Miami-Dade Legislative Item
File Number: 082335
   Clerk's Official Copy   

File Number: 082335 File Type: Resolution Status: Adopted
Version: 0 Reference: R-860-08 Control:
File Name: ART IN PUBLIC PLACES Introduced: 8/11/2008
Requester: NONE Cost: Final Action: 7/17/2008
Agenda Date: 7/17/2008 Agenda Item Number: 11A6
Notes: THIS IS FINAL VERSION AS ADOPTED. (also see 082156) Title: RESOLUTION REQUESTING COUNTY MAYOR OR DESIGNEE TO STUDY ART IN PUBLIC PLACES PROGRAM AND TO REPORT TO BOARD; REQUESTING THAT NO NEW ART IN PUBLIC PLACES CONTRACTS BE EXECUTED UNTIL THE REPORT IS SUBMITTED [SEE ORIGINAL ITEM UNDER FILE NO. 082156]
Indexes: ART IN PUBLIC PLACES
Sponsors: Natacha Seijas, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 8/11/2008 Assigned Deborah B. Mastin

Board of County Commissioners 7/17/2008 11A6 AMENDED Adopted as amended P
REPORT: Commissioner Moss questioned when the report requested in this proposed resolution would be presented to the County Commission. Commissioner Seijas explained this proposed resolution requested the Mayor provide the report to the County Commission before the September 2008 budget hearings. Discussion ensued between Commissioners Moss and Seijas regarding the intent of this proposed resolution. Commissioner Seijas clarified the request in this proposed resolution that no new art in public places contracts be executed until this study was furnished to the Commission should not stop any contracts that had already been issued. Responding to Commissioner Heyman’s question regarding the County entering into new Art in Public Places contracts, Mr. Michael Spring, Director, Department of Cultural Affairs, noted the County had not entered into any new contracts since he became responsible for the Art in Public Places program. He clarified Art in Public Places projects were done in a series of contracts, and the County needed to continue the contracting process for existing projects to complete them. Mr. Spring pointed out renovations and restorations by the County on pieces of art could be considered new contracts. In response to Commissioner Heyman’s inquiry regarding what constituted a new contract, First Assistant County Attorney Abigail Price-Williams advised Mr. Spring had described new projects, as opposed to new contracts. She recommended this proposed resolution be amended to clarify the Commission was requesting the County to not enter into any contracts for new projects. Commissioner Diaz asked that he be listed as a co-sponsor. Commissioner Seijas pointed out the intent of this proposed resolution was to provide a report on the Art in Public Places program before the County budget hearings. Responding to Commissioner Gimenez’s inquiry regarding the County incorporating a major project into the Art in Public Places report, First Assistant County Attorney Price-Williams advised the language of this proposed resolution did not allow a project to be incorporated. Hearing no other questions or comments, the Commission proceeded to vote on this proposed resolution, as amended to exclude ongoing Art in Public Places projects from the request in this proposed resolution that no new Art in Public Places contracts be executed.

Legislative Text


TITLE
RESOLUTION REQUESTING COUNTY MAYOR OR DESIGNEE TO STUDY ART IN PUBLIC PLACES PROGRAM AND TO REPORT TO BOARD; REQUESTING THAT NO NEW ART IN PUBLIC PLACES CONTRACTS BE EXECUTED UNTIL THE REPORT IS SUBMITTED

BODY
WHEREAS, Section 2-11.15 Code of Miami-Dade County establishes the County’s Art in Public Places Program, which requires the acquisition of works of art equivalent in value to not less than one and one-half percent of the construction cost of new governmental buildings, provided that no funds may be appropriated for this purpose from the ad valorem tax operations fund; and
WHEREAS, Administrative Order 3-11, which establishes the procedures to implement the Art in Public Places ordinance, was approved in 1989; and
WHEREAS, conditions in Miami-Dade County have changed since 1989, including the enactment of the General Obligation Bond program and additional security mandates from the Department of Homeland Security and other federal agencies; and
WHEREAS, on May 19, 2008, the County Manager published “A Guide to Art in Public Places”; and
WHEREAS, the County Manager has the authority pursuant to ordinance to execute Art in Public Places Program contracts without review or approval of this Board; and
WHEREAS, this Board has concerns about whether the Art in Public Places implementation procedures adequately address the current conditions in Miami-Dade County and whether a global examination of the program would be appropriate at this time; and
WHEREAS, the Mayor or his designated staff can support this Board in its legislative and policy-making deliberations by providing a study of the Art in Public Places operations, in light of changed conditions including but not limited to the general obligation bond program, the security and access mandates imposed by the Federal Government on capital projects, appropriateness of other infrastructure projects that do not provide shelter, and availability of specific funding sources for this program, in order to enable this Board to take appropriate action in the budget ordinance to be adopted in September, 2008,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board requests that the County Mayor or his designee conduct a study of the operations of the Art in Public Places Program and to furnish a report to this Board along with the distribution of materials to Commissioners in preparation for the first budget hearing. Such study shall include consideration of the General Obligation Bond projects, conditions created by security requirements of the Transportation Safety Administration, Department of Homeland Security, and other Federal Agencies, shall address issues concerning infrastructure improvements that do not provide shelter, and shall identify specific funding sources for art in public places projects. This Board further requests that no new art in public places projects shall be executed until this study is furnished to this Board. Existing and ongoing projects may be continued.



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