Agenda and draft minutes

ANZAC Day

The Mayor read the following statement.

As you all know, this Thursday, the 25th of April, marks the 109th anniversary of the Gallipoli landings, where Australian and New Zealand troops arrived to heavy fire from their foes.

ANZAC Day is to thank and remember every service, person, their courage, and their sacrifice for this country, in the name of freedom.

For me ANZAC Day is also to reflect on the futility of war, now more than ever, and look forward to the day we can all hold our hearts and hands in peace.

Thank you to all who have volunteered to host the various services across Yarra Ranges this year, and we hope to see many of you in attendance.

We also acknowledge the Australian spirit as described by our students today at the Kokoda Track Memorial, and they are, courage, endurance, mateship and sacrifice.

Lest we forget.

In accordance with Governance Rule 29.1, Cr Todorov spoke to the Motion.

In Favour:   Cr Heenan, Cr Higgins, Cr Todorov, Cr Child, Cr McAllister,
Cr Fullagar and Cr Cox.

Against:       Nil

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 Cox declared a material conflict of interest in Item 10.3, Councillor Expenditure Policy - Reimbursement of Expenses for Cr Eastham and Cr Cox, as the item refers to reimbursement of out-of-pocket expenses.

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

Anonymous asked;

1. What is the frequency of refresher Privacy training for Councillors and Council Executives at Yarra Ranges Council to ensure they know their obligations under the Privacy and Data Protection Act?

2. Are ALL Councillors, ALL Council Executive and ALL Council Officers up to date and compliant with their Privacy training?

Andrew Hilson, Director Corporate Services

Thank you for your question.

I can confirm that all Councillors completed mandatory privacy training during their Councillor induction training program in 2020 and 2021. Councillors are required to undertake privacy training every four years.

All staff including Council Executive and Council Officers are required to undertake a range of mandatory training modules including privacy training.  

Council’s privacy awareness training module is required to be completed by all new staff and again by all staff on a three yearly cycle. This training module’s most recent completion rate was 100% for all Councillors and Council Executive members, and overall at 89% across all staff. Please note that this response rate includes Council’s outdoor workers, remote staff such as school crossing supervisors, staff on leave, casual and temporary staff.

QUESTION 2

Anonymous asked;

Soon Australian Federal government will vote on a proposed Digital l.D. bill, where government gives itself permission to collect and store, in one place, private data of every Australian. If the Digital l.D. bill is accepted, 350,000 public servants would be given access to private information of every Australian.

I’ve encountered repeated targeted harassment, as a result of public servants breeching privacy policies and sharing my data.

How can I get my email and phone details removed from Yarra Ranges Council database, before the federal government comes looking for data?

Andrew Hilson, Director Corporate Services

Thank you for your question.

I can confirm that at your request in your question that your email and phone details have been removed from our database. We have also added alerts and restrictions in our database to limit access to your data and to prevent your contact details being re-added without your permission.

However, where you have contacted Council via email this correspondence remains in our file management system as per our data management obligations.

It is Council’s understanding that the federal Digital ID Bill seeks to put in place a framework to create an economy-wide Digital ID system in Australia, ensuring strong privacy and security safeguards for people who choose to use a Digital ID, with accredited providers. Thank you.

QUESTION 3

Eric Adams of Mooroolbark asked;

If the Quality Assurance Officer is assessing the public facilities how are they getting such a state before the anything is done to clean them up?

If you are paying the contractors to clean the facilities and the facilities are not cleaned why are you paying the contractors to go back and do what  ...  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 Petition

1.         Request that Yarra Ranges Council replace or upgrade the existing play equipment at the Roseman Reserve, Chirnside Park (61 Roseman Road, Chirnside Park).

161 valid signatures.

2.         Residents of Beenak Road, Yellingbo, request that Yarra Ranges Council undertake a Special Charge Scheme investigation into sealing the section of Beenak Road, Yellingbo, between Smiths Road and Hansen Creek Road.

51 valid signatures.

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

In accordance with Governance Rule 29.1, Cr Child and Cr Higgins spoke to the Motion.

In Favour:   Cr Heenan, Cr Higgins, Cr Todorov, Cr Child, Cr McAllister,
Cr Fullagar and Cr Cox.

Against:       Nil

SUMMARY

The application is for the building and works to construct a telecommunications facility (monopole), ancillary equipment, construction of a fence around the tower within a ten-by-ten metre envelope and ancillary equipment. The overall height of the facility (including antennas and equipment) is set at 38 metres above ground level.

A total of four trees are proposed for removal out of which only one tree requires planning permit permission.

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 applicant advises that the proposed facility at 8 Meadow Fair Way, Chirnside Park will work in conjunction with their recently approved facility at 275 Edward Road, Chirnside Park (YR-2023/32) to effectively service the local area, located approximately 1000 metre north from the subject site.

These two facilities are designed and intended to work together and will not function separately. The tower will support both Vodafone and Optus infrastructure. The property is a small rural allotment with an area of approximately 2.04 hectares and contains few rows of planted vegetation and some scattered vegetation throughout the site.

The eastern and western boundaries of the site contain a dense screen of planted vegetation, and apart from an old shed, does not contain any other buildings or notable infrastructure onsite. The existing access to the site is informal, located on the southwest corner of the lot. The access to the site will be upgraded as part of this application.

The application was advertised, and thirty-seven (37) objections were received. The objections raised concerns about visual amenity, inappropriate in Green Wedge A Zone and rural landscape, health and safety impact, impact on vegetation, elevated emissions, devaluation of property, impact on wildlife due to noise, proximity to residential properties, insufficient and ineffective advertising notification/period, and as to why the development location was chosen.

The proposal has been assessed against the relevant provisions of the Planning Scheme and the Yarra Ranges Council Telecommunications Facilities Policy (2012). It is consistent with the Scheme and policy. It is recommended that the application be approved and a Notice of Decision to Grant a Planning Permit, subject to conditions, be issued.

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

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

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

In accordance with Governance Rule 29.1, Cr Higgins, Cr Heenan, Cr Fullagar, Cr Cox, Cr Todorov, Cr McAllister and Cr Child spoke to the Motion.

SUMMARY

A draft budget 2024-25 (and subsequent three years to 2027-28) including the 2024-25 to 2033-34 Capital Expenditure Program has been prepared following the outcome of extensive internal consultation and development. These documents articulate Council's focus for the next four years and outline the financial and resource strategies to fund the activities planned to support the community through this period.

The documents have been prepared in draft form to provide an opportunity for community comment as required under the Local Government Act 2020 and Council's Community Engagement Policy. This report seeks Council’s endorsement to release the draft budget for a period of community consultation.

Submissions received from community members (written or verbal presentations) will be considered at a Hearing of Submissions Committee meeting on 28 May 2024. It is planned that Council will consider the adoption of the final Budget (incorporating any changes following community consultation) at the Council meeting being held on 25 June 2024.

In accordance with Governance Rule 29.1, Cr Fullagar, Cr Cox, Cr McAllister,
Cr Heenan and Cr Todorov spoke to the Motion.

In Favour:   Cr Heenan, Cr Higgins, Cr Todorov, Cr Child, Cr McAllister,
Cr Fullagar and Cr Cox.

Against:       Nil

SUMMARY

The Local Government Act 2020 (the Act) governs the reimbursement of expenses for Councillors and members of a delegated committee. This requires Council to reimburse reasonable, bona fide out-of-pocket expenses incurred while performing their respective roles.

The Councillor Expenditure Policy (the Policy) requires all claims for the reimbursement of expenses to be made within three months of the date an expense has been incurred.

Claims submitted outside this three-month period must be considered by Council.

In accordance with the Policy, approval is sought to reimburse out-of-pocket expenses as follows:

·                $790.89 travel expenses incurred by Cr Eastham during the period 1 November 2023 to 20 December 2023; and

·                $1,173.42 travel expenses incurred by Cr Cox during the period 27 July 2023 to 30 November 2023.

Cr Cox declared a material conflict of interest in Item 10.3, Councillor Expenditure Policy - Reimbursement of Expenses for Cr Eastham and Cr Cox, as the item refers to reimbursement of out-of-pocket expenses.

Cr Cox left the meeting at 9.09pm prior to the vote being taken.

In Favour:   Cr Heenan, Cr Higgins, Cr Todorov, Cr Child, Cr McAllister,
Cr Fullagar and Cr Cox.

Against:       Nil

Cr Cox returned to the meeting at 9.10pm following a vote being taken.

SUMMARY

This report summarises the evaluation process and seeks Council approval for the award of the contract EOI7330 7453 Land Art Trail Construction works located at Kalorama Park Picnic Ground, Kalorama VIC 3766. This contract will deliver part of the ngurrak barring | RidgeWalk project, an art and cultural walking experience, which occurs across 39km of walking track throughout the Dandenong Ranges.

Through community engagements and pop-ups to date, the ngurrak barring team have received feedback highlighting the strong need for access and inclusive connections and pathways throughout the hills. This has led to the focus of using the centrepiece “Regeneration” as a trail that can experienced by all.

The proposed centre piece will include works such as new trails, seating areas, civil infrastructure and landscaping which all combine as part of the ‘Regeneration’ Land Art designed by TARRMAC Studio, FOOKS Studio and Aspect Studio. The works have been well-considered with the complex sloping site accommodating a 40m drop over the total length of 750m walking path. The Land Art trail is the key public artwork piece for ngurrak barring, providing connection for the trail from Montrose to Karwarra Australian Plant Garden and Nursery (Experience 01). The top section of the park incorporates a DDA path allowing for all-abilities access to the new Listening and Harmonic sculptures, slowly transforming into a gravel trail meandering down towards the lower picnic area. The project provides vital connections and amenities as part of ngurrak barring.

The Evaluation panel recommend the tender from R & J Kent & CO PTY LTD to be accepted for a lump sum contract amount of $1,755,081.00 Excl. GST.

In accordance with Governance Rule 29.1, Cr Fullagar, Cr Higgins and Cr Child spoke to the Motion.

In Favour:   Cr Heenan, Cr Higgins, Cr Todorov, Cr Child, Cr McAllister,
Cr Fullagar and Cr Cox.

Against:       Nil

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    Dandenong Ranges Music Council Youth Awards

Cr Fullagar attended the Dandenong Ranges Music Council Youth Awards on Sunday 21 April 2024. Cr Fullagar noted the calibre of the young performers aged between 9 and 15 and presented the Ann and Chris Krans Music Award to Jade Chen. Cr Skelton and Mr Aaron Violi MP also attended the event.

12.2    Flooding of Warburton Cenotaph

Cr Child thanked Built Environment and Infrastructure Officers for their timely response with the flooding situation at the Warburton Cenotaph.

12.3    Citizenship Ceremony

Cr Child attended the Citizenship Ceremony on Saturday 20 April 2024 at The Memo, Healesville. Cr Child thanked the Mayor, Cr Eastham and Cr McAllister for their contribution in such a successful event.

12.4    Montrose Township Group – Kilsyth Action Group

Cr Cox attended the Montrose Township Group Annual General Meeting held at the Montrose Town Centre on Wednesday 17 April 2024. Cr Cox noted how full the venue was with enthusiastic community members. Cr Cox also noted the Kilsyth Action Group held their Annual General Meeting in the same week at Japara House, Kilsyth.

12.6    Japara Living and Learning Centre

Cr Cox reported that Japara Living and Leaning Centre currently hosts approximately 1420 people attending the venue each week.

12.7    Yarra Valley Italian Cultural Group Exhibition

Cr Todorov attended the Yarra Valley Italian Cultural Group Exhibition opening on Saturday 20 April 2024 at the Old Courthouse, Lilydale. Cr Todorov noted the rich Italian culture and heritage of the Yarra Ranges dating back to the mid 1800's.

Cr Fullagar

-           Attended the Burrinja Cultural Centre Board Meeting on Monday 15 April 2024, held at the Burrinja Cultural Centre, Upwey.

Cr Child

-           Attended the Your Library Board Meeting on Thursday 18 April 2024, held at the Knox Library - Ngarrgoo, Wantirna South.

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.

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.

There were no Documents for Signing and Sealing received for this meeting.</AI24><AI25>

In Favour:   Cr Heenan, Cr Higgins, Cr Todorov, Cr Child, Cr McAllister,
Cr Fullagar and Cr Cox.

Against:       Nil

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.