MINUTES OF THE ORDINARY MEETING OF THE TORRES SHIRE COUNCIL HELD IN COUNCIL CHAMBERS ON , TUESDAY, 18 FEBRUARY 2020 ______

PRESENT Mayor Vonda Malone (Chair), Cr. Yen Loban (Deputy Mayor), Cr. Gabriel Bani, Cr. Thomas Loban, Cr. John Abednego, Dalassa Yorkston (Chief Executive Officer), Maxwell Duncan (Director Governance and Planning Services), Edward Kulpa (Acting-Director Engineering and Infrastructure Services), and Ethel Mosby (Executive Assistant)

The meeting opened with a prayer by Cr. Bani at 09:03am.

ACKNOWLEDGEMENT

Mayor Malone acknowledged the traditional owners the people and all island elders past, present and emerging.

CONDOLENCES a minute of silence was held for:

Mr Brian Millet Mr George Bin Juda (Snr)

Mayor Malone, on behalf of Council, extended deepest condolences to the families of the loved ones who have passed.

DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT

Cr. Abednego – In Committee - Affordable Sale of Scial Housing Properties in the Torres Shire Cr Bani – In Committee - Affordable Sale of Scial Housing Properties in the Torres Shire

CONFIRMATION OF MINUTES

Min. 20/02/1 Moved Cr. Loban, Seconded Cr. Abednego “That Council receive the Minutes of the Ordinary Meeting 28 January 2020 and confirm as a true and correct records of the proceedings.” Carried

BUSINESS ARISING AND MATTERS FOR ACTION FROM PREVIOUS MEETING

CEO referred to the ‘Matters for Action following a Council Meeting’ document provided to Councillors with updated information on the 28 January 2020 Council Meeting.

MAYOR’S REPORT

Acknowledgement to the traditional owners of Kaiwalagal and of the Torres Strait & elders past and present. To provide an update on representations undertaken by Mayor Vonda Malone for the period 28 January – 17 February 2020.

Technical Working Group Meeting – 5 February 2020, Cairns At the joint Technical Working Group (TWG) of Torres Strait Island Regional Council (TSIRC) and Torres Shire Council (TSC) updates were provided by stakeholder agencies on various future capital works scheduled throughout the region: • Thursday Island Community Centre – A multi-purpose facility to be constructed at 156 Douglas Street. The facility will provide family and community services with a focus on young people. Matters in progress is the finalisation of Indigenous Opportunity and Employment Plan (IEOP) by TSC. Construction is planned for late January 2020 with an anticipated completion date of September 2020.

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 1

MAYOR’S REPORT

• Saibai Community Security and Safety Facility update. • Whole of Government Integrated Capital Works and Infrastructure Program – A strategic approach to capital works projects to enable effective monitoring and improved economic opportunities for Indigenous peoples. Currently the total indicative planned investment into the region is $244.6m with TSC investment at $63.8m. • QBuild update on Capital Works. • Torres and Cape Hospital and Health Services (TCHHS) Capital Works & Planning - The Thursday Island Hospital and Thursday Island Primary Health Care Centre upgrades are likely to commence in late October/early November 2020 with expected completion date of the health centre in November 2021 and the hospital in April 2020. • Department of Transport and Main Roads – TSC tabled the response from Minister Mark Baily MP on TSC’s request for the gazettal of the Airport to Wharf Road as a state-controlled road. TSC will work with DTMR to further pursue funding support under the Aboriginal and Torres Strait Islander Transport Infrastructure Development Scheme (TIDS). • Employment and Training Update – There is a requirement for continuous updating of respective council’s community capacity statements to incorporate newly established local Indigenous businesses.

TSC also raised water security as an issue critical to future works and the strain placed on local government in the provision of essential local government services. It was noted the importance of factoring this in tandem with TSC Town Planning Scheme. It was also highlighted that an essential component to any development is the inclusion of fees and/or ex gratia payments as a means to support the sustainability of councils. An example was given on the Education Qld staff accommodation, project and to use this as a test case moving forward to initiate measures to more effectively work with Council on any new major developments in the Shire.

Torres and Cape Indigenous Council’s Alliance (TCICA) – 5 February 2020, Cairns - The Torres Cape Indigenous Council Alliance (TCICA) Inc held its first meeting for 2020 on Wednesday 5 February. Leaders from across the Torres Strait, Cape York and Gulf regions met in Cairns to discuss key priorities for the TCICA and initiatives to deliver better social, cultural, economic and environmental outcomes for all communities in the region.

Indigenous housing - TCICA Members discussed the Commonwealth’s commitment of $105 million towards remote Indigenous housing in preparation for the State and Commonwealth Government facilitated housing meeting on 6 February. It was agreed that determining a fair and equitable methodology for the distribution of funds is critical, as is understanding the timeline for the rollout of this funding. Whilst the funding is welcome, Mayors acknowledged that it will not end the need for significantly more investment into new housing. Beyond this commitment, TCICA will continue to advocate strongly for a long-term commitment to ensure that longstanding housing shortages can finally be overcome.

Service delivery - Members discussed what appears to be a reduction in the level of services such as mental health, social support, and health in communities. Service levels must be increased to better support people who are homeless, or currently displaced as a result of unrest in Aurukun. TCICA will write to housing minister Mick de Brenni and health minister Steven Miles to raise these issues and ensure the appropriate level of support is being delivered, particularly in the communities currently home to Aurukun’s displaced residents.

Regional Roads and Transport Group - In November 2019, Members participated in a workshop to discuss the potential formation of a TCICA Regional Roads and Transport Group (RRTG) to manage the allocation of Aboriginal and Torres Strait Islander Transport Infrastructure Development Scheme funds.

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 2

MAYOR’S REPORT

Following the workshop, a paper on the pros and cons of establishing a new RRTG and participating in an RRTG was provided to Members for consideration by individual councils during their December or January meetings. Members discussed their individual positions following their councils’ deliberation and collectively agreed not to proceed with the formation of an RRTG at this stage. Whilst this is TCICA’s current position, Members agreed that the matter should remain in focus and be reconsidered at another time.

TCICA 2020 Strategic Plan - A 2020 Strategic Plan was presented to Members for discussion and endorsement. The Strategic Plan is intended to provide a clear direction for TCICA throughout 2020 and ensure that the Executive Officer is accountable to a set of agreed deliverables. It outlines the activities that TCICA will carry out in order to achieve each of the 13 objectives set out in the TCICA Charter.

Each objective is aligned to one of four overarching themes in the Strategic Plan: • Collaboration and Cooperation. • Advocacy and Engagement. • Regional Growth and Economic Development. • A Strong and Sustainable TCICA.

Key activities for the TCICA during 2020 include: • developing regional policy positions and a strategic priorities plan; • exploring opportunities to establish a TCICA Regional Waste Management Group and an Economic Development Group; • implementation of a proactive media management and community engagement strategy; • advocacy visits to Brisbane and Canberra; and • prioritising and implementing recommendations, strategies and actions identified in the Cape, Torres and Gulf Opportunities Plan.

Cape, Torres and Gulf Opportunities Plan - Members discussed and endorsed the final Cape, Torres and Gulf Opportunities Plan, whilst acknowledging that it is a living document and is subject to ongoing revision as opportunities arise and new priorities emerge.The Opportunities Plan sets out a long-term vision for the sustainable economic, social and cultural development of the TCICA region. It focusses on five overarching regional development objectives in order to achieve this growth. These are: • To be renowned for experiential tourism. • To be known as an Australian leader in the curation and promotion of Aboriginal and Torres Strait Islander art and culture. • To be recognised as a ‘resilient region’. • To be a leader in grass-roots education, learning from Aboriginal and Torres Strait Islander people. • To be the place of choice for environmental studies, research and management.

The Opportunities Plan is intended to guide public and private sector investment in the region and can form a basis for discussion on a regional deal or similar tripartite-type agreement with the and Australian Governments. The Opportunities Plan can also underpin TCICA’s advocacy to the Queensland Government in the lead up to the State Election in October, and ongoing advocacy with the Commonwealth, providing a base case for investment in the region.

The Opportunities Plan is not intended to replace efforts already underway in the region. It recognises that there are a range of existing economic strategies, plans and programs at the community and sub-regional level; therefore, it seeks to leverage these activities and identify region- wide projects and initiatives that address common challenges and opportunities.

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 3

MAYOR’S REPORT

The five RDOs outlined above are underpinned by a number of transformational strategies (TS) and supporting projects and initiatives. The projects and initiatives range from immediate or short term ‘quick wins’ to projects that will require a commitment to action over a much longer term, up to 10 years. Members also endorsed the implementation of six ‘quick wins’ during 2020 due to their existing alignment with TCICA priorities. These are: • Obtaining funding for a tourism development strategy and action plan which leverages State and Commonwealth commitments to Indigenous tourism and regional tourism planning. • Establishing a baseline of all events happening in the region and collating all event information into one easy to find location to help stimulate events-based tourism activity. • Investigating locations for potential food production hubs and exploring innovate food production methods, such as aquaculture ponds and cyclone proof greenhouses using renewable energy and recycled water. • Forming a clean energy taskforce to explore regional transition to renewable energy. • Establishing a regional resilience framework to manage the impacts of climate change, costs of living, infrastructure investment, etc. • Undertaking a mobile coverage assessment and/or digital infrastructure gap analysis to address priority blackspots and the digital divide.

Remote Area Board Project Concept - TCICA Members endorsed a project concept for the next round of the Remote Area Board (RAB) program aimed at implementing the Cape, Torres and Gulf Opportunities Plan. The RAB program is funded by the Department of State Development, Manufacturing, Infrastructure and Planning. If successful, the project will see the employment of a project officer for a fixed period to develop a full implementation plan that incorporates key actions, milestones and responsibilities associated with the delivery of the plan, including the prioritisation of projects and initiatives agreed to by TCICA. The project will also commence implementation of the strategies and actions.

Proposed Local Government Reforms – Informal Meetings - Members discussed proposed regulatory reforms dealing with informal meetings of councils. Many members raised concerns about the amendments and the impracticalities of implementing the reforms. As such, TCICA resolved to write to the Minister for Local Government Stirling Hinchliffe objecting to the need for additional regulation relating to informal meetings.

TCICA Achievements - The February 2020 meeting was the last meeting for the current term of councils. In reaching this point it is important to highlight the value of TCICA to councils and thank all councils for their leadership and collaboration over the years. Here is an outline of the achievements: TCICA Members focussed on areas of strategic importance throughout 2019 and into 2020, achieving many positive outcomes including a commitment by the Commonwealth to release much needed housing funds in partnership with the State.Just some of the activities of TCICA during 2019 included: Four two-day TCICA meetings in Cairns, plus an Annual General Meeting, with focussed and ongoing discussion on major issues such as Indigenous housing, the Local Thriving Communities initiative, ‘Belcarra’ legislation, disaster recovery, infrastructure and roads funding including the Cape York Regional Package, the expiry of key provisions in the Native Title Act, climate change, and health and hospital services in the region. Producing a Federal Election Priorities document in the lead up to the May federal election to underpin advocacy efforts.

TCICA’s first coordinated advocacy visit to Canberra in November to meet with a range of senior Government ministers including Ministers Wyatt, Coulton, Fletcher, and Canavan, and key shadow ministers, resulting in a number of commitments including the release of $105 million in funding for new Indigenous housing.

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 4

MAYOR’S REPORT

The coordination of an Indigenous Local Government Disaster Resilience and Recovery Planning Forum, funded under the Queensland Disaster Resilience Fund. The development of a Cape, Torres and Gulf Opportunities Plan, funded by the Department of State Development, Manufacturing, Infrastructure and Planning (DSDMIP). The Opportunities Plan sets out a long term vision for sustainable growth and focusses on five overarching regional development objectives. The plan forms a basis for discussion on a regional deal or similar tripartite- type agreement that commits all levels of government to an agreed pathway for economic and social development, balanced alongside the need to protect our outstanding cultural and environmental assets. Participation in public inquiries such as the Inquiry into a sustainable Queensland intrastate shipping industry, Inquiry into the Opportunities and Challenges of the Engagement of Traditional Owners in the Economic Development of Northern Australia, and Inquiry into the effectiveness of the Australian Government’s Northern Australia agenda. Submissions on the Local Fare Scheme and Regional Transport Plans, resulting in a further commitment of two years to the Local Fare Scheme, and actions to develop a regional freight plan and investigate freight and passenger transport options to help address the cost of living, and improve access to basic goods and services for the more remote parts of the region.TCICA has played a key role in identifying key issues impacting our region that we can and should influence, as well as facilitating the sharing of resources and information, and building effective partnerships with state and federal ministers, Members of Parliament and government agencies. TCICA Achievements - We have become a real force for change; we know that our strength is in collaboration and that by working together we will achieve greater outcomes for our region.

Remote Indigenous Housing Meeting – 6 February 2020 - The Remote Indigenous Housing workshop facilitated by both State and Federal Government took place on 6 February in Cairns. Mayors from across the 17 communities were able to come together to agree on a fair and equitable methodology to distribute the Federal Government’s $105 million, assigned for remote Indigenous housing. As part of the process councils were provided with options, for consideration, for the funds distribution based on three key elements including population (2016 Census data), construction cost, overcrowding and homelessness.

There was much discussion and questions on the reliability of the 2016 census data and whether this was a true indication of population and need. After much deliberation it was agreed that there was a requirement to revise the weighting of each category to reach equity: 1. Population 60% 2. Overcrowding 30% 3. Homelessness 10% On that basis councils came to a collective position to accept the revised allocation with the following motions agreed to:

1. Noted the funding allocation methodology proposed by Queensland Department of Housing and Public Works (DHPW) and the National Indigenous Australians Agency (NIAA). 2. Agreed that the methodology balances the need for equitable distribution of funds through relative population shares, the need for funding allocation to address overcrowding and homelessness and the need for funding allocation to reflect differences in the cost of construction between Local Council areas. 3. Agreed that the methodology be used to distribute funding among 17 Aboriginal and Torres Strait Islander Local Council areas based on the following weightings:

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 5

MAYOR’S REPORT a. population (60%) using population bands, b. overcrowding (30%) c. homelessness (10%), and d. Build cost index. 4. Noted limitations in data collected by the 2016 Census (Australian Bureau of Statistics), in relation to the populations of remote and discrete communities, and the DHPW, in relation to dwelling utilisation. 5. Agreed that the Torres Cape Indigenous Council Alliance (TCICA) will write on behalf of all Councils to the Queensland and Australian Governments requesting support to improve the collection and quality of data about remote and discrete Aboriginal and Torres Strait Islander communities. 6. Agreed to prioritise advocacy for ongoing Australian Government funding for remote housing. 7. Noted concerns among remote and discrete communities about the need for greater transparency from the Queensland Government about State Budget allocations to housing services in remote and discrete communities. 8. Noted that the DHPW will call for nominations for the Mayors’ Working Group following the March 2020 Local Councils Elections. 9. Agreed that the Torres Cape Indigenous Council Alliance will communicate meeting outcomes to the Queensland Minister for Housing and Public Works on behalf of all Councils.

Councils were also encouraged to continue to work closely with DHPW to finalise their local housing action plan as per the Aboriginal and Torres Strait Islander Housing Action Plan 2019-2023 and the Queensland Housing Strategy 2017-2027 $1.08 billion rollout. This will enable the opportunity for councils to have local ownership and input to best address their community’s housing needs.

Councils were relieved to achieve this outcome after more than 2 years of consistent strong advocacy. We will now finally see new housing being delivered in our communities and most importantly this includes the Torres Shire Council, Cherbourg and Woorabinda who were not included in the former 10-year National Partnership Agreement on Remote Housing program.

Actions Arising:

1. Draft a media release to announce TSC’s housing allocation. 2. Continue to progress the Torres Shire Housing Action Plan with a focus on sourcing accurate data and home ownership.

Tourism Information Centre – 11 February 2020 - Discussions took place to progress the Tourism Information Centre with the Torres Strait Government Champion and respective Director General. TSC was advised that the draft assessment report developed by Price Waterhouse, pending their January visit, will be made available on 14 February, with further consultations to follow. It was noted that this year marks the Year of Indigenous Tourism with the Qld Government committing $10 million towards developing the industry. The centre remains a top priority for TSC and for the past 4 years TSC has conducted strong advocacy to secure resources to boost local tourism and support local Indigenous businesses to generate new unique Indigenous tourism package within the Shire.

Affordable Sale of Social Housing – 13 February 2020 - TSC continued discussions with the Department of Housing and Public Works to progress the social housing home ownership initiative. A number of factors were considered in particular: Eligibility criteria; Number of properties available for sale; Sustainability and future management from housing sale; and Price point. It should be noted that TSC has made some major progress over the past 4 years working closely with DHPW to reach

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 6

this unique position and bring closer the reality for Torres Shire Indigenous residents to have the opportunity purchase their social housing.

Other Representations • ABC FNQ Radio Interview – Outcome of Remote Indigenous Housing Workshop – 10 February 2020, Cairns (TCICA Chair)

RECOMMENDATION That Council: 1. Endorses the actions as outlined.

2. Notes this brief. Min. 20/02/2 Moved Cr. Abednego, Seconded Cr. Bani “That Council receive the Mayor’s Report.” Carried

Adjournment: The meeting adjourned for Morning Tea at 10:19am and resumed 10:46 am.

CHIEF EXECUTIVE OFFICER REPORT

Torres Shire Council – Acceptable Requests Guidelines Section 170A of the Local Government Act 2009 (QLD) (LGA09), requires that Torres Shire Council adopts, by resolution, acceptable requests guidelines. The guidelines must detail: • the way a councillor may ask a local government employee for advice to help the councillor carry out their responsibilities; and • reasonable limits on requests a councillor may make.

A councillor may ask a Council employee for advice to help them carry out their responsibilities. A councillor may also, subject to any limits prescribed under a regulation, ask the CEO to provide information, to which there is access, relating to Torres Shire Council.

If the advice or information requested relates to a document, the requirement to comply with the request includes a requirement to provide a copy of the document.

However, these obligations do not apply to information or a document— (a) that is a record of the conduct tribunal; or (b) that was a record of a former conduct review body; or (c) if disclosure of the information or document to the councillor would be contrary to an order of a court or tribunal; or (d) that would be privileged from production in a legal proceeding on the ground of legal professional privilege. A request of a councillor is of no effect if the request does not comply with these acceptable requests guidelines. The CEO must comply with a request made by a councillor within 10 business days. If the CEO believes that is not practicable, the CEO must advise of that belief, and the reasons for the belief, within 10 business days and then comply within 20 business days after receiving the request. These acceptable request guidelines establish the rules about how a councillor asks for advice or information. The acceptable request guidelines must be adopted by resolution of Council.

A request has no effect if it does not comply with Council’s acceptable request guidelines, unless the request is made by the Mayor (or the chairperson of a committee makes a request that relates to their role as a chairperson, section 170A, LGA09).

Recommendation 20/02/3 Moved, Deputy Mayor Loban Seconded, Cr. Bani That Council endorse the Acceptable Request Guideline as a Council Policy in response to the Belcarra Reforms”. Carried

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 7

CHIEF EXECUTIVE OFFICER REPORT

Torres Shire Tourism Centre Project Update Torres Shire Council (TSC) has undertaken significant progress towards the preliminary stages of the project. This progress includes the following milestones:

1. In September 2019, TSC completed Town planning advice which noted the below: a) Prior to proceeding with a development application, Council will need to take action to amend the Site Management Plan or remove the site from the register. Reel Planning can assist in obtaining quotes from contaminated land specialists to undertake this work. b) The proposal requires a code assessable Development Approval triggered by its location on erosion prone land, and subject to confirmation from Council that the proposed development can achieve flood immunity. 2. In October 2019, the Department of Innovation, Tourism Industry Development and the Commonwealth Games (DITID) engaged PricewaterhouseCoopers (PwC) to undertake Demand Profile and Impact Assessment of the Thursday Island Tourism and Business Centre. This also included the engagement of consultants to provide updated, staged concept drawings and cost estimation. 3. In November 2019, the draft Assessment was reviewed by Torres Shire Council with numerous updates and considerations having to be carried into the document’s finalisation. Market Sounding and Demand analysis also commenced in December 2019 which will ensure the finalised infrastructure aligns with tourism capacity and future opportunities. 4. In January 2020, PricewaterhouseCoopers consultants were on site and conducted further consultation and engagement with the business sector for the Market Sounding and Demand analysis report. 5. In February 2020, Council is expecting the Market Sounding Demand Report which proposes to support; a) a single-staged development b) identify the long-term aspiration for the region and the current need for such a facility to inform grant funding bodies. The Tourism Information and Business Centre project is identified for multi-government funding between both State and Federal Governments. Part funding through the State Government should be accessible under the ‘2020 Year of Indigenous Tourism’ grant funding guidelines.

Recommendation 20/02/4 Moved Cr. Loban, Seconded Cr. Abednego, “That Council acknowledge the tabled update on the Tourism Information and Business Centre Project”. Carried

Torres Strait Islands Technical Working Group Meeting The Technical Working Group Meeting was held in Cairns on Wednesday, 5 February 2020 at the Torres Strait Island Regional Council Offices. Mayor Malone, CEO Dalassa Yorkston and A/DEIS Ed Kulpa attended the meeting on behalf of Torres Shire Council.

Torres Shire Council highlighted and tabled several issues for consideration. These issues tabled included: • State Government and Infrastructure charges: o A report completed by external consultants in 2015 estimates that a total unpaid infrastructure contribution for State and Commonwealth developments on Thursday Island equates to approximately $2.1m between 2008 and 2015. o Torres Shire Council will be updating the report between 2015 and 2019. o Torres Shire Council notes the need for due consideration and engagement towards Infrastructure Developments across council which impact council system and services.

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 8

CHIEF EXECUTIVE OFFICER REPORT

• DHPW – Consideration towards Tenants Pets, Security and Domestic livestock: o Torres Shire Council notes that the Department of Housing and Public Works will need to work with their subletting agencies and tenants in order to ensure issues pertaining to (1) Torres Shire Council local law, (2) security and (3) pets and domestic livestock is properly consider or referred to council as required. o Council will request a meeting with DHPW to discuss the above in order to work together towards ensuring safety and compliance moving into 2020.

• Updates to Capacity Statements: o The Torres Shire Council has commenced updating the Capacity Statement and with consideration of new and amended details of the 2018 documents. o Finalisation of updated document should be occurring in the coming months.

• Horn Island Airport Road: o Council had received notification that our application for consideration of declaring the Horn Island Airport Road, a main road, was declined, further representation was to be made to the state government moving forward.

• Primary School pick-up area: o A recently identified issue with the Tagai Primary School carpark and drop-off regarding accessibility, pedestrian and vehicle flows in order to ensure child and parent safety. o Council will request a meeting with DHPW, Tagai and TMR to discuss the above in order to ensure a mutually agreeable and supported solution.

Recommendation 20/02/5 Moved Deputy Mayor Loban, Seconded Cr. Abednego, That Council progress the matter regarding the Horn Island Airport Road declaration with our Government Ministerial Champion and State Member for Cook. Carried

Affordable Sale of Social Housing Properties in the Torres Shire On Thursday 13 February 2020, Mayor Malone and CEO Dalassa Yorkston attended a workshop with the Remote Ownership Team of the Aboriginal and Housing Unit. Below for Councillors information and further input is the overview of the key items that were discussed as a baseline to capture the views of Council on the Project and Scope considerations.

Australian National Maritime Museum - Encounters 2020 2020 marks 250 years since Captain James Cook and the HMB Endeavour charted the East Coast of Australia. Encounters 2020 is a program designed to recognise both the achievements of Cook’s 1770 scientific voyage, its lasting impact on Australia’s First Peoples, and the nation. Representing the Australian National Maritime Museum, Mr. Bill Harris and Ms. Ebony Williams met with Mayor Malone and CEO Dalassa Yorkston regarding the proposed Endeavour Voyage to Thursday Island. This meeting was facilitated through Mr. Kenny Bedford representing My Pathways. Sunday the 23rd August 2020 was identified when the Endeavour would be arriving to Thursday Island, including an overnight stay to allow the local schools and community to visit the vessel.

Recommendation Min. 20/02/6 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council receive the report of the Chief Executive Officer”. Carried

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 9

CHIEF EXECUTIVE OFFICER REPORT

TSC CORPORATE - CALENDAR FOR 2020

Event Date Venue Attendees TCICA Meeting 5 February Cairns Mayor, Deputy & CEO Housing Workshop 6 February Cairns Mayor & CEO Ordinary Council Meeting 18 February Council Chambers All Councillors & Executives Ordinary Council Meeting 17 March Council Chambers All Councillors & Executives Local Government Elections 28 March Easter – Good Friday 10 April Public Holiday Easter Monday 13 April Public Holiday ANZAC Day 25 April Public Holiday Ordinary Council Meeting 21 April Council Chambers All Councillors & Executives Horn Island Sports Ordinary Council Meeting 19 May All Councillors & Executives Complex 27 May to Reconciliation Week Theme: ‘In This Together’ 3 June Torres Strait Flag Day 29 May (gazetted bank holiday) MABO Day 3 June (gazetted bank holiday) Ordinary Council Meeting 16 June Council Chambers All Councillors & Executives Coming of the Light 1 July (gazetted bank holiday) NAIDOC Awards 2020 July TI Sports Complex All Councillors & Executives Ordinary Council Meeting 21 July Council Chambers All Councillors & Executives OBON Japanese Ancestral 15 August Cemetery All Councillors & Executives Ordinary Council Meeting 18 August Council Chambers All Councillors & Executives Ordinary Council Council 15 September Council Chambers All Councillors & Executives Winds of Zenadth Cultural Festival 18 September (gazetted public holiday – Show Day) Queen’s Birthday 5 October (public holiday) Ordinary Council Meeting 20 October TRAWQ Hall All Councillors & Executives Ordinary Council Meeting 17 November Council Chambers All Councillors & Executives Ordinary Council Meeting 8 December Council Chambers All Councillors & Executives Christmas 25 December (public holiday) Boxing Day 26 December (public holiday)

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 10

CORPORATE AND COMMUNITY SERVICES REPORT

Financial Statements

The following financial statements and reports were tabled to Council as at 31 January 2020;

• Statement of Comprehensive Income • Statement of Financial Position • Cash Analysis • Capital Works • Financial Statement - Horn Island Airport • Financial Statement - Quarry Operation

Recommendation Min. 20/02/7 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council adopt the Financial Reports for Comprehensive Income, Financial Position, Cash Analysis, Capital Works, Horn Island Airport and Quarry Financial Positions as presented as at 31 January 2020.” Carried

Tourism & Events Australia Day Ceremony and Awards event was successfully held on 24 January 2020 at the Thursday Island Sports stadium. Successfully received the MS Europa on Monday 27 January 2020 with three community stall holders alongside one volunteer, and we now prepare for the arrival of two cruise ships during February 2020.

Recommendation Min. 20/02/8 Moved Cr. Loban, Seconded Cr. Bani “That Council receive the report of the Corporate and Community Services.” Carried

ENGINEERING AND INFRASTRUCTURE SERVICES REPORT

Water Conservation and Usage

Loggy Creek Dam volume 77.2% 1,320 Ml as at 10th January 2020

• Dam Water Level is at 77.2% however practical capacity is down to 55.0% • Torres Shire Council has implemented Level 3 Water Restrictions. • Overall water consumption has decreased in line with water restrictions however water usage on a per person basis has increased for Hammond Island supply. Council to liaise with TSIRC regarding water restrictions. • Dam water level has dropped 0.157m across the month of January 2020.

Major Capital Works Update

A report on the update and progress of the Major Capital Works was tabled for Council information.

Recommendation Min. 20/02/9 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council receive the report of the Director Engineering and Infrastructure Services.”

Carried

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 11

GOVERNANCE AND PLANNING SERVICES REPORT

Biosecurity - Coronavirus Council takes seriously its obligation from a public health prospective and community and staff health and safety prospective in relation the Coronavirus.

Council has implemented a Coronavirus risk management response plan consistent with Commonwealth and State Government guidelines as a result of the World Health Organisation declaration of Coronavirus as a global health public emergency. The risk management response includes extensive liaison with QLD Health, Tropical Health, Border Force, QLD Maritime Services and other government agencies as part of a coordinated response.

In relation to future cruise ship visits from international ports, the coordinated interagency response includes extensive communication with the ships proposing the visit the Torres Strait and the owner companies thereof to identify any potential risks. Council is continuing to monitor the changing environment and will keep the public informed.

Biosecurity - Fall Armyworm The exotic pest fall armyworm (Spodoptera frugiperda) has been found on the Torres Strait islands of Saibai and Erub. Fall armyworm caterpillars eat and destroy more than 350 plant species, including corn, sugarcane, rice and many vegetable and fruit crops, and have caused significant economic losses overseas. Fall armyworm may affect food gardens and crops relied upon by local communities in the Torres Strait and Northern Peninsula Area. It may also have an impact on Australia’s natural environment. It is the first time we have found this pest in Australia.

Recommendation Min. 20/02/10 Moved Deputy Mayor Loban, Seconded Cr. Loban "That Council receive the report of the Director Governance and Planning Services.”

Carried

Adjournment: The meeting adjourned for Lunch at 1:06 pm and resumed at 1:38pm.

IN COMMITTEE

Min. 20/02/11 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council go In Committee” Carried Time In Committee commenced: 1:39pm

Declaration: Cr. John Abednego declares a Conflict of Interest

I declare that I have a conflict of interest in the above matter (as defined the Local Government Act 2009, section 175D) as I am a Tenant of Social Housing and I have determined that this personal interest is not of sufficient significance that it will lead me to making a decision on the matter that is contrary to the public interest. I will best perform my responsibility of serving the overall public interest of the whole of the Council’s area by participating in the discussion and voting on this matter.

However, I acknowledge that the remaining councillors must now determine, pursuant to section 175E(4) of the Local Government Act 2009: -

(a) Whether I have a real conflict of interest in this matter or a perceived conflict of interest in this matter, and (b) if so, whether: - i. I must leave the meeting while this matter is discussed or voted on; or ii. I may participate in the meeting in relation to the matter, including by voting on the matter.

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 12

IN COMMITTEE

Min. 20/02/12 Moved Deputy Mayor Loban, Seconded Cr. Loban “That Council has determained that Cr. Abednego does not have either a real conflict of interest or perceived conflict of interest in the matter and is accordingly free to participate in the meeting while this matter is discussed, including by voting on the matter.” Carried

Declaration: Cr. Gabriel Bani declares a Conflict of Interest

I declare that I have a conflict of interest in the above matter (as defined the Local Government Act 2009, section 175D) as I am a Tenant of Social Housing and I have determined that this personal interest is not of sufficient significance that it will lead me to making a decision on the matter that is contrary to the public interest. I will best perform my responsibility of serving the overall public interest of the whole of the Council’s area by participating in the discussion and voting on this matter.

However, I acknowledge that the remaining councillors must now determine, pursuant to section 175E(4) of the Local Government Act 2009: -

(a) Whether I have a real conflict of interest in this matter or a perceived conflict of interest in this matter, and (b) if so, whether: - i. I must leave the meeting while this matter is discussed or voted on; or ii. I may participate in the meeting in relation to the matter, including by voting on the matter.

Min. 20/02/13 Moved Deputy Mayor Loban, Seconded Cr. Loban “That Council has determained that Cr. Bani does not have either a real conflict of interest or perceived conflict of interest in the matter and is accordingly free to participate in the meeting while this matter is discussed, including by voting on the matter.” Carried

Min. 20/02/14 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council come out of In Committee” Carried

Finance Report – Loggy Creek Water Filtration System Variation

Recommendation: Min. 20/02/15 Moved Cr. Abednego, Seconded Deputy Mayor Loban Torres Shire Council approve Robert Clarke Builders Variation 1 for $428,382.61 (incl. GST) and issues Robert Clarke Builders a Purchase Order to cover the above Variation amount. Carried

Water Matters

Recommendation: Min. 20/2/16 Moved Cr. Bani, Seconded Cr. Loban That Council resolves to waive the excess water charge for the period 01/07/2018 to 30/06/2019 for the property at 45 Loban Road Thursday Island. Carried

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 13

IN COMMITTEE

Helicopter Matters

Recommendation: Min. 20/02/17 Moved Deputy Mayor Loban, Seconded Cr, Bani That Council resolves to permit the temporary fuel facility on the Nautilius lease area subject to Nautilus entering into an agreement with Council concerning the temporary fuel facility and upgrading their security measures on the lease area to the satisfaction of Council. Carried

Lot 124 on Plan TS 155

Recommendation: Min. 20/02/18 Moved Deputy Mayor Loban, Seconded Cr. Loban That Council resolves to revoke Council resolution Min. 17/03/13. Carried

Rates Matter

Recommendation: Min. 20/02/19 Moved Deputy Mayor Loban, Seconded Cr. Bani That Council resolve that the rates payment deadline for individuals for the payment of the current half-yearly rate instalment be will extended from 28 March 2020 to 30 June 2020, such that the accrual if interest on overdue balances by individuals for this half-yearly rates instalment will not commence until after 30 June 2020. Carried

Affordable Sale of Social Housing Properties in the Torres Shire

Recommendation: Min. 20/02/20 Moved Deputy Mayor Loban, Seconded Cr. Loban

Who is the sale open to The current Local Aboriginal and/or Torres Strait Islanders occupant of the house.If the House is vacant any other Local Aboriginal and/ or Torres Strait Islanders on the social Housing waiting list. How many properties will be available for Maximum of twenty (20) sales. sale: What happens with funds raised from Held in Trust for use in the Torres Shire Council footprint. sale? Discount applied to market valuation Not deemed viable. An Income multiplier is used to set the Not deemed viable. Sale Price of dwellings Shared equity or Joint Ownership product Not deemed viable. House and Land values Not deemed viable. House Values To be further investigated. Prices based off what that dwelling cost To be further investigated. DHPW to build when constructed Price based off what that dwelling cost To be further investigated. DHPW to build Price set directly by the Department To be further investigated.

Carried

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 14

GENERAL BUSINESS

Cr. Abednego • TSC facilities Blessing 3pm 20th Thursday (Dog Pound, Rosehill & Cook’s Esp)

Cr. Loban • Pot hole Audit - Rosehill intersection • Traffic management at Cook’s landing shed

Cr. Bani • Bean trees management around the Shire

Deputy Mayor Loban • Cut grass around the Island • Blue bins missing from water front • Drainage around the Shire (Blackall St, John St, Cemetery & Summer St). • Containers around the Shire

Mayor Malone • Use of foreshore at P.O.W (Rattle Snake Point) • Management of recreational areas • Noise complaint at 36 Douglas Street – Sue Roberts • Pot holes around the ring road - State Government (TMR to inspect the State Governement roads on Thursday Island).

DATE OF NEXT MEETING: Tuesday, 17 March 2020

CLOSURE: The meeting closed with a prayer by Cr. Bani at 4:53 pm.

Confirmed this day of

MAYOR

COUNCIL MINUTES ORDINARY MEETING 18 FEBRUARY 2020 15