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.

QUESTIONS FROM THE PUBLIC

QUESTION 1

Belinda Bernardini of Lilydale asked;

Referring to 10.1 of tonight's agenda and specifically recommendation 2, can council advise the definition of "vexatious" as noted in the recommendation and who would determine who would determine what is construed as "vexatious requests". If MAV pass this recommendation , what remedies would be afforded to residents who do not believe that their issue has been dealt with satisfactorily. Would this prohibit freedom of opinion?

Andrew Hilson, Director Corporate Service:

Thank you for your question, Belinda.

Council's definition of ‘vexatious’ aligns with the Victorian Ombudsman's definition of 'Unreasonable Behaviour'. Specifically, this relates to behaviours such as unreasonable persistence, demands and arguments, along with an unreasonable lack of cooperation, and aggressive behaviour. The Victorian Ombudsman and Council's current complaint handling policy both include several examples of each of these behaviours, and can be found on each organisation's website

If the motion being considered at tonight’s Council meeting is supported, and then supported at the State Council of the Municipal Association of Victoria (MAV), it would become a policy position of the MAV and therefore inform their advocacy to the State Government on behalf of the local government sector.

Ultimately the definition of ‘vexatious’ requests would be defined by the State Government who would draft and pass legislation.  

Regardless of whether the MAV motion is passed or not residents who feel their complaint has been unfairly rejected as vexatious or unreasonable would be able to escalate their complaint to a third-party agency such as the Victorian Ombudsman, Local Government Inspectorate or the Victorian Equal Opportunity and Human Rights commission. These escalation options are in line with our current complaint handling processes and policy.

QUESTION 2

Susan Lee of Lilydale asked;

In regards to Rosemary Mosley’s Petition with Agenda item number 9.1 submitted on 13 Feb 2024 to this council, which addressed the need to urgently upgrade the flood drainage on the downhill end of Chapel St, Lilydale, (after Clarke St) and the subsequent Resolution being passed at the same Council Meeting, what date can the 9 unit owners at 26 and 28 Chapel St expect drainage work to commence please? All the owners are waiting for the specific date from your Drainage and Infrastructure Team.

Hjalmar Philipp, Director Built Environment and Infrastructure

Thank you for your question, Susan.

February 13, Council resolved to receive a petition requesting drainage improvements at Chapel and Clarke Streets, Lilydale.

The petition is now being investigated by the infrastructure team and starts with scoping and design. 

In this case, the team will commence with catchment analysis to properly understand water flows and determine what improvements may assist, without causing downstream impacts elsewhere.

Engineering concepts for any identified improvements are then developed, including cost estimates and a delivery plan, for consideration in Council budgets.  Subject to budget confirmation,  ...  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.

There were no Petitions received for this meeting.

SUMMARY

The Municipal Association of Victoria (MAV) will hold the next State Council meeting on Friday 17 May 2024. The MAV has called for councils to submit proposed motions to be considered at the meeting. If supported by the member councils, motions become resolutions and policy positions of the MAV.

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

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

SUMMARY

The application is for the building and works to construct a telecommunications monopole tower, ancillary equipment, and the construction of a fence around the tower and ancillary equipment. No vegetation is proposed to be impacted or removed.

The use of the land for a telecommunications facility is allowed by the Yarra Ranges Planning Scheme and does not require a planning permit.

The existing telecommunications facility on the site is a facility installed on a three-metre extension on the rooftop of the Chirnside Park Country Club building in the form of a slimline chimney. The facility and extension will be decommissioned and removed as part of the proposal.

The application was advertised, with sixteen (16) objections and eight (8) letters of support received. The objections raised concerns about visual impact, the proximity to residential properties and other sensitive land uses, health effects and impacts from construction.

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, protection of native vegetation, and the siting of the facility within the site, balanced with the need to ensure telecommunications service expectations is met for the broader community.

The proposal is generally in accordance with the Yarra Ranges Planning Scheme, and the development and use can be appropriately managed, subject to conditions. Accordingly, it is recommended that the planning permit application be approved and a Notice of Decision to Grant a Planning Permit, subject to conditions, be issued.

The Mayor called for the meeting to be adjourned at 8.01pm to resolve technical issues with videoconferencing.

The meeting resumed at 8.06pm with all Councillors present.

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

Division

Cr Heenan called for a division.

In Favour: Cr Child, Cr McAllister, Cr Fullagar, Cr Cox, Mayor Todorov, Cr Eastham and Cr Skelton

Against: Cr Heenan

Absent: Cr Higgins

SUMMARY

The Audit and Risk Management Committee (the Committee) has been established by Council under Section 53 of the Local Government Act 2020 (the Act). It is the responsibility of the Committee to provide Council with independent, objective advice and assurance on the adequacy of management arrangements as set out in the Audit and Risk Management Committee Charter (the Charter).

The Act requires that the Committee prepare a biannual report for Council that describes their activities and includes any findings and recommendations. This report provides a biannual report of the Committee for the period ending 31 December 2023.

This report also recommends the reappointment of Mr Simon Mahony as an Independent Member of the Committee for a three-month term commencing 1 May 2024 and ending 1 August 2024.

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

SUMMARY

This report summarises the evaluation process and seeks Council approval for the award of the contract for the Morrisons Reserve Playspace Renewal works. Located off Mikado Road, Mount Evelyn VIC 3796.

This contract will deliver part of the future open space youth precinct activation project for Morrison Reserve.  These works include a revitalised of the playspace servicing inter-generational play, new paths, landscaping, a new public toilet and all-abilities access. The project provides vital connections and amenities to compliment the future youth precinct activation and an urban bike park project.

The recommendation in this report has been formally endorsed by the tender evaluation panel.

Subject to resolution of Council, works are anticipated to commence April 2024 with works expected to reach practical completion late September 2024.

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 received for this meeting.

12.1    Belgrave Survival Day

Cr Skelton thanked the Officers involved in the organisation of the Belgrave Survival Day, held on Sunday 3 February 2024. Cr Skelton noted the large crowd in attendance at the event and the Community Grant received by the organisers, from Yarra Ranges Council, which contribute to the success of the day.

12.2    Belgrave Tecoma Township Group

Cr Skelton acknowledged the work undertaken by the Yarra Ranges Council Community Development Officer in supporting the Belgrave Tecoma Township Group. Cr Skelton noted that the group has been struggling with membership over a period of time but with the support of the Community Development Officer they now have all Committee positions filled. Cr Skelton and Cr Fullagar also attended the AGM of the group on Thursday 7 March 2024.

12.3    Warburton Trail Fest

Cr Child congratulated the Officers and Organisers of the Warburton Trail Fest held on Saturday 9 & Sunday 10 March 2024 in Warburton. Cr Child acknowledged the challenges the event encounter being held on a weekend of extreme fire danger and commended Chris Ord and the team of organisers for their work with relevant authorities to make the day a success for all those in attendance.

12.4    Celebrate Mooroolbark Festival and Yarra Valley Wool and
Handicrafts Show

Cr Todorov advised Councillors of the upcoming Celebrate Mooroolbark Festival and Yarra Valley Wool and Handicrafts Show to be held on Sunday 17 March 2024 in Hookey Park, Mooroolbark. Cr Todorov encouraged the community to attend the event and enjoy the free activities, competitions, entertainment, and market stalls.

Cr Heenan

-           Attended the Lilydale Township Action Group meeting on Wednesday 6 March 2024, at the Yarra Ranges Regional Museum, Lilydale.

-           Raised traffic concerns in and around Lilydale since the completion of the Level Crossing removal works and inquired if advocacy work with VicRoads could be prioritised.

Cr Child

-           Attended the Yarra Valley ECOSS Meeting on Wednesday 28 February 2024 at Yarra Valley ECOSS, Wesburn.

-           Attended the Municipal Fire Management Planning Committee on Wednesday 6 March 2024 held at the Yarra Ranges Council Civic Centre, Lilydale. Cr Skelton was also in attendance.

Cr Skelton

-           Attended the Positive Ageing Reference Group Committee Meeting on Thursday 29 February 2024 held at the Yarra Ranges Council Civic Centre, Lilydale.

-           Attended the Municipal Fire Management Planning Committee on Wednesday 6 March 2024 held at the Yarra Ranges Council Civic Centre, Lilydale. Cr Child was also in attendance.

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 was requested that the following documents be signed and sealed:

Creation of Easement – Deed of Release - Yarra Ranges Shire Council and Rodney Wilson Smith and Patricia Ann Smith.

Creation of Easement (E1 and E2) for drainage purposes in favour of Yarra Ranges Shire Council, being part of land contained in Certificate of Title Volume 11926 Folio 761 and known as 39 Fernhill Road, Mount Evelyn 3796.

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 were no Urgent Business listed on the agenda 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.