MINUTES OF THE ORDINARY MEETING OF THE TORRES SHIRE COUNCIL HELD IN THE SHIRE OFFICES, DOUGLAS STREET, ON TUESDAY, 18 NOVEMBER 2008

PRESENT Mayor Cr. N. P. Stephen (Chairman), Cr. N. Bin Tahal, Cr. A. Ketchell, Cr. I. Shibasaki, Mr. B. McCarthy (Chief Executive Officer), Mrs. D. Yorkston (Director Corporate Services), Mr. C. Johnstone, (Director Engineering Services) and Mrs. N. Ward Page (Minute Secretary).

Also present: Torres News (Journalist), Heidi Gibson

The meeting opened with a prayer by Cr. B. Shibasaki at 9.15am.

APOLOGIES Cr. J. Abednego and Mr P. Watton (Director Planning & Environment Services) Min. 08/11/01 Moved Cr. B. Shibasaki, Seconded Cr. N. Bin Tahal “That Council grant leave of absence to Cr. J. Abednego & Mr. P. Watton.” Carried

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

Mrs Rosina Ward, Mrs Maria Roselyn Mabo, Mrs R Solomon, Mrs Katie Sebasio and Ms Sania Kris

DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT…Nil

CONFIRMATION OF MINUTES

Min. 08/11/02 Moved Cr. A. Ketchell, Seconded Cr. B. Shibasaki “That Council receive the Minutes of the Ordinary Meeting of 21 October 2008 and confirm as a true and correct record of the proceedings.” Carried Min. 08/11/03 Moved Cr. N. Bin Tahal, Seconded Cr. A. Ketchell “That Council receive the Minutes of a Special Meeting of 13 November 2008 and confirm as a true and correct record of the proceedings.” Carried

BUSINESS ARISING FROM PREVIOUS MINUTES Amendment to Minutes of the Special Meeting on 13 November 2008 was opened at 2.10pm and not 9.20am.

MAYOR'S REPORT Tamwoy Hall/ Playgrounds (File 5-18-7) This has been a lengthy process which has continued to frustrate the community regarding their access to these facilities. The Department of Community, via the local Office of Aboriginal and Islander Partnership, has extended the Expression of Interest period of another two weeks. I had tabled council’s request with the Minister Liddy Nelson-Carr and Paul Fitzpatrick, Regional Director Office of ATSI Partnership, who both, ensured that community will have access to these facilities by the end of the year. Council representatives met with Mr. Fitzpatrick on 24th October 2008 as part of their consultation with interested parties for Expression of Interest. The Office of Aboriginal and Torres Strait Islander Partnership is liaising with the Liquidator, KPMG, Gerry Miers, to finalise community documents which will be held by the department as ‘Intellectual Property Rights’ of the community. The liquidator met with community members at the TI Bowls Club at 2pm, Friday 14th November 2008, to discuss outstanding employees’ payments and community debts.

______COUNCIL MINUTES ORDINARY MEETING 18 NOVEMBER 2008 1 MAYOR'S REPORT (cont’d)

Tamwoy Hall/ Playgrounds (File 5-18-7) (cont’d) Min. 08/11/04 Moved Cr. B. Shibasaki, Seconded Cr. N. Bin Tahal “That Council confirm government response and process to date with the Minister of Communities, Lindy Nelson-Carr and copied to Jason O’Brien MP.” Carried

Northern Australia Economic Development Forum (File 5-18-7) Deputy Mayor, Councillor Napcia Bin Tahal, and I attended the forum at 26th- 29th October 2008. Representatives from Torres/NPA Area Consultative Committee Inc. and Mayor Joseph Elu also attend the forum. I attended the State Parliamentary Sitting for the remainder of the days in Cairns. The Minister for Local Government, Warren Pitt, MP, tabled the Local Government Bill 2008. A copy of the Bill is available for councillors’ perusal. Additional matters regarding the Bill will be discussed in the Chief Executive Officer’s report. I visited two plant nurseries to explore the availability of appropriate mature trees for council’s tree planting day. For information.

Local Government Constitutional Summit (File 1-39-16) A special National General Assembly will be hosted by Australian Local Government Association (ALGA) in Melbourne, Victoria on the 8-11 December 2008. The recent announcement by Prime Minister, Kevin Rudd of the new Australian Council of Local Government will advance the recognition of Local Government by the Commonwealth. While it is decision of the Federal Government to hold a referendum for constitutional recognition we, as the grassroots elected representatives, must ensure that the recognition reflects our community vision and goals. Summit vouchers will be distributed for councillors’ information and comments. Constitutional Summit details can be access from the online registration - http://www.alga.asn.au/constitutionalrecognition/summit.php

Min. 08/11/05 Moved Cr. B. Shibasaki, Seconded Cr. A. Ketchell “That Council delegate the Mayor & CEO to discuss with other stakeholders of the region, TSRA & TSIRC & NPARC, in response as per the Integrated Service Delivery Process Plan.” Carried

Presentation: At 10.15am the Mayor welcomed Department of Corrective Services representatives - Julia Yorkston and Julie Grace to present the organisation’s Guidelines and Role of monitoring released offenders into our communities.

Adjournment: The meeting adjourned for Morning Tea at 10.35 a.m. and the Mayor extended an invitation to Ms Yorkston & Ms Grace to join Council at Morning Tea. The meeting resumed at 11.15 a.m. without the presence of DCS.

LGAQ Response – Local Government Bill (File 1-39-7) LGAQ President Councillor Paul Bell AM has extended an invitation on behalf of the executive to council’s representatives to join other councils in Brisbane on the 12th December 2008, to discuss a collective response and finalise the association’s response to the Local Government Bill. The venue will be at Virginia Palms International Hotel, Sandgate from 9.30am–3pm. Bookings and registration via LGAQ’s website (Key Events). Min. 08/11/06 Moved Cr. B. Shibasaki, Seconded Cr. A. Ketchell That Council delegate the Mayor & CEO to liaise with the stakeholders regarding the Local Government Association response to the Local Government Bills.” Carried

______COUNCIL MINUTES ORDINARY MEETING 18 NOVEMBER 2008 2 MAYOR'S REPORT (cont’d)

Elected Leaders Forum 6 & 7 November 2008 (File 1-1-4) I thank and acknowledge the participation of the Elected Representatives and the staff who were involved in the Community Consultation as part of the Regional Integrating Planning process. A joint press release on the forum was released on 12 November 2008. This process enables our region to move forward and lead in a positive and united direction especially in the present political and economic challenges. I was inspired by the participation of our young leaders and the vision which we collectively adopted, ‘Empowering our people, in our decision, in our culture, for our future’.

The ownership and uniqueness of this vision is proudly promoted in the region’s traditional languages:

Ngalpun Yangu Kaaba Woeydhay, A Ngalpun Muruygaw Mabaygal Kunakan Palayk, Bathayngaka – Kala Lagau Ya

Buaigiz Kelar Obaiswerare, Merbi Mir Apuge Mena Obakedi, Muige Merbi Areribi Tonarge, Ko Merbi Keub Kerkerem - Meriam Mir

Nagapan Moebaygal Thoepoeriwoeyamoeyn, Ngalpn Ya Kuduthoeraynu Igililmaypa, Sepa Setha Wara Goeygil Sey boey wagel – Kala Kawau Ya

The final plan will engage regional partnership, making sure that all levels of government work together to build a strong future for our region. Copies of forum report will be made available for each Councilor. For information.

Emergency Water Supply Requests were recently made from Prince of Wales residents for Council’s assistance in providing emergency water supply raises the importance for Council to explore and adopt an appropriate strategy which will allow our remote communities access to an emergency water supply during the dry season. This matter can be raised with other community stakeholders such as the Torres Strait Island Regional Council and Torres Strait Regional Authority to secure a partnership approach and address this issue at a regional basis.

Attendance: The DCS joined the meeting at 11.45am.

Min. 08/11/07 Moved Mayor Cr. N Stephen, Seconded Cr. B. Shibasaki “1 That Council adopt an Emergency Water Supply Strategy in partnership with Torres Strait Island Regional Council and Torres Strait Regional Authority. 2 That Council respond to a request tabled at the meeting received from Ms Amanda Pauling, a resident of POW, for the urgent supply of 7,000 litres of water to her family residence.” Carried

Remembrance Day Celebration The community gathered at the Anzac Memorial Park on Tuesday, 11th November 2008, to celebrate the Remembrance Day 90th Anniversary. I thank the Council staff and RSL members for their support in hosting this event. The organizers are planning this event as an annual cerebration, with the involvement of the Defence Forces. For information.

______COUNCIL MINUTES ORDINARY MEETING 18 NOVEMBER 2008 3 MAYOR'S REPORT (cont’d)

Other Functions/ Meeting • Year 6 Leadership – TI Tagai Primary Campus – 23/10/08 • Meeting with IBIS and Coca Cola representatives – 05/11/08 • Attended TI Community Health Management Committee – 07/11/08 • World Aids Day Family Night – 11/11/08 • TSC Disaster Management Group – 12/11/08 • Special Meeting – Waste Management Contract – 13/11/08

Min. 08/11/08 Moved Cr. N. Bin Tahal, Seconded Cr. A. Ketchell “That the Mayor’s Report be accepted.” Carried

1. CHIEF EXECUTIVE OFFICER

1.1. REPORT

Council Meetings (File 1-1-7) Due to the leave absence of the majority of Council’s management and administration staff during late December/ mid January period, full agenda reports and agenda production problems will again be an issue. Last year Council had no problems with a January Meeting not being held and the first meeting for the year being held on the third Tuesday of February.

Min. 08/11/09 Moved Cr. N. Bin Tahal, Seconded Cr A. Ketchell “That Council • Do not hold a January 2009 Ordinary Meeting, • Hold the first 2009 Ordinary Meeting on Tuesday, 17 February, and • A public notice of the above changes be provided in the Torres News and other appropriate media.” Carried

Wasaga Hall / Ngurupai Sports Complex Usage (Files 5-14-18, 5-41-6) Min. 08/11/10 Moved Mayor Cr. Stephen, Seconded Cr. A. Ketchell “1 That Council invite select tenderers for Expressions of Interests from all non-profit organisations of Horn Island for Wasaga Hall as is where is. 2 After the fencing is erected at the rear of the Ngurupai Sports Complex (NSC) building, require Horn Island Residents and Ratepayers Association (HIRRA) to move the After School Hours Program and other programs/activities to the NSC, 3 Identify with HIRRA, the NSC areas that are to be used for specific activities of the program (e.g. food preparation, painting, football etc.) 4 Negotiate with HIRRA, appropriate hire charges, similar to the HI Primary School hire, for their program/activities usage, and 5 If insufficient storage area at NSC, Council approve the siting of a new/near new equipment storage container in the vicinity of the NSC.” Carried

______COUNCIL MINUTES ORDINARY MEETING 18 NOVEMBER 2008 4 1. CHIEF EXECUTIVE OFFICER

1.1. REPORT (cont’d)

Annual Report 2007/2008 (File 1-13-1) Min. 08/11/11 Moved Mayor Cr. Stephen, Seconded Cr. B. Shibasaki “That provided the necessary section for the TSC Annual Financial Statements 2007/08 is received and endorsed by the Auditors, Council hold a Special Meeting on Wednesday, 26 November 2008 commencing 9.30am for the purpose of adopting the 2007/2008 Annual Report.” Carried

Christmas Shutdown (File 1-53-7) Min. 08/11/12 Moved Cr. B. Shibasaki, Seconded Cr. N. Bin Tahal “That Council approve the closure of the Council Office, Library and Technical Services with the exceptions of the Airport, Garbage Services, Waste Transfer Stations, Sports Complexes and Emergency On Call services between 25 December 2008 with reopening on 2 January 2009 and these arrangements be appropriately advertised in the local media.” Carried

Christmas Party (1-625-7) Min. 08/11/13 Moved Cr. N. Bin Tahal, Seconded Cr. B. Shibasaki “That Council approve the proposed Christmas Party arrangements.” Carried

Disaster Management Committee (File 1-49-7) Min. 08/11/14 Moved Cr. N. Bin Tahal, Seconded Cr. A. Ketchell “That Council receive and note the Minutes of the Torres Shire Disaster Management Committee Meeting held on 12 November 2008.” Carried

Staff Appointment - Director Engineering Services (File 1-606-7) Chris Johnstone terminates as A/Director of Engineering Services on 21 Nov 2008. Min. 08/11/15 Moved Cr. B. Shibasaki, Seconded Mayor Stephen “That Council appoint Peter Watton as Director Engineering Services for a term contract to 30 June 2009 and review an extension option beyond this date at least 6 weeks prior.” Carried

Staff Position - Manager Development and Operations Min. 08/11/16 Moved Mayor Stephen, Seconded Cr. N. Bin Tahal “That Council undertake to offer this position to potential existing staff members and offer relevant training and support to successful applicants. Carried

In Committee: Council resolved to close the meeting at 12.45pm to the public in accordance with S463 (1) (h) of the Local Government Act to consider issues relating Staff Matters.

Min. 08/11/17 Moved Mayor Stephen, Seconded Cr. A Ketchell “That Council go into closed Committee to discuss a confidential Staff Matter” Carried

______COUNCIL MINUTES ORDINARY MEETING 18 NOVEMBER 2008 5 1. CHIEF EXECUTIVE OFFICER

1.1. REPORT (cont’d)

Staff Appointment - Director of Planning and Environment Services (DPES) Min. 08/11/18 Moved Mayor Stephen, Seconded Cr. N. Bin Tahal “That Council 1 Appoint Leon Rodwell as Director Planning and Environment Services for a 6 months term contract, 1 January to 30 June 2009, and review an extension option beyond this date at least 6 weeks prior. 2 Fully explore the option of appointing local persons to Planning, Building and Civil Engineering cadetships. 3 Continue discussions with Torres Strait Island Regional Council and Northern Peninsula Area Regional Council on the possibility of sharing staff resources in appropriate areas.” Carried

Min. 08/11/19 Moved Cr. B Shibasaki, Seconded Cr. A. Ketchell “That the meeting be opened to the public at 1pm. Carried

New Appointment - Finance Manager Min. 08/11/20 Moved Cr. N. Bin Tahal, Seconded Cr. A. Ketchell “That Council appoint Marina Schaefer from Barcaldine Regional Council as Finance Manager commencing in early December 2008.” Carried

Adjournment: The meeting adjourned for lunch at 1.05pm and resumed at 2pm without the presence of Torres News journalist and DCS.

Council Meeting-Attendance of Press and the issue of Meeting Agendas (File 1-1-7) Min. 08/11/21 Moved Cr. B. Shibasaki, Seconded Cr. A. Ketchell “That Council welcome this initiative, approve the agenda issue and advise Torres News accordingly.” Carried

2009 Bank & Torres Strait Multicultural Show Holidays (File 1-68-1) Advice has been received from the Minister for Transport, Trade, Employment and Industrial Relations on the following appointments: • Wednesday, 3 June 2009 a holiday for the for the purpose of Mabo Day, • Wednesday, 1 Ju1y 2009 a holiday for the Shire of Torres for the purpose of the Coming of Light Celebration, • Friday, 18 September 2009 a holiday for the Shire of Torres for the purpose of the Torres Strait Cultural Show Holiday.

Note: Council awaits recommendation on the 2010 Show Day from the proposed Indigenous Festival Feasibility Study.

______COUNCIL MINUTES ORDINARY MEETING 18 NOVEMBER 2008 6 1. CHIEF EXECUTIVE OFFICER

1.1. REPORT

Australia Day Arrangements (File 1-68-12) Min. 08/11/22 Moved Cr. B. Shibasaki, Seconded Cr. A. Ketchell “(1) That Torres Shire Council conduct the Australia Day celebrations at the Torres Shire Complex on Monday, 26 January 2009 commencing at 10am and Councillors, Officers and interested community representatives be invited to attend a meeting on Monday, 8 December 2008 commencing at 9.00am for the purpose of determining the necessary arrangements. (2) That Council hold a Special Meeting on Monday, 8 December 2008 commencing at approx. 10.30am for the purpose of determining the 2009 Australia Day Award winners in order that they can be advised during the first week in January.” Carried

Common Seal Use Min. 08/11/23 Moved Cr. A. Ketchell, Seconded Cr. B. Shibasaki “That use of the Official Seal by the Mayor and the Chief Executive Officer as itemised below be authorised. Date Seal Document Description Seal attached by attached 11/11/08 Lease TI Child Care Centre Lot 8 on SP110290 Mayor & CEO” 1/1/08 to 31/12/2010 Carried

3. ENGINEERING SERVICES

3.1. REPORT

Horn Island Sewerage Project Declaration of Sewered Area (File 6-300-10) Min. 08/11/24 Moved Cr. N. Bin Tahal, Seconded Cr. A. Ketchell “1 That by resolution and in accordance with the Water Supply Act, Council declare the area identified in the plan of the Horn Island township as a service area for sewerage service. The area being as identified on attached drawing No. 0205_PHA01

2 That by resolution and in accordance with the Water Supply Act, Council declare that Torres Shire Council is the service provider for the service area.

3 That by resolution and in accordance with the Water Supply Act, Council advise residents that they have 12 months (ending November 18, 2009) to connect all sewage discharge into the Horn Island Sewerage Scheme.

Attendance: The DCS re- joined the meeting at 2.25pm

Sailor-Bowie Cres Road-works (File 2-71-01-8) Min. 08/11/25 Moved Cr. B. Shibasaki, Seconded Mayor Stephen “That Council accept the revised tender from Remote Area Civil Earthmoving (RACE) for the amount of $621,673.38 (excl GST) and that Council continue to source additional funding for the works as a matter of priority through the Member for Cook” Carried

______COUNCIL MINUTES ORDINARY MEETING 18 NOVEMBER 2008 7 3. ENGINEERING SERVICES

3.1. REPORT (cont’d)

Unapproved Beach Structures (File 3-20-1) Min. 08/11/26 Moved Cr. B. Shibasaki, Seconded Cr. A. Ketchell “That Council formulate a policy for ‘minor beach structures’ that will allow residents of the Torres Strait region to reasonably enjoy the amenity without inflicting substantial damage to the foreshore.” Carried

Hargrave Street Kerb & Channel (File 2-38-7) Min. 08/11/27 Moved Cr. B. Shibasaki, Seconded Cr. A. Ketchell “That Council implement the seal & kerb & channel works as per previous Council resolutions regarding the section of Douglas Street (between Pearl & Jardine Streets) and allocate funding from headworks contribution of $49,000 to install kerb and channelling to the southern side of Hargrave Street from No. 19 to No. 27 .” Carried

2. CORPORATE SERVICES

2.1 REPORT

Winds of Zenadth Cultural Festival Report 2008 (File 5-20-1) Min. 08/11/28 Moved Cr. N. Bin Tahal, Seconded Mayor Stephen “That Council accept the Winds of Zenadth Cultural Festival Report 2008” Carried

Department of Communities PAPA 2008 Report (File 1-30-10) Youth Support Co-ordinator (File 5-43-8) Child Care Training Strategy Coordinator (File 1-605-67) Min. 08/11/29 Moved Cr. N. Bin Tahal, Seconded Cr. B. Shibasaki “That Council note the tabled PAPA for the Youth Support Coordinator and Child Care Training Strategy Positions as conducted by the Department of Communities for the funded programs.” Carried

LATE ITEM

Child Care Training Strategy Interim Proposal (File ) Min. 08/11/30 Moved Mayor Stephen, Seconded A. Ketchell “1 That the CEO & DCS clarify with the Department of Communities the role of the C&K Co-ordinator, and 2 that the CEO undertake necessary recruitment arrangement if a suitable proposal is received.” Received

Australia Council for the Arts – Torres Strait Feasibility Study Grant Funding (File 1-358-83) Min. 08/11/31 Moved N. Bin Tahal, Seconded Cr. B. Shibasaki “That selective tendering be called for role of an Indigenous Co-ordinator position under the Australia Council for the Arts - Torres Strait Feasibility Study Grant Funding.” Carried

______COUNCIL MINUTES ORDINARY MEETING 18 NOVEMBER 2008 8 2. CORPORATE SERVICES

2.1 REPORT

LATE ITEMS

Lip-Air Pty Ltd (Administrator Appointed) formerly trading as AeroTropics (File ) Min. 08/11/32 Moved Cr. N. Bin Tahal, Seconded Cr. A. Ketchell “That Council note the tabled legal information provided by Miller Harris Lawyers in relation to the wind up of Lip-Air Pty Ltd formally trading as AeroTropics.” Carried

Financial Accounts 2007/2008 For information.

Queensland Treasury Loan - Upgrade (File ) Min. 08/11/33 Moved Cr. B. Shibasaki, Seconded Cr. A. Ketchell “That Council: (1) commence a loan application through Treasury Corporation to cover the shortfall of funding to complete the runway resealing/upgrade at the Horn island Airport funds to be sourced is to the value of approx. $500,000 plus, and

(2) follow up with the Ministers, TSRA, Federal & State Members to their commitments with financial guarantees and contributions towards the Horn Island Airport Upgrade.” Carried

DEFERRED FROM CHIEF EXECUTIVE REPORT

1.1.3 Work Place Consultative Committee (File 1-17-8) The Minutes of the Torres Shire Council Work Place Consultative Committee Meeting held on 12 November 2008 (Attachment 1.1.3) will be circulated at the meeting. Min. 08/11/

Deferred until December Ordinary Meeting

______COUNCIL MINUTES ORDINARY MEETING 18 NOVEMBER 2008 9 6 GENERAL BUSINESS

Mayor Stephen

1 Clarify road area Rosehill Road Reserve - construction driveways to Departmental housing. Response - A/DES will follow up.

2 Landscape & Horticulture courses for TSC Parks & Garden workforce. Response - A/DES will follow up with TAFE.

3 Clean-up Cook Esplanade around to Quarantine Wharf. Response - A/DES to action.

Cr. Bin Tahal

1 Letters on littering offences at Horn Island especially to , South Pacific Store and Wongai Hotel and suggested Littering Campaign to the communities Response - A/DES to follow up.

2 Drinking in Public Places in Torres Shire Response - A/DES to action.

3 Horn Island Airport - drainage Response - A/DES will deal with problem.

4 Traffic on Beaches - Horn Island Response: newly appointed DES to deal with problem.

Cr. Ketchell

1 Fencing of housing properties at Rosehill. Response - newly appointed DPES to action.

2 Inspection of Houses/Stores/Shops re health and safety issues and cleanliness. Response - newly appointed DPES to action.

3 Supervision of expiry dates of Food items in retail shops. Response - CEO will follow up.

Cr. Shibasaki 1 Restaurants & Eating Places in the community. Response from Mayor that this service of non supply should be directed to the attention of the Tourism Committee and a suggested Customer Service Award

2 TSC to utilise the LGAQ forum .

3 Resurrect the discussion on the Roll-on Roll-off Ferry Service between the inner islands as a joint venture.

______COUNCIL MINUTES ORDINARY MEETING 18 NOVEMBER 2008 10 6 GENERAL BUSINESS (cont’d)

Cr. Shibasaki

4 TSC submission to the Prime Minister on the $300M Infrastructure Package.

5 Footpath - Douglas Street clean-up.

6 TSC letter/Appreciation Certificate to Queensland Country Expo participants .

Chief Executive Officer

1 Tourism Travel Agent Luncheon TSC representatives to attend - Grand (26 Nov) Gab Titui (3 Dec) Jardine (5 Dec)

2 TSC Beaches - Signage

NEXT ORDINARY MEETING: 16 December 2008

CLOSURE: The meeting closed with a prayer at 5.50pm

à{ Confirmed this … DI . day of WxvxÅuxÜ ECCK

MAYOR

______COUNCIL MINUTES ORDINARY MEETING 18 NOVEMBER 2008 11