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Resolution 2023-32506 RESOLUTION NO. 2023-32506 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMITTEE AND THE CULTURAL ARTS COUNCIL TO PURCHASE THE STARCHILD SCULPTURE FROM FWY STUDIOS, INC., IN A TOTAL AMOUNT NOT-TO-EXCEED $170,000.00, WITH THE INTENT THAT THE WORK WILL REMAIN PERMANENTLY INSTALLED AT ITS CURRENT LOCATION AT HENRY LIEBMAN SQUARE (WEST 41sT STREET AND PINE TREE DRIVE); AND FURTHER DIRECTING THE PUBLIC WORKS DEPARTMENT TO TAKE THE STEPS NECESSARY TO REMOVE AND RELOCATE THE 5G UTILITY POLE LOCATED IN THE VICINITY OF "STARCHILD" SCULPTURE (IF POSSIBLE), SO AS TO NOT OBSTRUCT THE VIEWS OF THE SCULPTURE. WHEREAS, FriendsWithYou, an art collaboration of Samuel Borkson and Arturo Sandoval III, produced StarChild (2022), the "Sculpture") as a temporary public art installation for Miami Beach OnStage! arts and culture program; and WHEREAS, Starchild is a 50-foot tall bright orange metal sculpture depicting the main character in FriendsWithYou's newest body of work, a longform conceptual project in which the artists are renaming the Earth to "Ocean" as a means to unify the planet; and WHEREAS, the City installed the Sculpture at Henry Liebman Square, 41st Street and Pine Drive, where it has since remained; and WHEREAS, following discussion by the Art in Public Places Committee and Cultural Affairs Council (the "Committees"), the Committees recommended that the City acquire the Sculpture as part of the City of Miami Beach Art in Public Places Collection in a not-to-exceed amount of$170,000; and WHEREAS, there is $170,000 available in the City of Miami Beach Cultural Arts Council fund to finance the purchase of StarChild; and WHEREAS, furthermore, there is a 5G utility pole in the vicinity of the Sculpture, which poses an aesthetic threat to the artwork and may obstruct view of the Sculpture from certain viewpoints; and WHEREAS, if technically feasible, the 5G utility pole should be relocated to a nearby location that will not compromise the public's ability to view the artwork; and WHEREAS, initial estimates from the City's Public Works department suggest that removing and relocating the 5G utility pole is a 6-9 month-long project, that will cost between $50,000-$60,000; and WHEREAS, in an event that the removal and relocation of the 5G utility pole exceeds $75,000, the Mayor and City Commission authorize the City Administration to place this item directly on the Finance and Economic Resiliency Committee's agenda for discussion and further action. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Art in Public Places Committee and the Cultural Arts Council to purchase the "StarChild" sculpture from FWY Studios, Inc., in a total amount not-to-exceed $170,000.00, with the intent that the work will remain permanently installed at its current location at Henry Liebman Square (West 41st Street and Pine Tree Drive); and further, direct the Public.Works Department to take the steps necessary to remove and relocate the 5G utility pole located in the vicinity of "Star Child" sculpture (if possible), so as to not obstruct the views of the sculpture. PASSED AND ADOPTED this �a' day of brk��y 2023. ATTEST: ?023 Dan Gelber, Mayor Rafael E. Granado, City Clerk (Sponsored by Commissioner Alex J. Fernandez) APPROVED AS TO FORM aLANGUAGE r ( cokIRCORP OR�TED` & FOR EXECUTION CH••26 Ctty Attomayr Oats 2 Resolutions-C7 X MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: February 22, 2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMITTEE AND THE CULTURAL ARTS COUNCIL TO PURCHASE THE STARCHILD SCULPTURE FROM FWY STUDIOS, INC., IN A TOTAL AMOUNT NOT-TO-EXCEED $170,000.00, WITH THE INTENT THAT THE WORK WILL REMAIN PERMANENTLY INSTALLED AT ITS CURRENT LOCATION AT HENRY LIEBMAN SQUARE, 41ST STREET AND PINE TREE DRIVE, MIAMI BEACH, FLORIDA 33140; AND FURTHER DIRECTING THE PUBLIC WORKS DEPARTMENT TO TAKE THE STEPS NECESSARY TO REMOVE AND RELOCATE THE 5G UTILITY POLE LOCATED IN THE VICINITY OF "STARCHILD" SCULPTURE, IF POSSIBLE, SO AS TO NOT OBSTRUCT THE VIEWS OF THE SCULPTURE. ANALYSIS Pursuant to the request of Commissioner Alex Fernandez, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 22, 2023 Commission meeting. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION The fiscal impact of this measure is $170,000. Is this a "Residents Right Does this item utilize G.O. to Know"item, pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney Page 363 of 1109 Sponsor Commissioner Alex Fernandez ATTACHMENTS: Description o Resolution Page 364 of 1109