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

 

Belinda Bernardini of Lilydale asked;

Referring to 10.1 of tonight's agenda and specifically recommendation 2, can council advise the definition of "vexatious" as noted in the recommendation and who would determine who would determine what is construed as "vexatious requests". If MAV pass this recommendation , what remedies would be afforded to residents who do not believe that their issue has been dealt with satisfactorily. Would this prohibit freedom of opinion?

 

Andrew Hilson, Director Corporate Service:

Thank you for your question, Belinda.

Council's definition of ‘vexatious’ aligns with the Victorian Ombudsman's definition of 'Unreasonable Behaviour'. Specifically, this relates to behaviours such as unreasonable persistence, demands and arguments, along with an unreasonable lack of cooperation, and aggressive behaviour. The Victorian Ombudsman and Council's current complaint handling policy both include several examples of each of these behaviours, and can be found on each organisation's website

If the motion being considered at tonight’s Council meeting is supported, and then supported at the State Council of the Municipal Association of Victoria (MAV), it would become a policy position of the MAV and therefore inform their advocacy to the State Government on behalf of the local government sector.

Ultimately the definition of ‘vexatious’ requests would be defined by the State Government who would draft and pass legislation.  

Regardless of whether the MAV motion is passed or not residents who feel their complaint has been unfairly rejected as vexatious or unreasonable would be able to escalate their complaint to a third-party agency such as the Victorian Ombudsman, Local Government Inspectorate or the Victorian Equal Opportunity and Human Rights commission. These escalation options are in line with our current complaint handling processes and policy.

 

 

 

 

 

 

QUESTION 2

 

Susan Lee of Lilydale asked;

In regards to Rosemary Mosley’s Petition with Agenda item number 9.1 submitted on 13 Feb 2024 to this council, which addressed the need to urgently upgrade the flood drainage on the downhill end of Chapel St, Lilydale, (after Clarke St) and the subsequent Resolution being passed at the same Council Meeting, what date can the 9 unit owners at 26 and 28 Chapel St expect drainage work to commence please? All the owners are waiting for the specific date from your Drainage and Infrastructure Team.

 

Hjalmar Philipp, Director Built Environment and Infrastructure

Thank you for your question, Susan.

February 13, Council resolved to receive a petition requesting drainage improvements at Chapel and Clarke Streets, Lilydale.

The petition is now being investigated by the infrastructure team and starts with scoping and design. 

In this case, the team will commence with catchment analysis to properly understand water flows and determine what improvements may assist, without causing downstream impacts elsewhere.

Engineering concepts for any identified improvements are then developed, including cost estimates and a delivery plan, for consideration in Council budgets.  Subject to budget confirmation, we can then start planning works on the ground.   

Given the above it isn’t possible to provide an exact date for works however, you can expect to receive regular updates from us throughout this process.

 

 

QUESTION 3

 

Michael McGill of Lilydale asked;

We have gone through [our] home insurance many times, the shires insurance won't compensate us so who will re-emburs us the thousands we have spent on [our] properly from the flood damage over 20 years.

Why are us rate payers paying for your new building and a full time chef.

 

Andrew Hilson, Director Corporate Services

Thank you for your question Michael.

We understand the frustration and financial burden you have experienced from flood impact over many years.

Decisions about insurance claims made against Council are made by Council’s third party insurer based on their assessment of each situation and the terms of Council’s insurance policy. Council is unable to directly alter or influence these decisions.

We strongly recommend property owners consider their own insurance to protect their assets.

Regarding your query about the civic centre, the provision of a suitable working space for Council employees is deemed an appropriate use of Council funds. Our civic centre also has several community focussed bookable spaces and we encourage community members and groups to utilise these spaces.

I can also advise that Council does not employ or engage a full time chef. Council does use the services of a number of local catering services for specific events when appropriate.

 

 

 

 

QUESTION 4

 

Sonya Weir of Lilydale asked;

Why has the Lilydale shire got a full-time chief that is rate payers are pay for?

Why has it taken 20 yrs for the council to finally listen, step up and take action to fix our drainage issues.

 

Hjalmar Philipp, Director Built Environment and Infrastructure

Thank you for your question, Sonya.

The parts of your question regarding a full time Chef have been responded to by the Director of Corporate Service in the previous question.

With respect to your drainage query, historically Council has consistently apportioned a budget allocation for drainage maintenance, renewal and upgrades.

Over the last five years our operations teams have increased their proactive approach to drainage maintenance. 

The severity and frequency of flood events are increasing, which is heavily impacting our Shire. Throughout 2023 Council commenced a Draft Stormwater Management Plan which is a key piece of work that will guide future priorities in this area. This plan will be available for public review late 2024.

More information about the Stormwater Management Plan can be found on our website under the “development” tab on the Homepage. Thank you.

https://www.yarraranges.vic.gov.au/Development/Roads-drains-footpath

 

 

 

 

QUESTION 5

 

Gary Mackay of Lilydale asked;

I refer to our petition tabled at council meeting of 14 June 2022 regarding the sealing of Roach Road Lilydale under the special charge scheme. On the 19 July 2022 we received a letter stating among other things that within 4 months residents would receive a landowner questionnaire. So why after nearly 2 years are we still waiting. The petitioners have had no contact or response from council and are now struggling with flooding and property damage due to council’s failing infrastructure. Please Help

 

Hjalmar Philipp, Director Built Environment and Infrastructure

Thank you for your question, Gary.

Unfortunately, the commencement of the Special Charge Scheme Process for Roach Road coincided with the withdrawal of Federal Government funding, for construction of roads in the municipality. 

Our records indicate that correspondence to your address as lead petitioner was sent in June 2023. The removal of the federal funding means a complete review by Council for funding and prioritising constructing unsealed roads is needed.  I just wanted to apologise for any confusion in that correspondence regarding next steps specifically with respect to Roach Road.

While this review process is underway, Council is not in a position to commence any new Special Charge Schemes for road sealing.

The funding and roads sealing prioritisation review is anticipated to be completed mid 2024, after which you will be provided a further update, as the lead petitioner, on the outcome of the review and the process for all future road sealing projects.

In addition to that particular road sealing review process Council are currently developing a Stormwater Management Plan. Once fully developed this plan will guide draining upgrade priorities across the Shire. As mentioned previously, further information about the Stormwater Management Plan can be found on our website under the “development” tab on the Homepage.

We acknowledge Roach Road is being impacted by storms. The Infrastructure Team are currently scoping maintenance works, which is likely to include resheeting for Roach Road. We welcome the opportunity to meet with you, and other residents, to discuss those maintenance works and get your feedback on them. Thanks.

 

https://www.yarraranges.vic.gov.au/Development/Roads-drains-footpath

 

 

 

QUESTION 6

 

Anonymous asked;

Can we please have at least one fully fenced playground/play space in our council?

 

Hjalmar Philipp, Director Built Environment and Infrastructure

Thank you for your question.

Council’s Playspace Plan 2019-2029 has a policy of not fencing playgrounds.

However, an internal review of the plan has commenced which identified potential adjustments to allow for a select number of District level playgrounds to be fenced. 

This would potentially apply where the objective is to allow for universally accessible play opportunities. 

As an adopted plan of Council, a mid-term review of the plan will be formalised over the coming year. This review will include learnings from delivered projects and other feedback, including yours.

Thanks again for your question.

 

QUESTION 7

 

Anonymous asked;

In 2023 Council reduced collection of household general waste bins from weekly to fortnightly. Since this reduction in household waste collection, it's become apparent that public bins are being used to deposit residential waste.

Since halving of household general waste collection, please advise what amount of extra waste is being collected from public council bins, at parks, gardens and along streets?

Has there been an increase in rubbish dumped alongside roads in Yarra Ranges, since mid 2023?

 

Amanda Kern, Acting Director Planning and Sustainable Futures

Thank you for your question.

Our Food Organics and Garden Organics service commenced on 1 October 2023.

For the period from October 2023 to January 2024, 157 tonnes of waste was collected from our public litter bins. During the same period 12 months earlier, 148 tonnes of waste was collected, there was a peak in November, but the remaining months were similar to previous years.

For the period October 2023 to January 2024, it was noted that there was an initial, minor increase in bagged residential waste dumped on Council managed roadsides and some reserves. This has since returned to regular baseline levels.

Our Officers continue to manage waste collection throughout the municipality and respond to challenges as they arise.

 

 

 

SUBMISSIONS FROM THE PUBLIC

 

Yarra Ranges Senior Citizen Clubs

Raymond Cooper provided Councillors with information regarding the Senior Citizen Clubs within Yarra Ranges Council and the activities undertaken by the Clubs.

Mr Cooper also gave Councillors an update on expenditures for Senior Citizen Clubs within Yarra Ranges Council. Mr Cooper raised concerns regarding transport to and from Senior Citizen Clubs for members within Yarra Ranges Council.