Agenda and minutes

The Mayor read the following statement:

I’d like to acknowledge that we are again broadcasting our meetings online through webcast, and I’d like to acknowledge all of our community members watching along tonight. Thank you for being here.

We made the decision to close our public gallery in Council meetings for the foreseeable future, due to a consistent and increasing pattern of verbal abuse, intimidation, and anti-social behaviour from some members of the public.

This behaviour threatens the safety of our staff, of our Councillors and of other community members in attendance, and it is completely unacceptable.

Council takes seriously the responsibility to provide a safe workplace, and ensure that meetings are safe to attend – particularly for community members speaking to items and discussing important issues across planning, our environment and community issues.

I’m extremely disappointed that we had to make this decision, but the consistent disruptive behaviour has left us without a choice.

Community members are, of course, always welcome to send through questions to Council, and we continue to provide a forum here where those questions will be answered.

Please visit yarraranges.vic.gov.au/meetings to see our upcoming agendas, information on how you can participate in accordance with our Governance Rules and how to submit a question, public submission, or a petition to Council.

We will be reviewing this decision in coming months, and we hope this change will help to foster a safe environment, while still providing community ways to engage with Council respectfully.

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 1

Sue Thompson of Kilsyth, asked: 

How much has it cost the rate payers of the Yarra Ranges Council to secure the safety of councillors, staff and ratepayers from the disrupters in the gallery at each council meeting since the beginning of the year?

Please include the costs for security guards and any modifications to the council chamber.

Andrew Hilson, Director Corporate Services:

Thank you for your question, Sue

Since January this year and prior to tonight, Council has spent approximately $12,600 engaging security guards and upgrading the security cameras in the public gallery area to ensure the safety of Councillors, Council staff and members of the public is maintained during Council meetings.

Changes to the configuration of chairs and tables are delivered by internal staff.

QUESTION 2

Sean Mulcahy of Ballarat North, asked: 

Given that the terms of reference of Council's Health and Wellbeing Advisory Committee do not contain LGBTIQA+ inclusion in its purpose, will Council consider establishing an LGBTIQA+ Advisory Committee to ensure that Council is inclusive of LGBTIQA+ people who live, work and recreate in Yarra Ranges?

Helen Ruddell, Acting Director Communities:

Thank you for your question, Sean.

Council has not planned for the establishment of a standalone LGBTIQA+ Advisory Committee. The recent recruitment of Council’s Health and Wellbeing Advisory Committee includes representation from the LGBTIQA+ community. The recruitment process is intentionally committed to ensuring diversity.

QUESTION 3

Anonymous asked: 

It is believed that responses were received about the WMBD project. This was majority from online where anyone from anywhere could comment, shape, and influence a town that they do not live in. This is unreasonable, inaccurate, and unfair data representation of the area. This was commented on by Cr Jim Child when this happened with Hanning farm.

Why it is now acceptable to use online feedback when it wasn’t a true representation of the community before? Will the responses from the WMBD be released for public viewing to see who has influenced this project and from where?

Hjalmar Philipp, Director Built Environment & Infrastructure:

Thank you for your question

Council are assuming your first question is in relation to the public exhibition and submission process for the Warburton Mountain Bike Destination Environment Effects Statement and Planning Scheme Amendment, which was conducted by Planning Panels Victoria in accordance with relevant policies and practices. 

There were 2707 submissions collected, and these are available on the Engage Victoria website (https://engage.vic.gov.au/project/warburton-iac/page/warburton-IAC-submissions). 

The Minister for Planning released their assessment of the project in October 2022, which is available on the Department of Transport and Planning website (https://www.planning.vic.gov.au/environment-assessment/browse-projects/projects/warburton-mountain-bike-destination)

Other local community consultation outside of the EES process is available on rideyarraranges.com.au.

QUESTION 4

Anonymous asked: 

I am a registered voter in the Yarra Ranges, I am a local resident of Warburton, I am involved with many community groups of  ...  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 proposal is for the use and development of the land for a child care centre, the removal of four trees from the subject land and one road reserve tree to accommodate the accessway to the site.

The child care centre will accommodate 96 children and provides 705 squaremetres of outdoor play area. The two-storey building has a contemporary built form, with a visually interesting combination of materials, articulated wall and roof articulation, with flat and skillion roofs. Twenty one car parking spaces are proposed to support the development, which complies with the requirements of Clause 52.06 Car Parking.

The trees to be removed are a combination of exotic deciduous and conifer species, an Australian native and indigenous species. A landscaping plan (attachment 4) has been provided with the application which shows the replantingof two canopy trees on siteand a varietyof shrubs within the rear, front and side setbacks.

To manage amenity impacts from noise, a two-metre-high acoustic fence isproposed along the western and southern interfaces at ground level and to the first floor external play area.

A wastemanagement planaccompanies theproposal whichshows a dedicatedarea for the storage of bins, to be collected outside of centre operating hours by a private waste operator.

The application has received 18 objections, with the main concerns including traffic impacts on Gear Avenue and the surrounding road network, vegetation impacts and tree loss, development design, and the use not being supported by the planning controls.A community consultation session resulted in further traffic investigation by the applicant, with a supplementary report submitted for consideration. The application was referred to Country Fire Authority (CFA) and Department of Transport (DOT) and both have provided consent to the application. 

The proposal has been assessed against the planning scheme and on balance the development is considered to meet the requirements and should be supported, subject to conditions. 

In accordance with Governance Rule 58, Franc Smith spoke in objection of the recommendation included in the officer report.

In accordance with Governance Rule 58, Cameron Bloomfield and Henry Wood spoke in support of the recommendation included in the officer report.

Cr Heenan moved a motion alternate to that printed in the agenda.

Moved: Cr Heenan
Seconded: Cr Cox

That Council resolve to refuse Planning Application YR-2022/782 for the use and development of a child care centre and associated vegetation removal(including roadreserve tree) at 1A Gear Avenue,Mount Evelyn and issue a Notice ofRefusal on the following grounds:

1.         The proposal does not respond to State Planning Policies within the Yarra Ranges Planning Scheme as the development fails to:

a.          ensure the interface between public and private realm enhances personal safety,

b.         the design and location of publicly accessible spaces does not create a safe environment for users,

c.         the development, including signs, does not minimise detrimental impacts on amenity and the natural built environment and on the safety and efficiency of roads, and

d.         neighbourhood character  ...  view the full minutes text for item 10.1

SUMMARY

This report seeks Council’s approval to release the Draft Lillydale Lake Master Plan (the draft Master Plan) for public consultation.  The draft Master Plan has been developed following consultation with user groups and broadly through Council departments. The intention is to seek community feedback on the draft Master Plan.

The draft Master Plan provides a 15-year strategic approach to improving the recreation facilities and features at Lillydale Lake Park in response to identified community needs, opportunities and population growth projected in the area.

Improvements recommended for community consideration include an upgrade to the water access and viewing facilities, exercise area, accessible seating and picnic spaces, informative indigenous and wayfinding signage.

The community will also benefit from stronger path linkages to the main Lilydale shopping precinct, Warburton Rail Trail, expanding Box Hill Institute and new Lilydale Quarry Redevelopment (Kinley Development).

SUMMARY

Under the Emergency Management Act 2013, the Municipal Emergency Management Plan (MEMP) is reviewed and updated every three years under the auspice of the multi-agency Municipal Emergency Management Planning Committee (MEMPC).

In December 2020 the requirements for the MEMP endorsement changed to an assurance process that takes holistic consideration of MEMP arrangements enabling all emergency management agencies to engage with the review and assurance of the MEMP. 

In March 2023 the MEMPC submitted the Yarra Ranges MEMP 2023-26 for assurance endorsement to the endorsing authority, the Regional Emergency Management Planning Committee (RMEPC). The MEMPC was notified of the REMPC endorsement of assurance statement on 16^th March 2023.

The Municipal Emergency Management Planning Committee (MEMPC) presents the 2023-26 MEMP for noting at this Council meeting.

SUMMARY

Japara Neighbourhood House Inc (Japara) is a not-for-profit organisation in Kilsyth that is funded by Council to deliver a range of services and activities.

Council and Japara have been in partnership for many years with formal agreements dating back to 1994. This is a long standing partnership with strong alignment of priorities around quality service provision, responsive and sustainable services and managing the Hub facility. The focus is on delivering positive community engagement and outcomes.

In order for Japara to operate the facility, there is a Hub Management Partnership Funding Agreement in place (1 July 2018 – 30 June 2023). Funding in the 2022-23 financial year is $70,000.

A review commissioned by Council to address financial, operational and relational agreements and interactions with Japara is underway to provide recommendations that support the ongoing viability of Japara and the services it provides to the community.

Whilst the review is in its final stages, in order to provide surety to Japara of their ongoing operation, a six-month extension of the current agreement is sought to enable consideration of report recommendations and potential implementation plan.

A report to Council outlining the review findings is anticipated in the coming months.

SUMMARY

The Audit and Risk Management Committee (the Committee) has been established by Council under Section 53 of the Local Government Act 2020 (the Act). It is the responsibility of the Committee to provide Council with independent, objective advice and assurance on the adequacy of management arrangements as set out in the Audit and Risk Management Committee Charter (the Charter).

The Act (s.54 (5)) requires that the Committee prepare a biannual report for Council that describes their activities and includes any findings and recommendations.

The following is the biannual report of the Committee for the period ending 30 December 2022.

SUMMARY

This report provides for an update to the formal appointment of Council officers as Authorised Officers pursuant to Section 147(4) of the Planning and Environment Act 1987 and Section 242(2) of the Environment Protection Act 2017.

Council isasked toapprove theupdated Instruments attached to this report.

SUMMARY

Updates have been made to the Instrument of Delegation to members of Council staff (the Instrument) to reflect several legislative and administrative changes.

The proposed changes, shown by way of “track changes” in Attachment 1 to the report, ensure that appropriate members of Council staff holding, acting in or performingthe duties of the positions described inthe Instrument are nominatedto act as delegates.

Council isasked toapprove theupdated Instrument.

SUMMARY

Council has been offered opportunity to purchase a 1695m2 section of vacant land at 13 Green Street, Healesville (Lot2 PS641028) from Victrack for a price equivalent to half its market value, on the provision the land remains for public open space.

Until 2018, the land had been leased by Council and maintained as a communityopen space, passive recreational area and meeting space, and as the site of amonthly Community Market.

In early 2023, Council received a formal offer from Victrack that it would sell Council the land for $675,000 plus GST, which represents a discount of 50% onthe current market value as determined by the Valuer General Victoria. This is on the condition that a restrictive use covenant is appliedto the land, restricting its use to  community open space. The proposed purchasecan be funded entirely using Public Open Space Funds available to Ryrie ward.

On 14^th February 2023, Council resolved to commence community engagement to seek the community views in respect of the potential purchase of the land pursuant to the provisions of section 112 of the Local Government Act 2020. Council’s subsequent community engagement period saw 98.15% of respondents comment in favour of Council purchasing the land.

Given the overwhelmingly positive community feedback, it is recommended that Council confirm to Victrack its intent to purchase the land under the agreed terms and proceed with procedures necessary to affect the transaction and have the land transferred into Council ownership.

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    ANZAC Day Services

The Mayor thanked the Councillors for the dedication to the Services held across the municipality on ANZAC Day, he also thanked the Governance team for there support leading up to and on the day.

12.2    ANZAC Day Services

Cr McAllister thanked the Governance team for their support leading up to and on the ANZAC Day, and noted the Healesville RSL raised the Aboriginal flag during the service for the first time. She was humbled to share the story of James Wandin Snr during the First World War. Cr McAllister also attended the Yarra Glen RSL Service and the Yering Primary School Service the following day.

12.3    ANZAC Day Services

Cr Heenan noted the effort of the organisers of the Mount Evelyn Dawn Service and thanked the former RSL President, Roger Boness, for his role as Master of Ceremonies. He went on to thank the Mount Evelyn Football Club for there contribution to the day. Cr Heenan was honoured to represent Cr Todorov at the Mooroolbark Service held in Hookey Park.

12.4    ANZAC Day Services

Cr Todorov attended the Lilydale RSL Dawn Service, attended by over 6000 people, and noted her appreciation to the Lilydale RSL President, Bill Dobson, and the school children who participated in the service.

12.5    ANZAC Day Services

Cr Cox attended the Montrose Dawn Service and noted the impressive number of people who attended, particularly the number of children. Cr Fullagar also attended the Montrose Dawn service.

12.6    ANZAC Day Services

Cr Fullagar attended the Ferny Creek Dawn Service and noted the moving nature of the service. In Cr Skelton’s absence at the meeting Cr Fullagar acknowledged her attendance at the Upway-Belgrave RSL Dawn Service.

12.7    ANZAC Day Services

The Mayor acknowledged the inclusion of Wurundjeri stories in the services held across the municipality and noted the importance of acknowledging the service of Indigenous Australians.

Cr Child:

-       Attended the Eastern Region Group of Councils held on Wednesday 19 April 2023 at the Maroondah City Council Realm.

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.