Art in Public Places Board - Regular Meeting

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today we are going to dedicate ourselves to replacing the steel that is broken. It has steel raised due to the roots of the trees. The trees have already been cut, but we have to remove the stumps with the cooperation of operations. We already have Gisela and Alío from the operations department here, they are going to do the stump grinding and soon you will see how the steel is already clean and ready to be Normally we do two daily directions, that is, two calls of 311 daily. We have reached the end of our work, we have achieved a very safe wax, it was what we wanted.

You come to an intersection which is blocked by other traffic. You should, A, go slowly until the traffic ahead moves. B, get as close as possible to the other car. C, stay out of the intersection until you can pass through. D, sound your horn to make the cars move up. The correct answer, C. Entering a blocked intersection can cause gridlock and may be illegal. Only move forward when there's enough space for your vehicle to fully clear the intersection.

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Hello, my name is Lester Delgado. Welcome to Riverhouse Wine & Bar, and this is New in the Block. Miami Riverhouse is a collapse of the old world, the history of this place, with all the new cultural influence that we've had in our city all these years, and we blend everything in one place. Miami Riverhouse Wine & Bar is located inside the oldest operating hotel in Miami. We are in the River District, which is between Little Havana and Brickell. In Riverhouse Wine & Bar, you're going to find a piece of history, the architecture of the place, the blend of the nature with interior design that we've done. And you'll find here great music, you'll find here great vibes, you'll find here great food and great cocktails, as well as wines. We come from the hospitality industry in the hotels side. We all joined forces together and we couldn't be happier with the results. Miami is my hometown. I've seen the city grow into the metropolis that it is today and I can't think of a better place to start a business, especially in this industry which is a tough industry. We are the oldest hotel in Miami, so we're definitely here for the long run. Our idea is for this to be a place where you can create memories, where everybody comes together. It's that place that you feel that you're comfortable, you're at home without having to deal with the hustle and bustle of the city. So we're definitely looking into Riverhouse Wine & Bar to being here for many, many years for people to create good memories.

Kijan Okara Protein Incident 2.3 Illegal in Miami Reporting an illegal property incident is important in order to resolve the problem without losing time. Residents who report an incident should go to 911 for an act and 311 for a pre-exact law. If necessary, they should submit a report on our official website at miamiveroweb.com. to get rid of illegal waste. This is an important cooperation between the community and the environment. They are able to report all illegal waste Positive self-talk comes from finding positive voices. I block out the rest. Love, you're mine.

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La vida no se detiene y tu acceso a la información del gobierno local tampoco debería serlo. El servicio telefónico del 311 es tu conexión con todo lo que necesitas para obtener información sobre los servicios que brinda la ciudad de Miami.

Hi, I'm Ricardo Sargent, FDOT Project Administrator for the Southwest 8th Street Roadway Project. Our crew is installing a new overhead sign support on Southwest 4th Avenue to guide drivers exiting southbound I-95 towards Southwest 8th Street. This new sign will direct motorists towards downtown, Brickell Avenue, and the I-95 ramp, making it easier and safer to navigate the busy area.

Keep an eye out for this new sign.

It's here to help drivers get where they're going. For more information about this project, contact the person below.

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For all those who will be testifying, please raise your right hand. You solemnly affirm the testimony you will give today is the truth, the whole truth, and nothing but the truth. Thank you. Please be seated.

Thank you. May we have the lobbyist's note, please?

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Thank you. May we have a roll call, please?

Yes, Chair Francisco-Huritez? Here. Vice Chair Olga Granda? Here. Board Member Maria Napoles?

Here.

Board Member Nelson Delgado? Board Member Christina Cuervo?

Here.

Board Member Gary Feinberg?

Here.

Board Member Adalis Deyuri? Board Member Juan Valadez? Here. Board Member Jacqueline Roach?

Here.

We have Chrome.

Do we have any absence waivers today?

No, we do not, Chair.

And do we have any minutes?

No, we do not.

We already swore in the public. Okay. For our items, are we moving on anything first? Changing any order?

Through the chair, we are requesting to hear item number... for the Badia Senior Center after items one and two. We have the artist present for this one.

Thank you.

And we're also requesting to withdraw item number three. That is the ethics refresher. It's also listed on the agenda as a discussion item.

So it's going to remain a discussion item? Yes. Good, okay. Okay. Well, let's talk about number one and number two.

File number one, item number one, file the 18738, a resolution of the Art and Public Places Board approving the election of A PERSON TO SERVE AS A CHAIRPERSON DURING THE 2026 CALENDAR YEAR.

THANK YOU. WE FINALLY HAVE MORE THAN QUORUM AND NOW WE HAVE MORE BOARD MEMBERS THAT CAN MAKE THIS DECISION. I guess we should all nominate a person to serve as chairperson and a person to serve as vice chairperson.

I'll make a motion. Would you like a motion or would you like us each to name our desires?

Well, I'd like all the board members to express, if possible, what they would like, and then we'll We'll discuss it in the open.

Mr. Chair, if I may, if there are nominations for chair, you could take those first. So if anybody would like to make a nomination for chair.

Okay.

Okay.

I'll make a nomination to vote for Francisco to remain as chair.

There is an item with our rules and procedures that says that you must also acknowledge that it's a term that exceeds the three consecutive terms that are allowed by by the rules and procedures. So through a vote, you can continue. However, you just need to acknowledge that with that nomination.

Okay.

I would add that, but I guess if everyone else wants to comment, they can.

Okay.

Are there any other?

I would like to make a motion. Why, Mrs. Cuervo, we don't have a change?

Are there any other nominations for chair? You may also self-nominate.

You can make your nomination.

I would like to nominate you, Mrs. Cuervo. Yes, as a chairman. We are in the female month, women's month. And it would be, I think you are really prepared as well.

That's very kind of you.

Thank you.

You didn't expect that. I'd rather, let's listen to everybody else.

I mean, I would like to nominate Francisco again and Olga as the vice chair.

So if we can just do chair as item one and then move to item two.

Great.

And so there are two nominations for chair at this time.

What's the difference? Just join them all together. Okay, let's read item one and two. We're nominating chair and vice chair. I mean, it's a formality.

So you do have two nominations at this time for chair. Okay.

I'll also nominate then vice chair for Olga as vice chair.

I think they want us to move through the first. So do you want us to vote on the chair? Great. Yes. Okay. Do we need to make a motion?

Okay, so there's a motion and a second.

Yeah, I'll second Christina's motion.

Unless anybody wants to second Maria's motion, but I think we have a second here, so we can vote on it. You want to take a roll call?

Does the nominee have to accept?

Yes.

Yes, but let's take a vote first. Roll call vote, please.

And we'll add the language that you said, that the three-term, that we as a board are also voting on that a successive term be served past the three-term limit.

So are you declining the nomination then? For Francisco. You're nominating Francisco, I believe.

Was there another nomination for another chair?

For another person for chair. So typically there are nominations and you vote on who you would like between the two people.

Well, I think there's only two votes for Francisco and one vote for me. So, that's fine. I died. No more. That's fine.

I think Francisco had done an excellent job and he had conducted the business of the board in a very professional way, but I think a change, it will give us the opportunity to perceive the business of the board in different perspectives.

So I want to acknowledge your point of view, and I agree, and I think it's a wonderful nomination. At this moment, I'm going to support Chair Eretes, particularly because at this moment, we're dealing with a back and forth between him as our chair and the city with this issue with the city administration building. So specifically because of this interaction right now, I feel that it's an important time to keep him as chair, and I think that we should keep this in mind for next year. Since already this is an extension, I think let's kind of project that this would be his last term, since it's already one beyond, and we can prepare for next year.

With all the respect to your opinion, I would like to say that I've been here as long as this board started. You just knew into this. And this took me, well, I've been doing this for 18, 20 years. Reading this today, for me, was a really surprise. I don't think that we should handle matters in this way. I think Mrs. Cuervo has... the knowledge of all this that has happened since the beginning, and it will conduct us into a better process for the most important job that we have to do now with the Freedom Park. I don't think that this is going to conduct the board into an intelligent way.

Can we have two and take a vote?

If you would like to take a vote, you can. And so I believe the nomination is for the chair to remain in place.

Yeah.

Great. Well, one more note. Maria, I mean, thank you for sharing this. I think that it, being this chair, It takes a lot of time and energy and space. And I don't want to speak for Christina. She's an amazing person as well. But I don't know that she's able to carve out that much space in her head and her time for that.

Well, I've been watching Christina as well as Mr. Francisco. Francisco had done an amazing job. I just said it before.

Yeah.

But I think that we should refresh the way we looked, the work that we're doing. We should refresh this. I think that Cristina has more than plenty experience into this, unless she doesn't want to do it. I mean, this is not an imposition. I wish I can have the knowledge of English as well as you guys. I'm too old, and this is not my first language. And actually, most of all of us, the ones really involved with the arts. And this is my prerogative at this moment, not to deviate the attention of all the artists called that are coming. I mean, just to get into this kind of a nasty internal job that should be done maybe according to the law in a different way, but this particular office has been under a lot of pressure since the beginning, since Tomas Regalado actually was the one that brought a friend from California to here. And it has been a lot of back and forth with that office. And I don't think the local artists or even the state artists should pay for all of this little back and forth. I think that we should concentrate better and do our job of what we were actually called for.

Again, I don't see why we can't have two nominees and we take a vote.

I don't think there was a second on my nomination. Let's just vote on Francisco and let's see if it passes and then let's move on. I think that we've, you know, And I appreciate all your comments, Maria.

I think everybody, what's important, and the most important thing, is we all have an equal vote here.

And so we all can voice our opinions, and so being chair is, it is a good time consumption, but it is also, and Francisco's done a formidable job keeping us on track, but at the end of the day, we all have, the same vote, and it all carries the same weight. So I think that that's important, and I'm here to work cooperatively with the group, and I made the nomination for Francisco, so, and I think there's a second, so I think, Mr. Chair, if you're okay with it, I think we should vote.

We definitely need a roll call vote, please.

Christina Cuevo, board member Christina Cuevo? Yes. Board member Juan Valadez?

Yes.

Board member, I mean, Vice Chair, Olga Granda? Yes. Board member, Maria Napolis?

Yes, but again, I wanted to make sure that my opinion is taken in consideration. I don't think that we should deal or talk or resolve issues that are concerned to the board out of all the members together.

Board Member Christina Cuervo?

Yes.

I'm sorry, you were the first one, I'm sorry. Board Member Gary Feinberg?

Yes.

Board Member Juan Valadez?

Yes.

Board Member Jacqueline Roach? Yes. Motion passes seven to zero.

I accept. And I also, Maria, I hear you. and we will be discussing that at this very meeting. So I hear exactly what you're saying and we will be discussing it at this meeting and the item that I have proposed is precisely to address that. We will be discussing it because your opinions and your insights and our not only heard, but I mean, we respect them.

And I do respect your work. I know.

I know you do.

You know me. No, no, no, no.

This is, this is, this is, like I said, we're your, your, your thoughts and, you know, your comments are noted and I believe we'll be addressing them tonight. Um, further. Okay.

All right.

Thank you. Um, uh, This includes the note by the board that I can serve more than the term limit or three years and all that, right? Correct? It includes that comment?

As long as you guys stated on the record.

It was stated on the record. It was, it was, okay, good, thank you. All right, so now we can move to the vice chair.

Item number two, file ID 18738, a resolution of the Art and Public Places Board approving the election of a person to serve as a vice chair during the 2026 calendar year.

I'd like to make a motion to nominate Olga Granda for this role.

Thank you. Second.

Second by Ms. Napoles. I believe we can vote, please.

Board Member Juan Valadez?

Yes.

Board Member Maria Napoles? Yes. Board Member Gary Feinberg?

Yes.

Board Member Christina Cuevo? Yes. Board Member Jacqueline Roach? Yes. Vice Chair Olga Granda?

Yes.

Chair Francisco Heredia?

Yes.

Motion passes seven to zero.

Thank you. That's item number one, number two, and now we are moving to item number five, correct?

That's correct. Item number five, file ID 18963, a resolution of the Art and Public Places Board with attachments pursuant to Chapter 62, Article 16, entitled Art and Public Places of the Code of the City of Miami, Florida, as amended, approving the selection of Joyce Bile as a finalist artist in accordance with Section 62658, of the City Code for the Integration of Public Art at the Dr. Armando Medea Senior Center, located at 25 Time Miami Boulevard, Miami, Florida, 33144.

Good evening, members of the board. Next slide, please. You had a chance to hear about this item before. This is still Armando Badia Center located at 25 Tamiami Boulevard in the Flagami neighborhood, flying by the Tamiami Canal to its north and Calle Ocho to its south. The renovation and expansion of the Dr. Amanda Badia Senior Center included expanded green areas, new restroom facilities, new community room, classrooms, new computer lab, and a new gym. we were considering two different options for the art placement. This time, one of the confirmed sites for public art is the community gardening area, and this time we are revising the updated proposal by artist Joyce Billiard, who is present here today. identified area number one within that gardening area. Previously there were recessed voids inside the columns trellis. There were two feet eight inches in the width of the trellis and four feet space in between. We're also looking at identify area number two. This time it includes part of the fence and adjacent wall in the community gardening area. Artist Joyce Billet proposed a site-specific sculptural installation for one of the areas on Site 2, titled Bloom. It's a large-scale participatory sculptural installation integrating laser-cut painted metal with living nature orchids. It explores human connection to nature, community stewardship and engagement. The concept is developed in partnership with Fairchild Tropical Botanical Gardens. This is a different iteration of the proposed concept brought to you for your attention to accommodate functionality and access to seating areas. It still features organic cutout patterns inspired by leaf movement, offered integrated orchid mounting system, and it has a durable weather-appropriate finish. This is how it's going to look, just the sculptural part of it. We also have a second option, which is a proposed orchid wall adjacent to the gates in the gardening area. It also is done in blue tones that evoke calm, creativity, and focus. Orchids would be interwoven into metal structure. and visual transformation as plants bloom would be visible to the residents and visitors alike. The artist was offered a possibility to extend the gate sculpture to the edge of that wall, so the wall would become part of the installation. The wall that is currently featuring a wooden plant mount would become part of that installation. The reason we are considering that is because during the recent site visit, representatives of District 4 and the members of the staff discussed that it would be preferable to maintain the access of some of the light coming from the top and the side. of the gate, so that's why we offered an artist an opportunity to possibly consider moving the mounted, the structural composition a little bit to the right and encompassing the wall that is currently hosting a wooden plant base. And this is another option in terms of the pattern. There is another option proposed by Site 2 by Joyce. When PAC and District 4 reviewed the proposal, this option was not preferred due to the circulation and programming challenges. This option is called Portals, and the artist is here to speak a little bit more about it. We're now offering a few renderings so you can see it from a few different angles. the measurement of the space between the two columns is eight feet, four inches. And if the structure, the portal will be installed, the remaining area will be five feet, five inches, as you can see. These are our current options and Artis is here to answer your questions. Claire, we have three options. We do, but the first two are preferred by PAC and District 4.

Both or it's an or? It's still an or.

Both, but there is a preference towards option one, the first option with the strips attached to the sides of the trellis.

But we have to choose only one of them. Yes. And do you have still where Magnus' pieces are going to go? Are they still going inside those?

Here is where the Magnus' pieces is going to go. Okay, so it's not in the same space. It's a different side of the center. It's the front of the center, the wall that is adjacent to the front gate. Okay. Okay.

Can we see a close-up of the material, like how thick? And is it, it looks to me like it's a jagged edge.

So if you want to feature the very first slide of this part of the presentation, which is showed in a different color, but you will see a little bit better. The laser cut painted metal, the

and good evening board members really quickly and just wanted to introduce myself leo cosio chief of staff to commissioner ralph rosado district four um here to answer any questions you may have obviously this is important to us we're here um and as was stated uh she's correct the two options are our top options but really i leave it up to you to uh share your expertise and and uh and your thoughts why did why did you prefer um why do you prefer uh option one over option two

Can you go back to option one?

So for this one, we just felt like it was a nice accent. We thought it really enlivened the space with a little more color, but also didn't take away from the natural features that are already there. It's a really magical space. If you all haven't been, I really invite you to go. So it's already kind of very peaceful and very welcoming. And I think we needed some sort of little extra kind of accent to the space. That was our opinion. But again, we do love the other option as well. So we're very much kind of split on our preference there.

This is here.

Yeah.

for having me here and I'm glad I'm able to speak to the project and also thank you for sharing your thoughts.

Thank you for your beautiful work, really incredible. Could you read your name and address just for the record? Yes, of course.

Joyce Billet, 2600 Island Boulevard, Aventura, Florida. I was really leaning towards the last option that is not right now the preferred one, but I I did want to give you my thoughts on it and maybe address some of your concerns. Of course, this is for the community, and I want to make sure that it's something that will be useful for them and that they'll be happy with. But in terms of an art piece, I felt like this was more of a statement and that it would have more presence in the overall site. The concerns you shared I think was about accessibility and maybe blocking the passage, but there still is five and a half feet to travel through, which is a pretty wide passage and more than what is required by ADA. The other thought is maybe the edges could have been worrisome and that's something that is very valid, but since then, I've thought of adding this slip to the frame so that it would be completely protected on the edges. So I just wanted to give you my thoughts and kind of share that some of your concerns could be addressed and maybe we could still consider this option as something to have on site.

Can I ask a question? Would it limit the, I guess, impact of the piece if the portal frame was slightly thinner?

No, I don't think that would be an issue at all.

We would be open to that.

And I'm happy to discuss what dimensions work best for everyone, of course.

Great. Thank you.

Thank you.

Can you explain a little bit about, I think it's lovely, the maintenance of the flowers and how we see that evolving with time.

So this is in partnership with Fairchild Million Orchid Project, which is a project that they've implemented in Florida for a few years now where they have a lab where they grow orchids and to a certain stage that they can be outside attached to a tree and survive the the conditions of the exterior. So in working with the team from Million Orchid Project, they would be installing with the community the orchids and explaining how to maintain them. They've advised that the first 30 days, they need to be watered every day. And this can be done with a spray bottle and even a tube that's attached to the spray bottle. So it's a very simple process. And then over time, it just needs to be watered sporadically. So ideally, what they've recommended is to have a volunteer that would sort of spearhead that. It could be a few volunteers with a schedule on who does what, but have a person responsible. Of course, throughout this whole process, we'll have their support. And they do projects with school, and it's really a passion for them. They won't abandon the project if you need any support along the way in terms of maintenance.

Does the city have any agreement with Fairchild? We do not, no. Is that something we could look into?

I think that could be incorporated.

Like for the maintenance of this project and maybe some... some stipulation that they'll be on board.

Yeah, I think we can incorporate that into the artist agreement. The original Million Orchid project was like the native one. It's a small, I have a couple in my tree. I'm very happy they're surviving. So the orchids would be those orchids, or is it open to more of the colorful and different varieties? Because your renderings are beautiful, and it's a lot of color. But my experience is that they're kind of like

So these, actually, the wooden ones that you see on the screen was an installation I did in collaboration with Fairchild. And these were the orchids they provided. So I believe they have a lot of different species. And they would choose the ones that work best for the location and the installation and also our preferences in color. But they've had all sorts of different colors. And they grow as well. They kind of start to take over the structure.

Was Light and Shade considered?

Yes, I've showed this to the team at Fairchild, and they seem to be okay with these locations.

So in these programs that you create as an artist, the maintenance is part of what you propose, and in particular with these programs of flowering maintenance? Yes.

Not particularly. I can't commit to the maintenance, but support for it, advice for it, and help from Fairchild, that is the plan. But there is no maintenance provided on my end.

On your program, on your creation as an artist.

Yes, that's correct. All right.

Is there a plan if they fail, if they don't survive?

Well, one is the sculpture lives as a sculpture without the flowers. The other one is the plants can always be replaced. An orchid can be replaced if needed, but they do go through seasons and they should survive.

Do you believe if the third option is selected with a narrower frame, do you believe that the inside is missing something now because the art is on the outside? Because you were thinking about putting it in these, I imagine because it integrates with them and sitting and being around. This is kind of like just an entryway, right?

Yes, it is, but even the outdoor spaces feel indoors. It's very warm, so I have no issue with that at all, even if they're a little thinner.

Are people in wheelchairs wheeled through that doorway?

It is ADA accessible, too.

No, no, no, I know it's accessible width-wise, but... I mean, I'd be hesitant to make that doorway any narrower just out of the realization that somebody's going to hit those edges with a wheelchair, with a walker. I have to push my dad around in a wheelchair. Whatever the ADA is, is what it is. But the wider, the better. I mean, so I wouldn't recommend doing a portal there for that reason.

That was our hesitation overall. Again, happy to compromise, and I really do love it. I think it's gorgeous, as does the commissioner, but that was our initial concern as well.

How many of these portals are there? I see two here. Is it two?

It's two. That's correct.

And could you do one, like, towards the back there? Because I don't see the big, the whole layout. And then still do the skinny ones?

You know what I mean?

I'm not sure what... So, because you have the ones that frame the seating area, kind of. Yes. How is that in relationship to these two portals? Like, we could see the whole thing.

So, it would be...

Does it work if I...

I think it's this one.

To show the... Because this would be separate from the... Are they close to each other? They are very close to each other, but if we were to do the portals, then these vertical... structures wouldn't exist. It would be one or the other.

You couldn't do, because the two doorways, there's two. You couldn't do one of those and these, like kind of combine it?

We could potentially, yes, if we wanted, if that's something, you know.

I mean, if it's one of the portal and we select some of the structures to fit within the budget. Because that's kind of relating to each other as well, but I don't know where that big one is. Like where is that in relationship to these?

So it's actually right on the left side. It's the entry to this space where you have the vertical pieces. So it's very close. It's actually a pretty small space. So that could be something we consider if we wanted to do one portal versus two and then have some of these structures highlighted there.

Yeah, exactly.

Excuse me. Can you please speak into the microphone?

So the first portal will go on the very south, correct? This is one of the columns. And so this would be the entrance that is going to be covered by one of the portals. The next one is going to be across kind of like the walkway from here even more to the south, framing another entrance into a rather smaller gardening area of the same kind.

That's the one that was like towards the back where you have less possible bumping into, but it's still within the space.

And there's still gardening area there too. They're kind of like on two sides of the walkway to the park.

Did the PAC make any ADA considerations? Did they mention that they preferred option A because of ADA?

Because of ADA and concerns that even if somebody just leans on it at some point, people get disoriented, even younger people.

It is an issue.

The one that's the fence, where is that? Or is that a third option?

So if you can go back to the site plan, That's actually on the northern side right here. There is the fence and it kind of frames the building in an L shape. So because we're trying to maintain some of the light that is coming through and from the top, we're trying to extend, see if that wall could be extended into the, not only the fence, but existing wall. on the right of it. There is a bit of a corner there, so it's going to have to frame it in some way or extend it in a way that it makes sense. But Joyce is willing to work on that.

Joyce, are you concerned about that part, like, being in full sun, like, metal and touching it and getting hot or something like that? Like, I can see that skinnier wall place, you know?

It's actually pretty shady for most part of the day.

Is it? Yeah, there is a layer there currently where it has, like, little holes so the sun can come through. So, I mean, I'm sure the artist would have, Joyce, you'd have more expertise on that. But, right, you can see it there in the image. So that... It provides a little bit of shading already, so I'm not sure how hot the metal would get. Something that's installed in front of that, I'm not totally sure, but definitely it's not directly exposed to the sunlight.

I guess it depends on the time of day. Absolutely.

And Joyce, the rendings are great. I don't want to undercut that, but how does the orchid attach itself to metal?

We would create some hardware pieces with the fabricator to attach to the fence to the existing structure.

Wait, no, I'm sorry, the orchid itself, like as it grows and it's roots.

Oh, sorry, the orchid, I thought you were telling me. The orchid, so there's specific wires that attach around the open structures. So, you know, we use the two openings to be able to wrap it around. A little bit as the same system as a tree, except it's a narrower surface.

So really quick, the original option that was considered, I think, by the PAC, by the public art committee was to cover the whole fence that you see there. And we said we wanted to keep that natural lighting coming in just a bit. So we were open to allowing that left panel towards the corner, that left panel would still be exposed, and then the piece would begin on the right image that you see there, just that individual panel, and extend into the white wall that you see there. just adjusted the positioning a little bit and we thought it'd be a really interesting feature so that it wraps around both the fence and the wall. Just kind of blending these two pieces together.

Something like this, but just maybe a little bit shorter on the left side so there is more space in the corner.

My only concern with that was that the space on the right side that is not represented here in the renderings has these double doors that open to that corner. So if people were to interact with the wall, it's not an ideal spot. I would say that's the reason why I had preferred to focus on the fence area rather than going into that wall there. Understood.

What's currently on that wall? Looks like the horizontal wooden, what is that?

That's where they already do some planting. They're not orchids, but they're air plants as well.

Does that stay?

I think that would be replaced if we go with this option, if the center is open to it.

Yes. Basically, they would have this sculpture to work with their plants, even air plants.

Joyce is open to opening the sculpture to other plants to join if the sculpture grows that way.

What Fairchild does as well, they use air plants.

Then I believe there are two different patterns. Two options that Joyce offered. Can you speak to what they represent or how you came to these patterns?

This one is the preferred one and the one I usually create these types of installations with. The other one was another option when we were considering different forms, specifically the wider vertical ones. I thought it worked better. But I... I prefer the very vertical one, and I think it works better with the plants as well for attachment. But I just wanted to give another option.

Does it represent something in particular?

It's different paintings that I created from plant material, so it's very abstract forms. One is more vertical, one is more horizontal, and maybe organic, you know, rather. So it's really... Aesthetic preference, but I do feel like the vertical one works better with plants in general.

I agree on that with you.

We vote on which option, right?

Yes, I'm just a comment on ADA. I mean, you know, it's... You never know what can happen. Correct? And, you know, even reducing that, yes, maybe a wheelchair goes, but maybe someday we need to push a bed through there or we need to push something else. And so maybe we, you know, this is a senior center, so we may be a little bit constrained by ADA. I, you know, if the PAC has already analyzed this and prefer option A and so does the commissioner's office as well, or option A and option B, I would feel more comfortable with those options just because of the ADA restrictions. I don't know about the rest.

So then do we have a preference between the thin ones versus the fence?

Option one is the trellis. Option B is an orchid wall by the gate. All right, this one.

This is A.

We could, yes. We could as well. I'm making a comment for me personally that if that portal really is an access for these seniors, I mean, if it's something more to the side and really it's not really a useful access or anything like that, sure. But if it's a means of egress or ingress, you know.

I mean, I would love if it's possible to keep one of the portals.

Of course, I don't want to take any risks and disturb people. the community there. I did do some research and five feet five is quite a wide opening, but I don't want to push if anybody has concerns around that.

Could we do it safely? If we can do it safely.

Because I know it's hard to read in the renderings.

There isn't traffic through that portal.

It's a quite, you know, large, really large opening. It's more of a portal than a traffic... Maybe Irina can speak better to it than me, but last time I went, it's right next to the gym area.

So the only thing is that they are planning to open those doors that lead from the gym area into this gardening area to have the space unified and have the inside outside together. So depending on what kind of activities they plan there, it's probably also... needs to be taken into account.

The ones, the one on the trellis, they're against the wall. They're against the wall. Why not, the portal, why not do it against, you know, same thing but a frame against the wall and not an inlay, you know?

There was a concern around too much sunlight because then we don't have that much shade there. But yes, that's definitely a good option if we...

Option one was revised, right? Wasn't originally the seats blocked in some way?

Yes, that was already to accommodate the comment we received from PAC and from the board last time.

You as an artist, which one is your option, the one that you prefer?

I love, love, love the portals. That's basically the one that I feel is really a statement and an art piece. The other ones are really nice too, but they feel a bit more forced into the space.

Thank you.

So just to confirm, both of them have a lot of traffic, not just the first one. Both of them.

To be clear, the rear one does have much less traffic, at least currently, but the one in front absolutely does have more traffic. So currently there's some landscaping equipment which is used for taking care of that small arrangement that you saw earlier. Beyond that, that space is currently underutilized, but we do plan to activate it a bit more. It's still never going to see the amount of traffic that that front space is already currently getting.

It's not an exit from the building or anything?

No, it's not.

And you feel like this edge that you've looked into putting will make it smooth enough that people won't?

The idea is really to cap the edge, almost to have a frame that would close off that edge so that it's not sharp anymore.

I mean, I appreciate how this is more impactful, and the concept of portals, I think that's a beautiful statement, and I understand it. I do have concerns about people jamming into it and getting hurt, but if the powers that need to approve those things, code-related or fire or whatever it is, approve it, then I would support it.

Is there the budget for both one portal and the trellises?

We tried to measure, and Joyce correct me because Joyce has the prices and talked with fabricators and has the quotes, but if $20,000 that is currently designated for this installation was enough to... embrace the orchid wall, then I believe comparing the measurements, it should be enough for the strips of encompassing the trellis and maybe a portal.

So I think if we were to do one portal and focus on the main area for the strips, it could work with the budget. I would have to, you know, make sure I'm correct, but Otherwise, maybe we could slightly adjust some dimensions or have four trellis versus five, you know, to still have the highlights. But if we were to remove one portal, I believe that we could have some of those there as well.

And with any portal, we still very much would like to make it just a bit thinner, if possible.

So, yeah, we should fit in.

So maybe between the two. It's a good...

I think if that's a good compromise, I can make a motion to approve that. Does that work? Okay, so number five, right? So a motion to pass AIPP Resolution 18963, a resolution of the Art in Public Places Board with attachments pursuing to Chapter 62, Article 16, entitled Art in Public Places of the Code of the City of Miami, Florida, as amended, approving the selection of Joyce Billet as a finalist artist in accordance with Section 62658 of the City Code for the Integration of Public Art, at the Dr. Badia Senior Center located at 25 Tamiami Boulevard, Miami, Florida, 33134, and specifically selecting one portal with dimensions reduced and the remaining to be the trellises, as many as possible, fit within the budget.

Second.

Second by Ms. Napoles. Let's have a roll call vote, please.

Vice Chair Olga Granda? Yes. Board Member Maria Napoles? Yes. Board Member Juan Valadez?

Yes.

Board Member Gary Feinberg?

No, I prefer option A.

Board Member Christina Cuervo?

Yes.

Board Member Jacqueline Roach?

Yes.

Chair Francisco Juarez?

Yes.

Motion passes six to one, and this decision is final unless a division of hearing boards receives an appeal within 15 days.

Thank you for coming in here.

Thank you very much. This is lovely. The seniors are going to love this, I'm sure.

Thank you. Thank you. I'm sorry, Chair. Pardon me for just a second, please. I know we did the vote regarding chair. I did not collect your vote. I didn't hear you, so I just wanted to know if you said yes or no for the record.

Yes.

Thank you. For the record.

Thank you.

Thank you.

Very good. Very good. Thank you. Thank you for noticing that. because the number six is rather quick it's more of formality please can you present number item number six yes

Item number six, file ID 18985, a resolution of the Art in Public Places Board recommending to the Miami City Commission approval of an ordinance amending chapter 62 of the Code of the City of Miami, Florida as amended, titled Planning and Zoning, more particularly by amending article 16.

seven title historic preservation board and article 16 title art in public places to modify board appointments making findings containing a severability clause and providing for an effective date i do have a quick presentation but there is for the overview this is modifying chapter 62 for the art and public places board as well as the historic and environmental preservation board in your In Chapter 62, there is a provision that requires us to run a 30-day notice for all board appointments, both for HEP and for AIPP. I don't know that HEP has ever actually run one. However, board members are still appointed through the commissioners. And so we find that most of board appointments for both HEP and AIPP are sourced through the commissioners instead of the newspaper ad. So this just simply eliminates the ad process, that's all. For HEPP, it does slightly end up reconfiguring their board. For AIPP, it does nothing to the board configuration or qualifications.

And this is intended to make the appointment easier, correct? Shorter, faster?

So it is intended to make it shorter and faster. The clerk updated chapter two of city code in March of 2025. And that's part of the audit that we did when we were looking at this. So they updated it and moved board appointments to a quarterly process. So they're appointed now on a quarterly basis as opposed to every month or whenever a commissioner wants them to. Commissioners can, in writing, ask the clerk to appoint members if it's a time-sensitive matter, whatever that may mean. So, this better aligns our board appointments for HEP and AIPP with the uptake to Chapter 2, as well as eliminates the 30-day notice plus the five-day posting, and then allows the commissioners to appoint their board members actually in the manner in which they've been doing it. It does slightly, just to be cleared, it does slightly realign the HEP board. So currently there are nine members and one alternate member to the HEP board. So when I had to rewrite the language for the HEP board, it ended up making sense to move it to 10 members for HEP board and one alternate member. So this actually allows the commissioners for HEP to appoint two members each and then the alternate members appointed by the mayor. For AIPP, there is no reconfiguration of the board or changes to qualifications. All we're doing is simply eliminating this language.

We still have two vacancies and one functional vacancy because Nelson hasn't attended for a little while. So we're still missing the board member from District 3, and the member at large from the Miami Dade Public Schools. Where are we on both of those?

And on Nelson Delgado. So we did look into how we report our hearing board's team reports to the clerk, the attendants. So hearing boards, which is our team that manages all of our boards and commissions, including this one, or sorry, boards and committees, reports um attendance to the clerk the clerk then holds that information for commissioners if they so ask so we have now started what we um are doing is a quarterly report attendance report and that will go to um that will go out to the boards and our committees as well as to commissioners or to their staffs so that they will have that information available to them Again, whatever they choose to do with that information is up to them. So they are not, they do not have to appoint anybody if they so choose not to.

But now they'll receive the report every quarter.

They will be, our first one will go out in March. And so we do have a, we have started collecting in all the information for that report. And so we'll start sending those out on a quarterly basis.

I think the chair was also asking Indra specifically if she's reached out to Nelson because we've brought that up at other meetings.

We have reached out to the members and we've also reached out to the clerk's office to notify about the attendance issues so that they can pass it on to the commissioners as well.

Has Nelson responded? No.

So you've sent him communications and he doesn't respond?

We have called him, and in the past we have communicated this to Member Nelson.

Can you send him a communication in writing?

Yes.

Okay. Send him another one, please, in writing.

Okay.

So please communicate with you and see, you know.

And or asking him to resign if he is not able to attend.

Or to come. So that's something that would need to come from the commissioner. That cannot come from staff. Again, that's why we can provide this information to the commissioner.

It's coming from the chair. I'm not asking the staff to tell Nelson to resign. I'm asking staff, I've asked the staff for quite some time now, to talk to Nelson Delgado to either attend our meetings or please, from the chair, from the chair, please attend our meetings or resign.

I think we can rule out.

This has been communicated to him.

I think we can rule out the first of your suggestions in attending the meetings. He's very clearly, I think, don't even mention that, really.

Yeah, I mean, so we can move forward with the commissioner and we can let him know that we need to fill a vacancy.

Aren't there attendance requirements set forth in?

There are attendance requirements set forth in Chapter 2. Again, so that is a reason that a board member can be replaced within their term. So if they are within their term, they've missed X amount of meetings, and they don't have an absent waiver, then a commissioner can choose to replace them. The commissioner does not have to. I mean, a commissioner does not also have to appoint anybody to the board.

Yeah, no, of course. Of course. You know, commissioner can decide.

Bella, this is District 1.

For instance, in the Arsenal Entertainment Council, we have this situation all the time where a particular commissioner, for whatever reason, appointed someone and doesn't want to appoint somebody else. And I think that The conclusion was that the commissioner have the right to just pass the request and do nothing about it. And I cannot understand that in either because this is a community work that is our responsibility to be present. And I think we should enforce this. I don't know if the law allow that.

That's why I think that we can, you know, we talk to Nelson and explain this, he should be okay with it. The thing is that we haven't. We haven't been able to contact him. So let's reach out in writing. You see?

You were saying? What do the attendance requirements mean? Are they meaningless?

That is at the discretion of the commissioner.

So they are, in fact, they're meaningless. I mean, the commissioner can do whatever he wants. Or she.

Basically, yes.

I mean, I was hopeful at last meeting since Commissioner Gabela's representative was here, and there had been such an issue with the art in their district that they would understand, well, this is your representative's responsibility. I mean, has that kind of been reiterated to them?

We have communicated with the District 1 office, and they said, Sent forward an interest from an applicant to the clerk's office. The clerk's office has been trying to contact the applicant and hasn't received response, but they have been seemingly actively trying to replace Member Delgado.

We've also received instruction from the clerks that those applications have to come through this 30-day notice, so that it would make it easier for our commissioners to appoint people if we didn't have this 30-day notice as well.

So what is the attendance requirement again? So I understand that the commissioner can decide in the end to keep, to keep, to replace, to name a new one. You know, of course they can. But what are the attendance requirements and what's the process? Like Nansun has missed 90, 95% of our meetings, I would say, in the past two years. And so, so how does the commissioner even know that they're, their appointed board member is missing all of these meetings. Have you communicated this officially to the commissioner and said, this is his attendance record and we have a problem with the code here?

So again, previously the way that attendance is communicated to commissioners is it's communicated to the clerk's office and the clerk holds that on file if commissioners so choose to ask for that information. That is why we are beginning to take a more proactive approach for all of our boards and commissions and do a quarterly report.

Until now.

All right, let's vote on this item, and we'll see after you submit this quarterly report what the next steps are.

Indra, can you also answer though about the board member, the school representative?

I have been in touch with the school board as well. I've reached out multiple times about the representative. I have not received an appointee yet.

Not a student, but yeah, it could be a teacher. It's a representative from the school board. It doesn't necessarily have to be a teacher.

So if someone is interested who's in the school system, they would have to apply through the school board or through you?

They would have to reach out to the school board and have the school board offer them. And who in the school board would that be? I can send you the information of the person I've been reaching out to. Okay.

Send us all, please, again, all of the forms to submit applications to this board. Send it to all of the board members here. If anybody has any person to submit for any of these vacancies, please forward the application, and let's see if we can recruit to fill out our board.

Thank you.

Are there any other questions regarding this item? Please, can we make a motion?

Make a motion for AIPP Resolution 18985, a resolution of the Miami Art and Public Places Board recommending to the Miami City Commission approval of an ordinance amending Chapter 62 of the Code of the City of Miami, Florida, as amended, titled Planning and Zoning, more particularly by amending Article 7, titled Historic and Environmental Preservation Board and Article 8. 16 titled art in public places to modify board appointments making findings containing a severability clause and providing for an effective date And I would just add that the first report quarterly report is going out this month, correct?

So it will go out after all of the March meetings for hearing boards conclude Okay, so we do have several more meetings to get through this month I do want to note that this legislation would most likely not appear for a commission vote until April and and then be adopted until May, based on our legislative process. So it would be just in time for June appointments.

Yeah, well, the legislation isn't really, our concern is more with the vacancies on the board. So if we can get that report by the end of the month, and all of these issues are in that report by the end of the month. All right, so who second the motion? I'll second. Second by, I believe, Ms. Roche, right? Ms. Roche, second the motion. All those in favor, say aye. Aye. Any against?

No. Motion passes, seven to zero.

Thank you, Florence. So, the next item, I'm going to take the word here. The next item is a resolution that I submitted recommending an amendment to the master plan, the interim master plan that we have approved, to add a new section on program administration. The master plan currently has no section on how the program is administered, how the projects get to the board, or how information flows between departments and this board. That gap has caused real problems, and this resolution addresses it. For the record, I submitted two versions of this resolution. Staff published the first version on the agenda. Less than 30 minutes before this meeting, staff substituted it with the second version without informing me and without notice to the board. The findings in both versions are the same. The only difference is whether the amendment includes the special projects divisions. It should, because that's where the capital project pipeline is. That is where public art obligations originate. And that is how this program was structured when we formed the program in 2017. I believe that, you know, there have been several issues, as Ms. Napoles had you know, commented. And I agree with her that this is not the forum to, you know, bring out all of these issues. But suffice to say that when we created this program, and for several years, for many years, after we created this program, it worked. And we had access to timely information, and we had budgets, and there was never a call to artists. without that project, the scope, the budget, everything else being reviewed by the board. And so the program worked. And we didn't have these issues. And every time that the board requested information on a project, staff provided information. And when... The board requested information on the larger capital projects of the city. Staff was well informed of these capital projects, knew what was coming in the pipeline, knew how much was assigned to the budget for all of these projects, and could provide the public art advice, really, that we're requesting from staff. And so I'm not sure why. this administration decided to remove the public art division from under special projects. But by doing so, we lost the connection that the public art division had to the public, to the capital projects pipeline. Remember that the 1.5 public art fee applies to any government or private construction on government property. So it's imperative for the public art division to have visibility into that pipeline, to understand what's coming, to understand the cost, to understand the relevance, and to be able to enforce. Chapter 62 in Article 11 of the public art in the city of Miami. And so what this resolution is trying to do is reaffirming the role of the board in not only the final approval, this board isn't a board for, this board doesn't provide feedback.

That's not the role of this board.

This board by law either approves, recommends to approve, or denies. And it does so after having reviewed the scope, the budget, you know, all of the considerations. And it should have the assistance of all of the city departments, not just the public art division, but also the planning department and other city departments, as well as the city manager and everybody else, So the intent of this resolution is to reaffirm that the public art division shall present the project to the board with a proposed scope, preliminary budget, recommended selection, methodology, and timeline. No request for qualification, request for proposal called or artists or other public solicitation for a public art project shall be issued until the board has reviewed and approved the project scope, budget allocation, and selection method at a publicly noticed meeting. All of this is already in Chapter 62 and Article 11, but it seems as though we have to reaffirm this. And so I'm proposing this amendment to the master plan The only substitution that I would recommend in paragraph three of the program administration, I would add, The Public Art Division should have direct and timely access to information regarding all capital city projects, major development applications, infrastructure investments, and any other projects or developments that may trigger public art obligations under the City Code or the Miami 21 Code. I would add, to that end, the Public Art Division shall operate under the direction and supervision of the Special Projects Division of the Planning Department. And then it would continue. All city departments shall furnish records and information, as may be required of the AIPP Board, upon request and within a reasonable time, consistent with Section 62-655-D6 of the City Code, et cetera. I would like to open for discussion before making any motions. But I would like to hear your opinions as my board members. A few of you have been with me since 2017. So, you know, the intent is to get back to what we had before, the organization that we had before. So I'll leave the floor.

I have a few questions about the divorce by law. Does the City of Miami Public Art Office, the manager, who has the right to overrule whatever we decide or vote here in any particular business, with developers or, for instance, this big project of the Freedom Park. Sometimes developers, they come with, I should say, somebody, politicians or people people that have the power, economical power in this big business. Does the art in public places have the right over the board to meet with these people and sometimes they have their own artists in their own projects and they come with their own developer projects. Do you have the right to meet with these people and take your own decisions according to the benefit of the city over us.

So when there's a project that is subject to the public art and places criteria in Miami 21, they have two options. They can proffer art to the board that is the equivalent of 1.5%. If there is remaining budget left over from that 1.5%, so let's say they proffer a piece of art to you that is only 1%, there's a half percent. You guys can allocate that half percent based on Miami 21. There's criteria set forward. The other option is that a developer or the city can pay into the public art fund 1.5% of their construction costs. The public art fund, that 1.5% is then divvied up as per chapter 62. So whether they choose option A or option B, if they choose option A, they can do their own call to artists. They bring the art to you. You have the right to approve it or deny it. And if you deny it, they have the right to appeal it to city commissions. If they pay into the 1.5%, then we typically do the call to artists. It goes through the PAC. It comes to you for approval. Once again, if the manager doesn't like whatever you decide or a commissioner doesn't or an aggrieved party, it can also be appealed to city commission. So staff does not have the ability to approve or deny art. It can only be approved or denied by the board in either option.

Thank you. I'm sorry.

Of course, the decision may be appealed to city commission.

Thank you. Question. You said option A and option B. Option B is paying into the fund. Where do you get option A?

Option A is in Miami 21.

Article 11, right?

Article 11, yes.

Where is it? For example, Freedom Park. You mentioned that Freedom Park has option A and option B. Where is option A?

So, at this point... Let me read.

11.7 Government Development Projects Public Art Requirement. Subsection B. Private funds used for government development projects on land owned by the city, county, state, federal, or any other governmental agency and on private property are subject to a 1.5% public art fee to be paid into the fund prior to issuance of a master building permit. So... Where is option A?

So option A, all developers for government development projects shall provide for the acquisition of art equivalent not less to the value of one and a half percent of project costs for all government development projects.

But those aren't private funds.

They are acting under a developer agreement with the city of Miami.

Well, but this is private funds. The private funds is subsection B.

Under the definition of government development projects, they meet the criteria for option A. I disagree.

I disagree. It's a private fund. Private funds used for government development projects on land, the fee must be paid into the fund. There is no option A for private developments on government property. There is none. You're mentioning subsection A, which applies to government development projects. DEVELOPERS ON, FOR PUBLIC DEVELOPERS, DEVELOPING ON... CAN WE HEAR FROM THE CITY ATTORNEY ON THIS? YEAH, SURE.

SURE, IF I MAY, A GOVERNMENT DEVELOPMENT PROJECT IS ANY DEVELOPMENT INITIATED BY A GOVERNMENT AGENCY AS DEFINED IN ARTICLE 1 OF THIS CODE AND SECTION 2-11.15 OF THE MIAMI-DADE COUNTY CODE AS AMENDED, INCLUDING REMODELING, CONSTRUCTION, OR REDEVELOPMENT, WHICH REQUIRES A BUILDING PERMIT

or permits described on the precise plan submitted for approval to the city. For purposes of this article, government development projects shall also include private sector capital development on land owned by the government or on land, private land with a structure owned by the government, development projects done through agreements with a private entity, including but not limited to leases or development agreements, which is what I believe the assistant director has mentioned. and the government contracts with another party to develop a structure that the government will own now or in the future.

Sorry, if it includes all development, then why does a subsection B exist for private funds? Why is it specific for private funds used for government development projects? Why is there a specific ordinance B? If what you're saying is everything fits in ordinance A, Why is there a specific ordinance B? Why isn't there an ordinance A and B for everything?

So my understanding is there option A, so they can bring forward the art, or option B is to pay into the fund.

You're calling it an option, but it's an ordinance. So it's not necessarily an option. You're saying it's an option, but I'm saying it's not an option. Ordinance A applies to a certain type of development. Ordinance B applies to private funds used for government development projects. It's very specific.

If the government development project does not want to bring forth art in the equivalent of 1.5% for you to either deny or approve, they may pay into the public art fund at the equivalent of the 1.5%.

So, in other words, if I'm understanding this, is the option of your office?

It is not the option of my office.

All right. So, that would be... This kind of a proposal from developers will come to your office first, but you will present the proposal to us.

Correct. So typically what happens is most of our projects are done through the Office of Capital Improvements, and they transfer the 1.5% to the public art funds, and then we follow the process that's set forward through the master plan and program guidelines. and in chapter 62 because they mostly, mostly all of that criteria speaks directly to how the public art funds are used out of the trust fund. And so that's the process that you typically see. So tonight, the one that you approved earlier, that's how those funds came to us. That money was transferred through the Office of Capital Improvements to us and then we administered that 1.5% through the trust fund requirements as set out in chapter 62.

your program guidelines okay our chairman was very concerned in our last meeting in other words last month meeting that there were some kind of decisions over the board about freedom park that didn't show up into our board meetings and it was then approve or kind of managed as business without our...

So Miami Freedom Park, you guys agreed to allow the city manager to negotiate a contract that would allow us to do a site-specific master plan, which is, as per your program guidelines, frankly what should have been done three years ago and adopted into the SAP. For whatever reason, I don't know why that wasn't done. So we are now doing that process. So that will step forward, and you guys can either approve or deny that master plan, and that is how the art will come through that negotiated agreement.

Or through that master plan.

Sorry, sorry, sorry, but... Let her finish.

Let her finish, please. We'll come through that master plan. And so that is the process that MFP is moving forward. The city manager has negotiated that contract. I think there's hopefully will be a kickoff on that master plan. You guys will be included in that process. And then also we'll have the option to approve or deny or make changes to that master plan or recommendation to city commission, which then will be adopted. That will be the master plan for the exception of art. There are some, there are some tenants in that that are choosing to pay the 1.5%. And there we anticipate that there will be some, There will be some projects that will want to acquire their own. And so the master plan will account for both of those options as per Miami 21. At the end of the day, this board will have the decision, either approval through the master plan, or if a project were to deviate from the master plan, it would have to come back here. So at the end of the day, the board has the ability to approve or deny all of the art that will be included in Miami Freedom Park.

In other words, again and again, we have the right as a board concerning the decision within the art.

Yes.

Correct. But the business to be done by the city in this humongous kind of business as a Freedom Park, the manager of the city of Miami have the right to do or accept some business over our decision. Because our, let's say, I don't know if I'm explaining myself properly in English. The big business in any particular city of this country are belong to the managers of the city, not to us to decide if the business can be done or not. Either if it's art or if it's planning or if it's permits to...

The administration of the city is left to the city manager. That's correct.

Correct. So that's what we have to understand, I feel, in my little knowledge of all of this for many years, is that there's certain business that the city have the power of the board. I said it's simple. We don't have to fight for that. Our business, okay, let me explain again because you give me kind of a dirty look, Mr. Chairman.

I understand. I'm sorry. If you can explain, I'm sure.

Okay. Again, this big business is the Freedom Park. The city of Miami, the manager, have the right to do some business with these big companies that they don't want to go through the entire process of going to the board. And the city of Miami, the manager, have the right to do that. Our right as a board of culture and public art is to approve the art, but not the business.

No, no, no, no, no. That's precisely the point that that's precisely the point that I'm trying to make to the planning department and precisely the reason why, you know, I believe that we should amend the master plan to explain that, to clarify that. But for example, for freedom park, I mean, We've been asking for information about Freedom Park for over a year now, probably a year and a half. In 2023, we were informed that the project had an estimated cost of one point something billion dollars, that the 1.5% was close to 20 something million dollars. That was in 2023. In 2026, to this date, We still don't have a budget for what the stadium costs. The stadium, by the way, if you didn't know, is opening on April 4th at 7.30 p.m. It costs over 400 and something million dollars to build. And apparently, apparently, staff is going to issue a master building permit without... them complying with article 11b of the city code of the miami 21 code sorry private funds 1.5 public art fee to be paid into the fund prior to issuance of a master building permit we've been talking about this for a year and a half you're moving the goalposts now staff But a year and a half, we've been talking about these permits, and you said that you would, you know, that it's before the issuance of the master building permit. You informed us of this, you know, many times. And now, apparently, there will be no 1.5% paid into the public art fee, into the fund, sorry, prior to issuance of a master building permit, because staff has an interpretation, which I dispute, And I'm city attorney. I want to formally dispute this as the chair of the board, specifically for Freedom Park. You know, why are we not applying 11.7B? I want, you know, a legal explanation from the city attorney, right? explaining exactly what the issue is with Freedom Park, what the status is, what the amount is, what the estimated 1.5% of the public fee would be, etc. And it needs to be done before April 4th. If this board needs to meet extraordinarily to decide on this, I'll call the board to meet extraordinarily to decide on this. But I would like a legal explanation because apparently the city staff has a different interpretation of Miami 21 than this board has. And on April 4, this park opens and, you know, we haven't collected the fund according to code. So I'm wondering why we're not applying the code.

We're opening with no public art.

Well, we're opening with no public guard. The master plan, we'll see. And we're not complying with the city code. I'm struggling to understand how Freedom Park specifically, because we're talking about that one. But how does that not qualify for 11.7B?

So as per your program guidelines, technically Miami Freedom Park should have had a master plan adopted as part of the SAP, which technically would have never have come before this board. It would have been adopted as part of the SAP and the developer agreement. And that is how zoning works for an SAP. Okay. So that did not happen three and a half years ago when it came forward. So the option was to bring a master plan forward at this time. You guys voted and passed a resolution to allow the city manager to enter into a negotiation and then negotiate a contract for a master plan that will then be adopted by this board and by the city commission for the installation of public art in the equivalent of the 1.5%. That agreement has been executed and there have been some payments made or there have been payments that have been made as a result of that agreement and what was negotiated within that agreement.

There have been payments made?

Yes.

And why haven't you informed us? And what payments have been made and based on what? What was the calculation?

They were based on the negotiated contract and executed contract that this board allowed the city manager to agree to. and they were based on the construction costs. They were just made this week. So we've only just finished all of those.

Do you believe that this board authorized the city manager to disregard 11.7B because we're in a master plan? Do you believe that that's what this board did? Sorry, because that wasn't in the resolution that we approved, though.

So the city manager negotiated based on Part A and Part B.

Well... Again, I'm making a formal request to the city attorney to provide, I'll put it in writing and I'll be very specific exactly what we want, but

I thought the resolution last month was only for the master plan.

It is for the art. It is for the master art plan. That's correct.

Okay, so then what are these payments that you're talking about?

The payments are in accordance with the contract for the master plan, and there are permits that need it to move forward, so they're paying the 1.5% that will be held to be in accordance with the art will be either acquired or approved through that master plan process that's then approved by you guys. So in the public art trust fund. They're paid directly to the public art trust fund.

But what funds? What's being paid to the public art trust?

So there was money for a tenant space that was paid.

Is 1.7, sorry, 1.5% public art fee being paid to the fund prior to the issuance of a master building permit? Yes or no?

For the tenant space, yes.

For the tenant space, what's that?

So there are tenant spaces. Is that the stadiums? So there are tenant spaces that are with it that are incorporated into the stadium that was paid. There was a portion that was paid connected to the stadium.

I'm talking about the half billion dollar stadium that's opening on April 4th.

A portion of that was paid.

What portion?

A portion of the 1.5% was paid. How much? I would have to pull the receipt.

Well, pull it, please. I mean, you know, please, yes, let's pull the receipt. Let's see the numbers. I mean, you're mentioning that an amount was paid into the public art trust, sorry, fund.

It was for the administration in the historic preservation portion of the trust fund so that we could move forward with the master plan.

at one point we used to get a budget we used to see the amount of money that we had annually so oh i'm sorry the the budget for the public rf1 was included in the annual report that was just submitted and approved yes that's included but this amount was not that this amount was not in the in the in the uh

in the report, right?

This amount has not been collected by the annual report.

So we don't have, still, we still don't have any information on this amount. I want to get back, sorry, to the point of my resolution. And the point of my resolution is that there's a disconnect between this board and staff. We've lost some organization. We've lost some structure here that we had before, that we had prior. And what I am proposing, this... plan go back under special projects division which means that Efren Nunez who is the person who has the information and who can provide it to us timely he can assist the public art division with the program that's what I would like now that's my recommendation I would like to hear your opinion if you believe that you know that that that we should change, that we should do something differently. I'm all ears. I'd like to hear maybe an order. Mr. Valadez, what are your thoughts?

I'm in agreement with you. I'd like to move forward with your recommendation. Thank you. Ms. Napoles, your thoughts, please.

No, no. Let me say this. While we are bringing a friend back to this, he has done his job wonderfully well. He had helped us to create this strong board, help on the bylaws. But why is it just you wanted to go back to the past?

This isn't about going back to Efren. This is about going back to a structure where we had the information, where we were given timely information, correct information. where we had knowledge of what pipeline, what was coming, what was not coming, where we had the budget presented to us before time and everything else. If it's Efren in there or if it's anybody else, that's okay. It's not because of Efren. This is because the Special Projects Division has the information of the capital projects in the city of Miami that other departments do not have. It is not because of Efren Nunez or anything personal. By the way, he did an outstanding job creating the program and everything else, but it's not about him. And if Efren Nunez is not the person in Special Projects Division, that's fine. But the person in Special Projects Division understands the capital projects pipeline of the city of Miami in a way that this board needs in order to incorporate art in the very earliest stages of any development, right? How do we do that if we don't even know? This stadium, $500 million is opening in less than one month. And we don't even have the first budget from staff. Not the first one.

I agree on that.

So there's obviously a gap. There's a gap here. And that's what I'm trying to address. This isn't about Efren Nunez. This is about the Special Projects Division.

Because we are all adults and we are professionals here and we need to understand Why this and when and who was started in that department? That for whatever reason, the master plan was not, let's call it, it was overseen. You want to see it that way? In other words, do you want to see or you want to say or do you want for us to agree with you that purposefully the master plan was overseen in this particular issue?

You mean ignored or overseen? Ignored.

So I do want to point out that the special projects division is a new division within the city of Miami's planning department that did not exist prior to mid 2023. if it helps the board any, last year when we got a new assistant director and we looked at programming and the, we looked at programming and kind of the backgrounds of both assistant directors, I have cultural resource management experience. That's how I started in city planning. And so that's why that change was was made at that time. And that's been, I think, exactly a year. So that is, so that you guys know, that's why kind of that change was made. The Special Projects Division is a new division within the planning department. They do not necessarily only handle city projects. So they handle special area plans. They do house our park planner that communicates and re-zones and works with our parks on entitlements for parks. However, the Office of Capital Improvements is actually the funnel for all city projects and those city projects. So the Special Projects Division is not the pipeline for city projects. The Office of Capital Improvements and our OCI and the project managers and the construction managers are the pipeline for that.

But capital improvements is not inside planning, right?

No.

Right. So who is inside planning that has access to the capital pipeline of the city of Miami? Who best?

So it would depend on the project and what their project needs are.

Well, let's talk about Freedom Park, Watson Island, any of the city administration building, any of those.

So sometimes it varies, and it can be between the urban design division, the Land Development Division, and the Special Projects Division.

Okay. Okay. So we pick one, Special Projects.

Sure, so in case you guys are not aware, the underdeck funding is no longer. So as of right now, that program is, But I realize that nobody probably said that to you guys, in case you didn't catch the newspaper article. So yes, what I would recommend, I think that the resolution that is put forward is problematic in some of its terminology. There could be some potential issues with the way that it's worded, and specifically our civil service rules and our union contract. I think if what you're really trying to get to is that you want to see or be more involved in the budget and in the call to artists that are done under option A, that you write program guidelines specifically for that type of acquisition. No, that's not what I'm saying. I'm saying you should write program guidelines that are specific for option A and that are spelled out for option A in Miami 21 that says even when a developer is bringing forth art that is equivalent to the 1.5%, that you see that budget prior to the developer.

That's already in the code though.

It is not.

We need to see the budget and everything else that is.

It is specific to the public art fund and those continuously refer you back to sections of the code that are specific to the public art fund. I've been through it multiple times and I think that that is where the issue is coming from is that you need to write specific program guidelines for both of those. So A, when art is brought forward for you to acquire, and what those program guidelines are that you are involved, the developer must A, first have their budget and their methodology for their call to artists approved by the board or by the PAC, and then final approval is given to you. Right now, you can deny or approve that art that is brought forward. And then you can also set forward, and we can clean up the program guidelines for how the 1.5% is used as well, if you would like to set a budget within the 70% that is given for the acquisition of art. That's what I would recommend, and I think that that really gets to what you're trying to do.

Can you draft that?

Well, absolutely.

But may I, may I, may I, may I, may I, may I? You seem to believe that the problem that we're having is because we need to redraft some guidelines? You believe that that's the problem that we've had for the past year and a half or more?

So my understanding is the issue is that you disagree with the interpretation of option A and and that if you disagree with that, then I think the easiest thing to fix it.

Sorry, that's not the issue, though. Option A is just because we started talking about Freedom Park, and we got caught in a little tangent there, and I've already asked the city attorney to give us the legal opinion of the city, because I want a serious legal opinion, and I'll send you something in writing, Mr. Pineda. But that's not the issue here. The issue here is that for over a year now, we've had a gap between this board and staff, okay? We've not been informed properly. We've not been noticed properly. We've had called the artists when we've asked expressly not to do the call to artists. You've done call to artists. Now, please, allow me to finish. I submitted a resolution. You published that resolution 25 minutes before this meeting. You changed the resolution that I had requested without informing me, without telling me. It seems there's a big gap certainly between the chair, but I would say between this board and staff. And we're asking for information on Freedom Park now that we're talking about it as an example, and still there isn't a straight answer or information here on whether they're going to pay into the fund, how much money was paid, what percentage, what amount it is, what the budgets are, you know, nothing. And the stadium opens in a month. It doesn't seem that there's anybody at the city staff that's really advocating for public art. And so there's a disconnect. And what I'm trying to do is go back to a time where the city's planning department was working and coordinating well with this board, was providing timely information, was working back and forth with the city attorney, with hearing boards, with the city manager, with everybody else, because, you know, I just, I don't think that this is an issue about some program guidelines, you know?

I have a question.

A people's court. The park is actually open.

The stadium is going to be open to the public on April 4th. Excuse me, get close to the microphone, please.

Yes, on April 4th. The stadium is opening. Is that what I'm understanding?

I can't speak directly to that. Am I understanding?

Yeah, I can show you several news articles here by Jorge Mas. There's Messi saying it. There's... MLS, there's Time Out Miami, there's Miami Herald, there's... My understanding is...

Yes. Okay. So when that park opens, will there be any art? Like what will be there when it opens? What are we looking at? There will be no public art at that time. Nothing? It's just one big old concrete stadium with seats in it?

Right. We will be in the middle of the public art master plan for the site specific. And so actually, I mean, hopefully it will be well underway, and hopefully in the final drafting stage at that point to come forward, and then we'll have to move forward. You'll be able to move forward and approve art after that.

Does the developer now have any plans on bringing art in? like on their own? Like do they have something that they're working on that they're going to bring to us anytime soon? I'm just curious. Like I'm trying to understand. No, it'll be done through the public art master plan. It'll be done through the site-specific. So we're looking at possibly years before we actually see anything?

I don't think that's true, no. No? I think that there will potentially be installation by the end of the year because we hope to have the public art, we hope to have that site-specific master plan I think our timeline said that we would get it back to you after the summer break, but our hope is to have it to you before the summer break. And so there will be hopefully either immediate call to artists on their part or part of that or approval through that process. So my hope is that it will move relatively quickly after that.

So how do we find out if you're going to be able to do these? Decisions and calls and let us know When are you really gonna like when are we gonna know what how much money that's gonna look like I think that's what so so part of the big frustration so we have to remember that public are the 1.5 percent is based on the construction cost and

The park is being built out over the course of many years, and construction costs go up every single day, and there will be tenants that, there will be also tenants that have different finish outs, things will change, and so, We can only give you a percentage based on when those permits come in. My understanding is that Indra did a discussion item and presented at that time all of the permits that were in and their estimated construction costs and what that 1.5% would be. Wait, she did that in the past? Yes. Okay.

When?

When?

That was when we presented that with special projects. We had the permit tracker. It was presented to this board.

When? I have never received a permit tracker.

They presented something, but it wasn't concrete. It wasn't, you know, it was some estimation.

It was based on the construction cost for those permits that were in at the time.

When was this sent out?

I don't think they sent it out. I think they just brought it here and mentioned it here.

But what is that number? Somebody must know what that number is.

We can get the cost per permit, the construction cost per permit. That can be provided.

How do we, I mean, the stadium is opening in 20 days. In 20 days. How do we not have that information? Let me ask you this. Not to be... I'm not trying to be cynical or anything, but if you would grade yourselves on Miami Freedom Park and how this public art process has occurred, let's include the city administration building and the call to artists that we asked not to, what would you grade yourselves? Do you really believe that this issue is about us creating new program guidelines?

If it was up to me three and a half years ago, you would have done a master plan.

Okay, but it was up to you a year ago.

So why didn't it happen? The MFP in the administration building was not being handled by the public art division until probably August. And so we have been trying to coordinate with special projects to get information to bring forward.

Special projects, exactly. Thank you.

Actually, you just touched a point right now, very interesting. I was invited maybe two months ago, at the beginning of the year, by the greatest Chamber of Commerce of Miami. All the construction big companies that are involved in this Freedom Park were there. They were... actually the speakers and so on. And I feel that the construction companies were actually controlled and managed the whole business through the city because the arts and entertainment, I'm sorry, the public art, our board was not mentioned there at all. So My feeling about all of this is that not intentionally the Art in Public Places office didn't do anything against the war or with intentions of not counting on us. I think all the construction business with the Freedom Park Actually, I don't think I have anything to do at all since the beginning. I don't know if I'm making a statement that is inappropriate or have nothing to do with my voice, but I think that we are getting into all this rumble, discussions and getting upset with public art manager office for nothing. because I think the whole scenario, what indicates is that. Correct me if I'm wrong.

Okay, I remain confused about different things, which it's fine. I don't want to go through everything. What I want to understand is, you know, if... The chair is saying that already this language exists in the code. Why it needs to be reiterated or why isn't it being followed? Is it that it's not in the code? You know, this statement, no request for qualifications, request for proposals, call for artists or other solicitation shall be issued until the board has reviewed project scope, a budget allocation selection method. You know, does that exist in the code or not? No, it does not.

Okay.

And you're saying that the way this is written is not the best, like it might be problematic in the future. Yes. Okay. I have my answer to that. I'm, you know, related, I'm reading through this correspondence between the chair and Mr. Snow, and I'm reading the February 19th email, which is specific to the city administration building, which is, in my opinion, part of the crux of this whole thing, that we specifically asked for the call to artists not to be sent out, and then they were, right? So what I understand is that what Mr. Snow is saying is that the city of Miami has chosen not to put the 1.5% in the public art fund, but instead, acquire their own art at the equivalent of 1.5%? Is that what?

So we have a developer. The developer is building this building on behalf of the city. Right, and so that developer can bring forth art that is equivalent to the 1.5%. They asked us to do a call for artists for them. They can, on their own, go out and do their own call to artists.

Okay, so that's definitely news to us. And in the last meetings where we, well, I guess last time Indra was not able to make this presentation, but in the previous one, when this call to artists came up, that was not explained to us, right? So he could have done it outside of us, but you're saying that he chose to ask the city to do the call on their behalf. Yes. Okay. And that is why you're saying it didn't come to us because this is a favor that we're doing them because we're not obligated to do it. Correct. That's what you're saying.

Okay.

So therefore, we really have no purview over that money and where it goes in the city administration building. Okay.

The money has not been transferred to the AIPP fund. Yeah, it won't be.

And won't be. So therefore, all that we're going to be able to do is rubber stamp yes or no on the actual art that gets presented to us. Correct.

Got it. If I may.

The art will go through the pack and the normal artwork selection process. So it still will go before the pack and it will still come before the board.

If I may. I mentioned the city administration building and we're talking about the developer. This is exactly where 11.7 applies. All developers for government development projects shall provide for the acquisition of art equivalent in value to not less than 1.5% of the project cost of all government development projects. What that means is contained inside A is either art that's equivalent to 1.5% or 1.5%. So when staff is mentioning option A and B, really option A for developers on government projects development projects, option A or ordinal A already has implicit both A and B. However, ordinal B or paragraph B states private funds used for government development projects on land owned by the city, county, state, federal or any other governmental agency and on private property So we're talking about Freedom Park here. We're not talking about the city administration building because it says private funds used for government development projects. It's private funds. And so those private funds are subject to a one and a half public art fee to be paid into the fund. And note... The difference, how they drafted A and B. In A, it says, shall provide for the acquisition of art equivalent in value to not less than 1.5%. And in Ordinal B, when we're talking about private funds, it states that they're subject to a 1.5% public art fee payment into the fund prior to the issuance of a master building permit. So I disagree, wholeheartedly disagree with staff's interpretation of the Miami 21 code as it relates to the public art requirement. And so my point further is if staff doesn't even have the same interpretation as this board of Miami 21 code, then how can it effectively enforce the public art requirement? You're gonna do whatever the developer wants. It's 20 days until they open a half billion dollar stadium in the year of the World Cup that's coming to Miami and staff is going to allow the issuance of a master building permit without anything going into the public art fee that didn't come before this board. There are no calculations. It's just, you know. And we're not gonna solve this problem tonight. That's not the intent of this resolution. This resolution is because there exists a gap Clearly, by this meeting today and everything that's happening today and Director Snow's email and everything else, there clearly is a gap. And so what we need to do is clarify what the role of the board is, how this program should be administered, and in my opinion, either... Either you assign it under the division that has the control of the, or at least knowledge and insight into the capital projects pipeline, or this is just going to be one more paper that staff is not going to follow. We're going to have, I mean, we already have, listen, we already have chapter 62. We have article 11. We have the master plan, the interim master plan. We have the program guidelines. We have all of these things. And still it seems as though there is a confusion that this board is only here to approve the final art. And that's not the purpose of this board. It's not just to approve the final art. Anyway. Any additional comments or...

I just feel that with this project, the way you've explained it now for the city administration building, it's like half them, half art. It's neither one or the other, and that doesn't make sense to me. You're going to administer the process, but not really. It doesn't make sense to me.

If you would like for us not to administer and for them to have it for them to completely do it, we're happy. I mean, I can pass that along to them. Our program typically mirrors something that looks like the county, and this is a process that the county also uses.

I don't understand. What are you saying about the city building? Sorry.

No, no, I was just going to say, I mean, I don't think that's our purview to say whether we can just say not to that we don't want to be involved in it or not. I mean, I think that that's why there's a city code and there's a process. I think that, you know, my opinion on all of this is that you should want to support what we as a board want to support. We're here to support you. And we're being antagonistic in this whole conversation because it seems like we, our goals are not aligned in the sense we were here, we thought this was gonna be the most important project for this board in terms of monies that were gonna go into the public art trust fund that we would then administer. This was a great opportunity for us. And so this has now been significantly, will significantly dilute the effectiveness of this board and what its role and purpose is. And if that's what the administration wants, Commissioners want then that's fine, but then let's be clear about it and I think that that's what you're hearing here today is everybody is Under a misnomer of what direction we were going in where we are going to go We're never going to have a significant project like this in the near future This is the most significant project this city has undertaken in quite some time and as you well point out we don't even know the dollar numbers yet because it is an ongoing process and I think we embrace the art master plan that we discussed last time, but I think the administration building and the way that that's being handled flies somewhat in the face of what that spirit was originally. So, you know, I don't want to sit here and argue about semantics and if she should go to the special projects division, because you know what, Francisco, that can just change tomorrow. They could, create a new division, and that division could be doing it. So that's why I do believe, and I've been in public service for many years, and I believe in the integrity of the code and the legislation and how that should go. If the city attorney's office is saying that the way that this is being interpreted now is legally supported, then it just basically says that then really our role is not that important anymore. And so I think that I support you in articulating and fighting for this, but at the same time, I don't see how we're fighting like a winless battle here. So I am interested in hearing what you said. I heard you say about developing some program operating guidelines, or you mentioned something along those lines. So I do still want to hear what you mean by that, because if that will, in a way, give us the effective tools to accomplish what I think you're hearing us, we're all here clamoring to We want to have teeth or skin in the game. And it feels like we have no skin in the game. And that's the frustration you're hearing on this board. So I, you know, my... So... Anyways, you know, I don't want to... There's nothing pretty about us being antagonistic with each other. But you guys should want what we want, in my opinion. So... And then I did want, and I know this is minor in this whole discussion of what I just said, and I did have a call at eight, and I stayed because this is an important subject, but you talked about the substitute language and what was taken out from what was originally submitted, and maybe it's here and I'm not seeing it. Can you tell me, Francisco, what was it that was originally there that they changed? Because I would like to understand that. I'm sorry.

Yeah, and I think to the chair's point about that, it's a lot about process. We're constantly feeling like we have to beg for information. I sent an email two weeks ago asking about a project in my district, no answer. That happens all the time. And so that expands on the frustration of this board, that process feels, you know.

Before tonight ends, I'd like to update on the Founders Monument. The Founders' Monument? If we could just get 30 seconds on that after this conversation.

The call to artists concluded on the 4th for the selection of the other two finalists. So the PAC will be reviewing that at an upcoming meeting.

How many submissions did you get in the end?

We got over 100 submissions for the Founders' Monument.

So the resolution that was published in the agenda last week had the language regarding the special art division and everything else. And so this is a different version, but, I mean, you know.

That's what was changed.

I'm still, you know, I disagree. Again, I disagree wholeheartedly that what we need is just, you know, a change in the program guidelines, et cetera, because of option A or B. I think we need, honestly, I think we need a legal opinion on the nature of the public art board, on the power of the public art board, what we're here to do, what the law is telling us that we need to do and not do. I disagree that the city administration building somehow is separate and the city manager and the planning director get to decide on that separately from this board. I don't think it's an optional thing. I think we're breaching, I think we're in violation of the code. And so this is a very, you know, this is not a semantic issue. This is a fundamental issue on the role of this board. And what I'm hearing is that staff seems to believe and Director Snow seems to believe that this board is only here to approve the final art. And we're not even here to approve the city administration building's art. And so, there's just a disagreement on what the law says.

And so, I think that- So, the city administration building art will have to be approved by this board.

Yeah. Only at the final stage.

Yeah, but only at the final stage, but nothing else. And that was Director Snow's communication is that City doesn't really have to give us any of that. That you're doing us a favor and that, you know, that we're to provide feedback. And that's it. And that all we do is approve this at the end. And that's actually not true. So we approve this not at the end, but the scope and the whole process. And that's, you know, that's the disconnect that I think that still exists here.

So my understanding with the substitution memo is that you provided maybe to hearing boards and to our legal staff the alternative resolution. And so that is why it says that the revised legislation may be substituted by the board if they please. So my understanding is that you proffered the revised resolution. We just wanted to make sure that the board had that.

Yeah, no, I provided both. You published the first one. and then you substituted the second one at the end, right?

So the substitution is only should you choose to take that up.

So it's an option?

It's an option. You do not... So you can, if you choose, you can recommend to the city commission... To be honest, that wasn't a big... To be honest, that's not the big deal here.

The big deal really isn't that... It's just... It's one more... issue, but it's not really the main issue. The main issue is that there is a disconnect between staff, the planning department, director, staff, and this board that didn't exist before. Before, it didn't exist. I mean, we're still arguing whether this or that, instead of saying, you know what, we're gonna have a report, Miami Freedom Park, these are the numbers, we're gonna have a budget, we're gonna move, we're gonna talk to the developer, this is what we can do, this is, but none of that. It's just trying to explain why maybe we're wrong or, you know. I feel there's a disconnect here between staff and the board, I think we're going to need a legal clarification here for everybody's benefit, city manager and the planning department and everybody.

Chair, would you like me to read section 62-655C, the function, powers, and duties of this board into the record?

Please. Sure.

The AIPPB, with the assistance and recommendations of the Planning Department, Public Art Division, and all other city departments as necessary, shall have the functions, duties, and powers as follows. To recommend the public art program guidelines and amendments to the public art program. guidelines thereto to the city commission to recommend the public art master plan and amendments to the public art master I'm sorry to recommend the public art master plan and amendments to the public art master plan thereto the city commission to approve expenditures of the public art fund as proposed by the city manager or his or her designee to approve APPROVE WITH CONDITIONS OR DENY PROPOSED INSTALLATIONS, DEDICATIONS OR DONATIONS OF ART BASED ON THE PUBLIC ART PROGRAM GUIDELINES AND THE PUBLIC ART MASTER PLAN UNLESS THE PROPOSED INSTALLATIONS, DEDICATIONS OR DONATIONS OF ART ARE APPROVED BY THE CITY COMMISSION PENDING THE APPROVAL OF A FINALIZED PUBLIC ART MASTER PLAN AND PUBLIC ART PROGRAM GUIDELINES AND TO ACT on any other art in public places related matter as assigned by the City Commission, notwithstanding Section 18-115, the AIPPB shall have the authority to accept donations of art in excess of $25,000 in accordance with this article. This is what is in the City Code.

Thank you for reading it. With the assistance and recommendations of the Planning Department, So planning department, public art division, other city departments as necessary are there to assist the AIPP board. And one of our functions is to approve, prove with conditions, or deny proposed installations, educations, or donations of art based on the public art program guidelines and the public art master plan, which includes budgeting and everything else. So...

I feel the disconnect comes from the fact that we don't have the master plan and therefore we're defaulting to the minimum.

We have an interim master plan. We have an interim master plan. Number seven, the city attorney shall act as counsel and provide legal services to the board. So that's what we're going to do. We need you to act as counsel to this board and provide legal services to this board regarding Chapter 62, Article 16, and Article 11 of the Miami 21 Code.

Understood. Thank you, Chair.

Thank you. And I'll put it in writing so that it's clear. One of our roles, as you just mentioned, was number two, was to recommend the public art master plan and amendments to the public art master plan to the city commission. And that's the intent of this resolution, is to recommend an amendment to the master plan to insert a section called program administration, because right now we have the guidelines and we have the master plan, sorry, and we have the guidelines in the text. But there's no place in the master plan that says how the program is going to be administered. And maybe that's where the gap exists. And that's what we're trying to do here. Are there any other comments?

The master plan specific to Freedom Park is supposed to have representation from this board. How is that going to move forward?

That will be appointed by the city manager. Can we make a recommendation? Sure, absolutely. I can take that recommendation to him.

Does anybody on this board want to be the representative to the Freedom Park Advisory Board? I throw my name in as anybody else wants to.