Agenda and minutes

Council Meeting - Tuesday, 28th February, 2023 7.00 pm

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

Contact: Governance 1300 368 333 

Note: 575th 

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 McAllister
Seconded: Cr Cox

That the Minutes of the Council Meeting held Tuesday 14 February 2023 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.

 

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

 

8.

QUESTIONS AND SUBMISSIONS FROM THE PUBLIC pdf icon PDF 347 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 1

Jenny Matthews, a resident of Lilydale, asked: 

Has the new Yarra Ranges Health and Wellbeing advisory committee been selected to be unbiased and representative of a wide range of community opinions and experiences, or were members selected because they are supportive and agreeable to council decisions and plans?

Please include the following five points in your answer:

- Why the Health and Wellbeing advisory Committee’s Terms of Reference seem geared towards selecting a committee who agrees to support council’s existing Health and Wellbeing Plans and support decisions of the council, and support council officers in the development of new plans.

- Whether it’s possible within the scope of the Terms of Reference for a committee member to object, disagree or disapprove of any council decision or any part of the Health and Wellbeing plans.

- Whether it’s possible within the scope of the Terms of Reference that a committee member could abstain from supporting the council on implementing the current Health and Wellbeing Plan 2021-2025, some of which is based on outdated science predictions.

- If during the selection process, committee members were asked to reveal their current vaccination status, please advise if there is at least one appointed committee member who isn’t covid vaccinated, who could be representative and understanding of the growing number of vaccine hesitant people in the Yarra Ranges community.

- Include whether the new Health and Wellbeing advisory committee will be involved democratically in their meetings in the draft development of future Yarra Ranges Health and Wellbeing plans.


 

Jane Price, Director Communities: 

Thank you for your question, Jenny. 

The Health and Wellbeing Advisory Committee has been established to:

·                ensure there is a localised community voice to Council for people with an interest in community health and wellbeing in Yarra Ranges;

·                assist in the consultative process and provide feedback on Council processes, policies, and supporting Council’s decision making with regard to health and wellbeing; and

·                monitor the progress of objectives under the Health and Wellbeing Plan, and support the four-yearly development of a new Health and Wellbeing Plan

Committee members are actively encouraged to provide their views and input, influence and advocate on Council processes, projects, plans and strategies, however this committee is not a decision making body for Council.

During the selection process, committee members were not asked to provide current vaccination status.

In 2025, Local Government is required to prepare a new municipal public health and wellbeing plan in which the Health and Wellbeing Advisory Committee will be invited to provide input, as well as the broader Yarra Ranges community. In addition, the easiest way to get involved and make a difference is by visiting our Shaping Yarra Ranges - https://shaping.yarraranges.vic.gov.au/  pages and ‘Having your say’ on a range of different projects.

 

 

 

 


 

QUESTION 2

Jenny Matthews, a resident of Lilydale, asked: 

Over  ...  view the full minutes text for item 8.

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.

9.1

Petition to Council pdf icon PDF 81 KB

Minutes:

SUMMARY

The following petitions have been received:

Late General Petitions

1.            Owners of properties along Wedderburn Crescent, Mount Evelyn would like Council to seal the road via Special Charge Scheme. 13 valid signatures.

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

Moved: Cr Heenan
Seconded: Cr Higgins

That the following late General Petitions be received and noted and referred to the appropriate officer.

1.         Request for road sealing for Wedderburn Crescent, Mount Evelyn, under a Special Charge Scheme.

The motion was Carried unanimously.

 

 

10.

BUSINESS PAPER

10.1

Former Lilydale Quarry Affordable Housing Delivery Strategy pdf icon PDF 492 KB

Additional documents:

Minutes:

SUMMARY

As part of the rezoning of the former Lilydale Quarry site, a five (5) percent affordable housing contribution was approved under Planning Scheme Amendment C203 to the Yarra Ranges Planning Scheme and formally introduced into the Comprehensive Development Zone Schedule 1 (CDZ1) applying to the site.    

In accordance with the provisions of the CDZ1, an Affordable Housing Delivery Strategy (the Strategy) has been submitted for approval.  Under the CDZ1, the Strategy must be to the ‘satisfaction of the responsible authority’ and an Affordable Housing Section 173 Agreement that secures and implements the Strategy must be finalised before permits can be granted to develop the site. 

The Strategy proposes a five (5) percent affordable housing contribution and commits to providing a total of 162 affordable housing dwellings (based on a total site yield of 3,050 dwellings). The affordable housing contribution is broken into two categories comprising 2.5 percent social housing (81 dwellings) and 2.5 percent (81) affordable purchase dwellings.  The social housing contribution involves the gifting of land to the not-for-profit housing organisation Haven; Home, Safe (or an equivalent housing partner) for it to construct the 81 social housing units (1 and 2 bedroom apartment style housing). The remaining 2.5 percent affordable housing is proposed to be offered as affordable purchase dwellings to ‘key workers’ (equivalent to moderate income level households) at market value.

The Strategy has been assessed against section 3AA of the Planning and Environment Act 1987 and Specified Matters outlined in the Ministerial Notice as well as consideration against Council’s own research and housing policies.  This assessment found that the Strategy only partially meets the various requirements under the Act and modifications are recommended to ensure consistency with the Act and Council’s requirements. Given that those in greatest housing need are from Very low and Low income level households who are not in a position to purchase a home, it is recommended that the social housing component be increased from 2.5 percent to at least 3.5 percent. It is also recommended that delivery of the social housing be brought forward by providing a portion within Precinct 1, which will be developed first. The affordable home purchase component can also be improved by ensuring the program is overseen by an independent housing organisation and further details are provided confirming the eligibility criteria.  Other recommended changes and improvements to the Strategy are detailed in the report. 

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

 

 

 

 

 

 

Moved: Cr Todorov
Seconded: Cr Heenan

That

1.        Council note the Former Lilydale Quarry Affordable Housing Delivery Strategy and submission of the document to satisfy the provisions of Schedule 1 to Clause 37.02 of the Yarra Ranges Planning Scheme.

2.        Council notify the applicant that it will approve an amended strategy generally in accordance with the recommendations of Attachment 1 and delegate its approval to the Chief Executive Officer.

The motion was Carried unanimously.

 

10.2

Quarterly Finance Report - December 2022 pdf icon PDF 222 KB

Additional documents:

Minutes:

SUMMARY

The attached quarterly finance report has been prepared as at 31 December 2022.  The report includes financial year-to-date data up to quarter two of the 2022-23 financial year and is compared to the adopted budget and the forecast projections for the full year to 30 June 2023.

 

Moved: Cr Fullagar
Seconded: Cr McAllister

That Council

1.         Receives and notes the Finance Report for the six months from 1 July 2022 to 31 December 2022 for the purpose of Section 97 of the Local Government Act 2020.

2.         Approves and adopts the Capital Works Transfers as outlined in the December Quarterly Capital Works Report.

The motion was Carried unanimously.

 

10.3

Disability Advisory Committee Annual Report pdf icon PDF 215 KB

Additional documents:

Minutes:

SUMMARY

The Disability Advisory Committee (the Committee) was established in 2012 as an advisory committee to Council.

The Committee provides:

·                An advisory process for Council’s roles and responsibilities to ensure all aspects of the business are accessible to people with a disability and their families.

·                A consultative process for a wide range of Council activities and initiatives.

·                Advice to support Council’s decision making.

·                A mechanism to support monitoring of progress in meeting the objectives of the Equity Access and Inclusion Strategy.

This report presents an Annual Report of the Committee’s activities
(Attachment 1).

 

Moved: Cr Cox
Seconded: Cr McAllister

That Council receive and note the Annual Report of the Disability Advisory Committee.

The motion was Carried unanimously.

 

10.4

Construction of New Basketball Court and Associated improvements at Kilsyth Sports Complex, Pinks Reserve pdf icon PDF 333 KB

Additional documents:

Minutes:

SUMMARY

This report summarises the evaluation process and seeks Council approval for the awarding of the construction contract to the successful tenderer for a new Basketball Court and associated improvements at Kilsyth Sports Complex, Pinks Reserve.

The project includes the following works:

The project scope will deliver:

1.         Badminton works, including external cladding replacement, internal linings and insulation, accessibility upgrades and flood protection works to the badminton entry.

2.         Rainwater harvesting and Water Sensitive Urban Design works.

3.         Changing Places (Adult accessible change room with hoist system including shower and toilet).

4.         A new compliant Basketball Court including all associated amenities, storage, access, and fire protection works.

5.         Fire protected corridor link from existing basketball area and required fire protection works to the existing external building.

6.         Fully renewed and compliant amenities to the existing dilapidated amenities including additional amenities to service courts 1,2 & 3.

7.         New compliant accessible changerooms to cater for the new court and show court and provide provision for wheelchair basketballers.

8.         Service upgrades and all associated works and making good.

9.         Flood Mitigation works to protect the existing Badminton /Table tennis buildings which is essential for the project and its future proofing against 1 in 100-year flood events.

The project consists of both new works and renewal/refurbishment work, the project is being funded in partnerships with the State Government and the Eastern Sports Development Ltd.

 

 

 

 

 

 

 

 

 

 

 

Moved: Cr Cox
Seconded: Cr Skelton

That Council

1.         Award the contract to construct a new basketball court and associated facilities to Newpol Construction Pty Ltd for the Lump Sum price of $8,080,196.00 excluding GST ($8,888,251.60 including GST) and adopted provisional sums and cost saving options.

2.         Approve a funding allocation for the project of $2,116,324.13 excluding GST from Council’s Capital Expenditure Program Asset Renewal Reserve and future Asset New & Investment Reserve, as detailed in Confidential Attachment 1.

3.         Council approves the Director of Built Environment and Infrastructure be delegated the authority to sign the contract documents.

4.         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 2020.

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:

There were no Items Through the Chair received for this meeting.

13.

REPORTS FROM DELEGATES pdf icon PDF 174 KB

Minutes:

Cr Skelton:

-           Attended the Regional Community Recovery Committee meeting held 15 February 2023, the meeting was held via videoconference.

-           Attended the Indigenous Advisory Committee meeting held 21 February 2023 at the Yarra Ranges Council Civic Centre.

-           Attended the Eastern Alliance for Greenhouse Action group meeting held 23 February 2023.

-           Thanked the Upwey Community Group for the invitation to attend their meeting. Cr Fullagar also attended the meeting.

 

Cr Fullagar:

-           Attended the Eastern Transport Coalition Committee Meeting held 16 February 2023. Cr Fullagar informed the Councillors of the election of Cr Stuart James (Monash Council) and Cr Susan Lauken (Knox Council) as Chair and Deputy Chair.

-           Attended the Eastern Regional Library Board Meeting held 16 February 2023 at the Knox Civic Centre, Wantirna South. Cr Fullagar informed the Councillors of the election of Cr Timmers-Leitch (Knox Council) and himself as Chair and Deputy Chair. The Mayor also attended the meeting.

 

Cr McAllister

-           Attended the Audit and Risk Management Committee held 20 February 2023 at the Yarra Ranges Council Civic Centre. Cr McAllister informed the Councillors that the current Chair of the Committee, Bev Excell, will end her term as Chair in May 2023. The Mayor also attended the meeting.

 

Cr Todorov

-           Attended the first Health and Well Being Advisory Committee Meeting held on 23 February at the Yarra Ranges Council Civic Centre.

 

Cr Heenan

-           Attended an Eastern Affordable Housing Alliance Workshop on Thursday 23 February, at the Knox Civic Centre, Wantirna South.

 

Cr Child

-           Attended the Eastern Region Group of Councils Meeting on the 24 February at the Realm, Ringwood. The Chief Executive Officer also attended the meeting.

-           Attended the Interface Council Group Forum on Thursday 14 February in Melbourne. The Chief Executive Officer also attended the 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.</AI24><AI25>

15.

INFORMAL MEETING OF COUNCILLORS pdf icon PDF 193 KB

Additional documents:

Minutes:

Moved: Cr Child
Seconded: Cr Higgins

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: