Agenda and draft minutes

Council Meeting - Tuesday, 27th May, 2025 7.00 pm

Venue: Council Chamber - Civic Centre. View directions

Contact: Governance 1300 368 333 

Note: 624th 

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.

 

Cr Marriott declared a general interest in respect of Item 10.3. A written notice was supplied to the Chief Executive Officer under Governance Rules Chapter 7 Sub-Rule 3.1b.

6.

MAYORAL ANNOUNCEMENTS pdf icon PDF 27 KB

Minutes:

The Mayor read the following statement:

Vale Greg Macdonald

On behalf of Yarra Ranges Council and the broader community, I extend our deepest condolences to the family and loved ones of Greg Macdonald following his recent passing.

Greg’s association with the Lilydale & Yarra Valley Show began in his youth, attending alongside his father, R. Macdonald, who served as President in 1976. Over the decades, Greg demonstrated unwavering dedication to the Show and its values. He was appointed an Honorary Member in 1990, served as President from 1993 to 1995, and was awarded Life Membership in 1994.

After a period away, Greg returned to serve as Vice President for nine years, later stepping in as Acting Secretary, and most recently, as Treasurer. He was also a familiar and respected presence on stage as MC, and a representative of the Central and Upper Goulburn Group.

Greg’s commitment extended well beyond our local community.

As a Board Member of the Victorian Agricultural Society (VAS) for nine years—nearly seven of those as Treasurer—he played a pivotal role in shaping the future of agricultural shows across the state. His contributions were recognised with a VAS Life Membership in 2024. He also chaired the Rural Ambassador Sub-Committee and was a long-serving steward at the Saddle Horse Championships.

Greg Macdonald was a visionary leader whose legacy will endure through the many lives he touched and the institutions he helped strengthen.

His passion for the agricultural show movement and his tireless service to the community will be remembered with great respect and admiration.

After a courageous battle, Greg is now at rest. We join the entire agricultural show community in mourning his loss and honouring his extraordinary contributions.

 

 

Cr Heenan

Cr Heenan added his condolences and noted the contribution to the community of Greg Macdonald.

 

7.

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS pdf icon PDF 28 KB

Minutes:

 

Moved: Cr Mazzarella
Seconded: Cr Marriott

That the Minutes of the Hearing of Submissions Meeting held on Tuesday 6 May 2025 and the Council Meeting held Tuesday 13 May 2025, as circulated, be confirmed.

The motion was Carried unanimously.

In Favour:      Cr Child, Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, 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

 

Michael McLellan of Toolangi asked;

What is the Council's preferred location for the three sheds owned by Healesville Living and Learning Centre and currently used for their Women's Shed programme? Please be as specific as possible.

 

Acting Director Planning and Sustainable Futures, Amanda Kern

Thank you for your question, Michael.

Your question relates to the planning matter for consideration in Item 10.1 of Council’s Meeting Agenda tonight, as such I cannot go into a lot of detail. 

I can confirm Council is committed to Healesville Living and Learning Centre and values the community outcomes they generate.

Whilst Council does not have a preferred location identified for the three sheds mentioned in your questions at this point in time, I can confirm Council remains focussed on working collaboratively with Healesville Living and Learning Centre to explore future options to ensure the centre can continue to deliver its valuable community programs, including programs from the Women’s Shed in particular and the broader Healesville Living and Learning Centre into the future, following the consideration of Item 10.1 this evening.

 

 

SUBMISSIONS TO COUNCIL

 

Ivor Wolstencroft presented a proposal regarding the housing crisis in the Yarra Ranges and the existing planning regulations.

 

The Mayor thanked the submitter for his involvement with the Warburton Disability Walk and requested that the Director of Communities follow up with the submitter and present a report to a future briefing.

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

YR-2023/386 - 1 Badger Creek Road, Healesville - Planning Report pdf icon PDF 2 MB

Additional documents:

Minutes:

SUMMARY

The planning application seeks approval to develop the site with a new Community Centre development, at Queens Park, 1 Badger Creek Road and 1-5/36 Don Road, Healesville. The proposal includes demolition of existing community centre buildings and removal of vegetation.

The application was advertised, and six (6) objections have been received. Objectors raised concerns in relation to the lack of consultation with the community, extent of native tree removal and habitat impacts, impacts on the Healesville Living and Learning Centre and Each Healthcare services, concerns and impacts on car parking, the absence of a footbridge across Wirrup Yaluk Creek and impacts from lighting.

An assessment of the application against the requirements of the Yarra Ranges Planning Scheme, including the relevant planning policies has found that the application meets the requirements in relation to Community Infrastructure, Bushfire Planning and Urban Design. The development meets the relevant policiesincluding the Municipal Planning Strategy, Planning Policy Framework, Zone, Overlay and provisions of the Scheme. Overall, the proposal positively responds to the opportunities and constraints of the site and contributes to Healesville’s urban character.

It is recommended that the application be approved, and a Notice of Decision to Grant a Permit be issued subject to conditions to manage the surrounding amenity impacts.

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

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

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

In accordance with Governance Rule 43, Cr McAllister was granted a 3-minute extension to speaking time by the Mayor.

Moved: Cr McAllister
Seconded: Cr Child

That Council resolve to approve Planning Application YR-2023/386 for the buildings and works associated with the existing use of the land as a community centre, remove and pruning of vegetation, demolition and alteration of access to a road in a Transport Zone 2 at Queens Park, 1 Badger Creek Road and 1-5/36 Don Road, Healesville, (being Crown Allotments 2, 3, 4 and 6 Section 7 Township of Healesville Parish of Gracedale), and issue a Notice of Decision to Grant a Permit subject to the conditions in Attachment 1 to the report.

The motion was Carried unanimously.

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

Against:         Nil

10.2

CT7440 Bushland Maintenance Contract pdf icon PDF 337 KB

Additional documents:

Minutes:

SUMMARY

Council operates a panel of contractors to undertake Bushland Maintenance and Fuel Reduction works (CT5476) which concludes on 30 June 2025. Contract CT7440 has been prepared to replace this contract, establishing a panel of Bushland Maintenance, Fuel Management, and service specific contractors.

An advertisement calling for tenders was placed in The Age on 9 November 2024. Tenders closed on 8 January 2025 with twenty-five (25) submissions received. The evaluation panel recommends accepting schedule of rates tenders for twelve (12) suppliers, detailed in the confidential Attachment 1. This contains commercially sensitive information that is not to be disclosed to the public.

Establishing this panel supports Council to meet its legislated land management responsibilities for roadsides and reserves. The estimated spend for 2025-2026 is $3,656,990 exclusive of GST based on available budget and projected grant funding. With the panel established using a schedule of rates (as opposed to a lump sum), spending can be adjusted to accommodate additional funding sought from external sources. This flexibility allows for enhanced conservation activities as outlined in the Nature Plan.

The schedule of rates is subject to annual Consumer Price Index (CPI) increases for the seven (7) years.

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

Moved: Cr Higgins
Seconded: Cr Ward

1.         That Council accepts the following tenderers onto a panel of providers for CT7440 Bushlands Maintenance and Fuel Management Contract for an initial period of five years:

(a)      Acacia Environmental Management Pty. Ltd.;

(b)      Aspect Construction Pty Ltd, trading as Indigwedo-Bushland Restoration;

(c)       Diverse Bush Management Pty Ltd;

(d)      Hattingh, Gabriel Terence (Fairy Wren Bush Regen);

(e)      Forest To Foreshore Pty. Ltd.;

(f)        Gilgai Environmental Services Pty Ltd;

(g)      HlmAust Pty. Ltd. (Habitat Land Management);

(h)      Indigenous Design Environmental Services Pty Ltd;

(i)        Rowland, David (Pro-Cull);

(j)        Platypus Environmental Services Pty Ltd;

(k)       Cmore Pty. Ltd. (Treetec); and

(l)        Yarra Ranges Fire Management Pty Ltd

2.         The Director of Planning and Sustainable Futures be delegated authority to sign the contract documents.

3.         The Director of Planning and Sustainable Futures be delegated authority to extend the contract terms by two periods of one year, to a maximum term of seven years.

4.         The confidential Attachment 1 to this report remains confidential indefinitely as it relates to matters specified under Section 3 (1)(g)(ii) of the Local Government Act 2020.

The motion was Carried unanimously.

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

Against:         Nil

10.3

CT7762 Provision of Plants - Procurement Panel pdf icon PDF 147 KB

Additional documents:

Minutes:

SUMMARY

Council operates a panel of suppliers to provide plants for Bushlands, Biodiversity, Urban Parks and the Trees team projects and works. This includes the Ribbons of Green and Gardens for Wildlife programs as well as plantings on Council managed land in bushland and roadside reserves, alongside streetscape and landscape planting.

The previous Provision of Plants (CT5987) contract concluded on 31 January 2025, and the extension provisions were not utilised as the panel was not meeting Council’s needs. CT7762 has been prepared to replace this contract to establish a new panel of nurseries and plant providers, with plant purchases following the appropriate procurement quotation pathway in the interim.

An advertisement calling for tenders was placed in The Age on 24 January 2025. Tenders closed on 19 February 2025 with fifteen (15) submissions received. The evaluation panel recommends accepting schedule of rates tenders for thirteen (13) suppliers, detail in the confidential Attachment One. This contains commercially sensitive information that is not to be disclosed to the public.

Establishing this panel supports Council to undertake its multiple revegetation activities. The estimated spend for 2025-2026 is $287,817 exclusive of GST based on available budget. With the panel established using a schedule of rates (as opposed to a lump sum), spending can be adjusted to accommodate additional funding sought from external sources. This flexibility allows for enhanced conservation activities as outlined in the Nature Plan.

The schedule of rates is subject to annual Consumer Price Index (CPI) increases for the contract period.

Cr Marriott left the meeting at 8.04 pm prior to consideration of the item, having declared a conflict of interest in this item.

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

Moved: Cr Higgins
Seconded: Cr Mazzarella

That

1.         Council accepts the following tenderers onto a panel of providers for CT7762 Provision of Plants for an initial period of three years:

(a)      Candlebark Community Nursery Inc

(b)      Cardinia Environment Coalition Inc.

(c)       Eucaflora Nursery PTY LTD

(d)      Habitat Creations Group PTY LTD

(e)      Knox Environment Society Inc.

(f)        MTW Services PTY LTD

(g)      Natives by Nature

(h)      Prestige Plants Australia PTY LTD

(i)        Regen Nurseries PTY LTD

(j)        Southern Dandenongs Community Nursery Inc.

(k)       Specialty Trees PTY LTD

(l)        TreeProject Inc

(m)     Yarra Valley ECOSS Inc.

2.         The Director Planning and Sustainable Futures be delegated authority to sign the contract documents.

3.         The Director of Planning and Sustainable Futures be delegated authority to extend the contract terms by two periods, one of two years and one of one year, to a maximum term of six years.

4.         The confidential Attachment 1 to this report remains confidential indefinitely as it relates to matters specified under Section 3(1)(g)(ii) of the Local Government Act 2020.

The motion was Carried unanimously.

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

Against:         Nil

Cr Marriott returned to the meeting following the vote at 8.08 pm.

 

10.4

EOI6246 Solar and Battery System Specialists Panel Refresh pdf icon PDF 154 KB

Additional documents:

Minutes:

SUMMARY

This report summarises the evaluation process and seeks Council approval for the refresh of a Panel of pre-qualified Solar and Battery System Specialists, to facilitate efficient delivery of solar and battery system projects.

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

Moved: Cr Ward
Seconded: Cr Higgins

That

1.         Council appoints the following additional seven suppliers to the existing EOI6246 Solar and Battery Systems Specialist Panel:

(a)      Casone Electrical Pty Ltd

(b)      Ecologiq Pty Ltd T/as Eqrenawable

(c)       Manter Service Group Pty Ltd as The Trustee for Manter Service Group Unit Trust

(d)      Programmed Facility Management Pty Ltd

(e)      RACV Solar Pty Ltd

(f)        Total Electrics and Air Conditioning Pty Ltd T/as Total Solar Solutions Australia

(g)      UB Energy Pty Ltd

2.         The Manager Resilient Environment continues to be delegated authority to extend the contract term in line with the existing Panel terms, with a potential maximum contract period of six (6) years expiring March 2027.

3.         The confidential attachments to this report remain confidential indefinitely as they relate to matters specified under section 3(1)(g)(i), (g)(ii) of the Local Government Act 2020.

The motion was Carried unanimously.

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

Against:         Nil

10.5

Old Warburton Road Bridge Tender Report pdf icon PDF 127 KB

Minutes:

SUMMARY

This report summarises the evaluation process undertaken and seeks Council approval for awarding the contract to construct the Old Warburton Road Bridge, a key component of the Warburton Mountain Bike Destination (WMBD) project. An advertisement calling for tenders was issued on Saturday, 1st February 2025 and closed on Wednesday, 12th March, with six (6) tenders received.

This item has been included in the public agenda to ensure openness and transparency in Council’s decision-making. Confidential attachments containing commercially sensitive information have been included with the report and are not to be disclosed during the public meeting.

This tender is part of the larger Warburton Mountain Bike Destination project, which commenced construction in July 2024. The tender price is within the committed project budget, which includes approximately $7.6 million in grant income.

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

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

Moved: Cr Child
Seconded: Cr Heenan

That

1.         Council awards the tender from Road & Bridge Pty Ltd a total lump sum price of $1,140,778.00 inclusive of provisional items and exclusive of GST ($1,254,855.80 inclusive of GST and Provisional Items) for contract CT7785.

2.         The Director Built Environment and Infrastructure be delegated authority to sign the contract documents.

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

The motion was Carried unanimously.

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

Against:         Nil

10.6

Special Charge Scheme Final Costing - Kirkham Road (from Courtneys Road to Retreat Road), Belgrave South - Sylvia Road, Hoddles Creek - Harberts Road, Don Valley and Chaundy Road, Belgrave South pdf icon PDF 151 KB

Minutes:

SUMMARY

This report presents to Council the Final Cost of Works for the following Special Charge Schemes:

·                Kirkham Road (from Courtneys Road to Retreat Road), Belgrave South

·                Sylvia Road, Hoddles Creek

·                Harberts Road, Don Valley

·                Chaundy Road, Belgrave South – Road Improvement Works.

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

Moved: Cr Mcilwain
Seconded: Cr Cox

That

1.         Council approves the Final Cost of Works with no variation in the landowner apportionment charges for the following Special Rate and Charge Schemes:

(a)      Kirkham Road (from Courtneys Road to Retreat Road), Belgrave.

(b)      Sylvia Road, Hoddles Creek.

(c)       Harberts Road, Don Valley.

(d)      Chaundy Road, Belgrave South.

2.         Landowners included in the Special Rate and Charge Scheme be advised of the result of the final costing of the scheme.

The motion was Carried unanimously.

In Favour:      Cr Child, Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, 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:

11.1    2025 Victorian Aboriginal Remembrance Service

Cr Child noted that he, along with Cr McAllister will be attending the 2025 Victorian Aboriginal Remembrance Service, the annual service commemorates the contributions of First Nations service men and women in the Australian Defence Force.

 

11.2    Yarra Ranges Reconciliation Week – Bridging Now to Next

Cr Child attended the Yarra Ranges Reconciliation Week – Bridging Now to Next event held at the Memo, Healesville on 27 May 2025. Cr Child commended the Indigenous Development Team for the work put into such a  powerful event. Cr Child congratulated Courtney Ugle, a VFLW star, proud Noongar woman from Bunbury WA, and leading voice in the fight against domestic violence, for her contribution to the event. Cr Child encouraged everyone to watch the replay of the event.

https://www.yarraranges.vic.gov.au/Experience/Events/Yarra-Ranges-Reconciliation-Week-%E2%80%93-Bridging-Now-to-Next

 

11.3    Cardinia Shire Council Reconciliation Week Event

Cr Child attended the Cardinia Shire Council Reconciliation Week event held at The Hills Hub, Emerald on 27 May 2025.

 

11.4    Winhanganha Film Screening

Cr Cox encouraged everyone to attend the Winhanganha Film Screening, to be held at the Arts Centre Warburton on 1 June 2025. The film is being presented by the Yarra Valley Reconciliation Group.

 

11.5    Aboriginal and Torres Strait Islander Water Tank Art

Cr Marriott attended the opening of the Aboriginal and Torres Strait Islander Water Tank Art project in Gladysdale on 23 May 2025, Cr Child also attended. The murals are intended to build pride in the Aboriginal and Torres Strait Islander culture of the region and to celebrate the significant contributions of First Nations people to the history, contemporary culture and identity of the Yarra Ranges.

 

11.6    Ngurrak-al Marram-u / Body of the Mountain

Cr Marriott attended the opening of the ngurrak-al marram-u / body of the mountain exhibition on 24 May 2025 at the Burrinja Gallery, Upwey.

 

11.7    Yarra Valley Pride Cup

Cr McAllister attended the 11th Yarra Valley Pride Cup on 24 May 2025 and commended the leadership of the Yarra Glen Football Netball Club and noted the positive outcomes for community.

13.

REPORTS FROM DELEGATES pdf icon PDF 27 KB

Minutes:

Cr Cox

-           Attended the Disability Advisory Committee held on 21 May 2025 at the Yarra Ranges Council Civic Centre.

-           Attended a meeting in Warburton to discuss walking tracks in the area with members of the Disability Advisory Committee on 26 May 2025. The meeting was also attended by Cr Child.

 

Cr Heenan

-           Attended the Stormwater Reference Panel held on 26 May 2025 at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr Mcilwain, Cr Marriott and Cr Mazzarella.

 

Cr Mcilwain

-           Attended the Stormwater Reference Panel held on 26 May 2025 at the Yarra Ranges Council Civic Centre.

-           Noted the Eastern Alliance of Greenhouse Action was attended by an Officer in his absence.

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 92 KB

Additional documents:

Minutes:

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

Moved: Cr Child
Seconded: Cr Mazzarella

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 Child, Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, 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: