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.

Cr Fullagar declared a general interest in respect of Item 10.5 - CT7369 – Microsoft 365 Licensing Agreement State Purchase Contract DPC-ICT-04-2020, as he is a shareholder in Data#3.

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.

QUESTIONS FROM THE PUBLIC

QUESTION 1

We have received the same question from Peter Saxby of Warburton and Ellena Briggs of Millgrove. They have both asked.

The Warburton heritage tennis courts have been an integral part of our community for 120 years. Could you provide insight into the reasoning behind the decision to relocate these historic tennis courts, against community wishes? The significance of these courts is substantial, and their removal will impact all Warburton, and forever destroy the village setting of this important community asset. The rationale behind this and exploring potential alternatives would be appreciated by residents.

Nathan Islip, Acting Director Planning and Sustainable Futures:

Peter and Ellena, Thank you for your questions.

We acknowledge the heritage courts have had a long and important role in supporting the community for many generations. The Warburton Urban Design Framework proposes to balance the townships rich history whilst best preparing for future generations. The relocation of the existing tennis courts from their current location at the centre’s entrance to the Recreation Reserve.  This relocation will help facilitate safety and congestion solutions advocated for by community in consultations through an extension of Thomas Avenue while delivering space for an increase in provision from two courts to four new courts. 

These new courts would be developed to competition standard with improved amenities, spectator provisions and shelter. The heritage pavilion and adjacent heritage swing bridge will remain in their current location and be embellished through new community open space while retaining the character.

QUESTION 2

Donna Kollner of Montrose asked;

I was reading about the Urban design framework, and noticed a paragraph stating that you were to "inform the community and stakeholders of what an Urban design framework is.

So if we are the community then who are the stakeholders?

Nathan Islip, Acting Director Planning and Sustainable Futures:

Thank you for your question, Donna,

The term ‘community’ refers generally to residents and traders within Warburton, however there are a vast range of individuals and organisations who also are important during consultation such as land-owners, business owners, community groups and government agencies or authorities.  These are typically referred to as ‘Stakeholders’ as they have an interest but may not be geographically located within the centre.

QUESTION 3

Ellena Biggs of Millgrove asked;

Can the Director of Planning confirm when the Council will undertake a Heritage Study to identify additional sites with heritage significance in Warburton and surrounding areas and include these sites in a Heritage Overlay through a future Council Planning Scheme amendment as was stated to me in a letter from Council on 7th March 2022.

Nathan Islip, Acting Director Planning and Sustainable Futures:

Thank you for your question, Ellena.

Council’s Warburton Place Plan contains a heritage related action to. “Identify all significant Heritage sites within Warburton and surrounding areas and prepare for inclusion  ...  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 the naming of park area between the Adventcare Aged Home, 5 Woods Point Rd, Warburton and the Yarra River, Warburton.
34 valid signatures.

2.         Request the removal of traffic side posts on lower sealed section of Gleghorn Road, Kallista. 20 valid signatures.

3.         Request additional consultation before commencing any work at the Country Fire Authority site located at 79 Edward Rd, Churnside Park. This pertains specifically to the construction of a Fire Hose Drying Tower or a similar structure. 126 valid signatures.

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

Tammi Rose, Chief Executive Officer read the following statement in relation to the petition regarding 79 Edward Rd Chirnside Park Country Fire Authority site:

Before we proceed, I would like to provide context in relation to this petition.

There are currently no decisions for Council to make on the upgrading works currently underway at the CFA station at 79 Edward Road, Chirnside Park. 

I can confirm there have been two separate processes lodged with Council, both of which have been finalised, and which both included statutory consultation periods. 

The first was a public planning application process to view the plans and submit any concerns or suggestions to Council.  The matter underwent full advertising with one objection received.  No appeal was lodged with VCAT and the planning permit was issued, with current works underway. Permission for the 19m high hose drying tower was granted however also required permission under the building regulations. 

The second process is known as a “report and consent” request. The CFA required specific consent under the building regulations involving adjoining land owners not the broader community. 

The landowners concerns raised during this process were relayed to the CFA, who withdrew their request for the hose drying tower.

I appreciate that the fact having two processes, planning then building, one after the other, can cause confusion. In summary, the planning process is for the broader community to participate. The recent Report and Consent request under the Building Act is only for the immediately abutting neighbours.

I am confident the correct consultation, at the right time, in the two separate processes has occurred.

Now that the Report and Consent process under the Building regulation has been withdrawn, the hose drying tower will not be constructed, unless the CFA come back to Council for another report and consent application in the future.  The remaining approved building works are permitted to continue.

Whilst I have outlined the statutory process that guide Council role. I note the petition submitted has high public interest and as such it has been included in tonight’s Council papers for you to speak to.

In accordance with Governance Rule 58, David Krietemeyer, spoke in support of the recommendation included  ...  view the full minutes text for item 9.

SUMMARY

The proposal seeks to remove a single tree (River She Oak) which is sited on the road reserve of Kingswood Drive (abutting 8 Kingswood Drive), Chirnside Park.

A planning permit to remove the tree is required under the Clause 42.03 – Significant Landscape Overlay, Schedule 23 and under Clause 44.01 Erosion Management Overlay.

The application has been referred internally to Council’s Consulting Arborist, Environment Department and Geotechnical Engineer. Council’s Arborist has found that the removal of the tree is not warranted on the basis that there is no arboricultural reason.

Notice of the application was not required under Clause 52.31 – Local Government Projects, as the application has been submitted by a municipal council (Yarra Ranges Shire Council). 

The tree has been assessed as being a mature tree with a high amenity value and of a fair health.  The proposed tree removal is not supported when assessed against the relevant planning policy framework including Municipal Planning Strategy and the Planning Policy Framework, Zone, Significant Landscape Overlay and Particular Provisions of the Yarra Ranges Planning Scheme.

Therefore, it is recommended that a Notice of Refusal be issued.

In accordance with Governance Rule 58, Courtney Stewart and Byron Stewart spoke in objection to the recommendation included in the officer report.

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

SUMMARY

Council resolved on 13 December 2022 to place the draft Warburton Urban Design Framework on public exhibition between 16 December 2022 to 24 February 2023. The Framework provides practical design solutions to realise the intent of the design, development, and public realm actions contained in the Warburton Place Plan.

The comprehensive engagement undertaken has resulted in extensive Community feedback with 335 written submissions composed of over 1,800 comments, which have been assessed and documented within this report. The relevant feedback has been utilised to inform edits and updates to develop a proposed final version of the Warburton Urban Design Framework.

This report informs Councillors on the engagement process and proposed changes to the draft Warburton Urban Design Framework to enable consideration for adoption of the final Warburton Urban Design Framework.

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

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

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

Moved: Cr Child
Seconded: Cr Eastham

That Council

1.         Note the findings from community consultation and the changes shown in Attachment 2 – Marked Up Draft Warburton Urban Design Framework.

2.         Adopt the Warburton Urban Design Framework in accordance with the Attachment 3 - Proposed Final Warburton Urban Design Framework.

3.         Write to submitters to thank them for their engagement and advise them of the outcome of the Council Meeting.

4.         Officers, in collaboration with key authorities and the Warburton Emergency Planning Group, investigate options for a Place-Based Emergency Assessment for Warburton that identifies risks and mitigation measures to inform future projects and infrastructure planning.

The motion was Lost.

Division

Cr Heenan called for a division.

In Favour: Cr Child, Deputy Mayor Eastham and Cr Higgins, 

Against: Cr Cox, Cr Fullagar Cr McAllister, Cr Heenan and Cr Skelton

Absent: Mayor Todorov

McAllister moved a motion alternate to that printed in the agenda.

Procedural Motion

The Mayor called for the meeting to be adjourned at 9.26pm.

The meeting resumed at 9.32pm with all Councillors present.

SUMMARY

The draft Monbulk Urban Design Framework (Monbulk UDF) was previously reported to Council on 13 December 2022. The Framework provides practical design solutions to realise the intent of the design, development, and public realm actions within the Monbulk Structure Plan.

At its meeting on 13 December 2022, Council resolved to place the draft Monbulk UDF on public exhibition between 16 December 2022 and 12 March 2023, in line with the proposed Communications and Engagement Plan.  The comprehensive engagement undertaken has resulted in extensive Community feedback, with 448 submissions composed of 2,303 comments, which has been assessed and documented within this report. The relevant feedback has then been utilised to develop a final version of Monbulk UDF.

This report provides Council an overview of the feedback from the Community Consultation and how this is has informed the preparation of the updated version of the Monbulk UDF, which is recommended for formal adoption.

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

In accordance with Governance Rule 58, Aimee te Boekhorst, spoke in support of the recommendation included in the officer report.

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

SUMMARY

This report outlines the status of Bushfire Shelter options within the municipality of Yarra Ranges.

Annual Audits have been completed for the existing 18 designated Bushfire Neighbourhood Safer Places (NSP) - Bushfire Places of Last Resort. The 18 sites are designated NSP’s and comply with the mandatory assessment criteria. As such, all 18 sites will maintain their status as designated NSP’s for the 2023/24 fire danger period.

Three (3) existing Community Fire Refuges (CFRs) remain commissioned by Emergency Management Victoria (EMV) and will be retained within the municipality. These buildings are state owned managed assets, listed on both the Country Fire Authority (CFA) and Yarra Ranges Council websites.

No additional NSP or CFR sites have been established for the 2023/2024 fire danger period.

SUMMARY

This report seeks approval to appoint a provider for the provision of Microsoft Licensing in accordance with the Department of Premier and Cabinet (DPC) State Purchase Contract DPC-ICT-04-2020 that complies with Section 108 of the Local Government Act 2020, specifically:

·         CT7369 – Microsoft 365 E5 Licensing contract with vendor Data#3 to the value of $1.78 million (ex-GST).

Cr Fullagar left the meeting at 10.04pm prior to consideration of the item, having declared a conflict of interest in this item.

Cr Fullagar return to the meeting at 10.08 after a vote had been taken.

SUMMARY

The attached quarterly finance report and capital works report have been prepared as of 30 September 2023. The report includes financial year-to-date data up to quarter one of the 2023-2024 financial year and is compared to the adopted budget for the full year to 30 June 2024.

SUMMARY

This report summarises the evaluation process and seeks Council approval for the award of the contract for the Gruyere Road, Road Rehabilitation works from Darling Road to Harvey Close, Gruyere.

The Evaluation Panel recommends the tender from TDM Earthworks Pty Ltd be accepted for a lump sum contract amount of $1,158,959.98 exclusive of GST and inclusive of all adopted provisional items ($1,274,855.98 inclusive of GST and inclusive of all adopted provisional items).  The works includes pavement reconstruction, drainage, spray seal and line marking works. 

SUMMARY

This report summarises the evaluation process and seeks Council approval for the award of the contract for the stage one of Maddens Lane Road Rehabilitation works.

Maddens Lane, Gruyere (Maroondah Highway to Medhurst Road) is listed under the Roads Rehabilitation & Renewal Program within the Yarra Ranges Council Capital Expenditure Program with an allocated funding of $2,050,000 across two financial years 2023/2024 ($972,000) and 2024/2025 ($1,078,000).

This project is to be delivered in stages over two financial years in 2023/2024 and 2024/2025.

The evaluation panel recommends the tender from Prestige Paving Pty Ltd be accepted for a lump sum contract amount of $1,249,839.44 GST exclusive and inclusive of provisional items ($1,374,823.38 GST inclusive).

SUMMARY

This report summarises the quotation evaluation process for the Cedar Court Group, Monbulk - Road Improvement Special Charge Scheme and seeks Council approval to award the contract for construction to TDM Earthworks Pty Ltd.

As part of its 2019 budgetary process, the Federal Government announced a nine-year, $150 Million funding initiative for Yarra Ranges Council to seal roads within the Dandenong Ranges and surrounding areas.

On 10 January 2023 Council received formal notification dated 19 December 2022, from the Federal Government that the $150 Million Federal Government funding initiative would be reduced with Council only receiving total funding in the program of $47.656 Million ($47.7M). As a result of these funding cuts, Council’s ability to construct all roads on the endorsed priority list will not be possible.

At its meeting on 11 April 2023, Council considered a report for seven Special Charge Schemes that will proceed to construction. Cedar Court Road Group Monbulk was included in one of the seven groups of Special Charge Schemes to proceed to construction.

Landowner support has been sought and obtained for construction of the roads Loch Avenue, Burns Way, Mayview Drive, Harvest Close and Cedar Court, Monbulk, in accordance with Council’s Special Charge Scheme Policy. The project has been listed in Council’s 2023/24 Capital Expenditure Program.

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    Mt Evelyn Street Party

Cr Heenan thanked the Council for their support at the Mt Evelyn Street Party held on Sunday 29 October 2023. Cr Heenan noted the positive feedback from community and stallholders. Cr Heenan hoped for the same success for the upcoming Lilydale Street Fair & Festival being held on Saturday 2 December 2023.

Cr Skelton

-           Attended the Municipal Emergency Management Planning Committee meeting held on Wednesday 15 November 2023 at the Yarra Ranges Council Civic Centre, Lilydale. Cr Child also attended.

-           Attended the Eastern Alliance for Greenhouse Action meeting held on Thursday 23 November 2023 via videoconference.

Cr Fullagar

-           Attended the Eastern Transport Coalition meeting held on Thursday 16 November 2023 via videoconference.

Cr Cox

-           Attended the Kilsyth Festival on Sunday 26 November 2023 held at the Elizabeth Bridge Reserve, Kilsyth

Cr McAllister

-           Attended the Audit and Risk Management Committee meeting held on Monday 28 November 2023 at the Yarra Ranges Council Civic Centre, Lilydale. Cr Child also attended.

Cr Eastham

-           Attended the Burrinja Cultural Centre Annual General Meeting and Board Meeting held on Monday 28 November 2023 at the Burrinja Cultural Centre, Upway.

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:

Letter Under Seal - Sue Thompson

A letter under seal has been prepared in recognition of Sue Thompson, who has resigned as President of Lilydale & District Historical Society after 37 years of service.

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.