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Hang Gliding Federation of Australia Board Meeting Minutes 17 April 2004 and 18 April 2004 Tullamarine Motor Lodge, Melbourne Opening: The Board Meeting of the of the Hang Gliding Federation of Australia was called to order at 0925hrs on Saturday, April 17, 2004 at Tullamarine Motor Lodge, Tullamarine, Melbourne by Rohan Grant. Present: Rohan Grant (Chair) , Stewart Dennis, Kathy Robinson, Bill Moyes, Carla Pierce, Hakim Mentes, Mark Thompson, Andrew Polidano, Rohan Holtkamp, Craig Worth, Andrew Medew, Damien Gates (Minutes Secretary). Rohan Grant welcomed the new board and read through Rigby and Cook article on Executive Board responsibilities. Rohan Grant requested any more items for the agenda and the agenda was finalised. Minutes from the last Board Meeting in Oct ’03 were tabled as distributed. Motion 4:01 That the minutes from the last as distributed be accepted. Rohan Grant Seconded: Bill Moyes. Motion carried unanimously. Actions items from the minutes of the Oct’03 meeting were read through with the following discussion points:- Commercial Operators Code of Conduct Created and distributed to the appointed Committee (Rohan Holtkamp and John Reynoldson) still required some refinement and presentation amendments. Specific discussion on standards of “certification” for gliders and equipment and how it is no possible to capture sales of this equipment from “non-instructors”. Andrew Polidano spoke about DULV, Bill Moyes of general certification requirements and Hakim Mentes on specific glider certification issues. Carla Pierce stated it is probably in conflict Fair Trade Act. CoC to be sent to Carla to review in this context. Operational Manual Amendments Pending further amendment reviews for Weightshift Microlights to increase “package size” for CASA approval and also pending CASR 149 MoS requirements. Carla Pierce asked if there was any move to review and rewrite O.M, specifically changing layout. Craig Worth discussed why O.M is set up in the way it is. Rohan Grant on CASR 149 MoS requirements and how this will impact the O.M. All other action items complete or are ongoing as required. 1 Stewart Dennis made mention that there were two Constitutions on the Web Site, as advised by Mark Pike, one HTML one PDF. Damien Gates stated PDF should be the correct one Action 4:01 HTML version to be removed. General Managers Report given by Damien Gates. Clarification of points as required. Action 4:02 Old office computers to be put out for tender through Soaring Australia. Clarification and discussion of Active Australia Project and funding report. Final Expenditure report again presented to those present and may be made available to general membership on request, though further breakdown not possible if requested nor endorsed by the board due to workload required. Craig Worth stated that he continually liaised with government reps during the project and they were happy with funding arrangements and expenditure. They had received and signed off on the final report. CIVL Report given by Craig Worth. Discussion on Local Rules for Hay Worlds and Women’s Team, Serial PG Class, World Air Games, and Class 2&5 and Women’s Worlds awarded to USA. Motion 4:02 Accept Reports as presented – Rohan Grant Seconded Bill Moyes. Motion Carried Unanimously General Business Financial Update Damien Gates then read through the Projects Budget for information of all present. Damien Gates then read through Profit and Loss statement up to 31 March 2004 for information of all present. Further discussion on next F/Y Budget to be undertaken on 18 April 2004. 1240hrs Break for Lunch. Meeting Resumed 1305hrs Leanne Kennedy joined the meeting. Certificates of Airworthiness Presentation and hand outs given by Leanne Kennedy, Restricted Victorian PG Pilot on the need to address declining participation in airworthiness of gliders and on selling of second hand equipment by instructors and pilots alike which has not been checked for it’s airworthiness. Various issues rose, including previous attempts at compliance, and difficulty of enforcing (CW), there should at least be a HGFA Policy to foster compliance (CP) Perhaps notice further information on renewal membership form and web site regarding on selling purchase of second hand equipment. (SD) Add to Tick Box on renewal form that testing of gliders is available and should be used. (CW) Training workbook should include more on maintenance schedules and inspections. Continued general discussion on submission. 2 Robert Lithgow joined the meeting. Disciplinary processes discussed with respect to Airworthiness of Gliders, Bill Moyes suggested we look actual complaint received which was mentioned by Leanne Kennedy. Damien Gates stated complaint related to Rob Lithgow and sale of a Paraglider to an ex student. Rob Lithgow responded to complaint stating that he had sold the person the glider that he could afford and also advised him to obtain back protection before flying the glider and he believed it was in an airworthy state when he sold it (Brake lines were intact at that time). Action 4:03 General Manager to add permanent statement in for sale section regarding airworthiness and testing of second hand equipment and advice in next G.M Report in Soaring Australia. Motion 4:03 CoA The issue needed further attention and should be discussed at length by the Safety and Operations Committee. Rohan Grant, Seconded Rohan Holtkamp Action 4:04 General Manager to refer to Safety and Operations Committee at next meeting with the view to formulating and addition to Operations Manual and training materials. Leanne was thanked for her well thought out and well presented address on this issue. The floor was opened to Robert Lithgow by Rohan Grant who stated that if Mr. Lithgow had intentions of convincing the Board to amend or remove any penalty imposed by any tribunal that this was outside the scope of any authority the board held and that the Constitution was specific on this point to extend a separation of powers in these matters. Mr. Lithgow then addressed the disciplinary process and his opinion of its extreme failure in his disciplinary and appeal case. All present then viewed a video supplied by Mr. Lithgow, during his appeal, of his 9 year old son flying a paraglider solo at “South Side” Victoria. Mr. Lithgow also presented a written submission to the meeting and read through this document. General discussion then took place with specific points raised by board members and others present (CW= Craig Worth, CP= Carla Pierce, SD= Stewart Dennis, BM= Bill Moyes, RH= Rohan Holtkamp, HM= Hakim Mentes, DG= Damien Gates, RL= Robert Lithgow, AP= Andrew Polidano, KR= Kathy Robinson):- CW- CAR Part 5 is specifically exempt by the provisions of the CAO 95.8 HM- In any case these points addressed by RL should have been argued before the offence not retrospectively. BM- Can PG age be lowered anyway? CP- Age base can not be lowered in respect of a single request as the rule must apply across the whole membership and may not always be appropriate. Does not believe such a low age is appropriate anyway. SD - Age is specific to development capabilities of the child. RL- Rule needs to be flexible. Process as applied to him is completely out of line, and his son can handle it under specific conditions. 3 CW – Not withstanding decision of Appeal Tribunal perhaps the penalty is not in respect of application of the rules but in respect of RL’s attitude towards them in that RL believes they simply do not apply. HGFA and its instructors have responsibilities to uphold and obey the rules as stated. RL- That is no good for the sport. KR- The point is there is a rule which must be maintained. RL- Advice from CASA is that they do not believe so and they would not even look at this incident. CW- Would be very surprised if that was the case, General aviation was always dual training. KR- Maybe this rule is saving your sons life. HM- All we can discuss here is if the rule can be changed. CP- Would object to this rule being changed. RL- It is simpler than that as it is possible to simply ignore CAO. CW- All italics in the Operations are prescriptive rules. RL- There is a conflict of regulations. CW- The CAO is what captures this. Advised RL to call CASA, Mike Cleaver for guidance on this. BM- That is a good idea. RL- Already spoken to personnel one up from Mike Cleaver and advised that HGFA have attempted to impose restrictions beyond what they may. DG- Who did RL speak to with? RL- CASA Legal Advice DG- What was the officers’ name? RL- Stated will not relinquish that information. CW- Finds it worrying that they would suggest they are only guidelines and not prescriptive rules. RG- Thanked RL for attending and addressing the meeting and realises RL has said he is considering legal action with in his submission. Wished to advise RL that he has signed an Instructors Declaration which binds him to the rules and regulations in any case and that RL should advise his legal advisors and seek their opinion on that. RL- Asked DG who are his CASA Contacts and what had occurred with the correspondence there. What RL is doing is not unusual. DG- Andrew Ward, Sports Aviation Compliance, Mike Cleaver, Operational Standards and DG’s advice from CASA was that if HGFA did not act on the matter and CASA did than RL may be subject to 2 yrs imprisonment. CP- First Disciplinary Tribunal had a practicing Barrister sitting and chairing who was well aware and experienced in Aviation law. RG- Finalised the matter and thanked RL for attending. Financial Update Cont. Rohan Grant asked if anyone had any questions on financials update and Craig Worth suggested we spend some time on the Budget on the 18 April 2004. 4 Members Retention and Board Club Contact Mark Thompson gave an update on his contact with clubs in his area and then sort an update from other Board Members on the results they had received in doing the same. Details to be provided by Mark Thompson in Soaring Australia article. Stewart brought up the scenario of trying to capture NEW pilots in their first few months. The suggestion was then the possibility of clubs receiving New member details (in their areas if possible) on a monthly (or every couple of month) basis. The clubs could then make personal contact with those pilots that had not yet found the supportive club scene. VHPA Request on Web Safety Site and Accident DB Trend reporting on that Forum Discussion on the concept and what it may cost. Andrew Medew advised that volunteers with in the VHPA would develop the project and that is was for information only and to allow access to Accident trends, major causes and statistics as well as the ability for accident reporting to occur online. Similar to the HPAC Site at http://www.hpac.ca/pub/?pid=77 Motion 4:04 Endorse Safety Forum, Accident and Web Stats access concept and ask that the VHPA advise in detail of proposal with examples. Hakim Mentes Seconded Rohan Holtkamp. Motion Carried Unanimously Action 4:05 Andrew Medew to relay this request back to the VHPA. Female Participation and access to our sports Discuss trends and look at Graph supplied by General Manager at Andrew Polidano’s request. Discussion on how amendments to the Operations Manual and Training syllabus, specifically allowing Restricted Certification through towing instruction and tandem ops would allow easier instruction and ability for females to participate in hang gliding. Suggested that PG has far more Female pilots than HG because of ease of flight control and appearance of slower and therefore safer form of sport aviation. Motion 4:05 Board agrees in principle to referring this on to the Safety and Operations Committee for amendments to the Operations Manual and Training Syllabus for a towing only Restricted Licence for the benefit of new female pilots and in promoting and attracting new members for both HG and PG. Action 4:06 Craig Worth and Rohan Holtkamp to present this to the next Safety and Operations meeting for discussion and possible implementation. Meeting adjourned at 1822hrs for resumption on the 18 April 2004 same venue. 5 HGFA Board Meeting Resumed 0917hrs 18 April 2004 Present: Present: Rohan Grant (Chair), Stewart Dennis, Kathy Robinson, Bill Moyes, Carla Pierce, Hakim Mentes, Mark Thompson, Andrew Polidano, Rohan Holtkamp, Craig Worth, Damien Gates (Minutes Secretary). Rohan Grant read through Executive Board roles and responsibilities as contained with in the Management Procedures Manual. Clarification of points as required by Craig Worth. General discussion of roles and places of Air services and CASA personnel. Rohan Grant put to the floor what their aspirations were for the HGFA and themselves. Stewart Dennis stated that the general members and he expected that it was the role of the HGFA to ensure continued access to sites and airspace for the membership. In addition to these, his personal aspirations were in communication and competition involvement both as a participant and administratively. Rohan Holtkamp wished to promote the continued development of our sports and address the declining membership as well as “plugging the holes”. He also wished to see the availability and access for new instructors kept viable and alive to allow continued growth. Mark Thompson stated that he felt that what we do behind the scenes to support continued flying operations may not be of great concern to the general membership though it was important to keep focusing on this behind the scenes. Attracting and retaining membership. Hakim Mentes said his aspirations were in respect of Social interaction and he preferred to provide the mechanisms with increasing participation through access to different events (accuracy events) and to ensure that we do not lose membership due to a lack of social interaction for members AND their families. Bill Moyes stated that he had expended a great deal of time and energy over the years as a board participant in promoting these things and he wished to support this. He discussed the benefits of the “airpark” and the social interaction created by this type of operation. Rohan Holtkamp endorsed what Bill said and Craig Worth stated it could start by changing our training procedures. Carla Pierce commented on the high quality of people on the board with a good mix of member representation. Is desirous of making the sport safer and more accessible to people, particularly female participation. She believes our sport would benefit from further safety regulation and thinks this will help secure future use of airspace/site access given recent issues of insurance/liability. Member retention rates also key area of concern. Personally has a large commitment at work and family but is contactable on line most of the time. 6 Kathy Robinson feels that in WA that they are remote and she felt it was required to promote access to Board issues for WA and Female members, in the future may be interested in executive board role. Andrew Polidano was interested in promoting the state and club level interaction and supporting the roles in the organization. He also wishes to see more promotion for female participants through changes to the training syllabus and through working with the Safety and Operations Committee. Motorised Paragliding was a specific interest which he would like to see progressed and he was aware that as a new sport it operations were still flexible and had little restrictions which should be maintained but access should be available to training for this discipline. Safety and Equipment was a complex issue because of the vast number of seller’s distributors and importers of equipment. Rohan Holtkamp has seen the recent development of Nanolight and Picolight flying and sees its social benefits to people flying during mornings and afternoons. Families benefit and the HGFA should embrace and proceed with the development of education and operations in these fields. Motorised Paraglider Andrew Polidano put forward the proposal to have specific syllabus for Motorised Paragliding. Points of concerned raised including soaring components, ground handling components, trike bases and certification standards. MPG representatives should also be included on the Safety and Operations Committee. Motion 4:06 Appoint a representative/s from the MPG an MHG community to the S&O Committee to progress the development of a Training Syllabus and operations guide for these type of aircraft. Andrew Polidano Seconded: Hakim Mentes Motion carried unanimously. Discussion on who should be appointed with Rohan Holtkamp (already on Safety and Operations Committee) and Andrew Polidano nominated to represent these disciplines on the S&O Committee. Action 4:07 Andrew Polidano and Rohan Holtkamp as representatives, to source, contact and arrange any submissions for the MPG and MHG on there development and training for the Safety and Operations Committee. Further discussion on competitions in thee areas agreed to progress these issues above first and take the competition issue on notice as required in the future. HGFA Trust Carla Pierce gave an explanation what a Trust is and of how a Trust works and the structure of a discretionary trust under a Pty Ltd Company. Motion 4:07 That the Board agrees and endorsees the benefits and concept of establishing a Beneficiary Trust and Pty Ltd Company and that Carla Pierce should proceed with facilitating the establishment of these entities. Rohan Holtkamp Seconded Mark Thompson. 7 Motion carried unanimously Action 4:08 Carla Pierce to proceed with facilitating the establishment of the Beneficiary Trust and PTY LTD company. Insurance and Membership Fees Craig Worth presented financial figures on the impact of the insurance changes Removal of Insurance levee for PI and PAX and 50% increase in Third Party will mean a $30,000 deficit in income for Insurance costs 04/05. Discussion on possibility of increase in membership fees and whether this is viable and would be accepted by the general membership. Craig Worth to prepare budget and distribute so that the board can get a better picture of our position. New Member Fee: Discussion on whether this should still remain and what it is attributed to. Discussion on a brief analysis of estimated costs and income with the changes to insurance. With the loss of P.I and PAX insurance cover those insurance levies will no longer be paid which means lost revenue of approx 130k. It is under stood that previous to the 2004 renewal that members subsidized the insurance for Instructors and PAX to an estimated amount of about 90k. This would mean that pre 2004 Third Party Public Liability was costing approx 130k. Based on the new premium for 2005 we have an approx 100% increase. Essentially with out the Broad form cover and cost benefits of that type of policy (cheaper), minus the levee gained from Instructor and PAX operation it is forecast that this will actually create a 30k deficit in funds. Full comparative details required once Craig has provided figures. Further discussion on membership details as it relates to Short Term Members and Students, TPM’s (for TIF’s and intro courses) to remain unchanged and Short Membership to remain unchanged. Other suggestions are: Remove new member fee and create a Trainee Membership $100+$10 for 4 months VPM’s to change back to $50 + 5 for a 2 month period only. Full comparative details required once Craig has provided figures. Damien Gates update on insurance position and provision of report from Kevin Chamberlain. Discuss claims history and impact on insurance renewal negotiations. Craig Worth departed and Meeting adjourned for lunch 1315hrs Meeting resumed 1345hrs Damien Gates addressed the floors questions on insurance. Board Executive Offices Rohan Grant handed the Chair to Damien Gates for nomination and voting requirements for the new Board Executive Office bearers:- 8 Office Nominee Nominated by President Rohan Holtkamp Hakim Mentes Vice President Rohan Grant Self Nominated Secretary Carla Pierce Mark Thompson Treasurer Stewart Dennis Rohan Holtkamp All nominees voted in unanimously. Damien Gates handed the Chair to Rohan Holtkamp Russell Wilson Letter Address Rohan Holtkamp read a letter received from Russell Wilson on issues he believes to be unfair with respect to the magazine, membership costs and regional Levee. Sky-high Club and the VHPA will contact Russell and discuss this with him. Action 4:09 Hakim Mentes and Rohan Holtkamp to correspond with Russell regarding his letter. Discussion on incentives for members to submit articles to Soaring Australia. Motion 4:08 That the HGFA offer incentive for members to send in articles for Soaring Australia by offering $100 for the editors choice of best article in each months edition. Stewart Dennis Seconded Hakim Mentes Carried Unanimously Board Member Magazine Article Schedule Mark Thompson June Carla Pierce July Andrew Polidano August Stewart Dennis September Rohan Holtkamp October Kathy Robinson November Hakim Mentes December Rohan Grant January Bill Moyes February Rejoining Members Check Flights Discussion on any guidelines available for Check Flight requirements on long term absentee re-joiners (more than 3 Months). Action 4:10 General Manager to ask Craig Worth on any previous Check Flight requirements for the re-joining members and advise Board. Aircraft Upgrade Check Flights Carla Pierce explained her concerns on the lack of requirements with in the Operations Manual for Pilots upgrading to more advance aircraft. This requirement should be made mandatory and not a recommendation 9 Motion 4:09 Put to the Safety and Operations Committee a proposal to introduce a mandatory requirement that pilots who wish to upgrade to a more advanced aircraft than their certificate and/or experience has allowed must undertake a check flight with a Instructor or Senior Safety Officer. Carla Pierce Seconded Andrew Polidano Carried Unanimously Action 4:11 Carla Pierce to draft proposal on Motion 3:51 for submission to Craig Worth and Safety and Operations Committee Meeting. ASAC and CASR 149 and National Airspace System Implementation History explanation and discussion by Rohan Grant on these points for information of the new Board. Agenda for Next Meeting No items arose at this point Adjournment: Meeting was closed at 1600hrs by Rohan Holtkamp. The next Board meeting will be at a date, time and location in late 2004 yet to be arranged. Minutes submitted by: Damien Gates Approved by: Rohan Holtkamp HGFA Board President 10
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