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HomeMy WebLinkAbout02-10-2016 MinutesLM L. SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 10, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:00 p.m. Invocation was given by Pastor Dave Newhart, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Council Member Coy. 4. ROLL CALL Citv Council Members Present: Mayor Richard Gillmor Vice Mayor Jerome Adams (6:01 PM) Council Member Andrea Coy Council Member Hill Council Member Bob McPartlan Citv Staff Present: City Manager, Joe Griffin City Clerk, Sally Maio Special Magistrate, Kelley Armitage For City Attorney, Robert Ginsburg Administrative Services Director, Ken Killgore Police Chief, Michelle Morris 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members The City Manager said he had two items for Council consideration: 1) Deletion of consent agenda item 7G "Approve Use Agreement Between City of Sebastian and Robert Carter for Long Drive Golf Competition at Sebastian Municipal Airport in March 2016 and Authorize City Manager to Execute" 2) Addition of an item to clarify Sandcrest Subdivision preliminary plat approval condition regarding the construction of right -turn lane and whether it applies at the final plat of the entire project MOTION by Mr. Hill and SECOND by Mayor Gillmor to add and delete the items as requested. VOICE VOTE on the motion passed 5-0. Regular City Council Meeting February 10, 2016 Page Two PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 16.024 A. Proclamation — "Throuoh with Chew Week" - February 14-20, 2016 Mayor Gillmor read and presented the proclamation to Marie Blanchard. Ms. Blanchard thanked the Council and expressed the importance of stopping smokeless tobacco use. B. Brief Announcements 2113/16— Sebastian River Art Club Show in Riverview Park— 10 am to 4 pm 2/1&16 — City Hall Closed for Presidents' Day 2119/16 — Sebastian Area Chamber of Commerce Concert in Riverview Park — 5:30 pm to 8 pm 2127/16 — Fellsmere Shrimp Festival Mayor Gillmor read the above announcements. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — January 20, 2016 Council Workshop B. Approval of Minutes — January 27, 2016 Regular Council Meeting 16.025 C. Approval of Resolution No. R-16-03 — Support for Public Records Legislation (Transmittal, R-16-03) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA URGING THE FLORIDA LEGISLATURE TO SUPPORT PUBLIC RECORDS REFORM TO DISCOURAGE OR ELIMINATE SCHEMES DESIGNED TO GENERATE VIOLATIONS OF PUBLIC RECORDS LAWS, AS WELL AS LIMIT HARASSING PUBLIC RECORDS REQUESTS; PROVIDING FOR CONFLICT AND AN EFFECTIVE DATE. 16.026 D. Approve 2016 Municipal Election Agreement Between IRC Supervisor of Elections and City of Sebastian (Transmittal, Agreement) 16.027 E. Approve 0 Annual Sebastian Charter Junior High School 5K Run and Approve Road Closures as Requested for May 14, 2016 from 7 am to 11 am (Transmittal, Park Use Application and Receipt) 16.028 F. Award City Hall Annex Restroom Remodel Contract to Kern's Construction in the Total Amount of $30,057 and Authorize City Manager to Execute Contract - Approve Appropriation from General Reserves in the Amount of $5,507.00 (Transmittal, Kerns Revised Proposal, Kerns 2015 Bid, Construction Services Agreement) ;ra 2 Regular City Council Meeting February 10, 2016 Page Three 16.034 H. Approve 2016-6 Receipt) Alcohol Beverage at Lovely Party at Community Center — February 20, 30 pm to 11:30 pm — Permittee DOB Verified (Transmittal, Application and Mayor Gillmor requested removal of item F for discussion. MOTION by Mr. McPartlan and SECOND by Mr. Hill to approve items A-E and H. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0 Mayor Gillmor expressed concern for losing sinks based on the schematic, and it was clarified by Kerns Construction reps that there will be ADA compliant sinks and they are actually adding one sink to both facilities. Mayor Gillmor expressed concern that there is a 60 day construction time period and said he would feel more comfortable with 30-45 days. The Kerns' representative explained that the toilet partitions are long wait items, but the rest of the work can proceed and once all materials are in it would be about two to three weeks for construction. Mayor Gillmor suggested they wait until all materials are on site before they begin construction, so that the restrooms are not out of operation for such a long period. The City Manager said he was comfortable with the 60 day because he had learned over time that remodels take approximately one and a half times longer to complete, and also noted the City will have to cordon off an area for construction trucks. He said he understood the Mayor's point but wanted Kerns to be comfortable in delivering a good product. The rep said he would work with the City. Mr. Hill said if we wait until all materials are in to begin, it may put Kerns into a small window, and that he was confident that staff could manage it best. MOTION by Mayor Gillmor and SECOND by Mr. Hill to approve. Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams Nays: None Passed: 5-0 8. COMMITTEE REPORJS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. A. Charter Review Advisory Committee 16.030 i. Appoint Three At -Large Members (Transmittal, Applications, Press Release) The City Clerk confirmed that there were three applicants for three at -large positions and they were present. MOTION by Mr. Hill and SECOND by Ms. Coy to appoint Nancy Munoz, Robert Zomok and Frank Terranova. VOICE VOTE on the motion passed 5-0. 9. PUBLIC HEARINGS - None Regular City Council Meeting February 10, 2016 Page Four 10. UNFINISHED BUSINESS 16.031 A. Sebastian River Art Club (SRAC) (Transmittal. SRAC Documents, Old Council Chambers Three Month Calendar) MOTION by Mayor Gillmor and SECOND by Mr. Hill to task Mr. Griffin with preparing a lease for the Sebastian River Art Club with the space that they now inhabit in the old Public Works building known as the Art Center, the lease to run concurrently with the Senior Center lease so that both would come due in 2018. Mayor Gillmor called for public input. Ms. Coy asked wouldn't they like to know what we are discussing. Mayor Gillmor said right now we are discussing a lease. Judy McNamara, Sebastian Art Club President, expressed appreciation for use of the City building and that they take great pride in maintaining it, said the Art Club would like a lease to coincide with the Senior Center lease, they are a 501c7, and have paperwork that was given to Council, and cited their evolving use of the gallery and monetary donations to the community. Ms. Coy said she would like nothing more than to give them a lease but wanted to be perfectly comfortable they qualify as a 501c, that four weeks ago she asked for documents and has yet to receive the documents she requested as is required to be produced by IRS standards including their application for recognition of exemption and their letter of determination. She provided a document to Council and the Attorney entitled `IRS — Charities and Non -Profits Topics - Application for recognition of exemption" (see attached) and read it for the record. She said the City has the Art Club's 990s which anyone can obtain on-line, but what she did not have is the application or original exemption letter, stating the letter received this week is just a letter not the determination letter, and we need to see from the Art Club, and which they need to request from the IRS, is the original letter and application on form 1024, in the case of a 5010 and if it is a 501 c3, the form 1023. Mayor Gillmor called a point of order and stated the 1024 is only a form used if you are claiming tax deductible purchases, and the letter states that the only form necessary is the form 990. Ms. Coy said they can self -declare themselves as a 501c3, but her question to Council is do we require IRS formal recognition or do we allow you to self -appoint. Ms. McNamara said they spoke to the IRS and they said this is the letter that they need to prove that we have been a c7 since April of 2012, and it was included in the packet and provided to Joe Griffin, and according to the Attorney she spoke to, that letter should be sufficient. Ms. Coy again said she is asking for documents the IRS says she is allowed to ask for and in four weeks they have not produced them. She said she understands that all this happened at a time when Ms. McNamara was not there, and maybe someone within the club could tell us who applied for the documents, and said her question to Council is -- are we going to let people self -declare. El Regular City Council Meeting February 10, 2016 Page Five Mayor Gillmor called a point of order and said this is not self -declared, and read the letter from the IRS into the record (see attached). Mr. McPartlan said he read all the documents and the last 990 filed is 2012 and none have been filed since. Mayor Gillmor said they have but Mr. McPartlan answered not in his packet. Mr. Hill said it is simple and reasonable for the documents to be requested and it is clear in the IRS form that they are to be produced and if not produced, it is reasonable for Ms. Coy and for us to have questions, and agreed that we should not be self -determining tax exemption status. He said he did not understand why this is such a contentious issue and is a simple request for documentation. Ms. McNamara said they are on Florida Sunbiz and it shows their 990s are current for every year. Mr. Hill said he has been on Sunbiz, has done research, understands that IRS status for them is 501c7, but there is a simple request for documentation and IRS requires that if you are a 501c7, you are required to, at no charge, produce those documents, and if not produced, it is reasonable to question should we go into a lease. He said if there is no non- profit status, then we have an organization in our building that is not for profit per the IRS, though he believed they are, and this has nothing to do with the Art Club or Quilters, it is making sure the City is doing its due diligence. Ms. Coy said she would asking all the other non -profits, to include the Senior Center, the Historical Society, the Craft Club and any 501c body that is getting half price park and free space, and she would ask Council to direct the City Manager to look into that because she thought some things may be slipping through the cracks. Mr. McPartlan said to include the Little League and the Sharks. Mayor Gillmor called a point of order and said the form 1024 is not required on this, and only if you are a 501c3. Ms .Coy said 501c3 uses form 1023. Mayor Gillmor continued reading "exemption applying for recognition of an exemption for taxes — for tax purposes" and said we pay taxes when we buy things. Ms. Coy read "when applying for recognition of exemption under a provision other than section 501 c3 generally use Form 1024. Mayor Gillmor said if it is necessary for us to get a tax lawyer in here we will do that. Mr. McPartlan asked Mayor Gillmor if he was talking about the Council bringing in a tax lawyer or the Art Club bringing in a tax lawyer. Mr. Hill asked if he was representing the Art Club and Mayor Gillmor said no he was not representing the Art Club. Ms. McNamara said they have a tax attorney who said he would come if there was a problem, and if we can't get this resolved then we will have him come in. Ms. Coy said call the IRS on the phone and ask for the original letter of determination dated April 2012, and then get a copy of the 1024. Ms. McNamara said it is obviously applied if they got all this information. Mayor Gillmor said Ms. Coy is under the impression that the Art Club needs a 1024 and it does not because it pays taxes, so they can apply for it because it doesn't need it. Ms. Coy said form 1024 doesn't have anything to do with whether you do or don't pay taxes, but is the form that describes what you are, and lets the IRS know if you are Regular City Council Meeting February 10, 2016 Page Six eligible. Mr. Hill added it is the application for 501c7, so you file that form when you apply and Ms. Coy is asking for is a copy of the original document. Ms. McNamara said they applied for a 501c3 handled by Attorney Warren Dill, and at some point the IRS denied it and they said they were changing it to a 501c7, so they did not actually apply for a c7, it was given to them in lieu of c3. Ms. Coy said Ms. McNamara read from a letter from the IRS at a workshop that she has requested a copy of several times, stating that they were not going to be a 501c3, and asked again for a copy of that. Mayor Gillmor said it was in her packet and she said it was not. Ms. Coy said she has called the IRS three times with the EIN number and got the same response, and in two weeks will have a letter that states they didn't file paperwork. Ms. Coy said again they need the original letter that they are claiming was sent to you in April 2012, the same time the 501 c3 was declined. Ms. McNamara asked does the letter they have mean nothing then, and Ms. Coy said it is not what the IRS requires. Mayor Gillmor called a point of order and said if the Art Club had not been a 501c3, there would never be a 990 filed period, because other organizations don't file 990s, for instance SPOA does not, and it has been tax exempt for a long time. Ms. McNamara said Sunbiz shows their annual reports. Ms. Coy said Sunbiz is State and is not Federal, and their State documents show them as a 501c3 in three places. Ms. McNamara said it is in the hands of the attorney being done and by-laws have been changed to reflect it is a 501c7. A man approached the podium but did not provide his name and asked can't we help them out to acquire the proper paperwork. Mr. Hill responded we are not kicking them out but asking for the proper paperwork. Carol Bennett, Art Club member and resident, asked is this a new precedent that you are establishing for anyone you lease property to or have you in the past leased property to people and not asked for this. Ms. Coy in the past we have been really generous in taking people's word, noting the Art Club said in the past they were a 501 c4, and we took that carte blanche. Ms. Bennett said the answer is in the past they have issued leases without asking for that information. Ms. Coy said the Senior Center had to produce the documents two and a half years ago. Ms. Bennett asked then what really is the ruling here and have they asked each and every group. Mayor Gillmor asked her to address the Chair and said the answer is no. Ms. Bennett asked then this is something they want to establish going forward and Ms. Coy said yes. Ms. Bennet said then we are the first group, and asked when it became the new norm, and Mayor Gillmor said it isn't the new norm, but one Council Member took it upon herself to do, and Ms. Coy said that is not fair and she is not just looking at the Art Club, has had extensive conversations with the City Manager, and it is Council's job to protect the facilities and watch the money because they are giving tax breaks. Ms. Bennett asked when 0 Regular City Council Meeting February 10, 2016 Page Seven did that light bulb go on and Ms. Coy said about six months ago, she had discussions with Ms. McNamara, asked for documents from other organizations, visited the Historical Society, Chamber, VFW, all of them and the Art Club just happens to be the one asking for a lease and it isn't right that they have been in that building for five years without a lease. Ms. Bennett said she understood it was a handshake and asked again what is the precedent, and Ms. Coy said they have exclusive use of a public building like the other organizations and she wants them to have it, and Ms. Bennett said the members are confused and wonder why their space has become a bone of contention and they have to provide documentation. Ms. Coy said the Senior Center had to provide the documents two years ago, and Ms. Bennett asked if there had been any new leases to non -exempts who have not provided that information since then and the City Manager said no. Ms. Bennett said they will do what they can to produce the documents because they appreciate the space that they occupy. Stephanie Lovallo asked if the Art Club called the IRS and asked for documents and they sent what they needed, why is that not appropriate and the wrong thing, that we are saying the government is wrong and why is it not good enough. Mayor Gillmor said he did not know, that he called the IRS and when they applied for the 501c3, back at that time no conservative organizations were receiving anything and Lois Lerner retired in disgrace and that is the name that was on our IRS form. He said he called the IRS and talked to someone who told them what we needed. Mr. McPartlan said when the Mayor keeps saying "we", the people in the audience may be thinking it is City Council that is asking for these things and that it was the Mayor and the Art Club doing that, but they are thinking it is the government requesting these documents or initiating these documents, and you did that as a member of the Art Club. Mayor Gillmor said that is correct and thanked him for differentiating that. Mayor Gillmor said he, as a member of the Art Club, but no longer on the Board of Directors, was President of the Art Club when they applied for this, so it goes to the history of it. He said when he talked to Mr. Caldwell at the IRS he told him he needed something that proves they are a 501c7 and about five minutes later he came back to the phone and said yes you are a 501c7 as of April 2012 and that is when the determination letter went out, and he asked him to send him something to prove that and Mr. Caldwell said he could not fax or email but had to come by mail it to him, and he did not know what else we need. Ms. Coy said she just gave him the IRS requirement and asked the Attorney if she is in her rights to ask for these documents. The Attorney nodded and Ms. Coy said that would be a yes. Ms. Lovallo asked the Attorney why the documents they received aren't good enough. Mr. Hill called a point of order stating that public input is a time for people to let us know their points, not for a debate, nor is it appropriate for anyone to direct to anyone other than the Chair under the rules we have here. He asked her to kindly direct her comments to the Chair and if Council members could kindly allow the public to make their statements so we can get to our discussion on this item. Ms. Lovallo said the space they have is not exclusive because it is a gallery open to the public and they do wonderful things with them and for them, including programs for students and donate thousands of dollars. Regular City Council Meeting February 10, 2016 Page Eight Susan Lavender, Vice President of the Art Club, read from some document stating any request for documents should have been in writing, specifically what is being requested and why, and cite the authority, regulation statute, law or rule. She said that goes to Ms. Coy. She said she would be requesting all the documents for the Senior Center in writing. Nancy Munoz, suggested as a former member of the Art Club, that they gather all the originals they have, request from the IRS any they do not have, and they will have a corporate book, said she had experience with this and offered her assistance. Mayor Gillmor said we are making a mountain out of molehill, that the Art Club has a 75 year history and relationship with the City, citing the Kroegel statue done by an original member of the Club, restoration of the Seminole painting on the back wall of the Chambers, donations of thousands of dollars, some to the Clocktower and park benches. He said no one in the Club takes any money, was and is a 501c7, cited the many pages of documents that prove it is a non-profit organization, and cited the IRS letter. He said it hurts him to have a Council member accuse him of being untruthful, and from his point of view he doesn't know what else has to happen. He said it should be up the City Attorney and City Manager to determine if it is a non-profit not Council members to determine. He asked the Attorney if that is something he can speak to. Attorney Armitage responded it is two different issues, that Ms. Coy is saying pursuant to IRS regulations she has the right to ask for certain documentation, she is not casting aspersions as far as the rest of the documentation, she just want those documents as a member making a request. Mayor Gillmor said from his perspective if we got those documents then there would be more required and there is no end. Mr. Hill said he finds this to be tragic, and extremely sad that we are here dealing with one great organization we have in the City, the reason being that we are going to get a lease for you and that is incredibly important because it is taxpayer funded building and as stewards of that building they are required to do due diligence to make sure they are paying taxpayer funds wisely and have standards. He said he believes it is reasonable for Ms. Coy to have a request for those documents, has not cast aspersions by asking for the documents, was very disappointed it has escalated to this point, and does not put the blame for this at the end of the dais. He said this doesn't need to be divide and conquer but let's get together and work this out, that we should have had a lease when the Club moved in to the building and it is reasonable to go forward and get that lease, reasonable for Ms. Coy to ask for documentation, and was disappointed this had to happen to such good people in this community and people are riled up for no reason because no one on the dais wants them to leave and wants them in that building, but Council needs to do its due diligence. He said he agrees with Ms. Coy and withdrew his second on the motion. MOTION by Ms. Coy and SECOND by Mr. Hill that Council consider for any lease or any 501c organization that we be provided five items: 1) the EIN, 2) the articles of incorporation, 3) the letter of determination from the IRS conferring 501c status, 4) a copy of IRS form 1023 or form 1024, and 5) financial documents to review before any lease or discounts are applied across the board and her motion is tasking the City Manager to look into that, all of them, not just the Art Club. Regular City Council Meeting February 10, 2016 Page Nine A man approached the podium, did not identify himself, and asked if this is a new motion today, should not packet be sent out to all requesting these five obligations in a time period to retrieve. Joy Liddy, member of Art Club, asked if there was any way that Council can do a lease contingent upon proper documents being presented, noting she deals with leases every day. Cary Calloway, Sebastian resident, said her husband was a mayor in New Jersey, Ms. Coy is requesting documents, they have provided documents and now there is a motion to establish new rules to be done from now on, and up to this point you have given leases, they have received a legal document that says they are a 501c since 2012, and they were given a 5010 and the letter was given to you. Ms. Coy said she has been requesting the letter. Ms. Calloway continued and Mr. Hill called a point of order. Ms. Calloway continued to cite the letter from the IRS in the agenda packet and said it legally identifies them. She said from her experience with the courts, this letter is a legal document that can be entered into court. Ms. Coy said this is the first time Council has addressed this issue and is long overdue, we need consistency in how we do business, and hopes Council agrees to these five items as the new basis, to be looked at by the City Manager and City Attorney and a packet of information prepared in the future for all people requesting leases and 50% of the park and the same for everybody. She said she did not want the Art Club to leave and no one is kicking them out, and all they have to do is get the documents from the IRS, and said again to Ms. McNamara that she wants a copy of the record she read on January 20`h at the workshop. She said unlike the quilters, the Art Club has exclusive use. Vice Mayor Adams said he is disappointed at this stage, the organization has done good for the community, but just because you have done good, doesn't mean that you get a free pass, though when you request and receive a document from the IRS that should be sufficient. He said he did not see why we are going through all of this when we have something from the IRS. Mr. McPartlan said this is ridiculous that Ms. Coy has become vilified when all she was asking for was the paperwork, said over 100 pages of documents were provided in the agenda packet, the IRS document that says 501c3 says you have to file 990 and there are no 990s since 2012 and if not filed for three consecutive then you no longer file under that. He said he is going off the packet provided to him. He said no one wants to kick them out but the paperwork has to be in order. He said he has done investigation and made a call to the Florida Department of Revenue and was told that a 501c3 or 501c7 should have a certificate of exemption issued every year, that the State looked up the Sebastian River Art Club by name and by EIN and there is no such record of them being in there. He said he has requested records from the IRS that should be coming, because we are looking to be sure these clubs are in order, has talked to Mr. Griffin about making sure all the other clubs are in order, citing sports leagues that have leases for years, noting every year every organization should provide paperwork to make sure they are all in order because we are giving free rent and paying for utilities, which could be used by other groups. He said since Mr. Griffin has come in, a lot of things were done on a good old boy way or handshake, but everything that has come to light he has jumped on to make sure, like instituting the help 0 Regular City Council Meeting February 10, 2016 Page Nine line, personnel and time sheet issues. He said we just want the paperwork in order and a lease protects everyone. He compared this to someone who has to pay over $200 to use the Yacht Club for a party, and noted the Art Club has been there for over five years rent free, the Senior Center has its paperwork in order, and said what we do for one we have to do for all. Mayor Gillmor responded that form 990s were received for 2013, 2014 and 2015. Ms. Coy said she can confirm they were received, but they also needed to submit the 1023 or 1024 and have that letter of determination. Mr. Hill agreed with Mr. McPartlan and Ms. Coy, the problem was not the Art Club and said they are not asking anyone to leave, the shame is that this discourse was created by someone and has caused citizens to be afraid. He said he agrees that Ms. Coy's request is reasonable and good business for all people of Sebastian. Mayor Gillmor said the 1024 must be filed only if the organization is going to claim a tax status where they don't pay taxes and you only file 1024 if you don't want to pay taxes and you buy things tax free. He said the Art Club pays taxes, so he had a problem with that part of the motion. Ms. Coy said taxes are the State and have nothing to do with Federal income tax and the Mayor is talking about going to the store and buying something and that is State tax. She said the IRS requires 1023 or 1024 for any recognized 501c, and asked the Attorney is that correct. The Attorney nodded and Ms. Coy said the answer was yes. Mayor Gillmor said he did not believe that was correct, and can't support the motion. Ms. Coy said our Attorney said that was correct and she was not going to argue with the Attorney. She said she would also give Ms. McNamara a copy of the document she read from earlier (attached), and again cited the regulation to file the 1023 or 1024 to the IRS and the reason they are not listed in Guidestar or the IRS Publication 78 is because that form has not been filed. She thanked Mr. McPartlan for calling that number, because she got that same response three times. She said it may take a year to get the documents, but she will wait and they can stay in the building, and urged them to do their due diligence and file. Mayor Gillmor said he has researched and if it was required it would be on this IRS letter and the letter said the only form required is the 990, so he cannot support the motion. Roll Call: Ayes: Adams, Coy, Hill, McPartlan Nays: Gillmor Passed: 4-1 Ms. Coy asked if we can set a 30 day timeframe to get a status update report back. Mr. Hill suggested it come to staff. Ms. Coy noted the Club said they are updating the by-laws and articles of incorporation and it should include those, and at least show the paperwork for 1024 has been started. Ms. McNamara said dealing with IRS she did not know about a time frame but would get everything out as soon as they could. 10 Regular City Council Meeting February 10, 2016 Page Eleven Mr. Hill said he was comfortable with the motion on the floor and trusts that staff will go forward and get this taken care of, and as long as the City Manager is taking care of it, we should be comfortable. The City Manager asked to clarify his direction to work up a letter of some sort to other organizations with these five prerequisites also, so he will proceed along those lines if that is the consensus of Council. It was. 16.032 B. Resolution No. R-16-04 — City Broadcast Policv Revision (Transmittal. Revised Policv. List of Live Broadcast and Audio Onlv Board and Committee Meetinqs) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A NEWLY REVISED "CITY OF SEBASTIAN PUBLIC BROADCAST POLICY', PROVIDING FOR LIVE BROADCASTS OF CERTAIN CITY BOARD AND COMMITTEE MEETINGS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Hill and SECOND by Mr. McPartlan to approve Resolution R-16-04. Ben Hocker, Sebastian, recommended that Parks and Recreation be broadcast, that people like to watch meetings from home, and the cost to provide for staff is minimal. Mayor Gillmor agreed he liked to watch Parks and Recreation meetings. The City Clerk noted that the committee list provided reflected the boards that Council chose at the last meeting to either broadcast or provide only audio and is subject to change from "time to time" by the revised policy and would not affect the language of the broadcast policy being adopted by R-16-04. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0 C. Sandcrest Subdivision Clarification The City Manager had provided a transmittal (see attached), and said Chuck Mechling was here to request a determination of the condition for a turning lane from Resolution R-15-19. Mr. Mechling noted the first phase is 24 lots of the total 64 lots, cited telephone poles that will have to be removed for the right-of-way and the timeframe needed by FPL to do so and its effect on the construction schedule, said he had met with the City Engineer about the turn lane required, and asked Council for clarification of the time of the turn lane condition and whether as he sees it as prior to final plat of the entire subdivision. MOTION by Mr. Hill and SECOND by Vice Mayor Adams to direct the City Manager to administratively approve final plat on this as the final plat of the property. Roll Call: Ayes: Hill, McPartlan, Gillmor, Adams, Coy Nays: None Passed: 5-0 11 Regular City Council Meeting February 10, 2016 Page Twelve 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Bob Zomok, newly appointed member of Charter Review and former member, said the Charter Review process should be analyzed at the end of each session, recommended more effective interaction with Council, suggested that when a Charter Review member proffers a point to other members they do so in writing, and that when they come to a final recommendation for Council, it be presented in the form of a dialogue with Council. He asked them to ponder that and get back to the Charter Review Chair. 12. NEW BUSINESS 16.033 A. Consider Reaulation of Riverview Park Kavak Launch (Transmittal. Subiect Matter Meetina Minutes. Overhead Map) Following a brief explanation from the City Manager about the condition of the area from cars parking on the grass, and signs and gates being removed, and discussion by Council, it was the consensus of Council to direct the City Manager to come back with a plan for some type of drive, perhaps gravel, and signage for drop-off only. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager reported on January 17tt' storm damage to screening, turbines and soffits at the Airport, exhibiting photos on the overhead, said insurance had been applied for and would be slow coming, and requested approval to get it done now using R & R funds and then reimburse it with the insurance. It was the consensus of Council to approve his request. 15. CITY CLERK MATTER - None 16. CITY COUNCIL MATTERS A. Council Member Andrea Cov Ms. Coy reported that the Mullet Fry at the Working Waterfront was great and thanked the Indian River County Historical Society and fishermen. She then reported on concerns with the County meter reader who is driving his vehicle on the wrong side of the road and on the sidewalk and nearly had a collision with him, brought it to the City Manager who spoke to the Utilities Director and Chief of Police. She said she also spoke to two County Commissioners. She asked the City Manager to contact the County to get their policy in writing so if there is any incident they will be fully liable. The City Manager said he would follow up with a letter. 12 Regular City Council Meeting February 10, 2016 Page Thirteen B. Council Member Jim Hill Mr. Hill said he was disappointed in things he had heard have been going on over the last several months, citing a previous Council when members were bickering back and forth and sees this Council moving rapidly in that direction and it is a disservice to the Community. He said the Charter outlines the role of City Council members and the Mayor and specifically states there is no authority of any individual Council member when they are not behind the dais, and no authority of any individual Council member if they cannot convince two others up here and send direction. He said he thinks there have been things going on that are contrary to our Charter and concern him, concerns staff, and is an overstepping of the obligations and responsibilities of a Council member. He said it is the responsibility of the five Council members to police ourselves and make sure we are abiding by the Charter and understanding our rules. He said when we stand in the halls of City Hall we have the exact same authority as any citizen that walks the streets of the community, we need to conduct ourselves like that always, and don't believe that has been done. He said he knows a lot of people who work for the City and has gotten a lot of phone calls, did not want to get into specifics. He asked for a consensus of Council to direct the City Manager, prior to the next City Council meeting, to have a Council reorganization meeting, such as the one that takes place immediately following an election. Ms. Coy seconded, however, Mr. Hill noted we cannot take action, but rather can give the City Manager some form of consensus from the Council to put it on the agenda. Ms. Coy asked if we are entitled to do that by Charter and Mr. Hill said he researched it quite a lot and the Charter does not specifically state that, so he believed that in discussions with others, we can do that, and asked Attorney Armitage if that was correct that with a majority vote we can have that put on the next meeting. Mr. Armitage responded they can direct the City Manager. Mr. Hill said that is what he would like to see happen. Ms. Coy seconded, however there was no motion. Mayor Gillmor said he was not so sure, since the item was not on the agenda, that we can vote on this. He said he thought this was something that would have to be agendized. Ms. Coy said she thought we could direct the Manager. Mr. Hill said put it on the beginning of the next scheduled Council meeting. Mayor Gillmor said he would say alright with a caveat that we have the Attorney research it and find out if that is doable. He said we have certain things that we can do and there are obviously things that the City Council can undertake but was not so sure this is legal. He said he would want a determination before it is put on the agenda. Mr. Hill asked the Attorney for his opinion on this. Attorney Armitage said there seems to be no reason why it can't but he was not asked to thoroughly research it. 13 Regular City Council Meeting February 10, 2016 Page Fourteen Mayor Gillmor said that is what he is asking him to do. He said he would not want this put on the agenda if it is not legal for us to do that. Attorney Armitage said if it turns out to be a determination that it is not legal, then it won't be an agenda item, but should it be acceptable, then it can still be an agenda item. Mayor Gillmor said he had a motion and second and asked for a roll call. (There was no motion, only a request for consensus of Council by Mr. Hill). Mr. McPartlan asked if he was taking public input. Mayor Gillmor said there is no public input under Council matters. Ms. Coy said there is really no vote under Council matters and you just gave direction, so be it. Mayor Gillmor said he would like to find out if we have a consensus. Mr. McPartlan said you got a motion and second and he was asking if anybody has any input and we're voting on it. Mr. Hill said we are not voting on it, he is just asking if there is consensus. Mr. McPartlan said yes. Mayor Gillmor said okay there is three (consensus), so be it. C. Council Member Bob McPartlan - None D. Mavor Richard Gillmor - None E. Vice Mavor Jerome Adams - None 17. Being no further business, Mayor Gillmor adjourned the Regular meeting at 7:59 p.m. Approved at the February �24, 2016 Regula City Council Meeting. By: /4" °eb) � ' Mayor ATTEST.: 4N 4t ` Sally A. Maio, MMC, ity Clerk 14 SEBAST-" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: 10 February 2016 AGENDA ITEM TITLE: Sandcrest Subdivision RECOMMENDATION: Determine ambiguous terms of R-15-14 Section I b, and approve request. BACKGROUND: On 24 June 2015, Council approved R-15-14 (Attachment 1). That Resolution provided for the development plan and preliminary plat for the Sandcrest Subdivision. Section I b is a contingency requiring the Developer to install a right - turn ingress lane along Powerline Road. That lane is to be constructed prior to final plat. Since the plan is to 'phase' the development, the question is whether the right -tum lane is required at the Phase I final plat or at the final plat of the entire project. Now comes the Developer, Mr. Chuck Mechling, asserting that the right -tum lane contingency applies at the Final Plat of the entire project. He requests a determination as to the intent of Council in approving Section I b of R-15-14. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: N/A v Administrative Services Department/CFO Review: ATTACHMENTS: 1. R-15-14 2. Council Agenda Transmittal: 24June 2015 City Manager Authorization: Date: 10 February 2016 RESOLUTION \O. R-15-14 A RESOLUTIO\ OF THE CITY OF SEBASTIAN. l\DIAN RIFER COUNTY, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN/PLAT FOR A PLANNED UNIT DEVELOPMENT K.\OWN AS SANDCREST SUBDIVISION: PROVIDING FOR CONFLICTS HERE« ITH. AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, Sandcrest. L.L.C. has tiled an application for appro%al of a preliminary plat and preliminary development plan for a Planned Unit De%eloptnent kno« n as Sandcrest Subdivision: and WHEREAS. said de%elopment plan and plat complN ��Ith applicable State and Ci:, cedes and re�zulatioris: NO« THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CIT1 OF SEBASTIAN, as follo�ts: Section 1. PRELIIIIN.AR1' APPROVAL. The Ci:% Council of the Clt,, of Sehastlan. Florida does hereby appm%e the prelirntnan de%elopment plan and plat for Sandcrest Subdi%ision as prepared b% Jodah B. B!ttle. P.E. of Schu!ke. Bittle L1, Stoddard. L.L.C.. bearing, the latest recision date of June 16. 2'015, as maintained on File in the City Communitn Dei clopmen.t Department, subject to the follo%� in, conditions: a. De%eloper must execute a special a�,reemcnt (license to encroach) «ith the Citi For subdi\ision entrance features located in the Cit,, road right-of-��a\. before Final plat. b De\ eloper must pro\ ide auxilian ri,ht-turn lane ia_,ress along Po%yerline Road. sulhject to design appro% al b% the Citi Em-nneer. Lane must be constructed prior to final plat. e. A plan to a%old monotonous color schemes and elegyations Cor structures shall be submitted for staff appro% al prior to Final plat. Section 2. CO.NFLICT. All resolutions or parts of resolutions in conflict here« ith are hereby repealed, Section 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The t(Ue«o;n_ Resolution �\as 1110%ed for adopt1on h% CouncilIII eIII her Hill The rnotjon %\ Lis seconded hCOUncIImernher Coy and. upon hC1*1-put to a Note. the %ote �%as as tollm� s: Mawr Richard Gillmor aye "iceMayor Jerome Adams aye Councilmember Andrea Coy aye Councilmernber Jim Hill ave Councilmcmber Bob McPartlan aye The N[a\or thereupon declared this Resolution dul\ passed and adopted this 24th day of June. 201 j. CITY OF SEBASTIAN. FLORIDA Ric[iar 1 �Gillmor. Mawr -\TTEST: Sall% A. Maio. \I\IC Cit,, Clcrk -,pro\ ed as to term and content for reliance b, the Citi, of Sebastian only: /1 C Robert A. Ginshur-. Cit -O' Anortley Xyly SE13AST _ HOME OFPEUCANISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council iNleetin2 Date: 24 June 2015 Agenda Item Title: Sandcrest Subdivision Preliminary Development Plan/Plat Recommendation: Conduct Quasi -Judicial Public Hearing. Approve R-15-14. Background: The Sandcrest LLC property, located southwest of the intersection of Main Street and Powerline Road, has been rezoned to PUD -R and has received approval of a Conceptual Development Plan. The applicant now comes forward to Council for approval of the Preliminary Development Plan/Plat for the subject 13.01 acres with the full subdivision design. The project will include 64 single-family lots together with a 1.77 acre stormwater lake, a .30 acre recreational tract, and a number of open spaces tracts. One small tract will be dedicated to the City of Sebastian for additional road right-of-way on Bob Circle. The Planning and Zoning Commission reviewed the subject plan at a public hearing on 04 June 2015. By a vote of 7 in favor and 0 opposed, the Commission made a recommendation that the City Council approve the Sandcrest Preliminary Development Plan/Plat, with the conditions noted in the resolution. These conditions include a special agreement with the City to allow subdivision entrance features in the City ri?ht-of-way, an auxiliary varn lane on Powerline Road, and a non -monotonous plan for colors and elevations within tl` e subdivision. If Agenda Item Requires Exnenditure of Funds: N/A Administrative Services Department/CFO Review: '� l Attachments: 1. Resolution R-15-14. 2. Staff Report. 3. Application. 4. Plan/Plat approved by P&Z. 5. Preliminary Development Plan/Plat w/P&Z conditions and Technical Updates. City ivlanager Authorization: / '(71 Date: 17 June 2015 69 of 121 AiIRS Charities i Non -Profits Topics • A-7Index • Search for Chanties_ • Calendar of Events • Charity and Noncrof:t Audits • Free e-N_ewsietter • Online Training • Life Cycle • Taxoaver Bill of Riohts • Tax Exemot and Government Entities • Charities & Non -Profits Home Application for recognition of exemption To apply for recognition by the IRS of exempt status under section 501(c) of the Internal Revenue Code, most organizations use Form 1023, Application for Recognition of Exemption and the related instructions. (Organizations applying for recognition of exemption under a provision other than section 501(c)(3) generally use Form 1024.) The application must be complete and accompanied by the appropriate user fee. See Aoolication Prccess for a step-by-step review of what an organization needs to know and to do in order to apply for recognition by the IRS of tax-exempt status. 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Additional information: Freouentiv asked ouesdons- disclosure T D 881E (final disclosure regulations) Publication 557, Tax -Exempt Status for Your Organization Publication 4573, Group Exemptions Publication 1635, Understanding Your EIN Disclosure Reaurements Page Last Reviewed or Updated: 07 -Jul -2015