Agenda and minutes

The Major read the following statement:

With the Olympics wrapped up, I'm sure many of us have started returning to a reasonable sleep schedule. We saw truly incredible performances from athletes representing Australia – a bundle of whom were from the Yarra Ranges. A specific mention goes to Lilydale’s Kelland O’Brien, who won gold with his teammates in the Men’s Team Pursuit – and set a new world record along the way.

Now, we get to watch the next installment of the Olympic Games – the Paralympics, which begins this week.

In the games, we’ll get to see more world-class performances from people at the height of their trainings – we'll see the moments that they’ve been working towards their whole lives as athletes, cheering them on from 16,000 kilometres away.

I’d like to particularly note para-equestrian rider, Bridget Murphy, who has travelled to Paris from Healesville to compete in the Paralympics.

According to the Paralympics website, Bridget has been a horse lover and rider her whole life, growing up through Pony Club, taking on leadership at her local club, as well as being an active competitor, representing her club at a state level. She also has a Bachelors Degree with Honours in Animal and Veterinary BioSciences, so she lives and breathes her craft.

In 2016, she was identified as a potential para-equestrian athlete and joined the Para-dressage community.

We’re so proud of you, Bridget, and all of our Paralympians. I encourage everyone in the community to tune in and cheer her and our other athletes on as the Paralympics begin.

Win, lose, or draw, we couldn’t be happier to have you represent our country.

Thank you.

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

In Favour:   Cr Heenan, Cr Higgins, Cr Skelton, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

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.

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 1

Ray Lister of Kallista asked;

In 2022 the Yarra Ranges Council announced that the Roads for Community funding for unsealed roads had been withdrawn by the Australian Federal Government.

Yarra Ranges Council residents and ratepayers are very aware of this outcome. We all know the funding has been revoked. So why does the Council when asked about unsealed roads or any matters pertaining to them feel compelled to again remind us that the Roads for the Community Funding was withdrawn?

Hjalmar Philipp, Director Built Environment & Infrastructure.

Thank you for your question, Ray.

I acknowledge that you are aware of the funding being withdrawn.

While residents, such as yourself, who have had direct communication with Council on specific roads would be aware of the funding withdrawal. Not all residents are aware of these changes and the change in federal government position that has impacted their neighbourhoods. In some instances, these community members road will not be sealed without federal grants and support.  We have had community feedback that context and background help in explaining the actions and decisions of Council.

In many of the Roads for Community Funding project designs, other infrastructure upgrades were incorporated, such as drainage and footpaths.

This widens the portion of the community affected by the funding withdrawal and requires explanation as priority work lists for this infrastructure has needed to be reassessed and reprogrammed.

QUESTION 2

Belinda Bernardini of Lilydale asked;

Can council advise what legislation or by-law prohibits crossing supervisors from interacting in a friendly and kind manner with pedestrians and giving "high-fives". Furthermore, can council advise why it panders to minorities who complain about such frivolous and farcical issues, wasting rate payers’ money and council time.

Leanne Hurst, Director Communities.

Thank you for your question, Belinda.

I understand this query relates to a situation involving a school crossing that gathered media attention earlier in the month. I would point you to our website where statements issued by School Crossings Australia and Council provide further information, but specific to the points you raise I will make several remarks.

Council school crossing supervisors are managed under policies set by School Crossings Australia. School Crossings Australia together with School Crossings Victoria does not support any physical contact with children.

On the occasion, Council was responding to a safety complaint that a school crossing supervisor was giving high-fives to children where they to extend their arms out of car windows whilst being driven past.

QUESTION 3

Ray Lister of Kallista asked;

At the Yarra Ranges Council Meeting on March 26, 2024 – Karen Kestigian advocate for the Kallista Flood Watch Group – Question No: 5 – asked if Kallista was part of the Storm Water Management Plan. Mr Hjalmar Phillip answered “Yes it will ….definitely include Kallista. In the documentation now available on the Storm Water Management  ...  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.

There were no Petitions received for this meeting.

SUMMARY

On 4 July 2024 the State Government opened its formal period for seeking submissions on the following eight “Big Ideas” for its new Plan for Victoria document that will shape the future of Victoria:

·                More homes in locations with great public transport access.

·                More housing options for all Victorians, including social and affordable homes.

·                More jobs and opportunities closer to where you live.

·                More options for how we move from place to place.

·                More certainty and guidance on how places will change over time.

·                More trees and urban greening in our parks and community space.

·                More protections from flooding, bushfire and climate hazards.

·                Greater protection of our agricultural land.

The State is seeking is seeking submissions on these ideas and the recently released housing targets until 30 August 2024. 

A submission responding to the eight ideas and housing targets is at
Attachment 1.

In accordance with Governance Rule 58, Michelle de Lima spoke in support of the recommendation included in the officer report.

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

In Favour:   Cr Heenan, Cr Higgins, Cr Skelton, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

SUMMARY

Following Council’s purchase of 150 Cambridge Road Kilsyth and initial community engagement, a concept plan was prepared and presented to community for feedback from May to June 2024.

In tandem with the community engagement process, a draft Master Plan has been prepared that provides the history, context and background information underpinning the concept plan.

The Master Plan responds to the initial engagement through provision of an urban woodland and grasslands, complemented by meandering paths connecting to Elizabeth Bridge Reserve, with shelter, picnic tables and seats, and a bike jump park. The feature Manna Gum tree offers a focal point for Indigenous cultural elements such as gathering, planting, education and views to the Dandenongs. The community also identified a need for a ‘quiet activity area’ to take a break from the more active pursuits.

This report informs Council of the findings of the community engagement for the draft Concept Plan and seeks Council adoption of the proposed final 150 Cambridge Road Kilsyth Master Plan that incorporates the Concept Plan.  

Cr McAllister left the meeting at 7.58pm and returned to the meeting at 8.01pm prior to a vote being taken.

In accordance with Governance Rule 29.1, Cr Cox, Cr Higgins, Cr Fullagar,
Cr Child, Cr Skelton, Cr Heenan spoke to the Motion.

In Favour:   Cr Heenan, Cr Higgins, Cr Skelton, Cr Todorov, Cr Child, 
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

SUMMARY

The report outlines proposed amendments to the conditions in the current planning delegations from the Council to officers in accordance with the Planning and Environment Act 1987. These amendments are informed by recommendations from Operation Sandon and align with the best practices of routinely updating delegations to support effective governance.

The current planning delegations have been in operation since 2016, and since then there have been notable changes in the political, economic, and planning landscape, including increased planning application volumes, population growth, housing challenges, and a more complex planning framework.  In addition, there has been a significant rise in construction costs which has resulted in the current planning delegations capturing low scale planning applications and are considered to be outdated.

The proposed changes to the planning delegations will ensure Council will still oversee major applications that influence long-term strategic planning and applications which generate community interest, while granting delegation to officers for applications with less economic significance, low community interest or where applications are consistent with approved plans.

The proposed changes relate to the Instrument of Delegation for the Planning and Environment Act 1987. There are no other changes to the Instrument of Delegation associated with this report. The proposed changes, shown by way of “track changes” in Attachment 1 to the report update planning delegations following recommendations from Operation Sandon and align with best practice.

Council is asked to approve the updated Instrument.

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

In accordance with Governance Rule 29.1, Cr Higgins, Cr Heenan,
Cr McAllister, Cr Skelton, Cr Child, Cr Cox, Cr Fullagar and Cr Todorov spoke to the Motion.

SUMMARY

Public infrastructure and open space play a significant role in the social and cultural heritage of the Yarra Ranges. The significance these hold for residents and visitors results in many requests for the placement of commemorative plaques and memorials every year.

While Council understands the desire to commemorate individuals in a tangible way in spaces that connect people to their memory, too many plaques and memorials in our open space risks diluting the very essence that draws us to these natural landscapes.

Therefore, as we consider new applications for memorials, we must carefully consider the balance between the desire to commemorate events or individuals and the intended purpose and on-going enjoyment of the unique natural environment of the Yarra Ranges and uncluttered public space.

As a result, the draft Plaques and Memorials Policy has been developed to help guide decision making where requests for plaques and memorials are received by Council.

Council officers are now seeking consideration by Council to approve and adopt the Plaques and Memorials Policy.

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

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

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

In Favour:   Cr Heenan, Cr Higgins, Cr Skelton, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

SUMMARY

The Stormwater Policy and Stormwater Management Plan 2024-2034 are designed to strategically manage flood risks while protecting and maintaining the natural water cycle and the health of waterways. These documents establish a framework and action plan to guide the Council in planning for future growth and implementing sustainable stormwater management practices within the municipality.

On 11 June 2024, Council resolved to release the draft documents for a six-week community engagement period, which took place from 12 June 2024 to 24 July 2024.

The engagement process generated extensive community feedback, which has been assessed and incorporated into the final versions of the Stormwater Policy (Attachment 1) and the Stormwater Management Plan 2024-2034 (Attachment 2). These documents are now presented for Council consideration to adopt as final.

In accordance with Governance Rule 58, Michelle de Lima spoke in Objection of the recommendation included in the officer report.

Cr Heenan left the meeting at 8.51pm and returned to the meeting at 8.58pm prior to a vote being taken.

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

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

In Favour:   Cr Heenan, Cr Higgins, Cr Skelton, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

SUMMARY

This report outlines the outcome of the 2024-2025 Recreation and Sport Capital Development Grant Program.

Twelve projects are recommended to be funded through this round of the grant program.

Funding agreements will be established with each recipient for the delivery of their initiative following formal approval by Council.

One project is not recommended for approval in this round. Where eligible, the Recreation & Sport team will continue to work with the community group on the development of their grant application for future rounds or to have the project delivered in another way.

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

In Favour:   Cr Heenan, Cr Higgins, Cr Skelton, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

SUMMARY

Council at its meeting on 14 June 2022 considered a report relating to the proposed construction of Campbell Road, Crosley Street and Pilmer Road, Healesville and resolved to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989.

The construction of Crosley Street will help address road maintenance, dust and stormwater runoff issues which otherwise Council will be asked to consider at its cost, if the project does not proceed.

In March 2021, 81% of landowners responded in support of the scheme.

However, after the Declaration of the Special Charge and the VCAT appeals period had lapsed, a joint letter signed by various landowners in Crosley Street was received, raising objection to the inclusion of Crosley Street in the Special Charge Scheme.

In response (and outside of the legislated process), an additional survey of residents’ support was undertaken to determine the extent of shift in support. 

Landowners in Crosley Street only, were surveyed in October/November 2022 to gauge support for the Special Charge Scheme. The result was a slight majority of landowners did not support construction of the road (6 of 11).

It is recommended the scheme continues as declared in June 2022 and that Crosley Street remains as part of the Special Charge Scheme, on the basis that:

·                The significant majority of landowners across the group of roads were in support of the Special Charge Scheme,

·                The additional survey being conducted outside the SCS process, post declaration under section 163 of the Local Government Act 1989 and post VCAT appeals period, and

·                Rescinding a Scheme declared by Council under section 163 of the Local Government Act 1989 would undermine the robustness/legitimacy of future SCS decisions by Council,

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

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

In Favour:      Cr Heenan, Cr Higgins, Cr Skelton, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:          Nil

SUMMARY

There are three Federal Government grants recently made available for Local Government:

1.         Housing Support Program,

2.         Urban Precincts program, and

3.         Thriving Suburbs Program.

A submission has already been made to the Federal Housing Support program to upgrade roads in areas aligned with the Yarra Ranges Housing Strategy 2024.

Further work is required to determine a suitable application/s under the Urban Precincts Program and will be presented to Council once ready.

Two submissions are proposed under the Thriving Suburbs Program:

1.         Don Road, Healesville Community Pavilion and Reserve Upgrade.

2.         Lillydale Lake Masterplan Delivery. 

Both submissions are aligned with the grant criteria and Council’s contribution can be met through a combination of Asset Renewal Fund, Asset Investment Fund and Public Open Space Funds over the delivery timeframe of the projects.

In accordance with Governance Rule 29.1, Cr Fullagar, Cr McAllister,
Cr Skelton and Cr Todorov spoke to the Motion.

In Favour:   Cr Heenan, Cr Higgins, Cr Skelton, Cr Todorov, Cr Child, 
Cr McAllister, Cr Fullagar and Cr Cox.

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.

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

12.1    Victorian Government's Short Stay Levy Bill

Cr Skelton raised community concern regarding the Victorian government's short stay levy bill and requested a response from Officers be brought to a future briefing regarding the bill.

12.2    Yarra Ranges Council Innovate Reconciliation Action Plan

Cr Todorov attended the Yarra Ranges Council Innovate Reconciliation Action Plan. Cr Todorov noted the beautiful welcome to country from Uncle Dave Wandin and the words of Auntie Janet, regarding the connection to our country and indigenous history.

Cr Child

-           Attended the MAV State Council held on 23 August 2024 at Rydges Melbourne. The MAV State Council was also attended by Cr Todorov.

Cr Todorov

-           Attended the Eastern Regional Group Forum held on 16 August 2024 at the Karralyka Centre, Ringwood.

Cr Skelton

-           Attended the Indigenous Advisory Committee held on 20 August 2024 at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr McAllister.

-           Attended the Eastern Alliance for Greenhouse Action held on 22 August 2024 via videoconference.

Cr Fullagar

-           Attended the Burrinja Cultural Centre Board Meeting held on 19 August 2024 at the Burrinja Cultural Centre.

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 Heenan, Cr Higgins, Cr Skelton, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

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.

There were no Urgent Business listed on the agenda for this meeting.

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.