Agenda and minutes

Council Meeting - Tuesday, 26th November, 2024 7.00 pm

Venue: Council Chamber - Civic Centre. View directions

Contact: Governance 1300 368 333 

Note: 615th 

Items
No. Item

5.

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.

 

6.

MAYORAL ANNOUNCEMENTS pdf icon PDF 27 KB

Minutes:

­­­­­­­­There were no Mayoral Announcements for this meeting.

7.

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS pdf icon PDF 28 KB

Minutes:

 

Moved: Cr Mazzarella
Seconded: Cr Heenan

That the Minutes of the Council Meeting held Tuesday 19 November 2024, as circulated, be confirmed.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:       Nil

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 TO COUNCIL

 

Karen Duke of Warburton asked;

I would like to know what is happening with the public toilets on Dammans Rd in Warburton,

These toilets are the Only public toilets on the north side of the river in Warburton. They have been reported to council for over 4 years about being broken and running into the river. Now they have been closed for over 2 months. There are no other facilities close by and these toilets are next to a bbq area.

Visitors have been using trees and even the river itself as a toilet. This is unacceptable and disgusting. I have just paid my rates but would gladly ask for it back to put in portable toilets here, portable toilets at Chisholm park area on north side of the river other bbq area, turn the unused council building opposite the bakery into a disabled and family toilet with change rooms, along with the same facilities at the redwood centre as council insist this is for overflow parking with no amenities.

Warburton has never had an upgrade or added amenities to compensate for the over tourism it is experiencing. Not one cent has been spent.

This is the stuff that needs to get done now, not in a couple of weeks - now.

What is council going to do about this?

 

Hjalmar Phillip, Director Built Environment and Infrastructure

Thank you for your question Karen.

The public toilets on Dammans Road are owned by the State Government Department of Energy, Environment and Climate Action (DEECA). However, Council does include them on its cleaning schedule for benefit of local residents and visitors. Council are aware that these toilets have been closed on the recommendation of DEECA following an engineering report concerning the structural integrity of the building and risks to public safety.

The lack of public toilets on this side of the river is acknowledged and Council officers are currently working with DEECA on requirements of the rebuild and also the provision of temporary toilets for the upcoming holiday season.

In Warburton itself Council has recently undertaken several minor upgrade projects including works at Scotchman’s Creek, Warburton Rec Reserve, and Thomas Avenue. In addition, Council also carry out regular maintenance and targeted cleaning program across all amenities within Warburton and across the broader municipality.

 

 

 

SUBMISISSIONS TO COUNCIL

 

There were no Submissions listed on the Agenda for this meeting.

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.

Additional documents:

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.

 

SUMMARY

The following petition be received:

General Petition

1.         The introduction of a Special Charge Scheme for Sealing the Private Access Way from 12 Ornata Road to 19 and 23 Ornata Road, Mount Dandenong.

7 valid signatures.

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

Moved: Cr Marriott
Seconded: Cr McAllister

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

1. The introduction of a Special Charge Scheme for Sealing the Private Access Way from 12 Ornata Road to 19 and 23 Ornata Road, Mount Dandenong.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:       Nil

 

10.

BUSINESS PAPER

10.1

Neighbourhood Safer Places or Places of Last Resort Annual Report pdf icon PDF 169 KB

Additional documents:

Minutes:

SUMMARY

This report is seeking Council to endorse the designation of Bushfire Shelter options within the municipality of Yarra Ranges.

The annual audit has been completed for all identified Neighbourhood Safer Places – Bushfire Places of Last Resort (NSP_BPLR) in Yarra Ranges.  Nineteen sites have been audited and are deemed compliant for designation as NSP-BPLR for the 2024/2025 fire danger period.

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

This fire season one additional NSP-BPLR site has been reinstated, the Seville Recreational Reserve, first oval, making 19 sites in total, and 3 CFR sites established for the 2024/2025 fire danger period.

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

Moved: Cr McAllister
Seconded: Cr Mcilwain

That Council supports and endorses the designation of 19 Neighbourhood Safer Places – Bushfire Places of Last Resort for the 2024/2025 fire danger period as deemed under the Country Fire Authority Act 1958.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:       Nil

 

10.2

Quarterly Financial Report - SEPTEMBER 2024 pdf icon PDF 148 KB

Additional documents:

Minutes:

SUMMARY

The attached September 2024 Finance Report has been prepared as of 30 September 2024.

The report includes financial year-to-date data up to the end of September for the 2024-2025 financial year and is compared to adopted budget for the financial year 2024-2025.

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

Moved: Cr Mazzarella
Seconded: Cr McAllister

That Council receives and notes the Finance Report for the three months to 30 September 2024.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella,
Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:       Nil

 

10.3

Appointment and Authorisation under the Environment Protection Act 2017 and the Planning and Environment Act 1987 pdf icon PDF 119 KB

Additional documents:

Minutes:

SUMMARY

To perform all functions and powers required to meet Council’s legislative obligations, Council must delegate powers and duties to Council officers to ensure services are delivered in a timely and coordinated manner. This is achieved through Instruments of Appointment and Authorisation. Such Instruments enable the organisation of Yarra Ranges Council to perform its role, serving the community, in a compliant and safe manner.

This report provides for an update to the previous appointment of Council officers as Authorised Officers pursuant to Section 147(4) of the Planning and Environment Act 1987 and Section 242(2) of the Environment Protection Act 2017. Council is asked to approve the updated Instruments attached to this report, see Attachment One and Attachment 2. The current Instrument of Appointment and Authorisation was authorised by Council, 12 September 2023.

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

Moved: Cr Higgins
Seconded: Cr Marriott

ThatCouncil

1.             Formallyappoint theofficers referredto in

(a)          the Instrument of Appointment and Authorisation included at Attachment 1 to the report as an Authorised Officer, pursuant to Section 147 (4) of the Planning and Environment Act 1987 and Section 313 of the Local Government Act 2020.

(b)          the Instrument of Appointment and Authorisation included at Attachment 2 to the report as an Authorised Officer, pursuant to Section 242(2) of the Environment Protection Act 2017 and the Instrument of Delegation of the Environment Protection Authority under the Act dated 4 June 2021.

2.             Request that both Instruments of Appointment and Authorisation, as outlined in this recommendation, be signed and sealed by the Chief Executive Officer.

3.             Note that both Instruments come into force immediately the commonseal of Council is affixed to the Instruments and remain in force until Council determines to vary or revoke them.

The motion was Carried unanimously.

In Favour:   Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:       Nil

 

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 & Yarra Valley Show

Cr Heenan attended the Lilydale & Yarra Valley Show that ran on 16 & 17 November 2024. Cr Heenan was presented a plaque, on behalf of Council, in appreciation of Council’s continued support of the Lilydale & Yarra Valley Show. Cr Heenan acknowledged the contribution of all the volunteers that make the show possible.

 

12.2    Holy Fools

Cr Heenan informed Council the Holy Fools Christmas Hamper Packing will be occurring again this year and encouraged community to donate through the purple pins located throughout the Municipality.  Cr Heenan also encouraged, those that can, to support their local charities this Christmas to help community members who may be struggling this year.

 

12.3    Lilydale & Yarra Valley Show

Cr Mazzarella also attended the Lilydale & Yarra Valley Show. Cr Mazzarella thanked the President, Secretary and volunteers that made the show possible and noted what a great opportunity the show was to catch up with family and friends.

 

12.1    Kilsyth Festival

Cr Cox attended the Kilsyth Festival on 24 November 2024. Cr Cox Thanked all the members of the Kilsyth Action Group for the work they have put into the event.

 

12.4    Candlebark Community Nursery

Cr Marriott attended the Candlebark Community Nursery Annual General Meeting on 24 November 2024. Cr Marriott noted the hard work undertaken by the group over the past year. Cr Mazzarella also attended the meeting.


12.5    Montrose Men’s Shed

Cr Marriott attended the Montrose Men’s Shed on 25 November 2024. Cr Marriott noted the discussion regarding future plans and development of the group.

 

12.6    Selby Festival

Cr Mcilwain attended the Selby Festival on 23 November 2024. Cr Mcilwain thanked the organisers of the fabulous event.

 

12.7    Lilydale Melba Festival & Street Fair

Cr Heenan encouraged community to attend the upcoming Lilydale Melba Festival & Street Fair to be held on 8 December 2024

 

 

 

13.

REPORTS FROM DELEGATES pdf icon PDF 27 KB

Minutes:

Cr McAllister

-           Attended the Audit & Risk Management Committee meeting held on 25 November 2025 at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr Child.

14.

DOCUMENTS FOR SIGNING AND SEALING pdf icon PDF 28 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:

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>

 

15.

INFORMAL MEETING OF COUNCILLORS pdf icon PDF 89 KB

Additional documents:

Minutes:

 

Moved: Cr Child
Seconded: Cr Higgins

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.

In Favour:   Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:       Nil

 

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: