Agenda and minutes

Council Meeting - Tuesday, 27th September, 2022 7.00 pm

Venue: Civic Centre, 15 Anderson Street, Lilydale

Contact: Governance 1300 368 333 

Items
No. Item

5.

MAYORAL ANNOUNCEMENTS pdf icon PDF 174 KB

Minutes:

There were no Mayoral Announcements for this meeting.

 

6.

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS pdf icon PDF 175 KB

Minutes:

Moved: Cr Heenan
Seconded: Cr McAllister

That the Minutes of the Council Meeting held 13 September 2022 as circulated, be confirmed.

The motion was Carried unanimously.

 

 

7.

DISCLOSURE OF CONFLICTS OF INTEREST pdf icon PDF 253 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.

 

Cr David Eastham declared a general conflict in respect of Item 10.7 as it relates to his place of residence.

8.

QUESTIONS AND SUBMISSIONS FROM THE PUBLIC pdf icon PDF 348 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.

 

QUESTIONS FROM THE PUBLIC

Angela Jones, of Wandin North, asked:

How much is Council paying for LGBTQ+ workplace diversity & inclusion training and who is delivering that service/advice?

 

Allison Southwell, Acting Director Corporate Services responded:

Thank you Ms Jones for your question.

In financial year 2022/23, Council has a budget of approximately $39,000 which will go towards a range of activities aimed at the professional development of our workforce in Diversity and Inclusion and related fields. LGBTQI+ training is an important component but is just one of many aspects of Diversity & Inclusion covered by that budget. Council’s Organisational Development team consults widely in determining how that budget should be directed, including with an internal Diversity & Inclusion working group, which is made up of a cross-section of our workforce.

At present, we have no LGBTQI+ specific training scheduled with any provider.

Ensuring a diverse and inclusive workforce that represents the community we serve is an important objective of our Council Plan, and we publicly report on progress in each annual report.

 

There were no Submissions listed on the Agenda for this meeting.

 

9.

PETITIONS pdf icon PDF 271 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 pdf icon PDF 3 MB

Additional documents:

10.1

2023-2027 Partnership Program pdf icon PDF 250 KB

Additional documents:

Minutes:

SUMMARY

Council makes an important and targeted investment in its communities through a variety of grants programs.  The multi-year Partnership Program offers key service providers, community and cultural groups the opportunity to secure recurring funding to support delivery of vital community services, facilitating positive social change, and celebrating the diversity and cultural uniqueness of the Yarra Ranges. 

The current Partnership Program concludes on 30 June 2023.

This report presents proposed program guidelines and criteria for the 2023-2027 Partnership Program (Attachment 1: 2023-2027 Partnership Program Guidelines and Selection Criteria), budget implications and findings and recommendations from the 2018-2022 Partnership Program and proposed 2023-2027 Partnership Program assessment panel members.

Pending Council approval, the 2023-2027 Partnership Program is scheduled to open for applications on 1 October 2022.

 

Moved: Cr Fullagar
Seconded: Cr Todorov

That Council

1.         Endorse the 2023-2027 Partnership Program guidelines and selection criteria;

2.         Endorse the 2022-2023 allocation of $498,575.00 to the program as follows:

·                $330,000.00 Connected & Healthy Communities stream; and

·                $168,575.00 Creative Communities stream;

3.         Endorse an annual adjustment for subsequent 2024-2027 payments in line with rate capping; and

4.         Note the 2018-2022 Partnership Program review findings and recommendations and the proposed 2023-2027 Partnership Program assessment panel members.

The motion was Carried unanimously.

 

 

10.2

Domestic Animal Management Plan pdf icon PDF 300 KB

Additional documents:

Minutes:

SUMMARY

Yarra Ranges Council is required to prepare a Domestic Animal Management Plan (DAMP) at four-year intervals under the Domestic Animals Act 1994. The plan is required to be developed in consultation with the Department of Jobs, Planning and Resources (DJPR).

The Draft DAMP 2022-2026 has been developed in accordance with best practice standards and informed by current available data, research, and a continued consultation process. The initial online survey attracted over 460 responses from community and business, which highlighted key themes that have been included in the Draft DAMP.

Further community consultation is recommended to be conducted during September and October 2022 to draw out community perspective and identify any further opportunities and challenges that could be recognised and addressed through the DAMP.

To ensure Council is meeting its legislative responsibilities, a final Council endorsed DAMP is required to be submitted to DJPR by 2 December 2022.

 

Moved: Cr Eastham
Seconded: Cr Heenan

That Council endorse the Draft Domestic Animal Management Plan 2022-2026 for public consultation.

The motion was Carried unanimously.

 

 

10.3

Change of Representatives to Eastern Regional Library Corporation pdf icon PDF 223 KB

Minutes:

SUMMARY

Councillors are appointed annually to a number of committees and external bodies that require Council representation.  Included in this is Council’s nominated delegates to the Eastern Regional Library Corporation (ERLC).  At its meeting on 23 November 2021, Council endorsed Cr Len Cox and Cr Fiona McAllister as its representatives to the ERLC for the following 12 months. 

Following the introduction of the Local Government Act 2020, the ERLC is currently being wound up in accordance with s330(4) and a beneficial enterprise, known as Your Library Ltd, will be established in accordance with s110 to deliver library services on behalf of Yarra Ranges, City of Knox, and City of Maroondah Councils.

At its meeting on 28 June 2022, Council endorsed the appointment of Cr Jim Child and Cr Andrew Fullagar as the inaugural directors of Your Library Ltd to represent Yarra Ranges Council.  At this time, however, Crs Child and Fullagar are unable to formally contribute to the discussions and decision making relating to the transition from the ERLC to Your Library Ltd, as these matters are being addressed by the ERLC.

In order to ensure a smooth transition and that decisions which require formal approval include those Councillors who will be involved in the future of Your Library Ltd, it is recommended that Council appoint Crs Child and Fullagar as its representatives to the ERLC  (replacing Crs Cox and McAllister) until it has been wound up and the new entity takes over library operations.

 

Moved: Cr Child
Seconded: Cr McAllister

That Council approve the appointment of Cr Jim Child and Cr Andrew Fullagar to the Eastern Regional Library Corporation, replacing Cr Len Cox and Cr Fiona McAllister.

The motion was Carried unanimously.

 

 

10.4

Alfred Street and John Street, Wandin North – Declaration of Special Charge pdf icon PDF 398 KB

Additional documents:

Minutes:

SUMMARY

Following an extensive consultation process with landowners, Council at its meeting of 26 July 2022 considered a report on road improvement works for Alfred Street and John Street, Wandin North. Council resolved to advise of its intention to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989.

This report advises that one submission has been received regarding the Special Charge and recommends that Council declare the Special Charge without modification.

 

Moved: Cr Eastham
Seconded: Cr Heenan

That

1.        Council, having given notice of its intention, reviewed the details of the proposed special charge and given consideration of submissions hereto, declare the special charge for works associated with the Alfred Street and John Street, Wandin North Special Charge Scheme in accordance with the provisions of Section 163 of the Local Government Act 1989, without modification.

1.        In accordance with the provisions of Section 223 of the Local Government Act 1989, notice in writing be served on every person who has lodged a separate submission and in the case of a submission lodged on behalf of a number of persons, notice in writing to one of those persons, advising of Council’s decision and the reasons for the decision.

2.        In accordance with the provisions of Section 163 of the Local Government Act 1989, notice be served upon all persons liable for the special charge advising of Council’s decision and that persons aggrieved by Council’s imposition of the special charge upon them, may apply to the Victorian Civil and Administrative Tribunal within 30 days of effective issue of the notice, for a review of the decision.

The motion was Carried unanimously.

 

 

10.5

Bretby Way, Montrose - Declaration of Special Charge pdf icon PDF 597 KB

Additional documents:

Minutes:

SUMMARY

Following an extensive consultation process with landowners, Council at its meeting of 12 July 2022 considered a report on road improvement works for Bretby Way, Montrose. Council resolved to advise of its intention to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989.

This report advises that three submissions have been received regarding the Special Charge and recommends that Council declare the Special Charge with modification.

 

Moved: Cr Fullagar
Seconded: Cr Higgins

That

1.        Council, having given notice of its intention, reviewed the details of the proposed special charge and given consideration of submissions hereto, declare the special charge for works associated with the Bretby Way, Montrose Special Charge Scheme in accordance with the provisions of Section 163 of the Local Government Act 1989, with the following modifications:

(a)      The development unit allocation to property 13 Bretby Way, Montrose be reduced from 2 to 1 Unit.

(b)      The development unit allocation to property 15 Bretby Way, Montrose be reduced from 2 to 1 Unit.

(c)      The development unit allocation to property 19-21 Bretby Way, Montrose be reduced from 2 to 1 Unit.

(d)      The development unit allocation to property 31 Bretby Way, Montrose be reduced from 2 to 1 Unit.

(e)      Council’s contribution to the project be increased by 4 development units to offset the reduced contribution by these properties.

2.         In accordance with the provisions of Section 223 of the Local Government Act 1989, notice in writing be served on every person who has lodged a separate submission and in the case of a submission lodged on behalf of a number of persons, notice in writing to one of those persons, advising of Council’s decision and the reasons for the decision.

3.         In accordance with the provisions of Section 163 of the Local Government Act 1989, notice be served upon all persons liable for the special charge advising of Council’s decision and that persons aggrieved by Council’s imposition of the special charge upon them, may apply to the Victorian Civil and Administrative Tribunal within 30 days of effective issue of the notice, for a review of the decision.

The motion was Carried unanimously.

 

 

10.6

Tainton Street and Railway Parade, Wandin North - Declaration of Special Charge pdf icon PDF 391 KB

Additional documents:

Minutes:

Cr Eastham left the meeting at 8:16pm prior to consideration of the item, having declared a conflict of interest in this item.

SUMMARY

Following an extensive consultation process with landowners, Council at its meeting of 26 July 2022 considered a report on road improvement works for Tainton Street and Railway Parade, Wandin North. Council resolved to advise of its intention to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989.

This report advises that no submissions have been received regarding the Special Charge and recommends that Council declare the Special Charge without modification.

 

Moved: Cr Higgins
Seconded: Cr Todorov

That

1.         Council, having given notice of its intention, reviewed the details of the proposed special charge and having received no submissions hereto, declare the special charge for works associated with the Tainton Street and Railway Parade, Wandin North Special Charge Scheme in accordance with the provisions of Section 163 of the Local Government Act 1989, without modification.

2.         In accordance with the provisions of Section 163 of the Local Government Act 1989, notice be served upon all persons liable for the special charge advising of Council’s decision and that persons aggrieved by Council’s imposition of the special charge upon them, may apply to the Victorian Civil and Administrative Tribunal within 30 days of effective issue of the notice, for a review of the decision.

The motion was Carried unanimously.

Cr Eastham returned to the meeting at 8:18pm following a vote being taken.

 

10.7

Cedar Court, Burns Way (Includes harvest Close), Loch Avenue, Mayview Drive, Monbulk - Declaration of Special Charge pdf icon PDF 406 KB

Additional documents:

Minutes:

SUMMARY

Following an extensive consultation process with landowners, Council at its meeting of 26 July 2022 considered a report on road improvement works for Cedar Court, Burns Way, Loch Avenue, Harvest Close and Mayview Drive, Monbulk. Council resolved to advise of its intention to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989.

This report advises that two submissions have been received regarding the Special Charge and recommends that Council declare the Special Charge with modification.

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

 

Moved: Cr Eastham
Seconded: Cr Higgins

That

1.        Council, having given notice of its intention, reviewed the details of the proposed special charge and given consideration of submissions hereto, declare the special charge for works associated with the Cedar Court, Burns Way, Loch Avenue, Harvest Close and Mayview Drive, Monbulk Special Charge Scheme in accordance with the provisions of Section 163 of the Local Government Act 189, with the following modification.

(a)      The development allocation to property 9 Harvest Close, Monbulk be reduced from 2 to 1 unit.

(b)      Council’s contribution to the project be increased by 1 development unit to offset the reduced contribution by this property.

2.         In accordance with the provisions of Section 223 of the Local Government Act 1989, notice in writing be served on every person who has lodged a separate submission and in the case of a submission lodged on behalf of a number of persons, notice in writing to one of the those persons, advising of Council’s decision and the reasons for the decision.

3.         In accordance with the provisions of Section 163 of the Local Government Act 1989, notice be served upon all persons liable for the special charge advising of Council’s decision and that persons aggrieved by Council’s imposition of the special charge upon them, may apply to the Victorian Civil and Administrative Tribunal within 30 days of effective issue of the notice, for a review of the decision.

The motion was Carried unanimously.

 

 

10.8

Henry Street, Lester Street and Everard Grove, Woori Yallock - Intent to Levy a Special Charge pdf icon PDF 420 KB

Additional documents:

Minutes:

SUMMARY

As part of its 2019 budgetary process, the Federal Government announced a nine year, $150 Million funding initiative for Yarra Ranges Council to seal roads within the Dandenong Ranges and surrounding areas. This funding program has been named the Roads for the Community Initiative.

At its meeting on 24 September 2019 Council endorsed a list of roads to be constructed using this funding to be facilitated by means of Special Charge Schemes. Henry Street, Lester Street and Everard Grove, Woori Yallock were included on this list of roads.

This report recommends affected landowners be notified of Council’s Intent to Levy a Special Charge for the construction of Henry Street, Lester Street and Everard Grove, Woori Yallock.

 

Moved: Cr Fullagar
Seconded: Cr Heenan

That

1.        The affected landowners be advised of Council’s intent to declare a special charge (“the special charge”) at its meeting scheduled for 22 November 2022, or should this meeting not proceed then the next available Council meeting, for the purpose of defraying expenses associated with proposed improvement works in:

(a)      Henry Street, Lester Street and Everard Grove, Woori Yallock.

1.         Subject to any variation of a scheme under Section 166 of the Local Government Act 1989, the amount to be levied under the scheme exclusive of interest payable under Section 172 of the Local Government Act 1989 will be:

(a)      Henry Street, Lester Street and Everard Grove, Woori Yallock. In total $349,199 (“the amount to be paid”); comprising of for the cost of works $294,000 and $55,199 for financing cost.

(b)      On each date specified under Section 167 of the Local Government Act 1989 as being the date on which the whole of rates and charges (other than special rates and charges) is due (“the due date”) the amount represented by the formula: X/Y where X represents the amount to be paid and Y represents the number of due dates during the period which the scheme will remain in force.

2.         In accordance with Section 163 (3) of the Local Government Act 1989 Council specifies that the special charge:

(a)      Is proposed to be declared for the land in the “designated area” shown on the attached plan.

(b)       Will be payable in respect of all rateable land within the designated area.

(c)      Will be assessed and levied as set out in this resolution.

(d)      Will remain in force for the period commencing on 1 July 2023 and concluding on 30 June 2033.

(e)      Will expire if the special charge is not levied to each person liable to pay it within 12 months after the day on which the declaration to which the rate or charge relates is made.

4.      In accordance with Section 221 of the Local Government Act 1989 the special charge is also proposed to be declared in respect of land within the designated area which is not rateable land and is not Crown land.

5.      It is recorded that assessment of the special charge is calculated on the following basis:

(a)     $7,000 per  ...  view the full minutes text for item 10.8

10.9

Henry Street, Yarra Junction - Intent to Levy a Special Charge pdf icon PDF 346 KB

Additional documents:

Minutes:

SUMMARY

As part of its 2019 budgetary process, the Federal Government announced a nine year, $150 Million funding initiative for Yarra Ranges Council to seal roads within the Dandenong Ranges and surrounding areas. This funding program has been named the Roads for the Community Initiative.

At its meeting on 24 September 2019 Council endorsed a list of roads to be constructed using this funding to be facilitated by means of Special Charge Schemes. Henry Street, Yarra Junction was included on this list of roads.

This report recommends affected landowners be notified of Council’s Intent to Levy a Special Charge for the construction of Henry Street, Yarra Junction.

 

Moved: Cr McAllister
Seconded: Cr Higgins

That

1.        The affected landowners be advised of Council’s intent to declare a special charge (“the special charge”) at its meeting scheduled for 29 November 2022, or should this meeting not proceed then the next available Council meeting, for the purpose of defraying expenses associated with proposed improvement works in Henry Street, Yarra Junction.

1.         Subject to any variation of a scheme under Section 166 of the Local Government Act 1989, the amount to be levied under the scheme exclusive of interest payable under Section 172 of the Local Government Act 1989 will be:

(a)      In total $228,642 (“the amount to be paid”); comprising of $192,500 for the cost of works and $36,142 for financing cost.

(b)      On each date specified under Section 167 of the Local Government Act 1989 as being the date on which the whole of rates and charges (other than special rates and charges) is due (“the due date”) the amount represented by the formula: X/Y where X represents the amount to be paid and Y represents the number of due dates during the period which the scheme will remain in force.

2.         In accordance with Section 163 (3) of the Local Government Act 1989 Council specifies that the special charge:

(a)      Is proposed to be declared for the land in the “designated area” shown on the attached plan.

(b)      Will be payable in respect of all rateable land within the designated area.

(c)      Will be assessed and levied as set out in this resolution.

(d)      Will remain in force for the period commencing on 1 July 2023 and concluding on 30 June 2033.

(e)      Will expire if the special charge is not levied to each person liable to pay it within 12 months after the day on which the declaration to which the rate or charge relates is made.

3.         In accordance with Section 221 of the Local Government Act 1989 the special charge is also proposed to be declared in respect of land within the designated area which is not rateable land and is not Crown land.

4.         It is recorded that assessment of the special charge is calculated on the following basis:

(a)      $7,000 per development unit

(b)      Plus financing cost of 3.755% per annum.

(c)      100% on a development unit basis as follows.

                       i.            Special benefit where a dwelling  ...  view the full minutes text for item 10.9

10.10

Capital Grants Development Program pdf icon PDF 227 KB

Minutes:

SUMMARY

This report outlines the outcome of the 2022/2023 Capital Development Grant Program. Eleven projects are recommended to be funded through this round of the grant program. Funding agreements will be established with each recipient for the delivery of their initiative following formal consideration by Council.

 

Moved: Cr McAllister
Seconded: Cr Fullagar

That Council endorse the proposed successful funding applications of the 2022/2023 Capital Development Grant Program to provide the following grant amounts:

(a)      $28,000.00 to the Lilydale BMX Club

(b)      $12,500.00 to the Melbourne Radio Control Circuit Racers

(c)       $17,500.00 to the Healesville Bowling Club

(d)      $5,000.00 to the Macclesfield Adult Riding Club

(e)      $18,000.00to theUpper YarraAdult RidingClub

(f)        $14,500.00to theFerny CreekTennis Club

(g)      $18,000.00to theHoddles CreekCricket Club

(h)      $15,000.00to theLilydale MontroseUnited Soccer Club

(i)        $6,625.00to theHilltop RecreationAssociation

(j)        $11,000.00to theLilydale JuniorFootball Club

(k)       $25,000.00to theMonbulk RecreationReserve DevelopmentGroup

The motion was Carried unanimously.

 

 

11.

COUNCILLOR MOTIONS pdf icon PDF 175 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 174 KB

Minutes:

Cr Heenan:

- Acknowledged that 29 September is National Police Remembrance Day. This day honours the dedicated police officers who have died serving their community. It also allows Victoria Police and the community to pay their respects to Victoria Police employees who have lost their lives over the last 12 months through illness or other circumstances.

 

Cr McAllister:

- Attended the HICCI Annual General meeting and noted the support provided to the communities of Healesville and Yarra Glen. Cr McAllister also noted the current high demand for services, with a corresponding downturn in revenue for the organisation.

 

Cr Fullagar:

- Along with Cr Todorov, attended the Forgotten Heroes, Stories and Songs from Hills Vietnam Veterans, on 24 September 2022 at the Burrinja Cultural Centre. Cr Fullagar noted the inspired live performance highlighting Vietnam Veterans’ stories.

 

Cr Todorov:

- Attended the Yarra Valley Singers performance in the new Civic Centre. Cr Todorov congratulated the group on their performance and noted how wonderful it was hear the room filled with music.

 

13.

REPORTS FROM DELEGATES pdf icon PDF 174 KB

Minutes:

There were no Reports from Delegates received for this meeting.

14.

DOCUMENTS FOR SIGNING AND SEALING pdf icon PDF 175 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 194 KB

Additional documents:

Minutes:

SUMMARY

Chapter 8, Rule 1, of the Governance Rules requires that records of informal meetings of Councillors must be kept and that the Chief Executive Officer must ensure that a summary of the matters discussed at the meeting tabled at the next convenient Council meeting and recorded in the Minutes of that Council meeting.

An ‘informal meeting of Councillors’ is defined in the Governance Rules as a meeting of Councillors that:

·           is scheduled or planned for the purpose of discussing the business of Council or

·           briefing Councillors;

·           is attended by at least one member of Council staff; and

·           is not a Council meeting, Delegated Committee meeting or Community Asset Committee meeting.

The records for informal meetings of Councillors are attached to the report.

 

Moved: Cr Fullagar
Seconded: Cr Eastham

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

 

16.

URGENT BUSINESS pdf icon PDF 175 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:

There was no Urgent Business received for this meeting.

 

17.

CONFIDENTIAL ITEMS pdf icon PDF 175 KB

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

Minutes:

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.

18.

DATE OF NEXT MEETING pdf icon PDF 175 KB

Additional documents: