Agenda item

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 FROM THE PUBLIC

 

QUESTION 1

 

Rosemary Mosley of Lilydale asked;

When a Petition has been lodged with Council, is a copy provided to all Councillors and relevant Shire personnel when the matter of the Petition is on a Council Meeting Agenda ?

If so, is that Petition read carefully, including additional items, eg. photos to illustrate the topic, prior to the Meeting?

 

Andrew Hilson, Director Corporate Services:

Thank you for your question, Rosemary for the question and Susan for reading that.  

Once a petition to Council is lodged it is assessed by Council Officers to ensure it meets all the requirements of a formal Petition to Council.   

Once confirmed, the petition is included in a Council meeting agenda and all petition material, including any photos, are provided to the Mayor, Deputy Mayor, all Councillors, relevant Council officers and Council’s CEO.  Information about a petition is usually provided to Councillors and officers one week prior to the Council meeting, or as soon as it is received from a Petitioner. Additional background information and context is also provided where necessary by officers to Councillors to assist in their understanding of the matter.

All Yarra Ranges Councillors take their role, responsibilities and duties seriously, which includes an expectation to read and understand all briefing materials such as petitions and Council officer reports.

 

QUESTION 2

 

Sonya Weir of Lilydale asked;

Why do the rate payers affected by flooding pay the same rates as everyone else in Lilydale?

 

Andrew Hilson, Director Corporate Services

Thank you for your question, Sonya.

General rates charges for a property are calculated using the formula “Capital Improved Value x Rate in the Dollar.”

All ratepayers across the municipality have the same Rate in the Dollar applied to their general rates calculation, however rates charges vary between ratepayers due to different property valuations, which depend on a large number of factors influencing property values. Properties in different locations and subject to different conditions are likely to have different valuations and therefore rates charges.

It is Yarra Ranges Council’s determination that this method of calculating general rates provides the most fair and equitable way for all ratepayers to contribute towards the many services delivered by Council across the municipality.

Any person who is aggrieved by the valuation of their property may object to that valuation to the Valuer General of Victoria, this is a cost-free process.

 

 

QUESTION 3

 

Belinda Bernardini of Lilydale asked;

What was the total waste charge for all households in 22/23FY?

[and]

Taking into account the new FOGO system, can council advise what the total anticipated waste charges will be for all household (cumulatively) for the 23/24FY?

 

Kath McClusky, Director Planning and Sustainable Futures

Thank you for your question, Belinda.

The total waste charge for all households in 2022/2023FY was approximately $23.8 Million.

Council is currently working through the collection of the waste charge for 23/24 financial year and will provide this information in due course, however it is estimated that the total collection will be approximately 29,9 for residential and commercial.

 

 

 

 

QUESTION 4

 

Mark Bernardini of Silvan asked;

Given council employ staff to undertake administrative duties why is council charging for a processing fee for submission of barrier compliance certificates? Surely such administrative task should be incorporated into the job descriptions of existing council workers under their pay arrangements. Will council waive this submission fee considering our rates already pay wages for staff and such wages should cover these administrative tasks?

 

Kath McClusky, Director Planning and Sustainable Futures

Thank you for your question, Mark.

The Pool and Spa program was introduced by the State Government in 2019. It is administered by Councils to ensure adequate safety of all pools and spas across Victoria, and to prevent child drownings in backyard pools and spas. Yarra Ranges has 7808 pools and spas.  Every owner of a property with a pool or spa must register their property with Council, and then provide a compliance certificate every four years. 

The fees for registration and submitting the swimming pool and spa barrier compliance certificate are statutory fees set by the State, not Council, to partly cover the costs to Council of staffing the program, rather than being entirely covered by general Council rate revenue.  Yarra Ranges has had to appoint additional staff to administer the program, at this stage Council will not be waiving the fee, unless there are exceptional circumstances.

 

 

 

 

 

QUESTION 5

 

Anonymous of Mooroolbark asked;

Given the current housing crisis, that has been in gradual but significant decline for the last 5 years.

1. Why does the Council Planning Dept continue to insist on more onerous requirements than are in the actual Planning Scheme regulations?

2. Why won't Council review &/or change their Planning Dept 'wants' until the next elections?

I can't fathom why Local Council has failed to fall in line with this huge need given the fact that both State & Federal Govts are pushing for increased supply.

 

Kath McClusky, Director Planning and Sustainable Futures

Thank you for your questions.

Question 1

While we understand that some people may view the requirements as onerous, housing development must also be balanced with achieving the existing and preferred local Neighbourhood Character. To ensure developments provide a positive response to its local neighbourhood, including planting of canopy trees, landscaping and open spaces. This continues to be a key theme that we heard in our recent engagement on our draft housing strategy from our community.

Question 2

Council is not waiting until the next election to review our planning scheme.

We have recently reviewed our Housing Strategy which helps to progress both the State and Federal Governments Housing Agenda. This strategy will be formally considered by Council in the coming months.

The Draft Housing Strategy outlines how Yarra Ranges will enable an increase of approximately 10,700 new homes over the next 15 years.  This will include providing more housing in established residential areas and major activity centres. The strategy also includes the provision of more affordable and smaller homes, and a variety in housing size and type. 

Developers are encouraged to use Council’s multi-unit residential guidelines as guidance for preferred unit outcomes in our urban areas. If adopted by Council the Yarra Ranges Housing Strategy will progress with preparing an amendment to the Yarra Ranges Planning scheme to implement its recommendations.

 

 

QUESTION 6

 

Wendy Wright of Wandin North asked;

How much revenue was received in Open Space Contributions from developers (or others) in 2022-23?

How were those funds used and how much new open space was created?

 

Hjalmar Philipp, Director Built Environment and Infrastructure

Thank you for your question, Wendy.

$1.49 million was received in Open Space Contributions in 2022-2023.

$4.49 million was expended in 2022-2023 to deliver works including minor capital improvements and the purchase of 150 Cambridge Road, Kilsyth.

This land purchase created an additional 3.6 hectares of open space.

 

 

 

QUESTION 7

 

Michelle de Lima of Lilydale asked;

What mechanisms and methods will be used to inform the elderly, people with a disability, or where English is a second language and those without access to technology so that they can provide input into the Community Consultation and Engagement Plan and what is the criteria for the recruitment of a representative community panel to develop recommendations for Council on Municipal wide issues and how will you ensure no bias in the selection process of representatives?

 

Andrew Hilson, Director Corporate Services

Thank you for this question, Michelle.

Council is designing its community engagement process to inform the development of the new Council Plan, 10 Year Asset Plan and 10 Year Financial Plan. With a specific approach to offer diverse ways for community involvement therefore gaining as many voices and opinions as possible.

We are including activities such as online and in-person surveys, market stalls and pop-ups that bring the engagement conversation out to our community and opening conversations through existing networks and interest groups across our municipality such as township groups, business networks, libraries, schools, senior citizens clubs, community organisations and advisory committees.

Collectively, all these activities offer a range of opportunities for people from diverse backgrounds to become involved through face-to-face, paper based or virtual connection.

In addition, we will be appointing a representative deliberative panel to inform the Plans. Whilst there aren’t any set criteria for joining the community panel. It is planned to comprise people that are intentionally selected to be representative of our communities’ diverse demographics. Council is using an external recruiter to appoint the panel, therefore ensuing there is no selection bias.

For members of our community with low levels of English, materials can be made available in other languages if requested. We will promote opportunities for our newly arrived and migrant communities to get involved via community leaders and support organisations that Council officers have existing relationships with. Making these opportunities as accessible and equitable for those who want to be involved is an important part of our engagement plan.

 

 

 

 

QUESTION 8

 

Anonymous of Healesville asked;

If a rate payer doesn’t consent or doesn’t receive a service offered by council, eg green waste bin, is it legal to charge for it? Australian Consumer Law, states ‘it is an offence for a business to demand payment for unsolicited products or services that a consumer did not request to purchase or receive.’ Shouldn’t council follow ACL principles in all of its dealings whether ACL strictly applies or not, particularly in regards to rates & charges? Answer succinctly referencing which laws apply.

 

Andrew Hilson, Director Corporate Services

Thank you for your question.

In this instance the Australian Consumer Law does not apply.

The Circular Economy (Waste Reduction and Recycling) Act 2021, states that “A council must provide... a municipal food organics and garden organics service” to its municipality for residential purposes.

Further, the Local Government Act (1989) states that Councils can apply charges for additional services required and provided, including the collection and disposal of waste, recycling and resource recovery services.

A service rate or service charge may be declared based on any criteria specified by the Council in the rate or charge, for example, applying the charge to all ratepayers universally across the municipality.

General rates are charged by Council under provisions of the Local Government Act 2020.  They are a valuation-based property tax and not a fee for service. Rates income is used to fund a wide range of services for the common good across the municipality. Council acknowledges that not all services are accessed by all residents, such as Maternal Child Health, Immunisation and Library services. 

 

 

 

 

 

 

 

 

 

 

 

QUESTION 9

 

Carmela Fiasco of Kalorama asked;

Requesting a recreational rubbish bin and public seating bench at Kalorama lookout public place. Corner of Mount Dandenong Tourist Rd and Barbars Road Kalorama. We get many visitors stopping to admire the beautiful view. A bench would benefit the elderly that are unable to stand at the lookout. And a bin would be very useful when visitors stop and have lunch there, instead of taking the rubbish back home with them.

 

Hjalmar Philipp, Director Built Environment and Infrastructure

Thank you for your question, Carmela.

The site of the lookout, Kalorama Park is the location for a significant public art piece, titled “Regeneration”. This installation is part of the ngurrak barring-RidgeWalk project. Which is a cultural trail project jointly funded by Federal and State governments along with Yarra Ranges Council

Seating, bins and an accessible path network are all part of the design which is being finalised at present and scheduled for delivery later this year. 

Further information on the project can be found at shaping.yarraranges.vic.gov.au/ridgewalk.

 

 

 

SUBMISSIONS FROM THE PUBLIC

 

Cleanliness Standard of Council Facilities

Eric Adams provided Councillors with information regarding the standard of cleanliness in Yarra Ranges Council public toilet facilities. Eric Adams requested that Council increase the standard of cleaning within public toilets and other facilities within the council.

The Mayor referred the matter to the Director Built Environment & Infrastructure for further investigation.

 

Due to the unavailability of the submitter, the Submission to Council (Senior Citizen Clubs) published in the Council Meeting Agenda will be now heard at the Council Meeting on Tuesday 12 March 2024.