Agenda and minutes

Vale Kira Hennessy

The Mayor read the following statement:

“I wish to acknowledge the passing of Kira Hennessy and offer our sincere condolences to Kira’s family and loved ones. Kira tragically lost her life in a horrific three car collision at the intersection of Queens Road and Beenak Road, Wandin North on the 17^th of January. Kira was the Marketing Communications Coordinator at Cherry Hill Orchards - hence the relationship with the Riseborough Family proprietors of Cherry Hill Orchards.

Yesterday I met with Mr & Mrs Cliff Riseborough at the family home on Queens Road, Wandin North. A meeting that will be everlasting in my memory, expressing their devastation and bereavement at the loss of Kira.But more than that - this meeting was a stark reminder of how important it is for all levels of government to continually review and improve safety on our roads - and that is something we are absolutely committed to.

Cliff Riseborough has been working on a discussion paper to raise community and all levels of Government awareness to this serious road safety issue. 

I now table that discussion paper for Council’s Traffic & Transport team investigation and liaise with Mr Riseborough to report back to a future Council Forum.

I would like to take this opportunity to assure the community that the Yarra Ranges Council Traffic & Transport team is working closely with the appropriate authorities and conducted a Safety Audit last week to determine short and long-term work to improve the safety of the Queens Road and Beenak Road intersection.

I would like to finish with some of Cliff’s words, “We do not wish to attend Funerals of our employees who never made it to work.” Our thoughts are with Kira's family, loved ones and friends. 

In accordance with Chapter 7, Rule 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

In accordance with Chapter 7, Rule 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

There were no disclosures of conflicts of interest made for this meeting.

In accordance with Chapter 3, Rules 57 and 59, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

In accordance with Chapter 3, Rules 57 and 59, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

QUESTION FROM THE PUBLIC

Question from Belinda Bernardini of Chirnside Park:

Does Council fly drones (registered or unregistered) over private properties in the Yarra Ranges Council area without the consent of residents and if so, can you please advise the "legal" purpose of such activity? 

Response from Nathan Islip, Acting Director Planning Design & Development:

Thank you for yourquestion, Belinda. 

Most aerial imagery used for delivering Council’s services is procured through mainstream third parties who meet all regulatory requirements, consistent with all other local governments in Victoria.  This covers all land within the municipality including private properties. 

In some instances, drones are used by Council officers to assist with inspecting difficult to access tree canopy, environmental stewardship communications onlarge scale landscapeprojects and sustainability story telling.  Drones have also been used to assist with weed mapping and deer management assessments in the Dandenong Ranges in partnership with environmental volunteer groups. 

Some companies engaged by Council may also use drones to carry out inspections of Council-owned buildings, especially rooves, or for stock image photographic purposes.   

Any drone use is guided by the requirements of the Civil Aviation Safety Authority who regulate and control the safe and appropriate use of drones in Victoria. 

In accordance with Rule 77 of the Governance Rules, the Mayor called for the meeting to be adjourned at 7.18pm and requested members of the public, who had not registered to speak, to leave the gallery.

Cr Child, Cr McAllister, Cr Eastham, Cr Skelton, Cr Todorov left the meeting at 7.18pm

Cr Heenan left the meeting (videoconference) at 7.18pm

Cr Cox and Cr Fullagar left the meeting at 7.19pm

In accordance with Section 66 (2)(c) of the Local Government Act 2020 and Rule 77 of the Governance Rules, the Mayor re-convened the meeting at 8.59pm with registered speakers in attendance and the gallery closed to the general public.

Cr Child, Cr McAllister, Cr Eastham, Cr Skelton, Cr Todorov, Cr Heenan, Cr Cox and Cr Fullagar returned to the meeting at 8.58pm

The meeting resumed at 8.59pm with all Councillors present.

Question from David Ricciuti of Silvan:

Answers to questions posed re Monbulk UDF have still not been completed and the public exhibition started in Dec. We all agreed that the info needed to be clear & questions answered for clear public info of what is proposed. When will the information be available &because it isn't, shouldn’t the exhibition be extended to allow for the delay? UDF stated there would be a community meeting with a presentation/Q&A session. There's no mention of it on the website.  

When will this & pop-up stall at a market be held? 

Response from Nathan Islip, Acting Director Planning Design & Development:

Thank you for your question, David. 

As advised in our recent phone conversations, we  ...  view the full minutes text for item 8.

In accordance with Chapter 3, Rule 60, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

In accordance with Chapter 3, Rule 60, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

There were no Petitions received for this meeting.

SUMMARY

·                The property owners have their gin distilled at ‘Alchemy Distiller’ (gin manufacture and a food and drinks premise) for the last 5 years, at 242 Maroondah Highway, Healesville. The property owners seek to relocate their current gin manufacturing operation to the subject site to capitalise on the rural setting and rural tourism environment experience with their manufacturing product.  

·                The site is approximately 36 hectares in size, with several existing agricultural outbuildings; two of which are sought to house the distillery making, manufacture sales (cellar door), and restaurant (café) / function centre. 

·                This proposal contributes to the Shire’s strategic direction in offering tourism activities coupled with the agricultural activities occurring on the land, and activities where patrons are attracted to experience the Shire’s rural landscape offerings. The proposed use complements the distinctive rural and green wedge character and integrates tourist related facilities.

·                The proposed provides an important additional source of new employment and additional tourism opportunities for the Shire’s growing and advocated tourism culture and identity in key areas of agricultural and environment. The proposed land uses are likely to generate an opportunity to exchange economic benefit from a variety of existing local rural economies, including other tourism related offerings.

·                Anticipated traffic generated for this proposal is suitably managed by directing traffic to/from a new access point along Old Healesville Road and recommending conditions seeking road works to completed to effectively manage through traffic and turning in the site.

·                The proposed car park area, located mid-way on site, and accessed from Old Healesville Road, via an internal accessway, are a sufficient distance away from the adjoining properties to minimise potential adverse impacts to the adjoining properties.

·                The subject proposal, excluding the function centre, strongly aligns with Planning Policy objectives and the Zone purpose which, encourages tourism related activities within a rural environment that is associated with the agricultural use of the land.  

·                The proposed patron numbers and operation hours raise potential amenity impacts for the surrounding land uses. To minimise adverse impacts, particularly with noise impacts, a series of amenity and noise management conditions are recommended. These conditions include non-support for the function centre land use. 

·                The distillery is deemed to be a Rural Industry then the associated uses, restaurant, function centre, manufacturing sales, can be approved as they are in conjunction with the rural industry.  It is not exclusively in “conjunction with” agriculture but can be in conjunction with other stated uses.  The produce used in the processing does not need to be grown on the land in its entirety however, the rural industry must be the predominant use. 

·                The application proposes several land uses that have a genuine close relationship with each other. However, Council Offers are concerned with the function centre land use, and the potential for other land uses, to become the more dominant feature other than the rural industry. As such the proposal would be prohibited under the provisions of the planning scheme if this was the case.  

·                Whilst the rural industry operation and its  ...  view the full minutes text for item 10.1

SUMMARY

This report recommends appointments to the new Community Health & Wellbeing Advisory Committee (HWAC) committee to Council. It allows for community voice and a consultative process for a wide range of activities and initiatives, as well as advice to support Council’s decision making and monitors the achievement of objectives of the Municipal Health and Wellbeing Plan.

The Health & Wellbeing Advisory Committee is appointed by Council for a 4 year term. The process for recruiting a new advisory committee has been conducted and recommendations are presented in this report for Council endorsement.

SUMMARY

This report summarises the evaluation process and seeks Council approval for the award of the contract for the first two stages of Victoria Road, Road Rehabilitation works stage A and stage B from Macintyre Lane to driveway of property no.193 Victoria Road, Coldstream.

The Evaluation Panel recommends the tender from TDM Earthworks Pty Ltd be accepted for a lump sum contract amount of $1,497,939.47 GST exclusive including provisional items ($1,647,733.42 GST inclusive).

The works includes pavement reconstruction, kerb and channel replacement, subsoil drainage, asphalt and line marking works.

EXTENSION OF TIME LIMIT FOR THE MEETING

In accordance with Chapter 3, Division 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

In accordance with Chapter 3, Division 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

There were no Councillor motions listed on the agenda for this meeting.

12.1    Community Recover Grants

Cr McAllister noted the second round of community recovery grants are now open and thanked the four Community Recovery Committee’s for the work that has been accomplished.

12.2    Australia Day Awards and Citizenship

Cr Heenan noted the success of the Yarra Ranges Council Australia Day Citizenship and Awards ceremony and thanked Council that helped organise the day. He also noted there was a great feeling of connection to the community on the day.

The Mayor also acknowledged the Council staff for their contribution to the day.

Cr Skelton

-           Extended an invitation to fellow Councillors to attend the upcoming Sustainable Environment Advisory Committee meetings.

Cr Child

-           Noted, as the Municipal Association of Victoria delegate, that the Municipal Association of Victoria Board election nominations were now open.

-           Attended a meeting with the Executive Officer of the Eastern Regional Group of Councils at Yarra Ranges Council Civic Centre on 30 January 2023. The Deputy Mayor was also in attendance.

In accordance with Clause 87 of the Meeting Procedures and Use of Common Seal Local Law 2015, as prescribed by Section 14(2)(c) of the Local Government Act 2020.

In accordance with Clause 87 of the Meeting Procedures and Use of Common Seal Local Law 2015, as prescribed by Section 14(2)(c) of the Local Government Act 2020.

There were no Documents for Signing and Sealing received for this meeting.</AI24><AI25>

In accordance with Chapter 3 Rule 24 of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

There was no Urgent Business received for this meeting.

In accordance with section 66(2)(a) of the Local Government Act 2020.

In accordance with section 66(2)(a) of the Local Government Act 2020.

There were no Confidential Items listed on the agenda for this meeting.