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HomeMy WebLinkAboutCC 2008-02-21 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Oi IRATE 11e [ ,, IV Meeting Minutes Thursday, February 21, 2008 9:00 AM SPECIAL MEETING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Maria J. Chiaro, Interim City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes February 21, 2008 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 21st day of February 2008, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The meeting was called to order by Chair Joe Sanchez at 9:15 a.m. and adjourned at 11:49 a.m. Pedro G. Hernandez, City Manager Maria J. Chiaro, Interim City Attorney Priscilla A. Thompson, City Clerk Chair Sanchez: Ladies and gentlemen, welcome to our historical City Hall. The order of the day is the agenda with one item. It is a special meeting pertaining to the Florida Marlin [sic] Stadium. I want to take the opportunity to welcome all of you, and call the meeting to order. We'll go ahead and -- this meeting was properly advertised for today's date here at 3500 Pan American Drive. We'll go ahead and start with the invocation by Commissioner Sarnoff, and then the pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. ORDER OF THE DAY Chair Sanchez: All right. Once again, we're going to go and have the City Attorney read the procedures into the record as to the meeting in itself. Madam Attorney, you're recognized for the record. Maria J Chiaro (Interim City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available at the City Clerk's office. The material in connection with the item appearing on the agenda is available for inspection during business hours at the City Clerk's office and online atwww.miamigov.com <http://www.miamigov.com>. Formal action may be taken on any item discussed today. There will be no items added to this agenda, in that it is a special meeting. All decisions of the City Commission are final, except that the Mayor may veto certain -- any item approved by the City Commission within ten calendar days of the Commission action. The Commission may override the veto by a four fifths vote. The City ofMiami requires any person or entity requesting approval or any action from the City Commission or any of its agencies or boards to disclose, at the commencement of the item, any consideration provided or committed, directly or on its behalf to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. Consideration includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. If any Disclosure of Consideration has been previously provided and it has changed, it must be updated prior to the hearing. Individuals retained or employed by a principal as a lobbyist as defined in Section 2-653, and appearing before this City Commission or their legal representatives, must register pursuant to the City lobbyist codes [sic]. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to submission to the Clerk. Anyone wishing to appeal any decision made by the City Commission for any matter considered here may need a verbatim record of the item on which the appeal is based. Vice Chair Spence -Jones: Maria, your -- can you go a little --? You're low. I don't know if it's your mike, but you're really low. City ofMiami Page 2 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Ms. Chiaro: I'm taller on the phone. Absolutely no cell phones, beepers, or other audible or ringing devices are permitted in the Commission chambers. Please silence those devices now. Any person making impertinent or slanderous remarks and who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition of a speaker or Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on this item as it is a public hearing. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. Thank you. Chair Sanchez: Thank you. City ofMiami Page 3 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 RESOLUTION SP.1 08-00177 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND AMONG THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND THE FLORIDA MARLINS, LP, RELATED TO THE DEVELOPMENT OF A NEW BASEBALL STADIUM FOR THE FLORIDA MARLINS. SPONSORED BY: HONORABLE MAYOR MANUEL A. DIAZ CITY MANAGER PEDRO G. HERNANDEZ 08-00177 Legislation.pdf 08-00177 Exhibit.pdf 08-00177 Exhibit2.pdf 08-00177 Exhibit3.pdf 08-00177 Exhibit4.pdf 08-00177 Exhibit5.pdf 08-00177 Exhibit6.pdf 08-00177 Exhibit7.pdf 08-00177 Summary Form.pdf 08-00177 Agreement.pdf Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado R-08-0089 Chair Sanchez: At this time, I want to welcome Mayor Carlos Alvarez to City Hall. Pleasure to see you here, Mayor. Also, the orderly process -- the procedure we're going to follow today is going to be as following. The -- we're going to have Mayor Diaz address the Commission. This item is being sponsored by the Mayor and the Administration, followed by Mayor Carlos Alvarez from the County. I believe that the County Chair is also on his way, and if he gets here, he'll have an opportunity to address this legislative body; followed by Major League Baseball. Then we'll allow the Marlin [sic] organization to address us. Then we'll introduce the City Manager for the presentation, Pete Hernandez. Then we'll go ahead and open up to the public and allow all those that'll be speaking in front of this legislative body. The only thing that we ask is that you please register with the Clerk, and once you come up, just state your name and address for the record on the item. So Mr. Mayor, you're recognized for the record. Mayor Manuel A. Diaz: Thank you, Mr. Chairman, members of the Commission. I -- first of all, let me thank Pete Hernandez and Larry Spring, Olga Ramirez, Maria Chiaro, and so many in the City -- and the staff -- that have worked so very hard on getting what you have in front of you today. I also want to thank Mayor Alvarez for joining us this morning, and Chairman Barreiro, who will be joining us shortly, for their unwavering support of keeping baseball in Miami. George Burgess is not here, but obviously, we want to thank him and his staff and all the County attorneys who also worked on this. I particularly want to point out -- I want to specially point out Bob DuPuy, the president ofMajor League Baseball, who was here this morning, and Irwin, his attorney. Bob will be addressing you shortly. I want to point him out in particular because I City ofMiami Page 4 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 want all of you to know that think Bob was really the glue to this entire deal, keeping all the parties together, focused on getting a deal done. And Bob, I just want to say that after you leave your presidency ofMajor League Baseball, I would suggest that you become a mediator or an arbitrator because you're very, very good at it, so -- I also, finally, want to thank Jeff Loria, David Samson, and the entire Marlins family for their commitment to Miami and for the continued commitment to Miami and South Florida; and to thank him for the memories of two World Series championships for all of us. I, personally, will never forgot that night that was standing in Yankee Stadium, in the house that Ruth built, feeling proud about the fact that our home team had taken one of -- taken a World Series from one of sport's greatest dynasties, the New York Yankees. I've never been prouder than that day. I think our entire South Florida community couldn't have been prouder of the team. And this also points, I think, to something that is so essential for all us because you see everybody from all economic circles, from all walks of life, from all races and ethnicities, coming together to support our local hometown team, and hopefully, in the new site, I look forward to them bringing us a third World Series title. I thought about what would say to you this morning. After all, I want to remind all of you -- I'm not sure you need reminding -- that this is the fifth time, the fifth time thatl have now appeared in front of you in support of keeping Major League Baseball in Miami. So I decided that would not devote the minutes that have before you to discuss the specifics of the deal. We've had extensive and numerous briefings with all of you on the financial and the nonfinancial aspects of the deal, and as the Chairman said, Pete will be putting some of those details on the record shortly. I want you to know that this was probably the hardest deal of my life, not just in public office, but also in private office, in my private world. I will tell you that, suffice it to say, that support this deal a hundred percent. It is a good deal for the people of the City ofMiami. It is a good deal for the people ofMiami-Dade County. It may not be perfect, butt will tell you, from my years of experience, that no deal is ever perfect, but what it is is a deal where everyone has given, everyone has compromised, and as of today, we've reached a point, I firmly believe, that we need to decide, once and for all, whether we want to keep Major League Baseball in Miami. So rather, I would -- I want to share with you, I think, some personal thoughts and observations about why I think this deal is so important. Number one is the intrinsic value to a community. I mentioned to some of you that this past weekend, I was watching the NBA (National Basketball Association) All -Star game and the NBA All -Star Activity Weekend on television, and the game was being played in the city of New Orleans. All of us, I'm sure, have entrenched in our memories the tragic and devastating pictures that we saw from New Orleans; and I would venture to say that probably many people in America still believes that that's what New Orleans looks like today. But there was New Orleans being shown on national television to millions and millions of viewers in all of its historical splendor. And the message that comes across from that is very clear to me, "Come visit us. New Orleans is open for business. We are still one of America's greatest cities." What is the value of something like that to a city? I would submit to you that you can't possibly measure the value of something like that. As the commercial would say, that is something that is, I believe, priceless. And even in our own case -- I mean, I'm sure that many of us love -- when we watch a Heat game on television, or a Dolphin game, or a University ofMiami game, and we see in national network how they show our skyline and they show the beauty that we all live with everyday here in Miami. That's immeasurable in terms of value. But now, let me also bring it home. Let's talk about Little Havana. First of all, I commend all ofyou for the work thatyou continually do to revitalize the neighborhoods thatyou represent, butMr. Chairman, I believe that today it is Little Havana's turn. This is the neighborhood that grew up in; I know the neighborhood thatyou grew up in, the neighborhood that others grew up in. Hundreds of thousands of people in our City and in our South Florida area have grown up in this neighborhood and have -- it has represented the first step for so many on the way to the American Dream. Freedom, opportunity for so many people, and that is the tradition that continues today as many and many more immigrants continue to come to our shores. IfMiami, if South Florida really is the entry point, the gateway into America, the Ellis Island of this century, then clearly, Little Havana is the front door to all of that. This site is a 40-acre site. It has sat for years idle, but for six days a year for University ofMiami Hurricane games. I will submit to you that it is impossible to revitalize a neighborhood when you have 40 City ofMiami Page 5 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 acres sitting idle for all this time. I will also submit to you that having a baseball stadium with 81 games, coupled with potentially a soccer stadium, restaurants, retail, shops, and a hotel is clearly what we need for Little Havana. This deal would do a lot for Little Havana. It will do similar to what Midtown did for Wynwood and the surrounding neighborhoods, bringing economic vitality and jobs to an area that sorely needs it, and creating a real destination in that neighborhood. And also, on a personal note, to me baseball is about family. It continues to be America's favorite family entertainment; because compared to other entertainment and sports venues, it continues to be affordable for families. During the briefings, I was moved by a story that Commissioner Sarnoff shared with me recounting how one of his fondest memories with his father was when he was dragging him in through -- by the arm into Shea Stadium to see his first -ever Mets game. He hasn't forgotten that memory, and he will never forget that memory; and when he told me that it reminded me of an afternoon in 1997, when I was lucky enough to take my dad and my oldest son with me to see a World Series game. I haven't forgotten that day, and I never will forget that day. All of you will have that same opportunity. You have children. You have family. You have grandchildren who live in this city or who will live in this city, and all of you will take, along with millions of others, will have that opportunity to share those memories with your loved ones. Let's not deprive them of this opportunity. Let's not deprive the millions offamilies in this community who will be sharing those memories in the years to come. As I said earlier, I've stood before you four previous times. I will remind you that each time this Commission has voted unanimously in support of baseball in Miami, so I ask you today, for all of Miami -Dade County, for all of the City ofMiami, for all of the people of Little Havana, for the millions offamilies that live and call Miami home today or will call it so in the future, for all of our own individual families, their children and grandchildren, and their children and grandchildren, for the memory of my father, I ask you again to unanimously support the deal in front of you. Thank you. Chair Sanchez: Thank you, Mr. Mayor. Mayor Alvarez, you're recognized for the record. Congratulations on your County address yesterday. I -- Carlos Alvarez: Thank you very much -- Chair Sanchez: -- hear it went very well. Mr. Alvarez: -- Mr. Chairman. Thank you. Good morning. Mayor Diaz, Commission members, Mr. Manager, thank you for allowing me to address you today. I'd also like to thank all the folks that Mayor Diaz thanked, because it's truly has been a team effort for a long time. Before you is a baseball stadium agreement that is the result of intense and thoughtful negotiations between Miami -Dade County, the City ofMiami, and the Marlins. A lot of hard work and a lot of late nights went into putting this deal together. I can tell you it also involves a lot of compromise, compromise from all parties involved. The question is often asked, why should government be involved in the building of stadiums? And it's a fair public policy debate. The way I see it, we're not building a stadium for the Marlins. We are building a stadium for Miami -Dade County residents. We are going to own that stadium. Just like museums, parks, and beaches, professional sports are an important part of our community fabric. A stadium will not only contribute to our economy, but to our quality of life. From children to tourists, professional sports bring people together from all walks of life. This agreement comes at a time when the economy and private construction industry are slowing, as we all know. A project of this size and magnitude creates jobs, good paying jobs, where our community needs them the most. The deal include safeguards, which protects the public's interests. Tourist bed tax dollars are financing this deal, money earmarked specifically for projects like stadiums. These funds cannot be used for education, crime prevention, or social services. You hear that all the time. It's a misconception. We cannot use these funds for anything else but what we're using them for. Baseball will remain affordable for families. There will be 81,000 seats of -- a season available for about $15 each. Another 5,000 seats will be given to local youth charities each season. The Marlins' contribution of $155 million is consistent with amounts put up by other teams involved City ofMiami Page 6 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 in public stadium financing deals, such as the Minnesota Twins and the Washington Nationals. And the Florida Marlins will change their name to the Miami Marlins. Like the Mayor said, that's publicity you can't put a price tag on. It's a global public relations coup for us every time that name is mentioned, such as the Miami Heat, the Miami Dolphins, and so on and so forth. I am convinced that with your approval and that of our County Commission, this public private partnership is one that we can all put in the win column. As poet Walt Whitman said, '7 see great things in baseball." I am convinced that great things in baseball for Miami -Dade County can start right here in this room today. Mr. Chairman, I want to thank you very much for giving me the opportunity to talk to -- Chair Sanchez: Thank you, Mr. Mayor. Mr. Alvarez: -- you before today. Chair Sanchez: Always a pleasure. Mr. Alvarez: Thank you. Chair Sanchez: Major League Baseball, Mr. DuPuy. Mr. DuPuy: Thank you, Mr. Chairman. Chair Sanchez: Good morning. Mr. DuPuy: Mr. Chairman, Commissioners, Mayor, Mr. Manager. I am Bob DuPuy, the president ofMajor League Baseball. I greatly appreciate you affording me the opportunity to speak to you this morning briefly in support of the fairly and long -negotiated BSA (Baseball Stadium Agreement). I appreciate the very kind and generous words of the Mayor, butl had a reason for my involvement. Major League Baseball has been and is committed to Major League Baseball in South Florida. We believe in South Florida as a major league market. We recognize that the decisions as to how to spend public funds are very difficult decisions. We recognize that each community has to make those decisions for itself. I, myself am biased. I happen to think Major League Baseball is a very good investment for a community. And it's not just because of the economics, although it does provide economics. It provides jobs. It provides tourist dollars. It provides spending. In fact, this is not a baseball number. This is the city of New York. The All -Star game this year is going to be at Yankee Stadium, the final year of Yankee Stadium. And the estimate by the city of New York is All -Star Game Week will generate an additional $148.8 million for the city of New York, one all-star game. But more importantly, as the prior speakers have indicated, baseball is part of the fabric of the community. Baseball is a fransgenerational game. Grandmothers bring their grandsons to games. Fathers bringing their daughters to games. As has been indicated, everyone remembers her or his first Major League Baseball game. And you have a chance today to secure that and ensure that for generations of South Florida fans to come, millions of South Florida fans, millions of children to have that experience. The favorite part of my job, apart ftom appearing here before you, is each World Series game. I go around and give out a dozen baseballs to kids in the stands, and the looks on their face create fans for life as they take that one single baseball and bring it home from the World Series. Major League Baseball and the team are committed to the fabric of the community in other ways. The team will hire local labor for the construction and the operation of the stadium, and diversity and inclusion will be an important component of that. Major League Baseball has a diverse business partners program that has been in effect for ten years on a national level. Over $500 million has been spent with diverse business partners. We are recently honored as one of the 50 most inclusive businesses in the United States. In addition, since 1990, 22 new ballparks or totally renovated ballparks have been built in Major League Baseball. Each of those has served as a destination point, and in many of those, and in virtually every one located within the city's core, as this will be, they have served as catalysts for economic development in the City ofMiami Page 7 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 community; creating more jobs and creating more economic opportunity. I would ask that you to look at places like Baltimore, Cleveland, Denver, Phoenix, San Diego, Seattle, as just the most recent examples of that. In addition, as a sign of our commitment, Major League Baseball's commitment, we are willing to do here in Miami what we have not done in any other market. The first was our involvement in this process. Throughout we listened to the community leaders, we listened to the Mayor, to the City Manager, to the Mayor, to the County Manager, to the Commissioners. We do believe in this market. They were difficult negotiations, but we participated because we want baseball to work in this market. Second, we have sent a letter to the mayors that is -- have outlined other things Major League Baseball is prepared -- is doing in this project. Number one, we are committed, as a league, to sustainability. We want this building to be green, and so we are announcing this as our first LEEDs (Leadership in Energy and Environmental Design) project, and we're willing to commit a million dollars in matching funds to the public sector and the team to help with paying LEED certification for this building. Second, we're committed to the youth of this area. You may be familiar with our Reviving Baseball in the Inner City program. It now is in more than 200 cities, involves more than a hundred thousand kids, including a program here in Miami, sponsored by the Marlins, that involves more than 300 kids. In fact, the very first player drafted in the first round of the Major League draft, out of the RBI (Reviving Baseball in Inner Cities) program, is a Miami youth, David Espinosa, who was drafted by the Cincinnati Reds. That program will continue and thrive as long as the Marlins continue here in the community. We are working with Mayor Robaina to establish a major league baseball academy in Hialeah, similar to the academy that we have in Compton, California. You, again, may be familiar with that academy as well. In the two years it has operated, it's affected more than 4,000 youth in the LA (Los Angeles) area. Seventeen players have already signed professional contracts out of the academy. And this year we are hosting the first urban invitational tournament involving two historically black universities, Florida's own Bethune Cookman from Daytona and Southern University; and UCLA (University of California, Los Angeles) and USC (University of Southern California), and those games are going to be televised on ESPN2 (Entertainment & Sports Programming Network). That could happen here as well. We are also going to work with the leaders in Homestead to try to do something with the facility in Homestead. Finally, in conclusion, Mr. Chairman, I would say that this is a fair and a fairly negotiated deal involving contributions from all concerned. I indicated that these are difficult decisions. This was a difficult decision for the team as well. The contribution of ownership of the team here is among the highest that have been made in conjunction with any of the stadiums that have been developed in Major League Baseball. In addition to the $155 million, the team is committed to covering all of the cost overruns. The team is committed to putting up $27 million in cap (UNINTELLIGIBLE) expenditures, and the team -- I also read today that there was $94 million expenditure for an affiliated parking garage. That is also true, but the team is committed to buying all of those spots for 35 years at a cost $4.5 million per year, and if my math is right, that's over $155 million of additional commitment from the team. I want to thank the Mayor. I want to thank the City Manager, the City CFO (Chief Financial Officer), and counsel, and all of the staff for all of their efforts on behalf of this deal and the courtesy shown Major League Baseball. I appreciate your consideration as well. And I would ask that you approve the deal as drafted, and save Major League Baseball for the fans and the children of Florida. Thank you very much for your time. Chair Sanchez: Thank you, Mr. DuPuy. Chairman Bruno Barreiro, welcome to City Hall. Good morning. Bruno Barreiro: Good morning, Mr. Chairman, Commissioners. It's a pleasure to be here. As previously stated, this has been a very long time coming. We have sat down, all parties involved, for months to fry to work on the details. I believe, when you see all entities sort of inclined to support it, but they feel that they gave in a little bit too much, I think that means that it's a good deal; and I think that's the feeling from all three parties in this deal, the Marlins, the City, and the County. And I could tell you, for years I was advocating, and as many of you in the City and the County, the path of least resistance; and I think, eventually, that became the Orange Bowl City ofMiami Page 8 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 site. And with that, I think we have the ability to set this City and this County and South Florida on the right path to add another amenity to our world -class status. It's not only about culture, about the arts. It's not only about the beaches. It's not only about the great weather, but also, I think, sports adds a lot to a community and venues that could -- that our families and our tourists can enjoy. And I believe we have the ability today to get on that path. I'll be glad to answer any questions, but I'm here to support it, to support the item, and ask you to support it. And we'll move forward. Chair Sanchez: Thank you. Mr. Barreiro: Well be hearing the item at 1 o'clock in our county. Chair Sanchez: Thank you very much. Also want to take the opportunity to welcome Commissioner Diaz from the County, the County Manager. Well go ahead now and continue with the order, which is -- we'll introduce now the Marlins organization. Mr. Samson, you're recognized for the record. David Samson: Thank you, Chairman. My name is David Samson. I'm proud to be the president of the Miami Marlins as we move forward here today. I want to thank Mayor Diaz and all of the Commissioners. I was just reflecting that it has been -- this is my fifth time in front of you on this issue as well, and I finally remember the Chairman -- Commissioner Sanchez as we celebrated in World Series in 2003, holding up a wonderful sign that said, "If we build it, will you come?" And it reminded me that it's been quite a road to this day. And it is true what they say in the movies that sometimes dreams can come true for families and for fans. And my greatest memory is not just of that sign and that moment, but it's actually what happened not during the World Series game, but during a regular season game one year, when I had the opportunity to talk to a man during a Mets/Marlins game, who was wearing a Mike Piazza jersey, and his son was wearing a Marlins jersey. And I remember very clearly what that meant to me that day. It meant that we are only here at the beginning of this process. This is such a very young franchise, and this is the moment where fathers and sons, and grandmothers and grandsons can finally emotionally connect with our team forever and create memories not just for Commissioners and their families, but I'm talking about everybody. Everyone here will be able to come to a game. Our commitment to this community, as it relates to affordable seats and all the programs and benefits that we provide for this community here in Miami and all of South Florida, is really meant for one thing. It is meant to create memories that will last forever because there is one thing you can say to your children and to your grandchildren because they may not remember this vote. They may not remember a particular game of who won or lost, but they will remember the moment when they had a connection with a family member, and that has driven me through all of these negotiations, which you've heard characterized. They've been difficult and they've been long, and you've been a part of every step, and I appreciate the time that you're taking to consider this today. And it tells me one thing. When you see the support of the Mayor, Mayor Alvarez, the Manager, the CFO, the Chairman, and Commissioner Diaz, and you hearing this today, it reminds all of the people that instead of talking about stadium issues and instead of talking about whether or not the Marlins will stay in South Florida, they will leave today -- and I urge you with unanimous approval with this agreement -- saying the Miami Marlins are once and for all here, and they are ours, and they are here to stay. As we go through the provisions of the agreement, you will notice that there are things in there that benefit this community in all ways, not just Little Havana, which I agree with Mayor Diaz. It's very important that Little Havana have a turn, butt say it even broader. It's the time for the City of Miami and it's time for the County ofMiami-Dade to have its turn with a team, with a stadium, and all the things that our foundation -- you know, as the president of the team, Chairman, I do a lot of business, but my true favorite job, and the best thing I do as president of the Florida Marlins Community Foundation, and that foundation, that's a full-time job. With the millions of dollars that we put into the community each year with the tickets -- in the agreement, you talk about tickets and free tickets and affordable tickets to people underprivileged. That's something City ofMiami Page 9 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 that we do on a daily basis, because when you have a player give tickets to a child and give an autograph, you have created something that that child will never forget. And there are children that can't afford to come to games, and we provide the tickets. The Commissioner of baseball, Bob DuPuy, is much too modest. What the Commissioner and Mr. DuPuy have done on behalf of cities who have major league teams is absolutely astounding. The Commissioner has an initiative called the Commissioner's Initiative for Children. That is tickets that every year are given to underprivileged youth, and we go to the inner city. We go to places. We go to schools and we hand out tickets. And we have created a life -time connection to the Marlins. And we've created a moment, in some cases, it's three hours, or with rain delays, it can be a six -hour moment, but we have created moments that will never end. I will always answer your questions, and today is not the last time that you will ever hear from us because we are going to work together to build the best stadium in the country that will be something that we can all be proud of for the rest of our lives. Thank you very much. Chair Sanchez: Thank you. Let's go ahead and have the County Manager, Mr. Burgess, you're recognized for the record; and then we'll have the presentation by the City Manager. Good morning. George Burgess: Good morning. Thank you, Mr. Chair. Good morning, everyone. We've been here talking about baseball before, but we're finally here talking about it in, I think, a very definitive way. There is an action item before you that will actually move us from the talking phase to the doing phase, and that is a -- I think a very, very good thing. A lot of folks have different views about baseball, about a baseball stadium, about the costs, about why we do these things. And I would just submit to everyone here that great cities and great regions are made of many different things. It's about the basics for people. It's about the roads. And it's about transportation, but it's also about museums. It's about a revitalized downtown. It's about amenities and attractions that people can enjoy and can afford, and I don't know that there's any more affordable professional sport than Major League Baseball. It's a project that has the ability to revitalize a neighborhood. Nobody is sitting here suggesting that this will bring economic dollars into a local economy from outside of the region, but there's certainly case study that shows that ballparks developed in the urban core can revitalize the urban core. And make no mistake; the Orange Bowl is in the urban core. It's only one and a quarter miles from downtown. It will be downtown soon. And we have to look at it that way. We don't do this, with all due respect, to provide a stadium for the Marlins that -- assuming that they can't do it themselves. I mean, it is a challenge, and they can't do it themselves, but that's not what drives us. We're not driven to provide a stadium for the Marlins. We provide the stadium for the community and for the people of the region. That's what drives us; nothing other than that. I would leave you with a very, very important thing. Wasn't easy to get here, and it's not going to be easy to go from here to opening day in 2011, but it will be exciting. It's going to require the same team effort that got us here today between the team, the County, the City, and actually Major League Baseball. We are a team. And the only way we're going to succeed, as you hear the briefing on this agreement, is that we work as a team every step of the way. I'm sure that you've heard from our folks and our Mayor. We are absolutely committed to being a team player with you every step of the way, a team player with Major League Baseball and with the Marlins every step of the way to get this project done so we can enjoy opening day in April of 2011. Thank you. Chair Sanchez: Thank you. Mr. City Manager, you're recognized for the record for the presentation, then we'll go ahead and open up to the public; and then after the public discussion, when we close to the public, we'll come back to the Commission for deliberation and a vote. You're recognized for the record, Mr. City Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good morning. To my counterpart at the County, I think that we have grown older talking about baseball and now, today, we have an opportunity to do something about it. You have, Commissioners -- and you City ofMiami Page 10 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 have been briefed on the baseball stadium agreement. We have also provided as part of the agenda a four- or five page summary of the agreement itself highlighting, I would say, the most significant issues from the City perspective. I'm going to talk about the project from the City of Miami side of it. The BSA is a binding agreement between the County, the City, and the Team that provides for the planning, design, consfruction, and maintenance of a baseball stadium facility at the Orange Bowl. It's going to be supported by other agreements, such as the construction administration agreement, maintenance agreement, insurance agreement, and non -relocation agreements that the City, the County, and the Team will continue to work on once we have an approved BSA; and those agreements have to be approved by July 1 of this year, and they provide all the details related to the specifics of consfruction, maintenance, et cetera. I won't get into the details of the stadium cost and the funding distribution. I think that's very clear in tables that you have in your summary, butt would like to talk more about the project itself describe it in a narrative way. The site is the Orange Bowl. We have 40 acres, plus or minus, at the Orange Bowl. And the idea is for the Team, the County, and the City together to select a baseball site within the Orange Bowl area. This will be a site of approximately 12 to 13 acres, and those 12 to 13 acres will be deeded over to the County, and the baseball stadium will be constructed on those 12 to 13 acres; and that facility will belong to the County. The City retains control of the remainder of the site. The City is responsible for the consfruction of the parking facilities around the stadium. They're estimated to cost $94 million and is to provide 6, 000 park spaces; 250 of which are provided to the team for their own use, for their employees. It's their own use. The funding for the parking facilities is as follows. The City has $50 million of convention development tax, CDT, that will go towards the construction of the parking facilities. The remainder, about 44 million will be financed. We'll issue bonds, parking revenue bonds. And those bonds will be serviced, via the revenue stream that will be created because the Team is committed to buying 5,750 spaces from the City for every one of the 81 regular season games. That provides for us to retire the debt service, provides for operational expenses, and provides for the account necessary to do capital repairs as the years go by. With respect to the other development, the other development is still to be determined. The City spent quite a bit of time assuring that we had the necessary protections in place to do the other development. The other development could include a soccer facility, could include a hotel, conference center, commercial development. All of that is still to be determined, but it's under the control of the City ofMiami. The key is not just to have a baseball stadium at the Orange Bowl. The key is to be able to do more for the Orange Bowl neighborhood; to be able to enhance that neighborhood to make the area a destination, a place where people will go, even if there is no baseball game that day. Other City responsibilities are surveying of the site and replatting. We also have the responsibility for the environmental testing, which is now underway. The site is being given in an as -is condition, meaning that if environmental issues are encountered as a result of the ongoing testing, the County, the Team are allowed to walk on the deal. We plan to provide an environmental insurance to cover for unknown environmental issues that are -- that could be found that are not anticipated as a result of the ongoing testing. The City and the County together are responsible for what is called "Public Infrastructure Improvements." They include road and traffic operational improvements around the stadium. They include onsite improvements and offsite improvements. As I said before, the key here is to be able to do work around the Orange Bowl site in order to enhance its appearance and its face to the community. Public infrastructure also includes the coordination of utility work and relocations as needed. As part of the location of the stadium within the site and the design process, our plan is to try to select a site that will minimize the impact to any existing utilities at the site. As you know, the Orange Bowl has been there for quite some time, and I can tell you about one certain utility, but I believe it's a four -inch sanitary sewer line that runs east -west under the field;; and it has a manhole at the 50-yard line. That will not be an issue, but that gives you an idea as to the things that may -- that have been installed over the years. These negotiations have been going on for many, many years. I know that I would like to have more, the County would like to have more, the Team would like to have more. We have worked very hard, and I think that it's a very fair agreement to all. This project is a free-standing independent project. Today we're talking here about baseball. The funding sources that are being used by the City and the County for this City ofMiami Page 11 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 project are totally legitimate, bona fide funding sources for a baseball stadium. They're basically tourist -based funding sources that are for the stadium, no question. In closing -- and besides myself I know that Olga Ramirez-Seijas and Larry Spring will be available to answer your questions -- I want to leave you with a thought that this year is the 100th anniversary of I would say, the national anthem of baseball, and ifI was a better singer, I would do it myself but I hope that April -- Chair Sanchez: Spare us. Mr. Hernandez: -- 2011, we'll all be there singing "Take Me Out to the Ball Game." Thank you. Thank you, Mr. Chair. We're available for questions. Chair Sanchez: Okay. Well, let's hold off on the questions. Let's go ahead and open it up to the public now. The public meeting is open. Afterwards, when it comes back to the Commission, we'll hopefully get a vote, and then we'll open it up for discussion. And during the discussion, the questions could be asked of any of the parties that testified or gave statement to this legislative body. So once again, the only thing that we're asking -- the order of the day, it is a special meeting. The only item to be discussed is the Florida Marlins Stadium. And if you're going to address this Commission, we're asking you -- we're respectfully requesting that you check in with the City Clerk, and then come up and state your name and address; and you have two minutes. All right. Public meeting is open. Anyone from the public wishing to address this item? Good morning. Steve Hagan: Steve Hagan, 725 Northeast 73rd Street. I'm here representing the Parks and Public Space Committee ofMiami Neighborhoods United, a group of 17 homeowner groups that are registered with the state of Florida. This agreement, on one hand here, we have, you know, a search for a site for a major league -- for a stadium, and on the other hand, we have a city that ranks 54 out of 54 cities in terms of public park space per resident. I mean, we could triple our park space, and we would still be at the bottom of the list. That's how bad it is. So we have a 40-acre site here, and I just heard that -- the City Manager rattle off other possible uses for the remaining 28 acres on this site. Soccer was mentioned, a hotel was mentioned, commercial establishments. Ladies and gentlemen, Commissioners, we have a master parks plan that you passed just, you know, what, a few months ago that calls for more park space in the City of Miami. It calls for park space within a walking range of-- the goal is a quarter mile of every resident in this City. Many of you has [sic] spoken about a Central Park in the City ofMiami. Here it is. It's falling in your lap. Let's take advantage of this opportunity, for crying out loud. Let's give some thought to the person who can't spend $5 or $10 or $15 to ever go to one of these games. Let's think about the poor residents that move to this community all the time. Let's talk about public park space. The agreement, we've only had a very short period of time to go through -- over the agreement. We find a major problem with the parking structure agreement. That's what we are most interested in -- Chair Sanchez: In conclusion. Mr. Hagan: -- because we're here in the City ofMiami, and we'll be addressing -- president of our organization will be addressing this and other matters. Thank you. Chair Sanchez: Thank you. Next speaker, please. Diane James: Good morning -- Chair Sanchez: Good morning. Ms. James: -- Commissioners. Diane James, 3600 Grand Avenue. I am a business woman in the community. I have a background in several different areas, education, public administration, City ofMiami Page 12 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 architecture, interior design. I am -- also have a background within the arts. There isn't anything that don't understand about government. I know how difficult it is. I remember being laughed at when I said classical music needs to be put into the classroom. They said, "Diane, you don't want a preschool. You want to run a mini university." I went to Europe three and a half months. Make a long story short, my godfather, bless his soul, the late Senator Turner, I helped write the Beethoven Bill that passed through Congress. The organization, the Marlins, I hope you get your stadium. I really do. But every time I drive home through a blighted area, I'm just exasperated on a daily basis, and I say to this organization, that's fine. If that's what you need to build your organization, I'm for it, all right. I have three sons, all right. I am that soccer mom. But the only thing thatl ask for you is this. If you are going to go to the table and you decide for all of us -- because that's what we put you in the seats for, and we understand that, okay. But if you're going to make this sort of decision, please don't put a Band-Aid on certain things. I would suggest that you do more. You know, if the -- one of the Commissioners stated earlier that if you -- doesn't refute the fact that you can't [sic] not -- afford not to build this on your own. I think you need a little help, what's going on in the community. But Little Havana -- you see, Miami was here for a very, very long time. Miami just does not consist of Little Havana. It consists of the City ofMiami-Dade County, Florida. That is the County and the City. All that we ask is that you build up the communities. Take some of that money and build up in the communities. Don't just take it and say, okay, we're going to give -- we're going to support these sort of programs. We need more than that. What's going to happen when single mothers -- Chair Sanchez: Ma'am. Ms. James: -- and families don't have anywhere to live? What are they going to do? Hover over in the stadium, like we've just had a hurricane, you know, of such and take the families and go move into the stadium? No. I -- and there are a lot of us are not against that; I understand. Trust me, I'm a business woman. I understand. But do a little more, and I don't think that you would have so much opposition, because that's what people are stating these days in the community, that the tax dollars -- you know, we have all of these problems without community -- Chair Sanchez: Ma'am. Ms. James: Okay. Chair Sanchez: I'm sorry. Ms. James: I know my time -- Chair Sanchez: Your time's been up -- Ms. James: -- is up. Chair Sanchez: -- and I have allowed you to continue. Ms. James: But -- Chair Sanchez: So in conclusion, please. Ms. James: Thank you. That is -- I am concluded. Chair Sanchez: Thank you. Ms. James: And thank you very much for your time. Chair Sanchez: Thank you, ma'am. All right. Next speaker, state your name and address for the City ofMiami Page 13 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 record. Emilio Manfrediz: Emilio Manfrediz, 1500 Northwest 12th Avenue. How long do I have? Chair Sanchez: Two minutes. Mr. Manfrediz: That's not enough. Took me an hour to get here. Two minutes. Anyhow, I know all of you. I watch a lot of TV (television). It seems rather absurd, number one, that I'm here talking. I should be home resting; yet, I'm here. Why am I here? Okay. I came to Miami -- my family did, 62 years ago; graduated from Miami High in 1950. So all you have said, all this bickering back and forth for ten years about something that's so vital to the city, to the whole state, it is ridiculous. I mean, we have the heavy hitters here. We have all the big shots all over the place. You have to hear what I have to say. First game that I saw baseball, a little stadium - - wasn't even a stadium. It was a field next to the Orange Bowl. I don't even know what it was called. I was like 12, 13 years old. After that, they build some kind of a million -dollar stadium, which was incredible at the time. And I've been through Miami for -- I graduated from Miami High in 1950. I served in the Korean War, and after that I went into business, and I left. So I know what's happening in Miami. Miami is too much arguments between everyone here. Why don't you get together on something that is so necessary, so vital to the City? We shouldn't be asking or -- we should be begging them, the Marlins, to build a stadium and name it Miami Marlins. This is my Miami. I want to see a good game. They brought us championship -- two championships in ten years. What more do you want? I mean, this is incredible. Talking about a few dollars? Of course, a millions of dollars. These guys are rich. I mean, this is for the whole city. It's obvious, what you keep saying over and over and over again for years. This is more important than the business and this and that. Everything's important, but this, mind you, is extremely important. If you don't build this stadium, I move out ofMiami. I want to see a good game -- Chair Sanchez: So -- Mr. Manfrediz: -- Miami Marlins in the City ofMiami. Chair Sanchez: -- my guess is that you're in support? Mr. Manfrediz: What? I can't hear you. I can't -- Chair Sanchez: My guess is that you're in support of the stadium? Mr. Manfrediz: I can't hear a thing. Chair Sanchez: My guess is that you're in support of the stadium? You support the stadium a hundred percent? Mr. Manfrediz: Of course, I do. Chair Sanchez: Okay. Thank you. All right. Mr. Manfrediz: And I want to watch that game. I want you guys to bring another championship to the City ofMiami. Chair Sanchez: Thank you, sir. Mr. Manfrediz: Otherwise, I -- forget it. Chair Sanchez: Thank you. All right. Next speaker. City ofMiami Page 14 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Harley Tropin: Chairman, my name is Harley Tropin. And I respectfully request ifI can have a little bit more than two minutes. I represent Norman Braman in the lawsuit that's been filed. I want to speak against the -- Chair Sanchez: Let me just stop you for a minute. Madam Attorney. Maria J. Chiaro (Interim City Attorney): Mr. Chairman, you don't need to provide anything more than members of the public time two minutes, as you stated -- as you started this meeting. If there is a record requested, you can make that in the court hearing, but you don't need to provide any more time than the two minutes for any member speaking today -- any member of the public speaking today, regardless of representation. Chair Sanchez: Well, sir, just out of curiosity, you know, for the sake of all -- how much time are you going to need? Mr. Tropin: I'd say eight to ten minutes. And I agree that I'm not legally entitled to it. I'd just like to try and persuade you. Chair Sanchez: Well, I'll tell you what, I'll give you five minutes. Mr. Tropin: Okay. Thank you very much. I also have a couple of slides. May I show those, as well? Chair Sanchez: You got five minutes. Mr. Tropin: Thank you very much. Chair Sanchez: All right. Mr. Tropin: Mr. Chairman, Mayor Alvarez, Mayor Diaz, all of you have spoken eloquently about the need and the importance of baseball, and the good things that would come; but nowhere in anybody's remarks did anyone mention why it was important that the public not be allowed to vote on these things. The core principle underlying -- Applause. Mr. Tropin: -- Mr. Braman's -- Chair Sanchez: All right. Mr. Tropin: -- opposition to this -- Chair Sanchez: Steve Hagan, you've -- I've been here for almost 12 years. You've come every year for the last 12 years also. You know you can't do that. Why would you want to clap? When you read -- when the City Attorney -- Mr. Hagan: This is the most important (UNINTELLIGIBLE) on the minds of most people -- Chair Sanchez: All right. Mr. Hagan: -- is a public vote on something -- Chair Sanchez: Your -- City ofMiami Page 15 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Mr. Hagan: -- of so much of an importance and so much -- Chair Sanchez: Okay. Mr. Hagan: -- (UNINTELLIGIBLE). Chair Sanchez: All right. Unidentified Speaker: Yes, it is important. Chair Sanchez: Sir, you're recognized for the record. Mr. Tropin: I'm sorry. Mr. Chairman -- Chair Sanchez: Let's -- Mr. Tropin: -- let me continue. The core principle underlying what Mr. Braman's opposition is is before you spend public money of this kind for a private enterprise, you allow the people that put you in those chairs to vote on it. As you all know, a lawsuit's been filed, and my purpose here today is to ask you to defer your vote until after this lawsuit's resolved. I've worked with your City Attorney and your County Attorney to expedite this case being heard, and it will be heard within the next 80 days. Why is it important for you to agree to this, to defer this vote? I mean, we believe you should vote no, but at least defer the vote. You are going to embark on a course where you're going to spend hundreds of thousands of dollars and you're going to incur a lot of liability as you proceed down this path. You're going to have bond lawyers. You're going to have architects. You're going to have engineers. And none of these things are going to be upheld eventually because we believe that you didn't give the appropriate notice. Commissioner Regalado asked for an opinion about that, and the opinion was basically that you didn't need to follow your own rules. This is not going to stand. I think you need to listen to your new City Attorney and let her evaluate this. And I think you're going to need to have a new meeting that's properly noticed, and I don't think that this will be able to go forward. But more important than the notice issue to us is this interglobal [sic] agreement. Chair Sanchez: But that's not the issue in front of us today. The issue -- Mr. Tropin: Yes, it is. Chair Sanchez: -- in front of us today is the stadium. Mr. Tropin: Well, Mr. Chairman -- Chair Sanchez: Go ahead. You can proceed. Mr. Tropin: Oh. Mr. Chairman, I think when the facts are known, the only way this money gets used is because it comes off the backs of the people in the Omni district. In that agreement, it says the parties acknowledge that the CRA (Community Redevelopment Agency) amendment will result in an increase in the availability of CDT revenues, and the parties agree to use it for the baseball project. That is where the money is coming from. The County Managers, as talented as they are, they didn't invent the money; they didn't find the money. That is where the money comes from, and we didn't just find a few hundred million dollars in the last couple of weeks. It is being taken from the backs of the people in the Omni and Overtown. And my whole purpose here today -- and I see where this is going -- is so that you know what you're doing. You're taking the money from the Omni people and you were going to use it for the Orange Bowl for the baseball project. That's exactly where it's coming from. That will, in turn, have the people in the Omni pay 35 percent more to pay down the County's debt for the Performing Art [sic] Center City ofMiami Page 16 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 bonds, something that they have no interest in doing, but they will do because that's what's necessary for the baseball project;; and that is the shell game that's being played. This is in violation of what this money is supposed to be used for. It's supposed to be used for slum. It's supposed to be used for blight. It's supposed to be used for affordable housing. It's supposed to be used for slum clearance, but it's not being used for that. It's being used to help the Marlins. So what happens is that money, through the piggy bank of the Omni CRA, is being taken from the PAC (Performing Arts Center) bonds and it's going to support the Marlins Stadium and your other projects, like the streetcar and so forth. But that's where it's coming from, Mr. Chairman. The money is supposed to go to Overtown, and Overtown and Omni need that money. It is going to the Marlins Stadium. In further support of this, what you're doing is you're declaring Watson Island as a blighted area. I mean, that's not going to work either. I really appreciate the time you've given me. I know you didn't have to give me more than a couple of minutes, and I appreciate it. But here is my simple request to you. This isn't the right thing to do. If the people want to vote it -- for it, you should let them vote for it, but it's going to fail legally. So what we ask you to do is to defer your vote, let the legal system work its course; that's 80 days, and then vote if this is not found to be illegal. We think it will be, but if we're wrong, then you can go forward and you won't incur the liability. Thank you very much. I appreciate -- Chair Sanchez: Thank you, sir. Mr. Tropin: -- your courtesy. Commissioner Sarnoff Mr. Chairman. Chair Sanchez: Yes, sir. Commissioner Sarnoff Madam City Attorney, are we properly noticed? Ms. Chiaro: Yes. This meeting has been properly advertised and properly noticed pursuant to the regulations of the City Charter. Commissioner Sarnoff Are you confident? Ms. Chiaro: Yes, I am. Commissioner Sarnoff Okay. Mr. Tropin: That was the meeting many December, by the way. That's what I'm referring to. Chair Sanchez: All right. Commissioner Sarnoff Were we properly noticed for a meeting in December? Ms. Chiaro: I believe so. I haven't looked at the meeting in December. I was -- Commissioner Sarnoff Could you get back to us while we're at this meeting? Ms. Chiaro: Yes. Chair Sanchez: All right. Next speaker, two minutes. Greg Bush: Good morning. My name is Greg Bush, board member of the Urban Environment League, 945 Pennsylvania Avenue, in Miami Beach. And I've been involved, as many of you know, in the Bicentennial Park stadium issue, going back many years to around 1999 and 2000. And I think it's safe to state that the Urban Environment League Board is not opposed to a stadium, but Miami is not baseball. Miami is far more than baseball. And we oppose the City ofMiami Page 17 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 stadium deal at this time. We oppose what this all stands for at this point. We believe and support essentially whatMr. Braman has been saying, that the process has been wrong so far; we think there should be a public referendum. We think there's been a lack of adequate notice, specifically for the December meeting, and that there needs to be more public input into all this financial shenanigans going on. There is an ungodly amount of money spent -- going to be spent primarily for the benefit of a private corporation. Is this capitalism in its purest form or what? What is needed in this city, as other speakers have said and will continue to say, is more affordable housing or a whole host of other needs from parks to other public amenities that are in very sad shape. And that needs, it seems to me, your attention. Another point I'd like to make very briefly, I've watched the amount of time spent on this issue by a number of people, and to me its unconscionable and shameful the amount of time spent on the baseball issue by public officials when there are so many other public problems that you need to face. I would just conclude and ask that you defer this issue; that you really consider trying to build a -- an enduring city rather than an ephemeral city built on a lot of wrong-headed plans that are not well considered without the public input. Thank you very much. Marva Lightborne: Good morning, everybody. Good morning, Commissioners, and good morning to you, Tomas Regalado. My prayers is continuously with you. I agree with whatMr. Bush said. I agree with this -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I need a name for the -- and address -- Lightborne: Oh, I'm sorry. My name is Marva Lightborne. I'm with the Concerned Citizens ofModel City. I'm also with the Hampton House. And I'm also with the NAACP (National Association for the Advancement of Colored People), political action committee. I hear this, and I'm glad that heard this, because everything make sense. But think that we need to take it to a vote to the people and let the people decide. As Mr. Bush had said, I don't need to repeat what he have said and what the attorney here have said, I don't need to repeat. I think it's well taken. My forefathers [sic], A.C. Lightborne, was one of the corporators [sic] for the City ofMiami in 1893--1896, and I know that he's rolling in his grave right now to know that we were disenfranchised black people Overtown or whether in the City ofMiami as a whole. We need to bring this to the public attention by bringing it to a referendum, to a vote and let the people decide. That's all. And fair housing, and it needs to be continued. We need to have adequate housing. It's not even low income. It need to be adequate housing for the poor folks. And I don't want to go on over my two minutes, but thank you very much. And I will continue to follow this and see how it will impact the black community as a whole. Thank you. Commissioner Gonzalez: Thank you. Jose Gonzalez: My name is Jose Gonzalez. I live at 1118 Southwest 10th Street. I am a citizen. I represent myself. I don't represent any organization. And I have the same concern as some speakers in here. How come in such an important issue that have took so long and you cannot trust on the public vote? None of you have the business experience to make a deal such as this. You need more time and more information. Miami doesn't need a stadium. The 29 or so million passengers that come through the airport ofMiami every year, I don't believe that they come to see a baseball game. We have weather, beautiful beaches, and that's what it have sold. If you -- a couple of years ago, I read on the newspaper that there is an economic study done by an American university about the sports arena, and the conclusion was that they are -- there is not a single sport arena in this great nation that have contributed to the economic development of the city or county where they are established. It is an entertainment; it is a business, and it should be treated as such. It's not a public service. It's a lie. It's a business. Please treat it as such. Mr. Diaz -- I don't know where he is -- you have to be careful when you sign a contract. Everybody knows, and I believe that we are for a -- on -- for a very short memory. When a deal was sign with Monty Trainer on a prime piece of property in Coconut Grove waterfront, Mr. Diaz was on the private practice, and I believe was in the side of at that time, Monty Trainer's City ofMiami Page 18 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 company. And it was a sweet deal. And we can give to a private company that is just there to make money, a very, very sweet deal because you have not trust the citizens of this great city. I am against this stadium. You should get more information about it. And in regard, another thing that you can see that -- Vice Chair Spence -Jones: Sir. Mr. Gonzalez: -- the stadium is not -- Vice Chair Spence -Jones: Sir. Mr. Gonzalez: Just one second. Vice Chair Spence -Jones: I just want you to know your time is up. Mr. Gonzalez: Just one second. Vice Chair Spence -Jones: I'll give you a second, okay? Mr. Gonzalez: The only thing that has come out in national TV with 200 fans in a game, the only one; that says a lot, that we don't need baseball in here. Thank you. Vice Chair Spence -Jones: Thank you, sir. Applause. Vice Chair Spence -Jones: Yes, ma'am. Helen Barbary Williams: My name is Helen Barbary Williams. I represent the Rilya Wilson Advocacy Project, Incorporated. And I'm a candidate for Mayor of Miami -Dade County. I live at 9801 Northwest 25th Avenue. I remember my father's joy at the celebration in historic Overtown when Jackie Robinson broke the color barrier in baseball. I am a consummate baseball fan. I ask you, as a baseball fan and a United States citizen, please do not consider this agreement, regarding the baseball stadium until registered voters have voted on this matter. There are many voters who already feel disenfranchised in Miami -Dade County and in the City of Miami and, indeed, in the state of Florida. Show the voters good faith and vote on the matter. Why do you fear the voting process? It is a constitutional right and a privilege, and nothing is supposed to exceed the United States Constitution. Please, allow the public to vote. If you have nothing to fear, the vote will be the vote. I thank you. Chair Sanchez: I thank you. Next speaker. Jesus Ojito: Buenos dias. Mi nombre Jesus Ojito. My address is 6144 East 6Avenue, Hialeah. Mr. Ojito (as translated by Spanish interpreter, Ramon Garcia): I'm coming -- representing the Chair Sanchez: Wait, wait. Whoa, whoa. Ho, ho, ho. Are you having problems? Okay. How can we help you? Give her some time. Her fingers are fast, but not that fast. All right. Put it back to two minutes. Mr. Ojito (as translated by Spanish interpreter, Ramon Garcia): I'm representing the thousands of signatures, like a humbled citizen that I always been. And what goes to Tallahassee doesn't come back. They kept them on file at Tallahassee, all the -- at Rudy Garcia's office. It wasn't his fault, but they stay there. I've been for a long time in this -- this town wants a stadium. I'm City ofMiami Page 19 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 going to show you a simple example. In any radio problem [sic], whether they be talking about food or fashion, and they change the subject to the stadium, the Marlin [sic] stadium. The phone calls are 10 to 1, sometimes 10 to 0, in favor of the stadium. It's not a program of sports, but any kind of programs that they start talking about. So therefore, I come to ask you, to this Commission, that look -- at the time of voting, voting time, look at the benefits that the stadium, the Marlins stadium is going to bring to the City ofMiami. There is -- today there is 80 flights that go through Fort Lauderdale. Those baseball players, those families, those fans, they travel to the hotels in Fort Lauderdale. The happiness that we bring to this town that nobody can hide, but united all the communities when the two World Series were won by the Marlins. The money that's going to be spent 500,000 -- $500 million, that's going to stay right here in the City of Miami. The tow (rucks, drivers, the electricians, everybody, all the jobs that it's going to create, and a franchise for the South Florida, that's going to be a social pride for all of South Florida. Chair Sanchez: And in conclusion. Mr. Ojito: I want to thank you that after this meeting is over, all of us can embrace each other. Thank you. Chair Sanchez: Next speaker. Ramon Guillen: Good morning, all the gentlemen, Commission, the children ofMiami. I like, you know, the English, but my language problem (UNINTELLIGIBLE) speak Spanish. I work over here -- Commissioner Sarnoff I didn't get his name. Mr. Guillen: -- in this united -- Ms. Thompson: I'm sorry, Chair. Mr. Guillen: -- Florida. Chair Sanchez: Okay. Hold on. Ms. Thompson: Chair -- Chair Sanchez: (Comments in Spanish). Mr. Guillen: Oh. My name Ramon Guillen. Chair Sanchez: Are you going to need -- Mr. Guillen: You got -- Chair Sanchez: -- the translator? Okay. Mr. Guillen: -- (UNINTELLIGIBLE) in English, because, you know, my life, I speak in (UNINTELLIGIBLE) today (UNINTELLIGIBLE). Chair Sanchez: Your English is like Celia Cruz, not very good-looking. Mr. Guillen: No, not very good, but I play. I speaking. You know, I live in -- My name Ramon Guillen. I live, you know, 38 -- 38 Northwest and 34, at Wynwood, Allapattah. I comment not today now. I play (UNINTELLIGIBLE). I don't play. I put -- you know, I got -- tell all the Commission, the City ofMiami, Carlos Alvarez, Dade County, he put a very, very supportive. City ofMiami Page 20 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 You know, the Miami stadium. I like it. Live here for 41 years. Some people, you know, the Allapattah and the Wynwood, Liberty City, all the people live in Dade County, (UNINTELLIGIBLE), Mr. Ramon, what happen now? He (UNINTELLIGIBLE) tell you, yes, no. I tell it -- you know, me come to Commission today. I tell you -- all the Commission. I tell them - - (UNINTELLIGIBLE) City ofMiami, he fully support the Carlos Alvarez. He fully support it. He don't play. He no (UNINTELLIGIBLE). When (UNINTELLIGIBLE), regarded the economic ofMiami. He coming up. He no coming down. Twenty people, you know, coming -- for 40 year something, he got a chicken -- he don't got a chicken. He got a -- the money in City ofMiami got to go play, got to go building, got to go economic the City ofMiami. You fully supported Commissioner Gonzalez. Michelle, I live in Wynwood. I live in Wynwood, Michelle. And Gonzalez, me live in Allapattah. Joe -- J. Sanchez, he fully support it. Tomas Regalado put the question, (UNINTELLIGIBLE) he said (UNINTELLIGIBLE) supported the stadium, the Orange Bowl, and how he support it, Tomas Regalado, today. He fully supported the stadium, the Miami Marlin [sic]. Thank you very much. Chair Sanchez: Thank you very much. All right. Next speaker. Frank Schnidman: Good morning, and thank you very much for giving me the time to speak before you. My name is Frank Schnidman. My address is 2621 Northeast 46th Street, in Ft. Lauderdale. I am Norman Braman's personal attorney. Deferring your decision today will not impact anything that you've been presented. Mayor Diaz talked about keeping Major League Baseball in Miami. Your decision to defer today will not affect whether Major League Baseball stays in Miami. The sky is not falling. There is no hurry. There is time. All of the Mayor's comments apply, even if you defer to have a better understanding of this 94-page deal. Just what is the rush? One question I do have is when the Mayor got up, he mentioned the briefing that you had had that he and Mr. Sarnoff shared together and had comments, and my question is, was that a noticed public meeting, and are there minutes of that briefing? Chair Sanchez: It's not a violation of the Sunshine Law. The Mayor can meet with any of the Commissioners -- Schnidman: Okay. Chair Sanchez: -- for the record. Mr. Schnidman: Thank you. Compromise by all. That "all" does not include the citizens. The citizens were not included in all of these discussions. And it is important to note that all the tourist dollars that we're talking about can be used for the stadium, but they can be used for other things; the convention center and other tourist -related activities. It is not just the ballpark. The chairman of the County Commission talked about the fact that all of the parties were involved, but obviously, all of the parties don't include the people. The County manager talked about the team effort. Obviously, the people ofMiami-Dade County are not on the team. And I have to ask, as you go forward with these negotiations, if you are giving the County the land under the Orange Bowl, why isn't the County giving you back the land that you want for Sawyer's Walk? Your decision here today is very easy. If all of you have asked the City Attorney if the Braman litigation has no merit and that you are at no risk to go forward, then you can with -- in confidence vote if you fruly understand this deal. Your decision is easy because you can defer and there is no risk that anything bad will happen with Major League Baseball. Thank you very much for your time. Chair Sanchez: Thank you, sir. Next speaker. Two minutes. Grace Solares: Good morning, Commissioners. My name is Grace Solares, president ofMiami Neighborhoods United. Commissioner Sanchez, may I ask for a bit more of time -- City ofMiami Page 21 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Chair Sanchez: Two minutes. Ms. Solares: -- only because the -- Chair Sanchez: Two minutes. Ms. Solares: -- 17 -- Chair Sanchez: Two minutes. Ms. Solares: -- members of the MNU (Miami Neighborhoods United) I've requested not to be here -- Chair Sanchez: Two minutes. Ms. Solares: Thank you, sir. Chair Sanchez: You're welcome. Vice Chair Spence -Jones: Grace, is there -- Ms. Solares: You're very kind. Vice Chair Spence -Jones: -- somebody that wants to give you the two minutes? Ms. Solares: Mr. Hernandez -- Mr. Herrera will. Chair Sanchez: Did he sign up? Ms. Thompson: Yes. Ms. Solares: He did. Chair Sanchez: You've got four minutes. Ms. Solares: Miami Neighborhoods United opposes the Marlins Stadium deal with the use of public funds in its entirety, no matter where they're coming from. However, since what we have before us today is an after -the -fact agreement because its conclusion in December, hastily drafted and hastily passed global agreement, there are very serious and egregious problems with this agreement that you have before you today. First of all, I went and checked the global agreement that you passed so hastily back in December, a month and a half ago, and at that time it called for a $10 million contribution. Now we have in this agreement a $13 million contribution. Also, with reference to the parking lot, the parking building that they have, it's going to be an extremely -- it goes beyond the amount of money that is written in here because it will cost probably 20,000 to $25, 000 per parking space. You will be actually paying about $150 million for the parking space. Also, you will be paying 250 million doll -- $250, 000 yearly to a fund to which you will have -- the City will have no rights to; the County shall. Also, if you take a look at this agreement that's online, the $550 million that you have here as being the cap, what it's going to cost to the City, is not accurate. And I'll tell you to go to number three. It says that all costs related to public infrastructure, City parking, City obligations under Section 401 and other development, whatever that may be in the future, is not included in the $450 million, and it's going to be part and parcel of the obligations of the City to pay. You are embarking on bankrupting the City most likely. We do not have the funds really, Truly, to afford this private enterprise. They have the money. Another issue in here is that if you sign this today, you're agreeing -- there are five agreements that will have to be negotiated later on; the assurance City ofMiami Page 22 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 agreement, which is the agreement of the assurances this team is going to give you as to what they're going to do. Who knows what it is? After you sign this, they can agree to spit on the sidewalk and that be only -- the only thing they're going to do. But you're already stuck with this agreement you're acting today. You will also have to go into the construction administration agreement. That agreement is not drafted. It's nowhere to be found. You will have to agree that after the fact, after you go into this. You have the management agreement. That's another agreement that will have to be entered in the future, yet you're binding the City today, by March 31, 2008. The parking agreement is another one. The non -relocation agreement is another one. All of those agreements are -- have not been drafted, yet today you're agreeing to do this? It is outrageous. I cannot ask any more but to join Mr. Braman's attorney asking you to defer this matter. Braman's case is on the expedited calendar of the City -- of the circuit court. They are going to give it preferential treatment. They're going to run this like you cannot imagine. Why? Because there're many things right now pending for you and the County to make a decision on. So do the right thing. Defer this matter until the Court has been able to determine whether what you have done and the County has done was legal or whether it was in violations of many laws. Thank you. Chair Sanchez: Thank you. So -- Commissioner Sarnoff Grace -- Chair Sanchez: -- MNU's official position is not in support? Ms. Solares: Opposing the stadium. Chair Sanchez: Thank you. Ms. Solares: Thank you. Commissioner Sarnoff Grace, who's the judge in that lawsuit? Unidentified Speaker: Judge Encharte (phonetic). Commissioner Sarnoff Encharte (phonetic). Chair Sanchez: All right. Next speaker. Aurelio Gonzalez: Good morning. My name is Aurelio Gonzalez, and I'm -- been living in Florida -- in South Florida for 32 years. And within the last few -- couple years, I've been residing in Philadelphia, where I'm finishing up my medical degree, and I actually wasn't expecting to come here today nor, actually, to even stand up in front of a podium. But realized in the beginning in the introduction most of the County managers and whatnot were -- it seemed more like an emotional pep rally. It was an emotional redundancy in terms of bringing up Mike Piazza and grandmothers and grandchildren and singing the anthem, someone mentioned. Very personal, and it wasn't very convincing, except for the league -- the president of the baseball league. He did have a few points that pertained to the issue. You know, considering the grandmothers and grandsons, there are certain parks, the one next door, Kennedy -- Shenandoah Park, I drove by there a week ago, and there were over 200 people in the basketball courts, 200 kids, parents taking their kids. So I think -- and if you -- and any given day, any afternoon, any evening you come next door and you'll see over two, three hundred, four hundred people. Sometimes that number is actually greater than the average presence on any given baseball game. In fact, it's -- I've noticed in the advertisement, it's not more about who's playing who or who the opposing team is, but actually, it's become very -- I've noticed they've also started advertising for concerts, free concerts, and it's not about baseball anymore. It's -- there's such a struggle for trying to get people to the games that, you know, we've resided on free City ofMiami Page 23 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 concerts and free tickets and whatnot that still isn't actually making a dent on the presence of any fans. You know, so that's all I have to say. Thank you. Chair Sanchez: Thank you. Mr. Paulman, do you yield your two minutes to Mr. Herrera? Mr. Paulman: Yes, sir, I do. Chair Sanchez: Thank you. Luis Herrera: My name is Luis Herrera. I represent the Vizcaya Homeowner Association. Mine is short. In December 18, 2007 -- and it's the Dade County hearing that we have the resolution for the baseball stadium, and according with the resolution, the Marlins Stadium is going to be renovate the Orange Bowl. It's right here for the record. And now they're going to turn it down the stadium and put a new stadium down there. So everybody went over there -- not everybody, only two people that's in there against the stadium because it's a global deal. And the stadium got to be -- people be voting for. The community, they can vote for. Like the Mayor said, the children, the grandchildren, everything is good, be all right like that. But I think the Marlins Stadium, they got enough money that they can make the stadium by his self not put the community in a spot to spend a lot of money in there, and later on we have to be pay for, and I think that's not fair. I think it's yet another way to have the stadium or whatever. Thank you. Chair Sanchez: Thank you. Is there anyone else wishing to address this Commission? Please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. The Chair at this time will pass the gavel, and would make a motion to approve SP.1. Commissioner Gonzalez: And I'll second that motion. Chair Sanchez: Under discussion. Commissioner Regalado: Mr. Chairman. Vice Chair Spence -Jones: Are you chairing or me chairing? Chair Sanchez: You're Chair. Vice Chair Spence -Jones: Okay. Chair Sanchez: Under discussion, I have the floor. Vice Chair Spence -Jones: Okay. Actually -- you want -- Chair Sanchez: I have the floor. Vice Chair Spence -Jones: Okay, and then Commissioner Regalado. Commissioner Regalado: He had the floor. Chair Sanchez: Madam Vice Chair, first of all, let me thank everyone for coming to address this legislative body with your opinions and your comments. Taking time off your busy schedule to come and address your Commission is something that we appreciate and certainly all your comments are taken into heart. Let me just say that there comes a time in history when vision and courage come together to create destiny. You know, you've heard a lot of arguments here in favor or against, and you know, one of them is is this a lot of government money? Absolutely. It is. It's a lot of government money. Is this money -- or could this money be used for police City ofMiami Page 24 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 officers, infrastructure, social services? Absolutely not. This money, Convention Development and Tourist Tax, comes with restrictions. These funds can only be used -- and they're generated by tourists that come to our City and stay in our hotels, and that money can only be used for convention centers and sporting facilities. That argument has been made. I think there's been a lot of misrepresentation out there where this money, based on the recommendation of our attorney and the advice that we've gotten, the money is legally used. Let me just get something out of the way. I have the outmost [sic] respect for Mr. Braman. I always have. I think he's been a tremendous citizen in our community. He's played a very important role in the arts and cultural aspect, and he is entitled, just like everyone is entitled in this great nation of ours, to take any legal [sic] to court. We have a system. That system has an avenue, and that avenue will go, and whatever the determination may be, he certainly is entitled to that. Now, these billions of dollars that are generated can only be spent on facilities and conventions. I made that very clear. The other question that I have, is this a wise investment? Ladies and gentlemen, I sit here as the Chair and the Commissioner who represents Little Havana, and I say with a brave heart and strong heart, yes, it does. It is a good investment for this City. We may love baseball with our hearts, but I could honestly tell you that this bill [sic] that we are approving today, we are approving it with our mind, with our head. We looked at it. I looked at it. I sat down with the attorney and feel that it is a good, binding agreement between the City and the County. Once again, just to see the City and the County and the private sector working together, something that we not have seen here in a long, long time is something that we could all be proud of. And show that when we do things right, that we work with other governments and we work with the private sector, we could accomplish a lot of great things. This stadium will create economic vitality in an area that, for many years, did not have. The area is not economically flat -lined because it does have some economics, but it certainly could surely use a lot of improvements to that area. The money that we're using that we're supporting investing our tourist tax dollars are creating economic vitality. I think who said it best was the County manager when he said that baseball stadiums become an urban destination point. I've done my homework because when I vote and I vote and I have to do what I think is right for this City, I do my homework, and I have great staff that sits down and looks at it. We looked at several stadiums throughout the United States. All of them brought economic vitality to the area. Let's use one for example, Cleveland. Cleveland, Jacob Field. Jacob Field was economically flat -lined, blighted. Today it's one of the most visited destinations with restaurants, retail, some - - an area that has basically turned around. At one time, nobody wanted to live there or visit. Today it's become one of the highly residential and visited places by people that go there. You know, let's talk about the site. The Orange Bowl -- and we've been at this now for eight years trying to find a solution to get this -- is a great site. It is an ideal site when you look at it. Why? Why is it? Ladies and gentlemen, it is close and convenient to regional areas such as Brickell, Coral Gables, downtown, the Miami River, the health district. People that could leave work in areas that are highly populated by employment can just drive a short distance to a stadium and enjoy time with their family, you know, sit back and relax, wait for the traffic to die down a little bit, and then head home. I think it's just a great opportunity for us. And with this vote, I strongly believe that the City and the County are teaming up with America's favorite pastime to create a sustainable stadium that I think all of us are going to benefit from. Now, my fellow colleagues, the time has come. I think that today we are in the ninth inning. Bases are loaded. We have two outs. We're three runs down. We have two strikes. And I believe we have a great opportunity to hit this ball out of the ballpark. Once again, the opportunity that's presented to us after eight years, numerous contracts, this has been up here for a vote four times, and at no time did anybody say let's take it to a vote. At no time. The four times that it's been here, no one said let's take it to a vote. Once again, I want to emphasize on a couple of things. One, it does not cost the taxpayers -- not a single penny coming out of their pocket. Second, the money's being used wisely based on the recommendation that I am -- I've been advised by the Legal. And second, ladies and gentlemen, we have a great opportunity to walk away from this and say that today the City, the County, the Marlins, the residents, the fans of baseball have made a great stride and a victory. So the Marlins are the only -- right now, to be honest with you, they're the only place that you could -- a hardworking man or woman can take their family for a reasonable price. City ofMiami Page 25 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Compare other sporting events where you could go, such as the Dolphins. Go and take your four kids to a Dolphin [sic] game. Go take your children and your wife to a Heat game. Well, you could go to a Marlins game and it's reasonable. I don't want to get into my experiences because I've had great experiences attending the games with my son and my father, who passed away. So ladies and gentlemen, I think the time has come for us to say whether we're for baseball or not for baseball. And have said here and have supported other Commissioners with their projects in their district to benefit. This project not only benefits the Little Havana, it benefits the City ofMiami, and when it all said and done, I think it's something that if we want to be an international city, a city to be recognized throughout the world, I think baseball is a part of the ingredient that we need, along with arts and cultural aspect, to show that Miami is truly a magical city. Thank you. Vice Chair Spence -Jones: Thank you, Commissioner Sanchez. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Madam Chair. I remember the Manuel Artime Theater in 2001, when City Hall here in Coconut Grove was under construction, and we had that meeting, and we had one of the votes about the Marlins Stadium, and we all voted for, and at that time, 2001, we discussed the Orange Bowl, and I fried to have a motion that -- but couldn't get it to designate the Orange Bowl as the preferred site. At that time, we voted for the river site. The former owner didn't like or prefer the Orange Bowl. And then apparently, all stars align, now the -- what we discuss, what the City Commission discussed and wanted in 2001, the Orange Bowl site is now the preferred site. And because it is the Orange Bowl, it is important for the City ofMiami. I was telling the Manager the other day when he briefed me, well, I guess this is like the House and the Senate. The House votes in the morning, and the Senate votes in the afternoon. However, there is something that I'm really troubled, and it's about the image of Miami. Unfortunately, most of the residents of the City ofMiami cannot be watching this now because many people are working, doing what they need to do. People that have satellite cannot get this station because we are only broadcast in cable. And what they really get is the information through the media, and it is important to sort of set the record straight, clear the record and state that the City ofMiami is a major, major component of this deal. In today's Herald, it says City ofMiami confribution, 23 million from tourist tax dollars. The contract does not stipulate where the City will get the remaining 94 million for the parking garage. So this is today's. About a week ago, or last Sunday, the Herald said, well, the City confribution will be $13 million, which is sort of what we have here in this resolution or explanation of the resolution. And one would say, well, that's not that much. Actually, the County and the Marlins are taking the brunt of the construction of the stadium. However, it is important for the people of Miami to understand and know how much is the City pitching in for the Marlins for, as the Mayor said, the baseball stadium for the people ofMiami-Dade County. Mr. Manager, a question. It says here that, you know, $13 million. But in the total fiscal impact on this resolution for the City, it's $107 million. This is because the agreement says the City must -- not -- it doesn't say shall, it says must build a parking structure of $94 million. Is that correct? Mr. Hernandez: Commissioner, on the agenda summary that we have, we do show from the City perspective 107 because it's the sum of the 13 million CDT going towards the stadium and the 94 that we anticipate will be needed for the parking facilities, and the total will be 107. Commissioner Regalado: So -- but the agreement makes it legally binding for the City to build a parking structure; is that correct? Or we can just walk out and don't ever build the parking structure? Mr. Hernandez: No, sir. The binding agreement, the BSA, does call for the City to provide 6,000 spaces on -site, meaning in the Orange Bowl entire site. Commissioner Regalado: So the contribution of the City, just to clear the record, stands now at City ofMiami Page 26 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 $107 million. That doesn't include the $10 million for the demolition. Is that correct? Mr. Hernandez: Correct. There is $10 million there that includes demolition, and also those monies could be used for, let's say, improvements either on -site or around the site itself. Commissioner Regalado: So the contribution to build the stadium is up now to $117 million? Mr. Hernandez: Yes, sir. Commissioner Regalado: We are -- you just said that we are going to deed the land, so we are going to give away the land to the County, 13 acres of around 40 acres. Do we know how much will be that land? I mean, it has to go through zoning changes and all that, but just say for the sake of numbers, what is the cost of the land? We know that the cost of the land in Watson Island for the tunnel will be like $5 million, and that is very prime property, but do we have an idea of how much -- would that land --? I mean, 13 acres --12 -- you said between 12 and 13. Here, it says 13. Mr. Hernandez: Commissioner, at this point I don't have an idea. It does have a value, but it's something that we really haven't analyzed, we haven't appraised it because it hasn't been necessary as part of the negotiated deal. It was always the plan to deed that over to the County, and we have not priced it. Commissioner Regalado: So it has to have some value, so we figure, you know, maybe 10 or 20 for just for the sake. So the contribution of the City ofMiami, it's -- we have to think it's more than $125 million. Mr. Hernandez: Right. In the calculations that you were just doing a little while ago, it would be $117 million plus land. Commissioner Regalado: Plus the land. So that's -- so the component for the City -- I mean, from the City ofMiami, it's vital to this? Mr. Hernandez: Well, when you look at it overall, it's about the same contribution that the City had when the downtown scenario was being considered, which at that time was 121 million. Commissioner Regalado: And I'm glad that you just said that because it brings me to this point. The last four times we voted, we all supported the stadium. So there is a political will in the City ofMiami to support a stadium. We rally for the Orange Bowl or the river. The downtown, I guess, it had some issues and -- but, in general, the City ofMiami, through its elected officials, do want to move forward with the stadium, with the only difference that in the last four times, everything was ready, and the only component missing -- they call it the four leg -- was the $60 million from the State Legislature. I mean, we had everything. We had the Marlins, the County, and the City online, and every time that we went to Tallahassee, we failed, and the headline says stadium deal falls because the State Legislature didn't do the right thing, whether it was Governor Bush opposing, whether the Senate or the midnight message that came too late to the House from the Senate, everything. Every time it failed. So my question is why do we need to get the Marlins Stadium, the stadium ofMiami-Dade County, in the global agreement who has mounting challenges if in the past, we fried and we could have done the stadium only if we got the component from the State Legislature? That is a question that many people asked, and I wonder. There is something that I'm very concerned when -- since I'm not -- since I don't know too much about business, I'm not that intelligent, I'm concerned when I get confused. And I remember in December you were sitting there, I was sitting here, and we all were discussing the global agreement. Twice I asked you about the Marlins Stadium. Twice you said, Commissioner, without a tunnel, there is no stadium; without a PAC, there is no stadium. This is all global. That is, I remember, your words. Now you're saying that this just one stand-alone, so City ofMiami Page 27 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 we could have done the stadium -- what you're saying is that we could have done the stadium -- you said today -- without the global agreement? Mr. Hernandez: The reason I called it freestanding and actually independent is with the reference to the funding sources. The funding sources that we have in place for the stadium are all legitimate funding sources that are earmarked for facilities like convention centers, stadiums, et cetera. So the tourist tax dollars are earmarked for this type of work. Now, in the global, money flowed from CRA (Community Redevelopment Agency) Omni to support the PAC (Performing Arts Center) freeing up TDT or CDT, mainly CDT, from the performing arts that was supported the performing arts to the stadium. However, the funding that we're talking about is totally, totally correct for baseball. And the -- I don't know if the manager wants to add anything to it. Mr. Burgess: The global agreement -- and that's what it was called, somebody named it that -- was a series of different projects that were important to both the City and the County. The result of that was a negotiation. This is important. This is important. We all see different things that are important, so we look and we -- at them, and we negotiate an agreement that is a package of projects. The $60 million of Convention Development Tax that is targeted to the ballpark is the same $60 million that was targeted to the ballpark two years ago. The global agreement, the 35 percent of the Omni increment that we at the County collectively have agreed would go to support the PAC does not liberate CDT dollars currently going to the Performing Arts Center so they can go to baseball. That is a gross inaccuracy. It's a huge misconception. What it has the effect of doing, though, is assuring that in the future, as you look at forecasted growth, that future capacity of a revenue stream is available for other projects, whatever they might be. The $60 million targeted to this ballpark is not in any way whatsoever dependent on the global for that revenue to be available for the ballpark. It's the same 60 that we had designated over two years ago. Commissioner Regalado: Thank you. I really need to ask the City Attorney because -- and the Manager said that this was designated, the $60 million, so we can be assured that the stadium will not be affected. But Madam City Attorney, can you guarantee that the legal challenges that have been mentioned here and that will be up in the court system in the next month do not have any merits, that this board should dismiss as anecdotal, this legal challenge? Ms. Chiaro: I cannot ever guarantee what the court decisions will be. We have looked at the allegations of the complaint, and we believe they are -- that the City's position is defensible. I will tell you that if in fact, any element of the agreement is not upheld, that we have included in the agreements a force majeure clause, which means that it is -- the City will not be penalized because the court has determined that some element of the agreement can't be upheld. Commissioner Regalado: So you -- now, as our attorney, you can't guarantee us that maybe this deal will never be affected for any court decision? Ms. Chiaro: I can't guarantee that nor could I ever guarantee that the court -- what the court decisions would be. Commissioner Regalado: Thank you. Commissioner Sarnoff What you're saying is that -- and you don't mind? Chair Sanchez: Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Are what you're saying is that the -- if -- in the event a portion of the deal is considered to be rendered unenforceable by the Court, let's say, that essentially that puts the parties back to the status quo ante? City ofMiami Page 28 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Ms. Chiaro: Yes. It will not be considered an element of default. Commissioner Sarnoff There'll be no penalty to the City and no penalty to the County? Commissioner Sanchez: No penalties. Ms. Chiaro: No penalty if it meets the -- and we've included the elements in the force majeure. That's correct. Commissioner Sarnoff So the parties will go back to the status quo ante as if the agreement was never executed? Ms. Chiaro: It's general -- yes. Commissioner Sarnoff Okay. Commissioner Regalado: So now we've got two attorneys talking and I understand better. So what the courts can do is send us back to start. Ms. Chiaro: Yes, if we want to go back to start. Commissioner Regalado: And is it accurate -- and this is the last question, Mr. Chairman -- to say that the statement of Mr. Braman attorney is right, that this process will be up in the court docket in the next 30 to 60 to 90 days? Ms. Chiaro: That's what the attorneys for Mr. Braman wish to have. That is yet to be determined by the Court what the time frame will be. Commissioner Regalado: Thank you, Mr. Chairman. Chair Sanchez: All right. Commissioner Gonzalez, you're recognized for the record. Mr. Tropin: I'd like to be recognized. Chair Sanchez: Sir, only if there's a question to be asked. We have procedures. You know, everybody just can't get up and talk. Mr. Tropin: I appreciate that. Chair Sanchez: If there would be a question, I would allow you the opportunity, but if not, you just -- you know, you're going to have your day in court. Mr. Tropin: Okay. I just wanted to ask -- answer the question about the -- Chair Sanchez: It's off the record. Mr. Tropin: -- force majeure. Chair Sanchez: All right. Commissioner Gonzalez, you're recognized for the record. Commissioner Gonzalez: Mr. Chairman, I just want to add too that we have been working on getting this stadium built for the last seven years, and there is no doubt in my mind of the impact that this is going to have in Little Havana, and not only in Little Havana, but also in the area of Allapattah and the surrounding neighborhoods, Overtown, and the entire City ofMiami, as a matter of fact, and Miami -Dade County. We have seen it throughout the country what these City ofMiami Page 29 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 stadiums can do in blighted areas and areas that are in decay to revitalize the areas. So that's the reason why I'm very happy to have second your motion to approve this stadium. And I'm sure that eventually we will all be very happy of having approved this deal. Thank you. Chair Sanchez: I'm sorry. We were flipping for -- to see who's going to go next. Commissioner Gonzalez: Yeah. I saw that. Chair Sanchez: You know, I got to -- Vice Chair Spence -Jones: Mr. Chairman, I -- Chair Sanchez: -- please my Commissioners up here, you know? I fry to run a smooth meeting. They were both arguing, I want to go next, I want to go next. Let's flip for it. Commissioner Gonzalez: And now -- Chair Sanchez: So you're next. I apologize. Commissioner Gonzalez: -- you were flipping the coin. Let me add something else. I need to publicly commend the Marlins because they're talking in this deal about `X" amount of tickets, 5,000 tickets, I believe it is, and -- Chair Sanchez: No. Commissioner Gonzalez: -- you know, all the tickets are $15 and all that. Well, before having the stadium, the Marlins have been in my community, okay, providing tickets for families that cannot afford to go to the stadium to see a baseball game. They have done it long before this deal came to the Commission. They have visited my senior centers. They have been bringing gifts to my seniors in my district, so they are very pro -community, and they -- you know, they're community -oriented, and I need to commend them, and I need to thank them publicly for whatever they have done in my district with my kids and my senior citizens. Chair Sanchez: Thank you. Commissioner Sarnoff, you're recognized for the record. He lost the coin toss. Commissioner Sarnoff I did, butt want to say it was a retoss, so I think I was a little bit gypped, but -- Larry, maybe you can come up here for a moment. I have a bucket. It's got $117 million in it. We'll put the plus land on the side for a moment. How do I start reducing the bucket? How does the City's liability or cost -- how does it get reduced? Larry Spring (Chief Financial Officer): Don't quite understand the question. Commissioner Sarnoff Sure. There is a 5, 750 guaranteed seat at $10 -- seating that the Marlins are guaranteeing to pay at $ 10.03. How much do I reduce this 117 -- Mr. Spring: Oh, by -- because of that -- I'm better. I understand that portion of it. If you look at the parking guaran -- Sorry, Madam Clerk. Larry Spring, chief financial officer. If you look at the parking revenue stream that the Florida Marlins has agreed to, has guaranteed to pay, which is 5,750 spaces starting at $10.03 a space, when you look at our contribution of $117 million, you can basically back out $44 million of that. Commissioner Sarnoff That's a reduction from the guarantee, right? Mr. Spring: That's the reduction -- City ofMiami Page 30 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Commissioner Sarnoff The guaranteed -- Mr. Spring: -- from the guarantee. Commissioner Sarnoff -- parking revenue. What else can I back out? Mr. Spring: Then if you look at the CDT revenue sfream that will be committed by the County Commission as a part of an interlocal, which was, as the County manager stated earlier, previously approved by both the City and County Commission, that revenue sfream of CDT will cover the balance of the $107 million, so the 107 minus the 44, 47. Commissioner Sarnoff And then, correct me if I'm wrong, we would have demolished the Orange Bowl, we would have sited -- Mr. Spring: Correct. Commissioner Sarnoff -- the Orange Bowl. If we put a park out there, if we put a affordable housing project out there, if we had put a mixture of hotels, office buildings, retail, we would have spent this money and not allowed 40 acres to lay fallow in the City ofMiami? Mr. Spring: Correct. And that would account for the remaining ten, which the source of funds were dollars -- proceeds that were approved and transferred by MSEA (Miami Sports and Exhibition Authority) to the City ofMiami for the redevelopment of this site. Commissioner Sarnoff So ifI put the land aside for a moment -- 'cause I've always been curious -- I haven't been doing this this long, County -- why the City and the County fight over who owns what because to me it's owned by the citizens ofMiami, and I've never understood the fight over the PAC. I've never -- I do understand the police officers' issues, and I -- we'll get into that some day. But I've never understood the necessity of the County to say I own this, the City owns this; I've always thought it was ours, as public officials. I thought it was the citizens. I always thought it was all of ours. So I've never really cared who owned what, but that's just my thinking. As long as it was the general public's, I thought that was the most important thing that any of us would care about as elected officials. And yeah, we can fight over smaller issues. So if I put the land aside for a moment, which will still be held by the public -- and I notice on my tax bill I pay them just as much as I pay the City ofMiami, sometimes I think more, but -- it seems to me the City is putting $13 million when you do all your reductions. Mr. Spring: Correct. Chair Sanchez: Don't say that too loud. Commissioner Sarnoff Don't say that too loud? Okay. And I want to say that I was decidedly pretty much against this whole scenario until I looked at the agreement, and I read the agreement, I thought, as carefully as I read an agreement as a lawyer. And my hat's off to the Mayor, my hat's off to the City Manager and to the City attorneys who negotiated this. I didn't expect to read an agreement, from the City's perspective, that I think makes financial sense. Mr. Mayor, I told you about my memories. For those of you that don't know, I am estranged from my father, my real father. My real memories of my father come from him grabbing me and running down Shea Stadium to make sure we got our seat quickly, and we did this about five to ten times in our life. It's a strong memory in my mind. I've struggled with, since I've been a Commissioner, what is a public purpose? I know I came to this Commission thinking I knew what a public purpose was. I know my mind has changed to some degree what a public purpose is. I know that in the Omni CRA, for instance, recently -- I was approached originally by the Omni -- in the Omni CRA as a board member by the Women's Club, and I was originally asked City ofMiami Page 31 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 for $12.7 million to redo the Women's Club. I know it's got 200 members. They could argue they have 250. That's fine too. I know it has some valid public purpose. I'm not sure what, but at that price, it was $63, 500 per person. I know recently at a CRA meeting, again, the Omni CRA, Women's Club came to us and asked this time for $2.7 million, and that was to get their 40 year certification back up. Again, with the same 200 women, that came to $13,500 per woman. I wasn't sure that was public purpose. I didn't vote for it, to be quite honest with you. Now the City's asked to put $13 million into a deal that I've estimated, I think conservatively, 810,000 people from our City will go to, and for the City's purposes, that's $16.05 a person. And the question I ask myself what are the memories, what are the great times -- and how do we measure ourself as a society? I know we're supposed to say our artwork. I know we're supposed to say, you know, Renoir. I know we're supposed to say the new modern arts. But it's different for all of us. Each one of us will have a different way of measuring our lives. Many ofyou will measure it through your children, the birth of your child. Many ofyou will measure it at a communion ceremony. Many ofyou will measure it at a confirmation ceremony. Some of you will measure it at a bar mitzvah. And some of us will measure it through experiences that we had in life. I can remember, for instance, an experience with the '97Marlins, when I first met the woman that married watching an entire World Series. And she hates baseball. She watched the entire World Series with me. I heard the Mayor say that he got to go to a Marlins game, and it was a World Series game, so I am a little bit jealous. I've never been to a World Series game. But do remember the '69 Mets. I remember being allowed in grammar school -- Wheeler Avenue in Long Island. We were allowed to bring radios, AM (Amplitude Modulation) radios -- remember that old Zenith AM radio? We were actually allowed to listen to the games, the '69 Mets. I remember the '86Mets because I happen to have an autographed picture of the entire '86 Mets that are still alive over my bed -- to my wife's chagrin -- in my house. But want you to know that anything I do today on a vote will not come as a result of my love, dislike, or anything to do with how I feel about baseball. It has to exclusively do with the agreement that's before us. And I was decidedly going to vote against this agreement because I never expected it to be this good for the City ofMiami. This is a good agreement for the City ofMiami. This is a great agreement for, if you will, Ellis Island. I think that's a great analogy. My family actually came through Ellis Island, and there actually are Sarnoffs on the plaques of Ellis Island. This is a good agreement for Little Havana. This is a very good agreement for every part of the City of Miami, and that includes Overtown, and that includes all parts ofMiami. How do you measure our contribution? I don't know that there is an exact measuring stick that any of us here know how to measure what that will mean, whether it's a memory, whether it's a feeling, whether it's a bar mitzvah, a confirmation, or watching a World Series game, or if it's just merely bringing your father -- that's a great analogy, Mr. Mayor -- bringing your father, the direct opposite, to a baseball game and making sure you hold his hand to make sure he makes it through the crowd. You know, the City ofMiami, we don't have a great mass transit system. We don't have a way and a means that we all meet each other in a huge environment. We have the Heat, we certainly have the Dolphins, and we may very well have the Miami Marlins, and that is where our public will mingle. That is where every race, every creed, every nationality will mix and root for one thing, hopefully the Miami Marlins. So in -- for me, this agreement, the amount of money the City ofMiami has to put up, what we would do with this venue, whether we put anything there -- 'cause we a would not allow 40 acres to lay fallow in the City ofMiami. This agreement makes sense from a financial standpoint for the City ofMiami. Again, my hat's off to you, Mr. Manager, my hat's off to you, Mr. Mayor. Whether you worked a day on this or you worked a thousand days on this, the result is what counts, and you have a fine agreement from a financial perspective for each and every one of the citizens of the City ofMiami, whether they're rich or whether they're poor. So I'm impressed with this agreement. Thank you. Chair Sanchez: Thank you. Commissioner Spence -Jones -- Vice Chair Spence Jones, you're recognized for the record. Vice Chair Spence -Jones: Thank you, Mr. Chairman. Before I start, I would like to personally hear -- have you put whatever you were going to put on the record, sir? Just so that I'm clear, City ofMiami Page 32 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 I'd like to know what it was. Mr. Tropin: Thank you, Commissioner Spence -Jones. Vice Chair Spence -Jones: Sure. No problem. Mr. Tropin: What I was going to say was two things. First, Commissioner Regalado asked the question of the City Attorney -- Chair Sanchez: Sir, could you state your name and address for the record. Mr. Tropin: Oh, I'm sorry. Harley Tropin -- Chair Sanchez: Thank you. Mr. Tropin: -- 2525 Ponce de Leon Boulevard. Commissioner Regalado asked the question about what happened if the agreement was found to be void or if there was a problem with it, if the Court found a problem with it, and the City Attorney said that there was a force majeure clause, meaning that there might not be any liability to the Marlins. The problem is not just the liability of the Marlins. The problem is the expenses and the things that will be run up over the next 90 days if this agreement is found to be invalid. In other words, I'm not worried about what the Marlins are going to say. I'm more worried about the expenses for the consultants and everything else that's going to happen over the next 90 days. And so we suggest that you wait for that reason. The second reason that I got up to stand up -- and thank you for recognizing me, Commissioner -- is that the County manager, Burgess, in his response to the question about where the money was coming from, said it was a gross misrepresentation to say that it was coming from the Omni Overtown district. Do you remember that he said that? And in fact, that is exactly what the interlocal agreement that I put before you says. I put it up on the slide, and it says, in paragraph "A," in furtherance of the utilization of the funds for the County's payment of the debt service, and then it says the CRA will pay more money every year, and it concludes by saying -- and I'm quoting now -- "The City and County acknowledge that these funds are necessary to provide for the City and County contributions to the baseball project." Now it couldn't be clearer. You know, sometimes lawyers promise things. This is in black and white. This is what you all agreed to. This is taking the money from the people in the Omni and giving it to the Marlins. It couldn't be clearer, and it's right in the agreement. Thank you very much. Vice Chair Spence -Jones: Thank you, sir. I just wanted to make sure you had the opportunity as a citizen to -- Mr. Tropin: I appreciate it. Chair Sanchez: Thank you, sir. Vice Chair Spence -Jones: -- be able to communicate that. All right. It's obvious that -- I see where all the fellows stand. No, I don't have the experience of having my mother or my father take me to the baseball diamond, baseball games, Mr. Mayor. I guess I was at dance recitals and all those other things. So it's obvious where my colleagues stand on this whole issue. But before I -- before we vote on this issue, I think that it's really important that I put some real facts or put some real things in the agreement that I think we're missing. First of all, I want to acknowledge Mayor Diaz, Pete, our manager, and the staff our new City Attorney, or acting City Attorney, Olga, for their hard work in hammering out the agreement; Larry. I know that you guys have put in a lot of hard work, and I want to commend you for your efforts on that, and of course, working along with the County to get that done. I do believe, just as we've heard this afternoon, that this project will do wonders not only for Little Havana. And I support my chairman. I'm glad that he's getting such a great project in the area, but also for the City of City ofMiami Page 33 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Miami. I definitely do believe that is the case. I'm a bit saddened, though, because, you know, part of it for me-- all of this has been somewhat of a wake-up call for me regarding clear issues and clear things that I'd like to see happen within my district throughout the City ofMiami. I wish I could see the same level of support that see here today between the City and County to get real projects done and moving in areas that truly need the help, and I've had this discussion briefly with Mayor Alvarez this morning. The last time I saw the manager here, Mr. Burgess, I was very clear about issues from the global agreement. Promises were made from the dais, from the floor regarding key issues of revitalization -based projects that we wanted to have happen as a part of the global agreement, only to have it go to the County and not have any support and die. Yeah. And I have a -- I'll give you a copy of it before you leave, Mr. Manager. So for me, it's -- while I'm happy that Major League Baseball is definitely coming to Miami -- it seems that that's happening -- I just would like to see the City and the County put the same type of energy into revitalizing areas like Liberty City, Overtown, and Little Haiti, as we see it happening in Little Havana with the new stadium, which like I said, I support, butt wish I had the same type of support from the County to move these projects. I have to say, though, I don't feel the County has acted in good faith to help me improve the district, and Mr. Mayor, you know I've said this, and that's been our dispute over the last week or so on this issue. You know, it's very difficult -- and that's why I'm putting it on the record again -- for me to believe anything that's said at this point in a public meeting because we say one thing here and then it gets over there, and as Mr. -- Commissioner Regalado stated earlier, it's like we have the morning meet -- what did you say, Commissioner Regalado? We have the Senate hearings this afternoon? In other words, for us, we have to make a decision and then it goes over to the County. I really don't know what's going to happen when it gets over to the County. My viewpoint is I'm going to trust Mr. Mayor. He said that he was definitely going to work on some key revitalization projects that we need to have happen. We want to know that we have true support, not only when you need something or you need support. We want to make sure that when you say something here, you actually do it. And unfortunately, I just haven't had that experience, and I'm hoping after today that will happen. And I'm just learning now, being a neophyte in this game, that you just have to keep everything out front and in the open so that you can remind people that they've made promises that they're not keeping. So I just want to be very clear, and then I'm -- I would like to add -- Mr. Chairman, everybody has had an opportunity, and I feel your vapors. Whenever my chairman starts getting antsy, I feel his vapors from here. But everybody has had the opportunity to speak on this issue, and I think this is an important issue for the residents of the City ofMiami, and we should be able to communicate whatever we're feeling. I want to say this on the record, and I want to be clear before I get into the actual issues on the agreement that I'd like to see changed, but since I do have the County here, I want to be clear on these two things. There is issues when we start talking about this global agreement -- and Mr. Burgess, I'm sure you're aware of the global agreement and the reverters that were included in the overall global agreement. Now that we're not actually pulling them all out and we're focusing on the Marlins agreement separately, I want to make sure that there's a true commitment from our mayor -- and I consider you our mayor because you're over Miami -Dade County -- and from you, Mr. Burgess, that you're going to make every effort this afternoon to ensure that we have the kind of support for the areas that need the revitalization that we've been pushing very hard, our Mayor, to make sure some of these projects happen. I want to make sure I have that commitment that that's going to happen this afternoon. Can you --? I'm just learning, man. I'm learning now if you don't say it on the record and you don't say it in the mike, it don't happen. Mr. Alvarez: Well, Commissioner, let's fry to be clear. Vice Chair Spence -Jones: Yes. Mr. Alvarez: What we're discussing is what Mayor Diaz brought to my attention this morning -- Vice Chair Spence -Jones: Yes. City ofMiami Page 34 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Mr. Alvarez: -- and that has to do with the Crosswinds property and what occurred sometime back. It was told to me this morning that what we're discussing about is a different parcel of land -- Vice Chair Spence -Jones: Right. Mr. Alvarez: -- where there's a commitment to build low-income rental properties, and I believe you said there was a Publix that's scheduled to be -- Vice Chair Spence -Jones: For Overtown. Mr. Alvarez: -- constructed in that site. And I told you -- and I'll say it publicly -- that you have my support for that parcel of land and what the Mayor brought to my attention this morning, which is low-income rental housing for a different parcel of land and a construction of a grocery store. Vice Chair Spence -Jones: Thank you, Mr. Mayor. I just want to make sure -- Mr. Alvarez: My pleasure. Vice Chair Spence -Jones: -- that the folks in Overtown actually have the opportunity to have, you know, what they've been waiting for for a very long time, and I just don't want politics to destroy their opportunity to finally have something. So thank you so much for your commitment on the record. But while I have you up there, I want to also be very clear of another issue that I definitely want to make sure, and since we're dealing with this whole issue of global agreements, I would like to make sure that I also have your support. You know in the Model City/Liberty City area, we've been trying to rebuild the area, and there's several parcels of land that we're doing through the Liberty City Trust to actually build housing. And for the first time in a long time, ourAdminisfation is finally moving some of those projects. I understand that there has been a mandate from the County that the only parcels that you guys will be focusing your attention on to help rebuild or put housing there is your parcels. Any City -owned land in the areas -- Mr. Burgess, I'm sure you are aware of this, too -- any City -owned properties that in the Liberty City area or any areas, West Grove, too, same thing, that the focus is really are County -owned land first, and City -owned land would not be included in that. And it's really important from a homeownership standpoint that -- yes. These -- I believe these are the surtax dollars. There was a mandate from the County that any City -owned -- any County -owned land that's in the County is where your focus is going to be, and we need -- when the City puts our dollars in to build affordable housing in the area, we need to be able to rely on the County's support to help, you know, build these projects. We can't just do it with City -owned money. We don't have enough money to do it. Mr. Alvarez: Sure. Vice Chair Spence -Jones: So I just want to make sure -- you had a mandate that was, you know, announced and -- Mr. Alvarez: I'm not familiar with that mandate. The manager is not familiar with that mandate, but we'll certainly talk to the director in charge of that. But, you know, Commissioner, let me make my position quite clear. Vice Chair Spence -Jones: Sure. Mr. Alvarez: I don't see the City ofMiami as a separate entity. Vice Chair Spence -Jones: Okay. City ofMiami Page 35 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Mr. Alvarez: I see the City ofMiami as part of the Dade County. Vice Chair Spence -Jones: Yes, sir. Mr. Alvarez: And like you said, you know, you consider me the Mayor ofMiami-Dade County, and that's the way I look at it. So what's a priority for the City ofMiami would be a priority for me. Vice Chair Spence -Jones: Okay. Mr. Alvarez: And I don't -- I -- you know, I hope I'm being clear enough. Vice Chair Spence -Jones: I really appreciate your candor, and I appreciate you officially putting it on the record. Again, I'm just trying to get things done in my district, and if this is the only opportunity that I have in a room full of people with all these cameras on the mike to have this opportunity to do it, I know I need to utilize this opportunity to make it happen, so I've heard it, and everybody else -- Mr. Alvarez: Well, thank you for giving me the opportunity. Vice Chair Spence -Jones: And I really appreciate it. So thank you, sir. In closing, these are the issues that I'd like to -- Major League Baseball have included in the overall agreement that I just think that we need to have some adjustments on. Okay. The first thing was the issue centered around the Community Benefits Agreement. And I don't know, Larry, if you're -- can you just step up to the mike so you can at least make sure that we're all on the same page? I had a issue and a concern with the consequences to the failure for them to satisfy the Community Benefits Agreement. To me, I saw no real provisions addressing their failure to satisfy their outreach. It was very vague, the language. I think that there needs to be some sort of consequences whether or not they be financial, whatever they are. I think that there needs to be something put in place if they do not live up to their commitment to the residents. Commissioner Angel Gonzalez next to me has a wonderful baseball park at Grapeland. In the original agreement that I saw, it was more vague programs that just supported baseball projects overall. I would like for it to be focused on local projects in our cities or in our areas to make sure that these programs are -- benefit from this partnership, so local foundations, the optimist clubs, existing baseball clubs. I think the boilerplate language does not work. So I would like to make sure that we amend that to include local organizations in the City ofMiami, their sports -based programs, so that our kids benefit from it directly. I think that that needs to be a little bit more solid. So I would like to make sure that we have that as a commitment, Mr. Manager. Mr. Hernandez: Commissioner, with respect to the amendment, I think that the team would be in agreement, except for the portion of the penalty clause, which is something that we have to discuss with them more. And I would just recommend that you allow us to carry that through to one of the implementing agreements still to be negotiated. Vice Chair Spence -Jones: Okay. Mr. Hernandez: If you allow me that opportunity, I think that we'd be able to -- Vice Chair Spence -Jones: I definitely -- Mr. Hernandez: -- work with them. Vice Chair Spence -Jones: -- I would definitely want to make sure because, like I said, we all have programs that I think our kids can benefit from. The other thing that I had a big issue and City ofMiami Page 36 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 a concern with -- and Olga has straightened it out for me -- was the consequences around the MBE programs. I understand that Major League Baseball has done a lot of great things across this country for small businesses, but I think that the language, sir, in the agreement really needs to be further defined so that we make sure -- because a lot of these projects take place and we spend a lot of money between the City and County, and we always throw out this small business support, minority -based programs, and that stuff never works. It hasn't worked for us at all yet. So I really want to make sure that there's a true commitment from the City to work along with Major League Baseball and the County to ensure that these programs are actually put in place and that the small businesses do benefit from the actual overall development. Mr. Hernandez: Commissioner, this is a project. The consfruction of the project will be under County procurement rules, and they do have a community small business enterprise, and they have other requirements that would apply to the consfruction of the facility, and I'm quite sure the County, the Manager, and the Commission would ensure that there will be the most local participation possible. Vice Chair Spence -Jones: Right. But I just want to -- I want to add on this, though. And I'm glad the County is going to do what they say they're going to do. But I want to say to Major League Baseball -- because you guys have a lot more latitude to do more and -- from the standpoint of making sure small businesses are really participating because this -- I can tell you how many times people come up here and say that they're going to do this with the City and County and it does not happen. So I want to make sure from your perspective, the dollars that you guys are bringing to the table, that has less, you know, restrictions, that there is a serious project or program put in place to make sure the smaller businesses and the vendors have the opportunity to participate. Mr. DuPuy: May I respond briefly? Mr. Spring: Yeah. Vice Chair Spence -Jones: Yes, you may, sir. Mr. Hernandez: And Commissioner, also, I understand that the amendment that you have proffered is acceptable, and Mr. DuPuy will probably address that -- Vice Chair Spence -Jones: Yes. Mr. Hernandez: -- and the only issue was the one dealing with the penalty clause, which is something that we will discuss with them through the implementing agreements. Mr. DuPuy: Commissioner, we have no problem with your language. The only quarrel I would have is with your statement that you hope we will do. We have done. Vice Chair Spence -Jones: Okay. Mr. DuPuy: We are the best professional sport in that regard. We've received awards for it. We have over 700 registered minority and small business vendors that we use throughout the country, and as I mentioned, we do $500 million -- we've done $500 million worth of business, which is a lot of business. So we are committed to it. Vice Chair Spence -Jones: Okay. Mr. DuPuy: The team is committed to it. The team has done well. I'm more than happy to meet with you at any time and go over what we have done, the types of businesses we're utilizing and that will be utilized, both in the consfruction and operation of the stadium. We accept the City ofMiami Page 37 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 language that you've proposed. I would, however, with all due respect, request that a statement with regard to penalties not be included in these paragraphs. We'll discuss consequences. We'll discuss a review. We'll discuss what happens, all of which will be included in the management agreement and the construction and administration agreement. But in terms of the aspirational aspects of this, we're committed to this, we've done it in the past, we will continue to do it, and we will do it here in Miami. Vice Chair Spence -Jones: And hopefully, sir, you can teach the City and the County a lesson on how to do that because, unfortunately, we have failed in that area. So I appreciate you putting it on the record. And Larry, I guess you're going to also add something to what he's putting on the -- that's it? Mr. Spring: That was the statement. Vice Chair Spence -Jones: Okay. Thank you so much, sir. Mr. DuPuy: Thank you, Commissioner. Vice Chair Spence -Jones: And then last but not least, the only thing that I really wanted to make sure that -- I think is really important -- I think today -- in closing, I think that one of the things that I've heard from the citizens -- because I believe that's what we were all elected to do is to listen to the citizens and what they decide they want to see happen within the City. I think it's important for us to hear their concerns and not be angered by whatever they have to say. I mean, the reality is we were put here by them. I think that there -- the concerns around having more time to digest this from a community perspective is important. I think the fact that people have put on the record that they feel or felt that there should -- this should have gone to a vote is an important perspective, and I think it was important to hear it from people today. I would like to suggest in the midst of this, in closing, because people -- there are people in the community that feel like they have not had a lot of participation in this process or in this deal actually being cut and done, that we put together some sort of community -- I don't want to call it advisory -- but an oversight board that is similar to what we have with the Orange Bowl but focusing on the key issues of accountability. The things that we say we're going to do, we stay on top of those things to make sure that the jobs, the youth programs, the vendor programs, all of these things that we sit in this room and we all agreed that's important, there is somebody put in place to enforce or make sure that people from the City and from the County, from Major League Baseball are being accountable to the people. I think that it's great to come up with these wonderful big projects and to push them to make them happen, but if the citizens are not involved in that process -- just like we did with the Museum Park. We had several community hearings before Museum Park moved, and I thought that was a great thing to do to make sure that, you know, we had as much input as possible. That did not happen on this project. So I want to suggest that, by putting this on the record with Mr. Manager, there is some sort of community oversight committee that each one of us have the opportunity to actually provide names of individuals or appointees to actually sit on that board, not only for the building of the new site, but also for the operations part of it. Because it is a very important step that we're making today, and I think that it's really important to make sure that we keep the community involved in what's happening with the site and we keep everybody accountable. So my only suggestion -- and I'm hoping that this goes and I get a commitment from both our City Manager and, of course, Miami -Dade County to make sure that there's some sort of community advisory or oversight board put in place to make sure that we're living up to what we claim we're frying to do. Mr. Hernandez: Yes, Commissioner. Chair Sanchez: All right. City ofMiami Page 38 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Vice Chair Spence -Jones: Thank you so much. Chair Sanchez: All right. In closing, Commissioner Regalado, and then we'll take it to a vote. Commissioner Regalado: A brief ques -- Chair Sanchez: Commissioner Regalado, briefly. Commissioner Regalado: Thank you very much, Mr. Chairman. Brief question for Madam City Attorney. In about an hour, the County Commission will be debating this. I'm sure that the 13 members with many, many years of experience will maybe amend some parts of this agreement. If this agreement is somehow amended in the County this afternoon, does it have to come back to us? Ms. Chiaro: If the amendments are substantial and change the terms, it does. Commissioner Regalado: But what would be substantial? Ms. Chiaro: I can't -- Commissioner Regalado: We don't know? Ms. Chiaro: If -- I mean, something that matters, something that is -- Commissioner Regalado: Well, I thought that everything matters in that agreement. Chair Sanchez: Especially the numbers. Ms. Chiaro: I'm sorry, that's the way the Court defines it, as -- Commissioner Regalado: Oh, okay. Ms. Chiaro: -- something that matters. But if it's a substantial amendment and it alters the agreement, then it will need to come back to this Commission for approval again. Commissioner Regalado: Thank you. Chair Sanchez: All right. Before we take it to a vote, I -- let me just make one correction for the point of clarification. I stated on the record that I was briefed by the City Manager and the Attorney. I was not briefed by the Attorney. I was briefed by the City Manager 'cause the Attorney came and said I wasn't in that meeting." So just want to clarify that. Did you get that on the record? Because I'm sure that's going to come up. All right. So that's just a point of clarification on it. All right. This is a resolution. Madam Attorney, read the resolution, followed by a roll call. The motion has been made by the Chair, second by Commissioner Gonzalez. The item has been discussed, and therefore, it is going to a final vote at the City of Miami Commission. Later on at 1 o'clock, it will be taken up at the County Commission. The Resolution was read by title into the public record by Interim City Attorney Maria J. Chiaro. Chair Sanchez: All right. Roll call, Madam Clerk. Ms. Thompson: Roll call. Commissioner Sarnoff? Commissioner Sarnoff Yes. City ofMiami Page 39 Printed on 4/28/2008 City Commission Meeting Minutes February 21, 2008 Ms. Thompson: Commissioner Regalado? Commissioner Regalado: My vote is not about we want baseball or not. My vote is about having the stadium hostage over global agreements, so my vote is no. Chair Sanchez: Okay. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Okay. I just want to make sure I put on the record, just be very clear that none of the dollars from Overtown CRA will be used towards the baseball stadium, and everything that I put on the record today is amended, and the commitment that the County has made to focus on some of these clear issues are addressed in this agreement, then my vote is yes based upon those items. Ms. Thompson: Then Commissioner Sanchez? Chair Sanchez: All right. My vote, I believe this is a grand slam for South Florida, yes. Ms. Thompson: And recording the vote, because of the statements made by the interim City Attorney, I'm showing this as a modified resolution? Ms. Chiaro: It is a modified resolution. Ms. Thompson: Thank you. Your vote is 4/1 in favor. Chair Sanchez: Thank you. All right, ladies and gentlemen. Applause. Chair Sanchez: Thank you so much. This meeting is adjourned. City ofMiami Page 40 Printed on 4/28/2008