Agenda and 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 Cox declared a general interest in respect of Item 10.3. A written notice was supplied to the Chief Executive Officer under Governance Rules Chapter 7 Sub-Rule 3.1b.

The King's Birthday 2025 Honours List

The Mayor congratulated all recipients and nominees for the King's Birthday 2025 Honours List.

In Favour:      Cr Child, Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, 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

In accordance with Governance Rule 59.10, Wendy Wright read their Question to Council.

QUESTION 1

Wendy Wright of Wandin North asked;

Solar Savers program (led by Eastern Alliance for Greenhouse Action ): Budget documents indicate this will continue.

Presumably this decision followed a full cost benefit analysis that considered eg cost, value for money, # of YR residents receiving benefits, how the program itself is performing?

I have been unable to find any financial information about this program.

(Noting the EAGA produces an Annual Report that is very high level and lacks this level of detail).

Please provide details

Director Built Environment and Infrastructure, Hjalmar Philipp

Throughout the development of the draft budget Council Officers review programs and services to evaluate community impact and value.

Council has participated in the Solar Savers program since 2019. The program supports residents - particularly those who may face financial barriers to accessing solar energy - by providing trusted advice, access to rebates, and vetted solar providers.

Since joining the program, 114 Yarra Ranges households have successfully installed solar systems through Solar Savers. These installations have resulted in an estimated total saving of approx. $635,000 on electricity bills for local residents.

Council contributes an annual participation fee of $16,500 and the program is available to all Yarra Ranges residents. An evaluation to date indicates a return of $6.50 for every $1 invested. Council is also scheduled to undertake a further evaluation of the program throughout 2025 in preparation for future budgets.

Testimonials from participants highlight the program’s value in terms of trust, ease of use, and quality of service. Outcomes delivered from the program have also contributed to Council green house emissions reduction targets.

QUESTION 2

In accordance with Governance Rule 59.10, Wendy Wright read their Question to Council.

Wendy Wright of Wandin North asked;

Business paper Item 10.3 proposing to add EMOs to 3000+ properties, including a proposal to apply these immediately – before community consultation - via an interim order. This seems to be a reaction to the McCrae landslip, the cause of which is not yet determined.

What is the impact of an interim overlay on planning permits approved and/or in progress? How many of the impacted properties are already partially affected by an EMO?

Director Built Environment and Infrastructure, Hjalmar Philipp

Following the June 2021 storms and widespread tree loss across Yarra Ranges, Council began reviewing the existing Erosion Management Overlay (EMO) to address increased landslip risk. The first stage began in 2022/2023 and was approved in 2024 via Amendment C217, predating the McCrae landslide, which further highlights the importance of the update.

The proposed EMO will help property buyers understand landslip risks upfront, rather than during the planning process.  It ensures developments in landslip prone areas are properly sited, designed and built to protect current and future residents.

If  ...  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

This report recommends that Council formally adopts the annual Budget and declare the rates and charges for the 2025-2026 financial year. The Draft Budget 2025-2026 has now been updated and finalised following the public Hearing of Submissions Committee meeting on the 6 May 2025.

A summary of the changes and updates include:

·         A reallocation of funding in the Capital Expenditure Program in response to public submissions. This includes advanced design funding for Wesburn dog fence, new footpath design investigation works and Warburton Bowling Club bowling green assessments.

·         Fees and Charges 2025-2026 – amendments were made to a small number of statutory fees that are subject to annual changes via State Government gazettes released during May 2025 (Attachment 2).

Rates and charges for 2025-2026 

The 2025-2026 Budget has been prepared in compliance with the rate capping legislation introduced by the Victorian Government and proposes a three percent increase in rates per property. 

Capital Works

The Budget proposes a number of significant capital works projects that have been identified through planning and community consultation.

Policy, planning and services initiatives 

The Budget also includes resources for a range of initiatives regarding policy, planning and services. 

In accordance with Governance Rule 29.1, Cr Child, Cr Mcilwain, Cr Ward,
Cr Cox, Cr Heenan, Cr Mazzarella, Cr McAllister, Cr Marriott and Cr Higgins spoke to the Motion.

SUMMARY

This report recommends that Council formally adopts the Revenue and Rating Plan 2025-2029 (the Plan) (Attachment 1).

The plan has now been updated and finalised following the public Hearing of Submissions Committee meeting on the 6 May 2025.

No material changes to the plan were undertaken.

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

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

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

Against:         Nil

SUMMARY

The Yarra Ranges municipality has a history of landslip risk, with a number of identified landslip sites including Warburton and Montrose. Recent weather patterns, including increased rainfall and large storms, have heightened the risk of landslips over the past three years.

Council implements several measures to manage and mitigate the risk of landslip by working with Emergency Services to prepare for and respond to risk through municipal emergency risk assessments. Additionally, Council conducts regular inspections and maintenance of critical systems, including roads, stormwater, water supply, power, gas, and telecommunications. These steps help minimize potential impacts, alongside the proactive mitigation of risk through planning scheme overlays.

With the June 2021 storm causing significant tree loss and property damage, there was a need to review current planning provisions and address the increasing likelihood of landslip risk in the Yarra Ranges municipality.

Council received grant funding of $300,000 under the National Emergency Management Agency’s Preparing Australian Communities (PAC) Program – Local to engage a geotechnical consultant to undertake a comprehensive review of landslip risks. This has recommended updating the EMO mapping to inform a proposed planning scheme amendment.

Previous mapping of landslide risk was based on hand drawn maps which then informed the first version of the Erosion Management Overlay in the 1990s. The recent utilisation of advanced three-dimensional mapping technology, named Light Detection and Ranging (LiDAR), has more accurately identified historic landslips and landslip-prone areas in Yarra Ranges.

Council is required to review and update the Planning Scheme to ensure it is current and responds to new information and changes in circumstances. Updating the Erosion Management Overlay (EMO) in the Yarra Ranges Planning Scheme is now needed to reflect this more accurate mapping and Council records of actual landslide events. This is proposed through Planning Scheme Amendment (C225) and will result in both adding and removing properties from the Overlay (a net increase of 1,987 properties added) while also proposing an additional Schedule specific to areas with higher risk of debris flow.

Concurrently it is proposed that the views of the Minister for Planning are sought on applying the EMO to new properties on an interim basis to ensure new and accurate mapping is included in the planning scheme and considered as part of planning applications, whilst Amendment C225 is exhibited.

The amendment proposes to introduce the EMO planning control to some properties that do not currently have it, which may be viewed with concern by these property owners. To assist with understanding the implications it is proposed that fact sheets be prepared when the amendment is exhibited to provide further information on the proposed changes for residents.

Emergency management arrangements are also being reviewed and updated to include specific protocols for landslip events, ensuring appropriate response and effective coordination among emergency services. Targeted community resilience activities have been delivered and will continue to support and inform residents about landslip risks, prevention and preparedness, as well as the impact of rainfall thresholds on landslip likelihood on private property.

Cr Cox left  ...  view the full minutes text for item 10.3

SUMMARY

The Yarra Ranges Flag Policy (the Policy) was developed to inform and guide Council Officers on the applicable protocols for flying the Australian National Flag and other flags at the Civic Centre and other Council facilities.

A review of the policy has been undertaken. As part of the review the Policy’s scope has been broadened to include guidelines for flag usage in digital and print formats, ensuring consistent, respectful and appropriate representation across all Council platforms.

In completing this review, Council Officers assessed the current application of the policy relating to the flying of physical flags, including the process for flying ceremonial or specific flags. No material change is recommended to this section of the Policy.

An assessment was undertaken in the use of flags for digital and print formats across Council’s operations and it is recommended that a section covering this is incorporated into the policy. The review has specifically addressed the use of the National Australian Flag, Aboriginal Flag and Torres Strait Islander Flag with the Acknowledgement of Country Statement in digital and print format.

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

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

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

Against:         Cr Mazzarella

DIVISION

Cr Heenan called for a division.

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

Against:         Cr Mazzarella

Absent:          Nil

SUMMARY

Updates have been made to the Instrument of Delegation to members of Council staff (the Instrument) to reflect several legislative and administrative changes.

The S5 delegation under the Local Government Act 2020 (the Act) enables a Council to delegate its powers, duties, and functions to the Chief Executive Officer (CEO), except for certain responsibilities that must remain with the Council as prescribed by legislation. This delegation allows the CEO to make decisions and carry out functions on behalf of the Council, ensuring efficient administration and operational effectiveness. By granting this authority, the Council can focus on strategic decision-making while the CEO oversees day-to-day governance and service delivery.

The S6 Instrument of Delegation to members of Council staff covers delegations from a range of legislative instruments. These Acts and Regulations contain a specific power of delegation. The instrument delegates these powers from Council directly to staff, as opposed to many other pieces of legislation and regulations where Council may delegate powers, duties and functions to the CEO, who may them subdelegate to Council staff.

While it is considered good governance to regularly review and update Instruments of Delegation, the Act also mandates that Council review the delegations it has made within 12 months following a general Local Government Election.

The proposed changes in this report ensure that the CEO and appropriate members of Council staff holding, acting in, or performing,the duties of the positions described inthe Instrument are nominatedto act as delegates.

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

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

Against:         Nil

SUMMARY

This report summarises the evaluation process taken and seeks Council approval for the award of contract CT7790 Provision of Electric Line Clearance and Street Tree Management.

Tenders closed Wednesday 12 March 2025, and seven (7) tenders were received.  This item has been included in the public agenda to facilitate openness and transparency in Council’s decision-making.  A confidential attachment has been included with the report which contains commercially sensitive information that is not to be disclosed while the meeting is open to the public. 

This tender is to complete electric line clearance in Council’s declared areas, and tree management. The recommendation in this report has been formally endorsed by the tender evaluation panel.

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

In Favour:      Cr Child, Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain,
Cr Mazzarella, 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    Kenneth Bruce Rowland AM - Member of the Order of Australia

Cr Heenan congratulated Kenneth Bruce Rowland on receiving the Member of the Order of Australia for significant service to music as a composer, arranger and conductor. Cr Heenan mentioned Mr Rowlands work in film, television and live productions, noting the 1982 film, The Man from Snowy River.

Cr McAllister

-           Attended the Audit & Risk Management Committee meeting held on 2 June 2025 at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr Child.

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 Heenan, Cr Higgins, Cr Ward, Cr Mcilwain,
Cr Mazzarella, 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.

The Mayor called for the meeting to be adjourned at 9.20pm.

Cr Cox left the meeting 9.20 pm.

The meeting resumed at 9.25pm with Cr Child, Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr McAllister and Cr Marriott present.

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

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

Against:         Nil

The Mayor noted that Cr Heenan or Cr Mazzarella’s vote in favour of this procedural motion did not change Cr Heenan or Cr Mazzarella’s vote against Item 10.1 - 2025-2026 Budget for Adoption.

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.