Agenda and draft 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.

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.

Porepunkah Police Shooting

The Mayor acknowledged the fatal shooting of two Victoria Police Officers in the Victorian town of Porepunkah, and wished the Victoria Police Officer who was injured a speedy recovery. The Mayor acknowledged all Emergency Service Officers serving in demanding and extreme conditions.

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

Against:       Nil

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.

QUESTION TO COUNCIL

QUESTION 1

Ivor Wolstencroft of Warburton asked;

Does the Shire of Yarra Ranges have to abide by State Government legislation enshrined in the Charter of Human Rights and Responsibilities 2006 (Act 43/2006)? If so, what are the implications for the day to day running of council?

Director Corporate Services, Vincenzo Lombardi

Thank you for your question, Ivor.

Yes, Yarra Ranges Council, as a local government authority in Victoria, is required to abide by the Victorian Charter of Human Rights and Responsibilities Act 2006. This legislation applies to all public authorities in Victoria, including all local councils.

The operational implications arising for Council from the Charter are broad and include considerations such as, Council decision making, service delivery, complaints management, staff conduct, training and development.

For further information, the Victorian Equal Opportunity and Human Rights Commission has detailed and easily accessible information on their website.

Thank you.

QUESTION 2

Ivor Wolstencroft of Warburton asked;

Ringwood Lake Homewood Bound Walk Tuesday 5th August 2025 (as organised by the Eastern Homelessness Network).

I understand The Shire of Yarra Ranges attended this event.

Would the council be able to update us on any new information or new approaches that would help the homeless or those living on the margin in our Shire in 2025.

That is, new knowledge obtained either by listening to official speeches or informal conversations?

Director Communities, Leanne Hurst

Thank you for your question, Ivor.

In 2025, Victorian State Government is continuing to implement new and existing initiatives to address homelessness and hardship. These include a focus on building more social and affordable housing, providing emergency accommodation and support services, and increasing funding for programs that are aimed at preventing homelessness and assisting those experiencing hardship.

At a local level, Council works with partners and all levels of government to improve homelessness services and to increase social and affordable housing. We do this through proving grants, advocating for funding and building partnerships.

Council officers were in attendance at the Eastern Homelessness Network event and Council also partnered with Eastern Affordable Housing Alliance and the Regional Charter Group for Homelessness and Housing to host an online webinar during Homelessness Week. This webinar explored innovative supports for people experiencing homeless.

Council’s role in homelessness is to provide information about where to get help and make referrals into these agencies. While often the convener of networks and bringing partners together, Council does not provide specific service response or case management to people experiencing homelessness.

If you would like to learn more about any of these initiatives, we will happily connect you with the Health and Wellbeing team to discuss.

QUESTION 3

Rob Jackson of Mooroolbark asked;

I urge Council to reconsider its decision to reject the permit for the continuation of community motorbike events at the Sanders Apple Farm in Three Bridges. For more  ...  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 general petition be received:

General Petition

1.         Adoption of Temporary Tiny Homes on Wheels Resolution

Request that Council adopt Professor Dix’s resolution to permit temporary use of Tiny Homes on Wheels and use this as an interim measure while working on longer-term housing.

17 valid signatures.

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

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

Against:       Nil

SUMMARY

This report aims to present the findings of the Tender Evaluation Panel for tender CT7826, concerning the Street & Park Litterbin Collection & Maintenance Services, which closed on 09 May 2025. Additionally, it seeks approval to award Contract CT7826 Street & Park Litterbin Collection & Maintenance Services to the preferred tenderer, as recommended in the Confidential Attachment to this Recommendation Report.

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

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

Against:       Nil

SUMMARY

While running the process to tender and appoint a provider for pound services, officers identified that pound release fees were not included in the fees and charges adopted by Council. It is appropriate that Council adopt the fees and charges for transparency.

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

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

Against:       Nil

SUMMARY

This report summarises the tender evaluation process taken for the provision of the Animal Pound Services contract and seeks Council noting. 

An advertisement calling for tenders was placed in the Age newspaper on Saturday 15 February 2025.

Tenders closed Wednesday 3 March 2025, and one (1) submission was received.

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

The Contract will be for an initial period of three (3) years, Council having the solo option to extend the Contract for an additional two (2) periods of one (1) year each.

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

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

Against:       Nil

SUMMARY

Council has a request to remove three (3) trees at the rear of 88-90 Birmingham Road, Mt Evelyn on the Aqueduct Trail. The resident’s main concern is that the three trees are dangerous and will fall onto their property. The trees are assessed by arborists as low risk. Council has one recorded Public Liability claim for this property.

The trees are exotic, not indigenous to the area. The details of the trees are in the attached Arborist Assessment Report. The reserve is in a Green Wedge Zone (GWZ1) and is also subject to Bushfire Management Overlay (BMO). As the trees are listed environmental weeds, a Planning Permit is not required if the trees are approved by Council for removal.

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

Cr McAllister, through the Mayor, requested that the correct attachment, with trees 1, 2 and 3, be added to the published agenda.

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

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

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

Against:       Cr Mcilwain

SUMMARY

Council has legislative obligations to review its Road Management Plan (RMP) every four years.The RMP outlines Council’s role and responsibilities in relation to maintaining Council roads. This 2025 update is based on a thorough review of the current 2021 Plan, legal advice, internal audits, and benchmarking with other councils. It also follows guidance from the Ministerial Code of Practice and the MAV Insurance Road Management Plan documents.

Given Yarra Ranges’ large rural and semi-rural road network, the updated RMP adopts a hybrid approach, combining the existing framework with a rural-focused model. This ensures a practical, cost-effective strategy for managing low-traffic roads in natural and hilly areas.

Key improvements include:

•           Updated inspection frequencies and intervention levels to reflect the Yarra Ranges’ road network characteristics

•           Enhanced documentation and auditing of inspection processes.

•           Clarified responsibilities for vehicle crossovers and shared paths.

•           Integration of insurance claim data to inform risk mitigation strategies.

The proposed service levels are designed to be achievable within current budgets processes, with the improvements expected to enhance safety.

A period of community feedback is now proposed as part of the public consultation process, for a 28 day period commencing 27 August 2025, in line with legislative requirements, under Section 54(6) of the Road Management Act 2004.

The Mayor noted a typing error in the Officers Recommendation and requested it be corrected.

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

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

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.

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.

A Councillor Motion will be raised as an Urgent Motion, Item 16.1.

There were no Items Through the Chair received for this meeting.

Cr McAllister

-           Attended the Indigenous Advisory Committee held on 19 August 2025 at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr Marriott.

Cr McAllister

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

Cr Marriott

-           Attended the Municipal Emergency Management Planning Committee held on 20 August 2025 at the Yarra Ranges Council Civic Centre.

Cr Marriott

-           Attended the Municipal Fire Management Planning Committee held on 13 August 2025 at the Yarra Ranges Council Civic Centre.

Cr Mcilwain

-           Attended the Victorian Greenhouse Alliance Conference held on 22 August 2025 at the Melbourne Convention and Exhibition Centre (MCEC).

Cr Heenan left the meeting at 8.05pm and returned to the meeting at 8.07pm prior.

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

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.

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

Against:       Nil

SUMMARY

Council is aware of a rise in wildlife road strikes along Wellington Road in Lyster Ward over the past year, highlighted by a Petition to Council that will continue to be investigated by Officers. This arterial road runs through the middle of wildlife habitat of high conservation value that is situated either side of the road from Rowville to Emerald. Wellington Road is a feeder road to suburbs that include designated growth areas between Berwick and Pakenham. There is already a high level of traffic on this road with population projections indicting that road use will continue to increase over the next decade.  Therefore, possible actions to minimise wildlife road strike along Wellington Road, should include both immediate and long-term approaches. 

At the Council Meeting 12 August 2025, the following motion was carried unanimously:

That Council

1)        Receives and notes the “Wildlife Fatalities along Wellington Road” petition in accordance with the Governance Rule and refers this petition to the appropriate officers for investigation and response.

2)        Prepare a report to come to a future Council Forum before the end of October 2025.

The current motion responds to the urgency of this matter by extending councils' response to the petition by enabling advocacy to the Victorian Parliament with reference to the Department of Transport which has authority over Wellington Road.  The matter is urgent for two reasons: 1) there is immediate and substantial risk to wildlife and driver safety and, 2) the Victorian Parliament is currently holding an Inquiry into wildlife road strike in Victoria which is reporting in November this year. Given that the Inquiry has already made reference to the matter of Wellington Road this motion is timely.

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

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

Against:       Nil

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.