MINUTES OF THE ORDINARY MEETING OF THE TORRES SHIRE COUNCIL HELD IN THE COUNCIL CHAMBERS, DOUGLAS STREET, THURSDAY ISLAND ON FRIDAY, 23 SEPTEMBER 2011

PRESENT Mayor Cr. P. Stephen (Chair), Cr. N. Bin Tahal, Cr. B. Shibasaki, Cr. A. Ketchell, Mr. P. Mills (Chief Executive Officer) and Ms. L. Perry (Minute Secretary)

The meeting opened with a prayer by Mayor Stephen at 9:10a.m.

ACKNOWLEDGEMENT

The Mayor acknowledged the traditional owners The Kaurareg People upon whose land we hold our Local Government meeting.

CONDOLENCES: As a mark of respect, Council observed a minute’s silence in memory of:

Mrs Daisy Laifoo, Mrs Annie Savage, Mrs Vrances Phinimore and Reverend Archie MacNicol

APOLOGY: An apology was received from Cr. Abednego for not attending this meeting.

Min. 11/09/1 Moved Cr. N. Bin Tahal, Seconded Cr. A. Ketchell “That Council accept the apology received from Cr. Abednego for his absence at this meeting.” Carried

DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT Nil

CONFIRMATION OF MINUTES

Min. 11/09/2 Moved Cr. B. Shibasaki, Seconded Cr. A. Ketchell “That Council receive the Minutes of the Ordinary Meeting of 16 August 2011 and confirm as a true and correct record of the proceedings.” Carried

BUSINESS ARISING FROM PREVIOUS MINUTES

Mayor Cr. P. Stephen.....Abandoned vehicles in the Shire (particularly Frangipani Lane) should be removed Cr. B. Shibasaki ...... Abandoned containers on Douglas Street & Chester Street should be removed Cr. A. Ketchell ...... Develop a Policy/ Lease for containers using Council property/footpath space Cr. B. Shibasaki ...... Action required regarding the rubbish in front of residence of the Manager, Island Rooster in John Street.

Presentation: The Chair or representative of TSIREC did not attend at the time allocated for their presentation.

COUNCIL MINUTES ORDINARY MEETING 23 SEPTEMBER 2011 1 MAYOR’S REPORT

Constitutional Recognition of Aboriginal and Torres Strait Islander peoples The Australian Government has commenced a public consultation process across the country, to promote the inclusion of Aboriginal and Torres Strait Islander peoples in the Australian Constitution. An Expert Panel convened by the Commonwealth Government, is facilitating public meetings, individual consultations and meeting with key indigenous stakeholders and organizations to seek their views.

The Panel will submit its report to the Prime Minister in December 2011, drawing on the results of these consultations, surveys and expert advice on options to change the Constitution which will be put to the Australian people at a referendum. Submissions close on 30 September 2011 and responses arising from the consultation are expected from the government by mid March 2012.

I attended the Panel’s consultation meeting with Council’s Chief Executive Officer, Phillip Mills, at Thursday Island on Monday 19th September 2011. I am involved in preparing a Constitutional Recognition response on behalf of the Aboriginal and Torres Strait Islander Advisory Council. It is important that council considers a response from our constituents to ensure that our region’s opinions are raised.

Queensland Country Cabinet Seating on Thursday Island 28th -29th Sept, 2011 This Parliamentary Seating has enabled our constituents and stakeholders the opportunity to table local issues and concerns to appropriate Ministers in relevant portfolios. I am aware other Councillors attended deputations on behalf of their respective community organizations. I attended the following deputations and noted that these matters were raised in the 2005 Country Cabinet:

• Greater Autonomy – Premier, , and Minister for Local Government, , MP • Housing (Home Ownership) – Minister for Housing, Karen Struthers, MP • Cultural Village – Minister for Department of Natural Resource Management and Arts, Rachel Nolan, MP • Transport including airport and freight subsidy – Minister for Transport, , MP • Prince of Wales safe access – Premier, Anna Bligh • Local Government matters – Minister for Aboriginal and Torres Strait Islander Partnership, Curtis Pitt, MP

I attended the breakfast meeting hosted by the Premier and Deputy Premier to discuss the community submission on Greater Autonomy. The Premier gave her support to establish an ‘Implementation Committee’ with the support of the Commonwealth Government to progress Greater Committee for Torres Strait.

Councillors may wish to add further comments from their deputations.

Greater Autonomy Deputation with Prime Minister Greater Autonomy has been a recurring issue within our region since 1937 with many reviews and reforms which still lack a regional voice. There still remains uncertainty amongst both the communities and government regarding a model of regional governance. Council should lead the progression of this issue to bring a final resolution for our people.

COUNCIL MINUTES ORDINARY MEETING 23 SEPTEMBER 2011 2 MAYOR’S REPORT (cont’d)

Greater Autonomy Deputation with Prime Minister (cont’d) In a meeting with officers of the Prime Minister and Minister Crean in Canberra on 15th September 2011, I sought commitment from the Commonwealth Government towards a Bi-Lateral agreement with the Queensland Government in advancing Torres Strait movement towards Great Autonomy.

I propose an establishment of a secretariat under the bi-lateral agreement as a mechanism to collate information and consultation that will determine the nature of the agreement and its implementation.

I also offer the Torres Shire Council as a Local Government jurisdiction established in 1903 as a Town Council with impeccable history and good governance and public accountability to auspice the work in conjunction with State and Commonwealth Governments on behalf of the Torres Strait People.

Min. 11/09/3 Moved Cr. A. Ketchell, Seconded Cr. B. Shibasaki “That Council supports the action of the Mayor to lobby and secure assistance and partnership from State and Commonwealth Governments in progressing Greater Autonomy for Torres Strait.” Carried

Official Opening of Cook Esplanade 1st September 2011 I acknowledge the commitment and dedication of past TRAWQ employees who continued with CEA to complete the recreation park at Cook Esplanade. This project has complemented the shire’s beautification program.

Min. 11/09/4 Moved Cr. N. Bin Tahal, Seconded Cr. B. Shibasaki “That Council work in partnership with community organisations and funding agencies to continue the recreation project throughout the Shire especially the esplanades.” Carried

2011 Garden Competition Acknowledge the assistance and support of Executive and staff in promoting this healthy initiative throughout our shire. I would encourage greater involvement from government agencies and private businesses to participate in this annual competition.

Official Opening ‘Bipotiam Exhibition – Stories of the Torres Strait’ I am humbled by the nomination of the Gab Titui Cultural Centre to represent our region by officially launch the ‘Bipotaim Exhibition’ at the National Museum in Canberra on Thursday 15th September 2011. ‘Bipotaim’ explores stories from the Torres Strait and the way of life that is disappearing, or in some cases has already vanished.

The collection of photographs and objects tell stories about lives, identity and culture of Torres Strait Islanders and how things have changed. I emphasized the strength of our culture are based upon our sovereignty, our structure and our survival to sustain our future generations to cope with change.

I wish to acknowledge the support of the Gab Titui Cultural Centre and the National Museum in Canberra in promoting our unique Ilan Culture.

Min. 11/09/5 Moved Cr. B. Shibasaki, Seconded Cr. A. Ketchell “That Council receive and endorse the Mayor’s Report.” Carried

Adjournment: The Meeting adjourned for Morning Tea at 10.15am and resumed at 10.30am with all present.

COUNCIL MINUTES ORDINARY MEETING 23 SEPTEMBER 2011 3 CHIEF EXECUTIVE OFFICER

REPORT

Common Seal Use Min. 11/09/6 Moved Cr. A. Ketchell, Seconded Cr. B. Shibasaki “That Council approve the use of the Official Seal by the Mayor and CEO as itemised below:

Date Document Description Signature attached 17/8/11 Torres Strait ID – Saimo Gela Mayor 18/8/11 TSRA Variation of Agreement Ngurupai Sports Mayor/CEO Complex – Mural $14,000 18/8/11 Surveillance Aust. – Lease Lot 1 RP748024 Mayor/CEO 6/9/11 Torres Strait ID – Caroline Jaculine Regeling Mayor 6/9/11 Torres Strait ID – Rikki Ann Regeling Mayor 6/9/11 Torres Strait ID – Keirynn Xavier Regeling Mayor 6/9/11 Torres Strait ID – Jacqui Elizabeth Regeling Mayor” Carried

Review of the Financial Sustainability of Remote Councils Min. 11/09/7 Moved Cr. A. Ketchell , Seconded Cr. B. Shibasaki “Council approved the CEO to attend the hearing and provide witness and speak to the submission.” Carried

Indigenous Managers Committee Min. 11/09/8 Moved Cr. B. Shibasaki, Seconded Cr. A. Ketchell “The Council Approve the CEO to establish the sub-committee under the 2009 Local Government Act to assist Councilors with advice on their Portfolio Responsibilities.” Carried

CEO Contract Min. 11/09/9 Moved Cr. A. Ketchell, Seconded Cr. B. Shibasaki “The Council delegate the Mayor to approve the CEO Professional Development and Consultancy.” Carried

Min. 11/09/10 Moved Mayor Stephen, Seconded Cr. B Shibasaki “That Council receive and endorse the Chief Executive Officer’s Report.” Carried

CORPORATE SERVICES

REPORT

In the absence of the Director of Corporate Services, the CEO presented this report

Stale Unpresented Cheques Min. 11/09/11 Moved Cr. A. Ketchell, Seconded Mayor Stephen “That Council approve the write off of the above stale cheques and re-issue payments if and when required.” Carried

COUNCIL MINUTES ORDINARY MEETING 23 SEPTEMBER 2011 4 CORPORATE SERVICES

REPORT (cont’d)

Airport Head tax receipts to be transferred to QTC Airport Cash Fund Account Min. 11/09/12 Moved Cr. N. Bin Tahal, Seconded Cr. A. Ketchell “That Council approve the transfer of $318,186 from the QTC Cash Fund to QTC Airport Cash Fund to finance the $1M Airport Runway Upgrade loan borrowing as per loan agreement and to cash back the Airport Reserves.” Carried

Repayment of Quarry Crushing Plant Min. 11/09/13 Moved Cr. N. Bin Tahal, Seconded Cr. B. Shibasaki “That Council approve the transfer of $144,430 from the Quarry operating surplus to QTC Quarry/Landfill Remediation Fund.” Carried

Landfill and Quarry Remediation Fund Min. 11/09/14 Moved Mayor Stephen, Seconded Cr. B. Shibasaki “That Council (1) note the shortfall of $357,022.11 in the Remediation Fund and (2) approve the transfer of funds from Operating to Remediation Fund when levels of cash flows are determined after the 30 September, 2011” Carried

Min. 11/09/15 Moved Mayor Stephen, Seconded Cr. A. Ketchell “That Council receive and endorse the Director Corporate Services Report.” Carried

ENGINEERING SERVICES

REPORT

In the absence of the Director of Engineering Services, the CEO presented this report

The following items were brought to the attention for the Engineering Section:

Mayor Stephen Comparison of a patch up job and a proper job done on drains.

Cr. Bin Tahal Horn Island Parks & Gardens staff presently under Airport Manager, should be under the Works Overseer.

Mayor Stephen Parks & Gardens Staff should undertake on-site training

Security Screening - Horn Island Airport (File Tender 05/11) Min. 11/09/16 Moved Cr. N. Bin Tahal, Seconded Cr. B. Shibasaki “That Council award a contract for the supply of security screening equipment to Smiths Detection for the amount of $650,000.00” Carried

Min. 11/09/17 Moved Cr. N. Bin Tahal, Seconded Mayor Stephen “That Council receive and endorse the Director of Engineering Services Report.”

COUNCIL MINUTES ORDINARY MEETING 23 SEPTEMBER 2011 5 PLANNING AND ENVIRONMENTAL SERVICES

REPORT

Request for Negotiated Decision Notice – 73 Airport Road, Horn Island (File No IDAS 11/02) Min. 11/09/18 Moved Cr. N. Bin Tahal, Seconded Cr. B. Shibasaki “That the applicant be advised that: 1. Council is prepared to vary condition 29 to read as follows: The applicant/owner must provide a refuse bin enclosure in suitably screened, imperviously paved area large enough for storage of refuse and recycling containers. The screening is to be of sufficient height (including a gate) to prevent access to the enclosure by dogs. An external cold-water tap is to be provided for the facility,

2. Council considers that condition 32 has been properly applied in accordance with its policy made under the Integrated Planning Act and in conformance with section 847 of the Sustainable Planning Act 2009. Further the Council is not prepared to reduce the quantum of the contributions.” Carried

Min. 11/09/19 Moved Cr. N. Bin Tahal, Seconded Mayor Stephen “That Council receive and endorse the Director of Planning and Environmental Report.” Carried

IN COMMITTEE

Lip-Air Pty Limited trading as Aerotropics (File 1-365-10)

Min. 11/02/20 Moved Mayor Stephen, Seconded Cr. B. Shibasaki “That Council go in committee” Carried

Min. 11/02/21 Moved Mayor Stephen, Seconded Cr. N. Bin Tahal “That Council come out of Committee.” Carried

Lip-Air Pty Limited trading as Aerotropics (File 1-365-10) Min. 11/02/22 Moved Cr. N. Bin Tahal, Seconded Cr. A. Ketchell “That Council accept the settlement payment of $60,000 to be made to Lip-Air Pty Limited, trading as Aero Tropics.” Carried

COUNCIL MINUTES ORDINARY MEETING 23 SEPTEMBER 2011 6 GENERAL BUSINESS

2011 - Dates of Meetings, Conferences, Events, etc for Councillors’ Attention September 30 Audit Committee Hearing Cairns October 3 – 6 115th LGAQ Annual Conference (Gold Coast Convention Centre) October 12 TS/NPA Health Partnership Forum October 23-30 Kushimoto Friend City Visit October Audit & Finance Committee Meeting October 18 Council Ordinary Meeting November 11 Opening of ANZAC Memorial Wall November Tourism Networking Function November 15 Council Ordinary Meeting December 3 Official Christmas Party December 13 Council Ordinary Meeting & Special Meeting (Aust Day)

Cr. Shibasaki y Suggested hardcopies of the discussion of the Country Cabinet including points from the Mayor’s report be kept on file. y Appreciated the article in the Torres News regarding the Council’s 2011/12 Budget including a note of appreciation to himself on his forthcoming retirement after a long tireless history of dedicated services to the Torres Shire Council.

Cr. Bin Tahal • To remind State Government that their funding commitment of $800,000.00 was made for three projects and not only one specific project. • Horn Island Childcare Land Project – finalise transfer of land Lease to Council before the next meeting.

Mayor Stephen y Confirmed a tourism operator drinking in public places. y Acknowledged the participants in this year’s Torres Shire Garden Competition and next year to encourage our local businesses.

DATE OF NEXT MEETING: 18 October 2011

CLOSURE: The meeting closed with a prayer by Mayor Stephen at 12.35pm

à{ Confirmed this DK of bvàÉuxÜ 2011

MAYOR

COUNCIL MINUTES ORDINARY MEETING 23 SEPTEMBER 2011 7