of delegated committees. Council endorsed its Councillor Expenses and Support Policy at the Council Meeting held on 19 June 2024.

2.2 The policy requires a monthly report on Councillor allowances and expenses to be tabled at a Council meeting in addition to publishing the monthly report on Council’s website.

2.3 The report outlines the total amount of expenses and support provided to Councillors and is detailed by category of support. Any reimbursements made by Councillors are also included in this report.

3. RECOMMENDATION

That Council:

3.1 Notes the monthly Councillor expenses report for February 2025 (attachment 1) and that this will be made available on Council’s website.

4. KEY POINTS/ISSUES

4.1 The Local Government Act 2020 (the Act) provides that councillors and members of delegated committees are entitled to be reimbursed for bona fide out-of-pocket expenses that have been reasonably incurred while performing their role, and that are reasonably necessary to perform their role.

4.2 The management of expenses is governed by the updated Councillor Expenses and Support Policy (the Policy), developed in accordance with the requirements of the Act and adopted by Council on 19 June 2024.

4.3 The Policy sets out the process for submitting requests for support and/or reimbursement. All requests are required to be assessed by officers prior to processing.

4.4 All requests for reimbursement must be lodged with officers for processing no later than 30 days from the end of the calendar month, except for the month of June where claims must be submitted within 7 days. Claims for reimbursement lodged outside this timeline will not be processed unless resolved by Council.

4.5 To accurately capture expenses, monthly reports are prepared no earlier than
30 days following the end of the month and generally reported at the next available Council meeting cycle. This means that reports are generally presented in a 2-3 month rolling cycle.

4.6 Notes the variations in Phone and Communications charges is due to the number of devices requested by those Councillors, such as the use of an iPad as well as a mobile phone.

4.7 Notes the Phone and Communications charges are significantly higher for this period as the annual subscription charges for The Age and Herald Sun websites have been include in this category.

4.8 The ‘Travel’ charges attributed to each Councillor are the for the set-up of Councillor myki cards and the first top-up of funds to these myki cards.

5. CONSULTATION AND STAKEHOLDERS

5.1 No community consultation is required for the purposes of this report.

5.2 A copy of Councillor expense reporting will be provided to the Audit and Risk Committee.

6. LEGAL AND RISK IMPLICATIONS

6.1 The provision of expenses and support to Councillors is governed by the Local Government Act 2020, and Council’s adopted policy.

7. FINANCIAL IMPACT

7.1 Provision of support and expenses for Councillors is managed within Council’s approved operational budgets.

8. ENVIRONMENTAL IMPACT

8.1 There are no direct environmental impacts as a result of this report.

9. COMMUNITY IMPACT

9.1 This report provides to the community transparency and accountability by publicly disclosing expenses and support accessed by Councillors.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 Reporting on Councillor expenses delivers on Strategic Direction 5 – Well Governed Port Phillip.

11. IMPLEMENTATION STRATEGY

11.1 Council reports to the community monthly on the expenses and reimbursements provided to Councillors.

11.2 Officers will publish monthly expense reports to Council’s website once adopted.

12. OFFICER material OR general INTEREST

12.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. Declaration of Councillor Expenses - February 2025⇩

13.7	Records of Informal Meetings of Council
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Emily Williams, Council Business Advisor