Agenda and minutes

There were no Mayoral Announcements for this meeting.

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.

Tammi Rose, Chief Executive Officer, declared a direct interest in respect of Item 17.1 as it relates to her remuneration.

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 FROM THE PUBLIC

Sue Thompson, Resident of Kilsyth, asked:

In this the 150th year of local government in the district would council consider recognizing in some way the contributions of former council employees who were vital in the development of all four councils? I’m sure if asked, the community could nominate many worthy employees and could suggest how these people could be recognized in today’s high tech world.

Andrew Hilson, Director Corporate Services responded:

Thank you Ms Thompson for your question.

We commend and thank you for your effort to recognise and shine a spotlight on the great work done by current employees of Council, as well as former Council employees that have gone before us for 150 years.  Their service of the community we now call Yarra Ranges is and has been invaluable.

Council is grateful for the wonderful contributions made by former employees, however we do not have plans to call for public nominations for recognition, as your question suggests.

We will consider your suggestion of a more formal approach to recognition of former employees as part of the 150^th anniversary.

There were no Submissions received for this meeting.

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.

There were no Petitions received for this meeting.

SUMMARY

The application seeks to expand wine storage and ageing capacity at Domaine Chandon Winery by constructing three warehouses. A planning permit is required for the building and works to construct under Clause 35.04 Green Wedge Zone and for building and works over seven metres under Clause 51.03.

A total of 53 trees are proposed to be removed to enable the construction of the warehouses.  The trees were planted by the winery and the removal is exempt from provision of native vegetation offsets under Clause 52.17, however a permit is still required for the removal of vegetation under the Significant Landscape Overlay (SLO17) and Clause 51.03. The application proposes replacement planting of 106 trees onto the site.

The application does not seek to increase patron numbers, no changes to the hours of operation, or make any alteration to the existing sale and consumption of liquor at the site. No additional staff are proposed.

The application has been advertised and no objections have been received.

The proposal meets the requirements of the Green Wedge Zone, Significant Landscape Overlay and Clause 51.03 and is considered to be an appropriate planning outcome. It is recommended that a planning permit be issued, subject to a condition for replacement planting.

SUMMARY

The application proposes the use and development of the land as a childcare centre at 25 and 27 Songbird Avenue in Chirnside Park. An assessment by council of the application is triggered under Neighbourhood Residential Zone Schedule 1 (NRZ1) for the use and development of the site. The proposal includes the development of a single-story building which is to be located across both lots. The plans also include a sealed carpark with 17 spaces along the western side of the development.

The childcare centre is proposed to accommodate up to 80 children and 15 staff on site at any one time. The operating hours proposed are between 6:30am and 6:30pm on Monday to Friday. The centre is proposed to be closed on weekends.

The application was advertised, and total of thirty-three submissions have been received, comprising thirty-two submissions in objection and one letter in support. The main grounds of objection are related to traffic, noise pollution, danger to pedestrians, vegetation impacts, car parking, oversaturation of the land use, decreased property value, and timing of the advertised traffic report.

An assessment of the proposal has determined that the proposal fails to meet the requirements of the Yarra Ranges Planning Scheme, and that the application cannot be supported on various grounds which are outlined in this report and attachment 1, concluding that a refusal should be issued.

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

The Mayor noted that Officers have advised Council that, since the report was prepared and the agenda published last week, the applicant has now lodged an appeal to VCAT against Council’s Failure to make a decision within the required 60 statutory days.  As such, Council can no longer issue a decision on the application as recommended on page 97 that this proposal be refused.

The Mayor moved a motion alternate to that printed in the agenda.

SUMMARY

As a result of the Covid-19 Pandemic, Council was obligated to adjust a number of core business services. Council meetings, in particular, were quickly converted to virtual platforms and the Victorian Government introduced the COVID-19 Omnibus (Emergency Measures) Bill 2020 to allow for Councillors to attend meetings by electronic means. This temporary legislation was necessary in the absence of an explicit directive to administer virtual meetings in Council’s Governance Rules.

It became apparent that hybrid meeting functionality was beneficial to the overall conduct of Council and hence a more permanent and legislated arrangement was introduced by the Victorian Government through the Regulatory Legislation Amendment (Reform) Act 2022 (the Amendment Act). The Amendment Act received Royal Assent on 29 March 2022 and included reforms relating to virtual meetings. These reforms will become active on 2 September 2022.  Council has prepared a revised version of its Governance Rules to reflect these permanent changes, and displayed the revised Rules for public comment.

A number of other changes to the Governance Rules have been reviewed as part of the process and are outlined in this report.

It is recommended that Council adopt the revised Governance Rules included at Attachment 1 to this report to ensure the ongoing good governance and transparent conduct of Council and Delegated Committee Meetings.

SUMMARY

On 5 April 2022, Council gave notice of its intention to sell four properties, including a 2600sq.m. section of land at 182-184 Cambridge Road, Kilsyth. All four properties are residentially zoned, designated as reserves on title, and all are located within Walling Ward.

Proceeds from the sale of the land would be used to facilitate the purchase of 3.6 hectares of open space (former Yarra Hills Secondary College) at 150 Cambridge Road, Kilsyth, and make necessary improvements to the land, in line with Council’s resolution of 8 March 2022. Any remaining funds would be directed to Public Open Space Fund for future open space improvement works or other recreation or cultural projects allowable under the provisions of the Subdivision Act.

By the submission closing date on 9 May, 2022, thirty-eight (38) submissions had been received, three (3) of which relating to Part 182-184 Cambridge Road specifically, and thirteen (13) relating to Council’s proposal to sell land more generally. No submitters elected to speak in support of their submissions to a Delegated Committee of Council at a Submission Hearing meeting held on 15 June 2022 in respect of this property.

Having considered submissions, the Delegated Committee’s recommendation is that all submissions be noted, that the proposal to sell the land (including 182-184 Cambridge Road) be reported to a Council meeting with a recommendation to sell, and that future procedures relating to the sale of the land be undertaken individually.

If Council resolves to sell the land, an application would be made under section 24A of the Subdivision Act 1988 to have the reservation removed from the land, prior to the land parcel being sold.

SUMMARY

On 5 April 2022, Council gave notice of its intention to sell four properties, including a 2600sq.m. section of land at 9A Tinarra Court, Kilsyth. All four properties are residentially zoned, designated as reserves on title, and all are located within Walling Ward.

Proceeds from the sale of the land would be used to facilitate the purchase of 3.6 hectares of open space (former Yarra Hills Secondary College) at 150 Cambridge Road, Kilsyth, and make necessary improvements to the land, in line with Council’s resolution of 8 March 2022. Any remaining funds would be directed to Public Open Space Fund for future open space improvement works or other recreation or cultural projects allowable under the provisions of the Subdivision Act.

By the submission closing date on 9 May, 2022, thirty-eight (38) submissions had been received, two (2) of which relating to Part 9A Tinarra Court specifically, and thirteen (13) relating to Council’s proposal to sell land more generally. One (1) of those submitters elected to speak in support of their submissions to a Delegated Committee of Council at a Submission Hearing meeting held on 15 June 2022.

Having heard submissions, the Delegated Committee’s recommendation is that all submissions be noted, that the proposal to sell the land (including 9A Tinarra Court) be reported to a Council meeting with a recommendation to sell, and that future procedures relating to the sale of the land be undertaken individually.

If Council resolves to sell the land, an application would be made under section 24A of the Subdivision Act 1988 to have the reservation removed from the land, prior to the land parcel being sold.

In accordance with Governance Rule 58, Patricia Curtis spoke in objection of the recommendation included in the officer report

SUMMARY

On 5 April 2022, Council gave notice of its intention to sell four properties, including land at 9A Wannan Court, Kilsyth. All four properties are residentially zoned, designated as reserves on title, and all are located within Walling Ward.

Proceeds from the sale of the land would be used to facilitate the purchase of 3.6 hectares of open space (former Yarra Hills Secondary College) at 150 Cambridge Road, Kilsyth, and make necessary improvements to the land, in line with Council’s resolution of 8 March 2022. Any remaining funds would be directed to Public Open Space Fund for future open space improvement works or other recreation or cultural projects allowable under the provisions of the Subdivision Act.

By the submission closing date on 9 May, 2022, thirty-eight (38) submissions had been received, ten (10) of which relating to 9A Wannan Court specifically, and thirteen (13) relating to Council’s proposal to sell land more generally. One (1) of those submitters elected to speak in support of their submissions to a Delegated Committee of Council at a Submission Hearing meeting held on 15 June 2022.

Having heard submissions, the Delegated Committee’s recommendation is that all submissions be noted, that the proposal to sell the land (including 9A Wannan Court) be reported to a Council meeting with a recommendation to sell, and that future procedures relating to the sale of the land be undertaken individually.

If Council resolves to sell the land, an application would be made under section 24A of the Subdivision Act 1988 to have the reservation removed from the land, prior to the land parcel being sold.

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

Moved: Cr Cox
Seconded: Cr McAllister

That Council defer the decision of sale of land at 9A Wannan Court, Kilsyth pending investigation, from Council officers, into the origins of Council’s ownership, to be considered at the 27 September 2022 Council meeting.

The motion was lost.

SUMMARY

The confidential attachment to this report remains confidential indefinitely as it relates to matters specified under section 3(1)(a) and (f) of the Local Government Act 2020

On 5 April 2022, Council gave notice of its intention to sell four properties, including land at 16 Ellis Court Mooroolbark. All four properties are residentially zoned, designated as reserves on title, and all are located within Walling Ward.

Proceeds from the sale of the land would be used to facilitate the purchase of 3.6 hectares of open space (former Yarra Hills Secondary Collage) at 150 Cambridge Rd, Kilsyth, and make necessary improvements to the land, in line with Council’s resolution of 8 March 2022. Any remaining funds would be directed to the Public Open Space Fund for future open space improvement works or other recreation or cultural projects allowable under the provisions of the Subdivision Act.

By the submission closing date on 9 May, 2022, thirty-eight (38) submissions had been received, ten (10) of which relating to Ellis Court specifically, and thirteen (13) relating to Council’s proposal to sell land more generally. Three (3) of those submitters elected to speak in support of their submissions to a Delegated Committee of Council at a Submission Hearing meeting held on 15 June 2022.

Having heard submissions, the Delegated Committee’s recommendation is that all submissions be noted, that the proposal to sell the land (including 16 Ellis Court) be reported to a Council meeting with a recommendation to sell, and that future procedures relating to the sale of the land be undertaken individually.

If Council resolves to sell the land, an application would be made under section 24A of the Subdivision Act 1988 to have the reservation removed from the land, prior to the land parcel being sold.

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

SUMMARY

In 2021 a Council Plan Major Initiative was endorsed for the development of a Biodiversity Plan. A Biodiversity Plan is critical for the organisation to deliver on the community vision for Yarra Ranges and the Council Plan objective of a Protected and Enhanced Natural Environment. The Biodiversity Plan is subordinate to the Environment Strategy 2015 – 2025 and delivers on all the goals of this Strategy.

The Biodiversity Plan title is proposed as the Yarra Ranges Nature Plan: Protecting Our Biodiversity Assets 2022-2032 (Yarra Ranges Nature Plan).

The Yarra Ranges Nature Plan will provide clear direction for prioritisation and investment in our natural environment and importantly is an essential advocacy tool. Our community rely on a healthy environment, from tourism and agricultural businesses to health and wellbeing outcomes for our residents.

The draft Yarra Ranges Nature Plan contains a vision, guiding principles, targets framed around four key themes linked to outcomes and an action plan. The key themes relate to where Council has the greatest impact and influence on biodiversity conservation through its roles as land manager, Responsible Authority for the Planning Scheme, support for works on private land, and a conduit for state and federal funding into the region.

The draft Yarra Ranges Nature Plan contains 18 foundation actions pivotal for success in enabling the delivery of further operational based actions. The draft Plan has been costed at $15.8 million, for delivery over 10 years. The opportunity for external leveraged funding is estimated at $8 million. Delivery of the actions will be staggered over 10 years and investment in the actions will be determined through Council’s annual budget processes.

SUMMARY

A draft Tree Canopy Strategy has been prepared for consideration by Council. The strategy sets out the vision, objectives and targets for the long-term protection, management, and planting of trees in Yarra Ranges. Following the 2021 storms where an unprecedented number of trees were lost, there is an urgency to address the canopy loss.

The strategy is the first of its kind for Council and it will provide the foundation for the development and implementation of best practice tree management to maximise the benefits of our tree canopy and to minimise risk.

This report presents the draft Tree Canopy Strategy and seeks to have this released to the community for consultation and feedback prior to it being considered by Council for formal adoption.

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

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:

·           Austral Avenue, Upwey;

·           Nevada Avenue, Tecoma; and

·           Belbrook Road, Carween Avenue, The Highway, Weldon Grove & Mast Gully Road (service road), Upwey

When referred collectively they are known 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.

SUMMARY

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. Park Street, Nicholas Road, Mary Road, Elsie Street, Imperial Avenue & Royal Avenue, Wandin North 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 Park Street, Nicholas Road, Mary Road, Elsie Street, Imperial Avenue & Royal Avenue, Wandin North.

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.

There were no Councillor motions listed on the agenda for this meeting.

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

Cr Skelton:

- Attended the Yarra Ranges Municipal Emergency Planning Committee (MEPC) meeting on 17 August 2022 via Video Conferencing. Cr Skelton reported discussion centred around the drafting of the 2022/23 Action Plan.

Cr McAllister:

- Attended the Yarra Ranges Council Indigenous Advisory Committee (IAC)  meeting on 16 August 2022 via Video Conferencing.

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.

SUMMARY

It was requested that the following documents be signed and sealed:

Letter Under Seal - Mark Varmalis

A letter under seal has been prepared in recognition of Mark Varmalis, Director Environment & Infrastructure, who has resigned after 38 years of service with Yarra Ranges Council (and formerly the Shire of Sherbrooke).

Cr Heenan left the meeting at 9.20pm and returned to the meeting at 9.22pm prior to a vote being taken.

SUMMARY

Chapter 8, Rule 1, of the Governance Rules requires that records of informal meetings of Councillors must be kept and that the Chief Executive Officer must ensure that a summary of the matters discussed at the meeting tabled at the next convenient Council meeting and recorded in the Minutes of that Council meeting.

An ‘informal meeting of Councillors’ is defined in the Governance Rules as a meeting of Councillors that:

·           is scheduled or planned for the purpose of discussing the business of Council or briefing Councillors;

·           is attended by at least one member of Council staff; and

·           is not a Council meeting, Delegated Committee meeting or Community Asset Committee meeting.

The records for informal meetings of Councillors are attached to the report.

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 was no Urgent Business received for this meeting

In accordance with section 66(2)(a) of the Local Government Act 2020.

SUMMARY

At the 24 May 2022 Council meeting, Councillors:

1.         Noted the strong performance of the Chief Executive Officer (CEO) for the 2021-22 annual review period; and

2.         Requested further work be undertaken to review and benchmark the remuneration level of the CEO, and report back to Councillors.

This culminated in the 5 July 2022 Forum conversation. As discussed, this paper provides Councillors the resolution to increase the CEO’s total remuneration package (TRP).

This paper also provides for the separate consideration to re-appoint the CEO at the end of her current employment contract.