Agenda and minutes

Council Meeting - Tuesday, 27th February, 2024 7.00 pm

Venue: Council Chamber - Civic Centre and via Videoconference. View directions

Contact: Governance 1300 368 333 

Note: 598th 

Items
No. Item

5.

MAYORAL ANNOUNCEMENTS pdf icon PDF 27 KB

Minutes:

ITEM WITHDRAWN

The mayor announced that prior to the meeting the Chief Executive Officer withdrew item 10.1 Community Engagement Plan for Council Plan to allow for Council Officers to include further information in the report.

6.

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS pdf icon PDF 28 KB

Minutes:

Moved: Cr Todorov
Seconded: Cr Heenan

That the Minutes of the Council Meeting held Tuesday 13 February 2024, as circulated, be confirmed.

The motion was Carried unanimously.

 

 

7.

DISCLOSURE OF CONFLICTS OF INTEREST pdf icon PDF 66 KB

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.

Minutes:

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.

 

8.

QUESTIONS AND SUBMISSIONS FROM THE PUBLIC pdf icon PDF 49 KB

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.

Minutes:

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

 

Rosemary Mosley of Lilydale asked;

When a Petition has been lodged with Council, is a copy provided to all Councillors and relevant Shire personnel when the matter of the Petition is on a Council Meeting Agenda ?

If so, is that Petition read carefully, including additional items, eg. photos to illustrate the topic, prior to the Meeting?

 

Andrew Hilson, Director Corporate Services:

Thank you for your question, Rosemary for the question and Susan for reading that.  

Once a petition to Council is lodged it is assessed by Council Officers to ensure it meets all the requirements of a formal Petition to Council.   

Once confirmed, the petition is included in a Council meeting agenda and all petition material, including any photos, are provided to the Mayor, Deputy Mayor, all Councillors, relevant Council officers and Council’s CEO.  Information about a petition is usually provided to Councillors and officers one week prior to the Council meeting, or as soon as it is received from a Petitioner. Additional background information and context is also provided where necessary by officers to Councillors to assist in their understanding of the matter.

All Yarra Ranges Councillors take their role, responsibilities and duties seriously, which includes an expectation to read and understand all briefing materials such as petitions and Council officer reports.


 

QUESTION 2

 

Sonya Weir of Lilydale asked;

Why do the rate payers affected by flooding pay the same rates as everyone else in Lilydale?

 

Andrew Hilson, Director Corporate Services

Thank you for your question, Sonya.

General rates charges for a property are calculated using the formula “Capital Improved Value x Rate in the Dollar.”

All ratepayers across the municipality have the same Rate in the Dollar applied to their general rates calculation, however rates charges vary between ratepayers due to different property valuations, which depend on a large number of factors influencing property values. Properties in different locations and subject to different conditions are likely to have different valuations and therefore rates charges.

It is Yarra Ranges Council’s determination that this method of calculating general rates provides the most fair and equitable way for all ratepayers to contribute towards the many services delivered by Council across the municipality.

Any person who is aggrieved by the valuation of their property may object to that valuation to the Valuer General of Victoria, this is a cost-free process.

 


 

QUESTION 3

 

Belinda Bernardini of Lilydale asked;

What was the total waste charge for all households in 22/23FY?

[and]

Taking into account the new FOGO system, can council advise what the total anticipated waste charges will be for all household (cumulatively) for the 23/24FY?

 

Kath McClusky, Director Planning and Sustainable Futures

Thank you for your question, Belinda.

The total waste charge for all households in 2022/2023FY was approximately $23.8 Million.

Council is currently working through the collection of  ...  view the full minutes text for item 8.

9.

PETITIONS pdf icon PDF 72 KB

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.

Minutes:

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.

9.1

Petitions to Council pdf icon PDF 37 KB

Minutes:

SUMMARY

The following petitions be received:

General Petition

1.         Request that Yarra Ranges Council to establish an LGBTIQA+ Advisory Committee.

7 valid signatures.

2.         Request council implement measures to substantially reduce the volume of traffic using Clifford Grove, Tecoma.

9 valid signatures.

 

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

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

 

Moved: Cr Child
Seconded: Cr Fullagar

That the following General Petitions be received and noted and referred to the appropriate officer.

1.         Request that Yarra Ranges Council to establish an LGBTIQA+ Advisory Committee.

2.         Request council implement measures to substantially reduce the volume of traffic using Clifford Grove, Tecoma.

The motion was Carried unanimously.

 

10.

BUSINESS PAPER

10.1

Community Engagement Plan for Council Plan

Minutes:

SUMMARY

By the end of October in the year following a Council election, each Council is required to develop a four-year strategy (the Council Plan) defining how it is going to work towards its community’s vision, supported by a 10-year Asset and Financial Plan.

To ensure this process truly reflects what the breadth of the community want, a detailed engagement process is undertaken ahead of the Council elections to inform the development of these strategic documents.

This paper provides an overview of the various avenues of community engagement planned to draw in the diverse opinions of the Yarra Ranges’ community for the development of the 2025-2029 Council Plan and 10-year Financial and Asset plans.

 

ITEM WITHDRAWN

The Chief Executive Officer withdrew Item 10.1 - Community Engagement Plan for Council Plan from the agenda to allow for Council Officers to include further information in the report.

There was no consideration of the item at this meeting.

10.2

Road Reserve - Stuart Road, East Warburton pdf icon PDF 816 KB

Minutes:

SUMMARY

Stuart Road, East Warburton is an unsealed Council Road as defined in section 3(1) of the 1989 Act, on the basis that the Road is known to title as a road reserve.  A house is located on that part of No. 35 which is situated between the Road and the Yarra River but the house does not encroach upon the Road.

A gate across the road at the street frontage of No. 35 on Stuart Road, to protect its property from trespassers and antisocial behaviour, which gate is locked with a padlock, currently limits access for the local community.

At its meeting on 13th September 2022, the Council received a petition advocating for the reinstatement of vehicle use and pedestrian access via Stuart Road, East Warburton to the Yarra River. The petitioners expressed concerns about the southern portion of Stuart Road, which is currently obstructed by a locked gate and signage.

There is a historical record of public use and a community desire to access the Yarra River via the southern portion of Stuart Road.  Council has limited care and management responsibilities in respect of the unconstructed section (gated) of Road, it does have an overriding responsibility to manage and minimise any risks to public health and safety in respect of any use of the Road.

Concerns regarding the local community being restricted vehicle access for their own emergency purposes were raised by the petitioners. However, advice from Council’s Emergency Management team and the Municipal Fire Management Planning Committee (MFMPC) led to the rejection of the proposal for unrestricted community access. Emergency Services vehicles access to the road reserve is supported.

In light of this, this report recommends installing a locked gate (with standard S100 key for emergency / maintenance access) with narrow opening for pedestrians, to prevent private vehicles from accessing the road reserve. Any signs on the gates which restricts pedestrian access to the road reserve needs to be removed.

In the event of continued concerns, further initiatives, such as delineating the road reserve and the property at No. 35 Stuart Road, is recommended to be explored.

 

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

In accordance with Governance Rule 58, Timothy Herbert and Harvey Bowlt spoke in support to the recommendation included in the officer report.

 

Cr McAllister left the meeting at 8.38pm and returned to the meeting at 8.39pm prior to a vote being taken.

 

Moved: Cr Child
Seconded: Cr Cox

That Council

1.         Maintain use of Stuart Road, East Warburton for pedestrian access to the Yarra River.

2.         Prevent public vehicular access to the river via the unconstructed road section of Stuart Road, East Warburton bounded by 35 Stuart Road.

3.         Maintain the road access for the relevant Authorities and Emergency Services Vehicles.

4.         Install a locked gate (with emergency services/maintenance access) with suitable pedestrian access that prevents private vehicles from accessing the road reserve.

5.         Remove signage which restricts pedestrian access to  ...  view the full minutes text for item 10.2

11.

COUNCILLOR MOTIONS pdf icon PDF 28 KB

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.

Minutes:

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.

ITEMS THROUGH THE CHAIR pdf icon PDF 27 KB

Minutes:

12.1    Storm Event

 

Cr Skelton thanked Council Officers in supporting Emergency Services and community during the storm event two weeks ago. Cr Skelton encouraged an ongoing conversation to ensure Council is prepared for future storm events.

13.

REPORTS FROM DELEGATES pdf icon PDF 27 KB

Minutes:

Cr McAllister left the meeting at 8.54pm and returned to the meeting at 9.01pm.

 

Cr Fullagar

-           Attended the Eastern Regional Transport Alliance Meeting held on 15 February 2024 via videoconference.

 

-           Attended the Burrinja Cultural Centre Board Meeting held on 19 February 2024 at the Burrinja Cultural Centre, Upway.

 

Cr Skelton

-           Attended the Indigenous Advisory Committee Meeting held on 20 February 2024 at the Yarra Ranges Council Civic Centre, Lilydale. Cr McAllister and Cr Todorov also attended.

 

Cr Eastham

-           Attended the Agribusiness Yarra Valley Committee Meeting held on 21 February 2024 held at the Yarra Ranges Council Civic Centre, Lilydale.

 

Cr Child

-           Attended the Your Library Board Meeting held on 8 February 2024 held at the Your Library Office, Scoresby. Cr Fullagar also attended.

 

-           Attended the Municipal Emergency Management Planning Committee (MEMPC) Meeting held on 21 February 2024 at the Yarra Ranges Council Civic Centre, Lilydale.

 

Cr McAllister

-           Attended the Audit and Risk Management Committee Meeting held on Monday 19 2024 at the Yarra Ranges Council Civic Centre, Lilydale.

 

14.

DOCUMENTS FOR SIGNING AND SEALING pdf icon PDF 107 KB

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.

Minutes:

SUMMARY

It is requested that the following documents be signed and sealed:

Letter Under Seal – Sean Kavanagh

A letter under seal has been prepared in recognition of Sean Kavanagh, who has resigned after 38 years of service with Yarra Ranges Council (and formerly the Shire of Sherbrooke).

 

Moved: Cr Heenan
Seconded: Cr Eastham

That the following listed document be signed and sealed:

Letter Under Seal – Sean Kavanagh.

The motion was Carried unanimously.

 

15.

INFORMAL MEETING OF COUNCILLORS pdf icon PDF 90 KB

Additional documents:

Minutes:

Moved: Cr Heenan
Seconded: Cr McAllister

That the records of the Informal Meetings of Councillors, copies of which are attached to the report, be received and noted.

The motion was Carried unanimously.

 

16.

URGENT BUSINESS pdf icon PDF 28 KB

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.

Minutes:

There was no Urgent Business received for this meeting.

 

17.

CONFIDENTIAL ITEMS pdf icon PDF 28 KB

In accordance with section 66(2)(a) of the Local Government Act 2020.

Minutes:

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.

 

18.

DATE OF NEXT MEETING pdf icon PDF 28 KB

Additional documents: