FOX POINT COMMUNITY GARDEN BOARD MEETING: 01.14.10 MINUTES
PRESENT: Angel, Thom, Keri, Edie, Norma, Joel, and Marcia
TREASURER’S REPORT (JOEL): 2009 Year-end income and expenses report submitted, voted to approve and unanimously approved.
CORPORATE: We are a domestic non-profit corporation but are not in compliance with corporate filing requirements.
TAX STATUS: As a non-profit organization we believe that we are not required to pay taxes but do not know if it is necessary to file for a tax-exempt status such as IRC 501(c)(5) status. Keri will check with an accountant to see what might be necessary for us to be in compliance as a non-profit. Is there anything additional we need to file with the State given our assets, budget, and operations.
[IRS Tax form 990 or 990EZ (with assets under $2500) is the correct form for a 501(c)(5) tax-exempt agricultural organization.
501(c)(5) Definition from IRS website:
Section 501(c)(5) provides for exemption of labor, agricultural or horticultural organizations. To be exempt, an organization must meet the following requirements:
- The net earnings of the organization may not inure to the benefit of any member; and
- The objects of the organization must be the betterment of conditions of those engaged in the pursuits of labor, agriculture, or horticulture, the improvement of the grade of their products, and the development of a higher degree of efficiency in their respective occupations.
Generally, an organization is not described in section 501(c)(5) if its principal activity is to receive, hold, invest, disburse, or
otherwise manage funds associated with savings or investment plans.Seeking legislation germane to the labor or agricultural organization's programs is recognized as a permissible means of attaining its exempt purposes. Thus, a section 501(c)(5) organization may further its exempt purposes through lobbying as its primary activity without jeopardizing its exempt status. However, a section 501(c)(5) organization that engages in lobbying may be required to either provide notice to its members regarding the percentage of dues paid that are applicable to lobbying activities or pay a proxy tax.
The exempt purposes of a labor or agricultural organization do not include direct or indirect participation or intervention in
political campaigns on behalf of or in opposition to any candidate for public office. A section 501(c)(5) labor or agricultural organization may engage in some political activities, however, so long as that is not its primary activity. However, any expenditures it makes for political activities may be subject to tax under section 527(f). For further information regarding political and lobbying activities of section 501(c) organizations . . . .
ANNUAL REPORT-- No annual report has been filed since incorporation. Edie will prepare back-reports and submit to State of Rhode Island. AND Edie will get a check from the Treasurer in advance of any payment of fees.
REGISTERED AGENT-- Sherri Griffin is still listed with Secretary of State- Corporations Division as the Garden’s registered agent. Norma Anderson volunteered to be new Registered Agent. Voted and unanimously approved. Edie will update any filings with
Secretary of State.
BYLAWS-- The following amendments to the Bylaws were proposed, voted on and unanimously approved effective immediately as follows:
- ARTICLE V : GARDEN MANAGER SECTION 1 reads: The Garden manager shall be responsible for the day-to-day
coordination and maintenance of the garden. His/her responsibilities include: dues and garden contract collection, making quarterly financial reports to the membership, Garden website, email account, and members database maintenance, Garden common space and shed maintenance, community outreach, processing and solicitation of new member, scheduling work days and Board meetings, project-specific fundraising, recording amendments made to the by-laws, an institutional memory development. The Garden manager shall be compensated in the amount of $2,500 per fiscal year. - ARTICLE V : GARDEN MANAGER SECTION 1 as amended to read: The Garden manager shall be responsible for
the day-to-day coordination and maintenance of the garden. His/her responsibilities include: dues and garden contract collection, making quarterly financial reports to the membership, Garden website, email account, and members database maintenance, Garden common space and shed maintenance, community outreach, processing and solicitation of new member, scheduling work days and Board meetings, project-specific fundraising, recording amendments made to the by-laws, an institutional memory development. The Garden manager shall be compensated in the amount of $2,500 per fiscal year that shall be paid in two equal installments of $1,250 on June 1st and December 1st. - ARTICLE II: MEMBERSHIP SECTION 1 reads: Membership shall consist of all persons who have signed a garden contract
and paid dues in the amount of $25 for a single plot and/or $50 for a double plot for the current calendar year. - ARTICLE II: MEMBERSHIP SECTION 1 as amended to read: Membership shall consist of all persons who have signed a garden contract and paid dues in the amount of $25 for a single plot and/or $50 $55 for a double plot for the current calendar year.
BEE KEEPER REPORT (ANGEL): The bee are clustering (for warmth) at this time of year. Rhode Island bee keepers do not wrap their hives. It is hopeful that since our hive was strong hive this past year, we will continue to remain disease free. A second hive to be purchased and placed in the terrace near the butterfly garden was proposed.
COMPOST: The Southside Community Land Trust [SCLT] has a grant to distribute compost to each of the City’s organic gardens. The City of Providence , Mayor David Cicilline, has agreed to supply trucks to distribute the compost. If the amount of compost received is not of a sufficient amount to benefit all of the garden, the Board will approve the purchase of additional compost to be delivered and paid for by the existing Garden funds. Some of the low-lying plots need soil to be built-up.
WEBSITE – (KERI WEBMASTER)To post acknowledgements (thank you) to recognize (as promised) the merchants who contributed to our Harvest Party. Individual thank-you notes have been mailed to all the donors of whom a valid address existed. WAIT-LIST: sign-up for a plot there is a wait-list for a garden plot will be placed on the web-site. For Privacy reasons, no information regarding names or numerical place on the list will be made public. Add a link to Organic Gardening Magazine http://www.organicgardening.com/.
GARDEN MANAGER: The candidates who applied for the 2010 Garden Manager position were interviews and the Board will consider the candidates until consensus is reached to offer the position to a candidate. Edie will write a formal letter for offer and acceptance of the position.
CALENDAR: The next meeting is 6:00PM Wednesday March 3, 2010 at the Portuguese Social Club.
- AGENDA March 3, 2010
- WELCOME NEW MANAGER
- 2010 GARDEN CALENDAR
- TREASURER’S REPORT
- CORPORATE FILINGS UPDATE
- BEES – SECOND HIVE PROPOSAL
RESPECTFULLY SUBMITTED-
/ EDIE
01.23.2010