Agenda and draft minutes

Council Meeting - Tuesday, 9th September, 2025 7.00 pm

Venue: Council Chamber - Civic Centre. View directions

Contact: Andrew Edge 

Note: 631st 

Items
No. Item

5.

DISCLOSURE OF CONFLICTS OF INTEREST pdf icon PDF 66 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.

 

Tammi Rose, Chief Executive Officer, declared a material interest in respect of Item 10.2 - CEO Employment & Remuneration Policy 2025 and Item 17.1 - Chief Executive Officer (CEO) Employment Matters - Review.

 

 

6.

MAYORAL ANNOUNCEMENTS pdf icon PDF 27 KB

Minutes:

­­­­­­­­There were no Mayoral Announcements for this meeting.

7.

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS pdf icon PDF 28 KB

Minutes:

 

Moved: Cr Child
Seconded: Cr Marriott

That the Minutes of the Council Meeting held Tuesday 26 August 2025, as circulated, be confirmed.

The motion was Carried unanimously.

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

Against:       Nil

 

8.

QUESTIONS AND SUBMISSIONS FROM THE PUBLIC pdf icon PDF 48 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 64 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

YR-2023/173 41 & 43 Hoddle Street, Yarra Junction pdf icon PDF 2 MB

Additional documents:

Minutes:

SUMMARY

The application proposes a staged twenty-five (25) lot subdivision, vegetation removal, creation and removal of easements.

The subdivision is to be undertaken in two stages, with development of the site confined to the western half of the site where all lots will range between 500 and 21,614 m2 (2.1 hectares conservation lot). The development will also incorporate a new road off Hoddle Street that will provide access to all allotments. The eastern end of the site includes a conservation zone that will protect and conserve existing flora and fauna in the area. The subdivision design is site response and responds to the constraints of the site and surrounds, including environmental features and hazards.

The application has been advertised and at the time of this report seventeen (17) objections have been received. Objector concerns primarily relate to traffic and user safety of Hoddle Street, impacts to flora and fauna and the character of subdivision pattern.

Overall, the subdivision responds to the Yarra Ranges Planning Scheme when assessed against the relevant policies including the Municipal Planning Strategy, Planning Policy Framework, Zone, Overlay and particular provisions of the Scheme.

It is recommended the application be approved and a Notice of Decision to Grant a Planning Permit, subject to conditions contained in Attachment 1, be issued.

In accordance with Governance Rule 58, Russel Bondarenko-Edwards spoke in objection to the recommendation included in the officer report.

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

Moved: Cr Child
Seconded: Cr Mcilwain

That Council resolve to approve Planning Application YR-2023/173 for a staged twenty-five (25) lot subdivision, vegetation removal, creation and removal of easements at 41 & 43 Hoddle Street, (Lot 2 PS427467 & Lot 2 LP113135) Yarra Junction and issue a Notice of Decision to Grant a Permit subject to the conditions in Attachment 1 to the report.

The motion was Carried.

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

Against:       Cr Cox

 

10.2

Chief Executive Officer (CEO) Employment Matters - Policy pdf icon PDF 103 KB

Additional documents:

Minutes:

SUMMARY

The Chief Executive Officer (CEO) Employment & Remuneration Policy 2021 (the policy) is due for review this year. Having undertaken a review of the Policy, it is attached for endorsement.

Tammi Rose, Chief Executive Officer, left the meeting at 7:35pm prior to consideration of the item, having declared a conflict of interest in this item.

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

Moved: Cr McAllister
Seconded: Cr Heenan

That Council adopt the Chief Executive Officer (CEO) Employment and Remuneration Policy 2025.

The motion was Carried unanimously.

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

Against:       Nil

Tammi Rose, Chief Executive Officer, returned to the meeting at 7:39pm following a Vote being taken.

 

 

 

10.3

Review of Delegations Made to Chief Executive Officer and Council Staff pdf icon PDF 162 KB

Additional documents:

Minutes:

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. 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 in the Instrument are nominated to act as delegates.

The Mayor requested the note under provision s46AAA regarding the Yarra Strategic Plan be removed prior to the common seal of Council being affixed to the Instrument, as it was no longer relevant.

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


 

 

Moved: Cr Ward
Seconded: Cr Mazzarella

In the exercise of the powers conferred by the legislation referred to in the S5 Council to Chief Executive Officer and S6 Council to Members of Staff Instrument of Delegations included at Attachment One and Two, Council resolves that;

1.         The delegations made to the Chief Executive Officer and Members of Council staff holding, acting in, or performing, the duties of the offices or positions referred to in the attached Instrument of Delegation to members of Council staff be approved, subject to the conditions and limitations specified in that Instrument.

2.         The Instrument comes into force immediately the common seal of Council is affixed to the Instrument.

3.         On the coming into force of the Instrument all previous delegations to members of Council staff (other than to the Chief Executive Officer) are revoked.

4.         The duties and functions set out in the Instrument must be performed and the powers set out in the Instrument must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

The motion was Carried unanimously.

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

Against:       Nil

 

10.4

Capital Development Grants pdf icon PDF 180 KB

Additional documents:

Minutes:

SUMMARY

Council has allocated $185,000 in the adopted 2025/2026 Capital Works Budget to the Capital Development Grants Program. Capital development grants offer financial assistance to not-for-profit organisations to improve sport and active recreation infrastructure. Funding is provided as a one-off grant with the goal of benefiting sporting and recreation groups as well as the general community.

Fifteen applications were received in the 2025/26 funding round and eleven projects are recommended to be funded, totalling $181,040 of Council grant contributions toward a combined project value of $402,128.07. Funding agreements will be established with each recipient for the delivery of their initiative following formal consideration by Council.

Of the four applications not recommended to be funded, some related to works Council will already be delivering as part of its property and building maintenance services, while on others, Council will work with the unsuccessful applicants to support the outcomes being sought, including over following grant rounds.

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

Moved: Cr Heenan
Seconded: Cr Cox

That Council endorse the Capital Development Grants of $181,040 for 2025-2026 as follows

1)        $1,300 to Belgrave Heights Tennis Club

2)        $3,750 to Yarra Glen Bowls Club

3)        $6,568 to Mooroolbark & District Miniature Railway & Steam Club Inc.

4)        $9,070 to Monbulk Pony Club

5)        $10,000 to Doongala Pony Club

6)        $15,000 to Silvan Football Club Inc

7)        $21,041 to Mooroolbark Cricket Club

8)        $24,311 to Mount Evelyn Football Club

9)        $30,000 to Chirnside Park Football Club

10)     $30,000 to Eastern Ranges Football Club

11)     $30,000 to Montrose Tennis Club

The motion was Carried unanimously.

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

Against:       Nil

11.

COUNCILLOR MOTIONS pdf icon PDF 28 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 27 KB

Minutes:

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

 

13.

REPORTS FROM DELEGATES pdf icon PDF 27 KB

Minutes:

Cr Marriott

-           Attended the Stormwater Plan Community Reference Panel Meeting held on 1 September 2025 at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr Heenan, Cr Marriott, Cr Mazzarella and Cr Mcilwain.

Cr Marriott

-           Attended the Sustainable Environment Advisory Committee held on 28 August 2025 at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr Ward and Cr Mcilwain.

 

14.

DOCUMENTS FOR SIGNING AND SEALING pdf icon PDF 28 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:

There were no Documents for Signing and Sealing received for this meeting.</AI24><AI25>

 

15.

INFORMAL MEETING OF COUNCILLORS pdf icon PDF 88 KB

Additional documents:

Minutes:

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

Moved: Cr Mazzarella
Seconded: Cr Ward

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.

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

Against:       Nil

 

16.

URGENT BUSINESS pdf icon PDF 28 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:

17.

CONFIDENTIAL ITEMS pdf icon PDF 30 KB

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

Minutes:

 

Moved: Cr Child
Seconded: Cr Heenan

That in accordance with section 66(2)(a) of the Local Government Act 2020, Council resolves to close the meeting to members of the public to consider the following items which relate to matters specified under section 3(1), as specified below.

17.1 Chief Executive Officer (CEO) Employment Matters - Review

17.1 is Confidential under the terms section 3(1) of the Local Government Act 2020 as it contains information relating to: (f) personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs.

The motion was Carried unanimously.

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

Against:       Nil

 

17.1

Chief Executive Officer (CEO) Employment Matters - Review

Minutes:

Tammi Rose, Chief Executive Officer, left the meeting at 7.55pm prior to consideration of the item, having declared a conflict of interest in this item.

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

Moved: Cr Child
Seconded: Cr Heenan

That

1)         Council notes the resolution of the Chief Executive Officer Performance Review process for 2025.

2)         Council notes the overall rating of the Chief Executive Officer during the review period was recorded as “Good: Performance is above satisfactory” per the attached confidential report from AtWork Consulting.

3)         Council index the CEO’s total remuneration package (TRP) by 2.75% excluding any legislated increases to superannuation.

4)         This report will remain confidential indefinitely as it relates to matters specified under section 3(1)(f) personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs.

5)         This resolution not be deemed confidential and be recorded in the public minutes of the meeting.

The motion was Carried unanimously.

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

Against:       Nil

Tammi Rose, Chief Executive Officer, returned to the meeting at 8:02pm following a Vote being taken.

 

18.

DATE OF NEXT MEETING pdf icon PDF 28 KB

Additional documents: