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HomeMy WebLinkAboutAgenda 10-29-2009 ART IN PUBLIC PLACES COMMITTEE AGENDA October 29, 2009 – Thursday – 3:30 PM Code Compliance Conference Room 2300 Virginia Avenue Ft. Pierce, FL 34982 1. Minutes of 8/13/2009 Meeting 2. Florida Government in the Sunshine Laws (See Attachment A) 3. Advisory committee procedures (See Attachment B) 4. Update on Arts and Culture Alliance of St. Lucie (See Attachment C) 5. Proposed changes in AiPP ordinance due to sunset of the Cultural Affairs Council (See Attachment D) 6. AiPP budget 7. Status reports regarding AiPP projects ? Fenn Center (Jorge Blanco ‘Dynamics”) ? Lakewood Regional Park (Children of the World) ? Oxbow Eco-Center (Dennis Koval’s “Remnant #26”) ? Avenue D Obelisk (Stefanie Jaffe Werner “Highwaymen Obelisk”) Highwaymen Festival – Lincoln Park Mainstreet) ? Ravenswood Pool (Laurie Quinlan) ? Garden City Elementary ? MLK Park ? Fort Pierce Gateway ? Arts View ? Highwaymen Mural on Avenue D ? Archway for Zora Neale Hurston Grave 8. Other Business 9. Adjournment Attachment A Florida’s Government in the Sunshine Law What is the Sunshine Law? ? Florida's Government-in-the-Sunshine law provides a right of access to governmental proceedings at both the state and local levels. It applies to any gathering of two or more members of the same board to discuss some matter which will foresee ably come before that board for action. There is also a constitutionally guaranteed right of access. Virtually all state and local collegial public bodies are covered by the open meetings requirements with the exception of the judiciary and the state Legislature which has its own constitutional provision relating to access. What are the requirements of the Sunshine law? ? The Sunshine law requires that 1) meetings of boards or commissions must be open to the public; 2) reasonable notice of such meetings must be given, and 3) minutes of the meeting must be taken. What agencies are covered under the Sunshine Law? ? The Government-in-the-Sunshine Law applies to "any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision." Thus, it applies to public collegial bodies within the state at both the local as well as state level. It applies equally to elected or appointed boards or commissions. Are federal agencies covered by the Sunshine Law? ? Federal agencies operating in the state do not come under Florida's Sunshine law. Does the Sunshine Law apply to the Legislature? ? Florida's Constitution provides that meetings of the Legislature be open and noticed except those specifically exempted by the Legislature or specifically closed by the Constitution. Each house is responsible through its rules of procedures for interpreting, implementing and enforcing these provisions. Information on the rules governing openness in the Legislature can be obtained from the respective houses. Does the Sunshine Law apply to members-elect? ? Members-elect of public boards or commissions are covered by the Sunshine law immediately upon their election to public off ice. What qualifies as a meeting? ? The Sunshine law applies to all discussions or deliberations as well as the formal action taken by a board or commission. The law, in essence, is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. There is no requirement that a quorum be present for a meeting to be covered under the law. Can a public agency hold closed meetings? ? There are a limited number of exemptions which would allow a public agency to close a meeting. These include, but are not limited to, certain discussions with the board's attorney over pending litigation and portions of collective bargaining sessions. In addition, specific portions of meetings of some agencies (usually state agencies) may be closed when those agencies are making probable cause determinations or considering confidential records. Does the law require that a public meeting be audio taped? ? There is no requirement under the Sunshine law that tape recordings be made by a public board or commission, but if they are made, they become public records. Can a city restrict a citizen's right to speak at a meeting? ? Public agencies are allowed to adopt reasonable rules and regulations which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of the public attending. This includes limiting the amount of time an individual can speak and, when a large number of people attend and wish to speak, requesting that a representative of each side of the issue speak rather than every one present. As a private citizen, can I videotape a public meeting? ? A public board may not prohibit a citizen from videotaping a public meeting through the use of nondisruptive video recording devices. Can a board vote by secret ballot? ? The Sunshine law requires that meetings of public boards or commissions be "open to the public at all times." Thus, use of preassigned numbers, codes or secret ballots would violate the law. Can two members of a public board attend social functions together? ? Members of a public board are not prohibited under the Sunshine law from meeting together socially, provided that matters which may come before the board are not discussed at such gatherings. What is a public record? ? The Florida Supreme Court has determined that public records are all materials made or received by an agency in connection with official business which are used to perpetuate, communicate or formalize knowledge. They are not limited to traditional written documents. Tapes, photographs, films and sound recordings are also considered public records subject to inspection unless a statutory exemption exists. Can I request public documents over the telephone and do I have to tell ? why I want them? Nothing in the public records law requires that a request for public records be in writing or in person, although individuals may wish to make their request in writing to ensure they have an accurate record of what they requested. Unless otherwise exempted, a custodian of public records must honor a request for records, whether it is made in person, over the telephone, or in writing, provided the required fees are paid. In addition, nothing in the law requires the requestor to disclose the reason for the request. How much can an agency charge for public documents? ? The law provides that the custodian shall furnish a copy of public records upon payment of the fee prescribed by law. If no fee is prescribed, an agency is normally allowed to charge up to 15 cents per one-sided copy for copies that are 14" x 8 1/2" or less. A charge of up to $1 per copy may be assessed for a certified copy of a public record. If the nature and volume of the records to be copied requires extensive use of information technology resources or extensive clerical or supervisory assistance, or both, the agency may charge a reasonable service charge based on the actual cost incurred. Does an agency have to explain why it denies access to public records? ? A custodian of a public record who contends that the record or part of a record is exempt from inspection must state the basis for that exemption, including the statutory citation. Additionally, when asked, the custodian must state in writing the reasons for concluding the record is exempt. When does a document sent to a public agency become a public ? document? As soon as a document is received by a public agency, it becomes a public record, unless there is a legislatively created exemption which makes it confidential and not subject to disclosure. Are public employee personnel records considered public records? ? The rule on personnel records is the same as for other public documents ... unless the Legislature has specifically exempted an agency's personnel records or authorized the agency to adopt rules limiting public access to the records, personnel records are open to public inspection. There are, however, numerous statutory exemptions that apply to personnel records. Can an agency refuse to allow public records to be inspected or copied if ? requested to do so by the maker or sender of the documents? No. To allow the maker or sender of documents to dictate the circumstances under which documents are deemed confidential would permit private parties instead of the Legislature to determine which public records are public and which are not. Are arrest records public documents? ? Arrest reports prepared by a law enforcement agency after the arrest of a subject are generally considered to be open for public inspection. At the same time, however, certain information such as the identity of a sexual battery victim is exempt. Is an agency required to give out information from public records or ? produce public records in a particular form as requested by an individual? The Sunshine Law provides for a right of access to inspect and copy existing public records. It does not mandate that the custodian give out information from the records nor does it mandate that an agency create new records to accommodate a request for information. What agency can prosecute violators? ? The local state attorney has the statutory authority to prosecute alleged criminal violations of the open meetings and public records law. Certain civil remedies are also available. What is the difference between the Sunshine Amendment and the Sunshine ? Law? The Sunshine Amendment was added to Florida's Constitution in 1976 and provides for full and public disclosure of the financial interests of all public officers, candidates and employees. The Sunshine Law provides for open meetings for governmental boards How can I find out more about the open meetings and public records laws? ? Probably the most comprehensive guide to understanding the requirements and exemptions to Florida's open government laws is the Government-in-the- Sunshine manual compiled by the Attorney General's Office. The manual is updated each year and is available for purchase through the First Amendment First Foundation in Tallahassee. For information on obtaining a copy, contact the Amendment Foundation at (850) 224-4555 . Attachment B *** In reviewing this, please note the AiPP Committee is designated by the Board of County Commissioners as an ad hoc committee. Operational Procedures for St. Lucie County Board of County Commissioners (BOCC) Non-quasi-judicial Advisory Boards and Committees August 2009 The following procedures are applicable to all BOCC advisory committees/boards. When these operational procedures conflict with the resolution or other instrument creating an advisory committee/board or with any committee bylaws or procedures, these procedures will be followed unless the County Administrator approves an exception. However, these procedures will not supersede a County ordinance or other legal or grant requirements. Although these operational procedures do not apply to the Planning & Zoning Board and quasi-judicial committees/boards, they should serve as guidelines for the general operation of these boards. I. General Procedures 1. All advisory boards/committees will be assigned a category by the BOCC: a. Standing board/committee – meets at regularly scheduled meetings (monthly, bi- monthly, quarterly, etc.) to accomplish ongoing responsibilities; or b. Ad hoc board/committee – meets only when required to prepare and/or vote on a formal recommendation to the BOCC; or c. Special Task board/committee – established to accomplish a specific task(s) by a particular date, after which the board/committee will sunset. The timeline for accomplishment of task(s) may be extended by the BOCC. Attachment B indicates the assigned category for current advisory boards/committees. 2. Per Attachment B, all advisory boards and committees shall be subject to a review at least every five years. The review shall be conducted by the County Administrator or designee, in cooperation with the advisory board chair, and will include, but is not limited to, the following information: a. Date committee/board was established; b. Review of statutory or other legal requirements for committee/board, if any; c. Number of scheduled meetings per year and number of meetings conducted. For meetings that were cancelled, the reason(s) will be provided, i.e., lack of a quorum, no business, etc.; d. Purpose, goals and/or duties as stated in the resolution or instrument creating the committee/board. Any additional duties assigned by the BOCC will also be identified; e. Specific accomplishments of the committee/board related to goals, purpose and/or duties. 3. Following the review, the County Administrator will present recommendation(s) for BOCC consideration which may include, but are not limited to, revisions to committee/board membership, mission or goals, assigned category or sunset of committee/board. 4. Prior to establishing a new advisory board or committee, the BOCC will consider the potential for an existing board/committee to assume responsibilities or tasks. 5. Advisory boards/committees provide recommendations to the BOCC and are prohibited from submitting comments, opinions and recommendations to others, except as private citizens. The recommendations of a board/committee shall not be presented in any form as the position or recommendation of the BOCC, its members or County Administration. Advisory boards/committees and/or individual members shall not direct, manage or oversee County staff. 6. Members of BOCC advisory boards/committees shall comply with Florida’s Government-in-the-Sunshine laws. II. Meetings of Committees 1. Meetings of Standing boards/committees should be limited to no more than one per month. Ad hoc boards/committees meet only when required to prepare and/or vote on a formal recommendation to the BOCC. Special Task boards/committees may meet as required based on the needs created by their current special task(s). Special meetings of all boards/committees should only be called for time-sensitive, substantive issues. . 2. Meetings of all advisory boards/committees should be scheduled with a minimum of two weeks’ notice to the members. 3. All boards/committees should meet only when a quorum is expected to be present. Meetings should be limited to a maximum of 2 hours and a reasonable effort should be made to establish agendas which will not exceed this time limit. 4. The staff liaison will ensure that meeting notices and agendas are properly posted in a public location (typically the media bulletin board in Media Relations office) no less than 48 hours in advance of the meeting (unless additional notice is required by ordinance, statute, etc.) Meeting notices and agendas, as well as cancellations and location changes, must also be provided to Administration for posting on the County website and Administration Building monitors. Notice of meeting cancellations and/or location changes should be provided to members as soon as known and receipt of notice confirmed by the Department Director or designee. 5. Member attendance via phone or videoconference may not be counted toward establishment of a quorum. However, once a quorum is established, members attending via phone or videoconference may fully participate in meetings, including voting on advisory board/committee agenda items. 6. Meetings should be conducted during normal operating hours of the building in which they are held. After-hours meetings in the Administration Building may only be held in accordance with approved policy. 7. Agendas will be jointly established by the Chair and the staff liaison, who shall be the Department Director or designee. The agenda and related materials should be provided to members at least 5 days in advance of a meeting, preferably electronically. 8. Committee/board members should review agenda items prior to meetings. To maximize use of committee/board meeting time, non-substantive comments and questions should be submitted to or discussed with the staff liaison prior to the scheduled meeting time. 9. The staff liaison will ensure that attendance is taken and summary minutes provided for committee/board approval at the next scheduled meeting. Copies of approved minutes must be provided to the County Administrator’s office and kept on file in the department. Recording of advisory board/committee meetings is not required and verbatim minutes will not be taken or transcribed from any recordings. III. Membership 10. Department Directors or designees should provide an orientation for all new Committee members within 60 days of appointment or as soon as practical. Such orientation shall be documented and include a copy of these procedures, the instrument establishing the advisory board/committee and information provided by the County Attorney on the applicable requirements of Florida’s Government-in-the-Sunshine laws. 11. A member who is absent for three successive meetings, or more than three times in six months, is considered to have resigned, unless an excused absence is requested by the member and approved by the board/committee chair. 12. When a vacancy occurs, the staff liaison must notify the County Administrator’s office as soon as possible to initiate the appointment process. When the member represented an organization which is specified as a member of the committee, the staff liaison should contact the organization to request a new appointee. 13. Citizens may serve on a maximum of two BOCC advisory committees or boards at a time, unless prohibited by law. At-large appointees, including those representing an organization, shall serve no more than two full terms (or no more than eight years if terms are not specified) unless waived by the BOCC. Appointees of Constitutional Officers and individual Commissioners serve at the will of the Constitutional Officer or the Commissioner. 14. Standing and Ad hoc advisory boards/committees will elect a chair at the first meeting of each calendar year. Special Task boards/committees will elect a chair at the first meeting. No member shall serve more than two consecutive years as chair unless waived by the BOCC Attachment C Arts and Culture Alliance of St. Lucie Members Rita Stikelether Colleen Becht George Byfield Jennifer Camp Craig Mundt Jane Rowley Anthony Westbury Attachment D The current AiPP ordinance references the Cultural Affairs Council, which has been sunset by the Board of County Commissioners (BOCC). Given this, the AiPP ordinace has to be amended. An informal discussion has been conducted with BOCC members to discuss additional changes they would like to see incorporated into the plan at this time. These include the following. ? Delete references to Cultural Affairs Council and substitute with AiPP Committee. This will result in one less level of review for AiPP projects. ? Encourage early identification of the capital project and early development/design of the AiPP project (prior to capital project construction) so that architect is involved in the scope and scale of project. ? Encourage early assessment of capital projects to determine whether site is appropriate for an AiPP project. ? Encourage greater community involvement by involving community members in the project selection subcommittee and by providing an opportunity for the community to provide comment on proposed project alternatives. Submittal to the BOCC should include comments by public. ? Encourage greater variety in selections by encouraging both classic and contemporary submittals in the call to artists and by delineating acceptable forms of art for the site. ? Change membership of the AiPP committee to five members chosen by individual County Commissioners and two members chosen at large by the Board of County Commissioner from persons who are architects, designers, art educators, or other art professionals. ? Encourage art education. ? Consider not giving first priority for the use of funds generated by a capital project to the capital project site, but instead to projects delineated in a master plan.