Agenda and minutes

Council Meeting - Tuesday, 23rd July, 2024 7.00 pm

Venue: Council Chamber - Civic Centre and via Videoconference. View directions

Contact: Governance 1300 368 333 

Note: 608th 

Items
No. Item

5.

MAYORAL ANNOUNCEMENTS pdf icon PDF 27 KB

Minutes:

There were no Mayoral Announcements for this meeting.

6.

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS pdf icon PDF 28 KB

Minutes:

 

Moved: Cr Skelton
Seconded: Cr Higgins

That the Minutes of the Council Meeting held Tuesday 9 July 2024, as circulated, be confirmed.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Eastham, Cr Higgins, Cr Skelton, Cr Todorov,
Cr Child, Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

 

7.

DISCLOSURE OF CONFLICTS OF INTEREST pdf icon PDF 66 KB

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.

Minutes:

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.

8.

QUESTIONS AND SUBMISSIONS FROM THE PUBLIC pdf icon PDF 49 KB

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.

Minutes:

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 TO COUNCIL

 

Michelle de Lima of Lilydale asked;

 

Did Council Officers conduct both a Privacy Impact Assessment & Gender Impact Assessment on the 2024-2025 Yarra Ranges Council budget? If yes, where can I find a copy of the PIA and GIA? If no, why not?

 

Andrew Hilson, Director Corporate Services.

 

Thank you for your question, Michelle.

No, Yarra Ranges Council did not undertake a formal Privacy Impact Assessment (PIA) or Gender Impact Assessment (GIA) in the development of the Annual Council Budget; however the principles of both privacy and gender impacts are considered as part of all Council activities.

Privacy and Gender Impact Assessments are required to be undertaken in accordance with the Privacy Act and the Gender Equality Act, respectively, in circumstances where, in the case of Privacy, personal and private data is collected or involved or (in the case of Gender) where the impact of Council strategies and services on different genders should be considered, and as appropriate in alignment with local government best practice guidelines.

Our Council Budget is an overarching strategic financial roadmap that provides a financial framework for all of the services and strategies to be delivered by Council in the coming year. As each separate strategy or service considered in the Budget is developed throughout the year, Privacy and Gender Impact Assessments are carried out at a strategy or program level where relevant.

 


 

Michelle de Lima of Lilydale asked;

 

Did Council Officers conduct both a Privacy Impact Assessment & Gender Impact Assessment on the Yarra Ranges Council Housing Strategy & Planning Scheme Amendments on the Draft & final submission to State Government? If yes, where can I get a copy of the PIA and GIA? If no, why not?

 

Kath McClusky, Director Planning & Sustainable Futures.

 

Thank you for your question, Michelle.

I refer to the response to the previous question in relation to Privacy and Gender Impact Assessments.

However, Council has prepared a Gender Impact Assessment as part of preparing the Housing Strategy.  A summary of the assessment’s findings were included in the 11 June 2024 Council report, and the consultation and engagement reports. Council’s practice is not to release the full details from these internal assessments.

A project-specific Privacy Impact Assessment was not undertaken. The Housing Strategy was developed using the processes documented in the Community Engagement Policy which has been informed by contemporary Privacy principles.  

The associated Planning Scheme Amendment has not yet commenced with no submissions made to the State Government to date. 

 

 


 

SUBMISSIONS TO COUNCIL

 

Youth Voice in Emergency Management

Year 8 Students, Olivia, Jack, and Eleonore, from Upwey High School presented to Council the collaboration of students and Emergency Service Agencies to improve the awareness of the School’s Bush Fire Plan.

Cr Child left the meeting at 7.27pm and returned to the meeting at 7.28pm.

Badger Creek Community Group

Rachael Davidson, from the Badger Creek  ...  view the full minutes text for item 8.

9.

PETITIONS pdf icon PDF 73 KB

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.

Minutes:

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.

 

10.

BUSINESS PAPER

10.1

Amendment C212 - Monbulk DDO - Request for Authorisation to Commence Exhibition pdf icon PDF 271 KB

Additional documents:

Minutes:

SUMMARY

Amendment C212 proposes to implement Action 16 from the Monbulk Structure Plan (adopted by Council in 2017) and Action A29 from the Monbulk Urban Design Framework (adopted in 2023) by applying a Design and Development Overlay to the Monbulk Town Centre and introducing a planning policy for the Monbulk Township into the Yarra Ranges Planning Scheme to guide new development in Monbulk.

Monbulk already has town centre planning controls through a Design and Development Overlay Schedule 12 (DDO12), however these are general controls that are applied across Healesville, Monbulk, Seville, Warburton, Yarra Glen and Yarra Junction. The current Amendment C212 is proposing a new unique Planning Overlay control that is specific to Monbulk and is a refinement of the DDO12 to suit the topography and character of Monbulk. These changes will replace the existing controls for new development in Monbulk and will provide specific and tailored design requirements for the town centre to guide new development based on the design requirements in the Urban Design Framework.

The proposed local policy will apply to the Monbulk Town Centre and include strategies for commercial precincts, industrial precincts, residential (including residential built form) and transport and access identified in the Structure Plan.

In order to commence the amendment process, Council must seek authorisation from the Minister for Planning to prepare and exhibit an amendment which is the focus of this report.


 

In accordance with Governance Rule 58, Aimee te Boekhorst spoke in support of the recommendation included in the officer report.

In accordance with Governance Rule 29.1, Cr Eastham and Cr Child spoke to the Motion.

Moved: Cr Eastham
Seconded: Cr Child

That Council

1.         In accordance with the requirements of the Planning and Environment Act 1987, request the Minister for Planning to authorise the preparation of Amendment C212 to the Yarra Ranges Planning Scheme that proposes to include a new schedule to the Design and Development Overlay for the Monbulk Town Centre (DDO21) and a new local policy for the Monbulk Township, and the removal of reference to Monbulk under the existing DDO12 generally in accordance with the attachments.

2.         Subject to the Minister’s authorisation, publicly exhibit Amendment C212 to the Yarra Ranges Planning Scheme.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Eastham, Cr Higgins, Cr Skelton, Cr Todorov,
Cr Child, Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

10.2

Mt Evelyn Reading Room Tender pdf icon PDF 201 KB

Additional documents:

Minutes:

SUMMARY

This report summarises the evaluation process and seeks Council approval for the tender for contract CT7516 to operate the Mount Evelyn Station House Reading Room. The tender was opened 18 May 2024, prior to the current contract ending in August 2024. Submissions were invited from locally governed organisations with a demonstrated commitment to community development, lifelong learning and experience in delivering like services, programs and activities that contribute to community wellbeing.

Services to manage the Mount Evelyn Reading Room are required from 1 Sept 2024 or if the tender process is delayed, a mutually agreed date shortly thereafter. A service agreement will be granted until 30 June 2029, with options for two extension of a further two years each, at Council’s discretion.

Tenders closed 19 June 2024 and one (1) submission was received.  Details of the evaluation process and recommendation are contained in the confidential attachement to this report.

This item has been included in the public agenda to facilitate openness and transparency in Council’s decision making. A confidential attachment has been included with the report which contains sensitive information that is not to be disclosed whilst the meeting is open to the public.

In accordance with Governance Rule 29.1, Cr Heenan and Cr McAllister spoke to the Motion.

Moved: Cr Heenan
Seconded: Cr McAllister

That

1.         Council awards the tender from Mount Evelyn Community House Inc. for an annual price of $103,590.00 (exclusive of GST) with an annual increase in line with the rate rise set by Council.

2.         A service agreement will commence 1 Sept 2024 until 30 June 2029, with two (2) extension options of a further two (2) years each, at Council’s discretion.

3.         The Manager Community Support be delegated authority to extend the contract in line with the terms set out in the agreement.

4.         The Director Communities be delegated authority to sign the deed and related documents.

5.         The confidential attachment to this report remains confidential indefinitely as it relates to matters specified under section 3(1)(g)(i)(g)(ii) of the Local Government Act.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Eastham, Cr Higgins, Cr Skelton, Cr Todorov,
Cr Child, Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

10.3

Valuer General Supplementary Rate Adjustment 2024-2025 Financial Year pdf icon PDF 150 KB

Additional documents:

Minutes:

SUMMARY

A minor adjustment is required to the annual rate setting process for the 2024-2025 financial year. The adjustment has been identified prior to the striking of rates for the 2024-2025 financial year and formal endorsement from Council is sought via this report. 

This matter has arisen as a result of Council receiving supplementary valuation changes from the Valuer General of Victoria (VGV) in the period between when the 2024-2025 final draft budget was submitted to Council for adoption and prior to 30 June 2024. This has resulted in a revised rate base calculation to be used in determining the 2024-2025 rating levels, which differs from the rate base used in the adopted 2024-2025 budget.

The rate in the dollar can be corrected prior to generating annual rates notices to ensure residents are correctly rated, and to ensure Council remains compliant with the rate cap. Acknowledgement of this change, and revisions to the rate in the dollar and rating data in the 2024-2025 budget requires approval by Council.

Whilst procedural in nature, it is important to formally and transparently acknowledge and effect this adjustment. If not adjusted, the 2024-2025 rating procedure would otherwise result in Council charging an overall rate increase of 2.94 per cent, which is above the 2.75 per cent approved rate cap increase in 2024-2025. This change represents approximately $3.97 reduction per assessment on average.

In accordance with Governance Rule 29.1, Cr Fullagar and Cr Skelton spoke to the Motion.

Moved: Cr Fullagar
Seconded: Cr Skelton

That Council

1.         Acknowledge and approve the adjustment required to use the revised Rate In the Dollar when striking 2024-2025 property rates, to reflect the Valuer General of Victoria’s supplementary valuations received post budget consideration but prior to 30 June 2024.

2.         Approve the Director Corporate services to update the 2024-2025 budget schedules, and other minor edits.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Eastham, Cr Higgins, Cr Skelton, Cr Todorov,
Cr Child, Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

10.4

CT7352 MAV: Supply of Trucks, Buses, Specialised Trucks, Bodies and Trailers (NPN 1.23) pdf icon PDF 122 KB

Additional documents:

Minutes:

Summary

This report seeks approval to join a new contract of a panel of providers for the Supply of Trucks, Buses, Specialised Trucks, Bodies and Trailers (herein collectively referred to as “Trucks”), in accordance with the Local Buy Evaluation and Recommendation Report. The new contract supersedes an expired contract, which Council had utilised extensively, and includes many of the previous suppliers.

Council’s adopted Procurement Policy supports Collaborative Procurement Arrangements under section 11 and therefore has reengaged MAV/Local Buy Pty Ltd as the tendering agent.

The approval of this new supply panel would enable ongoing efficient purchase and replacement of Council’s fleet assets and negate the need to run individual tenders for every purchase above the prescribed amount.

The attached Local Buy Evaluation & Recommendation Report recommends a panel of 51 suppliers of Trucks, the full list of which is contained within the attached report.

In accordance with Governance Rule 29.1, Cr Skelton and Cr Child spoke to the Motion.

Moved: Cr Skelton
Seconded: Cr Child

That

1.         Council accepts the Local Buy Evaluation & Recommendation Report for the Supply of Trucks, Buses, Specialised Trucks, Bodies and Trailers to Australian Local Government for the initial period of 3 years with an option to extend the term by up to 2 x 3 years on the terms set out in the MAV Procurement Contract.

2.         Formal contract documentation with MAV Procurement be signed to give effect to the contract.

3.         The Director Corporate Services be delegated authority to sign and extend the contract on the terms set out in the contract and any amended terms proposed by MAV. The confidential attachments to this report remain confidential indefinitely as they relate to matters specified under section 3(1)(g)(i),(g)(ii) of theLocal Government Act 2020.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Eastham, Cr Higgins, Cr Skelton, Cr Todorov,
Cr Child, Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

 

 

11.

COUNCILLOR MOTIONS pdf icon PDF 28 KB

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.

Minutes:

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.

ITEMS THROUGH THE CHAIR pdf icon PDF 27 KB

Minutes:

Cr Cox left the meeting at 8.20pm and returned to the meeting at 8.21pm.

 

12.1    Snowfall on Mount Donna Buang

Cr Child noted the recent snowfall on Mount Donna Buang and the positive impact on business in Warburton, Cr Child also encouraged all visitors to drive carefully and stay safe with the hazardous road conditions.

 

12.2    Yarra Ranges Careers Night

Cr Skelton attended the Yarra Ranges Careers Night on 11 July 2024. Cr Skelton thanked the Youth Development Team and other Teams from Council present on the night for the work undertaken to support the young people present on the night.

 

12.3    National Government Assembly Conference

Cr Todorov thanked Deputy Major, Cr Eastham, for chairing the Council Meeting on 9 July 2024 while she attended the National Government Assembly Conference in Canberra. Cr Todorov noted the opportunities to meet with elected Members of Parliament to discuss key issues and to collaborate and connect with other Councils across Australia.

 

12.4    Deliberative Panel Engagement Session

Cr Todorov noted that two of the Deliberative Panel Engagement Session have been completed, the first being and online session and the second held at the Yarra Ranges Council Civic Centre. The final session will occur on 17 August 2024. Cr Todorov noted the positive feedback received high levels of participation from the community.

 

 

 

 

13.

REPORTS FROM DELEGATES pdf icon PDF 27 KB

Minutes:

Cr Fullagar

-           Attended the Burrinja Cultural Centre Board Meeting held on 13 May 2023 at the Burrinja Cultural Centre, Upwey. Cr Fullagar noted the appointment of the Burrinja Cultural Centre Creative Director & CEO, Melanie Burge.

 

-           Attended the Eastern Transport Coalition meeting held on 18 July 2024 via videoconference.

 

 

14.

DOCUMENTS FOR SIGNING AND SEALING pdf icon PDF 28 KB

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.

Minutes:

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.

15.

INFORMAL MEETING OF COUNCILLORS pdf icon PDF 89 KB

Additional documents:

Minutes:

 

Moved: Cr Heenan
Seconded: Cr McAllister

That the records of the Informal Meetings of Councillors, copies of which are attached to the report, be received and noted.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Eastham, Cr Higgins, Cr Skelton, Cr Todorov,
Cr Child, Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

 

16.

URGENT BUSINESS pdf icon PDF 28 KB

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.

Minutes:

17.

CONFIDENTIAL ITEMS pdf icon PDF 30 KB

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

Minutes:

 

Moved: Cr Todorov
Seconded: Cr Heenan

That in accordance with section 66(2)(a) of the Local Government Act 2020, Council resolves to close the meeting to members of the public to consider the following items which relate to matters specified under section 3(1), as specified below.

17.1 Waste Project Update

Item 17.1 is Confidential under the terms section 3(1) of the Local Government Act 2020 as it contains information relating to: (a) Council business information, being information that would prejudice the Councils position in commercial negotiations if prematurely released.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Eastham, Cr Higgins, Cr Skelton, Cr Todorov,
Cr Child, Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

 

17.1

Waste Project Update

Minutes:

Confidentiality Clauses: Section 3(1)(a) of the Local Government Act 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Confidential Item

 

18.

DATE OF NEXT MEETING pdf icon PDF 28 KB

Additional documents: