Agenda and minutes

Macclesfield Pony Club

The Mayor spoke about a fire that destroyed the Macclesfield Pony Club building on Saturday 17 June 2023. He then acknowledged the community of Macclesfield and the disappointment they would be feeling at this time.

The Mayor assured the community that the facilities will be staying in place to ensure the grounds will be sufficient for the community to continue use.

Mitch Gribbrock Trivia Night

The Mayor paid tribute to the Upper Yarra Angling Club and the Powelltown community for raising roughly $20k at their Trivia Night held on the 17 June 2023. He went on to explain that the event was a fundraising activity to help support a local family affected by cancer. 

The Mayor wished the Gribbrock family the very best.

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.

Tammi Rose, Chief Executive Officer, declared a direct interest in respect of Item 17.1, as it relates to her employment.

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

Anonymous asked;

When will Council will be consulting with the community over opening up the Public Gallery for Council Meetings so that the community can be included in the review process. I personally wish to have my privacy respected and remain anonymous and do not consent to being surveilled, monitored or recorded during the meeting which is my Democratic and Constitutional right and which is how I have participated in other Councils' meetings recently for example the Knox City Council meetings.

Andrew Hilson, Director Corporate Services:

Thank you for your question.

Council remains committed to the re-opening of the physical public gallery in the near future. Council will not be conducting community consultation regarding the reopening of the physical public gallery.

Council meetings will continue to be recorded and live streamed for the benefit of all community members watching the meetings online. All members of the community, contractors and staff that access the Council’s Civic Centre building are recorded under Council’s CCTV system. 

Community members who do not wish to be recorded at all are welcome to view the Council meeting and participate online via Council’s website.

QUESTION 2

Martin Dieleman of Lilydale asked;

Can the council please provide the total travel expenses associated with the office of Mayor since Jim Child took office on Tuesday 9th of November 2021?

Andrew Hilson, Director Corporate Services:

Councillor Jim Child was elected to the office of Mayor in November 2021 and has incurred the following travel expenses directly related to the position of Councillor (2021: July-Nov) and Mayor (2021 Nov – current).

The following information is extracted from Council’s Annual report for the 2021/22 reporting period:

·                July 2021 to June 2022, $10,716.10

The following information is the current year to date which has not yet been fully consolidated:

·                July 2022 to March 2023, estimated at $3,257.47

Council’s 2022/23 Annual Report will be finalised and published later this year. Councillor Allowances & Expenses will be published via Council’s website for the community’s viewing following the end of financial year financial management and auditing.

https://www.yarraranges.vic.gov.au/Council/Corporate-documents/Allowances-expenses-for-the-Mayor-and-Councillors

QUESTION 3

Neil Doyle of Lilydale asked;

When the council reopens the public gallery, will it allow other human rights, including questions about 20-minute cities and the UN, to be asked, and will it allow the public to record council meetings consistent with section 15 of the human rights act, the right to collect and impart information in the medium one chooses?

Andrew Hilson, Director Corporate Services

Thank you for your question Neil.

When Council reopens its physical gallery, questions pertaining to 20-minute cities and the United Nations will not be permitted as they have been previously addressed. This will ensure we can maintain focused and efficient Council meetings.

Filming from the gallery is prohibited under Rule 75 of the Governance Rules without the Chair's consent. However, recordings 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

This report presents the 2023-24 to 2026-27 Budget and the 2023-24 to 2032-33 Capital Expenditure Program (the documents) for adoption.

Council has complied with the statutory requirements contained in the Local Government Act 2020 to enable it to adopt the documents.

The documents outline key activities that will be undertaken by Council and how the activities will be funded.

The Mayor called for a division.

In Favour: Cr Fullagar, Cr Todorov, Cr Skelton, Cr Higgins and Mayor Child

Against: Cr Cox and Cr Heenan

Absent: Cr Eastham and Cr McAllister

In accordance with Chapter 3, Rule 46 of the Governance Rules, the Mayor called for a motion to alter the order of business.

SUMMARY

The Audit and Risk Management Committee presents its bi-annual report providing an outline of the Committee’s activities and highlights for the period 1 January 2023 to 31 May 2023.

In accordance with Governance Rule 58, Bev Excell - Independent Member and Chair of the Audit and Risk Management Committee spoke in support to the recommendation included in the officer report.

SUMMARY

This report recommends the appointment of Ms Katie Baldwin as an Independent Member of the Audit and Risk Management Committee (the Committee) for a three-year period commencing 1 July 2023.

This report also recommends that the remuneration for the positions of Independent Member and Chair of the Committee be increased to allow for indexation in line with the current rate cap of 3.5 per cent, effective 1 July 2023.

SUMMARY

Planning application YR-2019/418 was originally lodged with Council in 2019 for the construction of seven (7) dwellings on the lot, which was amended to construct six (6) dwellings to address planning concerns.  At the Council Meeting, on 13 October 2020, Council resolved to issue an approval to construct six (6) dwellings and variation of an easement (Attachment 2).

At an objector appeal, Victorian Civil and Administrative Tribunal (VCAT) set aside the Council decision and remitted the application to Council for reconsideration.

This report is the reconsideration of the proposal.  The application introduces minor changes and improvements to the previously approved plans to address the VCAT direction, to demonstrate full compliance to Garden Area Provision – Clause 32.08-4 General Residential Zone.  It also removes the variation to the easement.

Following a second notification process, twelve (12) new objections have been received, in addition to the thirteen (13) objections originally received.

Objector concerns relate to insufficient car parking provision, unsafe design relating to traffic and retaining walls, design not energy efficient, inadequate street setback, overshadowing of open spaces, inappropriate landscaping, asbestos risk from demolition of the existing house, noise/vibration during construction period and property devaluation.

The land is within a consolidation area where the increased density isencouraged to increase the housing numbers, whilst enabling the efficient use of existing infrastructure. Residential consolidation within the activity centre has increased over recent years in line with this objective.

The revised proposal has been assessed as compliant with Clause 55, Council’s Multi Unit Development Design Guidelines and the Design and Development Overlay design objectives.

Overall, the proposed development is considered an appropriate design response and is satisfactory when assessed against the relevant policies, provisions, and prescribed design standards of the Yarra Ranges Planning Scheme.

As such it is recommended that the application be approved subject to conditions.

The Mayor Read the Following statement:

Before we move forward with item 10.2 of tonight’s business papers, I would like to correct an anomaly which has been identified in the officers’ report regarding the carparking rate.  On page 254 of tonight’s agenda the carparking rate for the proposed development has incorrectly been identified as requiring 17 carparking spaces.  The required carparking rate for the development has been correctly identified on page 243-244 of tonight’s agenda as requiring 12 car parking spaces.

In accordance with Governance Rule 58, Gage Rossiter spoke in objection to the recommendation included in the officer report.

SUMMARY

This application for tree removal has been lodged following safety concerns raised by an adjoining property owner whose dwelling was impacted by a fallen tree from the subject land during the June 2021 storm event.

In response to those concerns, Council’s Arborist inspected 25 trees within proximity of the affected property.  Seven trees were deemed to pose an immediate risk and have been removed.  The report recommended the retention of a further eight trees.

At its meeting on 22 November 2022, Council passed a motion to give consent for the removal of those eight trees, subject to a planning permit application being lodged and issued. This application has been lodged to follow the decision to remove the additional eight trees.

Of the eight trees, four trees (Trees 3, 4, 8 and 22) require a planning permit under Clause 52.17 - Native Vegetation, Clause 42.01 - Environmental Significance Overlay Schedule 1 and Clause 42.03 - Significant Landscape Overlay Schedule 6.  The remaining four trees (Trees 16, 17, 19 and 21) are exempt under Clause 52.12 as they are within 10 metres of the dwelling on an adjacent property.

Two trees (Trees 8 and 22) are on a private land parcel between 134 Hereford Road and 15 Kookaburra Lane, and two trees (Trees 3 and 4) are in the Kookaburra Lane road reserve, east of 134 Hereford Road.

The application was advertised, and four letters of support have been received.

As is required by the Yarra Ranges Planning Scheme, the planning application has been assessed on arboricultural merit, and has balanced the findings based on the risk of failure (partial or total) posed by the trees against the broader environmental, landscape and amenity benefit that the vegetation provides.

Seven of the eight trees have been assessed as having a low risk of failure by two arborists working independently of each other.  The first arborist conducted the assessment on behalf of Council as the applicant, and the second undertook a review of the submitted assessment on behalf of the planning department. 

Each Arborist has determined that, with the exception of Tree 8, there is no arboricultural reason for the vegetation to be removed.  The trees have a high retention value, are at low risk of failure and have a long useful life expectancy. 

The removal is deemed to be inconsistent with the relevant provisions of the Yarra Ranges Planning Scheme, in particular both State and Local Planning Policy which seek to protect and retain ecologically significant, high retention value vegetation.

It is therefore recommended that Council resolve to refuse the application, and a Notice of Refusal be issued.

In accordance with Governance Rule 58, Vanessa Walton spoke in objection to the recommendation included in the officer report.

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

SUMMARY

This report and attachments inform Council on the Tender Process for the CT7094 Hard Waste and Bundled Branches Collection and Disposal tender, which closed on 1 March 2023 and seeks approval for award to the preferred tenderer as per the recommendations within the confidential evaluation report.

The timing of the report relates to ensuring the timing for the future services are locked into the contractor’s annual service calendar ensuring the dates for future services and allows time before contract commencement.

SUMMARY

This report discusses Council’s historical support and commitment to reconciliation, current policy position and the alignment with the principles of the Uluru Statement from the Heart and a Voice to Parliament.

In the context of Council’s Reconciliation Policy and in consideration of the advice from Council’s Indigenous Advisory Committee, it is recommended Council make a public statement with regard to the referendum.

This report also highlights the impact the ongoing debate is having on the Yarra Ranges Indigenous community, Indigenous staff, and the broader community.

The recommendation was moved and seconded.

The Mayor moved, and Cr Higgins seconded, an amendment to the recommendation and sought the agreement of the original mover and seconder to change the wording as follows:

That Council

1.         Acknowledge the notion behind the Uluru Statement from the Heart and a Voice to Parliament.

2.         Acknowledges that it is not Council’s role to tell people how to vote in the upcoming referendum. Council encourages the community to be informed and seek information from reputable channels.

The mover and seconder did not support the proposed amendment. 

Prior to any vote the meeting was adjourned at 9.25pm to enable the clarification of Chapter 3, Rule 31 of the Governance Rules: Moving an amendment.

The meeting resumed at 9.29pm with all Councillors present and consideration of item 10.7 continued.

The Mayor withdrew the proposed amendment and foreshadowed a new motion if the substantive motion was lost.

Cr Heenan called for a division.

In Favour: Cr Fullagar, Cr Todorov, Cr Skelton, Cr Heenan and Cr Cox

Against: Cr Higgins and Mayor Child

Absent: Cr Eastham and Cr McAllister

SUMMARY

The Yarra Ranges Rural Advisory Committee (RAC) is Council’s advisory group on issues and initiatives relevant to the rural sector in Yarra Ranges.

The RAC has undertaken a review of the role, function, membership and productivity of the committee to ensure currency, effectiveness and stakeholder engagement.

An updated Terms of Reference (ToR) has been drafted to align with the Yarra Ranges Council (YRC) governance framework for Advisory Committees and to ensure they remain relevant to the sector.

This report highlights the achievements of the RAC and provides updated ToR including opening all rural sector membership positions to expressions of interest.

Cr Heenan left the meeting at 9.43pm prior to the vote being taken.

Cr Cox left the meeting at 9.43pm following a vote being taken.

SUMMARY

This report seeks to inform Council of the draft Active Recreation Plan(draft Plan– attachment 1), and to seek approval to proceed with community consultation.A summary document of the draft Plan has been developed and is provided as attachment 2.

The plan targets an increase in physical activity levels in Yarra Ranges by 15% over ten years. Currently, over 42% of women and over 36% of men in Yarra Ranges are sedentary or insufficiently active. 89% of residents reported theywould be more active if there was something interesting, appealing, accessible and convenient provided.The draft Plan encourages people who are not meeting their physical activity guidelines to be more active by engaging in at least 30 minutes of physical activity per day, on at least 5 days of the week.

The fivekey principlesthat guideactions toreach theplan’s targetare:

·                Access: Active recreation opportunities that encourage participation and have a positive influence on physical health are provided in accessible and convenient places for residents within Yarra Ranges;

·                Diversity: A diversity of active recreation opportunities are provided reflectingthe diversity of our community and places across the municipality, the diversity of needs and preferences of the community, and different financial capacities;

·                Activation: Programming and events are delivered through internal and external partnerships to optimise utilisation of recreational assets, maximise health and wellbeing outcomes for the community, and contribute to sustainable tourism and economic prosperity across the municipality;

·                Inclusion: Facilities are designed with inclusion, accessibility, and safety of all people in mind, enabling individuals to make choices based on their needs and interests. There is a particular focus on women and girls, gender diverse people, disability, and Indigenous ways of knowing, being and doing; and

·                SocialConnection: Where possible, active recreation facilities are provided in proximity to other compatible uses where they facilitate social interaction and encourage intergenerational use of reserves and spaces.

Implementation of the plan focuses on four action areas including:

·                Improving safety and accessibility;

·                Activating existing facilities;

·                Increasing facility provision where gaps have been identified; and

·                Diversifying the offer of recreation programs and infrastructure through new facility provision.

The draft Plan will set the strategic direction and form part of the proposed long term work program for the Recreation team. Activation of recreation and sport assets is a key outcome of the recent Recreation and Sport service review. The development of the draft Plan is being partially funded through a grant received from Sport and Recreation Victoria in 2019. Full implementation of the plan is estimated to cost $8,325,000 over ten years and will be subject to grant opportunities and budget availability.

Cr Heenan returned to the meeting at 9.48pm prior to a vote being taken.

Cr Cox returned to the meeting at 9.46pm prior to a vote being taken.

EXTENSION OF TIME LIMIT FOR  ...  view the full minutes text for item 10.9

SUMMARY

This report summarises the quotation evaluation process for the Station Road, Seymour Steet and Britton Road, Seville - Road Improvement Works Special Charge Scheme and seeks Council approval to award the contract for construction to Etheredge Mintern Pty Ltd.

The Special Charge Scheme Statutory Process has been successfully completed and the project is ready for construction.

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    YR-2022/944 - 59 Morris Road, Upwey

The Mayor made a correction to a statement he made during the Council Meeting on 13 June 2023, regarding information contained in the YR-2022/944 - 59 Morris Road, Upwey Planning Report. The Mayor apologised for the statement and extended apologies to the relevant Director and officers.

12.2    Vale Roger Boness

Cr Heenan read the following tribute.

Roger was born in 1945 and grew up in Bentleigh West. A good sportsman, he played football for East Brighton and in late 1965 was chosen to train with St Kilda. Things were looking very good for him to join the team in 1966 but suddenly his birthday marble was pulled out of the conscription lottery and as a result he was taken out of the football arena sent off to serve with the army at Puckpunyal. He was pretty disappointed with that as that year St Kilda won the grand final – their last flag.

At the age of 20, undertook basic training at Puckpunyal and was then appointed to Artillery and was eventually attached to 106^th Field Battery, 4^th Field Regiment and trained as a Forward Observer. In April 1967 he received word his unit was going to Vietnam and the following month he joined the Battery at Nui Dat.

Roger’s role in Vietnam was as a Forward Observer, which meant that most of his time he was out on patrol with infantry units, mainly men from 7RAR. One of his classic stories from this time came from when he served with a New Zealand Rifle Company.

In Roger’s words - ‘This one time we were to go out in the jungle with New Zealanders and a large proportion of those men were Maoris. When I went over to them before the operation with one of my Sigs, this Maori Captain, he came and asked me if I was the Artillery support and I said ‘yes I was’. He said ‘well we are very pleased to have you with us - you’re European, you’re a foot taller than us and you’ve got red hair – they’ll shoot you first!’ I told him what I thought of that’.

Most of Roger’s time in Vietnam he was in the thick of it and it wasn’t only the enemy he had to contend with, the jungle had its own unique issues to deal with as well. On one occasion he was bitten by a snake, on his rear end, a story that has delighted a generation of Mt Evelyn primary school students who he regularly told the story to, and on another occasion he contracted malaria, so severely that he spent eight days in intensive care at the Vung Tau Hospital and was lucky to survive.

Roger returned to Australia in March 1968. By his own admission he found it hard to re-adjust back to civilian life. As Roger said – ‘I think we were all mentally disturbed by it, nothing surer. In  ...  view the full minutes text for item 12.

Cr Fullagar

-           Attended the Easter Region Libraries Board Meeting on Thursday 22 June 2023 atthe Your Library Administration Building in Scoresby. Cr Child also attended the meeting.

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.

SUMMARY

It is requested that the following document be signed and sealed:

Creation of Easement Deed of Release - Yarra Ranges Shire Council and Healesville Developments Pty Ltd.

Creation of Easement (E1) for drainage purposes in favour of Yarra Ranges Shire Council, being part of land contained in Certificate of Title Volume 9321 Folio 122 and known as 49-51 Maroondah Highway, Healesville.

Cr Todorov requested an error to be corrected in the attended record of one of the attachments.

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.

The Mayor read the following statement:

Prior to the commencement of Council's in-camera discussion on item 17.1, I would like to extend my sincere gratitude to all the participants who presented at tonight's Council meeting. Furthermore, it is with great pleasure that I announce Council's forthcoming reopening of its physical gallery here at the Yarra Ranges Council Civic Centre, Lilydale on 11 July 2023.

We encourage you to stay updated by monitoring Council's official website and social media channels for additional details in the days ahead.

Good night all.

Tammi Rose, Chief Executive Officer, having declared a direct interest in respect of Item 17.1 left the chamber prior to consideration of this item.