Agenda and minutes

The Mayor read the following statement:

It has come to my attention that there is a need for clarification on a particular item in the minutes from the 8 August Council meeting.

Specifically, I want to address Item 10.4, concerning the Tree Matter at 3457 Warburton Highway, Warburton. I want to be absolutely clear: there is no conflict of interest on my part regarding this matter. I am committed to upholding the highest standards of transparency and integrity in my role as Mayor.

An amendment to the minutes from this meeting will reflect this clarification accurately. It is crucial that our records are clear and transparent.

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 - CEO Employment Matters as it relates to her remuneration.

Cr Child declared a material conflict of interest in Item 17.2 - Legal Matter, as the item related to a personal legal matter.

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

Kathy Ricciuti of Silvan asked;

Seeing that the full 26 pages of the Uluru Statement of the Heart has become public, will the council advertise the full 26 pages and not just the one page they included in their decision to support the yes vote?

Will the council reconsider its decision now that more information has been released?

How much of Yarra Ranges Council budget is allocated to supporting the yes vote?

Jane Price, Director Communities:

Thank you for your question, Kathy.

It is not the intention of Council to publish the supporting information for the Uluru Statement of the Heart or reconsider its support for the notion of the Uluru Statement from the Heart or make amendments to Council's current public position.

The public position is in line with Council's broader commitment and support for reconciliation. There is no budget allocated to supporting the Yes vote as Council has the view that it is not the role of local government to tell people how to Vote.

Council encourages the community to seek information from reputable channels, to form their own view and decision on how to vote in this year's referendum.

QUESTION 2

Mitchell Mazzarella of Mooroolbark asked;

With the council about to roll out the new FOGO system, what percentage of items placed in the current yellow recycling bins are actually ending up in landfill and how much waste does the council anticipate the FOGO system will save from going to landfill?

Kath McClusky, Director Planning and Sustainable Futures:

Thank you for your question Mitchell.

Audits undertaken in May 2023 showed that approximately 26 per cent, or approximately 4100 tonne of material in Yarra Ranges yellow recycling bins is contamination which is separated and sent to landfill. All other material is recycled.

When planning the FOGO service, it was originally estimated that in the first year we could see a reduction in material going to landfill by approximately 20 per cent or 6050 tonnes. However, some councils that have already introduced the FOGO services are seeing a reduction of waste to landfill by up to 50 per cent.

QUESTION 3

Wendy Wright of Wandin North asked;

What is the total dollar value of fines imposed on ratepayers/residents of the YR for breaches of local laws related to waste collection only? Please provide data for the last 2 separate financial years. Thank you

Jane Price, Director Communities:

Thank you for your question, Wendy.

Yarra Ranges Council takes an education first approach to many areas of our Local Laws including curb side rubbish collection.

If there are continued breaches, then infringements may occur.

In the 2021-22 financial year, one infringement under the Waste Provision of the Local Law was issued totalling $300.

In the 2022-23 financial year, one infringement under the Waste Provision of the Local Law was issued  ...  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.

SUMMARY

The following petition be received:

General Petitions

1.         Request for a pedestrian crossing, or other safe pedestrian access, to be established at the corner of Bell St and Armstrong Grove, Yarra Glen.
74 valid signatures.

2.         Request for a fully fenced off lead dog park at Elizabeth Bridge Reserve Kilsyth. 194 valid signatures.

The following joint letter be received:

Joint Letter

1.         Request for the renaming of the sports and social pavilion at the Halley Supple Reserve, Coldstream. 90 signatures.

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

SUMMARY

This report seeks to inform Councillors of the community response to the draft Kilsyth Recreation Reserve Master Plan (the draft Master Plan) that has been developed following extensive consultation with the local Kilsyth residents, Kilsyth Community Action Group, sports clubs and the broader Yarra Ranges community. The Master Plan provides a 10+ year strategic approach to improve sport and recreation facilities at the reserve in response to identified community needs, including repurposing of aged infrastructure.

A program of community consultation on the draft Master Plan was undertaken in February and March 2023, reaching out to over 2000 local residents and key stakeholders, receiving strong support. Proposed improvements include the removal of the redundant tennis courts to provide a multi-generational playspace, multi-purpose court and junior pump track. An upgrade to the oval irrigation and lights is proposed plus the inclusion of a community plaza and oval viewing space. The community will also benefit from an improved path network and ‘chillout’ spaces. The Master Plan is now ready for Council to consider for adoption.

SUMMARY

Amendment C217 proposes to update the schedule to the Erosion Management Overlay and include the Incorporated Document ‘Requirements for a Geotechnical Assessment, Landslide Risk Assessment or Landslide Hazard Assessment prepared in support of a planning permit application under the Erosion Management Overlay (EMO1)’ in the Planning Scheme.

The amendment was placed on public exhibition from 22 June 2023 to 27 July 2023 with a total of 12 submissions received. Of those, two submissions support the amendment, six submissions support the amendment and have requested changes, one submission neither supports the amendment nor suggests changes, one submission opposes the amendment and two submissions state they have no objection to the amendment. As officers are unable to resolve all submissions the amendment must now be referred to an Independent Planning Panel.

In accordance with Governance Rule 58, Natalie Guest spoke in support to the recommendation included in the officer report.

The Mayor requested that the Petition to Council presented by Natalie Guest in relation to the Business Item be noted.

SUMMARY

The applicant has submitted a planning application to seek approval for buildings and works associated with the construction of a dwelling. No planning permit is required for the use of the land as the dwelling use is existing.

Whilst the dwelling is unusually large and contains elements that are atypical of a dwelling, the proposal is for a dwelling as defined under the planning scheme.

In the event that the building is not used as a dwelling planning enforcement action could be pursued if the use is not compliant with the planning scheme.

The proposal is for a two storey plus basement dwelling measuring 138.6 metres by 90.6 metres, with a maximum height of 10.25 metres above natural ground level. It is setback 84 metres from the front (Victoria Road) boundary and 68 metres from the northern boundary. The proposed dwelling is in a similar location on the hill top as the existing dwelling which will be fully demolished. The design and mass of the building is simple and boxlike, comprising a strong horizontal form. The building lies on the gently rolling topography on a large property with generous setbacks from road frontages and neighbouring dwellings, ensuring that it does not present as unreasonably tall in the landscape.

No native vegetation is proposed to be removed from the land. Exotic trees are proposed to be removed along the existing driveway which does not require a planning permit (Diameter at Base Height not greater than 0.35 metres).

Six (6) objections have been received with the principal issues raised being the scale and prominence of the proposed buildings and works in the landscape and concerns that the land use is not for a dwelling. 

The dwelling complies with the requirements of the Yarra Ranges Planning Scheme and on balance officers are recommending the permit be supported.

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

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

Cr Child noted the alternate recommendation that was circulated to Councillors to add in conditions 1(g) and 1(h) also contains the clerical error.  ...  view the full minutes text for item 10.3

SUMMARY

Section 11(1)(b) of the Local Government Act 2020 (the Act) provides the ability for Council to delegate powers, duties and functions to the Chief Executive Officer. This enables the business of Council to be carried out efficiently and in line with approved policies.

The Act requires all delegations made to be recorded in an instrument of delegation.

It is recommended that Council approve the updated Instrument of Delegation to the Chief Executive Officer included at Attachment 1 to the report.

SUMMARY

The Local Government Act 2020 (the Act) provides Council with the power to delegate certain responsibilities to the Chief Executive Officer (CEO).

Furthermore, the Act provides that the Chief Executive Officer may, by Instrument of Delegation, delegate to a member of the Council staff or members of a community asset committee any power, duty or function of their office, except the power of delegation itself.

Updates have been made to the current 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 ensure that appropriate members of Council staff holding, acting in or performing the duties of the positions described in the Instrument are nominated to act as delegates.

Council is asked to consider approval of the updated Instrument.

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

This report summarises the tender evaluation process and seeks Council approval for one tenderer to be accepted for the provision of TechnologyOne Property and Rating Data Migration Services. The Contract will be for an initial period of two years with Council having the sole discretion to extend the Contract by up to an additional year.

The primary objective of this tender is to secure suitably qualified consultants to complement Council’s YRConnect project team. These consultants will be responsible to provide data migration services, a highly specialised service to migrate property, rates, revenue, permit, receipts and other customer data from the current Infor Pathway software platform to the TechnologyOne software platform.

An advertisement calling for tenders was published on Council’s online e-tendering portal and placed in The Age newspaper on Saturday 28 June 2023. Tenders closed on 17 July 2023 and four submissions were received.

The recommendation in this report has been formally endorsed by the evaluation panel.

Cr Fullagar confirmed with the Director Corporate Services that he had no involvement in the procurement evaluation process and that he not aware at this time of any Conflict of Interest, and there is no known financial connection between the tenders and TechnologyOne.

SUMMARY

This report summarises the tender evaluation process and seeks Council approval for one tenderer to be accepted for the provision of TechnologyOne Property and Rating Consulting Services in the YRConnect program. The Contract will be for an initial period of two years with Council having the sole discretion to extend the Contract by up to an additional year.

The primary objective of this tender is to secure suitably qualified consultants to complement Council’s YRConnect project team. These consultants will be responsible for:

•               providing software implementation expertise, enabling the TechnologyOne Property and Ratings module.

•               providing software consultancy services to enable digital self-service functionality through the TechnologyOne OneCouncil online customer portal.

•               providing software consultancy services to assist Council in transitioning off the current Infor Pathway software platform.

An advertisement calling for tenders was published on Council’s online e-tendering portal and placed in The Age newspaper on Saturday 28 June 2023. Tenders closed on 17 July 2023 and two submissions were received.

The recommendation in this report has been formally endorsed by the evaluation panel.

Cr Fullagar confirmed with the Director Corporate Services that he had no involvement in the procurement evaluation process and that he not aware at this time of any Conflict of Interest, and there is no known financial connection between the tenders and TechnologyOne.

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    Mooroolbark Community Garden

Cr Todorov attended the opening of the Mooroolbark Community Garden on Saturday 2 September 2023. The Mooroolbark Community Garden will provide an opportunity for community groups to participate together in a community garden which will provide a community food source, education opportunities and place of sharing for local community members of all ages, genders, ethnicity, and abilities.

12.2    Empowering Eating Disorders Prevention in Yarra Ranges

Cr Skelton attended the Empowering Eating Disorders Prevention on Thursday 31 August 2023 at the Yarra Ranges Civic Centre. Cr Skelton thanked the Yarra Ranges officer who helped support the event and praised Misfits for the work that they are doing in this space.

Cr Skelton

-           Attended the Indigenous Advisory Committee held on Tuesday 29 August held at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr McAllister.

Cr Cox

-           Attended the Elizabeth Bridge Reserve, Kilsyth on Tuesday 29 August 2023 to celebrate the completion of recent works at the reserve.

Cr Todorov

-           Attended the Health and Wellbeing Advisory Committee Meeting held on Thursday 7 September 2023 held at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr Fullagar.

Cr Higgins

-           Attended the Metropolitan Education Traffic Centre Board Strategic Planning Day held on Saturday 9 September 2023 held in Bayswater.

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 Adrian Keitley.

Creation of easement (E1) for drainage purposes in favour of Yarra Ranges Shire Council, being part of land contained in Certificate of Title Volume 9644 Folio 160 and known as 13 Marna Street, Healesville.

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.

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