North Arm Cove Residents Association. Minutes of General ... · North Arm Cove Residents Association. Minutes of General Meeting 12 October 2019 Present as per attendance sheet. Apologies:

North Arm Cove Residents Association.

Minutes of General Meeting 12 October 2019

Present as per attendance sheet.

Apologies: Sue and Rayne Bolsius, Trevor Vandenberg, Tony Hann

Chair – Jim Parnell

Attendance as per attendance list.

Jim Parnell opened the meeting at 10 am.

We acknowledge the Traditional Owners the Worrimi recognise their continuing connection

to land, waters and culture. We pay our respects to their Elders past, present and emerging.

Notice of Special Meeting – Change the Constitution was provided to all present.

Okay we have some important issue to resolve before we hold the AGM and general meeting – Which I believe we will be unable to hold today the reason for this is….

The Executive of NACRA was informed on the 9 October 2018 by Doug Kohloff that he accidently discovered that the Association has been operating under the wrong/incorrect constitution for years – this is prior to the current executive taking over. The original and voted on constitution drawn up in 1992 cannot be found – one has been located with changes made to it – and NACRA has been following a model constitution from around 2010 which has never been voted on by ratified by the members. Because of this there members on the past an current executive that under the original constitution should not be members let alone on the executive

Put another way The submission to Fair Trading made in 1992 included a different constitution which states that members are “ They are a citizen of North Arm Cove Village over 18 years of age and are the owner of property, and a resident over 18 years of age who lives in the Village for a minimum of 12 consecutive months.” Further to this, members who have been serving on the executive for a number of years in the recent past under the constitution made in 1992 have not be eligible to do so. This also means that some of our members do not hold valid membership despite paying and signing up in good faith with a membership form that was approved by Executives.

Someone raised the village/non-urban membership matter at the August 2019 NACRA meeting. It is apparent now that the concerns he expressed at that meeting did have a constitutional basis. There are other areas that need addressing – such as references to Midcoast council – which is now the Great Lakes. I am not going to highlight all the differences today – in truth I am not fully aware of them all. What it boils down to is that we do not have a ratified constitution and now with that knowledge any actions taken would be unconstitutional – such has who is allowed to vote.

There are a number of areas in the 1992 constitution that need updating to reflect current times and attitudes. These aims are not clear today and need to be updated with new aims agreed by the members. A new constitution will be prepared and submitted to all members before the date. As such we will be holding over all other matters until the constitutional issues are resolved.

We are providing members with over 21 days notice of the meeting. The requirement is that ¾ or 75% of the membership votes on the new constitution and that voting is by attendance to the meeting and by proxy.

Postponement of the AGM

The AGM is postponed to allow the current executive to consult with members on the constitution in accordance with the act and to prepare the way forward for elections and decisions in line with a compliant and agreed upon constitution.

A requisition has been made on these grounds to delay the AGM to the Director General of Fair Trading. It is proposed that the AGM will be held in February to allow time for the constitutional matters to be arranged and distributed to members for consultation and voting. We do not want to interrupt and impose on members during the Xmas/New Year holiday season with an AGM – as many may not be present in the Cove over this period.

The AGM date will be confirmed and is planned to be second Saturday in February.

I am now asking for volunteers to form a subcommittee to drawn up our constitution.

Discussion:

Janine Read – Modification to name of the Association to include all people including non

urban residents.

The plan for the 9 November is too soon for the Special Meeting as the new constitution

would be need to be ready and provide 21 days.

SubCommittee: Bob Read, Lyn McKee, Doug Kohloff – Bob Read to be the chair of the

subcommittee to write the changes to the constitution. Jim Parnell will liaise with the

committee.

Special meeting date will be the same as the usual General Meeting 7 December. The new

constitution will be available for members on the 15 or 16 of November. The distribution

will be by email and on the website. Len Yearsley noted that only paid up members should

vote. Voting can be by proxy on website or by email.

AGM will be on the 8 February. Notice of the AGMA will be provided to members

regarding the 9 of January for nominations.

Motion: NACRA will update the old Constitution to a new constitution to distribute to

members by the 15/16 November to be voted on 7 December.

Proposed: Mo Kelly Seconded Ivy Stevenson. Passed.

Jim Parnell explained that it was not the best practice to go ahead with a meeting given that

NACRA does not have a constitution that reflects the updated ACT. A number of members

put that the business of NACRA can still go ahead while the constitution is being updated.

Ivy Stevenson out the view that if there is a quorum and we can still abide by the

constitution. Noted that the quorum is only 5 members including the executive,

Jim agreed to proceed with a General Meeting although an agenda had not been prepared.

General Meeting

Minutes of the meeting of the 10 August 2019 distributed. Typos to be fixed and Seamus

Devlin’s name to be added to the motion regarding funds to be made available to Janie and

Bob Reid for reference material.

Motion that the minutes be accepted.

Lyn McKee Seconded. Proposed: Jim Parnell. Passed.

Correspondence:

Letter from MCC Containers – are allowed on non-urban blocks with approval. Len Yearsley

said he was concerned that there would be many non-urban landholders who would use

this to put containers on blocks. It was pointed out that the North Arm Cove Landholders

Group had written that this was not the intention to create a shanty town of containers.

Tatjina Duric explained that the group has a planned a sustainable village with small houses.

Tatjina examined the correspondence and noted that there no such legislation to allow

containers. Action: Secretary to write to compliance officer and ask for a review.

Correspondence in a number of emails regarding the negotiations with DPI and Fisheries for

registering complaints about the oyster leases.

Noted that the Residents Consultation with Fisheries, Oyster Farmers and Food Authority

will be held on the 25 October at 1 pm at the hall.

Fame Cove Report: Len Yearsley: There is no longer in contact with Steven Murray from Tea

Gardens Inc as Mr Lee no longer wants to meet with the NACRA Fame Cove Subcommittee.

There has been support from Kate Washington to ask the owner for the giving the land over

to a National Park in lieu of paying fines. The group will meet to write letters to seek support

for a Mr Lee selling to National Parks. Please send the copy of the letter to the Secretary.

Trailer to collect bottles will be available at the blackboard. Broken glass should be avoided.

Lids for Kids include soft drink lids. Bread tags, and the catches from the top of the bottle.

Treasurers Report.

September 2019 Report

from 1/7/2019 to 30/9/2019

Balances Opening Closing

Friends of Fame Cove 406.06 406.06

NACRA 3839.30 4635.23

Stronger Commun Project 456.53 456.53

Website cost provision 189.96 144.96

4891.85 5642.78

Beyond Bank 4891.85 5642.78

Total 4891.85 5642.78

Plus Income to 30 Sep

Donations 144.90

Interest 1.03

Member subscriptions 650.00

Total Income 795.93

Less Expenditure to 30 Sep

Website fees 45.00

Total Expenditure 45.00

Closing Balance = 5642.78

Financial members = 77 (132)

Motion: That the Treasurers Report be Accepted. Janine Reid. Seconded: Bill Mollar

Seconded.

Report on NACRA activities: Maria Pickles

Report on the Activities of NACRA provided to all members present and is available on the

web.

Key Points. Community Plan responses encouraged to increase to provide priorities for

presentation at the Mid Coast Council Consultation 6 pm 26 November – Tea Gardens

Baptist Church. So far we have responses from 90 residents.

Mid Coast Council – Requests for works etc. Requests for works, maintenance and compliance

issues - All requests now should be made using the Report and Request Form -

https://www.midcoast.nsw.gov.au/Council/Report-Request

All requests residents have for works etc should be made using this form including for council

buildings and structures. Responses for compliance issues are dealt with in a day. Once you make a

request you receive an email response. Check your spam folder if it is not in your inbox. If your

request is for lighting, pathways, drainage etc you may send your response to

[email protected] so that it is added to a planning list for the Southern Area Reference

Group for monitoring monthly.

Heros Beach – council has agreed to discuss the approved development from 2014 at Heros Beach

once we have updated the profile.

A submission has been made to NSW Community Partnerships for high quality BBQ, Picnic Facilities

including pergolas and Seating to NSW Community Participation Grants.

General Business

Jim Parnell left the room due to conflict of interest. Lyn Mckee took the chair.

Motion: That the NACRA Aquaculture Subcommittee be reinstated. Moved: Doug Kohlhoff

for Tony Hann Seconder: Gary Sylvaney

Discussion :

Maria Pickles pointed out that under the Model Constitution the Subcommittee is a

delegation from the Executive. She also pointed out that there is a Community Meeting

scheduled for the 25 October and that this meeting may resolve communication issues with

Oyster Farmers and also make clear to residents the compliance under the Oyster Strategy

for both farmers and residents. That it should be considered to hold off appointing a

committee until this meeting had clarified a way forward. Maria pointed out that there is

only one name on the Subcommittee document. Doug Kohloff pointed out that there is

only one name however Janine can recruit whoever she likes to be part of the Committee.

Doug Kohloff also put a view that the Subcommittee sits above the Executive with their

delegation and are given the privilege of making any decisions themselves without direction

from the Executive.

Motion: That the NACRA Subcommittee be reinstated. Moved: Doug Kohlhoff for Tony Hann

Seconder: Gary Sylvaney. Carried.

Motion: That the Terms of Reference be accepted by NACRA as outlined until the next

General Meeting.

Proposer: Doug Kohloff for Tony Hann

Discussion: New terms of reference need to be studied by the Executive before approval.

The work of the Janine and Bob in making representations to Fisheries and the Oyster

Farmers was acknowledged. Asked if there is a plan for the subcommittee. Bob Reid said

that there was no plan because the subcommittee had not met to make a plan. Bob Reid

has organised a meeting with Oyster Farmers, Fisheries and the Oyster Farmers Association

to put a proposal to Farmers on, why are the leases located where they are in an area with

onsite sewerage systems, and also under the Oyster strategy why they are not visually

compliant? This is an initiative by residents are talking directly to farmers and fisheries.

Janine Reid: The channels have been moved on the southern lease over the top of old posts.

The channels need to be safe. This can be discussed at the forum to be held with Fisheries,

Oysters.

Motion: That the Terms of Reference be accepted by NACRA as outlined until the next

General Meeting.

Proposer: Doug Kohloff for Tony Hann Seconded: Gary Sylvaney Passed.

Jim Parnell returned to the meeting.

Ivy Stevenson presented 3 areas for improvement in the Cove

1. Road works on the Ridgeway to reduce the height of the road at the top of the hill

near the Hall. This road is dangerous during spring, August to October as drivers

vision is blocked by the sun.

2. There are no swale gutters along Promontory Way, this was not included in the

Drainage Plan.

Note the current drainage plan is still not complete however new works and a review

has been asked for at the SRG. This needs to go onto the SRG list.

3. Lighting along Promontory Way – To be included in the Community Plan

Meeting Closed 11:40 am

Attachments

I, Tony Hann, as a member of NACRA, hereby propose two related motions:

That the NACRA Aquaculture Subcommittee be reinstated

This proposal is based on the following arguments in favour of continuation of the

subcommittee:

For 20 years, the previous Aquaculture Subcommittee very effectively monitored the

activities of the oyster industry and reported facts and issues of relevance back to

the community.

This was and remains a vital service because this is an industry with a very poor

management record operating right on our doorstep.

Fisheries had shown no inclination to fulfil its community consultation obligations

until recently and only then as a direct response to extreme pressure applied on it

from angry NAC residents.

Now Fisheries assures NACRA that things are changing. But they have made and

broken too many promises in the past. Their organisational structure remains the

same. Nothing has changed to give us assurance that we can now safely turn our

attention away without more unpleasant surprises.

Consequently, it is imperative that we continue to be kept up to date on

developments on our waterways as they can seriously affect our amenity or the

quality of life in our village.

I also argue that it is not in NACRA’s remit to cancel such an important

subcommittee activity without a vote from the membership and while there are

volunteers offering to sit on the subcommittee.

If the Fame Cove subcommittee had been sacked by NACRA in the same manner, we

would be facing an environmental and developmental disaster on our doorstep.

I also propose:

That the attached revised Terms of Reference for the reinstated appointed Aquaculture

Subcommittee be adopted by the NACRA Executive Committee.

Tony Hann

I hereby authorise Doug Kohlhoff to propose this motion on my behalf and in my absence

at the NACRA General Meeting on Saturday October 12th, 2019.

Signed

Terms of Reference

1. Title

Aquaculture Sub Committee

2. Purpose

To maintain a watching brief and provide advice on aquaculture and related issues

that may impact on the community and environment of North Arm Cove.

3. Establishment

This is an on-going sub committee. These terms of reference represent a delegation

under Section 21 of the North Arm Cove Residents Association's Constitution and

were approved by the Executive Committee at its meeting held on 29/11/2013

4. Membership

The sub committee will consist of:

a) The convenor who shall be a member of the Association

b) On the advice of the convenor, additional members of the Association may be

appointed to the sub committee

Unless otherwise determined by the Executive Committee, membership of the sub

committee continues from date of appointment or re-appointment until the first

Committee meeting following next Annual General Meeting.

5. Meeting Frequency

The sub committee shall meet and adjourn as required

6. Timeframe

This is a standing sub committee expected to remain in existence so long as

aquaculture issues are significant to the North Arm Cove environment. The

Executive Committee may at its own discretion choose to discontinue or reconstitute

the sub committee at any time.

7. Authority

7.1. Investigation and planning

The sub committee is authorised to initiate discussions with and seek information

from bodies such as Council and relevant Government departments in order to:

a) identify aquaculture and related issues which are of significance to the North

Arm Cove community and environment

b) prepare strategies and recommendations for consideration by the Executive

Committee.

7.2. Limits of authority

The sub committee is not authorised to expend funds, enter into any firm agreements

or make any grant submissions without prior Executive Committee approval.

8. Roles and Responsibilities

a) Identify relevant issues as they arise

b) Alert the Executive Committee when action by the Association is warranted

c) At least once per year report to the Association on any relevant current issues

d) Undertake other activities designed to further the purpose of the sub

committee which fall within the sub committee's scope of authority.

e) Forward copies of all substantive* correspondence (printed and electronic) to

the Secretary

f) Present any receipts for reimbursement and invoices for payment to the

Treasurer

g) Such further tasks that the Executive Committee may determine by resolution

from time to time.

9. Reporting Requirements

The sub committee should report to the Executive Committee as needed and at least

once per year to a General Meeting of the Association.

10. Current Status

This sub committee is active.

Its current membership consists of: Janine Reid

* Substantive correspondence omits those items which are purely facilitative or ephemeral.

Facilitative records are records of little value and of a routine nature that are used simply to further some activity.

Ephemeral records are records of little value that only need to be kept for a limited or short period of time. Most facilitative

and ephemeral records have no continuing value to the organisation and, generally, are only needed for a few hours or a few

days.

Some examples of facilitative and/or ephemeral records are: duplicates, most drafts (other than those of significant

works or publications), telephone messages, stationery, advertising 'flyers', brochures, catalogues and price lists.