Loading...
HomeMy WebLinkAboutMinutes 10-29-2009 ART IN PUBLIC PLACES COMMITTEE MEETING Code Enforcement Conference Room October 29, 2009 Chairperson T. A. Wyner called the meeting to order at 03:30 p.m. Members Present : T. A. Wyner (Chair), Jack Connolly, Caryl Westergren, Ruby Jefferson, Nelson Merchan-Cely, Lee A.Drake and Joe Holiday. Members Absent: Marti Reno and James Gibson. Staff and Others Present : Gertrude Walker, Jon Ward, John Donlon, Reggan Ellis, Debra Magrann, Alison Divan, Naomi Bernstein, David Langley, Kelly Holiday, John Hayes, Heather Lueke, William Hoeffner, Suzanne Antonetti. Minutes Jack Connolly moved to approve the minutes of June 2009. Caryl Westergren seconded the motion. All in favor, motion passed. Jack Connolly moved to approve the minutes of August 2009. Nelson Merchan-Cely seconded the motion. All in favor (except T.A. Wyner, who abstained), motion passed. SUNSHINE LAW REQUIREMENTS Mr. Hoeffner informed the members there had been e-mails and other kind of communications between members of several committee and board members from different County advisory boards discussing issues that would potentially come up for voting before those boards. He stated the County Attorney’s Office had been going around the different committees explaining Florida Sunshine Law and clarifying on what these committee members can and cannot discuss among one another outside the public meetings. Mr. Hoeffner requested Assistant County Attorney Heather Lueke to explain what the Sunshine Law precludes AiPP members from doing; basically committee members can communicate among themselves on personal issues or issues that will not come up for discussion before the board they serve on. Mr. Hoeffner also requested that any issue members of the AiPP committee wish to consult about or bring up for discussion, to please address to him, as the county liaison in charge of this committee. T.A. asked for clarification as to discussing matters that had been already voted on and needed to be carried out by some committee members that had volunteered to work on the projects approved. Heather Lueke stated she understands committee members’ position as the Sunshine Law was devised primarily for elected officials who make decisions and are not involved in the process of carrying out the projects while volunteer committees have a harder time determining at what point project discussions violate Sunshine Laws. She offered as guidance that an issue can be discussed if it is improbable the issue will come up for vote again. However, making that determination is difficult and, as a general rule, issues should not be discussed outside advertised meetings. Heather Lueke also clarified that all means of communication are to be taken into consideration, including expecting a member of staff to pass information from one member to another (using staff as a conduit). She reiterated the importance of adhering to these rules, as this is a State Law for which there are penalties if violated. It is considered a misdemeanor (penalty is a fine or 30 1 days in jail). The County Attorney’s Office will not be able to protect any member from the consequences. Mr. Hoeffner also noted that communicating with staff by email and copying all members defeats the purpose of avoiding communication between members. Sending a copy to everyone when sending e-mails is the equivalent of having a discussion between committee members without prior announcement. ADVISORY COMMITTEE PROCEDURES Mr. Hoeffner provided members with a copy of the County recently adopted advisory committee procedures. He stated these procedures had been approved by the Board of County Commissioners (BOCC) in an attempt to unify and simplify the rules and procedures of all BOCC’s advisory committees. He added that, with the reductions in staff, it has become very difficult for staff to prepare for meetings. Given staff constraints, most advisory committees, including AiPP will now meet only on an as-needed basis, which is defined as only when there are issues that require a recommendation to the BOCC. Any member can request the County liaison to schedule meeting and, if it is a matter of sufficient substance to require a recommendation to the BOCC, a meeting can be called. Update on Arts and Cultural Alliance of St. Lucie (ACA) On September 2009 the ACA was officially designated by the BOCC as the county’s agency to receive the funds that come from the Florida Arts Specialty Plate. They have received their incorporation and are in the process of applying for their tax exemption status. The ACA was also granted funds to begin operations ($5,000) and to conduct a study ($50,000) to assess the current status of arts and culture in St. Lucie County and to assist the ACA in establishing project and funding priorities Proposed changes to the AiPP ordinance Mr. Hoeffner stated that due to the fact that the Cultural Affairs Council (CAC) is no longer in existence and due to references to the CAC in the current AiPP ordinance, the ordinance has to be amended. He noted that , as part of this amendment process, staff met with each of the individual County commissioners for their recommendations regarding the AiPP program. . In general the commissioners have expressed they are satisfied with the program and the changes they have considered are outlined in the agenda’s attachment D. Nevertheless, one important change is that although in the past any project that needed to be recommended to the BOCC would have to be approved by the CAC, in the new ordinance that step has been removed and projects will not go before the ACA for approval; the AiPP committee will report directly to the BOCC. The more major changes in the ordinance include the following: - Under the existing ordinance, all AiPP recommendations had to be approved by the CAC prior to being submitted to the BOCC. Under the proposed ordinance, the AiPP will make recommendations directly to the BOCC. - The proposed ordinance emphasizes an aspect of the existing ordinance, which is to begin the selection process of the art piece early during a capital project’s design phase in an effort to involve the capital project’s architect or designer in the development of the AiPP project. - The proposed ordinance recommends that the site for AiPP projects be evaluated for suitability. The ordinance no longer requires that the site of the capital project be the first 2 priority for placement of the artwork. The site for an artwork should be evaluated in terms of a master plan. - The proposed ordinance gives greater emphasis to the development of a master plan. - The proposed ordinance requires that the BOCC be provided with all submitted moquettes in addition to the Committee’s recommendation. - The proposed ordinance encourages greater community involvement in the selection of art works. - The proposed ordinance encourages a greater variety in the artworks (paintings, stained glass, frescoes, fountains, etc). - The proposed ordinance changes the selection of members for the AiPP committee. Update on AiPP Budget and on going Projects Mr. Hoeffner presented a summary of the funds available for AiPP projects and the most recent expenses and expenses that were due. He noted the Gateway project for the area of I-95 and Okeechobee Road would no longer be possible due to a lack of funding from Fort Pierce and significant right-of-way issues. Fenn Center, Lakewood Park and Avenue D projects are complete and there will be a ribbon cutting for the Avenue D Highwaymen Obelisk scheduled that will be handled by Lincoln Park Main Street. Highwaymen Obelisk ribbon cutting Mr. Hoeffner presented the budget forwarded by Lincoln Park Main Street for the Highwaymen Festival for AiPP committee members to approve. This expense is permissible within the parameters of art education and promotion expenses. Lee Drake moved to approve granting $4,000 to Lincoln Park Main Street to contribute to the Highwaymen Festival events which will include the ribbon cutting of the Highwaymen Obelisk. Caryl Westergren seconded the motion. All members present were in favor; motion passed. Ravenswood Pool Mural This project was set to go to the BOCC the following week, contract with the artist (Lori Quinlan) will be executed and she will be able to begin work. WOW III John Hayes showed a sample of the pieces being considered as well as a couple of pieces that have arrived. John mentioned he put great effort in having a much diversity as possible for the selected artists and we was looking at pieces that would come from as far as Tennessee and different areas from Florida. There was discussion on tying in the exhibit with the Public Arts Administrators conference and the participation the two cities will have with putting up the pieces. Nelson Merchan-Cely brought the issue of reaching out to the Spanish speaking population to inform them of these activities and stated he would be delighted to do so through his column if he is kept updated of such activities. Members stated they had material to submit and they would 3 first send to Mr. Hoeffner to pass on to Nelson once he clears with the Public Information Officer; Mr. Hoeffner clarified not all the material would require permission before being passed on to Nelson if they don’t involve the County or it is not stated as communication from the AiPP. Garden City Elementary Gates Mr. Hoeffner proposed he and Caryl, who is the chairperson for this committee, meet and discuss the project. It was agreed that Mr. Hoeffner is to contact the school principal and request from her a description of what they expect the project to be like. Highwaymen Mural in Avenue D th Street as part of the AiPP members had considered to put up a small mural on Avenue D/13 WOWIII exhibit. Mr. Hoeffner mentioned another Highwaymen mural is projected to be painted at the Avenue D intermodal facility and he inquired whether the small mural should still be pursued or if it would be better to find another location. Mr. Hoeffner is to research details on the mural proposed for the intermodal facility, which will be next to the fire station. Zora Memorial Art Piece Mr. Hoeffner stated he needed to advise the AiPP committee that this project should have gone to a call to artists because it is for more than $5,000 and it was brought before this committee for approval without complying with that step. Additionally, the artist was given verbal approval to proceed without an executed contract and had begun working on it, investing at least $8,000 in materials. For this reason, Mr. Hoeffner has had to discuss this proposal with each of the commissioners asking for input as to going before the board to request that they waive this step of the County’s purchasing procedures and approve to go forward with the project. The meeting adjourned at 5:55 p.m. Respectfully submitted, Suzanne Antonetti 4