Agenda and minutes

The Mayor read the following statement:

The Upper Yarra community are completely devastated and heartbroken to have received the news that Jigsaw Jumps founder and passionate supporter of the Warburton Mountain Bike Destination Sam Knight passed away late last week. Sam 43 was a much loved father, partner, son, brother, uncle and friend and an inspiration to so many.

Starting up his now Nation known business JigSaw Jumps in the small business incubator Yarra Ranges Enterprise Centres Ltd in Warburton and to use the words of Alison Fitzgerald, YREC Executive Officer “ Sam Knight was an inventor, an innovator, and an entrepreneur.

Sam chose to move to Warburton to start and grow his dream business and provide a better environment to raise a family.

As Sam developed relationships and gained respect and loyalty, he identified opportunities to not just promote his product but provide experiences in the form of events especially for kids, councils, scout groups and schools. He would share the sheer joy of these events with his colleagues in the YREC village – with an infectious smile and in his humble way. It wasn’t just the kids having fun, Sam always had fun too.

Sam leaves behind his partner Vicky and their young daughter Hazel, our thoughts are with them. Sam, a special person in our community will be sorely missed.

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.

Ben Waterhouse, Manager Procurement, Risk & Governance declared a material conflict of interest in Item 10.5 EOI7330 Landscape Contractors Panel, as a submitted tender was from a family member.

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

Mitul Patel of Mooroolbark asked;

Why is the red earth community park not maintained for past 2-3 years? The Red Earth Community Park was flourishing with people with kids, teenage and people with their dogs use to visit it every day. Footy (poles gone now) and cricket matches were held, and it was maintained well. For the past 2-3 years, all of that is gone and the whole ground is full of weeds with no maintenance to keep it people friendly. Can we please look into resurfacing with proper grass and maintain it well on ongoing bases?

Hjalmar Philipp, Director Built Environment and Infrastructure:

Thank you for your question, Mitul.

While open for community use, the Red Earth Community Park is located within a Melbourne water retarding basin, taking in water from Mooroolbark and Kilsyth areas.  

As such, during the winter months access is difficult for maintenance, especially for mowing machinery, and unfortunately the water impact from the retarding basin means resurfacing isn't a feasible option.

However, as the park dries out, the outdoor teams will be able to re-engage mowing so you should see the level of maintenance increase over the coming months for the community to enjoy.

QUESTION 2

Wendy Wright of Wandin North asked;

Council’s instructions for the new green/food waste bin collection indicate that weeds can be placed in the new bins. Are there any restrictions on this? Does this include (for example ) noxious weeds, plant matter that is contaminated with bugs such as gall wasp, fruit fly?

Kath McClusky, Director Planning and Sustainable Futures:

Thank you for your question, Wendy.

Our Food Organics and Garden Organics (FOGO) bin collection service can only take general and environmental weeds and a list of those can be found on our website.

At this stage, our FOGO bins can't accept noxious weeds or material that is contaminated with bugs such as gall wasp and fruit fly.

These need to be managed within your property boundaries in line with government regulations. There are also details on the website on how you can manage these bugs and pests online. Based on your feedback we will make sure that it is clear on our website and our FOGO website. Thank you.

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

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 application is for the use and development of a telecommunications facility, ancillary equipment, and the construction of a chain-link fence around the tower and ancillary equipment. No vegetation is proposed to be removed.

The property is a large rural block with an area of approximately 61.6 hectares and is mostly cleared of vegetation, except for a few scattered trees across the property. A dwelling and associated outbuildings are in the north-east portion of the site, with access from the north-east corner of the site along Edward Road. The site also includes a multiple dams used for agricultural purposes, with open paddocks for animal grazing and a stand of olive trees in the north-east corner of the site. No changes to use of the remainder of the property is proposed.

The application was advertised, and forty (40) objections were received. The objections raised concerns about public safety and health issues, environmental concerns relating to flora and fauna, noise, proximity to residential properties, visual amenity, devaluation of property, claims of ‘assault’ and insufficient and ineffective public notification/period.

The proposal has been assessed against the relevant provisions of the Yarra Ranges planning scheme and the Yarra Ranges Council Telecommunications Facilities Policy (2012). It is consistent with the planning scheme and policy as they relate to the consideration of telecommunications infrastructure, visual amenity, and protection of native vegetation.

Accordingly, it is recommended that the application be approved and a Notice of Decision to Grant a Planning Permit, subject to conditions, be issued.

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

SUMMARY

That Council endorse the nominees, Dino Conte and Angela Stainwall, as recommended by the Yarra Ranges Regional Museum Trust.

Following notice from The Chair of the Trust, Maria McCarthy, of the resignation of two Community Appointed Museum Trust members, Wanda McPherson and Paulette Bisley, the Trust Deed requires from Council a written nomination to replace retiring trustees.

The Chairperson has provided recommendations for Council to consider as follows; Dino Conte as Secretary and Angela Stainwall as Treasurer. Both nominees have confirmed their willingness to be nominated and appointed as Community Appointed trustees to the Yarra Ranges Regional Museum Trust.

In addition, a letter under seal will be presented to Wanda McPherson and Paulette Bisley acknowledging their contributions in providing expertise and advice for the Trust.

SUMMARY

This report recommends the appointment of Mr Steve Schinck as the Chair of Council’s Audit and Risk Management Committee (the Committee) for a one-year period commencing 1 October 2023.

SUMMARY

The purpose of this report is to seek approval for an extension Specification
A & B of the Contract CT5628, Playground Products, Services and Works, currently held by numerous entities, until 11 December 2024.

The report also determines that Category C of contract CT5628 will not be extended as part of this approval due to change in industry supply of Hardwood Softfall mulch.

Contract CT5628 is scheduled to conclude on 11 December 2023.  This report outlines the current contract arrangements, financial and service delivery responsibilities and principles for the proposed new contract should the extension be approved.

The contractors (Category A&B) provide essential work and services on Council assets to ensure that the assets are maintained appropriately and continue to deliver an acceptable level of service to the community. 

SUMMARY

This report summarises the evaluation process and seeks Council approval for the establishment of a panel of pre-qualified Landscape Construction Contractors. The selected Panel consisting of 16 contractors will be given the opportunity to bid for selected projects as Council considers appropriate over an initial contract period of 2 years with extension options for two additional periods of two years each.

This item has been included in the public agenda to facilitate openness and transparency in Council’s decision making. Confidential attachments have been included with the report which contains commercially sensitive information that is not to be disclosed whilst the meeting is open to the public.

Ben Waterhouse, Manager Procurement, Risk & Governance declared a material conflict of interest in Item 10.5 EOI7330 Landscape Contractors Panel, as a submitted tender was from a family member.

Ben Waterhouse, Manager Procurement, Risk & Governance left the meeting at 7:53 prior to discussion and the vote being taken.

Ben Waterhouse, Manager Procurement, Risk & Governance, returned to the meeting at 8.01pm following a vote being taken.

SUMMARY

This report summarises the evaluation process and seeks Council approval for the establishment of a panel of pre-qualified Building Construction Contractors. The selected Panel consisting of eleven (11) contractors will be given the opportunity to bid for selected projects as Council considers appropriate over an initial contract period of 2 years with extension options for two additional periods of two years each.

This item has been included in the public agenda to facilitate openness and transparency in Council’s decision making. Confidential attachments have been included with the report which contains commercially sensitive information that is not to be disclosed whilst the meeting is open to the public.

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    Seville War Memorial

Cr Eastham brought to the attention of Councillors that the Seville War Memorial has been servilely damaged by vandals.

The Seville War Memorial is made of four panels, the first panel is dedicated to George Ingram, the Yarra Valley’s only Victoria Cross recipient, the other three panels on the memorial are set to pay tribute to Bert Read, a soldier wounded at Gallipoli, George Cassidy, who enlisted in the war at just 16 and served in the 4th Australian Light Horse Regiment and Bruce Bethune, who died on active service during World War 2.

Cr Eastham detailed the damage done to the Memorial and encouraged any member of the public who has information regarding the vandalism to contact Victoria Police or Crime Stoppers.

Cr Heenan

-           Attended the season opening of the Lilydale Croquet Club in Melba Park, Lilydale on Saturday 23 September 2023. Cr Todorov also attended the event.

-           Attended the Pirate for a Day event held by Lillydale Sailing Club on Saturday 23 September 2023, at the Lillydale Lake, Lilydale.

Cr Fullagar

-           Attended the Eastern Transport Coalition Committee meeting held on Thursday 21 September 2023 via videoconference.

Cr Eastham

-           Attended the Rural Advisory Committee meeting held on Tuesday 26 September 2023, at the Yarra Ranges Council Civic Centre.

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 documents be signed and sealed: Letter Under Seal - Paulette Bisley Letter Under Seal - Wanda McPherson. Letters under seal have been prepared in recognition of Paulette Bisley and Wanda McPherson, who have resigned after more than 20 years of voluntary service with the Yarra Ranges Regional Museum Trust.

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.