Agenda and minutes

The Mayor read the following statement:

Before we start tonight’s formal proceedings, I wish to take some time to comment on the recent Supreme Court matter brought against Yarra Range Council. That is Dickson verses Yarra Ranges Council.

On Friday Council welcomed the decision by Her Honour Justice Richards at the Supreme Court of Victoria to dismiss the case against Yarra Ranges Council and award cost.

Throughout this court case, the plaintiff has criticised Council for our management of Council meetings and the community engagement processes undertaken in the development of a Draft Urban Design Framework for the Monbulk community. 

I want to be explicitly clear that public participation with Council is of the utmost importance to our organisation.  Not only do we understand the importance of engaging with our community, but we also actively seek it out.  We are pleased that the Court has recognised the measures that Council staff undertook in trying to engage with as many people as possible in the Monbulk area about the development of the Draft Urban Design Framework.

We are also delighted that the Court supported Council in the temporary closure of our physical public gallery and introduction of a registration process for people attending Council meetings. The safety of our staff, councillors and the community will always be our number one priority and we are happy that the Supreme Court shared the view that our actions were and continue to be appropriate and lawful.

I would like to thank all those community members that have reached out and shown support whilst this court case was undertaken.  I would also like to thank Council officers who take great pride in their work and uphold the highest standards when it comes to public participation and engaging with our community.

I look forward to the presentation of the Draft Monbulk Urban Design Framework during a future Council meeting and the continuation of orderly and safe Council meetings for the betterment of the whole community.

Thank you.

The Mayor acknowledge former Councillor and Mayor Tony Stevenson in the Gallery.

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.

QUESTIONS FROM THE PUBLIC

Tony Stevenson of Montroseasked;

One question in two parts:

A) Please break down the significant expenditure for the tree at 3457 Warburton Highway, Warburton for period 1 Jan - 30 June 2023 into the following two categories

1/ Tree safety work - including arborist reports and tree surgery to reduce risk to public

2/ All other costs incurred

B) As this significant expenditure, for a single tree in a single town, please explain why the ~98% of ratepayers who don't live in Warburton will be bearing most of the cost?

Hjalmar Philipp, Director Built Environment and Infrastructure:

Thank you for your question Tony.

The total expenditure was $477, 586, with a breakdown as follows:

Tree work- $76,495

Security chain and padlocks $5,091

Traffic Management- $4,000

Fencing- $12,000

Security- $380,000

All these costs relate to reasonable measures as required as part of Council’s obligations under the Occupational Health and Safety Act 2004 (Vic) to address the known and very serious risk arising from the Warburton Tree. 

All these costs were significantly increased as a result of the delays to undertake the necessary safety work.

An insurance claim is being pursued in relation to these costs.

Cost associated with the Warburton tree were not forecast in the 2022/23 operational budgets and, therefore, came out Council's consolidated budget which isn’t built on a geographic basis.

QUESTION 2

Tracey Martens of MontroseMonbulk;

YRSC previously stated on 13/6 that FOGO was a Victorian Government requirement and there is no opt out option of the FOGO bin. On page 26 of the Victorian Government Recycling document, it states that the 4 bin system may not be suitable in all areas, in particular for people who already compost or have worm farms. Please advise why this council is being unreasonable and not working with residents to achieve an outcome that is beneficial for all households?

Kath McClusky, Director Planning and Sustainable Futures:

Thank you for your question Tracey.

The new Circular Economy Act 2021, Part 5 states “A council must provide municipal food organics and garden organics service to land in its municipal district that is used primarily for residential purposes.”

Your reference to page 26 of The Recycling Victoria - A New Economy Policy  relates specifically to dwelling types such as large apartment buildings or more remote areas and is not a general statement for all properties that have home composting or a worm farm.

The majority of the costs for Council to provide the FOGO service is attributed to trucks, fuel and labour. There are no cost benefits or savings to Council for opt out services as the major operating costs remain the same because trucks still need to travel past the property. Council has taken the position that this will be a municipal wide service, noting that a reduction in people  ...  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 Municipal Association of Victoria (MAV) will hold the next State Council meeting on Friday 13 October 2023. The MAV has called for councils to submit proposed motions to be considered at the meeting. If supported by the member councils, motions become resolutions and policy positions of the MAV.

SUMMARY

This report summarises the recent annual adjustment to allowances payable to Mayors, Deputy Mayors and Councillors which are set by the Victorian Independent Remuneration Tribunal (the Tribunal). The consolidated Determination has been included in Attachment 1.

The revised allowances payable to the Mayor, Deputy Mayor and Councillors takes effect 1 July 2023.

SUMMARY

In December 2022 CMF Consulting was engaged to undertake a review of the funding and lease agreements between Council and Japara Inc (Japara). The scope of the review included the facilities and funding that make up the Kilsyth Community Hub managed by Japara Inc.

The review, including the final report was overseen by a Project Reference Group (PRG) comprising Council officers and Japara board representatives. The review recommendations propose changes to the lease agreements, increased facility operational funding and improved relationship management and governance. The review also includes proposed changes in ownership of assets and some changed responsibilities for maintenance of the Kilsyth Community Hub (the Hub).

The recommendations have financial implications for Council that relate to changed maintenance responsibilities and hub management arrangements for this and potentially future Council community hubs.

This report outlines a summary of the review findings and provides relevant recommendations.

In accordance with Governance Rule 58, Mark Doubleday spoke in support of the recommendation included in the officer report.

SUMMARY

This report summarises the evaluation process and seeks Council approval for two tenderers to be accepted onto a panel of providers for the Provision of Pavement and Linemarking Services CT7246.

The initial contract term is for three (3) years with the option to extend the contract for two (2) additional terms of two (2) years each.

The recommendation on this report has been formally endorsed by the evaluation panel.

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    Betty Marsden AOM

Cr Skelton noted long-time president of the Save the Dandenongs League, Betty Marsden OAM, has stepped down from the role after more than three decades. Ms Marsden announced at the committee's AGM after 37 years in the position. Cr Skelton also noted Betty’s upcoming 93^rd birthday.

12.2    Ann Ferguson

Cr Skelton noted long-time Maternal & Child Health Nurse will be retiring after many year of service to Yarra Ranges Council. Cr Skelton thanked her for her dedication and service.

Cr Fullagar

-           Attended Eastern Transport Coalition Meeting held on Thursday
17 August 2023 via videoconference.

Cr Skelton

-           Attended Municipal Association of Victoria Councillor Gender Equality Training held on Thursday 17 August 2023 at the MAV Office, Melbourne.

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.