Agenda and minutes

The mayor welcomed former Councillor and Mayor Maria McCarthy in the Gallery

Vale Dr Kevin Tolhurst

The Mayor read the following statement;

As a municipality that is impacted by bushfire it is with a heavy heart I acknowledge the passing of Dr Kevin Tolhurst this week.

Kevin was a quiet, unassuming, yet fiercely passionate man who was a wealth of knowledge on fire behaviour. Due this passion and dedication he was awarded the Order of Australia and the International Association of Wildland Fire's Ember Award.

A well-respected scientist, Kevin came to Yarra Ranges after Black Saturday and spoke to us at length about the issues and he always made time to talk to CFA volunteers about fires and fire behaviour.

He will be sorely missed by all of us who work in fire management from the CFA to our own council. Our thoughts go out to his friends, family and colleagues during this incredibly difficult time.

Vale Kevin.

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.

Cr Eastham declared a material conflict of interest in Item 10.3, Councillor Expenditure Policy - Reimbursement of Expenses for Cr Eastham, as the item refers to reimbursement of out-of-pocket expenses.

Cr Fullagar declared a general conflict of interest in Item 10.5, 2024 Grants for Community Recommendations, as the item refers to a community group he has involvement in.

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;

Relating to the fortnightly collection of general rubbish.

The council informs me that 45% of my waste is able to be put in my green waste bin. The last 2 weeks we have had 2 small compostable bags which is nowhere near the 45% suggested. More like 10%. Where should I dispose of the overflow of rubbish we will now have?

Kath McClusky, Director Planning and Sustainable Futures:

Thank you for your question.

We acknowledge that this is the most significant change to our waste and recycling collection in decades, and that change can be challenging.

If you require further information regarding your waste management. We have detailed information on our website to help you in making any changes needed and to help the broader community reduce waste being sent to landfill.

Furthermore, if you require addition bins, you can request an additional bin service by contacting Council, noting there is a service cost for an additional bin.

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 proposed childcare centre is located within Monbulk township’s residential area adjacent to Monbulk commercial precinct. The childcare centre provides for an essential community infrastructure for Monbulk and surrounding communities in a location that is both compatible and commonplace within a residential area.

The application was reviewed by the Country Fire Authority (CFA) and internally by Council’s Engineering Traffic and Drainage departments, Strategic Planning and Urban Design Department, and Arborist. All referral assessments determined no overarching concerns with the proposal, subject to conditions.

The design response draws special attention to minimising negative impacts to adjoining neighbours by its an effective layout, generous setbacks and installation of acoustic measures and overlooking treatments. The design response integrates and responds to the constraints and characteristics of the site and surrounds with its residential scaled building form and residential design details.

At the time of writing this report the proposal received 22 objections and one letter of support. The primary concerns raised were land use appropriateness, accumulative amenity impacts including noise concerns, visual bulk of the development, accumulative traffic impacts including increase in traffic, increase in car noise and fumes, decreased traffic/pedestrian safety and potential for poor driving behaviour, lack of car parking on site and within Baynes Road, and vegetation removal. The submission in support identifies the site as a good location promoting walkability between site, town centre and schools, intersection was not too dangerous and identified a general need for this community infrastructure.

Overall, the proposed development has an appropriate design response and is satisfactory when assessed against the relevant policies including Municipal Planning Strategy and the Planning Policy Framework, provisions, and prescribed design standards of the Yarra Ranges Planning Scheme. Therefore, it is recommended that the application be approved subject to conditions.

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

In accordance with Governance Rule 58, Jason Sumner, on behalf of the applicant, spoke in support of the recommendation included in the officer report.

SUMMARY

Amendment C207 proposes to amend the Yarra Ranges Planning Scheme to apply the Heritage Overlay to thirteen places in Lilydale, amend the existing Heritage Overlay for five places in Lilydale, and add both the new and updated Statements of Significance for 20 heritage places as Incorporated Documents in the Planning Scheme.

The amendment was placed on public exhibition from 10 November 2022 to 12 December 2022 and five submissions were received.  Of those, two submissions opposed the application of the Heritage Overlay, one submission supported the amendment and requested a number of modifications to address accuracy of historical information and the proper acknowledgement of sources in the Statements of Significance for several properties, and two submissions stated that they had no objection to the amendment.

At the Council Meeting of 11 April 2023, Council considered submissions and resolved to request the appointment of an independent planning panel appointed by the Minister for Planning.

The Panel hearing was held on 1 August 2023.  The Panel has now provided its report and recommendations to Council.

The Panel has recommended that Amendment C207 be adopted with some modifications, including reduction in the size of the curtilage (mapped HO area) for the olive tree at 2-4 Albert Hill Road and refinement of the planning scheme provisions applying to the heritage trees at 57 Warburton Highway. A copy of the panel report is at Attachment 1.

It is recommended that Council adopt Amendment C207 consistent with the Panel’s findings.

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

SUMMARY

The Local Government Act 2020 (the Act) governs the reimbursement of expenses for Councillors and members of a delegated committee. This requires Council to reimburse reasonable, bona fide out-of-pocket expenses incurred while performing their respective roles.

The Councillor Expenditure Policy (the Policy) requires all claims for the reimbursement of expenses to be made within three months of the date an expense has been incurred.

Claims submitted that fall outside this three-month period must be considered by Council.

In accordance with the Policy, approval is sought to reimburse out-of-pocket expenses relating to travel, to the value of $1,188.18 incurred by Cr Eastham during the period 4 April 2023 to 31 May 2023.

Cr Eastham declared a material conflict of interest in Item 10.3, Councillor Expenditure Policy - Reimbursement of Expenses for Cr Eastham, as the item refers to reimbursement of out-of-pocket expenses.

Cr Eastham left the meeting at 8.05pm prior to discussion and the vote being taken.

Cr Eastham returned to the meeting at 8.06pm following a vote being taken.

SUMMARY

The Public Health and Wellbeing Act 2008 requires Councils to develop a Municipal Public Health and Wellbeing Plan every four years.?Council formally endorsed and commenced delivery of the Health and Wellbeing Plan 2021-2025 (the Plan) in 2021.

The Health and Wellbeing Progress Report (Attachment One) highlights some of the key achievements and completed projects for each of the seven priority areas of the Plan. This provides insight into the first two years of implementing the Plan and a line of sight between Council strategy and tangible health and wellbeing outcomes within community. 

A wide range of innovative projects have occurred under each of the seven priorities of the Plan, despite not all being showcased in the Health and Wellbeing Progress Report. COVID-19 and major weather events have impacted the delivery of the Plan. To mitigate any risk of achieving optimal health and wellbeing outcomes for the community, a thorough review and refocus of the Plan has been completed. The remaining two years of the Plan will have an evaluation framework implemented to focus on achieving the greatest outcomes for the community.

Cr McAllister left the meeting at 8:06 and returned to the meeting at 8.07pm prior to the vote being taken.

SUMMARY

Council is committed to partnering with the community through grant funding to encourage, support, and sustain an array of community-led initiatives. Grants support community led projects aligned to the delivery of Council’s strategic objective of “Connected and Healthy Communities.” These grants help communities to thrive, build social connections, enhance liveability, recover from natural disasters, and facilitate stronger, more resilient communities.

The three streams in the Grants for Community program focus on community development, arts and heritage, and festivals and events to bring community together. The grants encourage an asset-based community development (ABCD) approach, harnessing the strengths, experience, and ideas of communities across the municipality.

Two independent panels met for a day long deliberation where they developed a consensus on their recommendations to Council. This report presents the Panels’ recommendations for projects to be funded through the 2024 Grants for Community Program. The projects recommended in each stream are contained in Attachment One. The recommendations are for funding totalling $499,856.69 which is within the 2023-24 endorsed budget.

Cr Fullagar declared a general conflict of interest in Item 10.5, 2024 Grants for Community Recommendations, as the item refers to a community group he has involvement in.

Cr Fullagar left the meeting at 8:12 prior to discussion and the vote being taken.

Cr Fullagar returned to the meeting at 8.20pm following a vote being taken.

SUMMARY

This report outlines the outcome of the 2023/2024 Capital Development Grant Program.

Sixteen projects are recommended to be funded through this round of the grant program.

Funding agreements will be established with each recipient for the delivery of their initiative following formal consideration by Council.

Five projects are not recommended for approval in this round. Where eligible, the Recreation & Sport team will continue to work with these community groups on the development of their grant applications for future rounds.

SUMMARY

This report seeks to:

·                Inform Council of the outcomes of the recent consultation undertaken for the draft Active Recreation Plan (the draft Plan) - Attachment 1.

·                Identify any changes proposed following consultation.

·                Seek Council’s endorsement for the draft plan.

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.

The draft Plan was available for community consultation from 10 July 2023 to 31 August 2023.

89% of feedback was in support of the plan. Most comments received related to suggestions for activation and infrastructure projects that could be considered as part of the plan’s implementation.

There were two changes made to the plan following collation of all feedback and community consultation which related to how the plan referenced Aquatics facilities and altering the document structure to improve how some sections related to each other.

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.

SUMMARY

This report proposes a list of projects to be prioritised and endorsed by Council for their submission to the Growing Suburbs Fund 2023-2024 (GSF).

Applications opened on 25 August 2023 and close on 20 October 2023, with outcomes to be announced in January 2024.

This program’s total fund is $10 million. There is no limit on the number of projects councils can submit however no council will be awarded more than 20% of the total pool of funds. All amounts in this report exclude GST.

Funding ratio is Yarra Ranges $1 : Growing Suburbs Fund $1.

In line with previous GSF programs, successful projects are to be commenced no later than 18 months after the date of funding agreement execution and to be completed no later than 24 months after construction works commenced.

Submission of proposed projects must have been discussed with GSF representatives and have the formal endorsement of Council.

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

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                Emerald Monbulk Road, Monbulk Pedestrian Crossing

Cr McAllister raised concerns regarding a safe pedestrian crossing on Emerald Monbulk Road, Monbulk in the vicinity of Baynes Road, Monbulk. Cr McAllister requested the Director of Built Environment and Infrastructure investigate and advocate to Department of Transport for a safer pedestrian crossing.

The Mayor requested Officers to prepare a briefing for Councillors on the matter.

12.2                Poetic Portraits Event

Cr Todorov attended the Poetic Portraits Launch Event held Thursday 28 September 2023 at the Yarra Ranges Council Civic Centre. Poetic Portraits celebrates the rich and diverse life stories of Yarra Ranges residents over 50 and is part of the Yarra Ranges Over 50's Festival. Cr Todorov encouraged the community to visit the exhibition which is open until Wednesday 31 January 2024. Cr Skelton also attended the event.

Cr Skelton

-           Attended the Sustainable Environment Advisory Committee Meeting held on Thursday 5 October 2023 at the Yarra Ranges Council Civic Centre. Cr Fullagar also attended the meeting.

Cr McAllister

-           Attended the Audit and Risk Advisory Committee Meeting held on Monday 2 October 2023 at the Yarra Ranges Council Civic Centre. Cr Child also attended the meeting.

Cr Heenan left the meeting at 8:42 and returned to the meeting at 8.43pm.

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.