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Minutes of Fall, 2001 Meeting

St. Petersburg Hilton Hotel
St. Petersburg, Florida

1.     Call to Order.

Stan Betts, ODCC Chair, called the meeting to order at 9:47 AM on Thursday 18-Oct at the St. Petersburg Hilton in St. Petersburg, FL. 

2.     Approval of Minutes

The minutes of the March 2001 meeting were approved as circulated.

3.     Introduction of Members

The members each introduced themselves and the classes they sail.  The attendance list is Attachment 1.

4.     Championship-of-Champions

Dick Goodman noted the cancellation of the C-of-C regatta and solicited classes or clubs that can line up 20 boats (plus a spare or two) to host the rescheduled event in the near future.

5.     Staff Report

Lee Parks reported on activities in Portsmouth.

6.     Internal Revenue 501 (c)(3) Status for One-Design Classes.

Jack Caldwell introduced Marc Soss, who is an attorney in the Sarasota office of Becker & Poliakoff, P.A. and who has experience in the tax status of non-profit organizations.  His presentation is contained in Attachment 2 and he can be reached at msoss@becker-poliakoff.com.

Patty Lawrence noted that if a class is a 501(c)(3) organization, then a member may donate a boat to a class and receive a tax deduction for the value of the boat.  The boat can then be given to juniors.  With some care, the boat may be sold, as long as the proceeds go to the purposes of the organization.

Mary Huntsman recommended that a club or organization could form a sub-organization or entity to meet the requirements without conflicting with other club activities.  Jack Caldwell noted his experience in setting up the Finn Foundation.

Colin Park said that the Lightning Class uses its 501(c)(3) status mostly for cash donations to further the purposes of the class.

Clay Mock urged that classes use the services of an experienced attorney in this area.

Clark Chapin suggested that the material within the Class Management Handbook be reviewed and updated as the next update to the Handbook.  Marc agreed to review and contribute to this revision.

7.     New Starting System – Problems & Ideas

Stan Betts asked about experience with the new rule 26.

Mary Huntsman said that the Lightnings were not experiencing any difficulties.  The classes noted about an even split between flying the warning signal with the start of the previous class or having a delay.  Many groups use an “attention signal” to warn competitors that the 5-minute signal is imminent.

Some competitors have noted that flags are harder to see than shapes.  The need for class flags if there are a lot of classes was noted.  In addition, a rolling restart can create confusion between the restarting class and the subsequent starters.

8.     ISAF Issues

8.1.            World Championships

Ding Schoonmaker described a proposal to limit “world championships”.  A counterproposal would allow International Classes to have some other champions (women’s, junior, etc.) in addition to their “world champion” Each year.  The proposal includes language that continental championships must have a majority of the Member National Authorities (MNA’s).  This is a problem for the United States because we are grouped with the Caribbean and Central America, for a total of fourteen countries.  A workable solution would be to change the wording to a minimum of two MNA’s.

The Council supports changing the wording to require that “participation in continental championships be open to all eligible competitors within the area,” without a minimum number of participating MNA’s.

8.2.            Optimist Class Age Limits

A proposal has been made that the age limits for the Optimist Class be reduced from 15 to 13.

The One-Design Class Council opposes the proposal and believes that the classes are best equipped to determine their own eligibility requirements.

8.3.            World Championship Entries

A proposal has been made to process all world championship entries for International Classes through the National Authorities.

The One-Design Class Council opposes the proposal and believes that the classes are best equipped to determine their own eligibility requirements.

9.     Women’s Sailing

Joan Thayer introduced Doris Colgate and Diana Smith of the National Women’s Sailing Association.  The NWSA is seeking support in three areas:

·        “NWSA proposed as a voting organization of US SAILING

Ø      NWSA to remain autonomous but be considered the Women’s voice of US SAILING.

Ø      Women’s representative to the US SAILING Board of Directors to be named by NWSA and the Women’s Sailing Committee.

·        The Women’s Sailing Committee of US SAILING will continue to coordinate and initiate women’s competitive programs.

Ø      Brings competitive woman’s voice to the Board of NWSA

Ø      Continues to operate as currently, but as an adjunct to NWSA

Ø      NWSA’s Board shall include representatives appointed by WSC

·        US SAILING and NWSA will mutually promote and support women’s and children’s programs across the country.”

The Council supported the proposed motion by the Women’s Sailing Committee regarding recommendations to the Nominating Committee for the Women’s Representative to the Board of Directors.

10.            Kinetics and Rule 42 in One-Design Classes.

Stan Betts asked whether classes were encountering problems with the kinetics rule and its enforcement.  The Laser Class is considering establishing wind limitations similar to the 470’s.  Dick Hanneman noted problems at youth championships, driven by collegiate and high school sailors.  Both Dick and Joni Palmer noted how Americans are severely disadvantaged in world events because of the prevalence of kinetics in other areas.

Clay Mock suggested that the materials for judges on rule 42 and its enforcement be updated and distributed with the mailing to the judges to improve the uniformity of conformance within the United States.

11.            Bylaw Changes

The Council voted to direct their delegates to the AGM to support the proposed Bylaw changes.

12.            Communications with Class Associations

12.1.        Class Newsletter Articles

Patty Lawrence solicited members to write articles that can be sent to all the class newsletters.  A list of topics will be sent to all meeting attendees.  The articles should be short (a few hundred words, maximum) and direct people to further resources.  The articles will be distributed electronically using our list of the classes.

12.2.        US SAILING Website and Calendar

The Council discussed the usage of the US SAILING Calendar and website.

13.            Fleet Captain’s Manual Update

Clark Chapin noted that the Manual needs someone to perform an update similar to what was done with the Class Management Handbook, but he cannot handle the updating to both.  Volunteers were solicited.

14.            Nominating Committee

Dick Martin reported for the Nominating Committee.  The following persons were elected:
 

Office

Expires

Name

Chair

2002

Patty Lawrence

Vice Chair

2002

Dick Hanneman

ODCC Executive Committee

2004

John Burnham

Greg Fisher

Jerelyn Biehl

Inshore Committee

2002

Patty Lawrence

Jerelyn Biehl

Bill Munster

US SAILING Board of Directors

2003

Ding Schoonmaker

Greg Fisher

ODCC Nominating Committee

2002

Stan Betts

Dick Martin

Bill Munster

US SAILING Nominating Committee

2002

Ding Schoonmaker

 15.            Voting Delegates to the US SAILING Annual General Meeting.

Eighteen voting delegates to the AGM were selected, with a proxy so that votes are to be cast by the ODCC Chair as determined within the Council’s meeting..

16.            Adjournment

The meeting was adjourned at 10:30AM on Saturday 20-Oct.  The next meeting of the Council will be on Friday 15-Mar-02 at the Antlers Adams Mark Hotel in Colorado Springs, CO.

 Clark E. Chapin

Clark Chapin, Secretary

 Attachments
 

Name

Class

18-Oct

20-Oct

Stan Betts, ODCC Chair

Lido-14

X

X

Jerelyn Biehl

Snipe

X

X

Ethan Bixby

Windmill/ International 505

X

 

Herb Bodman

Windmill

X

X

Sharon Bourke

Etchells

X

 

Christine Brooks

Windsurfing

X

 

John Burnham

International OD and Shields

 

X

Jack Caldwell

Finn

X

 

Bill Chambers

Etchells

X

 

Steve Colgate

Colgate 26

 

X

Clark Chapin

Interlake

X

X

Roger Cleworth

2.4 Metre

X

 

Peter Durant

Club 420 and International 110

X

X

Dick Goodman

Catalina 30

X

 

Jabbo Gordon

VYBA/Hampton

X

 

Dick Hanneman

Soling

X

X

Tom Hubbell

Thistle

X

 

Mary Huntsman

Lightning

X

 

Jackie Kay

Access

X

 

Leslie Keller

Hobie Cat

X

 

John W. Kruger

2.4 Metre

X

 

Andy Lawrence

Thistle

X

X

Patty Lawrence

Thistle

X

X

Dick Martin

Ultimate 20

X

X

Clay Mock

J-105

X

X

Colin Park

Lightning

X

 

Lee Parks

US SAILING Inshore Director

X

X

Jane Anne Pincus

Blue Jay

X

 

Dianne Schmidt

Narrasketuck

 

X

Ding Schoonmaker

Star

X

 

Mark S. Smith

J-24 and J-80

 

X

Joan Thayer

Sonar and Women’s Sailing Committee

X

 

Bill Weiss, MD

Snipe

X

 

 

History:

·        IRC Section 501(c)(3) originated in Section 32 of the Tarrif Act of 1894.  Thereafter, a similar exemption provision was contained in every revenue act enacted prior to the tax code of 1986

·        Original section provided for exemption from income tax of “corporations, companies or associations organized and conducted solely for charitable, religious or educational purposes.”

·        In 1982, Congress added a provision to the tax code which provides that a “qualified amateur sports organization” is not subject to the prohibition against furnishing athletic facilities or equipment.

Theory:

·        “The exemption form taxation of money or property devoted to charitable or other purposes is based upon the theory that the government is compensated for the loss of revenue by its relief from the financial burden which would otherwise have to be made by appropriations from public funds, and by benefits resulting from promotion of the general welfare.”

Establishment:

·        Organized exclusively for a charitable purpose as either a corporation, community chest, fund or foundation.

·        The Articles of Incorporation must limit the organization’s purpose to one or more exempt purpose and must not expressly empower it to engage, other than as an insubstantial part of its activities, in activities that are not in furtherance of one or more of the purposes.

·        If the orgnization is dissolved, its assets must be distributed for an exempt purpose or to the Federal government or to a state or local government for a public purpose.

Purpose:

·        Foster national or international amateur sports competition.

·        No part of its activities involve the provision of athletic facilities or equipment, unless the organization is a qualified amateur sports organization.

Advantages and Disadvantages:

·        Not required to pay Federal income taxation on its income and may enjoy exemption, under state law, from local income, property, franchise, sales, or use tax.

·        Organizations and their employees may be exempt from payment of the income tax imposed by the Federal Unemployment Tax Act.

·        Under Internal Revenue Code 170, contributions to such organizations qualify as charitable contributions for income tax purposes.

·        Under Internal Revenue Code 2055 or 2522, contributions to such organizations qualify as charitable contributions for estate and gift tax purposes.

·        There are strict operational restrictions.

·        The organization must adhere to strict operational restrictions.

·        The organization cannot engage in any political campaign activity whatsoever.

·        The organization’s net earnings may not inure to the benefit of any private individual or shareholder


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