Agenda and minutes

Council Meeting - Tuesday, 26th July, 2022 7.00 pm

Venue: Civic Centre, 15 Anderson Street, Lilydale

Contact: Governance 1300 368 333 

Items
No. Item

5.

MAYORAL ANNOUNCEMENTS pdf icon PDF 174 KB

Minutes:

Recent spike in Covid-19 case numbers

 

The Mayor announced that, to help slow the spread of Coronavirus (COVID-19) within our workforce and the community, Council Meetings will be held by
video-conference until further notice and to continue our commitment to transparency and public participation he noted that Council Meetings will be live streamed.

6.

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS pdf icon PDF 175 KB

Minutes:

Moved: Cr Cox
Seconded: Cr McAllister

That the Minutes of the Council Meeting held 12 July 2022, as circulated, be confirmed.

The motion was Carried unanimously.

 

7.

DISCLOSURE OF CONFLICTS OF INTEREST pdf icon PDF 5 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 5 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.

 

There were no Questions or Submissions from the Public listed on the agenda for this meeting.

 

 

9.

PETITIONS pdf icon PDF 101 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

Proposed Amendments to Seek Interim and Permanent Heritage Overlay Controls in Lilydale pdf icon PDF 470 KB

Additional documents:

Minutes:

SUMMARY

Through early work on preparing a new Lilydale Structure Plan, it was identified that there are a number of properties in Lilydale with potential heritage significance that are not protected by a Heritage Overlay (HO) in the Planning Scheme.

Council engaged qualified heritage consultants to identify gaps in heritage protection in Lilydale’s Main Street and surrounding areas and to assess which places meet the threshold for local heritage protection in the planning scheme. This work has recommended the protection of 13 new sites and updates to the existing heritage statements of significance or mapping for 7 places that are already protected by the HO.

It is proposed that the schedule to the HO in the Planning Scheme be amended to include the 13 new places through a planning scheme amendment that will be publicly exhibited.

Concurrently, it is proposed that the HO be applied to the new places on an interim basis, to ensure the heritage values of the places are protected while the planning scheme amendment for permanent heritage protection is exhibited.

In order to apply interim controls, Council must request the Minister for Planning to use his powers of intervention under section 20(4) of the Planning and Environment Act 1987 to prepare, adopt and approve an amendment to the Yarra Ranges Planning Scheme (Amendment C206).

In order to commence the amendment process for a permanent control, Council must seek authorisation from the Minister for Planning to prepare and exhibit an amendment (Amendment C207).

 

Moved: Cr Heenan
Seconded: Cr Higgins

That Council

1.         Request the Minister for Planning to prepare, adopt and approve Amendment C206 to the Yarra Ranges Planning Scheme under section 20(4) of the Planning and Environment Act 1987 to apply the Heritage Overlay to 13 places, on an interim basis until 31 December 2023, generally in accordance with the attachments to this report.

2.         Request the Minister for Planning to authorise the preparation and exhibition of Amendment C207 to apply the Heritage Overlay on a permanent basis to 13 places, make changes to seven (7) places already protected by a Heritage Overlay, and consequential changes, generally in accordance with the attachments to this report.

3.         Subject to the Minister’s authorisation, exhibit Amendment C207 to the Yarra Ranges Planning Scheme.

The motion was Carried unanimously.

 

10.2

Child Safety and Wellbeing Policy 2022 pdf icon PDF 247 KB

Additional documents:

Minutes:

SUMMARY

A review and changes by the Department of Families, Fairness and Housing (DFFH) in 2019 to the Victorian Child Wellbeing and Safety Act (2005), come into effect during the 6-months from 1 July 2022 to 1 January 2023. New changes to Council’s existing Child Safety and Wellbeing Policy are now required to ensure alignment with what is now, the eleven Victorian Child Safe Standards.

The legislation amendments introduce additional standards, compliance requirements and enforcement related to Child Safe Organisations, that will ensure national harmonisation with the National Child Safe Framework and a stronger legislative and compliance platform for safeguarding children across Victoria.

Numerous factors reinforce the ongoing, essential need for Council’s child safety efforts for children, young people, as well as families, carers, and the general community. Child abuse and neglect is not a historic issue. Organisations and the community continue to fail in their responsibility to protect children and young people. Evidence on the significant increase in child safe incidents during the covid pandemic, particularly the increased reports of on-line abuse, peer on peer abuse, family violence and mental health, as well as reduced access to service supports highlights this need. Awareness and practice related to child safety and embedding a culture of “Child Safety is Everyone’s Business” requires ongoing work to minimize risks within the organisation and community.

 

Moved: Cr Skelton
Seconded: Cr McAllister

That Council endorse the revised Yarra Ranges Council Child Safety and Wellbeing Policy 2022.

The motion was Carried unanimously.

 

10.3

Health & Wellbeing Advisory Committee - Terms of Reference and Recruitment pdf icon PDF 212 KB

Additional documents:

Minutes:

SUMMARY

Council’s Health and Wellbeing Plan sets out the strategic direction for improving health and wellbeing for all residents across the municipality. It reflects Council’s commitment to promoting health and wellbeing and creating inclusive, healthy and connected communities.

To ensure the community voice is at the forefront of the development, implementation, and evaluation of the current and future Health and Wellbeing Plans, it is proposed a revised Health & Wellbeing Advisory Committee is established with diverse community representation, ensuring community is engaged in all stages of health and wellbeing planning and implementation

A Terms of Reference for this Committee is attached to the report which outlines the governance arrangements for the new Health & Wellbeing Advisory Committee and recruitment process.

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

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

Cr Heenan left the meeting at 8.13pm and returned to the meeting at 8.15pm prior to a vote being taken.

 

Moved: Cr Higgins
Seconded: Cr Fullagar

That Council

1.         Approve the establishment of a new Health & Wellbeing Advisory Committee with diverse community representation.

2.         Approve the Health and Wellbeing Advisory Committee Terms of Reference and process for the recruitment of community members to the Health & Wellbeing Advisory Committee.

3.         Note the contribution of members previously appointed to the Health and & Wellbeing Advisory Committee who will now form a Professional Network.

4.         Acknowledge the appointment of Cr Sophie Todorov to the newly revised Health & Wellbeing Advisory Committee.

The motion was Carried unanimously.

 

10.4

Disability Advisory Committee Recruitment pdf icon PDF 217 KB

Additional documents:

Minutes:

SUMMARY

The Yarra Ranges Disability Advisory Committee (DAC) is Council’s advisory group representing people with disabilities, their carers and families.

There is an opportunity for new members to apply to be a part of the Disability Advisory Committee for the 2022-2026 term. The recruitment intention and process are presented to Council in accordance with the requirements of the Terms of Reference.

 

Moved: Cr Cox
Seconded: Cr Higgins

That Council

1.         Support the recruitment of the Yarra Ranges Disability Advisory Committee for 2022-2026.

2.         Acknowledge all current members of the Disability Advisory Committee, and in particular June Smith and Cliff Wise who have completed two consecutive four-year terms and thank them formally for their service to the community over the past eight years.

The motion was Carried unanimously.

 

10.5

Extension of Lease to Cleanaway - 840 Wellington Rd, Lysterfield pdf icon PDF 242 KB

Additional documents:

Minutes:

SUMMARY

On 29 March 2022, and again on 24 May 2022, Council gave notice of its intention to extend the lease of 840 Wellington Road, Lysterfield (Lysterfield Transfer Station), to Baxter Business Pty Ltd (trading as Cleanaway) by a period of two (2) years for continued use as a waste transfer station.

At the submission closing date on 22 June 2022, one community comment had been received seeking clarification regarding future land rehabilitation, though this did not constitute an objection to the proposal at hand.

The proposed lease extension, which would be in the form of an additional further term of two (2) years, would commence at the expiry of the current term on 1 June 2025 thus extending Cleanaway’s current 20-year lease until 31 May 2027, and aligning its expiry date to that of two other transfer station leases within the municipality. If granted, the additional term would be added by Deed of Variation to the current lease, which would also include a reduction in the lease area and various other provisions designed to facilitate a Biochar production facility on part of the site, proposed to be leased and operated by an alternative tenant.

 

Moved: Cr Skelton
Seconded: Cr Fullagar

That Council, having undertaken a community engagement process pursuant to Section 115(4) of the Local Government Act 2020, and having received no objections in relation to the matter, resolves to:

1.         Extend the current lease of 840 Wellington Road, Lysterfield (Lysterfield Transfer Station) to Baxter Business Pty Ltd by one (1) further term of two (2) years from 1 June 2025, extending the current 20-year lease until 31 May 2027, for continued use as a recycling and recovery centre, including sales, solid and putrescible waste transfer station, depot for waste bin hire and storage of waste bins.

2.         Authorise the Executive Officer, Property & Facilities Management to sign all documents associated with the lease extension. 

The motion was Carried unanimously.

 

10.6

Alfred Street & John Street, Wandin North - Tainton Street & Railway Parade, Wandin North - Cedar Court, Burns Way, Harvest Close, Loch Avenue & Mayview Drive, Monbulk Intention to Levy a Special Charge pdf icon PDF 423 KB

Additional documents:

Minutes:

SUMMARY

This Intent to Levy a Special Charge Report involves the below road improvement projects, with each project being treated as an individual special charge scheme:

·                Alfred Street and John Street, Wandin North;

·                Tainton Street and Railway Parade, Wandin North; and

·                Cedar Court, Burns Way, Loch Avenue, Harvest Close and Mayview Drive, Monbulk.

When referred to collectively, they are known in this report as “The Subject Roads”.

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. This funding program has been named the Roads for the Community Initiative.

At its meeting on 24 September 2019 Council endorsed a list of roads to be constructed using this funding to be facilitated by means of Special Charge Schemes. The Subject Roads were included on this list of roads.

This report recommends affected landowners be notified of Council’s Intent to Levy a Special Charge for the construction of The Subject Roads.

 

Moved: Cr Higgins
Seconded: Cr Skelton

That

1.    The affected landowners be advised of Council’s intent to declare a special charge (“the special charge”) at its meeting scheduled for 27 September 2022, or should this meeting not proceed then the next available Council meeting, for the purpose of defraying expenses associated with proposed improvement works in:

(a)   Alfred Street and John Street, Wandin North.

(b)   Tainton Street and Railway Parade, Wandin North.

(c)   Cedar Court, Burns Way, Loch Avenue, Harvest Close and Mayview Drive, Monbulk.

2.           Subject to any variation of a scheme under Section 166 of the Local Government Act 1989 (version 159), the amount to be levied under the scheme exclusive of interest payable under Section 172 of the Local Government Act 1989 (version 159) will be:

(a)   Alfred Street and John Street, Wandin North. In total $584,181 (“the amount to be paid”); comprising of $493,500 for the cost of works and $90,681 for financing cost.

(b)   Tainton Street and Railway Parade, Wandin North. In total $401,883 (“the amount to be paid”); comprising of $339,500 for the cost of works and $62,383 for financing cost.

(c)   Cedar Court, Burns Way, Loch Avenue, Harvest Close and Mayview Drive, Monbulk. In total $509,604 (“the amount to be paid”); comprising of $430,500 for the cost of works and $79,104 for financing cost.

(d)   On each date specified under Section 167 of the Local Government Act 1989 (version 159) as being the date on which the whole of rates and charges (other than special rates and charges) is due (“the due date”) the amount represented by the formula: X/Y where X represents the amount to be paid and Y represents the number of due dates during the period which the scheme will remain in force.

3.           In accordance with Section 163 (3) of the Local Government Act 1989 (version 159) Council specifies that the special charge:

(a)   Is proposed to be declared for the  ...  view the full minutes text for item 10.6

10.7

Old Coach Road (from Marshall Terrace to no.37 Old Coach Road), Montrose Declaration of Special Charge pdf icon PDF 326 KB

Additional documents:

Minutes:

SUMMARY

Following an extensive consultation process with landowners, Council at its meeting of 24 May 2022 considered a report on road improvement works for Old Coach Road (from no.12 to no.37), Montrose. Council resolved to advise of its intention to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989 (version 159).

This report advises that two submissions have been received regarding the Special Charge and recommends that Council declare the Special Charge without modification.

 

Moved: Cr Fullagar
Seconded: Cr Cox

That

1.        Council, having given notice of its intention, reviewed the details of the proposed special charge and given consideration of submissions hereto, declare the special charge for works associated with the Old Coach Road (from no.12 to no.37), Montrose Special Charge Scheme in accordance with the provisions of Section 163 of the Local Government Act 1989 (version 159), without modification.

2.        In accordance with the provisions of Section 223 of the Local Government Act 1989 (version 159), notice in writing be served on every person who has lodged a separate submission and in the case of a submission lodged on behalf of a number of persons, notice in writing to one of those persons, advising of Council’s decision and the reasons for the decision.

3.        In accordance with the provisions of Section 163 of the Local Government Act 1989 (version 159), notice be served upon all persons liable for the special charge advising of Council’s decision and that persons aggrieved by Council’s imposition of the special charge upon them, may apply to the Victorian Civil and Administrative Tribunal within 30 days of effective issue of the notice, for a review of the decision.

The motion was Carried unanimously.

 

10.8

Sylvia Road Hoddles Creek Declaration of Special Charge pdf icon PDF 323 KB

Additional documents:

Minutes:

SUMMARY

Following an extensive consultation process with landowners, Council at its meeting of 24 May 2022 considered a report on road improvement works for Sylvia Road, Hoddles Creek. Council resolved to advise of its intention to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989 (version 159).

This report advises that no submissions have been received regarding the Special Charge and recommends that Council declare the Special Charge without modification.

 

Moved: Cr Child
Seconded: Cr Heenan

That

1.         Council, having given notice of its intention, reviewed the details of the proposed special charge and having received no submissions received hereto, declare the special charge for works associated with the Sylvia Road, Hoddles Creek Special Charge Scheme in accordance with the provisions of Section 163 of the Local Government Act 1989 (version 159), without modification.

1.         In accordance with the provisions of Section 163 of the Local Government Act 1989 (version 159), notice be served upon all persons liable for the special charge advising of Council’s decision and that persons aggrieved by Council’s imposition of the special charge upon them, may apply to the Victorian Civil and Administrative Tribunal within 30 days of effective issue of the notice, for a review of the decision.

The motion was Carried unanimously.

 

10.9

Harberts Road Don Valley Declaration of Special Charge pdf icon PDF 318 KB

Additional documents:

Minutes:

SUMMARY

Following an extensive consultation process with landowners, Council at its meeting of 24 May 2022 considered a report on road improvement works for Harberts Road (from no.30 to no.100), Don Valley. Council resolved to advise of its intention to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989 (version 159).

This report advises that no submissions have been received regarding the Special Charge and recommends that Council declare the Special Charge without modification.

 

Moved: Cr Child
Seconded: Cr Heenan

That

1.         Council, having given notice of its intention, reviewed the details of the proposed special charge and having received no submissions received hereto, declare the special charge for works associated with the Harberts Road (from  no.30  to  no.100),  Don  Valley Special  Charge  Scheme  in accordance with the provisions of Section 163 of the Local Government Act 1989 (version 159), without modification.

2.         In   accordance   with   the   provisions   of   Section   163   of   the Local Government Act 1989 (version 159), notice be served upon all persons liable  for  the special  charge  advising  of  Council’s  decision and  that persons aggrieved by Council’s imposition of the special charge upon them, may apply to the Victorian Civil and Administrative Tribunal within 30 days of effective issue of the notice, for a review of the decision.

The motion was Carried unanimously.

 

10.10

Kirkham Road, Belgrave South Declaration of Special Charge pdf icon PDF 388 KB

Additional documents:

Minutes:

SUMMARY

Following an extensive consultation process with landowners, Council at its meeting of 24 May 2022 considered a report on road improvement works for Kirkham Road (between Retreat Road and Courtneys Road), Belgrave South. Council resolved to advise of its intention to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989 (version 159).

This report advises that no submissions have been received regarding the Special Charge and recommends that Council declare the Special Charge without modification.

 

Moved: Cr Skelton
Seconded: Cr Fullagar

That

1.         Council, having given notice of its intention, reviewed the details of the proposed special  charge  and having  received  no submissions  hereto, declare the special charge for works associated with the Kirkham Road (between  Retreat  Road  and  Courtneys  Road), Belgrave  South Special Charge Scheme in accordance with the provisions of Section 163 of the Local Government Act 1989 (version 159), without modification.

2.         In accordance   with   the   provisions   of   Section   163   of   the Local Government Act 1989 (version 159), notice be served upon all persons liable  for  the special  charge  advising  of  Council’s  decision and  that persons aggrieved by Council’s imposition of the special charge upon them, may apply to the Victorian Civil and Administrative Tribunal within 30 days of effective issue of the notice, for a review of the decision.

The motion was Carried unanimously.

 

11.

COUNCILLOR MOTIONS pdf icon PDF 5 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 5 KB

12.1

Indigenous Match Warburton-Millgrove Football Netball Club

Minutes:

The Mayor attended the First Nations Indigenous round of the Warburton-Millgrove Football Netball Club against Powelltown Football Netball Club held on Saturday 23 July 2022 at A.T Mac Sparke Oval in Warburton. He also noted it was unfortunate that Aunty Joy Wandin was unable to attend due to illness. The Mayor thanked Nelson Aldridge, from the Yarra Ranges Council’s Indigenous Development team, for the work he had done in organising the event.

 

12.2

RidgeWalk Sassafras Opening

Minutes:

Cr Fullagar attended the opening of the Old School track section of the RidgeWalk trail between Sassafras and Olinda. Cr Fullagar reported of the two new art installations, Tawny Frogmouth by artist Renate Crow and the Pathmarker Birds by artist Peter McIlwain and encouraged the community get along to see the installations.

 

12.3

Sustainable Environment Advisory Committee Event

Minutes:

Cr Fullagar also attended an educational event hosted by the Sustainable Environment Advisory Committee, with strong community engagement and
in-depth questions regarding the environment.

 

12.4

Dark Arts Exhibition

Minutes:

Cr Fullagar along with Cr Skelton attended the Dark Arts exhibition at the Selby Community House on 22 July 2022. The exhibition showcased Monbulk College students’ music, photography and fine artwork.  Cr Skelton encouraged the community to attend the exhibition in support of the students.

 

13.

REPORTS FROM DELEGATES pdf icon PDF 4 KB

Minutes:

Cr Skelton:

-           Reported that the Hills Community Recovery Committee will be hosting an information session to be held on 28 July 2022 at 6.00pm to discuss the final direction for the Hills Community Grant funding.

 

Cr Child:

-            Along with Cr Skelton and the Chief Executive Officer attended the Municipal Association of Victoria (MAV) Interface Briefing. Cr Child reported that the meeting was informative and a good opportunity to highlight current Yarra Ranges Council issues.

14.

DOCUMENTS FOR SIGNING AND SEALING pdf icon PDF 5 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.

15.

INFORMAL MEETING OF COUNCILLORS pdf icon PDF 194 KB

Additional documents:

Minutes:

Moved: Cr Higgins
Seconded: Cr McAllister

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 5 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:

There was no Urgent Business received for this meeting.

17.

CONFIDENTIAL ITEMS pdf icon PDF 5 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 4 KB

Additional documents:

Minutes:

There being no further business the meeting was declared closed at: 8.37pm.

Confirmed this day, Tuesday 9 August 2022, via videoconference

 

 

.................................................

Councillor Jim Child (Mayor)