2013-1219 Regular City Commission Meeting

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Summary Minutes Regular City Commission Meeting December l9,2013 Cite oC Sunny Isles Beach,Florida the things that grants are looking for. We will be a privately funded tax exempt organization that will partner with the City to accomplish four directives: 1) fostering civic engagement and social change through education, arts and culture and development and maintenance of infrastructure; 2)to cultivate the City of Sunny Isles Beach as a place for the arts,the creation and design of progressive urban spaces while fostering civic awareness in kids, adults and seniors; 3)to stimulate greater business,tourism,and public recognition of the importance of the arts to the public; and 4) to collaborate with other 501(c)(3) non-profits and cities for possible funding and booking and we are already doing that. Ms. Dannheisser said there are five stages to becoming a non-profit: 1) the visionary stage, and that is where we are right now;2)the planning stage; 3)file with the State of Florida;4) file with the federal government to receive a tax exempt status; and 5)then we do an annual finding. We structured it with a notion of a 501(c)(3), and this is strictly for charitable purposes. The other way she has seen it done is by a City Advisory Board or Arts Council where the board members are selected by Commissioners, although their decisions are independent. This is being done as an Advisory Board in Miami Beach, West Palm Beach and Delray Beach. Miami-Dade County does it as a foundation,as does Miami Gardens,and a number of other places. What is the driving decision maker here.the reason for a decision? A City Advisory Board has to cone within the constraints of every other public entity. You can't talk to each other in private, you have got to notice any kind of meetings,you have got to file financial disclosures, you have got to make all your records complete. All of these things would pertain to a City Advisory Board. The problem with this, it is not that we don't want transparency because anybody is welcome to look at the books and records of a 501(c)(3). Rather, we are trying to attract individuals to the Board, who can provide and secure financial support who will donate money, will be people of means who will assist us in this effort. They may be reticent to do that if they have to file a Financial Disclosure. While I suggest to you that in the first year of forming this 501(c)(3)while it is being funded by the City, the Commission will create the original Board. While there is a tremendous interaction with the Commission, we will subject ourselves to the Public Records and Sunshine Laws. But once it is off and running on its own and it is just partnering with the City,it won't suffer from those constraints,and she asked City Attorney Ottinot to render an opinion on this if we need to go in that direction. Mayor Edelcup said as a 501(c)(3) the people who hopefully will join that Board would be somewhat reluctant or we give them a negative to start off with by having to say that you have to comply to the Sunshine Law. If we get two members that are very close friends,now they can't meet together or if they do meet together there is going to be a perception that they are breaking the Sunshine Law. We have seen too many opportunities lost because of the fact that the Sunshine Law,even though it had good intentions and purposes in government, it doesn't always have the same consequences when you are trying to accomplish some greater goals. The Mayor thinks that freeing it up makes it much more palpable to get people involved particularly when you are going to be asking those people who may double team people for donations, if two of them want to talk to a prospect about it, they would not be able to. Also, he thinks when you are approaching other 501(c)(3)'s or other charitable institutions that have funding ability. there is a greater freedom of discourse between the 501(c)(3)'s and the people involved in both to be able to have that conversation and not be impeded by the potential of Sunshine Violations. Ms. Dannheisser said that these are very 3