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.

Cr Marriott declared a general interest in respect of Item 10.1. A written notice was supplied to the Chief Executive Officer under Governance Rules Chapter 7 Sub-Rule 3.1b.

­­­­­­­­The Mayor acknowledged former Councillor and Mayor of Yarra Ranges Council, Tony Stevenson in the Gallery for the Council Meeting.

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

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.

QUESTIONS TO COUNCIL

QUESTION 1

In accordance with Governance Rule 59.10, Stan Giles read their Question to Council

Stan Giles of Monbulk asked;

When, exactly, will the security guards at council Meetings be removed, and the barrier in the chamber taken down. If this will not happen what is the Business Case to justify the continued drain on Ratepayers, and the ROI that we can see in transparent Council paperwork and where will we find it?

Ben Waterhouse, Acting Director Corporate Services

Thank you, Stan, and thank you for coming in attendance this evening as well.

Council takes the health and safety of staff councillors, and community members with the utmost seriousness. So the return on investment or the benefits are reflected in the safe and respectful environment of council meetings which we all enjoy this evening, which is a fundamental responsibility of council, the engagement of external security in the installation of the security barrier, as you pointed out for public meetings, is a standard operating procedure to help ensure Council meets its obligations to conduct an orderly and safe meeting.

I can confirm that there are no plans to remove the Security Guards or the barrier at this stage.

The utilization of security, and the barrier is approved within management and executive oversight, including business case consideration at the time of which it was implemented.

Thank you Stan.

QUESTION 2

Karen Duke of Warburton asked;

Could 'no standing' signs please be put on the residential side of Dammans Road and up the residential side streets off Dammans Road in Warburton as soon as possible. I know that for years residents have requested this by various council project managers that have included our community development officer, WMBD officers, and council planners.

Nothing has happened or got done. It is a major safety hazard having vehicles parked on both sides of Dammans Road and up the side streets. There is no possible way for emergency services to get through or for residents to go about their daily lives being blocked in and out of their homes.

Could 'no standing' signs be put up as soon as possible before more visitors come to an overcrowded area as this is happening now and an ongoing concern of residents.

Hjalmar Philipp, Director Built Environment and Infrastructure

Thank you very much for your question, and sharing your observations of parking in that area.

Your request for the installation of no stopping signage on Dammans Road and its side streets has been forwarded to our Traffic Engineering Team for further investigation, and a team member will contact you this week to discuss the matter in more detail.

Thanks again.

QUESTION 3

Anonymous asked;

Community would like to know why the council agenda is not up online on the YRC website until late Friday night or the Saturday morning  ...  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

The planning application seeks approval to use and develop the site for a winery and small second dwelling, licenced premises, and display of business identification signs, at 23 Maddens Lane, Gruyere. The proposal includes retaining the existing dwelling and outbuildings on the site.

The application was advertised, and sixteen (16) objections were received. Objectors raised concerns of whether the use constitutes a winery, as well as concerns that this is an overdevelopment of the site, future expansion of the use, the proposal not aligning with Green Wedge Zone, the small second dwelling being used for tourism accommodation and concerns of offsite amenity impacts from use.

An assessment of the application against the requirements of the Yarra Ranges Planning Scheme, including the relevant planning policies for economy, agriculture and housing has found that the application meets the requirements and is a suitable planning outcome for the site.

Overall, the proposal responds to the constraints of the site, including residential interfaces. The proposal respects the existing viticultural use of the land and the surrounding land uses and provides a small-scale winery within an established agricultural and rural area.

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 (attachment 1).

Cr Marriott left the meeting at 7:42 prior to consideration of the item, having declared a conflict of interest in this item.

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

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

Cr McAllister moved, and Cr Higgins seconded, an amendment to the motion.

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

SUMMARY

It is a requirement that Council set the date, time and place of all Council meetings.

This report provides a proposed schedule of Council meeting dates for the 2025 calendar year.

Once considered by Council the meeting schedule will be formally advertised, and details placed on Council’s website. Historically, Yarra Ranges Council meetings have been held on a fortnightly cycle, on the second and fourth Tuesday of each month, commencing at 7:00 pm, with a break provided over the Christmas period.

This report proposes to retain a fortnightly Council meeting cycle throughout 2025. Except for April and September where only one Council meeting will be scheduled per month.

Cr McAllister returned to the meeting at 8.08pm prior to a vote being taken.

Cr Mcilwain returned to the meeting at 8.08pm prior to a vote being taken.

Moved: Cr Cox
Seconded: Cr Mazzarella

That Council

1.         Adopt the 2025 schedule of Council meetings as follows:

2.         Convene all Council meetings to commence at 7:00 pm at the Yarra Ranges Council Office, Lilydale, Victoria, unless otherwise specified in a public notice.

3.         Authorise the Chief Executive Officer to undertake all statutory requirements that apply to meetings of Council.

The motion was Carried unanimously.

Cr Mazzarella moved, Cr McAllister seconded, a procedural motion to change the original motion to amend the meeting dates on advice from the CEO during the meeting.

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

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

Against:       Nil

SUMMARY

Each year Council appoints representatives to several committees and external bodies. Approval is sought to appoint Council representation to the committees and external bodies listed for the period December 2024 to November 2025.

A list of the appointments recommended to be made to committees and external bodies is included at Attachment One.

Cr Heenan moved, and Cr Mcilwain seconded, an amendment to the motion.

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

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

Against:       Nil

SUMMARY

This report summarises the evaluation process and seeks Council approval for the award of the contract for stage two of Maddens Lane Road Rehabilitation works.

Maddens Lane, Gruyere/Coldstream (Maroondah Highway to Medhurst Road) is listed under the Roads Rehabilitation & Renewal Program within the Yarra Ranges Council Capital Expenditure Program with allocated funding of $2,573,600 across two financial years – 2023/2024 ($1,023,600) and 2024/2025 ($1,550,000).

Maddens Lane is being reconstructed under two contracts. Contract EOI6105 7359: Maddens Lane Road Rehabilitation was awarded to Prestige Paving Pty Ltd at the Council meeting on 28 November 2023 and is for the reconstruction of Maddens Lane from Medhurst Road to Spring East Lane. The main works under this contract were constructed over 2023/2024 and early 2024/2025, with a final spray seal scheduled for March 2025.

This council report considers the award of EOI6105 7525: Maddens Lane, Coldstream Road Rehabilitation – Stage 2, being for the section of Maddens Lane from Spring East Lane to Maroondah Highway.

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

In Favour:   Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott 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                Lilydale & Melba Festival Street Fair

Cr Mazzarella congratulated the Lilydale Township Action Group on the successful Lilydale & Melba Festival Street Fair held on 8 December 2024.

12.2                Federal Government Funding Announcement

Cr McAllister noted the Federal Government Thriving Suburbs Program funding announcement of $5.7 million, which helps Yarra Ranges Council fund community infrastructure projects such as Lillydale Lake improvement works and a new community and sporting pavilion at Don Road. Cr McAllister thanked all officers involved in securing the funding.

12.3                Federal Government Funding Announcement

Cr Heenan also noted the Federal Government Thriving Suburbs Program funding announcement for Lillydale Lake improvement works and noted the lake recently winning the prestigious international Green Flag Award for well-managed parks and green spaces.

12.4                Lilydale & Melba Festival Street Fair

Cr Heenan also congratulated the Lilydale Township Action Group on the successful Lilydale & Melba Festival Street Fair held on 8 December 2024.

12.5                Holy Fools Christmas Hamper Packing

Cr Heenan informed Council the Holy Fools Christmas Hamper Packing will be occurring soon and encouraged community to donate through the purple bins located throughout the Municipality to help reach Holy Fools target of 400 hampers.

12.6                Kilsyth Festival

Cr Cox attended the Kilsyth Festival on 24 November 2024. Cr Cox thanked all the members of the Kilsyth Action Group for the work they have put into the event.

12.7                International Day of People with Disability

Cr Cox attended the International Day of People with Disability event hosted by Yarra Ranges Council. Cr Cox noted the significant attendance and thanked everyone who contributed to the success of the event.

Cr Child

-           Attended the Eastern Regional Group of Councils held on 6 December 2024 at the Realm, Maroondah City Council. The meeting was also attended by Cr Higgins and the Chief Executive Officer.

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

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

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

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

Against:       Nil