MINUTES OF THE ORDINARY MEETING OF THE TORRES SHIRE COUNCIL HELD IN THE SHIRE OFFICES, DOUGLAS STREET, THURSDAY ISLAND ON TUESDAY, 19 MAY 2009
PRESENT Mayor Cr. N. P. Stephen (Chairman), Cr. N. Bin Tahal, Cr. A. Ketchell, Cr. I. Shibasaki, Cr. J. Abednego, Mr. B. McCarthy (Chief Executive Officer), Mrs D. Yorkson (Director Corporate Services), Mr. P. Watton (Director Engineering Services), Mr. L. Rodwell (Director Planning & Environmental Services), Mrs. N. Ward Page (Minute Secretary) and Mr D Benjamin (IT Officer-part of meeting).
The meeting opened with a prayer by Mayor Stephen at 9.10 am.
CONDOLENCES As a mark of respect, Council observed a minute’s silence in memory of:
Mrs Judy Watton, Elder Mackie Rattler, Mrs Loko Baker and baby Cyril Jack Ben McKeown
DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT Nil
CONFIRMATION OF MINUTES
Min. 09/05/1 Moved Cr. Bin Tahal, Seconded Cr. Ketchell “That Council receive the Minutes of the Ordinary Meeting of 21 April 2009 and confirm as a true and correct record of the proceedings.” Carried
BUSINESS ARISING FROM PREVIOUS MINUTES
Cr. Ketchell Minutes of 21 April 2009 Mayor’s Report Business Case Proposal - Torres Strait Institute for Policy Research Mayor advised he will keep Councillors informed of progress.
MAYOR'S REPORT
Torres Strait and Northern Peninsula Area Regional Plan 2009-2029 Elected members from TSRA, TSIRC and NPARC met to discuss the plan on 1st May 2009. TSC members were absent at the LGAQ Elected Members Training that day.
Local regional targets and timeframes are the priority indicators for the Commonwealth’s ‘COAG National Reform Agreement to ‘Close the Gap’ and the State’s ‘Towards Q2: Tomorrow’s Queensland’ Plans.
Queensland Aboriginal and Torres Strait Islander Advisory Council Attending Advisory Council 2nd Meeting, Brisbane 26 - 27 May 2009 chaired by Minster for Aboriginal & Torres Strait Islander Partnerships, Hon. Desley Boyle MP. First day is proposed members' “think-tank” session and the Advisory Council official Meeting will be held the following day.
Copies of draft Reconciliation Action Plan will be circulated after the meeting for community consultation on my return on 28 May 2009.
COUNCI MINUTES ORDINARY MEETING 19 MAY 2009 1 MAYOR'S REPORT (cont’d)
State Education Week I encourage Councillors and staff to participate in the local celebrations and activities for State Education Week (1 - 6 June 2009).
State Governor’s Visit I take this opportunity to express my gratitude for the support and assistance from Councillors and staff to host the various activities for the 25th Queensland Governor, her Excellency Ms Penelope Wensley’s visit to Torres Shire from 14th to 20th May 2009.
The following issues were raised during the Council’s presentation to the Governor: • Climate Change – high tides • Native Title issues- future sub-division • High Costs of Living – freight/building/rental • Safe Public Transport • Horn Island Airport Development • Appropriate resources and funding for maintenance and replacement of infrastructures • Designated Indigenous Parliamentary seats • International Border Issues – health
Again ‘Big Esso!’ to the Torres Shire team.
Mayor advised the CEO to send a ‘Letter of Appreciation’ to all those involved.
Native Title Claim The National Native Title Tribunal Office has notified Torres Shire Council of the following three claims within the Shire’s jurisdiction dated 20th May 2009: • QC08/6 Kaurareg People #1 QUD266/08 (over waters number 1-3 reef north) • QC08/7 Kaurareg People #2 QUD267/08 (over waters of POW & TI to north of Cape York) • QC08/8 Gudang Yadhaykenu People QUD269/08 (over waters Mt. Adolphus & surrounding islands and cays)
Min. 09/05/2 Moved Cr. Abednego, Seconded Cr. Shibasaki “That Council register its interest to become a party to the following claims, as determined from past Sea Claims forums and consultations, and register before the closing date of 19th August 2009: • QC08/6 Kaurareg People #1 QUD266/08 (over waters number 1-3 reef north) • QC08/7 Kaurareg People #2 QUD267/08 (over waters of POW & TI to north of Cape York) • QC08/8 Gudang Yadhaykenu People QUD269/08 (over waters Mt. Adolphus & surrounding islands and cays) ” Carried Movement of Cape & Torres Communities into the Kennedy Electorate Ms Anne Bright, State Manager Australian Electorate Commission invited comments and submission on the suggestion that Cape York (includes all areas north of Port Douglas) and the Torres Strait be removed from the Division of Leichhardt and moved to the electoral Division of Kennedy.
This involves quota of the number of people enrolled to vote in the electorate, which will continue to grow in population hence some redistribution has to take place. It is important to seize this opportunity to resurrect the debate for our own electorate boundary which would be beneficial to our population.
COUNCI MINUTES ORDINARY MEETING 19 MAY 2009 2 MAYOR'S REPORT (cont’d)
Telstra Optic Fibre Checks Optic Fibre checks will be carried out by Telstra technicians via a low-level helicopter on 18th May from Cairns, Mareeba, Musgrave, Pormpuraaw, Coen, Weipa, Bamaga & Horn Island, tracking south to Cooktown & returning Cairns 23rd May 2009. Survey information has been forwarded to Mr. Milton Savage, Chair Kaurareg PBC and Office Manager of Hammond Island.
Min. 09/05/3 Moved Cr. Shibasaki, Seconded Cr. Abednego “That the Mayor’s Report be received.” Carried
1. CHIEF EXECUTIVE OFFICER
REPORT
Common Seal Use Min. 09/05/4 Moved Cr. Bin Tahal, Seconded Cr. Ketchell “That Council approve the use of the Official Seal by the Mayor and the Chief Executive Officer as itemised below: Date Seal Document Description Seal attached Seal attached attached by Mayor by Mayor & CEO 6/4/09 Dept Infrastructure - Funding Agreement - Mayor & CEO RLCIP $100,000 24/4/09 James Cook Uni Commonwealth Scholarship Mayor J C Day - T/S Islander identity Carried
Workplace Health & Safety Committee (File 1-602-3) Min. 09/05/5 Moved Cr. Stephen, Seconded Cr. Shibasaki “That the Minutes of the Workplace Health & Safety Committee Meetings held on 16 April 2009 be received and noted. Carried
Policies Review (File 1-19-7) Above item deferred to later in the meeting.
Torres Shire Local Disaster Management Committee (File 1-49-7) Min. 09/05/6 Moved Cr. Ketchell, Seconded Cr. Abednego “That Council receive and note the Minutes of the meeting of the Torres Shire Disaster Management Group held on 23 April 2009.” Carried
Resignation of Director Engineering Services - P Watton (File 1-606-7) Min. 09/05/7 Moved Cr. Stephen, Seconded Cr. Abednego “That Council accept the resignation of Director Engineering Services, Mr Peter Watton at the expiry of his contract at end of June, thank him for his services over the past year and endorse the CEO’s action in recruiting a replacement DES.” Carried
Mayor Stephen took this opportunity to thank Mr Watton for his professional services and wished him well for the future.
Adjournment: The meeting adjourned for Morning Tea at 10.24 am and re-commenced at 10.50 am without the presence of IT Officer, D. Benjamin who supervised the smooth conduct of this first electronic meeting.
COUNCI MINUTES ORDINARY MEETING 19 MAY 2009 3 2. CORPORATE SERVICES
REPORT
Finance and Audit Committee Minutes (File 1-318-009) Min. 09/05/8 Moved Cr. Abednego, Seconded Cr. Ketchell “That the Minutes of the Finance and Audit Committee Meeting held on 6 May 2009 be received and the following recommendations contained therein be endorsed: 1. That Council approve the Council’s structure indicated in the Organisational Chart to remain in its present form; 2. That Council adopt the new format for the Internal Audit Policy & Audit Committee Policy and the Borrowing Policy 3 That Council adopt the Asset Revaluation Fees of Australia Pacific Valuers for $33,407 and PDR Engineers for $17,648; 4 That Council put into non-capital reserves the amount of $131,247 at the end of 2008/09 financial year in anticipation of Demand for Payment which the Liquidator of Lip-Air Pty Ltd, trading as Aerotropics, might require.” Carried
Pensioner Remission 2008/9 - G See Kee, Rates Assessment 151-00000-00 (File 1-316-7) Min. 09/05/9 Moved Cr. Abednego, Seconded Cr. Ketchell “That Council approve Mr Gary See Kee of 23 John Street, Thursday Island to receive the Pensioner Remission on Rates in 2008/9.” Carried
3. ENGINEERING SERVICES
REPORT
Horn Island Airport – Proposed Runway Extensions (File 6-1-10) Min. 09/05/10 Moved Cr. Abednego, Seconded Cr. Ketchell “1. That Council advise QANTAS that the original concession agreement for the use of the Q400 between TSC & QANTAS remain as is. 2. That Council express its concern to QANTAS of the possible phasing out of the Q300. 3. That the Member of Leichhardt, Member of Cook and all other stakeholders be informed.” Carried
Min. 09/05/11 Moved Mayor Stephen, Seconded Cr. Shibasaki “That Council be presented at the July 2009 Council meeting with a comprehensive report on the comparison of the collection and charging fees at the Horn Island Airport.” Carried
LATE ITEM
Director Engineering Services
Tender TSC 003/09 Design, Supply and Deliver 1 Compactor Type Aside Loading Garbage Truck Min. 09/05/12 Moved Cr. Ketchell Seconded Cr. Shibasaki “That Council approve the purchase of 1 x Hino Compactus side loading garbage truck from Russ Equipment Pty Ltd, 192 Beatty Road, Archerfield, Queensland for the amount of two hundred and fifty nine thousand, four hundred and sixteen dollars and twenty cents ($259,416-20) plus GST.” Carried
COUNCI MINUTES ORDINARY MEETING 19 MAY 2009 4 4. PLANNING AND ENVIRONMENTAL SERVICES
REPORT
Appointment of Authorised Persons Min. 09/05/13 Moved Cr. Abednego, Seconded Cr Shibasaki “That pursuant to section 14(1) of Local Law No. 1 (Administration), Council resolve to appoint those persons named in Schedule 1 of the Instrument of Appointment as authorised persons under Local Law No. 3 (Keeping and Control of Animals). These powers must be exercised subject to any limitations contained in Schedule 3 of the Instrument of Appointment. All prior resolutions of appointment of the same powers are repealed." Carried LATE ITEM
Director Planning & Environmental Services
Delegation of Council Powers to Chief Executive Officer Min. 09/05/14 Moved Cr. Stephen, Seconded Cr. Shibasaki “That Council resolves: 1. To delegate the exercise of powers conferred to Council under the following Acts and Regulations of the instrument to the Chief Executive Officer, under Section 472 of the Local Government Act 1993: • Aboriginal Cultural Heritage Act 2003 • Acquisition of Land Act 1967 • Building Act 1975 • Building Units and Group Titles Act 1980 • Coastal Protection and Management Act 1995 • Environmental Protection (Waste Management) Regulation 2000 • Food Act 2006 • Integrated Planning Act 1997 • Water Supply (Safety and Reliability) Act 2008 • Land Act 1994 • Local Government Act 1993 • Plumbing and Drainage Act 2002 • Public Health Act 2005 • Standard Plumbing and Drainage Regulation 2003 • Transport Infrastructure Act 1994 • Transport Operations (Road Use Management) Act 1995 • Water Act 2000
2. To delegate the exercise of powers conferred to Council under the following Acts and Regulations to the Chief Executive Officer under Section 518(1)(b) of the Environmental Protection Act 1994 and Section 472 of the Local Government Act 1993, Environmental Protection Act 1994 • Environmental Protection (Waste Management) Policy 2000 • Environmental Protection (Water) Policy 1997 • Environmental Protection Regulation 2008
3. That these powers must be exercised subject to the limitations contained in Schedule 2 of the Instruments, and
4. All prior resolutions delegating the same powers are repealed.” Carried
COUNCI MINUTES ORDINARY MEETING 19 MAY 2009 5 1. CHIEF EXECUTIVE OFFICER
REPORT
Deferred Item
Policies Review (File 1-19-7) Min. 09/05/15 Moved Cr. Bin Tahal, Seconded Cr. Abednego “That Council approve and adopt the reviewed Policy Manual.” Carried
6 GENERAL BUSINESS
Cr. N. Bin Tahal Security Cameras, Non Smoking Signs at HI Sports Complex DPES advised location & recording cameras and non-smoking signs are in place. Querying if Council received information on Tender advertised in recent Courier Mail on Water Fluoridation Infrastructure in indigenous communities
Cr. B. Shibasaki Mentioned a verbal nomination from Mr R Laifoo for a 2010 Australia Day Award. Support for Papuans with Australian citizenship to obtain housing assistance. Planting of palm trees in cemetery CEO advised no progress as yet. Flu Pandemic Plan by Health Spoke on ant infestation
Cr. J. Abednego Query on constituents receiving Council information CEO advised availability of the Torres Flyer & TSC website Cr Bin Tahal advised her newsletter informs the POW & Horn Is constituents and will forward a copy to Cr. Abednego as a sample for his use.
Mayor Stephen Requested information on can-crushing & recycling items(as previously carried out by Council) Produced a Native Title Report 2008 - feedback survey form for those interested. Advised Seagrass Watching Programme from 31 May-5 June 2009 Opening Night 19 June 2009 - Gab Titui Indigenous Art Award 2009 UMI Arts Markets launch on 26 June at Cairns Esplanade Information on Indigenous Leadership Program Training Project Proposal submitted to T/S Island Local Authorities to provide Health Services Aboriginal & Torres Strait Defence Programme funding to be followed up.
DATE OF NEXT MEETING: 16 June 2009
CLOSURE: The meeting closed with a prayer by Cr Shibasaki at 12.55pm.
Confirmed this DI à{ day of ]âÇx ECCL
MAYOR
COUNCI MINUTES ORDINARY MEETING 19 MAY 2009 6