Agenda and minutes

There were no Mayoral Announcements for this meeting.

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

Wendy Wright of Wandin North asked;

The council's own Strategy reveals 60% of the 7,000 (4,200+) residents who completed the survey wanted WEEKLY rubbish collection to remain.
65% of webinar attendees (less than 200) would consider FORTNIGHTLY collection.

Why did Councillors choose to ignore the majority of community feedback?

Amanda Kern, Acting Director Planning and Sustainable Futures:

Thank you for your question, Wendy.

The decision to transition to fortnightly collection was based on a range of considerations, including community sentiment. Council’s Community Resource Recovery and Waste Plan is based on waste industry research, best practice for FOGO collections, other sector insights and community feedback.

The collection frequency adopted in our Plan is designed to maximise the recovery of organic material from landfill and ensure that we can meet Recycling Victoria targets by 2030, and that the service provides the best value for the community. 

We are committed to providing education to the community throughout the roll out of this new service to help all residents better understand the service and its benefits.

QUESTION 2

Dean Hurlston of Malvern East asked;

Can Council please explain how it can IMPOSE, MANDATE AND ENFORCE a service on the community when the legislation says it must provide it, HOW can Council compel residents to accept this service and pay for it, is this not an imposition of a non opt out TAX?

Amanda Kern, Acting Director Planning and Sustainable Futures:

Thank you for your question, Dean, we understand this question relates to the introduction of FOGO services.

All Councils are required to provide the services and work towards the reduction targets outlined by Recycle Victoria.

Councils can charge fees for a range of services such as waste, recycling or food and organic services.

QUESTION 3

Dean Hurlston of Malvern East asked;

Can Council explain to residents how the mandatory opt in FOGO service responds to the diverse needs of the community, given it has no consideration of those who compost or do not require the service?

Amanda Kern, Acting Director Planning and Sustainable Futures:

Thank you for your question, Dean.

Council understands the diversity of our community. The FOGO service is intended to complement those currently composting. You can place certain items into your FOGO bin that some home composting systems can't accept such as cooked foods, meat, bones, dairy and citrus. 

The FOGO service maximises the recovery of organic material from landfill and ensures that we can meet Recycling Victoria policy targets to be achieved across the state by 2030 and provides the best oputcomes for the Community.

Council is committed to reviewing of how the system is working following its 6-month implementation to ensure it best meets community needs and delivers on the broader environmental targets.

QUESTION 4

Wendy Wright of Wandin North asked;

Does the State legislation Circular Economy  ...  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.

There were no Petitions received for this meeting.

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 2022-2023 Annual Report has been prepared to provide the community transparent reporting on our financial and non-financial achievements for the last financial year in accordance with the Local Government Act 2020 and the Local Government (Planning and Reporting) Regulations 2020.

The Annual Report has also been developed to share with the community the story of successes and challenges Yarra Ranges Council faced in delivering on the 2021-2025 Council Plan.

The 2022-2023 Annual Report has three components: the Report of Operations, the audited Performance Statement and the Financial Report. This paper covers the Report of Operations (Part 1). The Performance Statement and Financial Report (Part 2) are presented as another agenda item.

The Annual Report will be made available online and in the foyer of the Lilydale Civic Centre.

SUMMARY

The 2022-2023 Annual Financial Statements and Performance Statement are presented to Council for approval in principle, prior to final consideration by the Victorian Auditor-General's Office (VAGO) and their agent (Crowe Australasia).  Crowe has completed a review of the Financial Statements and the Performance Statement and all supporting information, with the statements reflecting the outcomes of the audit. Crowe expects to issue an unqualified audit opinion (subject to final signoff by VAGO).

These statements have been reviewed and endorsed in principle by Council’s Audit and Risk Management Committee (ARMC) on Monday 2 October 2023 and have verbal and draft audit clearance from Crowe for presentation to Council.

Council is required under the Local Government Act 2020 to approve in principle each of the statements and to authorise two Councillors to certify each of the statements in their final form subject to any changes recommended, or agreed to, by VAGO being made.

It is recommended the two Councillors authorised to certify the statements be the Councillor representatives on the ARMC, being Cr Jim Child and Cr Fiona McAllister.

SUMMARY

The proposal is to subdivide the land into six lots in two stages, construct four dwellings, and associated removal of vegetation.

The application was referred to the Country Fire Authority (CFA), Melbourne Water, Yarra Valley Water, Comdain Gas, SP AusNet, Department of Transport and Planning an (DTP) and internally by Council’s Engineering Traffic and Drainage Departments, Environmental Department, Arborist and Warburton/Lilydale trail working group. All referral assessments determined no overarching concerns with the proposal, subject to conditions.

Two (2) objections and two (2) petition objections have been received, with a total of 49 signatures. Objector concerns primarily relate to existing traffic conditions at corner/intersection of Howard Street and Seymour Street where vehicle users are having near traffic accidents and waste collection trucks are blocking traffic flow, waterway flooding and hard rubbish left on nature strips, and general amenity impacts with more development.

The proposed subdivision complies with the Scheme’s minimum lot sizes, is compliant with Clause 55 ResCode current standards and relevant objectives Design and Development Overlay objectives and Council’s Multi Unit Development Design Guidelines. The vegetation removal meets objectives set out in related policies and controls.

Overall, the proposed development and design response complies with relevant policies, provisions, and prescribed design standards of the Yarra Ranges Planning Scheme.

It is recommended the application be approved subject to conditions.

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

Cr McAllister left the meeting at 7.48pm and returned to the meeting at 7.48pm prior to a vote being taken.

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

SUMMARY

Following detailed evaluation of Yarra Ranges’ current aquatic and leisure facility performance, comprehensive industry research and extensive community engagement, this report presents the draft Yarra Ranges Aquatic and Leisure Strategy and seeks approval for community consultation.

This report also recommends permanent closure of Kilsyth Centenary Pool, following its temporary closure in March 2023 due to significant structural defects posing an unacceptable risk to community.  The recommendation to permanently close follows discussions with affected users, broader community consultation and comprehensive data analysis as part of the aquatics strategy development which identified:

·                Significant overlapping catchment with neighbouring municipality (e.g. AquaHub is 4 km from Kilsyth Centenary Pool).

·                Costly repairs to aging infrastructure, with no guarantee of success or extension of asset life.

·                Declining usage, high operating and renewal costs.

·                Services and assets that do not meet community expectation.

Discussions with the Lilydale Swim Club have been ongoing throughout the temporary closure.  Council can support existing users of Kilsyth Centenary Pool by:

·                Continuing discussions with neighbouring aquatic services to accommodate displaced users.

·                Supporting additional programs and capacity for existing users in other aquatic facilities within Yarra Ranges.

·                Supporting Lilydale Swim Club to train at other Aquatic Centres within Yarra Ranges.

·                Providing financial support to Lilydale Swim Club to support the lane hire costs at aquatic facilities in nearby Councils.

Following decommissioning, a master planning process for Kiloran Park is proposed, which could investigate options for water play in the area. 

The aquatics strategy also recommends Council progress a detailed business case for an urban facility, examining operating and funding models, including private sector investment.

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

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

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

SUMMARY

Council is preparing a new Housing Strategy to replace the current 2009 Housing Strategy. The new Housing Strategy, once adopted, will guide the location, intensity and design of new residential development in Yarra Ranges for the next 15 years. The Housing Strategy will also articulate Council’s policy on affordable, social, and sustainable housing and provide a framework for residential planning controls in the Yarra Ranges Planning Scheme.

The preparation of a new Housing Strategy is timely given the current housing crisis in Australia and urgency for action on housing deficiencies, and recent notable announcements by the Victorian Government.  It is noted that the proposed Draft Housing Strategy remains relevant and aligned with the directions and intent of these State announcements.

A Housing Strategy Review Discussion Paper and supporting documents, including a draft Neighbourhood Character Study, were placed on public exhibition for one month from 1 March 2022 to 5 April 2022.  A number of community engagement activities were undertaken to enable input.

Based on the feedback received, a draft Housing Strategy has been prepared (Attachment 1) for public consultation in November and December this year.

SUMMARY

This report summarises the evaluation process and seeks Council approval for the establishment of a panel of pre-qualified Water Tank Infrastructure Specialists. Yarra Ranges Council has set potable water use reduction targets across the organisation and increasingly requires rainwater tanks across its facility portfolio. Council is also participating in an innovative research program called the Monbulk Creek Smart Water Network which requires rainwater tank installations.

The Monbulk Creek Smart Water Network (MCSWN), aims to support vulnerable platypus populations in the Monbulk Creek by regulating the water levels and reducing the impacts of peak high and low stormwater events on the aquatic ecology. These environmental flows will be regulated using remote technology and real-time monitoring controlling release from rainwater tanks and the Belgrave Lake and Birdsland Lake reservoirs.

The tanks supplied under the MCSWN will be grant funded but facilitated through council. The anticipated expenditure of the MCSWN project, combined with future tank installations at facilities, has triggered the need for this EOI3708 Water Tank Infrastructure Specialist Panel.

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

SUMMARY

This report summarises the process undertaken by Council Officers to seek to comply with the alternate motion unanimously carried at the Council Meeting on 23 May 2023 with regards to contract CT7063 Provision of Fire Slashing Services. The alternate motion sought changes to the contract specification with regard to slashing withinFence to Fence areas (New Contract Specification).

Yarra Ranges Council have an existing exemption under the Road Safety Act 1986 from the State Department of Energy, Environment and Climate Action (DEECA) for slashing, with clear parameters regarding what is appropriate and how this is determined alongside authorised fire prevention duties under the Country Fire Authority Act 1958. The fire slashing program, along with all applicable Council activities, are detailed within Council’s annual fire readiness program (see Attachment 3).

Upon investigation and consultation with the DEECA Native Vegetation Regulation Team, Officers have identified that the New Contract Specification is beyond the scope of Council’s existing exemption under the above acts and incapable of being implemented by Council. This report provides an update to Council  on how we will execute contract CT7063 in line with the original contract specification as presented to Council on 23 May 2023.

SUMMARY

Council has provided a range of services funded through the Australian Government’s Commonwealth Home Support Programme (CHSP) since 2015.  The Australian Government is in the process of reforming the overall national aged care system, implementing a range of system changes prior to fully replacing the CHSP with a new program in 2025. 

An internal review of the three programs that continue to be delivered by Council’s Healthy Ageing Unit has recently been completed.  These programs are Meals, Transport and Social Support Group and are predominantly funded by the Australian Government through the CHSP program, with the State Government funding a very small proportion of the overall Meals program.

It is no longer essential for Council to provide these services as other funded providers of Transport and Social Support Group operate in the municipality, and there is an opportunity to establish a sustainable delivered Meals service that would increase the benefits of the current Meals program.  These programs operate at a cost to Council and there is an opportunity for Council to re-invest and develop activities that other organisations do not provide that will support healthy ageing. 

It is recommended that Council inform the Australian Government that it will transition out of providing these three activities and that Council renegotiate with the State Government alternative use of funding currently received to increase social inclusion and connection. 

It is also recommended that Council support the ongoing investment of the current approved Council budget ($816,000) for Healthy Ageing in activities that will benefit a greater proportion of the older community. 

The possibility that Council will transition out of providing these services has been communicated to funders and current clients and the staff and volunteers involved in the provision of these programs have been consulted.

Jane Price, Director of Communities, read the following letter from Carole Corcoran.

Dear Jim,

I am writing in response to your letter dated 8 September 2023. I wish to have my objections read and recorded at the meeting being held on 24 October 2023 and for the Council to take note of, whilst they are considering the report about the services they wish to remove from the Yarra Valley.

Transport

I live in the Upper Yarra area of the Yarra Ranges Council and rely on the Council Transport to get to Medical appointments, in the future Social Activities such as travel to Wandin Senior Citizens for example, because I do not live along or near the bus service that travels along Warburton Highway it would be nearly impossible for me to access this service, besides the fact that I cannot get onto the bus because of having knee problems and not able to walk long distances, if I attempted to walk to the bus stop, I would need to walk down a steep gravel road to Warburton Highway and then along a very narrow grass verge (which would put me in danger of being hit by speeding cars as there is very little space to walk safely) to  ...  view the full minutes text for item 10.8

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 Heights Reserve

Cr Cox met with community user of the Mooroolbark Heights Reserve. Discussions were held regarding the current state of the facilities and the issues that sporting groups are having with the facilities.

The Mayor referred the matter to the Director Built Environment and Infrastructure for further investigation.

12.2                The Living Stories

Cr Todorov attended the Living Stories of Mental Health event held at Japara Neighbourhood House on Saturday, 14 October 2023. Cr Todorov spoke of the stories of people living in the Yarra Ranges with experience in mental health challenges. The Mayor also attend the event.

12.3                Traffic Conditions in Warburton

The Mayor raised the current traffic issues in Warburton including speeding and the potential need for timed parking Warburton Water World carpark.

The Mayor referred the matter to the Director Built Environment and Infrastructure for further investigation.

12.4                Final Council Meeting as Mayor of Yarra Ranges Council

The Mayor informed councillors that this meeting would be his last as Mayor.

The Mayor spoke of the events that had occurred over the previous two year including a State and Federal election, the passing of a Monarch and the Storm Recovery.

The Mayor went on to note the achievement of Council over the past two years, and thanked his fellow Councillors and Officers for the support he has received while holding the office of Mayor.

12.5                Final Council Meeting of Cr Child as Mayor

Cr Fullagar thanked the Mayor for his leadership over the past 2 years and congratulated him on behalf of all Councillors.

 12.6               Final Council Meeting of Cr Child as Mayor

Chief Executive Officer, Tammi Rose thanked the Mayor for his leadership over the past 2 years and congratulated him on behalf of all Officers.

12.7                Final Council Meeting of Cr Child as Mayor

Cr Cox thanked the Mayor for his leadership over the past 2 years and congratulated him for the work he has done.

Cr McAllister left the Meeting at 10.08pm.

Tammi Rose, Chief Executive Officer, left the meeting at 10.08pm and returned to the meeting at 10.08pm.

Cr Skelton

-           Attended the Municipal Association of Victoria Annual Conference 2023 on Thursday 12 October 2023 at the Sofitel Melbourne. Cr Child Todorov also attended the Conference.

-           Attended the Indigenous Advisory Committee Meeting held on Tuesday 17 October 2023 at the Yarra Ranges Council Civic Centre.

Cr Fullagar

-           Attended the Your Library Board Meeting held on Thursday 19 October 2023 at the Your Library Head Office, Scoresby.

Cr Cox

-           Attended the Disability Advisory Committee Meeting held on Wednesday 11 October 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:

(a) Letter Under Seal – Rosa Owen

(b) Letter Under Seal – Grant Shanks

A letter under seal has been prepared in recognition of Rosa Owen who has retired after 17 years of service with Yarra Ranges Council, and Grant Shanks who has retired after 44 years of service with Yarra Ranges Council.

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.