Agenda and draft minutes

Council Meeting - Tuesday, 9th April, 2024 7.00 pm

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

Contact: Governance 1300 368 333 

Note: 601st 

Items
No. Item

5.

MAYORAL ANNOUNCEMENTS pdf icon PDF 27 KB

Minutes:

There were no Mayoral Announcements for this meeting.

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 26 March 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 48 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

 

In accordance with Governance Rule 59.10, Rosemary Mosley read their Question to Council.

Rosemary Mosley of Lilydale asked;

Re: Petition with Agenda item number 9.1.

Why is there scant communication or consultation with residents who actually experience street flooding into properties? A comprehensive understanding of the lay of the land and residents' experiences of patterns of flooding would surely be a valuable resource when/if plans are being formulated to address and remediate an inefficient Council street drainage infrastructure, plus regular ongoing maintenance regime to clear gutters and pits of tree debris. 

 

Hjalmar Philipp, Director Built Environment and Infrastructure

Thank you for your question, Rosemary.There are a few parts to this question, and you will receive a copy of the response from tonight.

Council has several communication mechanisms including directly with residents on specific issues and more broadly via Council’s website. We are also developing a Yarra Ranges Drainage newsletter to keep residents better informed of drainage and flooding issues which we expect to release in the coming months.  

Further to these updates the Victorian Sate Government and Council work together to identify properties that may be affected by flood risk.  The Land Subject to Inundation Overlay (LSIO) is a type of control designed to prompt the early consideration of flood risks in the planning process and provide guidance and standards on how these sites should respond to that flood risk.

The Victoria State Emergency Service (ViCSES) is the control agency for storm and flood in Victoria VicSES and provides communities with a Local Flood Guide to understand, prepare and respond effectively to their flood risk.  These local Guides are available on the VicSES website.

Finally, Council’s stormwater management plan that is under development considers how stormwater impacts the different areas of Yarra Ranges, including, known floodplains and areas inundated by stormwater in recent years and this will be communicated to the community.

The plan will outline how Council will manage stormwater and identify priority Actions for Council, along with communication to the broader community and advocacy priorities for the State Government, specifically Melbourne Water to enhance current flood mapping of Council’s storm water drainage network.

QUESTION 2

 

In accordance with Governance Rule 59.10, Michelle de Limaread their Question to Council.

Michelle de Lima of Lilydale asked;

What has YRC done to mitigate likely increased water volumes for flood stormwater flow and flood events given the Lilydale Quarry, Kinley Estate, Coldstream Estate redevelopments to accommodate the increased population?

What plans are in place, or planned, and by when to increase the capacity of Lillydale Lake to receive additional water volumes for stormwater flows and overflows flood events once Kinley Estate is finalised to prevent flooding to the Gateway Estate and surrounding streets?

 

Hjalmar Philipp, Director Built Environment and Infrastructure

Thank you for your question, Michelle.  ...  view the full minutes text for item 8.

9.

PETITIONS pdf icon PDF 73 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.

 

There were no Petitions received for this meeting.

 

10.

BUSINESS PAPER

10.1

Lillydale Lake Masterplan - Consideration for Adoption pdf icon PDF 282 KB

Additional documents:

Minutes:

SUMMARY

This report provides an update on the community feedback to the draft Lillydale Lake Park Master Plan (the draft Master Plan) that has been developed following extensive consultation with the local Lilydale residents, park user groups, Council’s Advisory Groups, Box Hill Institute, Kinley Development, and the broader Yarra Ranges community. The draft Master Plan provides a 15-year strategic approach to improve recreation facilities at Lillydale Lake Park (the Lake) in response to identified community needs, opportunities and population growth projected in the area. 

A program of community consultation was undertaken 26 April to 6 June 2023, with strong support received.  Improvements recommended include an upgrade to the water access and viewing facilities, youth activity and exercise area, accessible seating and picnic spaces, informative Indigenous and historical signage, plus improved path connectivity with the Box Hill Institute and new Kinley Development. These have been updated into the Master Plan which is now recommended for consideration for Adoption.

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

Moved: Cr Heenan
Seconded: Cr Todorov

That Council

1.         Considers the findings of community consultation on the Draft Lillydale Lake Park Master Plan.

2.         Adopts the Lillydale Lake Park Master Plan 2024 – 2039 generally in accordance with Attachment 1.

3.         Write to submitters to advise them of the outcome of the Council Meeting.

The motion was Carried unanimously.

 

10.2

Review of Delegations Made to Council Staff pdf icon PDF 116 KB

Additional documents:

Minutes:

SUMMARY

Updates have been made to the Instrument of Delegation to members of Council staff (the Instrument) to reflect minor legislative changes. The proposed changes relate to the Instrument of Delegation for the Planning and Environment Act 1987. There are no other changes to the Instrument of Delegation associated with this report. The proposed changes, shown by way of “track changes” in Attachment 1 to the report, ensure that appropriate members of Council staff holding, acting in or performing the duties of the positions described in the Instrument are nominated to act as delegates for the actions listed.

Council is asked to approve the updated Instrument.

 

Moved: Cr Child
Seconded: Cr Eastham

In the exercise of the powers conferred by the legislation referred to in the Instrument of Delegation included at Attachment 1, Council resolves that:

1.         The delegations made to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Delegation to members of Council staff be approved, subject to the conditions and limitations specified in that Instrument.

2.         The Instrument comes into force immediately the common seal of Council is affixed to the Instrument.

3.         On the coming into force of the Instrument all previous delegations to members of Council staff (other than to the Chief Executive Officer) are revoked.

4.         The duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

The motion was Carried unanimously.

 

10.3

Aquatics and Leisure Strategy Community Consultation Outcomes and Adoption pdf icon PDF 175 KB

Additional documents:

Minutes:

SUMMARY

This report:

·                Provides a review of the outcomes of the final phase of community consultation to inform the draft Yarra Ranges Aquatics and Leisure Strategy.

·                Provides the proposed Yarra Ranges Aquatics and Leisure Strategy that considers the outcomes of community consultation.

·                Seeks adoption of the Yarra Ranges Aquatics and Leisure Strategy generally in accordance with the strategy presented. 

The project team presented the first draft of the Yarra Ranges Aquatics and Leisure Strategy (draft Strategy) at a special Forum meeting on 13 August 2022. The draft Strategy was then further developed through comprehensive data analysis, a community needs assessment, industry expertise and technical knowledge of industry leaders.

Council approved the communication and engagement plan for the draft Strategy on 7 February 2023. Council undertook phases 1 and 2 of the community consultation between 27 February and 28 April 2023. Phase 3 of consultation occurred from October 2023 until January 2024 and included online consultation (from 25 October - 15 December), focus groups and face to face community pop ups. A full consultation summary report is available on the Yarra Ranges Shaping Page.  A summary of the campaign completed for phase 3 is provided in attachment 1. Minor changes have been suggested to the draft Strategy in response to community consultation, Councillor feedback and the Council decision to support the permanent closure of Kilsyth Centenary Pool.

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

Moved: Cr Eastham
Seconded: Cr Skelton

That Council

1.         Note the community responses to the recent consultation on the Draft Yarra Ranges Aquatic and Leisure Strategy.

2.         Note the updates to the draft of Yarra Ranges Aquatic and Leisure Strategy.

3.         Note the Yarra Ranges Aquatic and Leisure Strategy includes review points, including an annual review of the implementation plan to allow Council to respond to changing circumstances.

4.         Endorse the Yarra Ranges Aquatic and Leisure Strategy included at Attachment 2.

The motion was Carried unanimously.

 

10.4

Birmingham Road Mount Evelyn Traffic Management pdf icon PDF 929 KB

Additional documents:

Minutes:

SUMMARY

At its meeting on 13 September 2022, Council received a petition highlighting concerns about dangerous traffic conditions during pick up and drop off times at Birmingham Primary School, Mount Evelyn. The petitioners requested the intersection at Birmingham Road and Francis Crescent be signalised.

Separate to the petition, concerns were also expressed by school crossing supervisors regarding safety issues at the Birmingham Road children’s crossing.

Council officers have conducted a thorough traffic investigation, including on-site inspections, intersection assessment and engagement with relevant stakeholders. The assessment revealed that while the intersection currently operates acceptably during AM Peak, congestion occurs at the intersection between 3:30 pm and 3:45 pm.

The request to signalise the Birmingham Road/ Francis Crescent intersection will improve traffic flow during the critical period between 3.30pm-3.45pm. Outside of the period between 3.30pm-3.45pm, intersection performance would not be significantly improved. However, signalisation of the intersection will provide other benefits, including:

·                Temporal separation of high-risk pedestrian and vehicle movements.

·                Increased driver compliance.

·                Greater capacity for increased traffic generated to and from the school.

The signalising of the intersection is expected to cost approximately $500,000, coupled with an annual maintenance cost of $20,000.

Council has recently been notified of Road Safety Victoria’s funding opportunity “Safe Local Roads and Streets Program” – factsheet attached. Under this program, each Council would receive $2 million to implement prioritised road safety projects. Council’s Traffic team is scheduled to begin engagement with Road Safety Victoria in June/July 2024. It is recommended that the signalised intersection at Birmingham Road/Francis Crescent be included for prioritisation and funding consideration.

Additionally, Council’s Traffic team is in the process of implementing improvements by installing radar speed display signs and have commissioned the installation of zig zag line marking on the approach to Birmingham Road children’s crossing to address safety concerns raised by the school crossing supervisors.

In accordance with Governance Rule 58, Bosa Carter and Trish Enzinher spoke in support of the recommendation included in the officer report.

In accordance with Governance Rule 58, Jenny Matthews spoke in objection of the recommendation included in the officer report.

 

 

 

Moved: Cr Heenan
Seconded: Cr Eastham

That Council

1.         Note the implementation of radar speed display signs and zig zag line marking on Birmingham Road.

2.         Include the signalisation of Birmingham Road / Francis Crescent for funding consideration as part of Road Safety Victoria’s Safe Local Roads and Streets Program.

The motion was Carried unanimously.

 

 

10.5

EOI6105 7125 Alpine Street, Cecil Street and Glenbrook Road Warburton – Road Improvement Works Special Charge Scheme pdf icon PDF 166 KB

Additional documents:

Minutes:

SUMMARY

This report summarises the quotation evaluation process for the Alpine Street, Cecil Street and Glenbrook Road, Warburton - Road Improvement Special Charge Scheme and seeks Council approval to award the contract for construction to JTX Civil Contracting Pty Ltd trading as Jotomex Civil Contracting 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 $47.67 Million ($47.7M). As a result of these funding cuts, Councils 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. Alpine Street, Cecil Street and Glenbrook Road, Warburton 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 Alpine Street, Cecil Street and Glenbrook Road, Warburton 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.

 

Moved: Cr Child
Seconded: Cr Skelton

That

1.         Council accepts the tender from JTX Civil Contracting Pty Ltd for the total lump sum price of $915,537.00 (GST exclusive), $1,007,090.70 inclusive of GST and all provisional items as defined in this proposal.

2.         Council approves the Director of Built Environment and Infrastructure be delegated the authority to sign the contract documents.

3.         The confidential attachment to this report remains confidential indefinitely as it relates to matters specified under section 3(1)(g)(i), (g)(ii) of the Local Government Act 2020.

The motion was Carried unanimously.

 

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    Lilydale Flood Watch Group

Cr Heenan and the Mayor attended a meeting of the Lilydale Flood Watch Group. Cr Heenan noted the questions and concerns raised by community at the meeting. The Mayor noted the importance of hearing the voices of community impacted by the recent weather and rain events.

 

12.2    Beverley Schmolling

Cr McAllister noted the sad passing of Beverley Schmolling on 29 March 2024, in Healesville. Cr McAllister praised Beverley for her health advocacy work and noted she was incremental in getting six new dialysis machines brought to Healesville.

 

 

 

 

13.

REPORTS FROM DELEGATES pdf icon PDF 27 KB

Minutes:

Cr Child

-           Attended the opening Knox Library held on 27 March 2023 at the Westfield Knox Shopping Centre. The meeting was also attended by Cr Fullagar.

 

Cr Skelton

-           Attended the Sustainable Environment Advisory Committee meeting held on 4 April 2024 at the Yarra Ranges Council Civic Centre.

 

Cr Fullagar

-           Attended the Eastern Transport Coalition held on 21 March 2024 via videoconference.

 

Cr Todorov

-           Attended the Health and Wellbeing Advisory Committee meeting held on 4 April 2024 at the Yarra Ranges Council Civic Centre.

 

14.

DOCUMENTS FOR SIGNING AND SEALING pdf icon PDF 32 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 document be signed and sealed:

Deed of Release - Yarra Ranges Shire Council and Akira Matsumoto and Gillian Cromie.

The deed relates to Council acquiring drainage easements (E1, E2 and E3) situated on part of land contained in Certificate of Title - Volume 9742 and Folio 152 and known as 35 Fernhill Road, Mount Evelyn.

The above drainage easements are required as part of a Council Drainage Infrastructure Improvement Project which aims to address surface water runoff impacting property owners between 27-41 Fernhill Road, Mount Evelyn. For this project there are five properties requiring drainage easement/s and to date this is the third deed of release to be listed for signing and sealing.

 

Moved: Cr Eastham
Seconded: Cr Child

That the following listed document be signed and sealed:

Deed of Release - Yarra Ranges Shire Council and Akira Matsumoto and Gillian Cromie.

The motion was Carried unanimously.

 

 

 

15.

INFORMAL MEETING OF COUNCILLORS pdf icon PDF 94 KB

Additional documents:

Minutes:

Moved: Cr Skelton
Seconded: Cr Todorov

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:

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: